[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2834 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2834

 To enact certain laws relating to the environment as title 55, United 
                     States Code, ``Environment''.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2015

  Mr. Marino introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To enact certain laws relating to the environment as title 55, United 
                     States Code, ``Environment''.

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

SECTION 1. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1.  Table of contents.
Sec. 2.  Purpose; restatement does not change meaning or effect of 
          existing law.
Sec. 3.  Enactment of title 55, United States Code.
Sec. 4.  Conforming amendments.
Sec. 5.  Transitional and savings provisions.
Sec. 6.  Repeals.

SEC. 2. PURPOSE; RESTATEMENT DOES NOT CHANGE MEANING OR EFFECT OF 
                    EXISTING LAW.

  (a) Purpose.--The purpose of this Act is to codify certain existing 
laws relating to the environment as a positive law title of the United 
States Code.
  (b) Restatement Does Not Change Meaning or Effect of Existing Law.--
          (1) In general.--The restatement of existing law enacted by 
        this Act does not change the meaning or effect of the existing 
        law. The restatement consolidates various provisions that were 
        enacted separately over a period of many years, reorganizing 
        them, conforming style and terminology, modernizing obsolete 
        language, and correcting drafting errors. These changes serve 
        to remove ambiguities, contradictions, and other imperfections, 
        but they do not change the meaning or effect of the existing 
        law or impair the precedential value of earlier judicial 
        decisions or other interpretations.
          (2) Rule of construction.--
                  (A) In general.--Notwithstanding the plain meaning 
                rule or other rules of statutory construction, a change 
                in wording made in the restatement of existing law 
                enacted by this Act serves to clarify the existing law 
                as indicated in paragraph (1), but not to change the 
                meaning or effect of the existing law.
                  (B) Revision notes.--Subparagraph (A) applies whether 
                or not a change in wording is explained by a revision 
                note appearing in a congressional report accompanying 
                this Act. If such a revision note does appear, a court 
                shall consider the revision note in interpreting the 
                change.

SEC. 3. ENACTMENT OF TITLE 55, UNITED STATES CODE.

  (a) Title 55.--Title 55, United States Code, ``Environment'', is 
enacted as follows:

                         TITLE 55--ENVIRONMENT

Subtitle I--General Provisions
Chap.                                                               Sec.

Definitions.......................................................101101
Environmental Protection Agency...................................103101
National environmental policy.....................................105101
Environmental quality improvement.................................107101
Environmental research, development, and demonstration............109101
Provisions applicable to more than 1 subtitle or other law........111101
through 197. reserved
Miscellaneous.....................................................199101

Subtitle II--Air

    Division A--Clean Air

        Subdivision 1--General Provisions
Definitions.......................................................201101
Administrative and procedural provisions..........................203101
through 207. reserved
Miscellaneous.....................................................209101

        Subdivision 2--Air Pollution Prevention and Control
Air quality and emission limitations..............................211101
Prevention of significant deterioration of air quality............213101
Plan requirements for nonattainment areas.........................215101

        Subdivision 3--Emission Standards for Moving Sources
Motor vehicle emission and fuel standards.........................221101
Aircraft emission standards.......................................223101
Clean fuel vehicles...............................................225101

        Subdivision 4--Noise Pollution
Noise pollution...................................................231101

        Subdivision 5--Acid Deposition Control
Acid deposition control...........................................233101

        Subdivision 6--Permits
Permits...........................................................235101

        Subdivision 7--Stratospheric Ozone Reduction
Stratospheric ozone reduction.....................................237101

    Divisions B to Y--Reserved
through 297. reserved

    Division Z--Miscellaneous
Miscellaneous.....................................................299101

                     Subtitle I--General Provisions

                        Chapter 101--Definitions

Sec.
101101.  Definitions.
101102.  Environmental law.
Sec. 101101. Definitions
  In this title:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
          (2) EPA.--The term ``EPA'' means the Environmental Protection 
        Agency.
Sec. 101102. Environmental law
  The inclusion in this title or exclusion from this title of any 
provision of law has no bearing on whether that provision is a 
provision of environmental law within the meaning of that term as used 
in any provision of law.

              Chapter 103--Environmental Protection Agency

Sec.
103101.  Establishment.
103102.  Administrator.
103103.  Deputy Administrator.
103104.  Assistant Administrators.
103105.  Functions.
103106.  Office of Criminal Investigations.
103107.  Civil investigators.
103108.  National Enforcement Training Institute.
103109.  Availability of certain accounts.
Sec. 103101. Establishment
  There is established the Environmental Protection Agency.
Sec. 103102. Administrator
  (a) In General.--There shall be at the head of EPA the Administrator 
of the Environmental Protection Agency.
  (b) Appointment.--The Administrator shall be appointed by the 
President by and with the advice and consent of the Senate.
Sec. 103103. Deputy Administrator
  (a) In General.--There shall be in EPA a Deputy Administrator of the 
Environmental Protection Agency.
  (b) Appointment.--The Deputy Administrator shall be appointed by the 
President by and with the advice and consent of the Senate.
  (c) Functions.--The Deputy Administrator shall--
          (1) perform such functions as the Administrator shall from 
        time to time assign or delegate; and
          (2) act as Administrator during the absence or disability of 
        the Administrator or in the event of a vacancy in the office of 
        Administrator.
Sec. 103104. Assistant Administrators
  (a) In General.--
          (1) Number of assistant administrators.--Except as provided 
        in subsection (b), there shall be in EPA not to exceed 5 
        Assistant Administrators of the Environmental Protection 
        Agency.
          (2) Appointment.--An Assistant Administrator shall be 
        appointed by the President by and with the advice and consent 
        of the Senate.
          (3) Functions.--An Assistant Administrator shall perform such 
        functions as the Administrator shall from time to time assign 
        or delegate to the Assistant Administrator.
  (b) Additional Assistant Administrators.--
          (1) In general.--The President, by and with the advice and 
        consent of the Senate, may appoint 3 Assistant Administrators 
        of the Environmental Protection Agency in addition to--
                  (A) the 5 Assistant Administrators provided for in 
                subsection (a);
                  (B) the Assistant Administrator provided by section 
                26(g) of the Toxic Substances Control Act (15 U.S.C. 
                2625(g)); and
                  (C) the Assistant Administrator provided by section 
                307(b) of the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 
                6911a).
          (2) Duties.--An Assistant Administrator appointed under 
        paragraph (1) shall perform such duties as the Administrator 
        may prescribe.
Sec. 103105. Functions
  (a) In General.--In addition to any function assigned specifically to 
the Administrator under any other provision of law, the Administrator 
shall perform the following functions:
          (1) The functions that, before December 2, 1970, were vested 
        by law in the Secretary of the Interior and the Department of 
        the Interior and administered by the Gulf Breeze Biological 
        Laboratory of the Bureau of Commercial Fisheries at Gulf 
        Breeze, Florida.
          (2) The function of conducting investigations, studies, 
        surveys, research, and analyses relating to ecological systems.
          (3) The functions that, before December 2, 1970, were vested 
        by law in the Secretary of Agriculture and the Department of 
        Agriculture and were administered through the Environmental 
        Quality Branch of the Plant Protection Division of the 
        Agricultural Research Service.
          (4) Such functions as are incidental to or necessary for the 
        performance by or under the Administrator of the functions 
        described in paragraphs (1) through (3), including authority 
        provided by law to prescribe regulations relating primarily to 
        the functions.
  (b) Performance of Functions.--The Administrator may from time to 
time make such provisions as the Administrator considers appropriate 
authorizing the performance of any of the functions of the 
Administrator by any other officer, or by any organizational entity or 
employee, of EPA.
Sec. 103106. Office of Criminal Investigations
  (a) Head of Office.--The head of the Office of Criminal 
Investigations--
          (1) shall be a position in the competitive service (as 
        defined in section 2102 of title 5) or a career reserved 
        position (as defined in section 3132(a) of that title); and
          (2) shall report directly, without intervening review or 
        approval, to the Assistant Administrator for Enforcement.
  (b) Criminal Investigators.--There shall be assigned to the Office of 
Criminal Investigations not fewer than 200 criminal investigators.
Sec. 103107. Civil investigators
  The Administrator shall assign to assist the Office of Enforcement in 
developing and prosecuting civil and administrative actions and 
carrying out its other functions a number of civil investigators that 
is at least 50 greater than the number of civil investigators so 
assigned on November 16, 1990.
Sec. 103108. National Enforcement Training Institute
  (a) In General.--The Administrator shall establish within the Office 
of Enforcement the National Enforcement Training Institute.
  (b) Function.--It shall be a function of the Institute to train 
Federal, State, and local lawyers, inspectors, civil and criminal 
investigators, and technical experts in the enforcement of the Nation's 
environmental laws.
Sec. 103109. Availability of certain accounts
  (a) Availability.--For each fiscal year--
          (1) the Science and Technology Account and Environmental 
        Programs and Management Account are available for--
                  (A) uniforms, or allowances for uniforms, as 
                authorized by sections 5901 and 5902 of title 5; and
                  (B) services as authorized by section 3109 of title 
                5, but at rates for individuals not to exceed the daily 
                equivalent of the rate paid for level IV of the 
                Executive Schedule; and
          (2) the Science and Technology Account, Environmental 
        Programs and Management Account, Office of Inspector General 
        Account, Hazardous Substance Superfund Account, and Leaking 
        Underground Storage Tank Trust Fund Program Account are 
        available for the construction, alteration, repair, 
        rehabilitation, and renovation of facilities provided that the 
        cost does not exceed $85,000 per project.
  (b) Limitation on Use of Funds for Grants.--None of the funds 
available for grants under the title headed ``ENVIRONMENTAL PROTECTION 
AGENCY'' in the Department of the Interior, Environment, and Related 
Agencies Appropriations Act for any fiscal year may be used to pay for 
the salaries of individual consultants at more than the daily 
equivalent of the rate paid for level IV of the Executive Schedule.

               Chapter 105--National Environmental Policy

Subchapter I--Purposes
Sec.
105101.  Purposes.
Subchapter II--Policies and Goals
105201.  Declaration of national environmental policy.
105202.  Interpretation of policies, regulations, and public laws; 
          actions by Federal agencies.
Subchapter III--Council on Environmental Quality
105301.  Definition of Council.
105302.  Establishment.
105303.  Employment of personnel, experts, and consultants.
105304.  Duties and functions.
105305.  Consultation with Citizens' Advisory Committee on Environmental 
          Quality and other representatives.
105306.  Full-time service; compensation.
105307.  Acceptance of travel reimbursement.
105308.  Expenditures for international activities.
105309.  Authorization of appropriations.

                         Subchapter I--Purposes

Sec. 105101. Purposes
  The purposes of this chapter are--
          (1) to declare a national policy that will encourage 
        productive and enjoyable harmony between man and his 
        environment;
          (2) to promote efforts that will prevent or eliminate damage 
        to the environment and biosphere and stimulate the health and 
        welfare of man;
          (3) to enrich the understanding of the ecological systems and 
        natural resources important to the Nation; and
          (4) to establish a Council on Environmental Quality.

                   Subchapter II--Policies and Goals

Sec. 105201. Declaration of national environmental policy
  (a) In General.--Congress, recognizing the profound impact of man's 
activity on the interrelations of all components of the natural 
environment, particularly the profound influences of population growth, 
high-density urbanization, industrial expansion, resource exploitation, 
and new and expanding technological advances, and recognizing further 
the critical importance of restoring and maintaining environmental 
quality to the overall welfare and development of man, declares that it 
is the continuing policy of the Federal Government, in cooperation with 
State and local governments, and other concerned public and private 
organizations, to use all practicable means and measures, including 
financial and technical assistance, in a manner calculated to foster 
and promote the general welfare, to create and maintain conditions 
under which man and nature can exist in productive harmony, and fulfill 
the social, economic, and other requirements of present and future 
generations of Americans.
  (b) Responsibility of the Federal Government.--To carry out the 
policy set forth in this chapter, it is the continuing responsibility 
of the Federal Government to use all practicable means, consistent with 
other essential considerations of national policy, to improve and 
coordinate Federal plans, functions, programs, and resources to the end 
that the Nation may--
          (1) fulfill the responsibilities of each generation as 
        trustee of the environment for succeeding generations;
          (2) ensure for all Americans safe, healthful, productive, and 
        esthetically and culturally pleasing surroundings;
          (3) attain the widest range of beneficial uses of the 
        environment without degradation, risk to health or safety, or 
        other undesirable and unintended consequences;
          (4) preserve important historic, cultural, and natural 
        aspects of our national heritage, and maintain, wherever 
        possible, an environment that supports diversity and variety of 
        individual choice;
          (5) achieve a balance between population and resource use 
        that will permit high standards of living and a wide sharing of 
        life's amenities; and
          (6) enhance the quality of renewable resources and approach 
        the maximum attainable recycling of depletable resources.
  (c) Healthful Environment; Responsibility of Each Person.--Congress 
recognizes that each person should enjoy a healthful environment and 
that each person has a responsibility to contribute to the preservation 
and enhancement of the environment.
Sec. 105202. Interpretation of policies, regulations, and public laws; 
                    actions by Federal agencies
  (a) In General.--Congress authorizes and directs that, to the fullest 
extent possible--
          (1) the policies, regulations, and public laws of the United 
        States shall be interpreted and administered in accordance with 
        the policies set forth in this chapter; and
          (2) all Federal agencies shall--
                  (A) utilize a systematic, interdisciplinary approach 
                that will ensure the integrated use of the natural and 
                social sciences and the environmental design arts in 
                planning and in decisionmaking that may have an impact 
                on the human environment;
                  (B) identify and develop methods and procedures, in 
                consultation with the Council on Environmental Quality, 
                that will ensure that presently unquantified 
                environmental amenities and values may be given 
                appropriate consideration in decisionmaking along with 
                economic and technical considerations;
                  (C) include in every recommendation or report on 
                proposals for legislation and other major Federal 
                actions significantly affecting the quality of the 
                human environment, a detailed statement by the 
                responsible official on--
                          (i) the environmental impact of the proposed 
                        action;
                          (ii) any adverse environmental effects that 
                        cannot be avoided should the proposal be 
                        implemented;
                          (iii) alternatives to the proposed action;
                          (iv) the relationship between local short-
                        term uses of the environment and the 
                        maintenance and enhancement of long-term 
                        productivity; and
                          (v) any irreversible and irretrievable 
                        commitments of resources that would be involved 
                        in the proposed action should it be 
                        implemented.
                  (D) study, develop, and describe appropriate 
                alternatives to recommended courses of action in any 
                proposal that involves unresolved conflicts concerning 
                alternative uses of available resources;
                  (E) recognize the worldwide and long-range character 
                of environmental problems and, where consistent with 
                the foreign policy of the United States, lend 
                appropriate support to initiatives, resolutions, and 
                programs designed to maximize international cooperation 
                in anticipating and preventing a decline in the quality 
                of mankind's world environment;
                  (F) make available to States, counties, 
                municipalities, institutions, and individuals advice 
                and information useful in restoring, maintaining, and 
                enhancing the quality of the environment;
                  (G) initiate and utilize ecological information in 
                the planning and development of resource-oriented 
                projects; and
                  (H) assist the Council on Environmental Quality.
  (b) Detailed Statements.--
          (1) In General.--Prior to making any detailed statement under 
        subsection (a)(2)(C), the responsible Federal official shall 
        consult with and obtain the comments of any Federal agency that 
        has jurisdiction by law or special expertise with respect to 
        any environmental impact involved.
          (2) Availability.--Copies of the statement and the comments 
        and views of the appropriate Federal, State, and local 
        agencies, which are authorized to develop and enforce 
        environmental standards--
                  (A) shall be made available to the President, the 
                Council on Environmental Quality, and the public as 
                provided by section 552 of title 5; and
                  (B) shall accompany the proposal through the existing 
                agency review processes;
          (3) Detailed statement prepared by state agency or 
        official.--
                  (A) In general.--Any detailed statement required 
                under subsection (a)(2)(C) for any major Federal action 
                funded under a program of grants to States shall not be 
                deemed to be legally insufficient solely by reason of 
                having been prepared by a State agency or official, 
                if--
                          (i) the State agency or official has 
                        statewide jurisdiction and has the 
                        responsibility for the action;
                          (ii) the responsible Federal official 
                        furnishes guidance and participates in the 
                        preparation;
                          (iii) the responsible Federal official 
                        independently evaluates the statement prior to 
                        its approval and adoption; and
                          (iv) the responsible Federal official 
                        provides early notification to, and solicits 
                        the views of, any other State or any Federal 
                        land management entity of any action or any 
                        alternative thereto that may have significant 
                        impacts on the State or affected Federal land 
                        management entity and, if there is any 
                        disagreement on the impacts, prepares a written 
                        assessment of the impacts and views for 
                        incorporation into the detailed statement.
                  (B) Effect of procedures.--The procedures under this 
                paragraph shall not relieve the Federal official of the 
                official's responsibilities for the scope, objectivity, 
                and content of the entire statement or of any other 
                responsibility under this chapter, and this paragraph 
                does not affect the legal sufficiency of statements 
                prepared by State agencies with less than statewide 
                jurisdiction.
  (c) Certain Activities Not a Major Federal Action.--The licensing of 
a launch vehicle or launch site operator (including any amendment, 
extension, or renewal of the license) under chapter 701 of title 49 
shall not be considered a major Federal action for purposes of 
subsection (a)(2)(C) if--
          (1) the Department of the Army has issued a permit for the 
        activity; and
          (2) the Army Corps of Engineers has found that the activity 
        has no significant impact.
  (d) Necessity of Military Low-Level Flight Training To Protect 
National Security and Enhance Military Readiness.--Nothing in this 
chapter (including regulations implementing this chapter) shall require 
the Secretary of Defense or the Secretary of a military department to 
prepare a programmatic nationwide environmental impact statement for 
low-level flight training as a precondition to the use by the Armed 
Forces of an airspace for the performance of low-level training 
flights.
  (e) Accelerated Decisionmaking.--
          (1) In general.--In preparing a final environmental impact 
        statement under this section, if the lead agency modifies the 
        statement in response to comments that are minor and are 
        confined to factual corrections or explanations of why the 
        comments do not warrant additional agency response, the lead 
        agency may write on an errata sheet attached to the statement, 
        instead of rewriting the draft statement, if the errata sheet--
                  (A) cites the sources, authorities, or reasons that 
                support the position of the lead agency; and
                  (B) if appropriate, indicates the circumstances that 
                would trigger a reappraisal or further response by the 
                lead agency.
          (2) Single document.--To the maximum extent practicable, the 
        lead agency shall expeditiously develop a single document that 
        consists of a final environmental impact statement and a record 
        of decision, unless--
                  (A) the final environmental impact statement makes 
                substantial changes to the proposed action that are 
                relevant to environmental or safety concerns; or
                  (B) there are significant new circumstances or 
                information relevant to environmental concerns and that 
                bear on the proposed action or the impacts of the 
                proposed action.
  (f) Effect of Section.--Nothing in this section has any effect on the 
specific statutory obligations of any Federal agency--
          (1) to comply with criteria or standards of environmental 
        quality;
          (2) to coordinate or consult with any other Federal or State 
        agency; or
          (3) to act or refrain from acting contingent on the 
        recommendations or certification of any other Federal or State 
        agency.

            Subchapter III--Council on Environmental Policy

Sec. 105301. Definition of Council
  In this subchapter, the term ``Council'' means the Council on 
Environmental Quality established under section 105302 of this title.
Sec. 105302. Establishment
  (a) In General.--There is created in the Executive Office of the 
President a Council on Environmental Quality.
  (b) Membership.--The Council shall be composed of 3 members who shall 
be appointed by the President to serve at the pleasure of the 
President, by and with the advice and consent of the Senate.
  (c) Chairman.--The President shall designate 1 of the members of the 
Council to serve as Chairman.
  (d) Qualifications.--Each member shall be an individual who, as a 
result of the individual's training, experience, and attainments, is 
exceptionally well qualified to--
          (1) analyze and interpret environmental trends and 
        information of all kinds;
          (2) appraise programs and activities of the Federal 
        Government in light of the policy set forth in subchapter II;
          (3) be conscious of and responsive to the scientific, 
        economic, social, esthetic, and cultural needs and interests of 
        the Nation; and
          (4) formulate and recommend national policies to promote the 
        improvement of the quality of the environment.
Sec. 105303. Employment of personnel, experts, and consultants
  (a) Officers and Employees.--The Council may employ such officers and 
employees as may be necessary to carry out its functions under this 
chapter.
  (b) Experts and Consultants.--The Council may employ and fix the 
compensation of such experts and consultants as may be necessary for 
the carrying out of its functions under this chapter, in accordance 
with section 3109 of title 5 (but without regard to the last sentence 
of subsection (b) of that section).
  (c) Voluntary and Uncompensated Services.--Notwithstanding section 
1342 of title 31, the Council may accept and employ voluntary and 
uncompensated services in furtherance of the purposes of the Council.
Sec. 105304. Duties and functions
  It shall be the duty and function of the Council--
          (1) to--
                  (A) gather timely and authoritative information 
                concerning the conditions and trends in the quality of 
                the environment, both current and prospective;
                  (B) analyze and interpret that information for the 
                purpose of determining whether those conditions and 
                trends are interfering, or are likely to interfere, 
                with the achievement of the policy set forth in 
                subchapter II; and
                  (C) compile and submit to the President studies 
                relating to those conditions and trends;
          (2) to--
                  (A) review and appraise the various programs and 
                activities of the Federal Government in light of the 
                policy set forth in subchapter II for the purpose of 
                determining the extent to which those programs and 
                activities are contributing to the achievement of that 
                policy; and
                  (B) make recommendations to the President with 
                respect thereto;
          (3) to develop and recommend to the President national 
        policies to foster and promote the improvement of environmental 
        quality to meet the conservation, social, economic, health, and 
        other requirements and goals of the Nation;
          (4) to conduct investigations, studies, surveys, research, 
        and analyses relating to environmental quality;
          (5) to--
                  (A) document and define changes in the natural 
                environment, including the plant and animal systems; 
                and
                  (B) accumulate necessary data and other information 
                for a continuing analysis of those changes or trends 
                and an interpretation of their underlying causes;
          (6) to report at least once each year to the President on the 
        state and condition of the environment; and
          (7) to make and furnish such studies, reports thereon, and 
        recommendations with respect to matters of policy and 
        legislation as the President may request.
Sec. 105305. Consultation with Citizens' Advisory Committee on 
                    Environmental Quality and other representatives
  In exercising its powers, functions, and duties under this chapter, 
the Council shall--
          (1) consult with such representatives of science, industry, 
        agriculture, labor, conservation organizations, State and local 
        governments and other groups, as the Council considers 
        advisable; and
          (2) utilize, to the fullest extent possible, the services, 
        facilities, and information (including statistical information) 
        of public and private agencies and organizations, and 
        individuals, in order that duplication of effort and expense 
        may be avoided, thus ensuring that the Council's activities 
        will not unnecessarily overlap or conflict with similar 
        activities authorized by law and performed by established 
        agencies.
Sec. 105306. Full-time service; compensation
  (a) Full-time Service.--A member of the Council shall serve full 
time.
  (b) Compensation.--
          (1) Chairman.--The Chairman of the Council shall be 
        compensated at the rate provided for Level II of the Executive 
        Schedule Pay Rates under section 5313 of title 5.
          (2) Other members.--A member of the Council other than the 
        Chairman shall be compensated at the rate provided for Level IV 
        of the Executive Schedule Pay Rates under section 5315 of title 
        5.
Sec. 105307. Acceptance of travel reimbursement
  The Council may accept reimbursement from any private nonprofit 
organization or from any Federal, State, or local government agency for 
the reasonable travel expenses incurred by an officer or employee of 
the Council in connection with the officer or employee's attendance at 
any conference, seminar, or similar meeting conducted for the benefit 
of the Council.
Sec. 105308. Expenditures for international activities
  The Council may make expenditures in support of its international 
activities, including expenditures for--
          (1) international travel;
          (2) activities in implementation of international agreements; 
        and
          (3) the support of international exchange programs in the 
        United States and in foreign countries.
Sec. 105309. Authorization of appropriations
  There is authorized to be appropriated to carry out this chapter 
$1,000,000 for each fiscal year.

             Chapter 107--Environmental Quality Improvement

Sec.
107101.  Definitions.
107102.  Findings, declarations, and purposes.
107103.  Office of Environmental Quality.
107104.  Office of Environmental Quality Management Fund.
Sec. 107101. Definitions
  In this chapter:
          (1) Director.--The term ``Director'' means the Director of 
        the Office.
          (2) Fund.--The term ``Office of Environmental Quality 
        Management Fund'' means the Office of Environmental Quality 
        Management Fund established under section 107104 of this title.
          (3) Office.--The term ``Office'' means the Office of 
        Environmental Quality established under section 107103 of this 
        title.
Sec. 107102. Findings, declarations, and purposes
  (a) Findings.--Congress finds that--
          (1) man has caused changes in the environment;
          (2) many of those changes may affect the relationship between 
        man and his environment; and
          (3) population increases and urban concentration contribute 
        directly to pollution and the degradation of our environment.
  (b) Declarations.--
          (1) National policy.--Congress declares that there is a 
        national policy for the environment that provides for the 
        enhancement of environmental quality. That policy is evidenced 
        by statutes enacted relating to the prevention, abatement, and 
        control of environmental pollution, water and land resources, 
        transportation, and economic and regional development.
          (2) Responsibility for implementation.--The primary 
        responsibility for implementing that policy rests with State 
        and local government.
          (3) Regional organizations.--The Federal Government 
        encourages and supports implementation of that policy through 
        appropriate regional organizations established under law.
  (c) Purposes.--The purposes of this chapter are--
          (1) to ensure that each Federal agency conducting or 
        supporting public works activities that affect the environment 
        shall implement the policies established under law; and
          (2) to authorize an Office of Environmental Quality, which, 
        notwithstanding any other provision of law, shall provide the 
        professional and administrative staff for the Council on 
        Environmental Quality.
Sec. 107103. Office of Environmental Quality
  (a) Establishment; Director; Deputy Director.--
          (1) Establishment.--There is established in the Executive 
        Office of the President the Office of Environmental Quality.
          (2) Director.--The Chairman of the Council on Environmental 
        Quality shall be the Director of the Office.
          (3) Deputy director.--There shall be in the Office a Deputy 
        Director who shall be appointed by the President, by and with 
        the advice and consent of the Senate.
  (b) Compensation of Deputy Director.--The compensation of the Deputy 
Director shall be fixed by the President at a rate not in excess of the 
annual rate of compensation payable to the Deputy Director of the 
Office of Management and Budget.
  (c) Employment of Officers, Employees, Experts, and Consultants; 
Compensation.--The Director may employ such officers and employees 
(including experts and consultants) as may be necessary to enable the 
Office to carry out its functions under this chapter and chapter 105, 
except that the Director may employ not more than 10 specialists and 
other experts without regard to the provisions of title 5 governing 
appointments in the competitive service and pay such specialists and 
experts without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of that title relating to classification and General 
Schedule pay rates, but no such specialist or expert shall be paid at a 
rate in excess of the maximum rate payable under section 5376 of title 
5.
  (d) Duties and Functions of Director.--In carrying out the Director's 
functions, the Director shall assist and advise the President on 
policies and programs of the Federal Government affecting environmental 
quality by--
          (1) providing the professional and administrative staff and 
        support for the Council on Environmental Quality;
          (2) assisting Federal agencies in appraising the 
        effectiveness of existing and proposed facilities, programs, 
        policies, and activities of the Federal Government, and 
        specific major projects designated by the President that do not 
        require individual project authorization by Congress, that 
        affect environmental quality;
          (3) reviewing the adequacy of existing systems for monitoring 
        and predicting environmental changes in order to achieve 
        effective coverage and efficient use of research facilities and 
        other resources;
          (4) promoting the advancement of scientific knowledge of the 
        effects of actions and technology on the environment and 
        encouraging the development of the means to prevent or reduce 
        adverse effects that endanger the health and well-being of man;
          (5) assisting in coordinating among Federal agencies programs 
        and activities that affect, protect, and improve environmental 
        quality;
          (6) assisting Federal agencies in the development and 
        interrelationship of environmental quality criteria and 
        standards established through the Federal Government; and
          (7) collecting, collating, analyzing, and interpreting data 
        and information on environmental quality, ecological research, 
        and evaluation.
  (e) Authority of Director to Contract.--The Director may contract 
with public or private agencies, institutions, and organizations and 
with individuals without regard to subsections (a) and (b) of section 
3324 of title 31 or section 6101 of title 5 in carrying out the 
Director's functions.
Sec. 107104. Office of Environmental Quality Management Fund
  (a) Establishment; Financing of Study Contracts and Federal 
Interagency Environmental Projects.--There is established an Office of 
Environmental Quality Management Fund to receive advance payments from 
other agencies or accounts that may be used solely to finance--
          (1) study contracts that are jointly sponsored by the Office 
        and 1 or more other Federal agencies; and
          (2) Federal interagency environmental projects (including 
        task forces) in which the Office participates.
  (b) Study Contract or Project Initiative.--Any study contract or 
project that is to be financed under subsection (a) may be initiated 
only with the approval of the Director.
  (c) Regulations.--The Director shall promulgate regulations setting 
forth policies and procedures for operation of the Fund.

  Chapter 109--Environmental Research, Development, and Demonstration

Subchapter I--Provisions Enacted by the Environmental Research, 
          Development, and Demonstration Authorization Act of 1978
Sec.
109101.  Expenditure of funds for research and development related to 
          regulatory program activities.
109102.  Science Advisory Board.
109103.  Identification and coordination of research, development, and 
          demonstration activities.
109104.  Reporting of financial interests of EPA officers and employees.
Subchapter II--Provisions Enacted by the Environmental Research, 
          Development, and Demonstration Authorization Act of 1979
109201.  Grants to qualified citizens groups.
109202.  Miscellaneous reports.
109203.  Staff management.
Subchapter III--Provisions Enacted by the Environmental Research, 
          Development, and Demonstration Authorization Act of 1980
109301.  Energy-related pollution control technologies and environmental 
          protection projects.
109302.  Information about environmental research and development 
          activities.
109303.  Reimbursement for use of facilities.
Subchapter IV--Provision Enacted by the Environmental Research, 
          Development, and Demonstration Authorization Act of 1981
109401.  Continuing and long-term environmental research and 
          development.

    Subchapter I--Provisions Enacted by the Environmental Research, 
        Development, and Demonstration Authorization Act of 1978

Sec. 109101. Expenditure of funds for research and development related 
                    to regulatory program activities
  (a) Definition of Program Office.--In this section, the term 
``program office'' means--
          (1) the Office of Air and Waste Management, for air quality 
        activities;
          (2) the Office of Water and Hazardous Materials, for water 
        quality activities and water supply activities;
          (3) the Office of Pesticides, for environmental effects of 
        pesticides;
          (4) the Office of Solid Waste, for solid waste activities;
          (5) the Office of Toxic Substances, for toxic substance 
        activities;
          (6) the Office of Radiation Programs, for radiation 
        activities; and
          (7) the Office of Noise Abatement and Control, for noise 
        activities.
  (b) Requirement.--The Administrator shall ensure that the expenditure 
of any funds appropriated under this subchapter or any other provision 
of law for environmental research and development related to regulatory 
program activities shall be coordinated with, and reflect the research 
needs and priorities of, the program offices and the overall research 
needs and priorities of EPA.
Sec. 109102. Science Advisory Board
  (a) Establishment.--The Administrator shall establish a Science 
Advisory Board, which shall provide such scientific advice as may be 
requested by the Administrator, the Committee on Environment and Public 
Works of the Senate, or the Committee on Science and Technology, 
Committee on Energy and Commerce, or Committee on Transportation and 
Infrastructure of the House of Representatives.
  (b) Membership; Chairman; Meetings; Qualifications of Members.--The 
Board shall be composed of at least 9 members, 1 of whom shall be 
designated Chairman, and shall meet at such times and places as may be 
designated by the Chairman of the Board in consultation with the 
Administrator. Each member of the Board shall be qualified by 
education, training, and experience to evaluate scientific and 
technical information on matters referred to the Board under this 
section.
  (c) Proposed Environmental Criteria Document, Standard, Limitation, 
or Regulation.--
          (1) Availability to board.--The Administrator, at the time 
        any proposed criteria document, standard, limitation, or 
        regulation under division A of subtitle II, the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.), the Solid Waste 
        Disposal Act (42 U.S.C. 6901 et seq.), the Noise Control Act of 
        1972 (42 U.S.C. 4901 et seq.), the Toxic Substances Control Act 
        (15 U.S.C. 2601 et seq.), or the Safe Drinking Water Act (42 
        U.S.C. 300f et seq.), or under any other authority of the 
        Administrator, is provided to any other Federal agency for 
        formal review and comment, shall make available to the Board--
                  (A) the proposed criteria document, standard, 
                limitation, or regulation; and
                  (B) relevant scientific and technical information in 
                the possession of EPA on which the proposed action is 
                based.
          (2) Advice and comments.--The Board may make available to the 
        Administrator, within the time specified by the Administrator, 
        its advice and comments on the adequacy of the scientific and 
        technical basis of the proposed criteria document, standard, 
        limitation, or regulation, together with any pertinent 
        information in the Board's possession.
  (d) Use of Technical and Scientific Capabilities.--In preparing its 
advice and comments, the Board shall avail itself of the technical and 
scientific capabilities of any Federal agency, including EPA and any 
national environmental laboratories.
  (e) Committees.--
          (1) Member committees.--
                  (A) In general.--The Board may establish such member 
                committees and investigative panels as the 
                Administrator and the Board determine to be necessary 
                to carry out this section.
                  (B) Chairmanship.--Each member committee or 
                investigative panel established under this subsection 
                shall be chaired by a member of the Board.
          (2) Agriculture-related committees.--
                  (A) In general.--The Administrator and the Board--
                          (i) shall establish a standing agriculture-
                        related committee; and
                          (ii) may establish such additional 
                        agriculture-related committees and 
                        investigative panels as the Administrator and 
                        the Board determine to be necessary to carry 
                        out the duties under subparagraph (C).
                  (B) Membership.--The standing committee and each 
                agriculture-related committee or investigative panel 
                established under subparagraph (A) shall be--
                          (i) composed of--
                                  (I) such number of members as the 
                                Administrator and the Board determine 
                                to be necessary; and
                                  (II) individuals who are not members 
                                of the Board on the date of appointment 
                                to the committee or investigative 
                                panel; and
                          (ii) appointed by the Administrator and the 
                        Board, in consultation with the Secretary of 
                        Agriculture.
                  (C) Duties.--The agriculture-related standing 
                committee and each additional committee and 
                investigative panel established under subparagraph (A) 
                shall provide scientific and technical advice to the 
                Board relating to matters referred to the Board that 
                the Administrator and the Board determine, in 
                consultation with the Secretary of Agriculture, to have 
                a significant direct impact on enterprises that are 
                engaged in the business of production of food and 
                fiber, ranching and raising livestock, aquaculture, or 
                any other farming- or agriculture-related industry.
  (f) Appointment and Compensation of Secretary and Other Personnel; 
Compensation of Members.--
          (1) Appointment and compensation of secretary and other 
        personnel.--On the recommendation of the Board, the 
        Administrator shall appoint a secretary and such other 
        employees as are necessary to exercise and fulfill the Board's 
        powers and responsibilities. The compensation of all employees 
        appointed under this paragraph shall be fixed in accordance 
        with chapter 51 and subchapter III of chapter 53 of title 5.
          (2) Compensation of members.--Members of the Board may be 
        compensated at a rate to be fixed by the President but not in 
        excess of the maximum rate payable under section 5376 of title 
        5.
  (g) Consultation and Coordination With Scientific Advisory Panel.--In 
carrying out the functions assigned by this section, the Board shall 
consult and coordinate its activities with the Scientific Advisory 
Panel established by the Administrator under section 25(d) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(d)).
  (h) Public Participation and Transparency.--The Board shall make 
every effort, consistent with applicable law, including section 552 of 
title 5 (commonly known as the ``Freedom of Information Act'') and 
section 552a of title 5 (commonly known as the ``Privacy Act''), to 
maximize public participation and transparency, including making the 
scientific and technical advice of the Board and any committees or 
investigative panels of the Board publically available in electronic 
form on the EPA website.
  (i) Report to Congress.--The Administrator shall annually report to 
the Committee on Environment and Public Works and Committee on 
Agriculture, Nutrition and Forestry of the Senate and the Committee on 
Transportation and Infrastructure, Committee on Energy and Commerce, 
and Committee on Agriculture of the House of Representatives regarding 
the membership and activities of the standing agriculture-related 
committee established under subsection (e)(2)(A)(i).
Sec. 109103. Identification and coordination of research, development, 
                    and demonstration activities
  (a) Consultation and Cooperation of Administrator with Federal Agency 
Heads.--
          (1) In general.--The Administrator, in consultation and 
        cooperation with the heads of other Federal agencies, shall 
        take such actions on a continuing basis as may be necessary or 
        appropriate--
                  (A) to identify environmental research, development, 
                and demonstration activities, within and outside the 
                Federal Government, that may need to be more 
                effectively coordinated to minimize unnecessary 
                duplication of programs, projects, and research 
                facilities;
                  (B) to determine the steps that might be taken under 
                existing law, by the Administrator and by the heads of 
                other Federal agencies, to accomplish or promote such 
                coordination, and to provide for or encourage the 
                taking of such steps; and
                  (C) to determine the additional legislative actions 
                that would be needed to ensure such coordination to the 
                maximum extent possible.
          (2) Reports.--The Administrator may submit to Congress 
        reports on actions and determinations under paragraph (1) at 
        such times as the Administrator considers appropriate.
  (b) Coordination of Programs.--The Administrator shall coordinate EPA 
environmental research, development, and demonstration programs with 
the heads of other Federal agencies in order to minimize unnecessary 
duplication of programs, projects, and research facilities.
Sec. 109104. Reporting of financial interests of EPA officers and 
                    employees
  (a) In General.--An officer or employee of EPA who--
          (1) performs any function or duty under this chapter; and
          (2) has any known financial interest in any person that 
        applies for or receives a grant, contract, or other form of 
        financial assistance under this chapter;
shall annually file with the Administrator a written statement 
concerning all such interests held by the officer or employee during 
the preceding calendar year.
  (b) Public Availability.--A statement under subsection (a) shall be 
available to the public.
  (c) Implementation of Requirements.--The Administrator shall--
          (1) define the term ``known financial interest'' for purposes 
        of subsection (a); and
          (2) establish the methods by which the requirement to file 
        written statements specified in subsection (a) will be 
        monitored and enforced, including appropriate provision for the 
        filing by officers and employees of statements under subsection 
        (a) and the review by the Administrator of the statements.
  (d) Exemption of Positions by Administrator.--In the regulations 
prescribed under subsection (c), the Administrator may identify 
specific positions of a nonpolicymaking nature within EPA and provide 
that officers or employees occupying those positions shall be exempt 
from the requirements of this section.
  (e) Criminal Penalties.--Criminal penalties for a violation of this 
section are provided under section 731 of title 18.

   Subchapter II--Provisions Enacted by the Environmental Research, 
        Development, and Demonstration Authorization Act of 1979

Sec. 109201. Grants to qualified citizens groups
  (a) Definition of Qualified Citizens Group.--In this section, the 
term ``qualified citizens group'' means a nonprofit organization of 
citizens that--
          (1) has an area-based focus;
          (2) is not single-issue oriented; and
          (3) demonstrates a prior record of interest and involvement 
        in goal-setting and research concerned with improving the 
        quality of life, including plans to identify, protect, and 
        enhance significant natural and cultural resources and the 
        environment.
  (b) Grants.--The Administrator may make a grant to a qualified 
citizens group in a State or region for the purpose of supporting and 
encouraging participation by the qualified citizens group in--
          (1) determining how scientific, technological, and social 
        trends and changes affect the future environment and quality of 
        life of an area; and
          (2) setting goals and identifying measures for improvement.
  (c) Eligibility.--A qualified citizens group shall be eligible for 
assistance under this section only if the qualified citizens group is 
certified by the Governor in consultation with the State legislature as 
a bona fide organization entitled to receive Federal assistance to 
pursue the aims of the program under this section. The qualified 
citizens group shall further demonstrate its capacity to employ 
usefully the funds for the purposes of the program and its broad-based 
representative nature.
  (d) Amount.--A grant made under this section shall not exceed 75 
percent of the estimated cost of the project or program for which the 
grant is made, and no qualified citizens group shall receive more than 
$50,000 in any 1 year.
  (e) Annual Renewal.--After an initial application of a qualified 
citizens group for assistance under this section has been approved, the 
Administrator may make grants to the qualified citizens group on an 
annual basis, on condition that the Governor recertify the qualified 
citizens group and that the applicant submit to the Administrator 
annually--
          (1) an evaluation of the progress made during the previous 
        year in meeting the objectives for which the grant was made;
          (2) a description of any changes in the objectives of the 
        activities; and
          (3) a description of the proposed activities for the 
        succeeding one-year period.
  (f) No Lobbying or Litigation.--No financial assistance provided 
under this section shall be used to support lobbying or litigation by 
any recipient qualified citizens group.
  (g) Authorization of Appropriations.--There is authorized to be 
appropriated to EPA for grants to qualified citizens groups in States 
and regions $3,000,000.
Sec. 109202. Miscellaneous reports
  (a) Availability to Congressional Committees.--All reports to or by 
the Administrator relevant to EPA's program of research, development, 
and demonstration shall promptly be made available to the Committee on 
Science and Technology of the House of Representatives and the 
Committee on Environment and Public Works of the Senate, unless 
otherwise prohibited by law.
  (b) Information With Respect to Matters Falling Within or Related to 
Committee Jurisdiction.--The Administrator shall keep the Committee on 
Science and Technology of the House of Representatives and the 
Committee on Environment and Public Works of the Senate fully and 
currently informed with respect to matters falling within or related to 
the jurisdiction of the committees.
  (c) Availability of Research Information to the Department of 
Energy.--For the purpose of assisting the Department of Energy in 
planning and assigning priorities in research, development, and 
demonstration activities related to environmental control technologies, 
the Administrator shall actively make available to the Department all 
information on research activities and results of research programs of 
EPA.
Sec. 109203. Staff management
  (a) Appointments for Educational Programs.--
          (1) In general.--The Administrator may select and appoint up 
        to 75 full-time permanent staff members in the Office of 
        Research and Development to pursue full-time educational 
        programs for the purpose of--
                  (A) securing an advanced degree; or
                  (B) securing academic training;
        for the purpose of making a career change in order to better 
        carry out EPA's research mission.
          (2) Rules and criteria.--The Administrator shall select and 
        appoint staff members for assignments under paragraph (1) 
        according to rules and criteria promulgated by the 
        Administrator.
          (3) Pay.--The Administrator may continue to pay the salary 
        and benefits of the appointees under paragraph (1) and 
        reasonable and appropriate relocation expenses and tuition.
          (4) Term.--The term of each appointment under paragraph (1) 
        shall be for up to 1 year, with a single renewal of up to 1 
        year in appropriate cases at the discretion of the 
        Administrator.
          (5) Personnel ceiling.--Staff members appointed under 
        paragraph (1) shall not count against any EPA personnel ceiling 
        during the term of their appointment.
  (b) Post-Doctoral Research Fellows.--
          (1) In general.--The Administrator may appoint up to 25 post-
        doctoral research fellows in accordance with section 
        213.3102(aa) of title 5, Code of Federal Regulations.
          (2) Personnel ceiling.--Post-doctoral research fellows 
        appointed under paragraph (1) shall not count against any EPA 
        personnel ceiling.
  (c) Non-Government Research Associates.--
          (1) In general.--The Administrator may, and is encouraged to, 
        utilize research associates from outside the Federal Government 
        in conducting the research, development, and demonstration 
        programs of EPA.
          (2) Selection; rules and criteria.--Research associates 
        described in paragraph (1) shall be selected and shall serve 
        according to rules and criteria promulgated by the 
        Administrator.
  (d) Women and Minority Groups.--For all programs under this section, 
the Administrator shall place special emphasis on providing 
opportunities for education and training of women and minority groups.

   Subchapter III--Provisions Enacted by the Environmental Research, 
        Development, and Demonstration Authorization Act of 1980

Sec. 109301. Energy-related pollution control technologies and 
                    environmental protection projects
  (a) Energy-Related Pollution Control Technologies.--The Administrator 
shall continue to be responsible for conducting and shall continue to 
conduct full-scale demonstrations of energy-related pollution control 
technologies as necessary in the Administrator's judgment to fulfill--
          (1) division A of subtitle II;
          (2) the Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.); and
          (3) other pertinent pollution control statutes.
  (b) Energy-Related Environmental Protection Projects.--Energy-related 
environmental protection projects authorized to be administered by the 
Administrator under the Environmental Research, Development, and 
Demonstration Authorization Act of 1980 (94 Stat. 325) shall not be 
transferred administratively to the Department of Energy or reduced 
through budget amendment. No action shall be taken through 
administrative or budgetary means to diminish the ability of the 
Administrator to initiate such projects.
Sec. 109302. Information about environmental research and development 
                    activities
  The Administrator shall keep the appropriate committees of Congress 
fully and currently informed about all aspects of the environmental 
research and development activities of EPA.
Sec. 109303. Reimbursement for use of facilities
  (a) In General.--The Administrator may allow appropriate use of 
special EPA research and test facilities by outside groups or 
individuals and receive reimbursement or fees for costs incurred in 
connection with such use when the Administrator finds it to be in the 
public interest. Such reimbursement or fees shall be used by the 
Administrator to defray the costs of use by outside groups or 
individuals.
  (b) Regulations.--The Administrator may promulgate regulations to 
cover the use of EPA facilities under subsection (a) in accordance with 
generally accepted accounting, safety, and laboratory practices.
  (c) Waiver of Reimbursement.--When the Administrator finds it is in 
the public interest, the Administrator may waive reimbursement or fees 
for outside use of EPA facilities by nonprofit private or public 
entities.

    Subchapter IV--Provision Enacted by the Environmental Research, 
        Development, and Demonstration Authorization Act of 1981

Sec. 109401. Continuing and long-term environmental research and 
                    development
  (a) In General.--The Administrator shall establish a separately 
identified program of continuing, long-term environmental research and 
development for--
          (1) air quality activities under division A of subtitle II;
          (2) water quality activities under the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.);
          (3) water supply activities under the Safe Drinking Water Act 
        (42 U.S.C. 300f et seq.);
          (4) solid waste activities under the Solid Waste Disposal Act 
        (42 U.S.C. 6901 et seq.);
          (5) pesticide activities under the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.);
          (6) radiation activities under the Public Health Service Act 
        (42 U.S.C. 201 et seq.);
          (7) interdisciplinary activities in the Health and Ecological 
        Effects program and the Monitoring and Technical Support 
        program;
          (8) toxic substance activities under the Toxic Substances 
        Control Act (15 U.S.C. 2601 et seq.); and
          (9) energy activities in the Health and Ecological Effects 
        program and the Energy Control program.
  (b) Use of Appropriated Funds.--Unless otherwise specified by law, at 
least 15 percent of funds appropriated to the Administrator for 
environmental research and development for each activity listed in 
subsection (a) shall be obligated and expended for long-term 
environmental research and development under subsection (a).

Chapter 111--Provisions Applicable to More Than 1 Subtitle or Other Law

Sec.
111101.  Oklahoma Indian country.
Sec. 111101. Oklahoma Indian country
  (a) Administration of State Programs by the State.--Notwithstanding 
any other provision of law, if the Administrator determines that a 
regulatory program submitted by the State of Oklahoma for approval by 
the Administrator under a law administered by the Administrator meets 
applicable requirements of the law, and the Administrator approves the 
State to administer the State program under the law with respect to 
areas in the State that are not Indian country, on request of the 
State, the Administrator shall approve the State to administer the 
State program in the areas of the State that are in Indian country, 
without any further demonstration of authority by the State.
  (b) Treatment as State.--Notwithstanding any other provision of law, 
the Administrator may treat an Indian tribe in the State of Oklahoma as 
a State under a law administered by the Administrator only if--
          (1) the Indian tribe meets requirements under the law to be 
        treated as a State; and
          (2) the Indian tribe and the agency of the State of Oklahoma 
        with federally delegated program authority enter into a 
        cooperative agreement, subject to review and approval of the 
        Administrator after notice and opportunity for public hearing, 
        under which the Indian tribe and that State agency agree to 
        treatment of the Indian tribe as a State and to jointly plan 
        and administer program requirements.

                   Chapters 113 through 197--Reserved

                       Chapter 199--Miscellaneous

Sec.
199101.  Interagency cooperation on prevention of environmental cancer 
          and heart and lung disease.
199102.  Utilization of talents of older Americans in projects of 
          pollution prevention, abatement, and control.
199103.  Indian environmental general assistance program.
199104.  EPA fees.
199105.  Availability of fees and charges deposited in the Licensing and 
          Other Services Fund to carry out EPA programs.
199106.  Percentage of Federal funding for organizations owned by 
          socially and economically disadvantaged individuals.
199107.  Working capital fund.
199108.  Availability of funds after expiration of period for 
          liquidating obligations.
Sec. 199101. Interagency cooperation on prevention of environmental 
                    cancer and heart and lung disease
  (a) Task Force.--There shall be established a Task Force on 
Environmental Cancer and Heart and Lung Disease (referred to in this 
section as the ``Task Force'').
  (b) Membership; Chair.--The Task Force--
          (1) shall include--
                  (A) representatives of EPA, the National Cancer 
                Institute, the National Heart, Lung, and Blood 
                Institute, the National Institute of Occupational 
                Safety and Health, and the National Institute on 
                Environmental Health Sciences; and
                  (B) the Director of the National Center for Health 
                Statistics and the head of the Centers for Disease 
                Control and Prevention (or the successor to that 
                entity); and
          (2) shall be chaired by the Administrator.
  (c) Duties.--The Task Force shall--
          (1) recommend a comprehensive research program to determine 
        and quantify the relationship between environmental pollution 
        and human cancer and heart and lung disease;
          (2) recommend comprehensive strategies to reduce or eliminate 
        the risks of cancer or heart and lung disease associated with 
        environmental pollution;
          (3) recommend research and such other measures as may be 
        appropriate to prevent or reduce the incidence of 
        environmentally related cancer and heart and lung diseases; and
          (4) coordinate research by, and stimulate cooperation 
        between, EPA, the Department of Health and Human Services, and 
        such other agencies as may be appropriate to prevent 
        environmentally related cancer and heart and lung diseases.
Sec. 199102. Utilization of talents of older Americans in projects of 
                    pollution prevention, abatement, and control
  (a) Technical Assistance to Environmental Agencies.--Notwithstanding 
any other provision of law relating to Federal grants and cooperative 
agreements, the Administrator may make a grant to, or enter into a 
cooperative agreement with, a private nonprofit organization designated 
by the Secretary of Labor under title V of the Older Americans Act of 
1965 (42 U.S.C. 3056 et seq.) to utilize the talents of older Americans 
in programs authorized by other provisions of law administered by the 
Administrator (and consistent with those provisions of law) in 
providing technical assistance to Federal, State, and local 
environmental agencies for projects of pollution prevention, abatement, 
and control.
  (b) Pre-Award Certifications.--Prior to awarding any grant or 
agreement under subsection (a), the Federal, State, or local 
environmental agency shall certify to the Administrator that the grant 
or agreement will not--
          (1) result in the displacement of individuals currently 
        employed by the environmental agency concerned (including 
        partial displacement through reduction of nonovertime hours, 
        wages, or employment benefits);
          (2) result in the employment of any individual when any other 
        person is in a layoff status from the same or substantially 
        equivalent job within the jurisdiction of the environmental 
        agency concerned; or
          (3) affect existing contracts for services.
  (c) Funding.--
          (1) In general.--Funding for grants or agreements under this 
        section may be made available from programs described in 
        subsection (a) or through title V of the Older Americans Act of 
        1965 (42 U.S.C. 3056 et seq.) and subtitle D of title I of the 
        Workforce Innovation and Opportunity Act (29 U.S.C. 3221 et 
        seq.).
          (2) Prior appropriation acts.--Grants or agreements awarded 
        under this section shall be subject to prior appropriation 
        Acts.
Sec. 199103. Indian environmental general assistance program
  (a) Purposes.--The purposes of this section are to--
          (1) provide general assistance grants to Indian tribal 
        governments and intertribal consortia to build capacity to 
        administer environmental regulatory programs that may be 
        delegated by the Administrator on Indian land; and
          (2) provide technical assistance from the Administrator to 
        Indian tribal governments and intertribal consortia in the 
        development of multimedia programs to address environmental 
        issues on Indian land.
(b) Definitions.--In this section:
          (1) Indian tribal government.--The term ``Indian tribal 
        government'' means any Indian tribe, band, nation, or other 
        organized group or community, including any Alaska Native 
        village or regional or village corporation (as defined in, or 
        established pursuant to, the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible 
        for the special services provided by the United States to 
        Indians because of their status as Indians.
          (2) Intertribal consortium.--The term ``intertribal 
        consortium'' means a partnership between 2 or more Indian 
        tribal governments authorized by the governing bodies of those 
        Indian tribes to apply for and receive assistance pursuant to 
        this section.
  (c) General Assistance Program.--
          (1) In general.--The Administrator shall establish an Indian 
        environmental general assistance program that provides grants 
        to eligible Indian tribal governments or intertribal consortia 
        to cover the costs of planning, developing, and establishing 
        environmental protection programs consistent with other 
        applicable provisions of law providing for enforcement of such 
        laws by Indian tribes on Indian land.
          (2) Grant amount.--Each grant awarded for general assistance 
        under this subsection for a fiscal year shall be not less than 
        $75,000, and no single grant may be awarded to an Indian tribal 
        government or intertribal consortium for more than 10 percent 
        of the funds appropriated to carry out this section.
          (3) Grant term.--The term of any general assistance award 
        made under this subsection may exceed 1 year. Any award made 
        pursuant to this section shall remain available until expended. 
        An Indian tribal government or intertribal consortium may 
        receive a general assistance grant for a period of up to 4 
        years in each specific media area.
  (d) No Reduction in Amounts.--In no case shall the award of a general 
assistance grant to an Indian tribal government or intertribal 
consortium under this section result in a reduction of EPA grants for 
environmental programs to that tribal government or consortium. Nothing 
in this section shall preclude an Indian tribal government or 
intertribal consortium from receiving individual media grants or 
cooperative agreements. Funds provided by the Administrator through the 
general assistance program shall be used by an Indian tribal government 
or intertribal consortium to supplement other funds provided by the 
Administrator through individual media grants or cooperative 
agreements.
  (e) Expenditure of General Assistance.--Any general assistance under 
this section shall be expended for the purpose of planning, developing, 
and establishing the capability to implement programs administered by 
the Administrator and specified in the assistance agreement. Purposes 
and programs authorized under this section shall include the 
development and implementation of solid and hazardous waste programs 
for Indian land. An Indian tribal government or intertribal consortium 
receiving general assistance pursuant to this section shall utilize the 
funds for programs and purposes to be carried out in accordance with 
the terms of the assistance agreement. The programs and general 
assistance shall be carried out in accordance with the purposes and 
requirements of applicable provisions of law (including the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.)).
  (f) Procedures.--
          (1) Regulations.--The Administrator shall promulgate 
        regulations establishing procedures under which an Indian 
        tribal government or intertribal consortium may apply for 
        general assistance grants under this section.
          (2) Accounting, auditing, evaluating, and reviewing.--The 
        Administrator shall establish procedures for accounting, 
        auditing, evaluating, and reviewing any programs or activities 
        funded in whole or in part by a general assistance grant under 
        this section.
  (g) Reports to Congress.--The Administrator shall submit an annual 
report to the appropriate Committees of Congress with jurisdiction over 
the applicable environmental laws and Indian tribes describing which 
Indian tribes or intertribal consortia have been granted approval by 
the Administrator pursuant to law to enforce certain environmental laws 
and the effectiveness of any such enforcement.
Sec. 199104. EPA fees
  (a) Assessment and Collection.--The Administrator shall by regulation 
assess and collect fees and charges for services and activities carried 
out pursuant to laws administered by the Administrator.
  (b) Limitation on Fees and Charges.--
          (1) Certain programs.--The maximum aggregate amount of fees 
        and charges in excess of the amounts being collected under law 
        in effect as of November 5, 1980, that may be assessed and 
        collected pursuant to this section in a fiscal year--
                  (A) for services and activities carried out pursuant 
                to the Federal Water Pollution Control Act (33 U.S.C. 
                1251 et seq.) is $10,000,000; and
                  (B) for services and activities in programs within 
                the jurisdiction of the Committee on Energy and 
                Commerce of the House of Representatives and 
                administered by the Administrator shall be limited to--
                          (i) such sums collected as of November 5, 
                        1990, pursuant to sections 26(b) and 305(d)(2) 
                        of the Toxic Substances Control Act (15 U.S.C. 
                        2625(b), 2665(d)(2)); and
                          (ii) such sums specifically authorized by 
                        Public Law 101-549 (commonly known as the Clean 
                        Air Act Amendments of 1990).
          (2) Other programs.--Any remaining amounts required to be 
        collected under this section shall be collected from services 
        and programs administered by the Administrator other than those 
        specified in subparagraphs (A) and (B) of paragraph (1).
  (c) Rule of Construction.--Nothing in this section increases or 
diminishes the authority of the Administrator to promulgate regulations 
pursuant to section 9701 of title 31.
  (d) Uses of Fees.--Fees and charges collected pursuant to this 
section shall be deposited in the Treasury in a special account for 
environmental services. Subject to appropriation Acts, such funds shall 
be available to the Administrator to carry out the activities for which 
the fees and charges are collected. Such funds shall remain available 
until expended.
Sec. 199105. Availability of fees and charges deposited in the 
                    Licensing and Other Services Fund to carry out EPA 
                    programs
  Amounts deposited in the Licensing and Other Services Fund from fees 
and charges assessed and collected by the Administrator for services 
and activities carried out pursuant to the statutes administered by the 
Administrator shall be available to carry out EPA's activities in the 
programs for which the fees or charges are made.
Sec. 199106. Percentage of Federal funding for organizations owned by 
                    socially and economically disadvantaged individuals
  (a) In General.--The Administrator shall, to the fullest extent 
possible, ensure that at least 8 percent of Federal funding for prime 
and subcontracts awarded in support of authorized programs, including 
grants, loans, and contracts for wastewater treatment and leaking 
underground storage tanks grants, be made available to business 
concerns or other organizations owned or controlled by socially and 
economically disadvantaged individuals (within the meaning of 
paragraphs (5) and (6) of section 8(a) of the Small Business Act (15 
U.S.C. 637(a))), including historically black colleges and 
universities.
  (b) Women.--For purposes of this section, economically and socially 
disadvantaged individuals shall be deemed to include women.
Sec. 199107. Working capital fund
  (a) Establishment.--There is established in the Treasury a working 
capital fund, to be available without fiscal year limitation for 
expenses and equipment necessary for the maintenance and operation of 
such administrative services as the Administrator determines may be 
performed more advantageously as central services.
  (b) Use of Assets To Capitalize Fund.--Any inventories, equipment, 
and other assets pertaining to the services to be provided by the 
working capital fund, either on hand or on order, less the related 
liabilities or unpaid obligations, and any appropriations made for the 
purpose of providing capital, shall be used to capitalize the working 
capital fund.
  (c) Payment or Reimbursement.--The working capital fund shall be paid 
in advance or reimbursed from funds available to EPA and other Federal 
agencies for which such centralized services are performed, at rates 
that will return in full all expenses of operation, including--
          (1) accrued leave;
          (2) depreciation of fund plant and equipment;
          (3) amortization of automated data processing software and 
        systems (either acquired or donated); and
          (4) an amount necessary to maintain a reasonable operating 
        reserve, as determined by the Administrator.
  (d) Competition.--The working capital fund shall provide services on 
a competitive basis.
  (e) Reserve.--
          (1) In general.--An amount not to exceed 4 percent of the 
        total income to the working capital fund during a fiscal year 
        may be retained in the fund, to remain available until 
        expended, to be used for the acquisition of capital equipment 
        and for the improvement and implementation of EPA financial 
        management, automated data processing, and other support 
        systems.
          (2) Excess.--Not later than 30 days after the end of each 
        fiscal year, amounts in excess of the reserve limitation under 
        paragraph (1) shall be transferred to the Treasury.
Sec. 199108. Availability of funds after expiration of period for 
                    liquidating obligations
  For any fiscal year, the obligated balances of sums available in 
multiple-year appropriations accounts shall remain available through 
the 7th fiscal year after their period of availability has expired for 
liquidating obligations made during the period of availability.

                            Subtitle II--Air

                         Division A--Clean Air

                   Subdivision 1--General Provisions

                        Chapter 201--Definitions

Sec.
201101. Definitions.
Sec. 201101. Definitions
  In this division:
          (1) Air pollutant.--
                  (A) In general.--The term ``air pollutant'' means any 
                air pollution agent or combination of air pollution 
                agents (including any physical, chemical, biological, 
                radioactive (including source material, special nuclear 
                material, and byproduct material) substance or matter) 
                that is emitted into or otherwise enters the ambient 
                air.
                  (B) Inclusions.--The term ``air pollutant'' includes 
                any precursor or precursors to the formation of any air 
                pollutant, to the extent that the Administrator has 
                identified the precursor or precursors for the 
                particular purpose for which the term ``air pollutant'' 
                is used.
          (2) Air pollution control agency.--The term ``air pollution 
        control agency'' means any of the following:
                  (A) A single State agency designated by the Governor 
                of a State as the official State air pollution control 
                agency for purposes of this division.
                  (B) An agency established by 2 or more States and 
                having substantial powers or duties pertaining to the 
                prevention and control of air pollution.
                  (C)(i) A city, county, or other local government 
                health authority; or
                  (ii) in the case of any city, county, or other local 
                government in which there is an agency other than the 
                health authority charged with responsibility for 
                enforcing ordinances or laws relating to the prevention 
                and control of air pollution, that agency.
                  (D) An agency of 2 or more municipalities located in 
                the same State or in different States and having 
                substantial powers or duties pertaining to the 
                prevention and control of air pollution.
                  (E) An agency of an Indian tribe.
          (3) Air quality control region.--The term ``air quality 
        control region'' means an air quality control region designated 
        under section 211107 of this title.
          (4) Applicable implementation plan.--The term ``applicable 
        implementation plan'' means the portion (or portions) of an 
        implementation plan, or most recent revision of an 
        implementation plan, that--
                  (A) has been approved under section 211110 of this 
                title, promulgated under section 211110(c) of this 
                title, or promulgated or approved pursuant to 
                regulations promulgated under section 203101(d) of this 
                title; and
                  (B) implements the relevant requirements of this 
                division.
          (5) CO.--The term ``CO'' means carbon monoxide.
          (6) Compliance schedule.--The term ``compliance schedule'' 
        means a schedule of required measures including an enforceable 
        sequence of actions or operations leading to compliance with an 
        emission limitation, other limitation, prohibition, or 
        standard.
          (7) Control technique guideline.--The term ``control 
        technique guideline'' means a control technique guideline 
        published by the Administrator under section 211108 of this 
        title.
          (8) Delayed compliance order.--The term ``delayed compliance 
        order'' means an order issued by a State or by the 
        Administrator to an existing stationary source, postponing the 
        date required under an applicable implementation plan for 
        compliance by the source with any requirement of the applicable 
        implementation plan.
          (9) Emission limitation; emission standard.--
                  (A) In general.--The terms ``emission limitation'' 
                and ``emission standard'' mean a requirement 
                established by a State or the Administrator that limits 
                the quantity, rate, or concentration of emissions of 
                air pollutants on a continuous basis.
                  (B) Inclusions.--The terms ``emission limitation'' 
                and ``emission standard'' include--
                          (i) any requirement relating to the operation 
                        or maintenance of a source to ensure continuous 
                        emission reduction; and
                          (ii) any design, equipment, work practice, or 
                        operational standard promulgated under this 
                        division.
          (10) Federal implementation plan.--The term ``Federal 
        implementation plan'' means a plan (or portion of a plan) 
        that--
                  (A) is promulgated by the Administrator to fill all 
                or a portion of a gap, or otherwise correct all or a 
                portion of an inadequacy, in a State implementation 
                plan;
                  (B) includes enforceable emission limitations or 
                other control measures, means, or techniques (including 
                economic incentives, such as marketable permits or 
                auctions of emissions allowances); and
                  (C) provides for attainment of the relevant NAAQS.
          (11) Federal land manager.--The term ``Federal land manager'' 
        means, with respect to any land in the United States, the 
        Secretary of the department with authority over the land.
          (12) Indian tribe.--The term ``Indian tribe'' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaska Native village, that is 
        Federally recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.
          (13) Interstate air pollution control agency.--The term 
        ``interstate air pollution control agency'' means--
                  (A) an air pollution control agency established by 2 
                or more States; or
                  (B) an air pollution control agency of 2 or more 
                municipalities located in different States.
          (14) Major emitting facility; major stationary source.--The 
        terms ``major emitting facility'' and ``major stationary 
        source'' mean any stationary facility or source of air 
        pollutants that directly emits, or has the potential to emit, 
        100 tons per year or more of any air pollutant (including any 
        major emitting facility or source of fugitive emissions of any 
        such pollutant, as determined by regulation by the 
        Administrator).
          (15) Means of emission limitation.--
                  (A) In general.--The term ``means of emission 
                limitation'' means a system of continuous emission 
                reduction.
                  (B) Inclusions.--The term ``means of emission 
                limitation'' includes the use of specific technology or 
                fuels with specified pollution characteristics.
          (16) Municipality.--The term ``municipality'' means a city, 
        town, borough, county, parish, district, or other public body 
        created by or pursuant to State law.
          (17) NAAQS.--The term ``NAAQS'' means a national ambient air 
        quality standard.
          (18) NO<INF>x</INF>.--The term ``NO<INF>x</INF>'' means a 
        nitrogen oxide.
          (19) Person.--The term ``person'' includes an individual, 
        corporation, partnership, association, State, municipality, 
        political subdivision of a State, and any agency, department, 
        or instrumentality of the United States and any officer, agent, 
        or employee thereof.
          (20) PM-10.--The term ``PM-10'' means particulate matter with 
        an aerodynamic diameter less than or equal to a nominal 10 
        micrometers, as measured by such method as the Administrator 
        may determine.
          (21) Primary standard attainment date.--The term ``primary 
        standard attainment date'' means the date specified in an 
        applicable implementation plan for the attainment of a primary 
        NAAQS for any air pollutant.
          (22) RACT/BACT/LAER clearinghouse.--The tern ``RACT/BACT/LAER 
        clearinghouse'' means the database maintained under section 
        211108(h) of this title.
          (23) Standard of performance.--
                  (A) In general.--The term ``standard of performance'' 
                means a requirement of continuous emission reduction.
                  (B) Inclusions.--The term ``standard of performance'' 
                includes any requirement relating to the operation or 
                maintenance of a source to ensure continuous emission 
                reduction.
          (24) State.--The term ``State'' means a State, the District 
        of Columbia, Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Northern Mariana Islands.
          (25) Stationary source.--The term ``stationary source'' means 
        any source of an air pollutant except emissions resulting 
        directly from an internal combustion engine for transportation 
        purposes or from a nonroad engine or nonroad vehicle (as 
        defined in section 221101 of this title).
          (26) Volatile organic compound; voc.--The terms ``volatile 
        organic compound'' and ``VOC'' mean a volatile organic compound 
        as defined by the Administrator.
          (27) Welfare.--All language referring to effects on welfare 
        includes--
                  (A) effects on soil, water, crops, vegetation, 
                manmade materials, animals, wildlife, weather, 
                visibility, and climate;
                  (B) damage to and deterioration of property;
                  (C) hazards to transportation; and
                  (D) effects on economic values and on personal 
                comfort and well-being;
        whether or not any of the foregoing is caused by transformation 
        of an air pollutant, conversion of an air pollutant, or a 
        combination of an air pollutant with other air pollutants.

         Chapter 203--Administrative and Procedural Provisions

Sec.
203101. Administration.
203102. General provisions relating to administrative proceedings and 
          judicial review.
203103. Emergency powers.
203104. Citizen suits.
203105. Representation in litigation.
Sec. 203101. Administration
  (a) Regulations; Delegation of Powers and Duties; Regional Officers 
and Employees.--
          (1) In general.--The Administrator may prescribe such 
        regulations as are necessary to carry out the Administrator's 
        functions under this division. The Administrator may delegate 
        to any officer or employee of EPA such of the Administrator's 
        powers and duties under this division, except the making of 
        regulations subject to section 203102(d) of this title, as the 
        Administrator considers necessary or expedient.
          (2) Procedures and policies for regional officers and 
        employees.--
                  (A) In general.--The Administrator shall promulgate 
                regulations establishing general applicable procedures 
                and policies for regional officers and employees 
                (including a Regional Administrator) to follow in 
                carrying out a delegation under paragraph (1), if any.
                  (B) Design.--The regulations shall be designed to--
                          (i) ensure fairness and uniformity in the 
                        criteria, procedures, and policies applied by 
                        the various EPA regions in implementing and 
                        enforcing this division;
                          (ii) ensure at least an adequate quality 
                        audit of each State's performance and adherence 
                        to the requirements of this division in 
                        implementing and enforcing This division, 
                        particularly in the review of new sources and 
                        in enforcement of this division; and
                          (iii) provide a mechanism for identifying and 
                        standardizing inconsistent or varying criteria, 
                        procedures, and policies being employed by 
                        regional officers and employees in implementing 
                        and enforcing this division.
  (b) Detail of EPA Personnel to Air Pollution Control Agencies.--On 
the request of an air pollution control agency, EPA personnel may be 
detailed to the air pollution control agency for the purpose of 
carrying out this division.
  (c) Payments Under Grants; Installments; Advances or 
Reimbursements.--Payments under grants made under this division may be 
made in installments, and in advance or by way of reimbursement, as may 
be determined by the Administrator.
  (d) Tribal Authority.--
          (1) In general.--Subject to paragraph (2), the 
        Administrator--
                  (A) may treat Indian tribes as States under this 
                division, except for purposes of the requirement that 
                makes available for application by each State not less 
                than 0.5 percent of annual appropriations under section 
                211105 of this title; and
                  (B) may provide any Indian tribe grant and contract 
                assistance to carry out functions provided by this 
                division.
          (2) Regulations.--
                  (A) In general.--The Administrator shall promulgate 
                regulations specifying the provisions of this division 
                for which it is appropriate to treat Indian tribes as 
                States.
                  (B) Requirements.--The Administrator may treat an 
                Indian tribe as a State only if--
                          (i) the Indian tribe has a governing body 
                        carrying out substantial governmental duties 
                        and powers;
                          (ii) the functions to be exercised by the 
                        Indian tribe pertain to the management and 
                        protection of air resources within the exterior 
                        boundaries of the reservation or other areas 
                        within the Indian tribe's jurisdiction; and
                          (iii) the Indian tribe is reasonably expected 
                        to be capable, in the judgment of the 
                        Administrator, of carrying out the functions to 
                        be exercised in a manner consistent with the 
                        terms and purposes of this division (including 
                        all applicable regulations).
          (3) Tribal implementation plans.--The Administrator may 
        promulgate regulations that establish the elements of tribal 
        implementation plans and procedures for approval or disapproval 
        of tribal implementation plans and portions of tribal 
        implementation plans.
          (4) Treatment.--In any case in which the Administrator 
        determines that the treatment of Indian tribes as identical to 
        States is inappropriate or administratively infeasible, the 
        Administrator may provide, by regulation, other means by which 
        the Administrator will directly administer the provisions 
        specified under paragraph (2) so as to achieve the appropriate 
        purpose.
Sec. 203102. General provisions relating to administrative proceedings 
                    and judicial review
  (a) Administrative Subpoenas.--
          (1) In general.--In connection with any determination under 
        section 211110(d) of this title, or for purposes of obtaining 
        information under section 221111(d)(3) of this title, any 
        investigation, monitoring, reporting requirement, entry, 
        compliance inspection, or administrative enforcement proceeding 
        under this division (including under section 203103, 209101, 
        211113, 211114, 211119, 211128, 213109, 221105, 221106, or 
        221108 of this title), the Administrator may--
                  (A) issue subpoenas for the attendance and testimony 
                of witnesses and the production of relevant records; 
                and
                  (B) administer oaths.
          (2) Trade secrets; secret processes.--Except for emission 
        data, on a showing satisfactory to the Administrator by an 
        owner or operator that records or information or any part 
        thereof subpoenaed under paragraph (1), if made public, would 
        divulge trade secrets or secret processes of the owner or 
        operator, the Administrator shall consider the record or part 
        of a record confidential in accordance with section 1905 of 
        title 18, except that the record may be disclosed--
                  (A) to other officers, employees, or authorized 
                representatives of the United States concerned with 
                carrying out this division; or
                  (B) when relevant in any proceeding under this 
                division.
          (3) Payment of witnesses.--A witness summoned shall be paid 
        the same fees and mileage that are paid witnesses in the courts 
        of the United States.
          (4) Contumacy; refusal to obey subpoena.--In case of 
        contumacy or refusal to obey a subpoena served on any person 
        under this subsection--
                  (A) the United States district court for any district 
                in which the person is found or resides or transacts 
                business, on application by the United States and after 
                notice to the person, shall have jurisdiction to issue 
                an order requiring the person to appear and give 
                testimony before the Administrator, to appear and 
                produce records before the Administrator, or both; and
                  (B) any failure to obey such a court order may be 
                punished by the court as a contempt of court.
  (b) Judicial Review.--
          (1) Place for review.--
                  (A) District of columbia circuit.--
                          (i) In general.--A petition for review of an 
                        action of the Administrator described in clause 
                        (ii) may be filed only in the United States 
                        Court of Appeals for the District of Columbia 
                        Circuit.
                          (ii) Action.--An action referred to in clause 
                        (i) is--
                                  (I) an action of the Administrator in 
                                promulgating any--
                                          (aa) primary or secondary 
                                        NAAQS;
                                          (bb) emission standard or 
                                        requirement under section 
                                        211112 of this title;
                                          (cc) standard of performance 
                                        or requirement under section 
                                        211111 of this title;
                                          (dd) standard under section 
                                        221102 of this title (other 
                                        than a standard required to be 
                                        prescribed under section 
                                        221102(b)(1) of this title);
                                          (ee) control or prohibition 
                                        under section 221111 of this 
                                        title;
                                          (ff)) standard under section 
                                        223102 of this title; or
                                          (gg) regulation issued under 
                                        section 211113 or 211119 of 
                                        this title; or
                                  (II) an action of the Administrator 
                                in promulgating any other nationally 
                                applicable regulation or taking any 
                                other nationally applicable final 
                                action under this division.
                  (B) Other circuits.--
                          (i) In general.--A petition for review of an 
                        action of the Administrator described in clause 
                        (ii) may be filed only in the United States 
                        Court of Appeals for the appropriate circuit.
                          (ii) Action.--An action referred to in clause 
                        (i) is--
                                  (I) an action of the Administrator in 
                                approving or promulgating any--
                                          (aa) implementation plan 
                                        under section 211110 or 
                                        211111(d) of this title; or
                                          (bb) order under section 
                                        211111(h), 211112, or 211119 of 
                                        this title;
                                  (II) an action of the Administrator 
                                revising regulations for enhanced 
                                monitoring and compliance certification 
                                programs under section 211114(a)(3) of 
                                this title; or
                                  (III) any other final action of the 
                                Administrator under this division 
                                (including any denial or disapproval by 
                                the Administrator under subdivision 2) 
                                that is locally or regionally 
                                applicable.
                          (iii) Determination of nationwide scope or 
                        effect.--Notwithstanding clauses (i) and (ii), 
                        a petition for review of any action described 
                        in clause (ii) may be filed only in the United 
                        States Court of Appeals for the District of 
                        Columbia Circuit if--
                                  (I) the action is based on a 
                                determination of nationwide scope or 
                                effect; and
                                  (II) in taking the action, the 
                                Administrator finds and publishes that 
                                the action is based on such a 
                                determination.
          (2) Time for filing.--A petition for review under this 
        subsection shall be filed within 60 days after the date notice 
        of the promulgation, approval, or action appears in the Federal 
        Register, except that if the petition is based solely on 
        grounds arising after that 60th day, any petition for review 
        under this subsection shall be filed within 60 days after those 
        grounds arise.
          (3) Effect of filing of petition for reconsideration.--The 
        filing of a petition for reconsideration by the Administrator 
        of any otherwise final regulation or other action shall not--
                  (A) affect the finality of the regulation or other 
                action for purposes of judicial review;
                  (B) extend the time within which a petition for 
                judicial review of the regulation or other action under 
                this section may be filed; or
                  (C) postpone the effectiveness of the regulation or 
                other action.
          (4) No review in enforcement proceedings.--Action of the 
        Administrator with respect to which review could have been 
        obtained under paragraph (1) shall not be subject to judicial 
        review in civil or criminal proceedings for enforcement.
          (5) Deferral of nondiscretionary action.--Where a final 
        decision by the Administrator defers performance of any 
        nondiscretionary statutory action to a later time, any person 
        may challenge the deferral pursuant to paragraph (1).
  (c) Additional Evidence.--In any judicial proceeding in which review 
is sought of a determination under this division required to be made on 
the record after notice and opportunity for hearing, if any party 
applies to the court for leave to adduce additional evidence, and shows 
to the satisfaction of the court that the additional evidence is 
material and that there were reasonable grounds for the failure to 
adduce the evidence in the proceeding before the Administrator, the 
court may order the additional evidence (and evidence in rebuttal 
thereof) to be taken before the Administrator, in such manner and on 
such terms and conditions as the court considers proper. The 
Administrator may modify the Administrator's findings as to the facts 
or make new findings by reason of the additional evidence so taken, and 
the Administrator shall file the modified or new findings, and the 
Administrator's recommendation, if any, for the modification or setting 
aside of the Administrator's original determination, with the return of 
the additional evidence.
  (d) Rulemaking.--
          (1) Definitions.--In this subsection:
                  (A) Comment period.--The term ``comment period'' 
                means the period for public comment specified in a 
                notice of proposed rulemaking under paragraph 
                (4)(A)(iii).
                  (B) Docket.--The term ``docket'' means a rulemaking 
                docket established under paragraph (3).
                  (C) Rule.--The term ``rule'' means--
                          (i) the promulgation or revision of any NAAQS 
                        under section 211109 of this title;
                          (ii) the promulgation or revision of an 
                        implementation plan by the Administrator under 
                        section 211110(c) of this title;
                          (iii) the promulgation or revision of any 
                        standard of performance under section 211111 of 
                        this title, emission standard or limitation 
                        under section 211112(d) of this title, standard 
                        under section 211112(f) of this title, or 
                        regulation under subsection (l) or (m) of 
                        section 211112 of this title;
                          (iv) the promulgation of any requirement for 
                        solid waste combustion under section 211128 of 
                        this title;
                          (v) the promulgation or revision of any 
                        regulation pertaining to any fuel or fuel 
                        additive under section 221111 of this title;
                          (vi) the promulgation or revision of any 
                        aircraft emission standard under section 223102 
                        of this title;
                          (vii) the promulgation or revision of any 
                        regulation under subdivision 5;
                          (viii) promulgation or revision of 
                        regulations under subdivision 7;
                          (ix) promulgation or revision of regulations 
                        under chapter 213;
                          (x) promulgation or revision of regulations 
                        under section 221102 of this title and test 
                        procedures for new motor vehicles or engines 
                        under section 221106 of this title, and the 
                        revision of a standard under section 
                        221102(a)(3) of this title;
                          (xi) promulgation or revision of regulations 
                        for noncompliance penalties under section 
                        211119 of this title;
                          (xii) promulgation or revision of any 
                        regulations promulgated under section 221107 of 
                        this title;
                          (xiii) action of the Administrator under 
                        section 211125 of this title;
                          (xiv) the promulgation or revision of any 
                        regulation pertaining to consumer and 
                        commercial products under section 215204(e) of 
                        this title;
                          (xv) the promulgation or revision of any 
                        regulation pertaining to field citations under 
                        section 211113(e)(3) of this title;
                          (xvi) the promulgation or revision of any 
                        regulation pertaining to urban buses or the 
                        clean-fuel vehicle, clean-fuel fleet, and clean 
                        fuel programs under chapter 225;
                          (xvii) the promulgation or revision of any 
                        regulation pertaining to nonroad engines or 
                        nonroad vehicles under section 221113 of this 
                        title;
                          (xviii) the promulgation or revision of any 
                        regulation relating to motor vehicle compliance 
                        program fees under section 221115 of this 
                        title;
                          (xix) the promulgation or revision of any 
                        regulation under section 215204(f) of this 
                        title pertaining to marine vessels; and
                          (xx) such other actions as the Administrator 
                        may determine.
          (2) Inapplicability of certain provisions in title 5.--
        Sections 553 to 557 and section 706 of title 5 shall not, 
        except as expressly provided in this subsection, apply to a 
        rule. This subsection shall not apply in the case of any rule 
        or circumstance described in the provision designated (A) or 
        (B) of section 553(b) of title 5.
          (3) Rulemaking docket.--Not later than the date of proposal 
        of any rule, the Administrator shall establish a rulemaking 
        docket for the rule. Whenever a rule applies only within a 
        particular State, a 2d (identical) docket shall be 
        simultaneously established in the appropriate EPA regional 
        office.
          (4) Notice of proposed rulemaking.--
                  (A) In general.--In the case of any rule, notice of 
                proposed rulemaking--
                          (i) shall be published in the Federal 
                        Register, as provided under section 553(b) of 
                        title 5;
                          (ii) shall be accompanied by a statement of 
                        its basis and purpose;
                          (iii) shall specify the period for public 
                        comment; and
                          (iv) shall state the docket number, the 
                        location or locations of the docket, and the 
                        times that the docket will be open to public 
                        inspection.
                  (B) Statement of basis and purpose.--A statement of 
                basis and purpose under subparagraph (A)(ii)--
                          (i) shall include a summary of--
                                  (I) the factual data on which the 
                                proposed rule is based;
                                  (II) the methodology used in 
                                obtaining the data and in analyzing the 
                                data; and
                                  (III) the major legal interpretations 
                                and policy considerations underlying 
                                the proposed rule; and
                          (ii) shall--
                                  (I) set forth or summarize and 
                                provide a reference to any pertinent 
                                findings, recommendations, and comments 
                                by the Scientific Review Committee 
                                established under section 211109(d) of 
                                this title and the National Academy of 
                                Sciences; and
                                  (II) if the proposal differs in any 
                                important respect from any of these 
                                recommendations, include an explanation 
                                of the reasons for the differences.
                  (C) Inclusion in docket.--All data, information, and 
                documents described in this paragraph on which the 
                proposed rule relies shall be included in the docket on 
                the date of publication of the proposed rule.
          (5) Public availability of docket.--The docket shall be open 
        for inspection by the public at reasonable times specified in 
        the notice of proposed rulemaking. Any person may copy 
        documents contained in the docket. The Administrator shall 
        provide copying facilities that may be used at the expense of 
        the person seeking copies, but the Administrator may waive or 
        reduce such expenses in such instances as the public interest 
        requires. Any person may request copies by mail if the person 
        pays the expenses, including personnel costs to do the copying.
          (6) Inclusion in docket.--
                  (A) Comments and documentary information received.--
                Promptly on receipt by EPA, all written comments and 
                documentary information on the proposed rule received 
                from any person for inclusion in the docket during the 
                comment period shall be placed in the docket.
                  (B) Transcript.--The transcript of public hearings, 
                if any, on the proposed rule shall be included in the 
                docket promptly on receipt from the person who 
                transcribed the hearings.
                  (C) Documents of central relevance.--All documents 
                that become available after the proposed rule has been 
                published and that the Administrator determines are of 
                central relevance to the rulemaking shall be placed in 
                the docket as soon as possible after their 
                availability.
                  (D) Drafts of proposed and final rules under this 
                subsection and related documents and comments.--The 
                drafts of a proposed rule submitted by the 
                Administrator to the Office of Management and Budget 
                for any interagency review process prior to proposal of 
                any rule, all documents accompanying the drafts, all 
                written comments thereon by other agencies, and all 
                written responses to such written comments by the 
                Administrator shall be placed in the docket not later 
                than the date of proposal of the rule. The drafts of 
                the final rule submitted for such review process prior 
                to promulgation and all such written comments thereon, 
                all documents accompanying such drafts, and written 
                responses thereto shall be placed in the docket not 
                later than the date of promulgation.
          (7) Proceedings.--In promulgating a rule--
                  (A) the Administrator shall allow any person to 
                submit written comments, data, or documentary 
                information;
                  (B) the Administrator shall give interested persons 
                an opportunity to make written submissions and oral 
                presentations of data, views, or arguments;
                  (C) a transcript shall be kept of any oral 
                presentation; and
                  (D) the Administrator shall keep the record of the 
                proceeding open for 30 days after completion of the 
                proceeding to provide an opportunity for submission of 
                rebuttal and supplementary information.
          (8) Promulgated rules under this subsection.--
                  (A) Items to accompany promulgated rule.--A 
                promulgated rule shall be accompanied by--
                          (i) a statement of basis and purpose like 
                        that described in paragraph (4)(B) with respect 
                        to a proposed rule;
                          (ii) an explanation of the reasons for any 
                        major changes in the promulgated rule from the 
                        proposed rule; and
                          (iii) a response to each of the significant 
                        comments, criticisms, and new data submitted in 
                        written or oral presentations during the 
                        comment period.
                  (B) Basis.--A promulgated rule may not be based (in 
                part or whole) on any information or data that have not 
                been placed in the docket as of the date of 
                promulgation.
          (9) Judicial review.--
                  (A) Record.--The record for judicial review shall 
                consist exclusively of the material described in 
                subparagraphs (A) and (B) of paragraph (4), 
                subparagraphs (A), (B), and (C) of paragraph (6), and 
                paragraph (8)(A).
                  (B) Objections.--
                          (i) In general.--Only an objection to a rule 
                        or a procedure that was raised with reasonable 
                        specificity during the comment period 
                        (including any public hearing) may be raised 
                        during judicial review.
                          (ii) Impracticality of raising objection; 
                        grounds arising after comment period.--If the 
                        person raising an objection demonstrates to the 
                        Administrator that it was impracticable to 
                        raise an objection within the comment period or 
                        if the grounds for an objection arose after the 
                        comment period (but within the time specified 
                        for judicial review), and if the objection is 
                        of central relevance to the outcome of the 
                        rule, the Administrator shall convene a 
                        proceeding for reconsideration of the rule and 
                        provide the same procedural rights as would 
                        have been afforded had the information been 
                        available at the time at which the rule was 
                        proposed. If the Administrator refuses to 
                        convene such a proceeding, the person may seek 
                        review of the refusal in the United States 
                        court of appeals for the appropriate circuit 
                        (as provided in subsection (b)). 
                        Reconsideration shall not stay the 
                        effectiveness of the rule, but the 
                        Administrator or the court may stay the 
                        effectiveness of the rule during 
                        reconsideration for not more than 3 months.
          (10) Procedural determinations.--
                  (A) Sole forum.--The sole forum for challenging 
                procedural determinations made by the Administrator 
                under this subsection shall be in the United States 
                court of appeals for the appropriate circuit (as 
                provided in subsection (b)) at the time of the 
                substantive review of the rule.
                  (B) No interlocutory appeal.--No interlocutory appeal 
                shall be permitted with respect to a procedural 
                determination made by the Administrator under this 
                subsection.
                  (C) Invalidation of rule.--In reviewing alleged 
                procedural errors, the court may invalidate a rule only 
                if the errors were so serious and related to matters of 
                such central relevance to the rule that there is a 
                substantial likelihood that the rule would have been 
                significantly changed if the errors had not been made.
          (11) Reversal.--A court may reverse any action found to be--
                  (A) arbitrary, capricious, an abuse of discretion, or 
                otherwise not in accordance with law;
                  (B) contrary to constitutional right, power, 
                privilege, or immunity;
                  (C) in excess of statutory jurisdiction, authority, 
                or limitations, or short of statutory right; or
                  (D) without observance of procedure required by law, 
                if--
                          (i) the failure to observe the procedure is 
                        arbitrary or capricious;
                          (ii) the requirement of paragraph (9)(B) has 
                        been met; and
                          (iii) the condition of paragraph (10)(C) is 
                        met.
          (12) Statutory deadlines.--A statutory deadline for 
        promulgation of a rule that requires promulgation less than 6 
        months after the date of proposal may be extended to not more 
        than 6 months after the date of proposal by the Administrator 
        on a determination that the extension is necessary to afford 
        the public and EPA adequate opportunity to carry out the 
        purposes of this subsection.
  (e) No Other Judicial Review.--Nothing in this division shall be 
construed to authorize judicial review of regulations or orders of the 
Administrator under this division, except as provided in this section.
  (f) Costs.--In any judicial proceeding under this section, the court 
may award costs of litigation (including reasonable attorney's fees and 
expert witness's fees) whenever the court determines that such an award 
is appropriate.
  (g) Stay, Injunction, or Similar Relief in Proceedings Relating to 
Noncompliance Penalties.--In any civil action respecting the 
promulgation of regulations under, or the administration or enforcement 
of, section 211119 of this title, the court shall not grant any stay, 
injunctive relief, or similar relief before final judgment by the 
court.
  (h) Public Participation.--It is the intent of Congress that, 
consistent with the policy of subchapter II of chapter 5 of title 5, 
the Administrator in promulgating any regulation under this division, 
including a regulation subject to a deadline, shall ensure that there 
is a reasonable period for public participation of at least 30 days, 
except as otherwise expressly provided in sections 211107(d), 
215102(a), 215202, and 215302 of this title.
Sec. 203103. Emergency powers
  (a) Civil Action.--Notwithstanding any other provision of this 
division, the Administrator, on receipt of evidence that a pollution 
source or combination of sources (including moving sources) is 
presenting an imminent and substantial endangerment to public health or 
welfare, or the environment, may bring a civil action on behalf of the 
United States in the appropriate United States district court to 
immediately restrain any person causing or contributing to the alleged 
pollution to stop the emission of air pollutants causing or 
contributing to the pollution or to take such other action as may be 
necessary.
  (b) Issuance of Orders by the Administrator.--If it is not 
practicable to ensure prompt protection of public health or welfare or 
the environment by commencement of a civil action under subsection (a), 
the Administrator may issue such orders as may be necessary to protect 
public health or welfare or the environment.
  (c) Consultation.--Prior to taking any action under this section, the 
Administrator shall consult with appropriate State and local 
authorities and attempt to confirm the accuracy of the information on 
which the action proposed to be taken is based.
  (d) Effectiveness.--Any order issued by the Administrator under this 
section shall be effective on issuance and shall remain in effect for a 
period of not more than 60 days, unless the Administrator brings a 
civil action pursuant to subsection (a) before the expiration of that 
period. Whenever the Administrator brings such a civil action within 
the 60-day period, the order shall remain in effect for an additional 
14 days or for such longer period as may be authorized by the court in 
which the civil action is brought.
Sec. 203104. Citizen suits
  (a) Definition of Emission Standard or Limitation Under This 
Division.--In this section, the term ``emission standard or limitation 
under this division'' means--
          (1) a schedule or timetable of compliance, emission 
        limitation, standard of performance, or emission standard;
          (2) a control or prohibition respecting a motor vehicle fuel 
        or fuel additive;
          (3)(A) any condition or requirement of a permit under chapter 
        213 or 215;
          (B) any condition or requirement under an applicable 
        implementation plan relating to transportation control 
        measures, air quality maintenance plans, vehicle inspection and 
        maintenance programs or vapor recovery requirements;
          (C) any regulation under subsection (e) or act described in 
        subsection (f) of section 221111 of this title;
          (D) any regulation under subsection (b) or (c) of section 
        213201 of this title;
          (E) subdivision 7; or
          (F) any requirement under section 211111 or 211112 of this 
        title (without regard to whether the requirement is expressed 
        as an emission standard); or
          (4) any other standard, limitation, or schedule established 
        under any permit issued pursuant to subdivision 6 or under any 
        applicable State implementation plan approved by the 
        Administrator, any permit term or condition, and any 
        requirement to obtain a permit as a condition of operations;
that is in effect under this division (including a requirement 
applicable by reason of section 211118 of this title) or under an 
applicable implementation plan.
  (b) In General.--
          (1) Violation of emission standard or limitation or of 
        order.--
                  (A) Definition of person.--In this paragraph, the 
                term ``person'' includes--
                          (i) the United States; and
                          (ii) any other governmental instrumentality 
                        or agency to the extent permitted by the 
                        Eleventh Amendment to the Constitution.
                  (B) Civil action.--Except as provided in subsection 
                (c), any person may commence a civil action on the 
                person's own behalf against any person that is alleged 
                to have violated (if there is evidence that the alleged 
                violation has been repeated) or to be in violation of--
                          (i) an emission standard or limitation under 
                        this division; or
                          (ii) an order issued by the Administrator or 
                        a State with respect to an emission standard or 
                        limitation under this division.
          (2) Failure of administrator to perform nondiscretionary act 
        or duty.--Except as provided in subsection (c), any person may 
        commence a civil action on the person's own behalf against the 
        Administrator where there is alleged a failure of the 
        Administrator to perform any act or duty under this division 
        that is not discretionary with the Administrator.
          (3) Construction without permit; violation of permit.--Except 
        as provided in subsection (c), any person may commence a civil 
        action on the person's own behalf against any person that--
                  (A) proposes to construct or constructs any new or 
                modified major emitting facility without a permit 
                required under chapter 213 or 215; or
                  (B) is alleged to have violated (if there is evidence 
                that the alleged violation has been repeated) or to be 
                in violation of any condition of such a permit.
          (4) Jurisdiction to enforce emission standard, emission 
        limitation, or order.--
                  (A) In general.--A United States district court shall 
                have jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to--
                          (i) enforce an emission standard or emission 
                        limitation or an order described in paragraph 
                        (1)(B)(ii), or to order the Administrator to 
                        perform an act or duty described in paragraph 
                        (2), as the case may be; and
                          (ii) to apply any appropriate civil penalties 
                        (except in a civil action under paragraph (2)).
                  (B) Penalty assessment criteria.--
                          (i) Factors.--In determining the amount of 
                        any civil penalty to be assessed under this 
                        subsection, the court shall take into 
                        consideration (in addition to such other 
                        factors as justice may require)--
                                  (I) the size of the business;
                                  (II) the economic impact of the civil 
                                penalty on the business;
                                  (III) the violator's full compliance 
                                history and good faith efforts to 
                                comply;
                                  (IV) the duration of the violation as 
                                established by any credible evidence 
                                (including evidence other than the 
                                applicable test method);
                                  (V) payment by the violator of 
                                penalties previously assessed for the 
                                same violation;
                                  (VI) the economic benefit of 
                                noncompliance; and
                                  (VII) the seriousness of the 
                                violation.
                          (ii) Civil penalty for each day of 
                        violation.--A civil penalty may be assessed for 
                        each day of violation. For purposes of 
                        determining the number of days of violation for 
                        which a civil penalty may be assessed under 
                        this subsection, where the Administrator or an 
                        air pollution control agency has notified the 
                        source of the violation, and the plaintiff 
                        makes a prima facie showing that the conduct or 
                        events giving rise to the violation are likely 
                        to have continued or recurred past the date of 
                        notice, the days of violation shall be presumed 
                        to include the date of the notice and each day 
                        thereafter until the violator establishes that 
                        continuous compliance has been achieved, except 
                        to the extent that the violator can prove by a 
                        preponderance of the evidence that there were 
                        intervening days during which no violation 
                        occurred or that the violation was not 
                        continuing in nature.
          (5) Compulsion of agency action.--A United States district 
        court shall have jurisdiction to compel (consistent with 
        paragraph (2)) agency action unreasonably delayed, except that 
        a civil action to compel agency action under section 203102(b) 
        of this title that is unreasonably delayed may be filed only in 
        a United States district court within the circuit in which the 
        civil action would be reviewable under section 203102(b) of 
        this title. In any such civil action for unreasonable delay, 
        notice to the entities described in subsection (c)(1)(A)(i) 
        shall be provided 180 days before commencing the civil action.
  (c) Notice.--
          (1) In general.--Except as provided in paragraph (2), no 
        civil action may be commenced--
                  (A) under subsection (b)(1)(B)--
                          (i) prior to 60 days after the plaintiff has 
                        given notice of the violation to--
                                  (I) the Administrator;
                                  (II) the State in which the violation 
                                occurs; and
                                  (III) any alleged violator of the 
                                emission standard or limitation or 
                                order; or
                          (ii) if the Administrator or State has 
                        commenced and is diligently prosecuting a civil 
                        action in a court of the United States or a 
                        State to require compliance with the emission 
                        standard or limitation or order (but in any 
                        such civil action in a court of the United 
                        States any person may intervene as a matter of 
                        right); or
                  (B) under subsection (b)(2) prior to 60 days after 
                the plaintiff has given notice of the civil action to 
                the Administrator.
          (2) Exception.--A civil action under this section respecting 
        a violation of subsection (f)(4) or (i)(3)(A) of section 211112 
        of this title or an order issued by the Administrator pursuant 
        to section 211113(b) of this title may be brought immediately 
        after notification to the Administrator.
          (3) Manner of notice.--Notice under this subsection shall be 
        given in such manner as the Administrator shall prescribe by 
        regulation.
  (d) Place for Bringing Civil Action; Intervention by Administrator; 
Service of Complaint; Consent Judgment.--
          (1) Place for bringing civil action.--Any civil action 
        respecting a violation by a stationary source of an emission 
        standard or limitation or an order respecting an emission 
        standard or limitation may be brought only in the judicial 
        district in which the stationary source is located.
          (2) Intervention by administrator.--In any civil action under 
        this section, the Administrator, if not a party, may intervene 
        as a matter of right at any time in the proceeding. A judgment 
        in a civil action under this section to which the United States 
        is not a party shall not have any binding effect on the United 
        States.
          (3) Service of complaint.--Whenever any civil action is 
        brought under this section, the plaintiff shall serve a copy of 
        the complaint on the Attorney General of the United States and 
        on the Administrator.
          (4) Consent judgment.--No consent judgment shall be entered 
        in an action brought under this section in which the United 
        States is not a party prior to 45 days following the receipt of 
        a copy of the proposed consent judgment by the Attorney General 
        and the Administrator, during which 45-day period the 
        Government may submit its comments on the proposed consent 
        judgment to the court and parties or may intervene as a matter 
        of right.
  (e) Award of Costs; Security.--In issuing any final order in any 
action brought pursuant to subsection (b), a court may award costs of 
litigation (including reasonable attorney's fees and expert witness's 
fees) to any party, whenever the court determines that such an award is 
appropriate. The court may, if a temporary restraining order or 
preliminary injunction is sought, require the filing of a bond or 
equivalent security in accordance with the Federal Rules of Civil 
Procedure (28 U.S.C. App.).
  (f) Nonrestriction of Other Rights.--
          (1) Persons in general.--Nothing in this section restricts 
        any right that any person (or class of persons) may have under 
        any statute or common law to seek enforcement of any emission 
        standard or limitation or to seek any other relief (including 
        relief against the Administrator or a State agency).
          (2) State, local, and interstate authorities.--Nothing in 
        this section or in any other law of the United States 
        prohibits, excludes, or restricts any State, local, or 
        interstate authority from--
                  (A) bringing any enforcement action or obtaining any 
                judicial remedy or sanction in any State or local 
                court; or
                  (B) bringing any administrative enforcement action or 
                obtaining any administrative remedy or sanction in any 
                State or local administrative agency, department, or 
                instrumentality;
        against the United States, any department, agency, or 
        instrumentality thereof, or any officer, agent, or employee 
        thereof under State or local law respecting control and 
        abatement of air pollution.
          (3) Other provisions.--For provisions requiring compliance by 
        the United States, departments, agencies, instrumentalities, 
        officers, agents, and employees in the same manner as 
        nongovernmental entities, see section 211118 of this title.
  (g) Penalty Fund.--
          (1) In general.--
                  (A) Deposit.--Penalties received under subsection (b) 
                shall be deposited in a special fund in the Treasury 
                for licensing and other services.
                  (B) Use.--Amounts in the fund are authorized to be 
                appropriated and shall remain available until expended 
                for use by the Administrator to finance air compliance 
                and enforcement activities.
          (2) Use of penalties in beneficial mitigation projects.--
                  (A) In general.--Notwithstanding paragraph (1), the 
                court in any action under this section to apply civil 
                penalties shall have discretion to order that the civil 
                penalties, in lieu of being deposited in the fund 
                described in paragraph (1), be used in beneficial 
                mitigation projects that are consistent with this 
                division and enhance public health or the environment.
                  (B) View of the administrator.--The court shall 
                obtain the view of the Administrator in exercising such 
                discretion and selecting any such projects.
                  (C) Amount.--The amount of any such payment in any 
                such action shall not exceed $100,000.
Sec. 203105. Representation in litigation
  (a) Attorney General; Attorneys Appointed by Administrator.--The 
Administrator shall request the Attorney General to appear and 
represent the Administrator in any civil action instituted under this 
division to which the Administrator is a party. Unless the Attorney 
General notifies the Administrator that the Attorney General will 
appear in the civil action within a reasonable time, attorneys 
appointed by the Administrator shall appear and represent the 
Administrator.
  (b) Memorandum of Understanding Regarding Legal Representation.--If 
the Attorney General agrees to appear and represent the Administrator 
in any civil action, the representation shall be conducted in 
accordance with, and shall include participation by attorneys appointed 
by the Administrator to the extent authorized by, the memorandum of 
understanding between the Department of Justice and the EPA dated June 
13, 1977, respecting representation of EPA by the Department of Justice 
in civil litigation.

                   Chapters 205 through 207--Reserved

                       Chapter 209--Miscellaneous

Sec.
209101. Federal procurement.
209102. Mandatory patent licensing.
209103. Policy review.
209104. Other authority and responsibilities.
209105. Records and audit.
209106. Labor standards.
209107. Sewage treatment grants.
209108. Economic impact assessment.
209109. Air quality monitoring.
209110. Air quality modeling.
209111. Employment effects.
209112. Employee protection.
209113. Cost of vapor recovery equipment.
209114. Vapor recovery for independent small business marketers of 
          gasoline.
209115. Exemptions for certain territories.
209116. Air pollution from Outer Continental Shelf activities.
209117. Demonstration grant program for local governments.
Sec. 209101. Federal procurement
  (a) Prohibition of Contracts With Violators.--
          (1) In general.--No Federal agency may enter into any 
        contract with any person that is convicted of any offense under 
        section 211113(d) of this title for the procurement of goods, 
        materials, and services to perform the contract at any facility 
        at which the violation that gave rise to the conviction 
        occurred if the facility is owned, leased, or supervised by 
        that person.
          (2) Time period.--The prohibition under paragraph (1) shall 
        continue until the Administrator certifies that the condition 
        giving rise to the conviction has been corrected.
          (3) Inclusion of substantive violation.--In the case of a 
        conviction arising under paragraph (2) of section 211113(d) of 
        this title, the condition giving rise to the conviction also 
        shall be considered to include any substantive violation of 
        this division associated with the violation of that paragraph.
          (4) Other facilities.--The Administrator may extend the 
        prohibition under paragraph (1) to other facilities owned or 
        operated by the convicted person.
  (b) Notification Procedures.--The Administrator shall establish 
procedures to provide all Federal agencies with the notification 
necessary for the purposes of subsection (a).
  (c) Federal Agency Contracts.--To implement the purposes and policy 
of this division to protect and enhance the quality of the Nation's 
air, the President shall cause to be issued an order that--
          (1) requires each Federal agency authorized to enter into 
        contracts and each Federal agency that is empowered to extend 
        Federal assistance by way of grant, loan, or contract to 
        effectuate the purpose and policy of this division in such 
        contracting or assistance activities; and
          (2) sets forth procedures, sanctions, penalties, and such 
        other provisions as the President determines to be necessary to 
        carry out that requirement.
  (d) Exemptions.--The President--
          (1) may exempt any contract, loan, or grant from all or part 
        of this section where the President determines that an 
        exemption is necessary in the paramount interest of the United 
        States; and
          (2) shall notify Congress of the exemption.
Sec. 209102. Mandatory patent licensing
  (a) In General.--Whenever the Attorney General determines, on 
application of the Administrator--
          (1) that--
                  (A) in the implementation of requirement of section 
                211111, 211112, or 221102 of this title, a right under 
                any United States letters patent that is being used or 
                intended for public or commercial use and that is not 
                otherwise reasonably available is necessary to enable 
                any person required to comply with the requirement to 
                comply with the requirement; and
                  (B) there are no reasonable alternative methods to 
                accomplish that purpose; and
          (2) that the unavailability of that right may result in a 
        substantial lessening of competition or tendency to create a 
        monopoly in any line of commerce in any section of the country;
the Attorney General may so certify to a United States district court, 
which may issue an order requiring the person that owns the patent to 
license it on such reasonable terms and conditions as the court, after 
hearing, may determine.
  (b) Where Certification May Be Made.--Certification under subsection 
(a) may be made to the United States district court for the district in 
which the person owning the patent resides, does business, or is found.
Sec. 209103. Policy review
  (a) Environmental Impact.--The Administrator shall review and comment 
in writing on the environmental impact of any matter relating to duties 
and responsibilities granted pursuant to this division or other 
provisions of the authority of the Administrator, contained in any--
          (1) legislation proposed by any Federal department or agency;
          (2) newly authorized Federal projects for construction and 
        any major Federal agency action (other than a project for 
        construction) to which section 105202(a)(2)(C) of this title 
        applies; and
          (3) proposed regulations published by any department or 
        agency of the Federal Government.
  (b) Written Comment.--Written comment under subsection (a) shall be 
made public at the conclusion of any review under subsection (a).
  (c) Unsatisfactory Legislation, Action, or Regulation.--If the 
Administrator determines that any legislation, action, or regulation 
described in subsection (a) is unsatisfactory from the standpoint of 
public health or welfare or environmental quality--
          (1) the Administrator shall publish the determination; and
          (2) the matter shall be referred to the Council on 
        Environmental Quality.
Sec. 209104. Other authority and responsibilities
  (a) In General.--Except as provided in subsection (b), this division 
shall not be construed as superseding or limiting the authorities and 
responsibilities, under any other provision of law, of the 
Administrator or any other Federal officer, department, or agency.
  (b) Nonduplication of Appropriations.--No appropriation shall be 
authorized or made under section 301, 311, or 314 of the Public Health 
Service Act (42 U.S.C. 241, 243, 246) for any purpose for which 
appropriations may be made under this division.
Sec. 209105. Records and audit
  (a) Recipients of Assistance To Keep Prescribed Records.--A recipient 
of assistance under this division shall keep such records as the 
Administrator shall prescribe, including--
          (1) records that fully disclose--
                  (A) the amount and disposition by the recipient of 
                the proceeds of the assistance;
                  (B) the total cost of the project or undertaking in 
                connection with which the assistance is given or used; 
                and
                  (C) the amount of the portion of the cost of the 
                project or undertaking that is supplied by other 
                sources; and
          (2) such other records as will facilitate an effective audit.
  (b) Audits.--The Administrator and the Comptroller General of the 
United States, or any of their duly authorized representatives, shall 
have access for the purpose of audit and examinations to any records of 
a recipient of assistance under this division that are pertinent to the 
assistance received under this division.
Sec. 209106. Labor standards
  (a) In General.--The Administrator shall take such action as may be 
necessary to ensure that all laborers and mechanics employed by 
contractors or subcontractors on projects assisted under this division 
are paid wages at rates not less than those prevailing for the same 
type of work on similar construction in the locality as determined by 
the Secretary of Labor, in accordance with sections 3141 to 3144, 3146, 
and 3147 of title 40.
  (b) Authority of the Secretary of Labor.--The Secretary of Labor 
shall have, with respect to the labor standards specified in this 
subsection (a), the authority and functions set forth in Reorganization 
Plan No. 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40.
Sec. 209107. Sewage treatment grants
  (a) Construction.--No grant that the Administrator is authorized to 
make to any applicant for construction of sewage treatment works in any 
area in any State may be withheld, conditioned, or restricted by the 
Administrator on the basis of any requirement of this division except 
as provided in subsection (b).
  (b) Withholding, Conditioning, or Restricting of Grants.--
          (1) In general.--The Administrator may withhold, condition, 
        or restrict the making of any grant described in subsection (a) 
        only if the Administrator determines that--
                  (A) the treatment works will not comply with 
                applicable standards under section 211111 or 211112 of 
                this title;
                  (B) the State does not have in effect, or is not 
                carrying out, a State implementation plan approved by 
                the Administrator that expressly quantifies and 
                provides for the increase in emissions of each air 
                pollutant from stationary and mobile sources in any 
                area to which chapter 213 or 215 applies for that 
                pollutant, which increase may reasonably be anticipated 
                to result directly or indirectly from the new sewage 
                treatment capacity that would be created by the 
                construction;
                  (C) the construction of the treatment works would 
                create new sewage treatment capacity that--
                          (i) may reasonably be anticipated to cause or 
                        contribute, directly or indirectly, to an 
                        increase in emissions of any air pollutant in 
                        excess of the increase provided for under the 
                        provisions described in subparagraph (B) for 
                        any such area; or
                          (ii) would otherwise not be in conformity 
                        with the applicable implementation plan; or
                  (D) the increase in emissions would interfere with, 
                or be inconsistent with, the applicable implementation 
                plan for any other State.
          (2) Increase in emissions of air pollutant from stationary 
        and mobile sources in an area to which chapter 215 applies.--In 
        the case of construction of a treatment works that would 
        result, directly or indirectly, in an increase in emissions of 
        any air pollutant from stationary and mobile sources in an area 
        to which chapter 215 applies, the quantification of emissions 
        described in paragraph (1)(B) shall include the emissions of 
        any such pollutant resulting directly or indirectly from 
        areawide and nonmajor stationary source growth (mobile and 
        stationary) for each such area.
  (c) Chapter 105.--Nothing in this section shall be construed to--
          (1) amend or alter any provision of chapter 105; or
          (2) affect any determination as to whether or not the 
        requirements of that chapter have been met in the case of the 
        construction of any sewage treatment works.
Sec. 209108. Economic impact assessment
  (a) Actions to Which This Section Applies.--
          (1) In general.--This section applies to action of the 
        Administrator in promulgating or revising (subject to paragraph 
        (2))--
                  (A) any new source standard of performance under 
                section 211111 of this title;
                  (B) any regulation under section 211111(d) of this 
                title;
                  (C) any regulation under subdivision 7;
                  (D) any regulation under chapter 213;
                  (E) any regulation establishing emission standards 
                under section 221102 of this title and any other 
                regulation promulgated under that section;
                  (F) any regulation controlling or prohibiting any 
                fuel or fuel additive under section 221111(d) of this 
                title; and
                  (G) any aircraft emission standard under section 
                223102 of this title.
          (2) Limitation.--Nothing in this section shall apply to any 
        standard or regulation described in paragraph (1) unless the 
        notice of proposed rulemaking in connection with the standard 
        or regulation is published in the Federal Register. In the case 
        of a revision of such a standard or regulation, this section 
        shall apply only to a revision that the Administrator 
        determines to be a substantial revision.
  (b) Preparation of Assessment by Administrator.--
          (1) In general.--Before publication of notice of proposed 
        rulemaking with respect to any standard or regulation to which 
        this section applies, the Administrator shall prepare an 
        economic impact assessment respecting the standard or 
        regulation.
          (2) Inclusion in docket.--An economic impact assessment under 
        paragraph (1) shall be included in the docket required under 
        section 203102(d)(3) of this title and shall be available to 
        the public as provided in section 203102(d)(5) of this title. 
        The notice of proposed rulemaking shall include notice of such 
        availability and an explanation of the extent to which and 
        manner in which the Administrator has considered the analysis 
        contained in the economic impact assessment in proposing the 
        action.
          (3) Explanation.--The Administrator shall provide an 
        explanation described in paragraph (2) in the Administrator's 
        notice of promulgation of any regulation or standard described 
        in subsection (a). Each such explanation shall be part of the 
        statements of basis and purpose required under paragraphs (4) 
        and (8) of section 203102(d) of this title.
  (c) Analysis.--
          (1) In general.--Subject to subsection (d), the economic 
        impact assessment required under this section with respect to 
        any standard or regulation shall contain an analysis of--
                  (A) the costs of compliance, including the extent to 
                which the costs of compliance will vary depending on--
                          (i) the effective date; and
                          (ii) the development of less expensive, more 
                        efficient means or methods of compliance;
                  (B) the potential inflationary or recessionary 
                effects;
                  (C) the effects on competition with respect to small 
                business;
                  (D) the effects on consumer costs; and
                  (E) the effects on energy use.
          (2) Effect of section.--Nothing in this section shall be 
        construed to provide that the analysis of the factors specified 
        in this subsection affects or alters the factors that the 
        Administrator is required to consider in taking any action 
        described in subsection (a).
  (d) Extensiveness of Assessment.--An economic impact assessment 
required under this section shall be as extensive as practicable, in 
the judgment of the Administrator, taking into account the time and 
resources available to EPA and other duties and authorities that the 
Administrator is required to carry out under this division.
  (e) Effect of Section.--Nothing in this section shall be construed--
          (1) to alter the basis on which a standard or regulation is 
        promulgated under this division;
          (2) to preclude the Administrator from carrying out the 
        Administrator's responsibility under this division to protect 
        public health and welfare; or
          (3) to authorize or require any judicial review of any such 
        standard or regulation, or any stay or injunction of the 
        proposal, promulgation, or effectiveness of the standard or 
        regulation on the basis of failure to comply with this section.
  (f) Citizen Suits.--
          (1) Nondiscretionary duties.--The requirements imposed on the 
        Administrator under this section shall be treated as 
        nondiscretionary duties for purposes of section 203104(b)(2) of 
        this title.
          (2) Sole method of enforcement.--The sole method for 
        enforcement of the Administrator's duty under this section 
        shall be by bringing a civil action under section 203104(b)(2) 
        of this title for a court order to compel the Administrator to 
        perform the duty. Violation of any such order shall subject the 
        Administrator to penalties for contempt of court.
  (g) Costs.--In the case of any provision of this division in which 
costs are expressly required to be taken into account, the adequacy or 
inadequacy of any assessment required under this section may be taken 
into consideration, but shall not be treated for purposes of judicial 
review of any such provision as conclusive with respect to compliance 
or noncompliance with the requirement of the provision to take cost 
into account.
Sec. 209109. Air quality monitoring
  (a) In General.--
          (1) Regulations.--After notice and opportunity for public 
        hearing, the Administrator shall promulgate regulations 
        establishing an air quality monitoring system throughout the 
        United States that--
                  (A) utilizes uniform air quality monitoring criteria 
                and methodology and measures the air quality according 
                to a uniform air quality index;
                  (B) provides for air quality monitoring stations in 
                major urban areas and other appropriate areas 
                throughout the United States to provide monitoring such 
                as will supplement (but not duplicate) air quality 
                monitoring carried out by the States required under any 
                applicable implementation plan;
                  (C) provides for daily analysis and reporting of air 
                quality based on the uniform air quality index; and
                  (D) provides for recordkeeping with respect to the 
                monitoring data and for periodic analysis and reporting 
                to the general public by the Administrator with respect 
                to air quality based on the data.
          (2) Operation.--The operation of the air quality monitoring 
        system may be carried out by the Administrator or by such other 
        departments, agencies, or entities of the Federal Government 
        (including the National Weather Service) as the President 
        considers appropriate. Any air quality monitoring system 
        required under any applicable implementation plan under section 
        211110 of this title shall, as soon as practicable following 
        promulgation of regulations under this section, utilize the 
        standard criteria and methodology, and measure air quality 
        according to the standard index, established under the 
        regulations.
  (b) Air Quality Monitoring Data Influenced by Exceptional Events.--
          (1) Definition of exceptional event.--In this section:
                  (A) In general.--The term ``exceptional event'' means 
                an event that--
                          (i) affects air quality;
                          (ii) is not reasonably controllable or 
                        preventable;
                          (iii) is caused by human activity that is 
                        unlikely to recur at a particular location or 
                        is a natural event; and
                          (iv) is determined by the Administrator 
                        through the process established in the 
                        regulations promulgated under paragraph (2) to 
                        be an exceptional event.
                  (B) Exclusions.--The term ``exceptional event'' does 
                not include--
                          (i) stagnation of air masses or 
                        meteorological inversions;
                          (ii) a meteorological event involving high 
                        temperatures or lack of precipitation; or
                          (iii) air pollution relating to source 
                        noncompliance.
          (2) Regulations.--
                  (A) Proposed regulations.--After consultation with 
                Federal land managers and State air pollution control 
                agencies, the Administrator shall publish in the 
                Federal Register proposed regulations governing the 
                review and handling of air quality monitoring data 
                influenced by exceptional events.
                  (B) Final regulations.--Not later than 1 year after 
                the date on which the Administrator publishes proposed 
                regulations under subparagraph (A), and after providing 
                an opportunity for interested persons to make oral 
                presentations of views, data, and arguments regarding 
                the proposed regulations, the Administrator shall 
                promulgate final regulations governing the review and 
                handling of air quality monitoring data influenced by 
                an exceptional event that are consistent with paragraph 
                (3).
          (3) Principles and requirements.--
                  (A) Principles.--In promulgating regulations under 
                this section, the Administrator shall follow the 
                principles that--
                          (i) protection of public health is the 
                        highest priority;
                          (ii) timely information should be provided to 
                        the public in any case in which the air quality 
                        is unhealthy;
                          (iii) all ambient air quality data should be 
                        included in a timely manner, in an appropriate 
                        Federal air quality database that is accessible 
                        to the public;
                          (iv) each State must take necessary measures 
                        to safeguard public health regardless of the 
                        source of the air pollution; and
                          (v) air quality data should be carefully 
                        screened to ensure that events not likely to 
                        recur are represented accurately in all 
                        monitoring data and analyses.
                  (B) Requirements.--Regulations promulgated under this 
                section shall, at a minimum, provide that--
                          (i) the occurrence of an exceptional event 
                        must be demonstrated by reliable, accurate data 
                        that are promptly produced and provided by 
                        Federal, State, or local government agencies;
                          (ii) a clear causal relationship must exist 
                        between the measured exceedances of a NAAQS and 
                        the exceptional event to demonstrate that the 
                        exceptional event caused a specific air 
                        pollution concentration at a particular air 
                        quality monitoring location;
                          (iii) there is a public process for 
                        determining whether an event is an exceptional 
                        event; and
                          (iv) there are criteria and procedures for 
                        the Governor of a State to petition the 
                        Administrator to exclude air quality monitoring 
                        data that are directly due to exceptional 
                        events from use in determinations by the 
                        Administrator with respect to exceedances or 
                        violations of the NAAQSes.
Sec. 209110. Air quality modeling
  (a) Conferences.--At least every 3 years, the Administrator shall 
conduct a conference on air quality modeling. In conducting a 
conference, special attention shall be given to appropriate modeling 
necessary for carrying out chapter 213.
  (b) Conferees.--A conference conducted under this section shall 
provide for participation by the National Academy of Sciences, 
representatives of State and local air pollution control agencies, and 
appropriate Federal agencies, including the National Science 
Foundation, the National Oceanic and Atmospheric Administration, and 
the National Institute of Standards and Technology.
  (c) Comments; Transcripts.--Interested persons shall be permitted to 
submit written comments, and a verbatim transcript of the conference 
proceedings shall be maintained. The comments and transcript shall be 
included in the docket required to be established for purposes of 
promulgating or revising any regulation relating to air quality 
modeling under chapter 213.
Sec. 209111. Employment effects
  (a) Continuous Evaluation of Potential Loss or Shifts of 
Employment.--The Administrator shall conduct continuing evaluations of 
potential loss or shifts of employment that may result from the 
administration or enforcement of the provision of this division and 
applicable implementation plans, including, where appropriate, 
investigating threatened plant closures or reductions in employment 
allegedly resulting from such administration or enforcement.
  (b) Investigation.--
          (1) Request for investigation.--Any employee, or any 
        representative of an employee, who is discharged or laid off, 
        threatened with discharge or layoff, or whose employment is 
        otherwise adversely affected or threatened to be adversely 
        affected because of the alleged results of any requirement 
        imposed or proposed to be imposed under this division, 
        including any requirement applicable to Federal facilities and 
        any requirement imposed by a State or political subdivision of 
        a State, may request the Administrator to investigate the 
        matter. Any such request shall be in writing, shall set forth 
        with reasonable particularity the grounds for the request, and 
        shall be signed by the employee (or representative of the 
        employee) making the request.
          (2) Investigation.--On the making of a request under 
        paragraph (1), the Administrator shall investigate the matter 
        and, at the request of any party, shall hold public hearings on 
        not less than 5 days' notice. At the hearings, the 
        Administrator shall require the parties, including the employer 
        of the employee, to present information relating to the actual 
        or potential effect of a requirement described in paragraph (1) 
        on employment and the detailed reasons or justification for the 
        requirements. If the Administrator determines that there are no 
        reasonable grounds for conducting a public hearing, the 
        Administrator shall notify (in writing) the party requesting a 
        hearing of the determination and the reasons for the 
        determination. If the Administrator convenes a hearing, the 
        hearing shall be on the record.
          (3) Findings and recommendations.--
                  (A) In general.--On receiving the report of an 
                investigation under paragraph (2), the Administrator 
                shall--
                          (i) make findings of fact as to the effect of 
                        the requirements on employment and on the 
                        alleged actual or potential discharge, layoff, 
                        or other adverse effect on employment; and
                          (ii) make such recommendations as the 
                        Administrator considers appropriate.
                  (B) Public availability.--The report, findings, and 
                recommendations shall be available to the public.
  (c) Subpoenas; Oaths.--
          (1) In general.--In connection with any investigation or 
        public hearing conducted under subsection (b), the 
        Administrator may--
                  (A) issue subpoenas for the attendance and testimony 
                of witnesses and the production of relevant records; 
                and
                  (B) administer oaths.
          (2) Trade secrets; secret processes.--Except for emission 
        data, on a showing satisfactory to the Administrator by an 
        owner or operator that records or information or any particular 
        part thereof, if made public, would divulge trade secrets or 
        secret processes of the owner or operator, the Administrator 
        shall consider the record, report, or information or particular 
        part thereof confidential in accordance with section 1905 of 
        title 18, except that the record or information may be 
        disclosed--
                  (A) to other officers, employees, or authorized 
                representatives of the United States concerned with 
                carrying out this division; or
                  (B) when relevant in any proceeding under this 
                division.
          (3) Payment of witnesses.--A witness summoned shall be paid 
        the same fees and mileage that are paid witnesses in the courts 
        of the United States.
          (4) Contumacy; refusal to obey subpoena.--In a case of 
        contumacy or refusal to obey a subpoena served on any person 
        under paragraph (1)--
                  (A) the United States district court for any district 
                in which the person is found or resides or transacts 
                business, on application by the United States and after 
                notice to the person, shall have jurisdiction to issue 
                an order requiring the person to appear and give 
                testimony before the Administrator and to appear and 
                produce records before the Administrator; and
                  (B) any failure to obey such a court order may be 
                punished by the court as a contempt of court.
  (d) Limitations on Construction of Section.--Nothing in this section 
shall be construed to require or authorize the Administrator, a State, 
or a political subdivision of a State to modify or withdraw any 
requirement imposed or proposed to be imposed under this division.
Sec. 209112. Employee protection
  (a) No Discharge or Discrimination.--No employer may discharge or 
otherwise discriminate against any employee with respect to the 
employee's compensation, terms, conditions, or privileges of employment 
because the employee (or any person acting pursuant to a request of the 
employee)--
          (1) commenced, caused to be commenced, or is about to 
        commence or cause to be commenced a proceeding under this 
        division or a proceeding for the administration or enforcement 
        of any requirement imposed under this division or under any 
        applicable implementation plan;
          (2) testified or is about to testify in any such proceeding; 
        or
          (3) assisted or participated or is about to assist or 
        participate in any manner in such a proceeding or in any other 
        action to carry out this division.
  (b) Investigation.--
          (1) Complaint.--An employee who believes that the employee 
        has been discharged or otherwise discriminated against by any 
        person in violation of subsection (a) may, within 30 days after 
        the violation occurs, file (or have any person file on the 
        employee's behalf) a complaint with the Secretary of Labor 
        (referred to in this subsection as the ``Secretary'') alleging 
        the discharge or discrimination. On receipt of the complaint, 
        the Secretary shall notify the person named in the complaint of 
        the filing of the complaint.
          (2) Investigation.--On receipt of a complaint under paragraph 
        (1), the Secretary shall conduct an investigation of the 
        violation alleged in the complaint. Within 30 days of the 
        receipt of the complaint, the Secretary shall complete the 
        investigation and shall notify in writing the complainant (and 
        any person acting in the complainant's behalf) and the person 
        alleged to have committed the violation of the results of the 
        investigation.
          (3) Order.--
                  (A) In general.--Within 90 days after receipt of a 
                complaint under paragraph (1), the Secretary shall, 
                unless the proceeding on the complaint is terminated by 
                the Secretary on the basis of a settlement entered into 
                by the Secretary and the person alleged to have 
                committed the violation, issue an order providing the 
                relief prescribed by subparagraph (B) or denying the 
                relief. An order of the Secretary shall be made on the 
                record after notice and opportunity for public hearing. 
                The Secretary may not enter into a settlement 
                terminating a proceeding on a complaint without the 
                participation and consent of the complainant.
                  (B) Relief.--If, in response to a complaint under 
                paragraph (1), the Secretary determines that a 
                violation of subsection (a) has occurred, the 
                Secretary--
                          (i) shall order the person that committed the 
                        violation to--
                                  (I) take affirmative action to abate 
                                the violation; and
                                  (II) reinstate the complainant to the 
                                complainant's former position together 
                                with the compensation (including back 
                                pay), terms, conditions, and privileges 
                                of the complainant's employment; and
                          (ii) may order the person to provide 
                        compensatory damages to the complainant.
          (4) Costs and expenses.--If an order is issued under 
        paragraph (3), the Secretary, at the request of the 
        complainant, shall assess against the person against which the 
        order is issued a sum equal to the aggregate amount of all 
        costs and expenses (including attorney's fees and expert 
        witness's fees) reasonably incurred, as determined by the 
        Secretary, by the complainant for, or in connection with, the 
        bringing of the complaint on which the order is issued.
  (c) Review.--
          (1) In general.--Any person adversely affected or aggrieved 
        by an order issued under subsection (b)(3) may obtain review of 
        the order in the United States court of appeals for the circuit 
        in which the violation, with respect to which the order was 
        issued, allegedly occurred. The petition for review must be 
        filed within 60 days from the issuance of the Secretary's 
        order. Review shall conform to chapter 7 of title 5. The 
        commencement of proceedings under this subsection shall not, 
        unless ordered by the court, operate as a stay of the 
        Secretary's order.
          (2) No other review.--An order of the Secretary with respect 
        to which review could have been obtained under paragraph (1) 
        shall not be subject to judicial review in any criminal or 
        other civil proceeding.
  (d) Enforcement of Order by Secretary.--Whenever a person has failed 
to comply with an order issued under subsection (b)(3), the Secretary 
may file a civil action in the United States district court for the 
district in which the violation was found to occur to enforce the 
order. In a civil action brought under this subsection, the district 
court shall have jurisdiction to grant all appropriate relief, 
including injunctive relief, compensatory damages, and exemplary 
damages.
  (e) Enforcement of Order by Person on Whose Behalf Order Was 
Issued.--
          (1) In general.--Any person on whose behalf an order was 
        issued under subsection (b)(3) may commence a civil action 
        against the person to which the order was issued to require 
        compliance with the order. The appropriate United States 
        district court shall have jurisdiction, without regard to the 
        amount in controversy or the citizenship of the parties, to 
        enforce the order.
          (2) Costs.--In issuing any final order under this subsection, 
        a court may award costs of litigation (including reasonable 
        attorney's fees and expert witness's fees) to any party 
        whenever the court determines that such an award is 
        appropriate.
  (f) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28.
  (g) Deliberate Violation by Employee.--Subsection (a) shall not apply 
with respect to any employee who, acting without direction from the 
employee's employer (or the employer's agent), deliberately causes a 
violation of any requirement of this division.
Sec. 209113. Cost of vapor recovery equipment
  (a) Costs To Be Borne by Owner of Retail Outlet.--The regulations 
under this division applicable to vapor recovery with respect to mobile 
source fuels at retail outlets of such fuels shall provide that the 
cost of procurement and installation of the vapor recovery shall be 
borne by the owner of the outlet (as determined under the regulations). 
Except as provided in subsection (b), the regulations shall provide 
that no lease of a retail outlet by the owner thereof may provide for a 
payment by the lessee of the cost of procurement and installation of 
vapor recovery equipment. The regulations shall provide that the cost 
of procurement and installation of vapor recovery equipment may be 
recovered by the owner of the outlet by means of price increases in the 
cost of any product sold by the owner, notwithstanding any provision of 
law.
  (b) Payment by Lessee.--The regulations of the Administrator 
described in subsection (a) shall permit a lease of a retail outlet to 
provide for payment by the lessee of the cost of procurement and 
installation of vapor recovery equipment over a reasonable period (as 
determined in accordance with the regulations) if the owner of the 
outlet does not sell, trade in, or otherwise dispense any product at 
wholesale or retail at the outlet.
Sec. 209114. Vapor recovery for independent small business marketers of 
                    gasoline
  (a) Definitions.--In this section:
          (1) Control.--The term ``control'', in reference to control 
        of a corporation, means ownership of more than 50 percent of 
        the stock of the corporation.
          (2) Independent small business marketer of gasoline.--The 
        term ``independent small business marketer of gasoline'' means 
        a person engaged in the marketing of gasoline that would be 
        required to pay for procurement and installation of vapor 
        recovery equipment under section 209113 of this title or under 
        regulations of the Administrator, unless the person--
                  (A)(i) is a refiner;
                  (ii) controls, is controlled by, or is under common 
                control with, a refiner; or
                  (iii) is otherwise directly or indirectly affiliated 
                (as determined under the regulations of the 
                Administrator) with a refiner or with a person that 
                controls, is controlled by, or is under a common 
                control with a refiner (unless the sole affiliation is 
                by means of a supply contract or an agreement or 
                contract to use a trademark, trade name, service mark, 
                or other identifying symbol or name owned by the 
                refiner or any such person); or
                  (B) receives less than 50 percent of the person's 
                annual income from refining or marketing of gasoline.
          (3) Refiner.--The term ``refiner'' does not include a refiner 
        the total refinery capacity of which (including the refinery 
        capacity of any person that controls, is controlled by, or is 
        under common control with, the refiner) does not exceed 65,000 
        barrels per day.
  (b) Marketers of Gasoline.--The regulations under this division 
applicable to vapor recovery from fueling of motor vehicles at retail 
outlets of gasoline shall not apply to any outlet owned by an 
independent small business marketer of gasoline having monthly sales of 
less than 50,000 gallons.
  (c) State Requirements.--Nothing in subsection (a) shall be construed 
to prohibit any State from adopting or enforcing, with respect to 
independent small business marketers of gasoline having monthly sales 
of less than 50,000 gallons, any vapor recovery requirements for mobile 
source fuels at retail outlets. Any vapor recovery requirement that is 
adopted by a State and submitted to the Administrator as part of its 
implementation plan may be approved and enforced by the Administrator 
as part of the applicable implementation plan for that State.
Sec. 209115. Exemptions for certain territories
  (a) Exemption on Petition.--
          (1) In general.--On petition by the Governor of Guam, 
        American Samoa, the Virgin Islands, or the Northern Mariana 
        Islands, the Administrator may exempt any person or source or 
        class of persons or sources in that territory or commonwealth 
        from any requirement under this division other than--
                  (A) section 211112 of this title; or
                  (B) any requirement under section 211110 of this 
                title or chapter 215 necessary to attain or maintain a 
                primary NAAQS.
          (2) Basis for exemption.--An exemption may be granted under 
        paragraph (1) if the Administrator finds that compliance with 
        the requirement is not feasible or is unreasonable due to 
        unique geographical, meteorological, or economic factors of the 
        territory or commonwealth or to such other local factors as the 
        Administrator considers significant.
          (3) Consideration.--A petition under paragraph (1) shall be 
        considered in accordance with section 203102(d) of this title, 
        and any exemption under this subsection shall be considered to 
        be final action by the Administrator for the purposes of 
        section 203102(b) of this title.
          (4) Notification.--The Administrator shall promptly notify 
        the Committee on Energy and Commerce and Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Environment and Public Works and Committee on Energy and 
        Natural Resources of the Senate on receipt of a petition under 
        this subsection and of the approval or rejection of the 
        petition and the basis for the action.
  (b) Exemption of Certain Powerplant.--
          (1) In general.--Notwithstanding any other provision of this 
        division, any fossil fuel-fired steam electric powerplant 
        operating within Guam as of December 8, 1983, is exempted 
        from--
                  (A) any requirement of the new source performance 
                standards relating to sulfur dioxide promulgated under 
                section 211111 of this title as of December 8, 1983; 
                and
                  (B) any regulation relating to sulfur dioxide 
                standards or limitations contained in a State 
                implementation plan approved under section 211110 of 
                this title as of December 8, 1983, except as provided 
                in paragraph (2).
          (2) Expiration.--The exemptions under paragraph (1) shall 
        expire unless the Administrator determines that the powerplant 
        described in paragraph (1) is making all emission reductions 
        practicable to prevent exceedances of the NAAQSes for sulfur 
        dioxide.
Sec. 209116. Air pollution from Outer Continental Shelf activities
  (a) Definitions.--In this section:
          (1) Corresponding onshore area.--
                  (A) In general.--The term ``corresponding onshore 
                area'' means, with respect to any OCS source, the 
                onshore attainment or nonattainment area that is 
                closest to the source, unless the Administrator 
                determines that another area with more stringent 
                requirements with respect to the control and abatement 
                of air pollution may reasonably be expected to be 
                affected by such emissions.
                  (B) Determination.--A determination under 
                subparagraph (A) shall be based on the potential for 
                air pollutants from the OCS source to reach the other 
                onshore area and the potential of such air pollutants 
                to affect the efforts of the other onshore area to 
                attain or maintain any Federal or State ambient air 
                quality standard or to comply with chapter 213.
          (2) Existing ocs source.--The term ``existing OCS source'' 
        means any OCS source other than a new OCS source.
          (3) New ocs source.--The term ``new OCS source'' means an OCS 
        source that is a new source within the meaning of section 
        211111(a) of this title.
          (4) Outer continental shelf.--The term ``Outer Continental 
        Shelf'' has the meaning given the term in section 2 of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331).
          (5) OCS source.--
                  (A) In general.--The term ``OCS source'' means a 
                source on, or in or on water above, the Outer 
                Continental Shelf that is located--
                          (i) offshore of a State along the Pacific, 
                        Arctic, or Atlantic Coast; or
                          (ii) offshore of the State of Florida along 
                        the United States Gulf Coast eastward of 
                        longitude 87 degrees, 30 minutes.
                  (B) Inclusions.--
                          (i) In general.--The term ``OCS source'' 
                        includes any equipment, activity, or facility 
                        that--
                                  (I) emits or has the potential to 
                                emit any air pollutant; and
                                  (II) is regulated or authorized under 
                                the Outer Continental Shelf Lands Act 
                                (43 U.S.C. 1331 et seq.).
                          (ii) Activity.--In clause (i), the term 
                        ``activity'' includes platform and drill ship 
                        exploration, construction, development, 
                        production, processing, and transportation.
                  (C) Exclusions.--The term ``OCS source'' does not 
                include a source on, or in or on water above, the Outer 
                Continental Shelf that is located offshore of the North 
                Slope Borough of Alaska.
  (b) Applicable Requirements for Certain Areas.--
          (1) Requirements to control air pollution.--
                  (A) In general.--After consultation with the 
                Secretary of the Interior and the Commandant of the 
                United States Coast Guard, the Administrator, by 
                regulation, shall establish requirements to control air 
                pollution from OCS sources to attain and maintain 
                Federal and State ambient air quality standards and to 
                comply with chapter 213.
                  (B) Sources located within 25 miles of the seaward 
                boundary of a state.--For OCS sources that are located 
                within 25 miles of the seaward boundary of a State, the 
                requirements under subparagraph (A)--
                          (i) shall be the same as would be applicable 
                        if the source were located in the corresponding 
                        onshore area; and
                          (ii) shall include State and local 
                        requirements for emission controls, emission 
                        limitations, offsets, permitting, monitoring, 
                        testing, and reporting.
                  (C) Updating.--The Administrator shall update the 
                requirements as necessary to maintain consistency with 
                onshore regulations and this division.
          (2) Vessels.--For purposes of this subsection, emissions from 
        any vessel servicing or associated with an OCS source, 
        including emissions while at the OCS source or en route to or 
        from the OCS source within 25 miles of the OCS source, shall be 
        considered emissions from the OCS source.
          (3) Supersedure of other law.--The authority of this 
        subsection shall supersede section 5(a)(8) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1334(a)(8)) but shall 
        not repeal or modify any other Federal, State, or local 
        authority with respect to air quality.
          (4) Treatment as standard.--Each requirement established 
        under this subsection shall be treated, for purposes of 
        sections 203104, 211113, 211114, 211116, and 211119 of this 
        title, as a standard under section 211111 of this title, and a 
        violation of any such requirement shall be considered a 
        violation of section 211111(j) of this title.
          (5) Exemptions.--
                  (A) In general.--The Administrator may exempt an OCS 
                source from a specific requirement in effect under 
                regulations under this subsection if the Administrator 
                finds that compliance with a pollution control 
                technology requirement is technically infeasible or 
                will cause an unreasonable threat to health and safety.
                  (B) Written findings; other requirement.--The 
                Administrator shall make written findings explaining 
                the basis of any exemption issued pursuant to this 
                paragraph and shall impose another requirement equal to 
                or as close in stringency to the original requirement 
                as possible.
                  (C) Offset.--The Administrator shall ensure that any 
                increase in emissions due to the granting of an 
                exemption is offset by reductions in actual emissions, 
                not otherwise required by this division, from the same 
                source or other sources in the area or in the 
                corresponding onshore area.
                  (D) Public notice and comment.--The Administrator 
                shall establish procedures to provide for public notice 
                and comment on exemptions proposed pursuant to this 
                paragraph.
          (6) State procedures.--A State adjacent to an OCS source 
        included under this subsection may promulgate and submit to the 
        Administrator regulations for implementing and enforcing the 
        requirements of this subsection. If the Administrator finds 
        that the State regulations are adequate, the Administrator 
        shall delegate to that State any authority the Administrator 
        has under this division to implement and enforce the 
        requirements. Nothing in this subsection shall prohibit the 
        Administrator from enforcing any requirement of this section.
  (c) Requirements for Other Offshore Areas.--For portions of the 
United States Outer Continental Shelf that are adjacent to the States 
of Alabama, Mississippi, Louisiana, and Texas or to the North Slope 
Borough of Alaska, the Secretary of the Interior shall consult with the 
Administrator to ensure coordination of air pollution control 
regulation for Outer Continental Shelf emissions and emissions in 
adjacent onshore areas.
  (d) Coastal Water.--
          (1) Study report.--The study report under section 211112(m) 
        of this title shall apply to the coastal water of the United 
        States to the same extent and in the same manner as the 
        requirements apply to the Great Lakes, the Chesapeake Bay, and 
        their tributaries.
          (2) Regulatory requirements.--The regulatory requirements of 
        section 211112(m) of this title shall apply to the coastal 
        water of the States that is subject to subsection (b) to the 
        same extent and in the same manner as the requirements apply to 
        the Great Lakes, the Chesapeake Bay, and their tributaries.
Sec. 209117. Demonstration grant program for local governments
  (a) Definitions.--In this section:
          (1) Cost-effective technologies and practices.--The term 
        ``cost-effective technologies and practices'' has the meaning 
        given the term in section 401 of the Energy Independence and 
        Security Act of 2007 (42 U.S.C. 17061).
          (2) Operating cost savings.--The term ``operating cost 
        savings'' has the meaning given the term in section 401 of the 
        Energy Independence and Security Act of 2007 (42 U.S.C. 17061).
  (b) Grant Program.--
          (1) In general.--The Administrator shall establish a 
        demonstration program under which the Administrator shall 
        provide competitive grants to assist local governments (such as 
        municipalities and counties) with respect to local government 
        buildings to--
                  (A) deploy cost-effective technologies and practices; 
                and
                  (B) achieve operational cost savings through the 
                application of cost-effective technologies and 
                practices, as verified by the Administrator.
          (2) Cost sharing.--
                  (A) In general.--The Federal share of the cost of an 
                activity carried out using a grant provided under this 
                section shall be 40 percent.
                  (B) Waiver of non-federal share.--The Administrator 
                may waive up to 100 percent of the local share of the 
                cost of any grant under this section if the 
                Administrator determines, under objective economic 
                criteria established by the Administrator in published 
                guidelines, that the community is economically 
                distressed.
          (3) Maximum amount.--The amount of a grant under this 
        subsection shall not exceed $1,000,000.
  (c) Guidelines.--
          (1) In general.--The Administrator shall issue guidelines to 
        implement the grant program established under subsection (b).
          (2) Requirements.--The guidelines under paragraph (1) shall 
        establish--
                  (A) standards for monitoring and verification of 
                operational cost savings through the application of 
                cost-effective technologies and practices reported by 
                grantees under this section;
                  (B) standards for grantees to implement training 
                programs and provide technical assistance and education 
                relating to the retrofit of buildings using cost-
                effective technologies and practices; and
                  (C) a requirement that each local government that 
                receives a grant under this section shall achieve 
                facility-wide cost savings, through renovation of 
                existing local government buildings using cost-
                effective technologies and practices, of at least 40 
                percent as compared with the baseline operational costs 
                of the buildings before the renovation (as calculated 
                assuming a 3-year, weather-normalized average).
  (d) Compliance With State and Local Law.--Nothing in this section or 
any program carried out using a grant provided under this section 
supersedes or otherwise affects any State or local law, to the extent 
that the State or local law contains a requirement that is more 
stringent than the relevant requirement of this section.
  (e) Reports.--
          (1) In general.--The Administrator shall annually submit to 
        Congress a report that--
                  (A) describes the cost savings achieved and actions 
                taken and recommendations made under this section; and
                  (B) includes any recommendations for further action 
                that the Administrator may have.
          (2) Final report.--The Administrator shall issue a final 
        report at the conclusion of the program that includes findings, 
        a summary of total cost savings achieved, and recommendations 
        for further action.
  (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2007 to 2012.
  (g) Termination.--The program under this section shall terminate on 
September 30, 2012.

          Subdivision 2--Air Pollution Prevention and Control

           Chapter 211--Air Quality And Emission Limitations

Sec.
211101. Findings; purposes; primary goal.
211102. Cooperative activities.
211103. Research, investigation, training, and other activities.
211104. Research relating to fuels and vehicles.
211105. Grants for support of air pollution planning and control 
          programs.
211106. Interstate air quality agencies.
211107. Air quality control regions.
211108. Air quality criteria and control techniques.
211109. National primary and secondary ambient air quality standards.
211110. State implementation plans.
211111. Standards of performance for new stationary sources.
211112. Hazardous air pollutants.
211113. Federal enforcement.
211114. Recordkeeping, inspections, monitoring, and entry.
211115. International air pollution.
211116. Retention of State authority.
211117. Advisory committees.
211118. Control of pollution from Federal facilities.
211119. Noncompliance penalty.
211120. Consultation.
211121. Listing of certain unregulated pollutants.
211122. Stack heights.
211123. Assurance of adequacy of State plans.
211124. Measures to prevent economic disruption or unemployment.
211125. Interstate pollution abatement.
211126. Public notification.
211127. State boards.
211128. Solid waste combustion
211129. Emission factors.
211130. Land use authority.
Sec. 211101. Findings; purposes; primary goal
  (a) Findings.--Congress finds that--
          (1) the predominant part of the Nation's population is 
        located in its rapidly expanding metropolitan and other urban 
        areas, which generally cross the boundary lines of local 
        jurisdictions and often extend into 2 or more States;
          (2) the growth in the amount and complexity of air pollution 
        brought about by urbanization, industrial development, and the 
        increasing use of motor vehicles has resulted in mounting 
        dangers to the public health and welfare, including injury to 
        agricultural crops and livestock, damage to and the 
        deterioration of property, and hazards to air and ground 
        transportation;
          (3) air pollution prevention (that is, the reduction or 
        elimination, through any measures, of the amount of pollutants 
        produced or created at the source) and air pollution control at 
        its source are the primary responsibility of States and local 
        governments; and
          (4) Federal financial assistance and leadership are essential 
        for the development of cooperative Federal, State, regional, 
        and local programs to prevent and control air pollution.
  (b) Purposes.--The purposes of this subdivision are--
          (1) to protect and enhance the quality of the Nation's air 
        resources so as to promote the public health and welfare and 
        the productive capacity of its population;
          (2) to initiate and accelerate a national research and 
        development program to achieve the prevention and control of 
        air pollution;
          (3) to provide technical and financial assistance to State 
        and local governments in connection with the development and 
        execution of their air pollution prevention and control 
        programs; and
          (4) to encourage and assist the development and operation of 
        regional air pollution prevention and control programs.
  (c) Primary Goal.--A primary goal of this division is to encourage or 
otherwise promote reasonable Federal, State, and local governmental 
actions, consistent with this division, for pollution prevention.
Sec. 211102. Cooperative activities
  (a) Interstate Cooperation; Uniform State Laws; State Compacts.--The 
Administrator shall encourage--
          (1) cooperative activities by States and local governments 
        for the prevention and control of air pollution;
          (2) enactment of improved and, so far as practicable in the 
        light of varying conditions and needs, uniform State and local 
        laws relating to the prevention and control of air pollution; 
        and
          (3) the making of agreements and compacts between States for 
        the prevention and control of air pollution.
  (b) Federal Cooperation.--The Administrator shall cooperate with and 
encourage cooperative activities by all Federal departments and 
agencies having functions relating to the prevention and control of air 
pollution, so as to ensure the utilization in the Federal air pollution 
control program of all appropriate and available facilities and 
resources within the Federal Government.
  (c) Consent of Congress to Compacts.--
          (1) In general.--The consent of Congress is given to 2 or 
        more States to negotiate and enter into agreements or compacts, 
        not in conflict with any law or treaty of the United States, 
        for--
                  (A) cooperative effort and mutual assistance for the 
                prevention and control of air pollution and the 
                enforcement of their respective laws relating thereto; 
                and
                  (B) the establishment of such agencies, joint or 
                otherwise, as the States consider desirable for making 
                effective such agreements or compacts.
          (2) No binding effect without approval by congress.--No 
        agreement or compact under paragraph (1) shall be binding or 
        obligatory on any State a party thereto unless and until the 
        agreement or compact is approved by Congress.
          (3) Intent of congress.--It is the intent of Congress that no 
        agreement or compact entered into between States after November 
        21, 1967, that relates to the control and abatement of air 
        pollution in an air quality control region shall provide for 
        participation by a State that is not included (in whole or in 
        part) in that air quality control region.
Sec. 211103. Research, investigation, training, and other activities
  (a) Research and Development Program for Prevention and Control of 
Air Pollution.--
          (1) In general.--The Administrator shall establish a national 
        research and development program for the prevention and control 
        of air pollution.
          (2) Activities.--As part of the program, the Administrator 
        shall--
                  (A) conduct, and promote the coordination and 
                acceleration of, research, investigations, experiments, 
                demonstrations, surveys, and studies relating to the 
                causes, effects (including health and welfare effects), 
                extent, prevention, and control of air pollution;
                  (B) encourage, cooperate with, and render technical 
                services and provide financial assistance to air 
                pollution control agencies and other appropriate public 
                or private agencies, institutions, and organizations, 
                and individuals in the conduct of such activities;
                  (C) conduct investigations and research and make 
                surveys concerning any specific problem of air 
                pollution in cooperation with any air pollution control 
                agency with a view to recommending a solution of the 
                problem, if--
                          (i) the Administrator is requested to do so 
                        by the agency; or
                          (ii) in the Administrator's judgment, the 
                        problem may affect any community or communities 
                        in a State other than that in which the source 
                        of the matter causing or contributing to the 
                        pollution is located;
                  (D) establish technical advisory committees composed 
                of recognized experts in various aspects of air 
                pollution to assist in the examination and evaluation 
                of research progress and proposals and to avoid 
                duplication of research; and
                  (E) conduct and promote coordination and acceleration 
                of training for individuals relating to the causes, 
                effects, extent, prevention, and control of air 
                pollution.
  (b) Activities.--
          (1) In general.--In carrying out subsection (a), the 
        Administrator may--
                  (A) collect and make available, through publications 
                and other appropriate means--
                          (i) the results of research activities and 
                        other activities under subsection (a); and
                          (ii) other information (including appropriate 
                        recommendations by the Administrator in 
                        connection therewith) pertaining to those 
                        research activities and other activities;
                  (B) cooperate with other Federal departments and 
                agencies, with air pollution control agencies, with 
                other public and private agencies, institutions, and 
                organizations, and with any industries involved, in the 
                preparation and conduct of those research activities 
                and other activities;
                  (C) make grants to air pollution control agencies, to 
                other public or nonprofit private agencies, 
                institutions, and organizations, and to individuals, 
                for purposes stated in subsection (a)(2)(A);
                  (D) contract with public or private agencies, 
                institutions, and organizations, and with individuals, 
                without regard to subsection (a) or (b) of section 3324 
                of title 31 or section 6101 of title 5;
                  (E) establish and maintain research fellowships in 
                EPA and at public or nonprofit private educational 
                institutions or research organizations;
                  (F) collect and disseminate, in cooperation with 
                other Federal departments and agencies, and with other 
                public or private agencies, institutions, and 
                organizations having related responsibilities, basic 
                data on chemical, physical, and biological effects of 
                varying air quality and other information pertaining to 
                air pollution and the prevention and control of air 
                pollution;
                  (G) develop effective and practical processes, 
                methods, and prototype devices for the prevention or 
                control of air pollution; and
                  (H) construct facilities, provide equipment, and 
                employ staff as necessary to carry out this division.
          (2) Training.--
                  (A) In general.--In carrying out subsection (a), the 
                Administrator shall--
                          (i) provide training for, and make training 
                        grants to, personnel of air pollution control 
                        agencies and other persons with suitable 
                        qualifications; and
                          (ii) make grants to air pollution control 
                        agencies, to other public or nonprofit private 
                        agencies, institutions, and organizations for 
                        the purposes stated in subsection (a)(2)(E).
                  (B) Fees.--Reasonable fees may be charged for 
                training provided to persons other than personnel of 
                air pollution control agencies, but training shall be 
                provided to personnel of air pollution control agencies 
                without charge.
  (c) Air Pollutant Sampling, Measurement, Monitoring, Analysis, and 
Modeling.--
          (1) In general.--In carrying out subsection (a), the 
        Administrator shall conduct a program of research, testing, and 
        development of methods for sampling, measurement, monitoring, 
        analysis, and modeling of air pollutants.
          (2) Elements.--The program under paragraph (1) shall include 
        the following elements:
                  (A) Consideration of individual air pollutants and 
                complex mixtures of air pollutants and their chemical 
                transformations in the atmosphere.
                  (B) Establishment of a national network to--
                          (i) monitor, collect, and compile data with 
                        quantification of certainty in the status and 
                        trends of air emissions, deposition, air 
                        quality, surface water quality, forest 
                        condition, and impairment of visibility; and
                          (ii) ensure the comparability of air quality 
                        data collected in different States and obtained 
                        from different nations.
                  (C) Development of improved methods and technologies 
                for sampling, measurement, monitoring, analysis, and 
                modeling to increase understanding of the sources of 
                ozone precursors, ozone formation, ozone transport, 
                regional influences on urban ozone, regional ozone 
                trends, and interactions of ozone with other 
                pollutants.
                  (D) Submission of periodic reports to Congress, not 
                less than once every 5 years, that evaluate and assess 
                the effectiveness of air pollution control regulations 
                and programs using monitoring and modeling data 
                obtained pursuant to this subsection.
          (3) Emphasis.--In developing methodologies and technologies 
        under paragraph (2)(C), the Administrator shall place emphasis 
        on techniques that--
                  (A) improve the ability to inventory emissions of 
                volatile organic compounds and nitrogen oxides that 
                contribute to urban air pollution, including 
                anthropogenic and natural sources;
                  (B) improve the understanding of the mechanism 
                through which anthropogenic and biogenic volatile 
                organic compounds react to form ozone and other 
                oxidants; and
                  (C) improve the ability to identify and evaluate 
                region-specific prevention and control options for 
                ozone pollution.
  (d) Environmental Health Effects Research.--
          (1) In general.--The Administrator, in consultation with the 
        Secretary of Health and Human Services, shall conduct a 
        research program on the short-term and long-term effects of air 
        pollutants, including wood smoke, on human health. In 
        conducting the research program, the Administrator--
                  (A) shall conduct studies, including epidemiological, 
                clinical, and laboratory and field studies, as 
                necessary to identify and evaluate exposure to and 
                effects of air pollutants on human health;
                  (B) may utilize, on a reimbursable basis, the 
                facilities of existing Federal scientific laboratories 
                and research centers; and
                  (C) shall consult with other Federal agencies to 
                ensure that similar research being conducted in other 
                agencies is coordinated to avoid duplication.
          (2) Methods and techniques to identify and assess risks.--In 
        conducting the research program, the Administrator shall 
        develop methods and techniques necessary to identify and assess 
        the risks to human health from both routine and accidental 
        exposures to individual air pollutants and combinations of air 
        pollutants.
          (3) Elements.--The research program shall include the 
        following elements:
                  (A) An interagency task force to coordinate the 
                research program.
                  (B) An evaluation of each of the hazardous air 
                pollutants listed under section 211112(b) of this 
                title, to decide, on the basis of available 
                information, their relative priority for preparation of 
                environmental health assessments pursuant to 
                subparagraph (C).
                  (C) Preparation of environmental health assessments 
                for each of the hazardous air pollutants listed under 
                section 211112(b) of this title.
          (4) Task force.--The task force established under paragraph 
        (3)(A) shall include representatives of the National Institute 
        of Environmental Health Sciences, EPA, the Agency for Toxic 
        Substances and Disease Registry, the National Toxicology 
        Program, the National Institute of Standards and Technology, 
        the National Science Foundation, the Surgeon General, and the 
        Department of Energy. The task force shall be chaired by a 
        representative of EPA.
          (5) Evaluation.--The evaluation under paragraph (3)(B) shall 
        be based on reasonably anticipated toxicity to humans and 
        exposure factors such as frequency of occurrence as an air 
        pollutant and volume of emissions in populated areas. The 
        evaluation shall be reviewed by the task force established 
        under paragraph (3)(A).
          (6) Environmental health assessments.--
                  (A) In general.--The Administrator shall prepare an 
                environmental health assessment for each hazardous air 
                pollutant described in subparagraphs (B) and (C) of 
                paragraph (3). Not fewer than 24 environmental health 
                assessments shall be completed and published annually.
                  (B) Guidelines.--An environmental health assessment 
                shall be prepared in accordance with guidelines 
                developed by the Administrator in consultation with the 
                task force established under paragraph (3)(A) and EPA's 
                Science Advisory Board.
                  (C) Contents.--An environmental health assessment 
                shall include--
                          (i) an examination, summary, and evaluation 
                        of available toxicological and epidemiological 
                        information for an air pollutant to ascertain 
                        the levels of human exposure that pose a 
                        significant threat to human health and the 
                        associated acute, subacute, and chronic adverse 
                        health effects;
                          (ii) a determination of gaps in available 
                        information related to human health effects and 
                        exposure levels; and
                          (iii) where appropriate, an identification of 
                        additional activities, including toxicological 
                        and inhalation testing, needed to identify the 
                        types or levels of exposure that may present 
                        significant risk of adverse health effects in 
                        humans.
  (e) Ecosystem Research.--
          (1) In general.--In carrying out subsection (a), the 
        Administrator, in cooperation, where appropriate, with the 
        Under Secretary of Commerce for Oceans and Atmosphere, the 
        Director of the Fish and Wildlife Service, and the Secretary of 
        Agriculture, shall conduct a research program to improve 
        understanding of the short-term and long-term causes, effects, 
        and trends of ecosystems damage from air pollutants on 
        ecosystems.
          (2) Elements.--The program shall include the following 
        elements:
                  (A) Identification of regionally representative and 
                critical ecosystems for research.
                  (B) Evaluation of risks to ecosystems exposed to air 
                pollutants, including characterization of the causes 
                and effects of chronic and episodic exposures to air 
                pollutants and determination of the reversibility of 
                those effects.
                  (C) Development of improved atmospheric dispersion 
                models and monitoring systems and networks for 
                evaluating and quantifying exposure to and effects of 
                multiple environmental stresses associated with air 
                pollution.
                  (D) Evaluation of the effects of air pollution on 
                water quality, including assessments of the short-term 
                and long-term ecological effects of acid deposition and 
                other atmospherically derived pollutants on surface 
                water (including wetland and estuaries) and 
                groundwater.
                  (E) Evaluation of the effects of air pollution on 
                forests, materials, crops, biological diversity, soils, 
                and other terrestrial and aquatic systems exposed to 
                air pollutants.
                  (F) Estimation of the associated economic costs of 
                ecological damage that have occurred as a result of 
                exposure to air pollutants.
          (3) Estuarine research reserves.--Consistent with the purpose 
        of the program, the Administrator may use the estuarine 
        research reserves established pursuant to section 315 of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1461) to carry 
        out the research.
  (f) Liquefied Gaseous Fuels Spill Test Facility.--
          (1) In general.--The Administrator, in consultation with the 
        Secretary of Energy and the Federal Coordinating Council for 
        Science, Engineering, and Technology, shall oversee an 
        experimental and analytical research effort, with the 
        experimental research to be carried out at the Liquefied 
        Gaseous Fuels Spill Test Facility.
          (2) List of chemicals; schedule for field testing.--In 
        consultation with the Secretary of Energy, the Administrator 
        shall develop a list of chemicals and a schedule for field 
        testing at the Liquefied Gaseous Fuels Spill Test Facility.
          (3) Number of chemicals.--Analysis of a minimum of 10 
        chemicals per year shall be carried out, with the selection of 
        a minimum of 2 chemicals for field testing each year.
          (4) Priority.--Highest priority shall be given to chemicals 
        that would present the greatest potential risk to human health 
        as a result of an accidental release--
                  (A) from a fixed site; or
                  (B) related to the transport of the chemicals.
          (5) Purpose.--The purpose of the research shall be to--
                  (A) develop improved predictive models for 
                atmospheric dispersion that, at a minimum--
                          (i) describe dense gas releases in complex 
                        terrain including man-made structures or 
                        obstacles with variable winds;
                          (ii) improve understanding of the effects of 
                        turbulence on dispersion patterns; and
                          (iii) consider realistic behavior of aerosols 
                        by including physicochemical reactions with 
                        water vapor, ground deposition, and removal by 
                        water spray;
                  (B) evaluate existing and future atmospheric 
                dispersion models by--
                          (i) the development of a rigorous, 
                        standardized methodology for dense gas models; 
                        and
                          (ii) the application of the methodology to 
                        current dense gas dispersion models using data 
                        generated from field experiments; and
                  (C) evaluate the effectiveness of hazard mitigation 
                and emergency response technology for fixed site and 
                transportation related accidental releases of toxic 
                chemicals.
          (6) Models.--Models pertaining to accidental release shall be 
        evaluated and improved periodically for their utility in 
        planning and implementing evacuation procedures and other 
        mitigative strategies designed to minimize human exposure to 
        hazardous air pollutants released accidentally.
          (7) Use of facility.--The Secretary of Energy shall make 
        available to interested persons (including other Federal 
        agencies and businesses) the use of the Liquefied Gaseous Fuels 
        Spill Test Facility to conduct research and other activities in 
        connection with the activities described in this subsection.
  (g) Pollution Prevention and Emission Control.--
          (1) In general.--In carrying out subsection (a), the 
        Administrator shall conduct a basic engineering research and 
        technology program to develop, evaluate, and demonstrate 
        nonregulatory strategies and technologies for air pollution 
        prevention.
          (2) Priority; participation.--The strategies and technologies 
        shall be developed with priority on pollutants that pose a 
        significant risk to human health and the environment, and with 
        opportunities for participation by industry, public interest 
        groups, scientists, and other interested persons in the 
        development of the strategies and technologies.
          (3) Elements.--
                  (A) In general.--The program shall include the 
                following elements:
                          (i) Improvements in nonregulatory strategies 
                        and technologies for preventing or reducing 
                        multiple air pollutants, including sulfur 
                        oxides, nitrogen oxides, heavy metals, PM-10 
                        (particulate matter), carbon monoxide, and 
                        carbon dioxide, from stationary sources, 
                        including fossil fuel powerplants.
                          (ii) Improvements in nonregulatory strategies 
                        and technologies for reducing air emissions 
                        from area sources.
                          (iii) Improvements in nonregulatory 
                        strategies and technologies for preventing, 
                        detecting, and correcting accidental releases 
                        of hazardous air pollutants.
                          (iv) Improvements in nonregulatory strategies 
                        and technologies that dispose of tires in ways 
                        that avoid adverse air quality impacts.
                  (B) Prevention or reduction of multiple air 
                pollutants.--The strategies and technologies described 
                in subparagraph (A)(i) shall include improvements in 
                the relative cost effectiveness and long-range 
                implications of various air pollutant reduction and 
                nonregulatory control strategies such as energy 
                conservation, including end-use efficiency, and fuel-
                switching to cleaner fuels. The strategies and 
                technologies shall be considered for existing and new 
                facilities.
          (4) Effect of subsection.--Nothing in this subsection shall 
        be construed to authorize the imposition on any person of air 
        pollution control requirements.
          (5) Consultation.--The Administrator shall consult with other 
        appropriate Federal agencies to ensure coordination and to 
        avoid duplication of activities authorized under this 
        subsection.
  (h) NIEHS Studies.--
          (1) Basic research program.--
                  (A) In general.--The Director of the National 
                Institute of Environmental Health Sciences may conduct 
                a program of basic research to identify, characterize, 
                and quantify risks to human health from air pollutants.
                  (B) Means of research.--The research shall be 
                conducted primarily through a combination of university 
                and medical school-based grants and through intramural 
                studies and contracts.
          (2) Physician education and training program.--The Director 
        of the National Institute of Environmental Health Sciences 
        shall conduct a program for the education and training of 
        physicians in environmental health.
          (3) No conflict.--The Director shall ensure that the programs 
        shall not conflict with research undertaken by the 
        Administrator.
          (4) Authorization of appropriations.--There are authorized to 
        be appropriated to the National Institute of Environmental 
        Health Sciences such sums as are necessary to carry out this 
        subsection.
  (i) Coordination of Research.--
          (1) In general.--The Administrator shall develop and 
        implement a plan for identifying areas in which activities 
        authorized under this section can be carried out in conjunction 
        with other Federal ecological and air pollution research 
        efforts.
          (2) Contents.--The plan shall include--
                  (A) an assessment of ambient monitoring stations and 
                networks to determine cost effective ways to expand 
                monitoring capabilities in both urban and rural 
                environments;
                  (B) a consideration of the extent of the feasibility 
                and scientific value of conducting the research program 
                under subsection (e) to include consideration of the 
                effects of atmospheric processes and air pollution 
                effects; and
                  (C) a methodology for evaluating and ranking 
                pollution prevention technologies, such as those 
                developed under subsection (g), in terms of their 
                ability to reduce cost-effectively the emissions of air 
                pollutants and other airborne chemicals of concern.
          (3) Reports.--Every 4 years, the Administrator shall report 
        to Congress on the progress made in implementing the plan 
        developed under this subsection, and shall include in the 
        report any revisions of the plan.
  (j) National Acid Precipitation Assessment Program.--
          (1) Definitions.--In this subsection:
                  (A) Acid precipitation.--The term ``acid 
                precipitation'' means the wet or dry deposition from 
                the atmosphere of acid chemical compounds.
                  (B) Comprehensive plan.--The term ``comprehensive 
                plan'' means the comprehensive research plan prepared 
                under paragraph (3).
                  (C) Task force.--The term ``Task Force'' means the 
                Acid Precipitation Task Force formed under paragraph 
                (2).
          (2) Task force.--There shall be formed an Acid Precipitation 
        Task Force consisting of the Administrator, the Secretary of 
        Energy, the Secretary of the Interior, the Secretary of 
        Agriculture, the Administrator of the National Oceanic and 
        Atmospheric Administration, the Administrator of the National 
        Aeronautics and Space Administration, and such additional 
        members as the President may select. The President shall 
        appoint a chairman for the Task Force from among its members.
          (3) Convening of task force.--The Task Force shall convene as 
        necessary, but not less than twice during each fiscal year.
          (4) Comprehensive research plan.--
                  (A) In general.--The Task Force shall prepare a 
                comprehensive research plan setting forth a coordinated 
                program--
                           (i) to identify the causes and effects of 
                        acid precipitation; and
                           (ii) to identify actions to limit or 
                        ameliorate the harmful effects of acid 
                        precipitation.
                  (B) Scope.--The comprehensive plan shall include 
                programs for--
                          (i) identifying the sources of atmospheric 
                        emissions contributing to acid precipitation;
                          (ii) establishing and operating a nationwide 
                        long-term monitoring network to detect and 
                        measure levels of acid precipitation;
                          (iii) research in atmospheric physics and 
                        chemistry to facilitate understanding of the 
                        processes by which atmospheric emissions are 
                        transformed into acid precipitation;
                          (iv) development and application of 
                        atmospheric transport models to enable 
                        prediction of long-range transport of 
                        substances causing acid precipitation;
                          (v) defining geographic areas of impact 
                        through deposition monitoring, identification 
                        of sensitive areas, and identification of areas 
                        at risk;
                          (vi) broadening of impact databases through 
                        collection of existing data on water and soil 
                        chemistry and through temporal trend analysis;
                          (vii) development of dose-response functions 
                        with respect to soils, soil organisms, aquatic 
                        and amphibious organisms, crop plants, and 
                        forest plants;
                          (viii) establishing and carrying out system 
                        studies with respect to plant physiology, 
                        aquatic ecosystems, soil chemistry systems, 
                        soil microbial systems, and forest ecosystems;
                          (ix) economic assessments of--
                                  (I) the environmental impacts caused 
                                by acid precipitation on crops, 
                                forests, fisheries, and recreational 
                                and aesthetic resources and structures; 
                                and
                                  (II) alternative technologies to 
                                remedy or otherwise ameliorate the 
                                harmful effects which may result from 
                                acid precipitation;
                          (x) documenting all current Federal 
                        activities related to research on acid 
                        precipitation and ensuring that those 
                        activities are coordinated in ways that prevent 
                        needless duplication and waste of financial and 
                        technical resources;
                          (xi) effecting cooperation in acid 
                        precipitation research and development 
                        programs, ongoing and planned, with the 
                        affected and contributing States and with other 
                        sovereign nations having a commonality of 
                        interest;
                          (xii) subject to subparagraph (E)(i), 
                        management by the Task Force of financial 
                        resources committed to Federal acid 
                        precipitation research and development;
                          (xiii) subject to subparagraph (E)(ii), 
                        management of the technical aspects of Federal 
                        acid precipitation research and development 
                        programs, including--
                                  (I) the planning and management of 
                                research and development programs and 
                                projects;
                                  (II) the selection of contractors and 
                                grantees to carry out the programs and 
                                projects; and
                                  (III) the establishment of peer 
                                review procedures to ensure the quality 
                                of research and development programs 
                                and their products; and
                          (xiv) analyzing the information available 
                        regarding acid precipitation in order to 
                        present periodic recommendations to Congress 
                        and the appropriate agencies about actions to 
                        be taken by Congress and the agencies to 
                        alleviate acid precipitation and its effects.
                  (C) Basis for authorizations and appropriations.--The 
                comprehensive plan shall constitute the basis on which 
                requests for authorizations and appropriations are to 
                be made.
                  (D) Implementation.--The comprehensive plan--
                          (i) shall be carried out in accordance with, 
                        and meet the program objectives specified in, 
                        clauses (i) through (xi) of subparagraph (B);
                          (ii) shall be managed in accordance with 
                        clauses (xii) through (xiv) of subparagraph 
                        (B); and
                          (iii) shall be funded by annual 
                        appropriations, subject to annual 
                        authorizations.
                  (E) Rules of construction.--
                          (i) Management of financial resources.--
                        Subparagraph (B)(xii) shall not be construed as 
                        modifying, or as authorizing the Task Force or 
                        the comprehensive plan to modify, any provision 
                        of an appropriation Act (or any other provision 
                        of law relating to the use of appropriated 
                        funds) that specifies--
                                  (I) the department or agency to which 
                                funds are appropriated; or
                                  (II) the obligations of a department 
                                or agency with respect to the use of 
                                those funds.
                          (ii) Management of technical aspects of 
                        programs.--Subparagraph (B)(xiii) shall not be 
                        construed as modifying, or as authorizing the 
                        Task Force or the comprehensive plan to modify, 
                        any provision of law relating to or involving a 
                        department or agency that specifies--
                                  (I) procurement practices for the 
                                selection, award, or management of 
                                contracts or grants by the department 
                                or agency; or
                                  (II) program activities, limitations, 
                                obligations, or responsibilities of the 
                                department or agency.
          (5) Other responsibilities of the task force.--
                  (A) In general.--The responsibilities of the Task 
                Force shall include the following:
                          (i) Coordination with participating Federal 
                        agencies, augmenting the agencies' research and 
                        monitoring efforts and sponsoring additional 
                        research in the scientific community as 
                        necessary to ensure the availability and 
                        quality of data and methodologies needed to 
                        evaluate the status and effectiveness of the 
                        acid deposition control program.
                          (ii) Publication and maintenance of a 
                        national acid lakes registry that tracks the 
                        condition and change over time of a 
                        statistically representative sample of lakes in 
                        regions that are known to be sensitive to 
                        surface water acidification.
                          (iii) Biennial submission of a unified budget 
                        recommendation to the President for activities 
                        of the Federal Government in connection with 
                        the research program described in this 
                        subsection.
                          (iv) Biennial submission of a report to 
                        Congress describing the results of the Task 
                        Force's investigations and analyses.
                  (B) Research and monitoring efforts.--Research and 
                monitoring efforts under subparagraph (A)(i) shall 
                include--
                          (i) continuous monitoring of emissions of 
                        precursors of acid deposition;
                          (ii) maintenance, upgrading, and application 
                        of models, such as the Regional Acid Deposition 
                        Model, that describe the interactions of 
                        emissions with the atmosphere, and models that 
                        describe the response of ecosystems to acid 
                        deposition; and
                          (iii) analysis of the costs, benefits, and 
                        effectiveness of the acid deposition control 
                        program.
                  (C) Reports.--
                          (i) Technical information.--The reporting of 
                        technical information about acid deposition in 
                        a report under subparagraph (A)(iv) shall be 
                        provided in a format that facilitates 
                        communication with policymakers and the public.
                          (ii) Contents of biennial report.--A report 
                        under subparagraph (A)(iv) shall include--
                                  (I) actual and projected emissions 
                                and acid deposition trends;
                                  (II) average ambient concentrations 
                                of acid deposition precursors and their 
                                transformation products;
                                  (III) the status of ecosystems 
                                (including forests and surface water), 
                                materials, and visibility affected by 
                                acid deposition;
                                  (IV) the causes and effects of such 
                                deposition, including changes in 
                                surface water quality and forest and 
                                soil conditions;
                                  (V) the occurrence and effects of 
                                episodic acidification, particularly 
                                with respect to high elevation 
                                watersheds; and
                                  (VI) the confidence level associated 
                                with each conclusion to aid 
                                policymakers in use of the information.
                          (iii) Additional contents of quadrennial 
                        report.--Every 4 years, a report under 
                        subparagraph (A)(iv) shall include--
                                  (I) the reduction in deposition rates 
                                that must be achieved to prevent 
                                adverse ecological effects; and
                                  (II) the costs and benefits of the 
                                acid deposition control program created 
                                by subdivision 5.
          (6) Effect of subsection.--Nothing in this subsection shall 
        be deemed to--
                  (A) grant any new regulatory authority;
                  (B) limit, expand, or otherwise modify any regulatory 
                authority under existing law; or
                  (C) establish new criteria, standards, or 
                requirements for regulation under existing law.
  (k) Air Pollution Conferences.--
          (1) In general.--If, in the judgment of the Administrator, an 
        air pollution problem of substantial significance may result 
        from discharge or discharges into the atmosphere, the 
        Administrator may call a conference concerning the potential 
        air pollution problem to be held in or near 1 or more of the 
        places where the discharge or discharges are occurring or will 
        occur.
          (2) Opportunity to be heard.--All interested persons shall be 
        given an opportunity to be heard at a conference under 
        paragraph (1), orally or in writing, and shall be permitted to 
        appear in person or by representative in accordance with 
        procedures prescribed by the Administrator.
          (3) Findings.--
                  (A) In general.--If the Administrator finds, on the 
                basis of the evidence presented at a conference, that 
                the discharge or discharges if permitted to take place 
                or continue are likely to cause or contribute to air 
                pollution subject to abatement under this part, the 
                Administrator shall send the findings, together with 
                recommendations concerning the measures that the 
                Administrator finds reasonable and suitable to prevent 
                the pollution, to--
                          (i) the person or persons whose actions will 
                        result in the discharge or discharges;
                          (ii) air pollution agencies of the State or 
                        States and of the municipality or 
                        municipalities where the discharge or 
                        discharges will originate; and
                          (iii) the interstate air pollution control 
                        agency, if any, in the jurisdictional area of 
                        which any such municipality is located.
                  (B) Effect.--Findings and recommendations under 
                subparagraph (A) shall be advisory only, but shall be 
                admitted with the record of the conference as part of 
                the proceedings under subsections (b), (c), (d), (e), 
                and (f) of section 211108 of this title.
Sec. 211104. Research relating to fuels and vehicles
  (a) In General.--
          (1) Special emphasis.--The Administrator shall give special 
        emphasis to research and development into new and improved 
        methods, having industry-wide application, for the prevention 
        and control of air pollution resulting from the combustion of 
        fuels.
          (2) Activities.--In furtherance of research and development 
        under paragraph (1), the Administrator shall--
                  (A) conduct and accelerate research programs directed 
                toward development of improved, cost-effective 
                techniques for--
                          (i) control of combustion byproducts of 
                        fuels;
                          (ii) removal of potential air pollutants from 
                        fuels prior to combustion;
                          (iii) control of emissions from the 
                        evaporation of fuels;
                          (iv) improving the efficiency of fuels 
                        combustion so as to decrease atmospheric 
                        emissions; and
                          (v) producing synthetic or new fuels that, 
                        when used, result in decreased atmospheric 
                        emissions;
                  (B) provide for Federal grants to public or nonprofit 
                agencies, institutions, and organizations and to 
                individuals, and contracts with public or private 
                agencies, institutions, or persons, for payment of--
                          (i) part of the cost of acquiring, 
                        constructing, or otherwise securing for 
                        research and development purposes, new or 
                        improved devices or methods having industrywide 
                        application of preventing or controlling 
                        discharges into the air of various types of 
                        pollutants;
                          (ii) part of the cost of programs to develop 
                        low emission alternatives to the present 
                        internal combustion engine;
                          (iii) the cost to purchase vehicles and 
                        vehicle engines, or portions thereof, for 
                        research, development, and testing purposes; 
                        and
                          (iv) carrying out the other provisions of 
                        this section, without regard to subsection (a) 
                        or (b) of section 3324 of title 31 or section 
                        6101 of title 5;
                  (C) determine, by laboratory and pilot plant testing, 
                the results of air pollution research and studies in 
                order to develop new or improved processes and plant 
                designs to the point where the processes and plant 
                designs can be demonstrated on a large and practical 
                scale;
                  (D) construct, operate, and maintain, or assist in 
                meeting the cost of the construction, operation, and 
                maintenance of, new or improved demonstration plants or 
                processes that have promise of accomplishing the 
                purposes of this division; and
                  (E) study new or improved methods for the recovery 
                and marketing of commercially valuable byproducts 
                resulting from the removal of pollutants.
          (3) Research or demonstration contracts.--A research or 
        demonstration contract awarded pursuant to this subsection 
        (including a contract for construction) may be made in 
        accordance with, and subject to the limitations provided with 
        respect to research contracts of the military departments in, 
        section 2353 of title 10, except that the determination, 
        approval, and certification required by that subsection shall 
        be made by the Administrator.
          (4) Limitation on grant amount.--No grant may be made under 
        paragraph (2)(B) in excess of $1,500,000.
  (b) Powers of Administrator.--In carrying out this section, the 
Administrator may--
          (1) conduct and accelerate research and development of cost-
        effective instrumentation techniques to facilitate 
        determination of the quantity and quality of air pollutant 
        emissions, including automotive emissions;
          (2) utilize, on a reimbursable basis, the facilities of 
        existing Federal scientific laboratories;
          (3) establish and operate necessary facilities and test sites 
        at which to carry on the research, testing, development, and 
        programming necessary to effectuate this section;
          (4) acquire secret processes, technical data, inventions, 
        patent applications, patents, licenses, and interests in land, 
        plants, and facilities, and other property or rights by 
        purchase, license, lease, or donation; and
          (5) cause on-site inspections to be made of promising 
        domestic and foreign projects, and cooperate and participate in 
        their development in instances in which the purposes of this 
        division will be served thereby.
  (c) Clean Alternative Fuels.--The Administrator shall conduct a 
research program to identify, characterize, and predict air emissions 
related to the production, distribution, storage, and use of clean 
alternative fuels to determine the risks and benefits to human health 
and the environment relative to those from using conventional gasoline 
and diesel fuels. The Administrator shall consult with other Federal 
agencies to ensure coordination and to avoid duplication of activities 
authorized under this subsection.
Sec. 211105. Grants for support of air pollution planning and control 
                    programs
  (a) Definition of Implement.--In this section, the term 
``implement'', in the context of implementation of a program or of a 
primary or secondary NAAQS, means to engage in any activity related to 
the planning, developing, establishing, carrying out, improving, or 
maintaining of the program or primary or secondary NAAQS.
  (b) In General.--
          (1) Grants.--
                  (A) In general.--The Administrator may make a grant 
                to an air pollution control agency described in 
                subparagraph (A), (B), (C), (D), or (E) of section 
                201101 of this title in an amount up to \3/5\ of the 
                cost of implementing programs for the prevention and 
                control of air pollution or implementation of primary 
                and secondary NAAQSes.
                  (B) Failure to contribute minimum required amount.--
                Subject to subsections (c) and (d), an air pollution 
                control agency that receives a grant under subparagraph 
                (A) shall contribute the required \2/5\ minimum. If an 
                air pollution control agency fails to meet and maintain 
                the required level, the Administrator shall reduce the 
                amount of the Federal contribution accordingly.
                  (C) Air quality control regions or portions thereof 
                for which there is an applicable implementation plan.--
                With respect to any air quality control region or 
                portion thereof for which there is an applicable 
                implementation plan under section 211110 of this title, 
                a grant under subparagraph (A) may be made only to an 
                air pollution control agency that has substantial 
                responsibilities for carrying out the applicable 
                implementation plan.
          (2) Air pollution control agencies established by 2 or more 
        states or municipalities.--Before approving any grant under 
        this subsection to any air pollution control agency described 
        in subparagraph (B) or (D) of section 201101(2) of this title, 
        the Administrator shall receive assurances that the air 
        pollution control agency--
                  (A) provides for adequate representation of 
                appropriate State, interstate, local, and (when 
                appropriate) international interests in the air quality 
                control region; and
                  (B) has the capability of developing a comprehensive 
                air quality plan for the air quality control region, 
                which plan shall include--
                          (i) (when appropriate) a recommended system 
                        of alerts to avert and reduce the risk of 
                        situations in which there may be imminent and 
                        serious danger to the public health or welfare 
                        from air pollutants; and
                          (ii) the various aspects relevant to the 
                        establishment of air quality standards for that 
                        air quality control region, including the 
                        concentration of industries, other commercial 
                        establishments, population, and naturally 
                        occurring factors that affect those air quality 
                        standards.
  (c) Terms and Conditions; Limitation on Grant Amounts.--
          (1) Terms and conditions.--From the sums available for the 
        purposes of subsection (b) for any fiscal year, the 
        Administrator shall from time to time make grants to air 
        pollution control agencies on such terms and conditions as the 
        Administrator may find necessary to carry out this section. In 
        establishing regulations for the granting of such funds the 
        Administrator shall, so far as practicable, give due 
        consideration to--
                  (A) the population;
                  (B) the extent of the actual or potential air 
                pollution problem; and
                  (C) the financial need of the respective air 
                pollution control agencies.
          (2) Limitation on grant amounts.--Not more than 10 percent of 
        the total of funds appropriated or allocated for the purposes 
        of subsection (b) shall be granted for programs in any 1 State. 
        In the case of a grant for a program in an area crossing State 
        boundaries, the Administrator shall determine the portion of 
        the grant that is chargeable to the percentage limitation under 
        this subsection for each State into which the area extends.
          (3) Minimum amount.--Subject to paragraph (1), no State shall 
        have made available to it for application less than 0.5 percent 
        of the annual appropriation for grants under this section for 
        grants to air pollution control agencies within the State.
  (d) Maintenance of Effort.--
          (1) Expenditures.--
                  (A) In general.--Except as provided in paragraph (2), 
                no air pollution control agency shall receive any grant 
                under this section during any fiscal year when its 
                expenditures of non-Federal funds for recurrent 
                expenditures for air pollution control programs will be 
                less than its expenditures were for such programs 
                during the preceding fiscal year. In order for the 
                Administrator to award grants under this section in a 
                timely manner each fiscal year, the Administrator shall 
                compare an air pollution control agency's prospective 
                expenditure level to that of its 2d preceding fiscal 
                year.
                  (B) Consideration of exemptions.--In prescribing 
                regulations that define applicable nonrecurrent and 
                recurrent expenditures, the Administrator shall give 
                due consideration to exempting an air pollution control 
                agency from the limitations of this paragraph and 
                subsection (b) due to increases experienced by that air 
                pollution control agency from time to time in its 
                annual expenditures for purposes acceptable to the 
                Administrator for that fiscal year.
          (2) Nonselective reduction in expenditures.--The 
        Administrator may award a grant to an air pollution control 
        agency that does not meet the requirements of paragraph (1) if 
        the Administrator, after notice and opportunity for public 
        hearing, determines that a reduction in expenditures is 
        attributable to a nonselective reduction in the expenditures in 
        the programs of all executive branch agencies of the applicable 
        unit of government.
          (3) Use to supplement or increase non-federal funds.--No air 
        pollution control agency shall receive any grant under this 
        section with respect to the maintenance of a program for the 
        prevention and control of air pollution unless the 
        Administrator is satisfied that such a grant will be used to 
        supplement and, to the extent practicable, increase the level 
        of State, local, or other non-Federal funds.
          (4) Consultation.--No grant shall be made under this section 
        until the Administrator has consulted with the appropriate 
        official as designated by the Governor or Governors of the 
        State or States affected.
  (e) Reduction of Payments.--The Administrator, with the concurrence 
of any recipient of a grant under this section, may reduce the payments 
to the recipient by the amount of the pay, allowances, traveling 
expenses, and any other costs in connection with the detail of any 
officer or employee to the recipient under section 203101 of this 
title, when the detail is for the convenience of, and at the request 
of, the recipient and for the purpose of carrying out this division. 
The amount by which such payments have been reduced shall be available 
for payment of such costs by the Administrator, but shall, for the 
purpose of determining the amount of any grant to a recipient under 
subsection (b), be deemed to have been paid to the recipient.
  (f) Notice and Opportunity for Hearing.--No application by a State 
for a grant under this section may be disapproved by the Administrator 
without prior notice and opportunity for a public hearing in the 
affected State, and no commitment or obligation of any funds under any 
such grant may be revoked or reduced without prior notice and 
opportunity for a public hearing in the affected State (or in 1 of the 
affected States if more than 1 State is affected).
Sec. 211106. Interstate air quality agencies
  (a) In General.--For the purpose of developing implementation plans 
for any interstate air quality control region designated pursuant to 
section 211107 of this title or of implementing section 215108 or 
215205 of this title, the Administrator may pay, for 2 years, up to 100 
percent of the air quality planning program costs of--
          (1) any commission established under either of those 
        sections; or
          (2) any agency designated by the Governors of the affected 
        States, which agency--
                  (A) shall be capable of recommending to the Governors 
                plans for implementation of primary and secondary 
                NAAQSes; and
                  (B) shall include representation from the States and 
                appropriate political subdivisions within the air 
                quality control region.
  (b) Subsequent Years.--After the initial 2-year period, the 
Administrator may make grants to a commission or agency described in 
subsection (a) in an amount up to \3/5\ of the air quality 
implementation program costs of the commission or agency.
Sec. 211107. Air quality control regions
  (a) State Responsibility.--Each State shall have the primary 
responsibility for ensuring air quality within the entire geographic 
area comprising the State by submitting an implementation plan for the 
State that specifies the manner in which primary and secondary NAAQSes 
will be achieved and maintained within each air quality control region 
in the State.
  (b) Designated Air Quality Control Regions.--For purposes of 
developing and carrying out State implementation plans under section 
211110 of this title--
          (1) an air quality control region designated under this 
        section before December 31, 1970, or a region designated after 
        that date under subsection (c), shall be an air quality control 
        region; and
          (2) the portion of a State that is not part of any such 
        designated region shall be an air quality control region, but 
        that portion may be subdivided by the State into 2 or more air 
        quality control regions with the approval of the Administrator.
  (c) Designation by the Administrator.--After consultation with 
appropriate State and local authorities, the Administrator shall 
designate as an air quality control region any interstate area or major 
intrastate area that the Administrator considers necessary or 
appropriate for the attainment and maintenance of ambient air quality 
standards. The Administrator shall immediately notify the Governors of 
the affected States of any designation made under this subsection.
  (d) Designations.--
          (1) Designations generally.--
                  (A) Submission by governors of initial designations 
                following promulgation of new or revised standards.--
                          (i) In general.--By such date as the 
                        Administrator may reasonably require, but not 
                        later than 1 year after promulgation of a new 
                        or revised NAAQS for any pollutant under 
                        section 211109 of this title, the Governor of 
                        each State shall (and at any other time the 
                        Governor of a State considers appropriate the 
                        Governor may) submit to the Administrator a 
                        list of all areas (or portions thereof) in the 
                        State, designating as--
                                  (I) nonattainment, any area that does 
                                not meet (or that contributes to 
                                ambient air quality in a nearby area 
                                that does not meet) the primary or 
                                secondary NAAQS for the pollutant;
                                  (II) attainment, any area (other than 
                                an area identified in subclause (I)) 
                                that meets the primary or secondary 
                                NAAQS for the pollutant; or
                                  (III) unclassifiable, any area that 
                                cannot be classified on the basis of 
                                available information as meeting or not 
                                meeting the primary or secondary NAAQS 
                                for the pollutant.
                           (ii) Timing.--The Administrator may not 
                        require a Governor to submit a list required 
                        under clause (i) sooner than 120 days after 
                        promulgating a new or revised NAAQS.
                  (B) Promulgation of designations by the 
                administrator.--
                          (i) In general.--On promulgation or revision 
                        of a NAAQS, the Administrator shall promulgate 
                        the designations of all areas (or portions 
                        thereof) submitted under subparagraph (A) as 
                        expeditiously as practicable, but in no case 
                        later than 2 years after the date of 
                        promulgation of the new or revised NAAQS. The 
                        2-year period may be extended for up to 1 year 
                        if the Administrator has insufficient 
                        information to promulgate the designations.
                          (ii) Modifications.--In making the 
                        promulgations required under clause (i), the 
                        Administrator may make such modifications as 
                        the Administrator considers necessary to the 
                        designations of the areas (or portions thereof) 
                        submitted under subparagraph (A)(i) (including 
                        to the boundaries of the areas or portions 
                        thereof). Whenever the Administrator intends to 
                        make a modification, the Administrator shall 
                        notify the State and provide the State with an 
                        opportunity to demonstrate why any proposed 
                        modification is inappropriate. The 
                        Administrator shall give the notification not 
                        later than 120 days before the date the 
                        Administrator promulgates the designation, 
                        including any modification to the designation. 
                        If the Governor fails to submit the list in 
                        whole or in part, as required under 
                        subparagraph (A), the Administrator shall 
                        promulgate the designation that the 
                        Administrator considers appropriate for any 
                        area (or portion thereof) not designated by the 
                        State.
                          (iii) Submission of list on governor's own 
                        motion.--If the Governor of any State, on the 
                        Governor's own motion, submits a list of areas 
                        (or portions thereof) in the State designated 
                        as nonattainment, attainment, or 
                        unclassifiable, the Administrator shall act on 
                        the designations in accordance with the 
                        procedures under paragraph (3).
                          (iv) Effective period.--A designation for an 
                        area (or portion thereof) made pursuant to this 
                        subsection shall remain in effect until the 
                        area (or portion thereof) is redesignated 
                        pursuant to paragraph (3) or (4).
                  (C) Designations by operation of law.--
                          (i) Nonattainment.--Any area designated with 
                        respect to any air pollutant under subparagraph 
                        (A), (B), or (C) of section 107(d)(1) of the 
                        Clean Air Act (42 U.S.C. 7407(d)(1)) (as in 
                        effect on November 14, 1990) is designated, by 
                        operation of law, as a nonattainment area for 
                        that air pollutant within the meaning of 
                        subparagraph (A)(i)(I).
                          (ii) Attainment.--Any area designated with 
                        respect to any air pollutant under subparagraph 
                        (E) of section 107(d)(1) of the Clean Air Act 
                        (42 U.S.C. 7407(d)(1)) (as in effect on 
                        November 14, 1990) is designated by operation 
                        of law, as an attainment area for that air 
                        pollutant within the meaning of subparagraph 
                        (A)(i)(II).
                          (iii) Unclassifiable.--Any area designated 
                        with respect to any air pollutant under 
                        subparagraph (D) of section 107(d)(1) of the 
                        Clean Air Act (42 U.S.C. 7407(d)(1)) (as in 
                        effect on November 14, 1990) is designated, by 
                        operation of law, as an unclassifiable area for 
                        that air pollutant within the meaning of 
                        subparagraph (A)(i)(III).
          (2) Publication of designations and redesignations.--
                  (A) Notice.--The Administrator shall publish a notice 
                in the Federal Register promulgating any designation 
                under paragraph (1) or (5), announcing any designation 
                under paragraph (4), or promulgating any redesignation 
                under paragraph (3).
                  (B) Nonapplicability of other law.--Promulgation or 
                announcement of a designation under paragraph (1), (4) 
                or (5) shall not be subject to sections 553 to 557 of 
                title 5, except that nothing in this subparagraph shall 
                be construed as precluding such public notice and 
                comment whenever possible.
          (3) Redesignation.--
                  (A) Notification.--Subject to subparagraph (E), on 
                the basis of air quality data, planning and control 
                considerations, or any other air quality-related 
                considerations that the Administrator considers 
                appropriate, the Administrator may at any time publicly 
                notify the Governor of any State that available 
                information indicates that the designation of any area 
                or portion of an area within the State or interstate 
                area should be revised. In issuing such a notification 
                to the Governor, the Administrator shall provide such 
                information as the Administrator may have available 
                explaining the basis for the notification.
                  (B) Submission of redesignation.--Not later than 120 
                days after receiving a notification under subparagraph 
                (A), the Governor shall submit to the Administrator 
                such redesignation, if any, of the appropriate area (or 
                areas) or portion thereof within the State or 
                interstate area, as the Governor considers appropriate.
                  (C) Promulgation of redesignation.--Not later than 
                120 days after the date described in subparagraph (B) 
                (or paragraph (1)(B)(iii)), the Administrator shall 
                promulgate the redesignation, if any, of the area or 
                portion thereof, submitted by the Governor in 
                accordance with subparagraph (B), making such 
                modifications as the Administrator considers necessary, 
                in the same manner and under the same procedure as is 
                applicable under clause (ii) of paragraph (1)(B), 
                except that ``60 days'' shall be substituted for ``120 
                days'' in that clause. If the Governor does not submit, 
                in accordance with subparagraph (B), a redesignation 
                for an area (or portion thereof) identified by the 
                Administrator under subparagraph (A), the Administrator 
                shall promulgate such redesignation, if any, as the 
                Administrator considers appropriate.
                  (D) Redesignation on governor's own motion.--The 
                Governor of any State may, on the Governor's own 
                motion, submit to the Administrator a revised 
                designation of any area or portion thereof within the 
                State. Within 18 months after receipt of a complete 
                State redesignation submittal, the Administrator shall 
                approve or deny the redesignation. The submission of a 
                redesignation by a Governor shall not affect the 
                effectiveness or enforceability of the applicable State 
                implementation plan.
                  (E) Redesignation of nonattainment to attainment.--
                The Administrator may not promulgate a redesignation of 
                a nonattainment area (or portion thereof) to attainment 
                unless--
                          (i) the Administrator determines that the 
                        area has attained the NAAQS;
                          (ii) the Administrator has fully approved the 
                        applicable State implementation plan for the 
                        area under section 211110(i) of this title;
                          (iii) the Administrator determines that the 
                        improvement in air quality is due to permanent 
                        and enforceable reductions in emissions 
                        resulting from implementation of the applicable 
                        State implementation plan and applicable 
                        Federal air pollutant control regulations and 
                        other permanent and enforceable reductions;
                          (iv) the Administrator has fully approved a 
                        maintenance plan for the area as meeting the 
                        requirements of section 215106 of this title; 
                        and
                          (v) the State containing the area has met all 
                        requirements applicable to the area under 
                        section 211110 of this title and chapter 215.
                  (F) No redesignation from nonattainment to 
                unclassifiable.--The Administrator shall not promulgate 
                any redesignation of any area (or portion thereof) from 
                nonattainment to unclassifiable.
          (4) Nonattainment designations for ozone, carbon monoxide, 
        and particulate matter (pm-10).--
                  (A) Ozone and carbon monoxide.--
                          (i) Submissions by governors.--The Governor 
                        of each State shall submit to the Administrator 
                        a list that designates, affirms or reaffirms 
                        the designation of, or redesignates all areas 
                        (or portions thereof) of the Governor's State 
                        as attainment, nonattainment, or unclassifiable 
                        with respect to the NAAQSes for ozone and 
                        carbon monoxide.
                          (ii) Promulgation.--The Administrator shall 
                        promulgate the designations required under 
                        clause (i), making such modifications as the 
                        Administrator considers necessary, in the same 
                        manner and under the same procedure as is 
                        applicable under clause (ii) of paragraph 
                        (1)(B), except that ``60 days'' shall be 
                        substituted for ``120 days'' in that clause. If 
                        the Governor does not submit, in accordance 
                        with clause (i) of this subparagraph, a 
                        designation for an area (or portion thereof), 
                        the Administrator shall promulgate the 
                        designation that the Administrator considers 
                        appropriate.
                          (iii) No redesignation as attainment.--No 
                        nonattainment area may be redesignated as an 
                        attainment area under this subparagraph.
                          (iv) Areas classified as a serious area, 
                        severe area, or extreme area.--Notwithstanding 
                        paragraph (1)(C)(ii), if an ozone or carbon 
                        monoxide nonattainment area located within a 
                        metropolitan statistical area or consolidated 
                        metropolitan statistical area (as established 
                        by the Bureau of the Census) is classified 
                        under chapter 215 as a serious area, severe 
                        area, or extreme area, the boundaries of the 
                        area are revised (on the date that is 45 days 
                        after such classification) by operation of law 
                        to include the entire metropolitan statistical 
                        area or consolidated metropolitan statistical 
                        area, as the case may be, unless within that 
                        45-day period the Governor (in consultation 
                        with State and local air pollution control 
                        agencies) notifies the Administrator that 
                        additional time is necessary to evaluate the 
                        application of clause (v). When a Governor has 
                        submitted such a notice to the Administrator, 
                        the boundary revision shall occur on the date 
                        that is 8 months after the date of the 
                        classification unless the Governor makes the 
                        finding described in clause (v), and the 
                        Administrator concurs in the finding, within 
                        that period. Except as otherwise provided in 
                        this paragraph, a boundary revision under this 
                        clause or clause (v) shall apply for purposes 
                        of any State implementation plan revision.
                          (v) Exclusion of portion of area.--Whenever 
                        the Governor of a State has submitted a notice 
                        under clause (iv), the Governor, in 
                        consultation with State and local air pollution 
                        control agencies, shall undertake a study to 
                        evaluate whether the entire metropolitan 
                        statistical area or consolidated metropolitan 
                        statistical area should be included within the 
                        nonattainment area. Whenever a Governor finds 
                        and demonstrates to the satisfaction of the 
                        Administrator, and the Administrator concurs in 
                        the finding, that with respect to a portion of 
                        a metropolitan statistical area or consolidated 
                        metropolitan statistical area, sources in the 
                        portion do not contribute significantly to 
                        violation of the NAAQS, the Administrator shall 
                        approve the Governor's request to exclude that 
                        portion from the nonattainment area. In making 
                        the finding, the Governor and the Administrator 
                        shall consider factors such as population 
                        density, traffic congestion, commercial 
                        development, industrial development, 
                        meteorological conditions, and pollution 
                        transport.
                  (B) PM-10 designations.--
                          (i) In general.--By operation of law, until 
                        redesignation by the Administrator pursuant to 
                        paragraph (3)--
                                  (I) each area identified in 52 Fed. 
                                Reg. 29383 (August 7, 1987) as a Group 
                                I area (except to the extent that such 
                                identification was modified by the 
                                Administrator before November 15, 1990) 
                                is designated nonattainment for PM-10;
                                  (II) any area containing a site for 
                                which air quality monitoring data show 
                                a violation of the NAAQS for PM-10 
                                before January 1, 1989 (as determined 
                                under part 50, appendix K of title 40, 
                                Code of Federal Regulations), is 
                                designated nonattainment for PM-10; and
                                  (III) each area not described in 
                                subclause (I) or (II) is designated 
                                unclassifiable for PM-10.
                          (ii) Continuance in effect of certain 
                        designations.--Any designation for particulate 
                        matter (measured in terms of total suspended 
                        particulates) that the Administrator 
                        promulgated pursuant to section 107(d) of the 
                        Clean Air Act (42 U.S.C. 7407(d)) (as in effect 
                        on November 14, 1990) shall remain in effect 
                        for purposes of implementing the maximum 
                        allowable increases in concentrations of 
                        particulate matter (measured in terms of total 
                        suspended particulates) pursuant to section 
                        213105(b) of this title, until the 
                        Administrator determines that such designation 
                        is no longer necessary for that purpose.
          (5) Designations for lead.--The Administrator may, at any 
        time that the Administrator considers appropriate, require a 
        State to designate areas (or portions thereof) with respect to 
        the NAAQS for lead in effect as of November 15, 1990, in 
        accordance with the procedures under subparagraphs (A) and (B) 
        of paragraph (1), except that in applying subparagraph (B)(i) 
        of paragraph (1), the phrase ``2 years after the date of 
        promulgation of the new or revised NAAQS'' shall be replaced by 
        the phrase ``1 year after the date on which the Administrator 
        notifies the State of the requirement to designate areas with 
        respect to the NAAQS for lead''.
          (6) Designations for july 1997 pm<INF>2.5</INF> naaqs.--
                  (A) Submission.--Notwithstanding any other provision 
                of law, the Governor of each State shall submit 
                designations described in paragraph (1) for the July 
                1997 PM<INF>2.5</INF> NAAQSes for each area within the 
                State, based on air quality monitoring data collected 
                in accordance with any applicable Federal reference 
                methods for the relevant areas.
                  (B) Promulgation.--Notwithstanding any other 
                provision of law, the Administrator shall, consistent 
                with paragraph (1), promulgate the designations 
                described in subparagraph (A) for each area of each 
                State for the July 1997 PM<INF>2.5</INF> NAAQSes.
          (7) Implementation plan for regional haze.--
                  (A) In general.--Notwithstanding any other provision 
                of law, not later than 3 years after the date on which 
                the Administrator promulgates the designations 
                described in paragraph (6)(B) for a State, the State 
                shall submit, for the entire State, the State 
                implementation plan revisions to meet the requirements 
                promulgated by the Administrator under section 
                213202(e)(1) of this title (referred to in this 
                paragraph as ``regional haze requirements'').
                  (B) No preclusion of other provisions.--Nothing in 
                this paragraph precludes the implementation of the 
                agreements and recommendations stemming from the Grand 
                Canyon Visibility Transport Commission Report dated 
                June 1996, including the submission of State 
                implementation plan revisions by the States of Arizona, 
                California, Colorado, Idaho, Nevada, New Mexico, 
                Oregon, Utah, or Wyoming for implementation of regional 
                haze requirements applicable to those States.
  (e) Redesignation of Air Quality Control Regions.--
          (1) In general.--Except as otherwise provided in paragraph 
        (2), the Governor of each State may, with the approval of the 
        Administrator, redesignate from time to time the air quality 
        control regions within the State for purposes of efficient and 
        effective air quality management. On such redesignation, the 
        list under subsection (d) shall be modified accordingly.
          (2) Significant effect on air pollution concentrations in 
        another state.--In the case of an air quality control region in 
        a State, or part of an air quality control region, that the 
        Administrator finds may significantly affect air pollution 
        concentrations in another State, the Governor of the State in 
        which that region or part of a region is located may 
        redesignate from time to time the boundaries of so much of the 
        air quality control region as is located within that State only 
        with the approval of the Administrator and with the consent of 
        all Governors of all States that the Administrator determines 
        may be significantly affected.
Sec. 211108. Air quality criteria and control techniques
  (a) Air Pollutant List; Air Quality Criteria.--
          (1) Air pollutant list.--For the purpose of establishing 
        primary and secondary NAAQSes, the Administrator shall publish 
        and shall from time to time revise a list that includes each 
        air pollutant--
                  (A) emissions of which, in the Administrator's 
                judgment, cause or contribute to air pollution that may 
                reasonably be anticipated to endanger public health or 
                welfare;
                  (B) the presence of which in the ambient air results 
                from numerous or diverse mobile or stationary sources; 
                and
                  (C) for which air quality criteria had not been 
                issued before December 31, 1970, but for which the 
                Administrator plans to issue air quality criteria under 
                this section.
          (2) Air quality criteria.--
                  (A) In general.--The Administrator shall issue air 
                quality criteria for an air pollutant within 12 months 
                after the Administrator includes the air pollutant in a 
                list under paragraph (1). Air quality criteria for an 
                air pollutant shall accurately reflect the latest 
                scientific knowledge useful in indicating the kind and 
                extent of all identifiable effects on public health or 
                welfare that may be expected from the presence of the 
                pollutant in the ambient air, in varying quantities.
                  (B) Information to be included.--The criteria for an 
                air pollutant, to the extent practicable, shall include 
                information on--
                          (i) the variable factors (including 
                        atmospheric conditions) that of themselves or 
                        in combination with other factors may alter the 
                        effects on public health or welfare of the air 
                        pollutant;
                          (ii) the types of air pollutants that, when 
                        present in the atmosphere, may interact with 
                        the air pollutant to produce an adverse effect 
                        on public health or welfare; and
                          (iii) any known or anticipated adverse 
                        effects on welfare.
  (b) Air Pollution Control Techniques.--
          (1) Issuance of information.--
                  (A) In general.--Simultaneously with the issuance of 
                criteria under subsection (a), the Administrator shall, 
                after consultation with appropriate advisory committees 
                and Federal departments and agencies, issue to the 
                States and appropriate air pollution control agencies 
                information on air pollution control techniques.
                  (B) Information to be included.--The information 
                issued under subparagraph (A) shall include--
                          (i) data relating to the cost of installation 
                        and operation, energy requirements, emission 
                        reduction benefits, and environmental impact of 
                        the emission control technology;
                          (ii) such data as are available on available 
                        technology and alternative methods of 
                        prevention and control of air pollution; and
                          (iii) data on alternative fuels, processes, 
                        and operating methods that will result in 
                        elimination or significant reduction of 
                        emissions.
          (2) Consulting committees.--To assist in the development of 
        information on pollution control techniques, the Administrator 
        may establish a standing consulting committee for each air 
        pollutant included in a list published pursuant to subsection 
        (a)(1), which shall be comprised of technically qualified 
        individuals representative of State and local governments, 
        industry, and the academic community. Each such committee shall 
        submit, as appropriate, to the Administrator information 
        related to that required by paragraph (1).
  (c) Review, Modification, and Reissuance of Criteria or 
Information.--The Administrator shall from time to time review, and, as 
appropriate, modify and reissue any criteria or information on control 
techniques issued pursuant to this section. The criteria shall include 
a discussion of nitric and nitrous acids, nitrites, nitrates, 
nitrosamines, and other carcinogenic and potentially carcinogenic 
derivatives of nitrogen oxides.
  (d) Announcement in Federal Register; Public Availability.--The 
issuance of air quality criteria and information on air pollution 
control techniques shall be announced in the Federal Register, and 
copies shall be made available to the general public.
  (e) Transportation Planning and Guidelines.--
          (1) In general.--The Administrator shall, after consultation 
        with the Secretary of Transportation, and after providing 
        public notice and opportunity for comment, and with State and 
        local officials, periodically as necessary to maintain a 
        continuous transportation-air quality planning process, update 
        the June 1978 Transportation-Air Quality Planning Guidelines 
        and publish guidance on the development and implementation of 
        transportation and other measures necessary to demonstrate and 
        maintain attainment of NAAQSes.
          (2) Information to be included.--The guidelines shall include 
        information on--
                  (A) methods to identify and evaluate alternative 
                planning and control activities;
                  (B) methods of reviewing plans on a regular basis as 
                conditions change or new information is presented;
                  (C) identification of funds and other resources 
                necessary to implement the plan, including interagency 
                agreements on providing such funds and resources;
                  (D) methods to ensure participation by the public in 
                all phases of the planning process; and
                  (E) such other methods as the Administrator 
                determines to be necessary to carry out a continuous 
                planning process.
  (f) Information Regarding Transportation Control Measures.--
          (1) In general.--The Administrator shall publish and make 
        available to appropriate Federal, State, and local 
        environmental and transportation agencies from time to time--
                  (A) information prepared, as appropriate, in 
                consultation with the Secretary of Transportation, and 
                after providing public notice and opportunity for 
                comment, regarding the formulation and emission 
                reduction potential of transportation control measures 
                related to criteria pollutants and their precursors, 
                including--
                          (i) programs for improved public transit;
                          (ii) restriction of certain roads or lanes 
                        to, or construction of roads or lanes for use 
                        by, passenger buses or high occupancy vehicles;
                          (iii) employer-based transportation 
                        management plans, including incentives;
                          (iv) trip-reduction ordinances;
                          (v) traffic flow improvement programs that 
                        achieve emission reductions;
                          (vi) fringe and transportation corridor 
                        parking facilities serving multiple occupancy 
                        vehicle programs or transit service;
                          (vii) programs to limit or restrict vehicle 
                        use in downtown areas or other areas of 
                        emission concentration particularly during 
                        periods of peak use;
                          (viii) programs for the provision of all 
                        forms of high-occupancy, shared-ride services;
                          (ix) programs to limit portions of road 
                        surfaces or certain sections of a metropolitan 
                        area to the use of non-motorized vehicles or 
                        pedestrian use, as to both time and place;
                          (x) programs for secure bicycle storage 
                        facilities and other facilities, including 
                        bicycle lanes, for the convenience and 
                        protection of bicyclists, in both public and 
                        private areas;
                          (xi) programs to control extended idling of 
                        vehicles;
                          (xii) programs to reduce motor vehicle 
                        emissions, consistent with subdivision 3, that 
                        are caused by extreme cold start conditions;
                          (xiii) employer-sponsored programs to permit 
                        flexible work schedules;
                          (xiv) programs and ordinances to facilitate 
                        non-automobile travel and the provision and 
                        utilization of mass transit and to generally 
                        reduce the need for single-occupant vehicle 
                        travel, as part of transportation planning and 
                        development efforts of a locality, including 
                        programs and ordinances applicable to new 
                        shopping centers, special events, and other 
                        centers of vehicle activity;
                          (xv) programs for new construction and major 
                        reconstructions of paths, tracks, or areas 
                        solely for the use by pedestrian or other non-
                        motorized means of transportation when 
                        economically feasible and in the public 
                        interest; and
                          (xvi) programs to encourage the voluntary 
                        removal from use and the marketplace of pre-
                        1980 model year light-duty vehicles and pre-
                        1980 model year light-duty trucks;
                  (B) information on additional methods or strategies 
                that will contribute to the reduction of mobile source 
                related pollutants during periods in which any primary 
                ambient air quality standard will be exceeded and 
                during episodes for which an air pollution alert, 
                warning, or emergency has been declared;
                  (C) information on other measures that may be 
                employed to reduce the impact on public health or 
                protect the health of sensitive or susceptible 
                individuals or groups; and
                  (D) information on the extent to which any process, 
                procedure, or method to reduce or control an air 
                pollutant may cause an increase in the emissions or 
                formation of any other pollutant.
          (2) Assessment.--In publishing information under paragraph 
        (1) the Administrator shall include an assessment of--
                  (A) the relative effectiveness of the processes, 
                procedures, and methods described in paragraph (1);
                  (B) the potential effect of those processes, 
                procedures, and methods on transportation systems and 
                the provision of transportation services; and
                  (C) the environmental, energy, and economic impact of 
                those processes, procedures, and methods.
          (3) Consultation.--For purposes of paragraph (1)(A)(xv), the 
        Administrator shall consult with the Secretary of the Interior 
        as well as with the Secretary of Transportation.
  (g) Assessment of Risks to Ecosystems.--The Administrator may assess 
the risks to ecosystems from exposure to criteria air pollutants (as 
identified by the Administrator in the Administrator's sole 
discretion).
  (h) RACT/BACT/LAER Clearinghouse.--The Administrator shall make 
information regarding emission control technology available to the 
States and to the general public through a central database. Such 
information shall include all control technology information received 
pursuant to State plan provisions requiring permits for sources, 
including operating permits for existing sources.
Sec. 211109. National primary and secondary ambient air quality 
                    standards
  (a) Promulgation.--
          (1) Air pollutants for which air quality criteria were issued 
        before december 31, 1970.--The Administrator shall promulgate 
        regulations prescribing a primary NAAQS and a secondary NAAQS 
        for each air pollutant for which air quality criteria were 
        issued before December 31, 1970.
          (2) Air pollutants for which air quality criteria are issued 
        after december 31, 1970.--
                  (A) Proposed standards.--With respect to any air 
                pollutant for which air quality criteria are issued 
                after December 31, 1970, the Administrator shall 
                publish, simultaneously with the issuance of such 
                criteria and information, proposed primary and 
                secondary NAAQSes for any such air pollutant.
                  (B) Promulgation.--After a reasonable time for 
                interested persons to submit written comments on the 
                proposed standards (but not later than 90 days after 
                the initial publication of the proposed standards), the 
                Administrator shall by regulation promulgate the 
                proposed primary and secondary NAAQSes with such 
                modifications as the Administrator considers 
                appropriate.
  (b) Protection of Public Health and Welfare.--
          (1) Primary naaqses.--Primary NAAQSes promulgated under 
        subsection (a) shall be ambient air quality standards the 
        attainment and maintenance of which, in the judgment of the 
        Administrator, based on such criteria and allowing an adequate 
        margin of safety, are requisite to protect the public health. 
        The primary NAAQSes may be revised in the same manner as 
        promulgated.
          (2) Secondary naaqses.--Any secondary NAAQS promulgated under 
        subsection (a) shall specify a level of air quality the 
        attainment and maintenance of which, in the judgment of the 
        Administrator, based on such criteria, is requisite to protect 
        the public welfare from any known or anticipated adverse 
        effects associated with the presence of an air pollutant in the 
        ambient air. The secondary NAAQSes may be revised in the same 
        manner as promulgated.
  (c) Primary NAAQS for Nitrogen Dioxide.--The Administrator shall 
promulgate a primary NAAQS for nitrogen dioxide concentrations over a 
period of not more than 3 hours unless, based on the criteria issued 
under section 211108(c) of this title, the Administrator finds that 
there is no significant evidence that such a standard for such a period 
is requisite to protect public health.
  (d) Review of Criteria and Standards.--
          (1) In general.--
                  (A) 5-year intervals.--At 5-year intervals, the 
                Administrator shall--
                          (i) complete a thorough review of the 
                        criteria published under section 211108 of this 
                        title and the NAAQSes promulgated under this 
                        section; and
                          (ii) make such revisions in the criteria and 
                        standards and promulgate such new standards as 
                        may be appropriate in accordance with section 
                        211108 of this title and subsection (b).
                  (B) More frequent intervals.--The Administrator may 
                review and revise criteria or promulgate new standards 
                more frequently than required under this paragraph.
          (2) Scientific review committee.--
                  (A) Appointment.--The Administrator shall appoint an 
                independent scientific review committee composed of 7 
                members, including at least 1 member of the National 
                Academy of Sciences, 1 physician, and 1 person 
                representing State air pollution control agencies.
                  (B) Review.--At 5-year intervals, the scientific 
                review committee shall--
                          (i) complete a review of the criteria 
                        published under section 211108 of this title 
                        and the primary and secondary NAAQSes 
                        promulgated under this section; and
                          (ii) recommend to the Administrator any new 
                        NAAQSes and revisions of existing criteria and 
                        standards as may be appropriate under section 
                        211108 of this title and subsection (b).
                  (C) Other duties.--The scientific review committee 
                shall--
                          (i) advise the Administrator of areas in 
                        which additional knowledge is required to 
                        appraise the adequacy and basis of existing, 
                        new, or revised NAAQSes;
                          (ii) describe the research efforts necessary 
                        to provide the required information;
                          (iii) advise the Administrator on the 
                        relative contribution to air pollution 
                        concentrations of natural activity and 
                        anthropogenic activity; and
                          (iv) advise the Administrator of any adverse 
                        public health, welfare, social, economic, or 
                        energy effects that may result from various 
                        strategies for attainment and maintenance of 
                        NAAQSes.
Sec. 211110. State implementation plans
  (a) Adoption of Plan or Plans.--
          (1) Primary naaqses.--Each State shall, after reasonable 
        notice and public hearings, adopt and submit to the 
        Administrator, within 3 years (or such shorter period as the 
        Administrator may prescribe) after the promulgation of a 
        primary NAAQS (or any revision thereof) under section 211109 of 
        this title for any air pollutant, a plan that provides for 
        implementation, maintenance, and enforcement of the primary 
        standard in each air quality control region (or portion 
        thereof) within the State.
          (2) Secondary naaqses.--
                  (A) In general.--Each State shall, after reasonable 
                notice and public hearings, adopt and submit to the 
                Administrator (either as a part of a plan submitted 
                under paragraph (1) or separately) within 3 years (or 
                such shorter period as the Administrator may prescribe) 
                after the promulgation of a secondary NAAQS (or 
                revision thereof), a plan that provides for 
                implementation, maintenance, and enforcement of the 
                secondary standard in each air quality control region 
                (or portion thereof) within the State.
                  (B) Public hearing.--Unless a separate public hearing 
                is provided, each State shall consider its plan 
                implementing a secondary standard at the hearing 
                required by paragraph (1).
          (3) Contents.--Each State implementation plan shall--
                  (A) include enforceable emission limitations and 
                other control measures, means, or techniques (including 
                economic incentives such as fees, marketable permits, 
                and auctions of emissions rights), and schedules and 
                timetables for compliance, as may be necessary or 
                appropriate to meet the applicable requirements of this 
                division;
                  (B) provide for establishment and operation of 
                appropriate devices, methods, systems, and procedures 
                necessary to--
                          (i) monitor, compile, and analyze data on 
                        ambient air quality; and
                          (ii) on request, make the data available to 
                        the Administrator;
                  (C) include a program to provide for--
                          (i) enforcement of the measures described in 
                        subparagraph (A); and
                          (ii) regulation of the modification and 
                        construction of any stationary source within 
                        the areas covered by the plan as necessary to 
                        ensure that NAAQSes are achieved, including a 
                        permit program as required in chapters 213 and 
                        215;
                  (D) contain adequate provisions--
                          (i) prohibiting, consistent with this 
                        subdivision, any source or other type of 
                        emission activity within the State from 
                        emitting any air pollutant in amounts that 
                        will--
                                  (I) contribute significantly to 
                                nonattainment in, or interfere with 
                                maintenance by, any other State with 
                                respect to any such primary or 
                                secondary NAAQS; or
                                  (II) interfere with measures required 
                                to be included in the applicable 
                                implementation plan for any other State 
                                under chapter 213 to prevent 
                                significant deterioration of air 
                                quality or to protect visibility;
                          (ii) ensuring compliance with the applicable 
                        requirements of sections 211115 and 211125 of 
                        this title;
                  (E) provide--
                          (i) necessary assurances that the State (or, 
                        except where the Administrator considers 
                        inappropriate, the general purpose local 
                        government or governments, or a regional agency 
                        designated by the State or general purpose 
                        local governments for the purpose)--
                                  (I) will have adequate personnel, 
                                funding, and authority under State 
                                (and, as appropriate, local) law to 
                                carry out the implementation plan; and
                                  (II) is not prohibited by any Federal 
                                or State law from carrying out the 
                                implementation plan or portion 
                                thereof);
                          (ii) requirements that the State comply with 
                        the requirements respecting State boards under 
                        section 211127 of this title; and
                          (iii) necessary assurances that, where the 
                        State has relied on a local or regional 
                        government, agency, or instrumentality for the 
                        implementation of any plan provision, the State 
                        has responsibility for ensuring adequate 
                        implementation of the plan provision;
                  (F) require, as may be prescribed by the 
                Administrator--
                          (i) the installation, maintenance, and 
                        replacement of equipment, and the 
                        implementation of other necessary steps, by 
                        owners or operators of stationary sources to 
                        monitor emissions from stationary sources;
                          (ii) periodic reports on the nature and 
                        amounts of emissions and emissions-related data 
                        from such sources; and
                          (iii) correlation of such reports by the 
                        State agency with any emission limitations or 
                        standards established pursuant to this 
                        division, which reports shall be available at 
                        reasonable times for public inspection;
                  (G) provide for authority comparable to that in 
                section 203103 of this title and adequate contingency 
                plans to implement that authority;
                  (H) provide for revision of the plan--
                          (i) from time to time as may be necessary to 
                        take account of revisions of the primary or 
                        secondary NAAQS or the availability of improved 
                        or more expeditious methods of attaining the 
                        NAAQS; and
                          (ii) except as provided in paragraph (4)(B), 
                        whenever the Administrator finds on the basis 
                        of information available to the Administrator 
                        that the plan is substantially inadequate to 
                        attain the NAAQS that it implements or to 
                        otherwise comply with any additional 
                        requirements established under this division;
                  (I) in the case of a plan or plan revision for an 
                area designated as a nonattainment area, meet the 
                applicable requirements of chapter 215;
                  (J) meet the applicable requirements of sections 
                211120 and 211126 of this title and chapter 213;
                  (K) provide for--
                          (i) the performance of such air quality 
                        modeling as the Administrator may prescribe for 
                        the purpose of predicting the effect on ambient 
                        air quality of any emissions of any air 
                        pollutant for which the Administrator has 
                        established a NAAQS; and
                          (ii) the submission, on request, of data 
                        related to such air quality modeling to the 
                        Administrator;
                  (L) require the owner or operator of each major 
                stationary source to pay to the permitting authority, 
                as a condition of any permit required under this 
                division, a fee under an approved fee program under 
                subdivision 6; and
                  (M) provide for consultation and participation by 
                local political subdivisions affected by the plan.
          (4) Plan revision.--
                  (A) Review.--As soon as practicable, the 
                Administrator shall, consistent with the purposes of 
                this division and the Energy Supply and Environmental 
                Coordination Act of 1974 (15 U.S.C. 791 et seq.), 
                review each State's applicable implementation plans and 
                report to the State on whether the plans can be revised 
                in relation to fuel burning stationary sources (or 
                persons supplying fuel to such sources) without 
                interfering with the attainment and maintenance of any 
                NAAQS within the period permitted in this section. If 
                the Administrator determines that any such plan can be 
                revised, the Administrator shall notify the State that 
                a plan revision may be submitted by the State. Any plan 
                revision that is submitted by the State shall, after 
                public notice and opportunity for public hearing, be 
                approved by the Administrator if the revision relates 
                only to fuel burning stationary sources (or persons 
                supplying fuel to such sources), and the plan as 
                revised complies with paragraph (3). The Administrator 
                shall approve or disapprove any revision not later than 
                3 months after its submission.
                  (B) Limitation.--Neither the State, in the case of a 
                plan (or portion thereof) approved under this 
                subsection, nor the Administrator, in the case of a 
                plan (or portion thereof) promulgated under subsection 
                (c), shall be required to revise an applicable 
                implementation plan because 1 or more suspensions under 
                subsection (d) or (e) or exemptions under section 
                211118 of this title have been granted, if the plan 
                would have met the requirements of this section if no 
                such suspension or exemption had been granted.
          (5) Indirect source review programs.--
                  (A) Definitions.--In this paragraph:
                          (i) Indirect source.--
                                  (I) In general.--The term ``indirect 
                                source'' means a facility, building, 
                                structure, installation, real property, 
                                road, or highway that attracts, or may 
                                attract, mobile sources of pollution.
                                  (II) Inclusions.--The term ``indirect 
                                source'' includes a parking lot, 
                                parking garage, or other facility 
                                subject to any measure for management 
                                of parking supply (within the meaning 
                                of subsection (c)(2)(A)(i)), including 
                                regulation of existing off-street 
                                parking.
                                  (III) Exclusions.--The term 
                                ``indirect source'' does not include--
                                          (aa) new or existing on-
                                        street parking; or
                                          (bb) a direct emission source 
                                        or facility at, within, or 
                                        associated with a source 
                                        described in subclause (I) or 
                                        (II).
                          (ii) Indirect source review program.--The 
                        term ``indirect source review program'' means 
                        the facility-by-facility review of indirect 
                        sources of air pollution, including such 
                        measures as are necessary to ensure, or assist 
                        in ensuring, that a new or modified indirect 
                        source will not attract mobile sources of air 
                        pollution, the emissions from which would cause 
                        or contribute to air pollution concentrations--
                                  (I) exceeding any primary NAAQS for a 
                                mobile source-related air pollutant 
                                after the primary standard attainment 
                                date; or
                                  (II) preventing maintenance of any 
                                such standard after that date.
                  (B) Inclusion in state implementation plan.--
                          (i) In general.--Any State may include in a 
                        State implementation plan, but the 
                        Administrator may not require as a condition of 
                        approval of such a plan under this section, any 
                        indirect source review program.
                          (ii) Approval and enforcement by the 
                        administrator.--The Administrator may approve 
                        and enforce, as part of an applicable 
                        implementation plan, an indirect source review 
                        program that the State chooses to adopt and 
                        submit as part of its plan.
                          (iii) Revision.--Any State may revise an 
                        applicable implementation plan approved under 
                        this subsection to suspend or revoke an 
                        indirect source review program included in the 
                        plan, provided that the plan meets the 
                        requirements of this section.
                  (C) Plans promulgated by the administrator.--
                          (i) In general.--Except as provided in clause 
                        (ii), no plan promulgated by the Administrator 
                        shall include any indirect source review 
                        program for any air quality control region, or 
                        portion thereof.
                          (ii) Federally assisted or federally owned or 
                        operated sources.--The Administrator may 
                        promulgate, implement, and enforce regulations 
                        under subsection (c) respecting indirect source 
                        review programs that apply only to federally 
                        assisted highways, airports, and other major 
                        federally assisted indirect sources and 
                        federally owned or operated indirect sources.
  (b) Extension of Period for Submission of Plans.--The Administrator 
may, wherever the Administrator determines it to be necessary, extend 
the period for submission of any plan or portion thereof that 
implements a secondary NAAQS for a period not to exceed 18 months after 
the date otherwise required for submission of the plan.
  (c) Federal Implementation Plans.--
          (1) Promulgation.--The Administrator shall promulgate a 
        Federal implementation plan at any time within 2 years after 
        the Administrator--
                  (A) finds that a State has failed to make a required 
                submission or finds that the plan or plan revision 
                submitted by the State does not satisfy the minimum 
                criteria established under subsection (i)(1)(A); or
                  (B) disapproves a State implementation plan 
                submission in whole or in part;
        unless the State corrects the deficiency, and the Administrator 
        approves the plan or plan revision, before the Administrator 
        promulgates the Federal implementation plan.
          (2) Parking surcharge regulation.--
                  (A) Definitions.--In this paragraph:
                          (i) Management of parking supply.--The term 
                        ``management of parking supply'' includes any 
                        requirement providing that any new facility 
                        containing a given number of parking spaces 
                        shall receive a permit or other prior approval, 
                        issuance of which is to be conditioned on air 
                        quality considerations.
                          (ii) Parking surcharge regulation.--The term 
                        ``parking surcharge regulation'' means a 
                        regulation imposing or requiring the imposition 
                        of any tax, surcharge, fee, or other charge on 
                        parking spaces, or any other area used for the 
                        temporary storage of motor vehicles.
                          (iii) Preferential bus/carpool lane.--The 
                        term ``preferential bus/carpool lane'' includes 
                        any requirement for the setting aside of 1 or 
                        more lanes of a street or highway on a 
                        permanent or temporary basis for the exclusive 
                        use of buses or carpools, or both.
                  (B) No requirement by the administrator.--
                          (i) Federal implementation plan.--No parking 
                        surcharge regulation may be required by the 
                        Administrator under paragraph (1) as a part of 
                        an applicable implementation plan. All parking 
                        surcharge regulations previously required by 
                        the Administrator are void.
                          (ii) State implementation plan.--The 
                        Administrator may not condition approval of any 
                        implementation plan submitted by a State on the 
                        plan's including a parking surcharge 
                        regulation.
                          (iii) Requirement by a state.--This 
                        subparagraph shall not preclude the 
                        Administrator from approving a parking 
                        surcharge regulation if it is adopted and 
                        submitted by a State as part of an applicable 
                        implementation plan.
                  (C) Management of parking supply; preferential bus/
                carpool lanes.--No standard, plan, or requirement, 
                relating to management of parking supply or 
                preferential bus/carpool lanes shall be promulgated 
                after June 22, 1974, by the Administrator pursuant to 
                this section unless the promulgation has been subjected 
                to a public hearing held in the affected area for which 
                reasonable notice has been given in that area. If 
                substantial changes are made after public hearing, 1 or 
                more additional hearings shall be held in the area 
                after such notice.
          (3) Delegation of authority.--On application of the chief 
        executive officer of any general purpose unit of local 
        government, if the Administrator determines that the unit has 
        adequate authority under State or local law, the Administrator 
        may delegate to the unit the authority to implement and enforce 
        within the jurisdiction of the unit any part of a plan 
        promulgated under this subsection. Nothing in this paragraph 
        precludes the Administrator from implementing or enforcing any 
        applicable provision of a plan promulgated under this 
        subsection.
          (4) Bridge use charges.--
                  (A) Elimination.--Any measure in an applicable 
                implementation plan that requires a toll or other 
                charge for the use of a bridge located entirely within 
                1 city shall be eliminated from the plan by the 
                Administrator on application by the Governor of the 
                State, which application shall include a certification 
                by the Governor that the Governor will revise the plan 
                in accordance with subparagraph (B).
                  (B) Plan revision.--In the case of any applicable 
                implementation plan with respect to which a measure has 
                been eliminated under subparagraph (A)--
                          (i) the plan shall be revised to include 
                        comprehensive measures to--
                                  (I) establish, expand, or improve 
                                public transportation measures to meet 
                                basic transportation needs, as 
                                expeditiously as is practicable; and
                                  (II) implement transportation control 
                                measures necessary to attain and 
                                maintain NAAQSes; and
                          (ii) the revised plan shall, for the purpose 
                        of implementing those comprehensive public 
                        transportation measures, include requirements 
                        to use (insofar as is necessary) Federal 
                        grants, State or local funds, or any 
                        combination of such grants and funds as may be 
                        consistent with the terms of the legislation 
                        providing the grants and funds.
                  (C) Emission reductions equivalent.--The measures 
                under subparagraph (B)(i) shall, as a substitute for 
                the tolls or charges eliminated under subparagraph (A), 
                provide for emission reductions equivalent to the 
                reductions that may reasonably be expected to be 
                achieved through the use of the tolls or charges 
                eliminated.
                  (D) Coordination.--Any revision of an implementation 
                plan for purposes of meeting the requirements of 
                subparagraphs (B) and (C) shall be submitted in 
                coordination with any plan revision required under 
                chapter 215.
  (d) Temporary Emergency Suspensions on Determination by the President 
of a National or Regional Energy Emergency.--
          (1) Determination by the president.--On application by the 
        owner or operator of a fuel burning stationary source, and 
        after notice and opportunity for public hearing, the Governor 
        of the State in which the source is located may petition the 
        President to determine that a national or regional energy 
        emergency exists of such severity that--
                  (A) a temporary suspension of any part of the 
                applicable implementation plan or of any requirement 
                under section 233110 of this title may be necessary; 
                and
                  (B) other means of responding to the energy emergency 
                may be inadequate.
          (2) Nondelegability.--A determination under paragraph (1) 
        shall not be delegable by the President to any other person.
          (3) Temporary emergency suspensions.--
                  (A) In general.--If the President determines that a 
                national or regional energy emergency of the severity 
                described in paragraph (1) exists, a temporary 
                emergency suspension of any part of an applicable 
                implementation plan or of any requirement under section 
                233110 of this title adopted by the State may be issued 
                by the Governor of any State covered by the President's 
                determination under the condition specified in 
                subparagraph (B) and may take effect immediately.
                  (B) Condition.--A temporary emergency suspension 
                under subparagraph (A) shall be issued to a source only 
                if the Governor of the State finds that--
                          (i) there exists in the vicinity of the 
                        source a temporary energy emergency involving 
                        high levels of unemployment or loss of 
                        necessary energy supplies for residential 
                        dwellings; and
                          (ii) such unemployment or loss can be totally 
                        or partially alleviated by the emergency 
                        suspension.
                  (C) Limitation.--Not more than 1 temporary emergency 
                suspension may be issued for any source on the basis of 
                the same set of circumstances or on the basis of the 
                same emergency.
                  (D) Effective period.--A temporary emergency 
                suspension shall remain in effect for a maximum of--
                          (i) 4 months; or
                          (ii) such lesser period as may be specified 
                        in a disapproval order of the Administrator, if 
                        any.
                  (E) Disapproval by the administrator.--The 
                Administrator may disapprove a temporary emergency 
                suspension if the Administrator determines that it does 
                not meet the requirements of subparagraphs (B) and (C).
          (4) Applicability.--This subsection shall not apply in the 
        case of a plan provision or requirement promulgated by the 
        Administrator under subsection (c), but in any such case the 
        President may grant a temporary emergency suspension for a 4-
        month period of any such provision or requirement if the 
        President makes the determinations and findings specified in 
        paragraph (1) and subparagraphs (B) and (C) of paragraph (3).
  (e) Temporary Emergency Suspensions by a Governor To Prevent Closing 
of a Source.--
          (1) In general.--In the case of any State that has adopted 
        and submitted to the Administrator a proposed plan revision 
        that--
                  (A) the State determines--
                          (i) meets the requirements of this section; 
                        and
                          (ii) is necessary--
                                  (I) to prevent the closing for 1 year 
                                or more of any source of air pollution; 
                                and
                                  (II) to prevent substantial increases 
                                in unemployment that would result from 
                                such a closing; and
                  (B) the Administrator has not approved or disapproved 
                under this section within 12 months of submission of 
                the proposed plan revision;
        the Governor may issue a temporary emergency suspension of the 
        part of the applicable implementation plan for the State that 
        is proposed to be revised with respect to that source.
          (2) Determination under paragraph (1)(a)(ii).--A 
        determination under paragraph (1)(A)(ii) may not be made with 
        respect to a source that would close without regard to whether 
        or not the proposed plan revision is approved.
          (3) Effective period.--A temporary emergency suspension 
        issued by a Governor under this subsection shall remain in 
        effect for a maximum of--
                  (A) 4 months; or
                  (B) such lesser period as may be specified in a 
                disapproval order of the Administrator.
          (4) Disapproval by the administrator.--The Administrator may 
        disapprove a temporary emergency suspension if the 
        Administrator determines that it does not meet the requirements 
        of this subsection.
  (f) Comprehensive Documents Setting Forth Requirements of Applicable 
Implementation Plans.--
          (1) In general.--Every 3 years, the Administrator shall 
        assemble and publish a comprehensive document for each State 
        setting forth all requirements of the applicable implementation 
        plan for the State and shall publish notice in the Federal 
        Register of the availability of such documents.
          (2) Regulations.--The Administrator may promulgate such 
        regulations as may be reasonably necessary to carry out this 
        subsection.
  (g) No Modification of Implementation Plan Requirements.--Except for 
a suspension under subsection (d) or (e), an exemption under section 
211118 of this title, a plan promulgation under subsection (c), or a 
plan revision under subsection (a)(4), no order, suspension, plan 
revision, or other action modifying any requirement of an applicable 
implementation plan may be taken with respect to any stationary source 
by a State or by the Administrator.
  (h) Technological Systems of Continuous Emission Reduction on New or 
Modified Stationary Sources; Compliance With Requirements.--As a 
condition for issuance of any permit required under this subdivision, 
the owner or operator of each new or modified stationary source that is 
required to obtain such a permit shall show to the satisfaction of the 
permitting authority that--
          (1) the technological system of continuous emission reduction 
        that is to be used at the source will enable the source to 
        comply with the standards of performance that are to apply to 
        the source; and
          (2) the construction or modification and operation of the 
        source will be in compliance with all other requirements of 
        this division.
  (i) EPA Action on Plan Submissions.--
          (1) Completeness of plan submissions.--
                  (A) Completeness criteria.--The Administrator shall 
                promulgate minimum criteria that any plan submission 
                shall meet before the Administrator is required to act 
                on the submission under this subsection. The criteria 
                shall be limited to the information necessary to enable 
                the Administrator to determine whether the plan 
                submission complies with this division.
                  (B) Completeness finding.--Within 60 days after the 
                Administrator's receipt of a plan or plan revision, but 
                not later than 6 months after the date, if any, by 
                which a State is required to submit the plan or 
                revision, the Administrator shall determine whether the 
                minimum criteria established pursuant to subparagraph 
                (A) have been met. Any plan or plan revision that a 
                State submits to the Administrator, and that has not 
                been determined by the Administrator (by the date that 
                is 6 months after receipt of the submission) to have 
                failed to meet the minimum criteria established 
                pursuant to subparagraph (A) shall on that date be 
                deemed by operation of law to meet the minimum 
                criteria.
                  (C) Effect of finding of incompleteness.--Where the 
                Administrator determines that a plan submission (or 
                part thereof) does not meet the minimum criteria 
                established pursuant to subparagraph (A), the State 
                shall be treated as not having made the submission (or, 
                in the Administrator's discretion, part thereof).
          (2) Deadline for action.--Within 12 months after a 
        determination by the Administrator (or a determination deemed 
        by operation of law) under paragraph (1) that a State has 
        submitted a plan or plan revision (or, in the Administrator's 
        discretion, part thereof) that meets the minimum criteria 
        established pursuant to paragraph (1), if applicable (or, if 
        those criteria are not applicable, within 12 months after 
        submission of the plan or revision), the Administrator shall 
        act on the submission in accordance with paragraph (3).
          (3) Full and partial approval and disapproval.--In the case 
        of any submittal on which the Administrator is required to act 
        under paragraph (2), the Administrator shall approve the 
        submittal as a whole if it meets all of the applicable 
        requirements of this division. If a portion of the plan 
        revision meets all the applicable requirements of this 
        division, the Administrator may approve the plan revision in 
        part and disapprove the plan revision in part. The plan 
        revision shall not be treated as meeting the requirements of 
        this division until the Administrator approves the entire plan 
        revision as complying with the applicable requirements of this 
        division.
          (4) Conditional approval.--The Administrator may approve a 
        plan revision based on a commitment of the State to adopt 
        specific enforceable measures by a date certain, but not later 
        than 1 year after the date of approval of the plan revision. 
        Any such conditional approval shall be treated as a disapproval 
        if the State fails to comply with the commitment.
          (5) Calls for plan revisions.--
                  (A) In general.--Whenever the Administrator finds 
                that the applicable implementation plan for any area is 
                substantially inadequate to attain or maintain the 
                relevant NAAQS, to mitigate adequately the interstate 
                pollutant transport described in section 215108 of this 
                title or section 215205 of this title, or to otherwise 
                comply with any requirement of this division, the 
                Administrator shall require the State to revise the 
                plan as necessary to correct such inadequacies.
                  (B) Notice; deadlines.--The Administrator--
                          (i) shall notify the State of the 
                        inadequacies; and
                          (ii) may establish reasonable deadlines (not 
                        to exceed 18 months after the date of the 
                        notice) for the submission of the plan 
                        revisions.
                  (C) Public availability.--The findings under 
                subparagraph (A) and notice under subparagraph (B) 
                shall be public.
                  (D) Effect of finding.--Any finding under this 
                paragraph shall, to the extent that the Administrator 
                considers appropriate, subject the State to the 
                requirements of this division to which the State was 
                subject when it developed and submitted the plan for 
                which the finding was made, except that the 
                Administrator may adjust any dates applicable under 
                those requirements as appropriate (except that the 
                Administrator may not adjust any attainment date 
                prescribed under chapter 215 unless that date has 
                elapsed).
          (6) Corrections.--Whenever the Administrator determines that 
        the Administrator's action approving, disapproving, or 
        promulgating any plan or plan revision (or part thereof), area 
        designation, redesignation, classification, or reclassification 
        was in error, the Administrator may in the same manner as the 
        approval, disapproval, or promulgation revise the action as 
        appropriate without requiring any further submission from the 
        State. Such a determination and the basis thereof shall be 
        provided to the State and public.
  (j) Plan Revisions.--Each revision to an implementation plan 
submitted by a State under this division shall be adopted by the State 
after reasonable notice and public hearing. The Administrator shall not 
approve a revision of a plan if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in section 215101 of this title) or any other 
applicable requirement of this division.
  (k) Sanctions.--
          (1) In general.--The Administrator may apply any of the 
        sanctions listed in section 215111(b) of this title at any time 
        (or at any time after) the Administrator makes a finding, 
        disapproval, or determination under subparagraphs (A) through 
        (D), respectively, of section 215111(a)(1) of this title in 
        relation to any plan or plan item (as that term is defined by 
        the Administrator) required under this division, with respect 
        to any portion of the State that the Administrator determines 
        to be reasonable and appropriate, for the purpose of ensuring 
        that the requirements of this division relating to the plan or 
        plan item are met.
          (2) Criteria.--The Administrator shall, by regulation, 
        establish criteria for exercising the Administrator's authority 
        under paragraph (1) with respect to any deficiency described in 
        section 215111(a)(1) of this title to ensure that, during the 
        24-month period following the finding, disapproval, or 
        determination described in section 215111(a)(1) of this title, 
        the sanctions are not applied on a statewide basis where 1 or 
        more political subdivisions covered by the applicable 
        implementation plan are principally responsible for the 
        deficiency.
  (l) Savings Provisions.--
          (1) Existing plan provisions.--Any provision of any 
        applicable implementation plan that was approved or promulgated 
        by the Administrator pursuant to section 110 of the Clean Air 
        Act (42 U.S.C. 7410) (as in effect before November 15, 1990) 
        shall remain in effect as part of the applicable implementation 
        plan, except to the extent that a revision to the provision is 
        approved or promulgated by the Administrator pursuant to this 
        division.
          (2) Attainment dates.--For any area not designated 
        nonattainment, any plan or plan revision submitted or required 
        to be submitted by a State--
                  (A) in response to the promulgation or revision of a 
                primary NAAQS in effect on November 15, 1990; or
                  (B) in response to a finding of substantial 
                inadequacy under section 110(a)(2) of the Clean Air Act 
                (42 U.S.C. 7410(a)(2)) (as in effect before November 
                15, 1990);
        shall provide for attainment of the primary NAAQSes within 5 
        years after issuance of the finding of substantial inadequacy.
          (3) Retention of construction moratorium in certain areas.--
        In the case of an area to which, as of November 14, 1990, the 
        prohibition on construction or modification of major stationary 
        sources prescribed in section 110(a)(2)(I) of the Clean Air Act 
        (42 U.S.C. 7410(a)(2)(I)) (as in effect before November 15, 
        1990) applied by virtue of a finding of the Administrator that 
        the State containing that area had not submitted an 
        implementation plan meeting the requirements of section 
        172(b)(6) of the Clean Air Act (42 U.S.C. 7502(b)(6)) (as in 
        effect before November 15, 1990) or section 172(a)(1) of the 
        Clean Air Act (42 U.S.C. 7502(a)(1)) (to the extent that those 
        requirements relate to provision for attainment of the primary 
        NAAQS for sulfur oxides by December 31, 1982) (as in effect 
        before November 15, 1990), no major stationary source of the 
        relevant air pollutant or pollutants shall be constructed or 
        modified in the area until the Administrator finds that the 
        plan for the area meets the applicable requirements of section 
        215102(c)(5) of this title or subchapter V of chapter 215, 
        respectively.
  (m) Indian Tribes.--
          (1) Review of implementation plan.--If an Indian tribe 
        submits an implementation plan to the Administrator pursuant to 
        section 203101(d) of this title, the plan shall be reviewed in 
        accordance with the provisions for review set forth in this 
        section for State plans, except as otherwise provided by 
        regulation promulgated pursuant to section 203101(d)(2) of this 
        title.
          (2) Applicability of implementation plan.--When an 
        implementation plan described in paragraph (1) becomes 
        effective in accordance with the regulations promulgated under 
        section 203101(d) of this title, the plan shall become 
        applicable to all areas (except as expressly provided otherwise 
        in the plan) located within the exterior boundaries of the 
        reservation, notwithstanding the issuance of any patent and 
        including rights-of-way running through the reservation.
  (n) Reports.--Any State shall submit, according to such schedule as 
the Administrator may prescribe, such reports as the Administrator may 
require relating to--
          (1) emission reductions;
          (2) vehicle miles traveled;
          (3) congestion levels; and
          (4) any other information that the Administrator considers 
        necessary to assess the development, effectiveness, need for 
        revision, or implementation of any plan or plan revision 
        required under this division.
Sec. 211111. Standards of performance for new stationary sources
  (a) Definitions.--In this section:
          (1) Existing source.--The term ``existing source'' means any 
        stationary source other than a new source.
          (2) Modify.--
                  (A) In general.--The term ``modify'', with respect to 
                a stationary source, means to make or undergo any 
                physical change in, or change in the method of 
                operation of, the stationary source that--
                          (i) increases the amount of any air pollutant 
                        emitted by the stationary source; or
                          (ii) results in the emission of any air 
                        pollutant not previously emitted.
                  (B) Exclusion.--The term ``modify'' does not include 
                converting to coal by reason of an order under section 
                2(a) of the Energy Supply and Environmental 
                Coordination Act of 1974 (15 U.S.C. 792(a)) or any 
                enactment that supersedes that Act.
          (3) New source.--The term ``new source'' means any stationary 
        source, the construction or modification of which is commenced 
        after the publication of regulations (or, if earlier, proposed 
        regulations) prescribing a standard of performance under this 
        section that will be applicable to the source.
          (4) Owner or operator.--The term ``owner or operator'' means 
        any person that owns, leases, operates, controls, or supervises 
        a stationary source.
          (5) Standard of performance.--The term ``standard of 
        performance'' means a standard for emissions of air pollutants 
        that reflects the degree of emission limitation achievable 
        through the application of the best system of emission 
        reduction that (taking into account the cost of achieving the 
        reduction and any non-air-quality health and environmental 
        impact and energy requirements) the Administrator determines 
        has been adequately demonstrated.
          (6) Stationary source.--The term ``stationary source'' means 
        any building, structure, facility, or installation that emits 
        or may emit any air pollutant.
          (7) Technological system of continuous emission reduction.--
        The term ``technological system of continuous emission 
        reduction'' means--
                  (A) a technological process for production or 
                operation by any source that is inherently low-
                polluting or nonpolluting; or
                  (B) a technological system for continuous reduction 
                of the pollution generated by a source before the 
                pollution is emitted into the ambient air, including 
                precombustion cleaning or treatment of fuel.
  (b) Standards of Performance.--
          (1) List of categories.--The Administrator shall publish (and 
        from time to time revise) a list of categories of stationary 
        sources. The Administrator shall include a category of sources 
        in the list if in the Administrator's judgment it causes, or 
        contributes significantly to, air pollution that may reasonably 
        be anticipated to endanger public health or welfare.
          (2) Regulations.--Within 1 year after the inclusion of a 
        category of stationary sources in a list under paragraph (1), 
        the Administrator shall publish proposed regulations 
        establishing Federal standards of performance for new sources 
        within the category. The Administrator shall afford interested 
        persons an opportunity for written comment on the proposed 
        regulations. After considering the comments, the Administrator 
        shall promulgate, within 1 year after publication of the 
        proposed regulations, the standard of performance with such 
        modifications as the Administrator considers appropriate.
          (3) Periodic review.--
                  (A) In general.--The Administrator shall, at least 
                every 8 years, review and, if appropriate, revise the 
                standard of performance following the procedure 
                required by this subsection for promulgation of 
                standards of performance.
                  (B) Readily available information.--Notwithstanding 
                subparagraph (A), the Administrator need not review any 
                standard of performance if the Administrator determines 
                that review is not appropriate in light of readily 
                available information on the efficacy of the standard 
                of performance.
          (4) Effective date.--A standard of performance or revision 
        thereof shall become effective on promulgation.
          (5) Consideration of emission limitations and percent 
        reductions achieved in practice.--When implementation and 
        enforcement of any requirement of this division indicate that 
        emission limitations and percent reductions beyond those 
        required by the standard of performance promulgated under this 
        section are achieved in practice, the Administrator shall, when 
        revising the standard of performance promulgated under this 
        section, consider the emission limitations and percent 
        reductions achieved in practice.
          (6) Classes, types, and sizes.--The Administrator may 
        distinguish among classes, types, and sizes within categories 
        of new sources for the purpose of establishing standards of 
        performance.
          (7) Pollution control techniques.--The Administrator shall 
        from time to time issue information on pollution control 
        techniques for categories of new sources and air pollutants 
        subject to this section.
          (8) New sources owned or operated by the united states.--This 
        section shall apply to any new source owned or operated by the 
        United States.
          (9) Effect of section.--Except as otherwise authorized under 
        subsection (f), nothing in this section shall be construed to 
        require, or to authorize the Administrator to require, any new 
        or modified source to install and operate any particular 
        technological system of continuous emission reduction to comply 
        with any new source standard of performance.
          (10) Certain new or modified fossil fuel-fired stationary 
        sources.--Any new or modified fossil fuel-fired stationary 
        source that commences construction prior to the date of 
        publication of proposed revised standards shall not be required 
        to comply with those revised standards.
  (c) State Implementation and Enforcement of Standards of 
Performance.--
          (1) Delegation of authority.--Each State may develop and 
        submit to the Administrator a procedure for implementing and 
        enforcing standards of performance for new sources located in 
        the State. If the Administrator finds that the State procedure 
        is adequate, the Administrator shall delegate to the State any 
        authority that the Administrator has under this division to 
        implement and enforce the standards of performance.
          (2) Effect of subsection.--Nothing in this subsection 
        prohibits the Administrator from enforcing any applicable 
        standard of performance under this section.
  (d) Standards of Performance Established by States for Existing 
Sources.--
          (1) Regulations.--
                  (A) In general.--The Administrator shall prescribe 
                regulations that establish a procedure similar to that 
                provided by section 211110 of this title under which 
                each State shall submit to the Administrator a plan 
                that--
                          (i) establishes standards of performance for 
                        any existing source for any air pollutant--
                                  (I)(aa) for which air quality 
                                criteria have not been issued; or
                                  (bb) that is not included on a list 
                                published under section 211108(a) of 
                                this title or emitted from a source 
                                category that is regulated under 
                                section 211112 of this title; but
                                  (II) to which a standard of 
                                performance under this section would 
                                apply if the existing source were a new 
                                source; and
                          (ii) provides for the implementation and 
                        enforcement of the standards of performance.
                  (B) Considerations.--The regulations under this 
                paragraph shall permit a State in applying a standard 
                of performance to any particular source under a plan 
                submitted under this paragraph to take into 
                consideration, among other factors, the remaining 
                useful life of the existing source to which the 
                standard of performance applies.
          (2) Authority of the administrator.--
                  (A) In general.--The Administrator shall have the 
                authority described in paragraph (1)--
                          (i) to prescribe a plan for a State in a case 
                        where the State fails to submit a satisfactory 
                        plan as the Administrator would have under 
                        section 211110(c) of this title in the case of 
                        failure to submit an implementation plan; and
                          (ii) to enforce the plan in a case where the 
                        State fails to enforce the plan as the 
                        Administrator would have under sections 211113 
                        and 211114 of this title with respect to an 
                        implementation plan.
                  (B) Considerations.--In promulgating a standard of 
                performance under a plan prescribed under this 
                paragraph, the Administrator shall take into 
                consideration, among other factors, the remaining 
                useful lives of the sources in the category of sources 
                to which the standard applies.
  (e) New Source Standards of Performance.--
          (1) In general.--For categories of major stationary sources 
        that the Administrator listed under section 111(b)(1)(A) of the 
        Clean Air Act (42 U.S.C. 7411(b)(1)(A)) before November 15, 
        1990, and for which the Administrator had not proposed 
        regulations by November 15, 1990, the Administrator shall 
        promulgate regulations establishing standards of performance.
          (2) Priorities.--In determining priorities for promulgating 
        standards for categories of major stationary sources for the 
        purpose of paragraph (1), the Administrator shall consider--
                  (A) the quantity of air pollutant emissions that each 
                category will emit or be designed to emit;
                  (B) the extent to which each air pollutant may 
                reasonably be anticipated to endanger public health or 
                welfare; and
                  (C) the mobility and competitive nature of each 
                category of sources and the consequent need for 
                nationally applicable new source standards of 
                performance.
          (3) Consultation.--Before promulgating any regulations under 
        this subsection or listing any category of major stationary 
        sources as required under this subsection, the Administrator 
        shall consult with appropriate representatives of the Governors 
        and of State air pollution control agencies.
          (4) Revision of regulations.--
                  (A) Specification of category listed.--On application 
                by the Governor of a State showing that the 
                Administrator has failed to specify in regulations 
                under paragraph (1) any category of major stationary 
                sources required to be specified under the regulations, 
                the Administrator shall revise the regulations to 
                specify any such category.
                  (B) Specification of category not listed.--On 
                application of the Governor of a State showing that any 
                category of stationary sources not included in the list 
                under section 111(b)(1)(A) of the Clean Air Act (42 
                U.S.C. 7411(b)(1)(A)) before November 15, 1990, 
                contributes significantly to air pollution that may 
                reasonably be anticipated to endanger public health or 
                welfare (notwithstanding that that category is not a 
                category of major stationary sources), the 
                Administrator shall revise the regulations to specify 
                that category of stationary sources.
                  (C) Proper application of criteria.--On application 
                of the Governor of a State showing that the 
                Administrator has failed to apply properly the criteria 
                required to be considered under paragraph (2), the 
                Administrator shall revise the list under subsection 
                (b)(1) to apply properly the criteria.
                  (D) New, innovative, or improved technology or 
                process.--On application of the Governor of a State 
                showing that--
                          (i) a new, innovative, or improved technology 
                        or process that achieves greater continuous 
                        emission reduction has been adequately 
                        demonstrated for any category of stationary 
                        sources; and
                          (ii) as a result of that technology or 
                        process, the new source standard of performance 
                        in effect under this section for that category 
                        no longer reflects the greatest degree of 
                        emission limitation achievable through 
                        application of the best technological system of 
                        continuous emission reduction that (taking into 
                        consideration the cost of achieving such an 
                        emission reduction, and any non-air-quality 
                        health and environmental impact and energy 
                        requirements) has been adequately demonstrated,
                the Administrator shall revise the standard of 
                performance for that category accordingly.
                  (E) Deadline.--Unless later deadlines for action of 
                the Administrator are otherwise prescribed under this 
                section, the Administrator shall, not later than 3 
                months after the date of receipt of any application by 
                a Governor of a State--
                          (i) find that the application does not 
                        contain the requisite showing and deny the 
                        application; or
                          (ii) grant the application and take the 
                        action required under this subsection.
          (5) Notice and opportunity for public hearing.--Before taking 
        any action required by this subsection, the Administrator shall 
        provide notice and opportunity for public hearing.
  (f) Design, Equipment, Work Practice, or Operational Standard if 
Standard of Performance Is Not Feasible.--
          (1) In general.--If, in the judgment of the Administrator, it 
        is not feasible to prescribe or enforce a standard of 
        performance, the Administrator may instead promulgate a design, 
        equipment, work practice, or operational standard (or 
        combination thereof) that reflects the best technological 
        system of continuous emission reduction that (taking into 
        consideration the cost of achieving the emission reduction, and 
        any non-air-quality health and environmental impact and energy 
        requirements) the Administrator determines has been adequately 
        demonstrated.
          (2) Operation and maintenance.--The Administrator shall 
        include as part of any design or equipment standard promulgated 
        under this subsection such requirements as will ensure the 
        proper operation and maintenance of any such element of design 
        or equipment.
          (3) Standard of performance not feasible.--For the purpose of 
        this subsection, the Administrator may determine that it is not 
        feasible to prescribe or enforce a standard of performance in 
        any situation in which the Administrator determines that--
                  (A) a pollutant or pollutants cannot be emitted 
                through a conveyance designed and constructed to emit 
                or capture pollutant, or any requirement for, or use 
                of, such a conveyance would be inconsistent with 
                Federal, State, or local law; or
                  (B) the application of measurement methodology to a 
                particular class of sources is not practicable due to 
                technological or economic limitations.
          (4) Alternative means of emission limitation.--If, after 
        notice and opportunity for public hearing, any person 
        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 that air pollutant achieved 
        under a design, equipment, work practice, or operational 
        standard promulgated under paragraph (1), the Administrator 
        shall permit the use of the alternative by the source for 
        purposes of compliance with this section with respect to that 
        pollutant.
          (5) Promulgation of standard of performance when feasible.--
        Any design, equipment, work practice, or operational standard 
        promulgated under paragraph (1) shall be promulgated in terms 
        of a standard of performance whenever it becomes feasible to 
        promulgate and enforce the design, equipment, work practice, or 
        operational standard in terms of a standard of performance.
          (6) Treatment.--Any design, equipment, work practice, or 
        operational standard, or any combination thereof, described in 
        this subsection shall be treated as a standard of performance 
        for purposes of this division (except subsection (a) and this 
        subsection).
  (g) Country Elevators.--Any regulations promulgated by the 
Administrator under this section applicable to grain elevators shall 
not apply to country elevators (as defined by the Administrator) that 
have a storage capacity of less than 2,500,000 bushels.
  (h) Waivers To Encourage the Use of Innovative Technological Systems 
of Continuous Emission Reduction.--
          (1) Request for waiver.--Any person proposing to own or 
        operate a new source may request the Administrator for 1 or 
        more waivers from the requirements of this section for the 
        source or any portion thereof with respect to any air pollutant 
        to encourage the use of 1 or more innovative technological 
        systems of continuous emission reduction.
          (2) Grant of waiver.--The Administrator may, with the consent 
        of the Governor of the State in which the source is to be 
        located, grant a waiver under paragraph (1) if the 
        Administrator determines, after notice and opportunity for 
        public hearing, that--
                  (A) the proposed system or systems have not been 
                adequately demonstrated;
                  (B)(i) the proposed system or systems will operate 
                effectively; and
                  (ii) there is a substantial likelihood that the 
                system or systems will achieve--
                          (I) greater continuous emission reduction 
                        than that required to be achieved under the 
                        standards of performance that would otherwise 
                        apply; or
                          (II) at least an equivalent reduction at 
                        lower cost in terms of energy, economic, or 
                        non-air-quality environmental impact;
                  (C) the owner or operator of the proposed source has 
                demonstrated to the satisfaction of the Administrator 
                that the proposed system will not cause or contribute 
                to an unreasonable risk to public health, welfare, or 
                safety in its operation, function, or malfunction; and
                  (D) the granting of the waiver is consistent with 
                paragraph (6).
          (3) Likelihood of greater continuous emission reduction.--In 
        making any determination under paragraph (2)(B), the 
        Administrator shall take into account any previous failure of 
        the system or systems to operate effectively or to meet any 
        requirement of the new source performance standards.
          (4) Risk to public health, welfare, or safety.--
                  (A) Considerations.--In determining whether an 
                unreasonable risk exists under paragraph (2)(C), the 
                Administrator shall consider, among other factors--
                          (i) whether and to what extent the use of the 
                        proposed technological system will cause, 
                        increase, reduce, or eliminate emissions of any 
                        unregulated pollutants;
                          (ii) available methods for reducing or 
                        eliminating any risk to public health, welfare, 
                        or safety that may be associated with the use 
                        of the system; and
                          (iii) the availability of other technological 
                        systems that may be used to conform to 
                        standards under this section without causing or 
                        contributing to an unreasonable risk.
                  (B) Tests; information.--The Administrator may 
                conduct such tests and require the owner or operator of 
                the proposed source to conduct such tests and provide 
                such information as is necessary to carry out paragraph 
                (2)(C). Such requirements shall include a requirement 
                for prompt reporting of the emission of any unregulated 
                pollutant from a system if the pollutant was not 
                emitted, or was emitted in significantly lesser 
                amounts, without use of the system.
          (5) Terms and conditions.--
                  (A) In general.--A waiver under paragraph (5) shall 
                be granted on such terms and conditions as the 
                Administrator determines to be necessary to--
                          (i) ensure that emissions from the source 
                        will not prevent attainment and maintenance of 
                        any NAAQSes; and
                          (ii) ensure the proper functioning of the 
                        technological system or systems authorized.
                  (B) Treatment as standard of performance.--Any such 
                term or condition shall be treated as a standard of 
                performance for the purposes of subsection (j) and 
                section 211113 of this title.
          (6) Number of waivers.--The number of waivers granted under 
        this subsection with respect to a proposed technological system 
        of continuous emission reduction shall not exceed such number 
        as the Administrator finds necessary to ascertain whether or 
        not the system will achieve the conditions specified in 
        subparagraphs (B) and (C) of paragraph (2).
          (7) Effective period.--
                  (A) In general.--A waiver under paragraph (1) shall 
                extend to the earlier of--
                          (i) a date determined by the Administrator, 
                        after consultation with the owner or operator 
                        of the source, taking into consideration the 
                        design, installation, and capital cost of the 
                        technological system or systems being used; or
                          (ii) the date on which the Administrator 
                        determines that--
                                  (I) the system has failed to--
                                          (aa) achieve at least an 
                                        equivalent continuous emission 
                                        reduction to that required to 
                                        be achieved under the standards 
                                        of performance that would 
                                        otherwise apply; or
                                          (bb) comply with the 
                                        condition specified in 
                                        paragraph (2)(C); and
                                  (II) the failure cannot be corrected.
                  (B) Date determined by the administrator.--In 
                carrying out subparagraph (A)(i), the Administrator 
                shall not permit any waiver for a source or portion 
                thereof to extend beyond the earlier of--
                          (i) years after the date on which any waiver 
                        is granted to the source or portion thereof; or
                          (ii) the date that is 4 years after the date 
                        on which the source or portion thereof 
                        commences operation.
          (8) Portion of source to which waiver applies.--No waiver 
        under paragraph (1) shall apply to any portion of a source 
        other than the portion on which the innovative technological 
        system or systems of continuous emission reduction are used.
          (9) Extension.--
                  (A) In general.--If a waiver for a source is 
                terminated under paragraph (7)(A)(ii), the 
                Administrator shall grant an extension of the 
                requirements of this section for the source for such 
                minimum period as may be necessary to comply with the 
                applicable standard of performance under this section. 
                That period shall not extend beyond the date that is 3 
                years after the date on which the waiver is terminated.
                  (B) Emission limits and compliance schedule.--
                          (i) In general.--An extension granted under 
                        this paragraph shall--
                                  (I) set forth emission limits and a 
                                compliance schedule containing 
                                increments of progress that require 
                                compliance with the applicable 
                                standards of performance as 
                                expeditiously as practicable; and
                                  (II) include such measures as are 
                                necessary and practicable in the 
                                interim to minimize emissions.
                          (ii) Treatment.--A schedule under clause 
                        (i)(I) shall be treated as a standard of 
                        performance for purposes of subsection (j) and 
                        section 211113 of this title.
  (i) Incineration Units.--An incineration unit shall not be considered 
to be combusting municipal waste for purposes of this section if the 
incineration unit combusts a fuel feed stream 30 percent or less of the 
weight of which is comprised, in aggregate, of municipal waste.
  (j) Prohibition.--It shall be unlawful for any owner or operator of 
any new source to operate the source in violation of any standard of 
performance applicable to the source.
Sec. 211112. Hazardous air pollutants
  (a) Definitions.--In this section:
          (1) Adverse environmental effect.--
                  (A) In general.--The term ``adverse environmental 
                effect'' means any significant and widespread adverse 
                effect that may reasonably be anticipated, to wildlife, 
                aquatic life, or other natural resources.
                  (B) Inclusions.--The term ``adverse environmental 
                effect'' includes adverse impacts on--
                          (i) populations of endangered or threatened 
                        species; or
                          (ii) significant degradation of environmental 
                        quality over broad areas.
          (2) Area source.--
                  (A) In general.--The term ``area source'' means any 
                stationary source of hazardous air pollutants that is 
                not a major source.
                  (B) Exclusions.--The term ``area source'' does not 
                include motor vehicles or nonroad vehicles subject to 
                regulation under subdivision 3.
          (3) Carcinogenic.--
                  (A) In general.--Unless revised, the term 
                ``carcinogenic'' has the meaning provided by the 
                Administrator for purposes of the term ``carcinogenic 
                effect'' under the Guidelines for Carcinogenic Risk 
                Assessment as of November 15, 1990.
                  (B) Revision.--Any revision in the Guidelines for 
                Carcinogenic Risk Assessment shall be subject to notice 
                and opportunity for comment.
          (4) Electric utility steam generating unit.--
                  (A) In general.--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.
                  (B) Cogeneration units.--A unit that cogenerates 
                steam and electricity and supplies more than \1/3\ of 
                its potential electric output capacity and more than 25 
                megawatts electrical output to any utility power 
                distribution system for sale shall be considered to be 
                an electric utility steam generating unit.
          (5) Existing source.--The term ``existing source'' means any 
        stationary source other than a new source.
          (6) Hazardous air pollutant.--The term ``hazardous air 
        pollutant'' means any air pollutant listed pursuant to 
        subsection (b).
          (7) Major source.--
                  (A) In general.--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--
                          (i) 10 tons per year or more of any hazardous 
                        air pollutant; or
                          (ii) 25 tons per year or more of any 
                        combination of hazardous air pollutants.
                  (B) Lesser quantity; different criteria.--The 
                Administrator may establish a lesser quantity, or in 
                the case of radionuclides different criteria, for a 
                major source than that specified in subparagraph (A), 
                on the basis of--
                          (i) the potency of the air pollutant;
                          (ii) the persistence of the air pollutant;
                          (iii) the potential for bioaccumulation of 
                        the air pollutant;
                          (iv) other characteristics of the air 
                        pollutant; or
                          (v) other relevant factors.
          (8) Modification.--The term ``modification'' means any 
        physical change in, or change in the method of operation of, a 
        major source that--
                  (A) increases the actual emissions of any hazardous 
                air pollutant emitted by the source by more than a de 
                minimis amount; or
                  (B) results in the emission of any hazardous air 
                pollutant not previously emitted by more than a de 
                minimis amount.
          (9) 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 the 
        source.
          (10) Owner or operator.--Except in subsection (q), the term 
        ``owner or operator'' means any person that owns, leases, 
        operates, controls, or supervises a stationary source.
          (11) Stationary source.--The term ``stationary source'' has 
        the meaning given the term in section 211111(a) of this title.
  (b) List of Pollutants.--
          (1) List.--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 tertiary 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 that 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\XCN where X = H or any other group where a formal dissociation may
  occur. For example KCN or Ca(CN)2.
\2\Includes mono- and di- ethers of ethylene glycol, diethylene glycol,
  and triethylene glycol R-(OCH2CH2)n-OR where
      n = 1, 2, or 3
      R = alkyl or aryl groups
      R = R, H, or groups that, when removed, yield glycol ethers with
  the structure: R-(OCH2CH)n-OH. Polymers are excluded from the glycol
  category.
\3\Includes mineral fiber emissions from facilities manufacturing or
  processing glass, rock, or slag fibers (or other mineral derived
  fibers) of average diameter 1 micrometer or less.
\4\Includes organic compounds that have more than 1 benzene ring and
  have a boiling point greater than or equal to 100 degrees C.
\5\A type of atom that spontaneously undergoes radioactive decay.

          (2) Revision of list.--
                  (A) In general.--The Administrator shall periodically 
                review the list established by paragraph (1) and 
                publish the results of the review and, where 
                appropriate, revise the list by regulation, adding 
                pollutants that present, or may present, through 
                inhalation or other routes of exposure, a threat of--
                          (i) adverse human health effects, including 
                        substances that--
                                  (I) are known to be, or may 
                                reasonably be anticipated to be, 
                                carcinogenic, mutagenic, teratogenic, 
                                neurotoxic;
                                  (II) cause reproductive dysfunction; 
                                or
                                  (III) are acutely or chronically 
                                toxic; or
                          (ii) adverse environmental effects, whether 
                        through--
                                  (I) ambient concentrations;
                                  (II) bioaccumulation;
                                  (III) deposition; or
                                  (IV) otherwise (not including 
                                releases subject to regulation under 
                                subsection (q) as a result of emissions 
                                to the air).
                  (B) Pollutants listed under section 211108(a).--
                          (i) In general.--No air pollutant that is 
                        listed under section 211108(a) of this title 
                        may be added to the list under this section.
                          (ii) Applicability.--This subparagraph does 
                        not apply to any pollutant that--
                                  (I) independently meets the listing 
                                criteria of subparagraph (A) and is a 
                                precursor to a pollutant that is listed 
                                under section 211108(a) of this title; 
                                or
                                  (II) is in a class of pollutants 
                                listed under that section.
                  (C) Substances, practices, processes, and activities 
                regulated under subdivision 7.--No substance, practice, 
                process, or activity regulated under subdivision 7 
                shall be subject to regulation under this section 
                solely due to its adverse effects on the environment.
          (3) Petitions to modify the list.--
                  (A) Petition.--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. Any such petition shall include a 
                showing by the petitioner that there are adequate data 
                on the health or environmental effects of the pollutant 
                or other evidence adequate to support the petition.
                  (B) Action by the administrator.--Within 18 months 
                after receipt of a petition, the Administrator shall 
                grant or deny the petition by publishing a written 
                explanation of the reasons for the Administrator's 
                decision. The Administrator may not deny a petition 
                solely on the basis of inadequate resources or time for 
                review.
                  (C) Addition of substance.--The Administrator shall 
                add a substance to the list on a showing by the 
                petitioner or on the Administrator's own determination 
                that--
                          (i) the substance is an air pollutant; and
                          (ii) emissions, ambient concentrations, 
                        bioaccumulation, or deposition of the substance 
                        are known to cause or may reasonably be 
                        anticipated to cause adverse effects on human 
                        health or adverse environmental effects.
                  (D) Deletion from list.--
                          (i) In general.--The Administrator shall 
                        delete a substance from the list on a showing 
                        by the petitioner or on the Administrator's own 
                        determination that there are 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 on 
                        human health or adverse environmental effects.
                          (ii) Certain unique chemical substances that 
                        contain a listed hazardous air pollutant not 
                        having a cas number.--The Administrator shall 
                        delete from the list 1 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) on a showing by the 
                        petitioner or on the Administrator's own 
                        determination that the unique chemical 
                        substances that contain the named chemical of 
                        the listed hazardous air pollutant meet the 
                        deletion requirements of clause (i).
          (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 
        regulation, 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.--Chapter 213 
        shall not apply to a pollutant 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) Publication and revision.--
                  (A) In general.--The Administrator shall publish, and 
                shall from time to time, but not 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).
                  (B) Consistency.--
                          (i) In general.--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 211111 of this title and chapter 
                        213.
                          (ii) Effect.--Nothing in clause (i) limits 
                        the Administrator's authority to establish 
                        subcategories under this section, as 
                        appropriate.
          (2) Requirement for emission standards.--For the categories 
        and subcategories that the Administrator lists, the 
        Administrator shall establish emission standards under 
        subsection (d), according to the schedule in this subsection 
        and subsection (e).
          (3) Area sources.--The Administrator shall list under this 
        subsection each category or subcategory of area sources that 
        the Administrator finds presents a threat of adverse effects on 
        human health or the environment (by such sources individually 
        or in the aggregate) warranting regulation under this section. 
        The Administrator shall, pursuant to subsection (j)(3)(B), 
        list, based on actual or estimated aggregate emissions of a 
        listed pollutant or pollutants, sufficient categories or 
        subcategories of area sources to ensure that area sources 
        representing 90 percent of the area source emissions of the 30 
        hazardous air pollutants that present the greatest threat to 
        public health in the largest number of urban areas are subject 
        to regulation under this section.
          (4) Previously regulated sources.--The Administrator may list 
        any category or subcategory of sources regulated under section 
        112 of the Clean Air Act (42 U.S.C. 7412) (as in effect before 
        November 15, 1990).
          (5) Additional categories.--In addition to the 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 criteria for listing applicable 
        under those paragraphs. In the case of source categories and 
        subcategories listed after publication of the initial list 
        required under paragraph (1) or (3), emission standards under 
        subsection (d) for the category or subcategory shall be 
        promulgated within 2 years after the date on which the category 
        or subcategory is listed.
          (6) Specific pollutants.--
                  (A) In general.--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 
                list categories and subcategories of sources ensuring 
                that sources accounting for not less than 90 percent of 
                the aggregate emissions of each such pollutant are 
                subject to standards under paragraph (2) or (4) of 
                subsection (d).
                  (B) Effect of paragraph.--This paragraph shall not be 
                construed to require the Administrator to promulgate 
                standards for pollutants described in subparagraph (A) 
                emitted by electric utility steam generating units.
          (7) Research or laboratory facilities.--
                  (A) Definition of research or laboratory facility.--
                In this paragraph, the term ``research or laboratory 
                facility'' means a stationary source the primary 
                purpose of which is to conduct research and development 
                into a new process or products, where if the source--
                          (i) is operated under the close supervision 
                        of technically trained personnel; and
                          (ii) is not engaged in the manufacture of a 
                        product for commercial sale in commerce, except 
                        in a de minimis manner.
                  (B) Separate category.--The Administrator shall 
                establish a separate category covering research or 
                laboratory facilities as necessary to ensure the 
                equitable treatment of such facilities.
          (8) Boat manufacturing.--When establishing emission standards 
        for styrene, the Administrator shall list boat manufacturing as 
        a separate subcategory unless the Administrator finds that such 
        a listing would be inconsistent with the goals and requirements 
        of this division.
          (9) Deletion from list.--
                  (A) Unique chemical substances.--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 subsection 
                (b)(3)(D).
                  (B) Any source category.--
                          (i) In general.--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 
                                that may cause a lifetime risk of 
                                cancer greater than 1 in 1,000,000 to 
                                the individual in the population who is 
                                most exposed to emissions of the 
                                pollutants from the source (or group of 
                                sources in the case of an area source).
                                  (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 (or group of sources in the 
                                case of area sources) exceed a level 
                                that 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 an area source).
                          (ii) Grant or denial.--The Administrator 
                        shall grant or deny a petition under this 
                        subparagraph within 1 year after the petition 
                        is filed.
  (d) Emission Standards.--
          (1) Regulations.--
                  (A) 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).
                  (B) Classes, types, and sizes.--The Administrator may 
                distinguish among classes, types, and sizes of sources 
                within a category or subcategory in establishing the 
                emission standards, except that there shall be no delay 
                in the compliance date for any standard applicable to 
                any source under subsection (i) as the result of the 
                authority provided by this subparagraph.
          (2) Standards and methods.--
                  (A) In general.--Emission standards promulgated under 
                this subsection and applicable to new sources or 
                existing sources of hazardous air pollutants shall 
                require the maximum degree of reduction in emissions of 
                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 sources or existing 
                sources in the category or subcategory to which the 
                emission standard applies, through application of 
                measures, processes, methods, systems or techniques, 
                including measures that--
                          (i) reduce the volume of, or eliminate 
                        emissions of, such pollutants through process 
                        changes, substitution of materials, or other 
                        modifications;
                          (ii) enclose systems or processes to 
                        eliminate emissions;
                          (iii) collect, capture, or treat such 
                        pollutants when released from a process, stack, 
                        storage, or fugitive emissions point;
                          (iv) are design, equipment, work practice, or 
                        operational standards (including requirements 
                        for operator training or certification) as 
                        provided in subsection (h); or
                          (v) are a combination of the measures 
                        described in clauses (i) through (iv).
                  (B) No compromise of intellectual property rights.--
                None of the measures described in clauses (i) through 
                (iv) of subparagraph (A) shall, consistent with section 
                211114(c) of this title, in any way compromise any 
                United States patent or United States trademark right, 
                or confidential business information, trade secret, or 
                other intellectual property right.
          (3) New sources and existing sources.--
                  (A) New sources.--The maximum degree of reduction in 
                emissions that is considered 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.
                  (B) Existing sources.--An emission standard 
                promulgated under this subsection for existing sources 
                in a category or subcategory--
                          (i) may be less stringent than standards for 
                        new sources in the same category or 
                        subcategory; but
                          (ii) shall not be less stringent, and may be 
                        more stringent, than--
                                  (I) the average emission limitation 
                                achieved by the best performing 12 
                                percent of the existing sources (for 
                                which the Administrator has emissions 
                                information), excluding sources that 
                                have, within 18 months before the 
                                emission standard is proposed or within 
                                30 months before the emission standard 
                                is promulgated, whichever is later, 
                                first achieved a level of emission rate 
                                or emission reduction that complies, or 
                                would comply if the source is not 
                                subject to the standard, with the 
                                lowest achievable emission rate (as 
                                defined in section 215101 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
                                  (II) 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 that threshold level, with an ample margin of safety, 
        when establishing emission standards under this subsection.
          (5) Alternative standard for area sources.--With respect only 
        to categories and subcategories of area sources listed pursuant 
        to subsection (c), the Administrator may, in lieu of the 
        authorities provided in paragraph (2) and subsection (f), elect 
        to promulgate standards or requirements applicable to sources 
        in categories or subcategories that provide for the use of 
        generally available control technologies or management 
        practices by those 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 not less often than 
        every 8 years.
          (7) Other requirements.--No emission standard or other 
        requirement promulgated under this section shall be 
        interpreted, construed, or applied to diminish or replace the 
        requirements of--
                  (A) a more stringent emission limitation or other 
                applicable requirement established pursuant to section 
                211111 of this title, chapter 213 or 215, or other 
                authority of this division; or
                  (B) a standard issued under State authority.
          (8) Coke ovens.--
                  (A) Regulations establishing emission standards.--
                          (i) In general.--The Administrator shall 
                        promulgate regulations establishing emission 
                        standards under paragraphs (2) and (3) for coke 
                        oven batteries.
                          (ii) Evaluations.--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 the 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.
                          (iii) Minimum requirements.--The regulations 
                        shall require at a minimum that coke oven 
                        batteries will not exceed 8 percent leaking 
                        doors, 1 percent leaking lids, 5 percent 
                        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.
                  (B) Work practice regulations.--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 emission 
                        control and is achievable, taking into account 
                        costs and reasonable commercial warranties for 
                        doors and related equipment; and
                          (ii) door and jam cleaning practices.
                  (C) Coke oven batteries electing to qualify for 
                compliance date extension.--For coke oven batteries 
                electing to qualify for an extension of the compliance 
                date for standards promulgated under subsection (f) in 
                accordance with subsection (i)(8), the emission 
                standards under this subsection for coke oven batteries 
                shall require that coke oven batteries not exceed--
                          (i) 8 percent leaking doors;
                          (ii) 1 percent leaking lids;
                          (iii) 5 percent leaking offtakes; and
                          (iv) 16 seconds visible emissions per charge;
                with no exclusion for emissions during the period after 
                the closing of self-sealing doors.
          (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 regulation, and after consultation with the Nuclear 
        Regulatory Commission, that the regulatory program established 
        by the Nuclear Regulatory Commission pursuant to the Atomic 
        Energy Act of 1954 (42 U.S.C. 2011 et seq.) for the category or 
        subcategory provides an ample margin of safety to protect the 
        public health. Nothing in this subsection precludes or denies 
        the right of any State or political subdivision thereof to 
        adopt or enforce any standard or limitation respecting 
        emissions of radionuclides that is more stringent than the 
        standard or limitation in effect under section 211111 of this 
        title or this section.
          (10) Effective date.--Emission standards or other regulations 
        promulgated under this subsection shall be effective on 
        promulgation.
  (e) Priorities; Judicial Review.--
          (1) Priorities.--In determining priorities for promulgating 
        standards under subsection (d), the Administrator shall 
        consider--
                  (A) the known or anticipated adverse effects of 
                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.
          (2) Judicial review.--Notwithstanding section 203102 of this 
        title, no action of the Administrator adding a pollutant to the 
        list under subsection (b) or listing a source category or 
        subcategory under subsection (c) shall be a final agency action 
        subject to judicial review, except that any such action may be 
        reviewed under section 211113 of this title when the 
        Administrator issues emission standards for such a pollutant or 
        category.
  (f) Emission Standards To Protect Health and Environment.--
          (1) Report.--The Administrator shall investigate and report, 
        after consultation with the Surgeon General and after 
        opportunity for public comment, to Congress on--
                  (A) methods of calculating the risk to public health 
                remaining, or likely to remain, from sources subject to 
                regulation under this section after the application of 
                standards under subsection (d);
                  (B) the public health significance of such estimated 
                remaining risk and the technologically and commercially 
                available methods and costs of reducing such risks;
                  (C) the actual health effects with respect to persons 
                living in the vicinity of sources, any available 
                epidemiological or other health studies, risks 
                presented by background concentrations of hazardous air 
                pollutants, any uncertainties in risk assessment 
                methodology or other health assessment technique, and 
                any negative health or environmental consequences to 
                the community of efforts to reduce such risks; and
                  (D) recommendations as to legislation regarding the 
                remaining risk.
          (2) Emission standards.--
                  (A) In general.--If Congress does not act on any 
                recommendation submitted under paragraph (1), the 
                Administrator shall, within 8 years after promulgation 
                of emission standards for each category or subcategory 
                of sources pursuant to subsection (d), promulgate 
                emission standards for the category or subcategory if 
                promulgation of emission standards is required to 
                provide an ample margin of safety to protect public 
                health in accordance with section 112 of the Clean Air 
                Act (42 U.S.C. 7412) (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 
                section 112 of the Clean Air Act (42 U.S.C. 7412) (as 
                in effect before November 15, 1990), unless the 
                Administrator determines that a more stringent emission 
                standard is necessary to prevent, taking into 
                consideration costs, energy, safety, and other relevant 
                factors, an adverse environmental effect. If emission 
                standards promulgated pursuant to subsection (d) and 
                applicable to a category or subcategory of sources 
                emitting a pollutant (or pollutants) classified as a 
                known, probable, or possible human carcinogen do not 
                reduce lifetime excess cancer risks to the individual 
                most exposed to emissions from a source in the category 
                or subcategory to less than 1 in 1,000,000, the 
                Administrator shall promulgate emission standards under 
                this subsection for that source category.
                  (B) Effect of section.--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 section 112 of the 
                Clean Air Act (42 U.S.C. 7412) (as in effect before 
                November 15, 1990), and set forth in the Federal 
                Register of September 14, 1989 (54 Fed. Reg. 38044).
                  (C) Deadlines.--
                          (i) In general.--The Administrator shall 
                        determine whether or not to promulgate emission 
                        standards under subparagraph (A) and, if the 
                        Administrator decides to promulgate emission 
                        standards, shall promulgate the emission 
                        standards 8 years after promulgation of the 
                        emission standards under subsection (d) for 
                        each source category or subcategory concerned.
                          (ii) Categories or subcategories for which 
                        standards under subsection (d) were required to 
                        be promulgated within 2 years after november 
                        15, 1990.--In the case of categories or 
                        subcategories for which standards under 
                        subsection (d) were required to be promulgated 
                        within 2 years after November 15, 1990, the 
                        Administrator shall have 9 years after 
                        promulgation of the emission standards under 
                        subsection (d) to make the determination under 
                        clause (i) and, if required, to promulgate the 
                        emission standards under this paragraph.
          (3) Effective date.--Any emission standard established 
        pursuant to this subsection shall become effective on 
        promulgation.
          (4) Prohibition.--
                  (A) In general.--Except as provided in subparagraph 
                (B), no air pollutant to which an emission standard 
                under this subsection applies may be emitted from any 
                stationary source in violation of the emission 
                standard.
                  (B) Existing sources.--In the case of an existing 
                source--
                          (i) the emission standard shall not apply 
                        until 90 days after its effective date; and
                          (ii) the Administrator may grant a waiver 
                        permitting an existing source a period of up to 
                        2 years after the effective date of an emission 
                        standard to comply with the emission standard 
                        if the Administrator finds that such a period 
                        is necessary for the installation of controls 
                        and that steps will be taken during the period 
                        of the waiver to ensure that the health of 
                        persons will be protected from imminent 
                        endangerment.
          (5) Area sources.--The Administrator is not required to 
        conduct any review under this subsection or promulgate emission 
        limitations under this subsection for any category or 
        subcategory of area sources that is listed pursuant to 
        subsection (c)(3) and for which an emission standard is 
        promulgated pursuant to subsection (d)(5).
          (6) Unique chemical substances.--In establishing emission 
        standards for the control of unique chemical substances of 
        listed pollutants without CAS numbers under this subsection, 
        the Administrator shall establish the emission 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) Change not a modification.--
                          (i) In general.--A physical change in, or 
                        change in the method of operation of, a major 
                        source that results in a greater than de 
                        minimis increase in actual emissions of a 
                        hazardous air pollutant shall not be considered 
                        a modification, if the increase in the quantity 
                        of actual emissions of any hazardous air 
                        pollutant from the source will be offset by an 
                        equal or greater decrease in the quantity of 
                        emissions of another hazardous air pollutant 
                        (or pollutants) from the source that is 
                        considered more hazardous, pursuant to guidance 
                        issued by the Administrator under subparagraph 
                        (B).
                          (ii) Showing.--The owner or operator of the 
                        source shall submit a showing to the 
                        Administrator (or the State) that an increase 
                        described in clause (i) has been offset as 
                        described in that clause.
                  (B) Guidance.--The Administrator shall, after notice 
                and opportunity for comment, publish guidance with 
                respect to implementation of this subsection. The 
                guidance shall include an identification, to the extent 
                practicable, of the relative hazard to human health 
                resulting from emissions to the ambient air of each of 
                the pollutants listed under subsection (b) sufficient 
                to facilitate the offset showing authorized by 
                subparagraph (A). The guidance shall not authorize 
                offsets between pollutants where the increased 
                pollutant (or more than 1 pollutant in a stream of 
                pollutants) causes adverse effects on human health for 
                which no safety threshold for exposure can be 
                determined unless there are corresponding decreases in 
                those types of pollutants.
          (2) Modification; construction or reconstruction.--
                  (A) Modification.--No person may modify a major 
                source of hazardous air pollutants in a 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 a determination shall be made on a case-
                by-case basis where no applicable emission limitations 
                have been established by the Administrator.
                  (B) Construction or reconstruction.--No person may 
                construct or reconstruct any major source of hazardous 
                air pollutants in a State 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 a 
                determination shall be made on a case-by-case basis 
                where no applicable emission limitations have been 
                established by the Administrator.
          (3) Procedures for modification.--The Administrator (or the 
        State) shall establish reasonable procedures for ensuring 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 of 
        prescribing or enforcing an emission standard, promulgate a 
        design, equipment, work practice, or operational standard, or 
        combination thereof, that in the Administrator's judgment is 
        consistent with subsection (d) or (f). If the Administrator 
        promulgates a design or equipment standard under this 
        subsection, the Administrator shall include as part of the 
        design or equipment standard such requirements as will ensure 
        the proper operation and maintenance of any such element of 
        design or equipment.
          (2) Emission standard not feasible.--For the purpose of this 
        subsection, the Administrator may determine that it is not 
        feasible to prescribe or enforce an emission standard in any 
        situation in which the Administrator determines that--
                  (A)(i) a hazardous air pollutant or pollutants cannot 
                be emitted through a conveyance designed and 
                constructed to emit or capture the pollutant; or
                  (ii) 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 the pollutant achieved under the requirements of 
        paragraph (1), the Administrator shall permit the use of the 
        alternative by the source for purposes of compliance with this 
        section with respect to that pollutant.
          (4) Numerical standard.--Any standard promulgated under 
        paragraph (1) shall be promulgated in terms of an emission 
        standard whenever it is feasible to promulgate and enforce a 
        standard in such terms.
  (i) Schedule for Compliance.--
          (1) Preconstruction and operating requirements.--After the 
        effective date of any emission standard, limitation, or 
        regulation under subsection (d), (f), or (h), no person may 
        construct any new major source or reconstruct any existing 
        major source subject to the emission standard, regulation, or 
        limitation unless the Administrator (or a State with a permit 
        program approved under subdivision 6) determines that the 
        source, if properly constructed, reconstructed, and operated, 
        will comply with the standard, regulation, or limitation.
          (2) Special rule.--Notwithstanding paragraph (1), a new 
        source that commences construction or reconstruction after a 
        standard, limitation, or regulation applicable to the source is 
        proposed and before the standard, limitation, or regulation is 
        promulgated shall not be required to comply with the 
        promulgated standard until the date that is 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) Prohibition.--After the effective date of any 
                emission standard, limitation, or regulation 
                promulgated under this section and applicable to a 
                source, no person may operate the source in violation 
                of the standard, limitation, or regulation except that, 
                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 the standard, limitation, or 
                regulation, except as provided in subparagraph (B) and 
                paragraphs (4) through (8).
                  (B) Extension permit.--The Administrator (or a State 
                with a program approved under subdivision 6) may issue 
                a permit that grants an extension permitting an 
                existing source up to 1 additional year to comply with 
                standards under subsection (d) if such an additional 
                period is necessary for the installation of controls. 
                An additional extension of up to 3 years may be added 
                for mining waste operations, if the 4-year compliance 
                time is insufficient to dry and cover mining waste in 
                order to reduce emissions of any pollutant listed under 
                subsection (b).
          (4) Presidential exemption.--The President may exempt any 
        stationary source from compliance with any standard or 
        limitation under this section for a period of not more than 2 
        years if the President determines that the technology to 
        implement the 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) In general.--
                          (i) Permit.--The Administrator (or a State 
                        acting pursuant to a permit program approved 
                        under subdivision 6) shall issue a permit 
                        allowing an existing source, for which the 
                        owner or operator demonstrates that the source 
                        has achieved a reduction of 90 percent or more 
                        in emissions of hazardous air pollutants (95 
                        percent in the case of hazardous air pollutants 
                        that are particulates) from the source, to meet 
                        an alternative emission limitation reflecting 
                        the reduction in lieu of an emission limitation 
                        promulgated under subsection (d) for a period 
                        of 6 years after the compliance date for the 
                        otherwise applicable standard, if reduction is 
                        achieved before the otherwise applicable 
                        standard under subsection (d) is first 
                        proposed.
                          (ii) Effect of paragraph.--Nothing in this 
                        paragraph precludes a State from requiring 
                        reductions in excess of those specified in this 
                        subparagraph as a condition of granting the 
                        extension authorized by clause (i).
                  (B) Reduction determination.--The reduction shall be 
                determined with respect to verifiable and actual 
                emissions in a base year not earlier than calendar year 
                1987, so long as 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 
                if the source can demonstrate to the satisfaction of 
                the Administrator that emissions data for the source 
                reflect verifiable data based on information for the 
                source, received by the Administrator prior to November 
                15, 1990, pursuant to an information request issued 
                under section 211114 of this title.
                  (C) Enforceable emission limitation.--For each source 
                granted an alternative emission limitation under this 
                paragraph there shall be established by a permit issued 
                pursuant to subdivision 6 an enforceable emission 
                limitation for hazardous air pollutants reflecting the 
                reduction that qualifies the source for an alternative 
                emission limitation under this paragraph. An 
                alternative emission limitation under this paragraph 
                shall not be available with respect to standards or 
                requirements promulgated pursuant to subsection (f), 
                and the Administrator shall, for the purpose of 
                determining whether a standard under subsection (f) is 
                necessary, review emissions from sources granted an 
                alternative emission limitation under this paragraph at 
                the same time that other sources in the category or 
                subcategory are reviewed.
                  (D) Limitation.--With respect to pollutants for which 
                high risks of adverse public health effects may be 
                associated with exposure to small quantities, including 
                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 percent reduction in 
                such high-risk pollutants qualifying for an alternative 
                emission 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 213102 of this title); or
                  (B) technology required to meet a lowest achievable 
                emission rate (as defined in section 215101 of this 
                title);
        prior to the promulgation of a standard under this section 
        applicable to the 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 the 
        standard under this section until the date that is 5 years 
        after the date on which the installation or reduction has been 
        achieved, as determined by the Administrator. The Administrator 
        may issue such regulations 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 the source is proposed pursuant 
        to subsection (d) but before the date on which an emission 
        standard applicable to the source is proposed pursuant to 
        subsection (f) shall not be required to comply with the 
        emission standard under subsection (f) until the date that is 
        10 years after the date on which construction or reconstruction 
        is commenced.
          (8) Coke ovens.--
                  (A) Date for achievement of emission limitations.--
                Any coke oven battery that complies with the emission 
                limitations established under subsection (d)(8)(C) and 
                subparagraph (B) shall not be required to achieve 
                emission limitations promulgated under subsection (f) 
                until January 1, 2020.
                  (B) Interim emission limitations.--
                          (i) In general.--The Administrator shall 
                        promulgate emission limitations for coke oven 
                        emissions from coke oven batteries. The 
                        emission limitations shall reflect the lowest 
                        achievable emission rate (as defined in section 
                        215101 of this title) for a coke oven battery 
                        that is rebuilt or a replacement at a coke oven 
                        plant for an existing battery.
                          (ii) Stringency.--The emission limitations 
                        under clause (i) shall be no less stringent 
                        than--
                                  (I) 3 percent leaking doors (5 
                                percent leaking doors for 6-meter 
                                batteries);
                                  (II) 1 percent leaking lids;
                                  (III) 4 percent 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).
                          (iii) Measurement methodology; terms.--The 
                        rulemaking in which the emission limitations 
                        are promulgated shall establish an appropriate 
                        measurement methodology for determining 
                        compliance with the 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 emission 
                        standard would not be practicable or 
                        enforceable. The 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 ensure that the final 
                        test methods are consistent with the 
                        performance of such best technology and 
                        practices.
                          (iv) Review and revision.--The Administrator 
                        shall review the emission limitations 
                        promulgated under clause (i) and revise, as 
                        necessary, the emission limitations to reflect 
                        the lowest achievable emission rate (as defined 
                        in section 215101 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 clause (i). 
                        Notwithstanding paragraph (2), the compliance 
                        date for such emission limitations for existing 
                        coke oven batteries shall be January 1, 2010.
                  (C) Election to comply.--Prior to January 1, 1998, 
                the owner or operator of any coke oven battery may 
                elect to comply with emission limitations promulgated 
                under subsection (f) by the date on which those 
                emission limitations would otherwise apply to the coke 
                oven battery, in lieu of the emission limitations and 
                the compliance dates provided under subparagraph (B). 
                Any such owner or operator shall be legally bound to 
                comply with the emission limitations promulgated under 
                subsection (f) with respect to that coke oven battery. 
                If no such emission limitations have been promulgated 
                for the coke oven battery, the Administrator shall 
                promulgate such emission limitations in accordance with 
                subsection (f) for that coke oven battery.
                  (D) Effect of reconstruction.--
                          (i) Definition of reconstruction.--In 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.
                          (ii) Effect.--Notwithstanding this section, 
                        reconstruction of any source of coke oven 
                        emissions qualifying for an extension under 
                        this paragraph shall not subject the source to 
                        emission limitations under subsection (f) that 
                        are more stringent than those established under 
                        subparagraph (B) until January 1, 2020.
  (j) Area Source Program.--
          (1) Findings and purpose.--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 area sources, including a reduction of not less than 75 
        percent in the incidence of cancer attributable to emissions 
        from area sources.
          (2) Research program.--
                  (A) In general.--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 
                that includes within the program--
                          (i) ambient monitoring for a broad range of 
                        hazardous air pollutants (including volatile 
                        organic compounds, metals, pesticides, and 
                        products of incomplete combustion) in a 
                        representative number of urban locations;
                          (ii) analysis to characterize the sources of 
                        such pollution with a focus on area sources and 
                        the contribution that area sources make to 
                        public health risks from hazardous air 
                        pollutants; and
                          (iii) consideration of atmospheric 
                        transformation and other factors that can 
                        elevate public health risks from such 
                        pollutants.
                  (B) Health effects to be considered.--The health 
                effects considered under the program include 
                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.
          (3) National strategy.--
                  (A) In general.--Considering information collected 
                pursuant to the monitoring program authorized by 
                paragraph (2), the Administrator shall, after notice 
                and opportunity for public comment, submit to Congress 
                a comprehensive strategy to control emissions of 
                hazardous air pollutants from area sources in urban 
                areas.
                  (B) Contents.--
                          (i) In general.--The strategy shall--
                                  (I) identify not less than 30 
                                hazardous air pollutants that, as the 
                                result of emissions from area sources, 
                                present the greatest threat to public 
                                health in the largest number of urban 
                                areas and that are or will be listed 
                                pursuant to subsection (b); and
                                  (II) identify the source categories 
                                or subcategories emitting such 
                                pollutants that are or will be listed 
                                pursuant to subsection (c).
                          (ii) Percentage of sources subject to 
                        standards.--When identifying categories and 
                        subcategories of sources under this 
                        subparagraph, the Administrator shall ensure 
                        that sources accounting for 90 percent or more 
                        of the aggregate emissions of each of the 30 
                        identified hazardous air pollutants are subject 
                        to standards pursuant to subsection (d).
                  (C) Requirements.--The strategy shall--
                          (i) 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 division or other laws 
                        (including 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 Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.)) or by the States; and
                          (ii) achieve a reduction in the incidence of 
                        cancer attributable to exposure to hazardous 
                        air pollutants emitted by stationary sources of 
                        not less than 75 percent, 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 division or other laws.
                  (D) Research needs.--The strategy may identify 
                research needs in monitoring, analytical methodology, 
                modeling, or pollution control techniques and make 
                recommendations for changes in law that would further 
                the goals and objectives of this subsection.
                  (E) Effect of subsection.--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) Implementation.--The Administrator shall 
                implement the strategy as expeditiously as practicable, 
                ensuring that all sources are in compliance with all 
                requirements.
                  (G) Ambient monitoring and emissions modeling.--As 
                part of the 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.--The Administrator shall 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 percent to 
        support areawide strategies addressing hazardous air pollutants 
        emitted by area sources and shall award such funds on a 
        demonstration basis to 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 that may be 
        applicable to various categories or subcategories of area 
        sources.
  (k) 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 (q). 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 emission standards 
        and prevention requirements but shall not include authority to 
        set standards less stringent than those promulgated by the 
        Administrator under this division.
          (2) Guidance.--The Administrator shall publish guidance that 
        would be useful to States in developing programs for submittal 
        under this subsection. The guidance shall provide for the 
        registration of all facilities producing, processing, handling, 
        or storing any substance listed pursuant to subsection (q) 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 hazardous air pollutants listed 
        pursuant to subsection (b).
          (3) Technical assistance.--The Administrator shall establish 
        and maintain an air toxics clearinghouse and center to provide 
        technical information and assistance to State and local 
        agencies and, on a cost recovery basis, to others on control 
        technology, health and ecological risk assessment, risk 
        analysis, ambient monitoring and modeling, and emissions 
        measurement and monitoring. The Administrator shall use the 
        authority of section 211103 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.--On application of a State, the Administrator may 
        make grants, subject to such terms and conditions as the 
        Administrator considers appropriate, to the 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 (j).
          (5) Approval or disapproval.--
                  (A) In general.--Not later than 180 days after 
                receiving a program submitted by a State, and after 
                notice and opportunity for public comment, the 
                Administrator shall approve or disapprove the program.
                  (B) Disapproval.--The Administrator shall disapprove 
                any program submitted by a State, if the Administrator 
                determines that--
                          (i) the authorities contained in the program 
                        are not adequate to ensure compliance by all 
                        sources within the State with each applicable 
                        standard, regulation, or requirement 
                        established by the Administrator under this 
                        section;
                          (ii) adequate authority does not exist, or 
                        adequate resources are not available, to 
                        implement the program;
                          (iii) the schedule for implementing the 
                        program and ensuring compliance by affected 
                        sources is not sufficiently expeditious; or
                          (iv) 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 division.
                  (C) Notification of disapproval.--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 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 that will ensure 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, prior to withdrawal, 
        the State is notified and the reasons for withdrawal are stated 
        in writing and made public.
          (7) Authority to enforce.--Nothing in this subsection 
        precludes 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 affects the 
        authorities and obligations of the Administrator or the State 
        under subdivision 6.
  (l) Atmospheric Deposition to Great Lakes and Coastal Water.--
          (1) Definition of coastal water.--In this subsection, the 
        term ``coastal water'' means--
                  (A) an estuary selected pursuant to subparagraph (A) 
                or listed pursuant to subparagraph (B) of section 
                320(a)(2) of the Federal Water Pollution Control Act 
                (33 U.S.C. 1330(a)(2)); or
                  (B) an estuarine research reserve designated pursuant 
                to section 315 of the Coastal Zone Management Act of 
                1972 (16 U.S.C. 1461).
          (2) 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 
        water. As part of the program, the Administrator shall--
                  (A) monitor the Great Lakes, the Chesapeake Bay, Lake 
                Champlain, and coastal water, including monitoring of 
                the Great Lakes through the monitoring network 
                established pursuant to paragraph (3) and designing and 
                deploying an atmospheric monitoring network for coastal 
                waters pursuant to paragraph (5);
                  (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 water;
                  (D) evaluate any adverse effects on public health or 
                the environment caused by such deposition (including 
                effects resulting from indirect exposure pathways) and 
                assess the contribution of the 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 of the Great 
                Lakes, the Chesapeake Bay, Lake Champlain, and coastal 
                water and characterize the sources of the pollutants.
          (3) Great lakes monitoring network.--
                  (A) In general.--The Administrator shall oversee, in 
                accordance with annex 15 of the Great Lakes Water 
                Quality Agreement of 1978 (T.I.A.S. 11551; KAV 255), 
                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.
                  (B) Monitoring facilities.--As part of the network 
                provided for in this paragraph, 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.
                  (C) Use of data.--The Administrator shall use the 
                data provided by the network to--
                          (i) identify and track the movement of 
                        hazardous air pollutants through the Great 
                        Lakes;
                          (ii) determine the portion of water pollution 
                        loadings attributable to atmospheric deposition 
                        of such pollutants; and
                          (iii) support development of remedial action 
                        plans and other management plans as required by 
                        the Great Lakes Water Quality Agreement of 1978 
                        (T.I.A.S. 11551; KAV 255).
                  (D) Format.--The Administrator shall ensure that the 
                data collected by the Great Lakes atmospheric 
                deposition monitoring network are in a format 
                compatible with databases sponsored by the 
                International Joint Commission, Canada, and the States 
                of the Great Lakes region.
          (4) Monitoring for the chesapeake bay and lake champlain.--
                  (A) Atmospheric deposition stations.--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.
                  (B) Activities.--The Administrator shall--
                          (i) determine the role of air deposition in 
                        the pollutant loadings of the Chesapeake Bay 
                        and Lake Champlain;
                          (ii) investigate the sources of air 
                        pollutants deposited in the watersheds;
                          (iii) evaluate the health and environmental 
                        effects of such pollutant loadings; and
                          (iv) sample such pollutants in biota within 
                        the watersheds, as necessary to characterize 
                        such effects.
          (5) Monitoring for coastal water.--The Administrator shall 
        design and deploy atmospheric deposition monitoring networks 
        for coastal water and watersheds of coastal water and shall 
        make any information collected through such networks available 
        to the public. As part of that 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.
  (m) Miscellaneous Provisions.--
          (1) Electric utility steam generating units.--The 
        Administrator shall perform a study of the hazards to public 
        health reasonably anticipated to occur as a result of emissions 
        by electric utility steam generating units of pollutants listed 
        under subsection (b) after imposition of the requirements of 
        this division. The Administrator shall report the results of 
        the study to Congress. The Administrator shall develop and 
        describe in the report alternative control strategies for 
        emissions that may warrant regulation under this section. The 
        Administrator shall regulate electric utility steam generating 
        units under this section if the Administrator finds that 
        regulation is appropriate and necessary after considering the 
        results of the study.
          (2) 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.
          (3) Oil and gas wells; pipeline facilities.--
                  (A) No aggregation of units.--Notwithstanding 
                subsection (a)--
                          (i) 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 the units are in a 
                        contiguous area or under common control, to 
                        determine whether the units or stations are 
                        major sources; and
                          (ii) in the case of any oil or gas 
                        exploration or production well (with its 
                        associated equipment), the emissions from those 
                        units shall not be aggregated for any purpose 
                        under this section.
                  (B) No listing as area source category.--
                          (i) In general.--Except as provided in clause 
                        (ii), the Administrator shall not list oil and 
                        gas production wells (with their associated 
                        equipment) as an area source category under 
                        subsection (c).
                          (ii) Exception.--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 1,000,000 if the Administrator 
                        determines that emissions of hazardous air 
                        pollutants from the wells present more than a 
                        negligible risk of adverse effects on public 
                        health.
          (4) 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--
                  (A) take into account any regulations of such 
                emissions that are promulgated under that subtitle; and
                  (B) to the maximum extent practicable and consistent 
                with this section, ensure that the requirements of that 
                subtitle and this section are consistent.
  (n) Guidelines for Carcinogenic Risk Assessment.--
          (1) Request of the academy.--The Administrator shall enter 
        into appropriate arrangements with the National Academy of 
        Sciences (referred to in this subsection as the ``Academy'') to 
        conduct a review of--
                  (A) risk assessment methodology used by EPA 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 the methodology.
          (2) Elements to be studied.--In conducting the review, the 
        Academy should consider--
                  (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 and 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 inheritable genetic mutations, birth 
        defects, and reproductive dysfunctions.
          (4) Report.--A report on the results of the review shall be 
        submitted to the Committee on Environment and Public Works of 
        the Senate, the Committee on Energy and Commerce of the House 
        of Representatives, and the Administrator.
          (5) Assistance.--The Administrator shall assist the Academy 
        in gathering any information that the Academy considers 
        necessary to carry out this subsection. The Administrator may 
        use any authority under this division 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 the person as necessary to 
        carry out this subsection.
          (6) Authorization.--Of the funds authorized to be 
        appropriated to the Administrator by this division, 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 Academy and the 
        views of the Science Advisory Board, with respect to the 
        report. Prior to the promulgation of any standard under 
        subsection (f), and after notice and opportunity for comment, 
        the Administrator shall publish revised Guidelines for 
        Carcinogenic Risk Assessment or a detailed explanation of the 
        reasons that any recommendations contained in the report of the 
        Academy will not be implemented. The publication of the revised 
        Guidelines shall be a final agency action for purposes of 
        section 211113 of this title.
  (o) 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 known as the Mickey Leland National Urban Air Toxics 
        Research Center (referred to in this subsection as the 
        ``Center'') and to be located at a university, 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 geographic site of the Center should be directed to Harris 
        County, Texas, to take full advantage of the well-developed 
        scientific community presence onsite at the Texas Medical 
        Center and the extensive data compiled for the comprehensive 
        monitoring system.
          (2) Board of directors.--The Center shall be governed by a 
        Board of Directors (referred to in this subsection as the 
        ``Board'') to be comprised of 9 members, the appointment of 
        whom 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 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 shall be to 
        determine policy and research guidelines, submit views from 
        Center sponsors and the public, and issue periodic reports of 
        findings and activities of the Center.
          (3) Scientific advisory panel.--The Board shall be advised by 
        a Scientific Advisory Panel (referred to in this subsection as 
        the ``Panel''), the 13 members of which shall be appointed by 
        the Board and 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 Centers for Disease 
        Control, EPA, the National Cancer Institute, and others. The 
        Panel shall conduct peer review and evaluate research results. 
        The Panel shall assist the Board in developing the research 
        agenda and reviewing proposals and applications, and shall 
        advise on the awarding of research grants.
          (4) Funding.--The Center shall be established and funded with 
        Federal funds and private funds.
  (p) Savings Provisions.--
          (1) Standards previously promulgated.--Any standard under 
        section 112 of the Clean Air Act (42 U.S.C. 7412) in effect 
        before November 15, 1990, shall remain in effect after that 
        date unless modified as provided in that section before that 
        date or under Public Law 101-549 (104 Stat. 2399) (commonly 
        known as the Clean Air Act Amendments of 1990). Except as 
        provided in paragraph (3), any standard under that section that 
        had been promulgated, but had not taken effect, before November 
        15, 1990, shall not be affected by Public Law 101-549 unless 
        modified as provided in that section before November 15, 1990, 
        or under Public Law 101-549. If a timely petition for review of 
        any such standard under section 307 of the Clean Air Act (42 
        U.S.C. 7607) was pending on November 15, 1990, the standard 
        shall be upheld if it complies with section 112 of the Clean 
        Air Act (42 U.S.C. 7412) as in effect before that date. If any 
        such standard is remanded to the Administrator, the 
        Administrator may apply the requirements of this section or the 
        requirements of section 112 of the Clean Air Act (42 U.S.C. 
        7412) as in effect before November 15, 1990.
          (2) Special rules for radionuclide emissions.--
                  (A) No standard for certain categories.--
                          (i) In general.--Notwithstanding paragraph 
                        (1), no standard shall be established under 
                        this section for radionuclide emissions from--
                                  (I) elemental phosphorous plants;
                                  (II) grate calcination elemental 
                                phosphorous plants;
                                  (III) phosphogypsum stacks; or
                                  (IV) any subcategory of the 
                                foregoing.
                          (ii) Continued effectiveness of prior law.--
                        Section 112 of the Clean Air Act (42 U.S.C. 
                        7412) (as in effect prior to November 15, 1990) 
                        shall remain in effect for radionuclide 
                        emissions from plants and stacks described in 
                        clause (i).
                  (B) Other categories.--Notwithstanding paragraph (1), 
                section 112 of the Clean Air Act (42 U.S.C. 7412) (as 
                in effect prior to November 15, 1990) shall remain in 
                effect for radionuclide emissions from--
                          (i) non-Department of Energy Federal 
                        facilities that are not licensed by the Nuclear 
                        Regulatory Commission;
                          (ii) coal-fired utility and industrial 
                        boilers;
                          (iii) underground uranium mines;
                          (iv) surface uranium mines; and
                          (v) disposal of uranium mill tailings piles;
                unless the Administrator, in the Administrator's 
                discretion, applies the requirements of this section to 
                the sources of radionuclides described in any of 
                clauses (i) through (v).
          (3) Medical research or treatment facilities.--If the 
        Administrator determines that the regulatory program 
        established by the Nuclear Regulatory Commission for medical 
        research or treatment facilities does not provide an ample 
        margin of safety to protect public health, the requirements of 
        this section shall fully apply to medical research or treatment 
        facilities. If the Administrator determines that the 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 medical research or treatment 
        facilities, as provided in subsection (d)(9).
  (q) Prevention of Accidental Releases.--
          (1) Definitions.--In this subsection:
                  (A) Accidental release.--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) Regulated substance.--The term ``regulated 
                substance'' means a substance listed under paragraph 
                (3).
                  (C) Retail facility.--The term ``retail facility'' 
                means a stationary source at which more than \1/2\ of 
                the income is obtained from direct sales to end users 
                or at which more than \1/2\ of the fuel sold, by 
                volume, is sold through a cylinder exchange program.
                  (D) Stationary source.--The term ``stationary 
                source'' means 1 or more buildings, structures, pieces 
                of equipment, installations, or substance-emitting 
                stationary activities--
                          (i) that belong to the same industrial group;
                          (ii) that are located on a property or 2 or 
                        more contiguous properties;
                          (iii) that are under the control of the same 
                        person (or persons under common control); and
                          (iv) from which an accidental release may 
                        occur.
          (2) Purpose and general duty.--
                  (A) Objective.--It shall be the objective of the 
                regulations and programs authorized under this 
                subsection to prevent, and minimize the consequences 
                of, accidental releases.
                  (B) General duty.--The owners and operators of 
                stationary sources producing, processing, handling, or 
                storing regulated substances have a general duty in the 
                same manner and to the same extent as under section 5 
                of the Occupational Safety and Health Act of 1970 (29 
                U.S.C. 654) to--
                          (i) identify hazards that may result from 
                        accidental releases using appropriate hazard 
                        assessment techniques;
                          (ii) design and maintain a safe facility 
                        taking such steps as are necessary to prevent 
                        accidental releases; and
                          (iii) minimize the consequences of accidental 
                        releases that do occur.
                  (C) No citizen suits.--For purposes of this 
                paragraph, section 203104 of this title shall not be 
                available to any person or otherwise be construed to be 
                applicable to this paragraph.
                  (D) Effect of paragraph.--Nothing in this section 
                shall be interpreted, construed, or applied to create, 
                or held to imply the creation of, any liability or 
                basis for suit for compensation for bodily injury or 
                any other injury or property damages to any person that 
                may result from an accidental release.
          (3) List of substances.--
                  (A) In general.--The Administrator shall promulgate 
                an initial list of 100 substances that, in the case of 
                an accidental release, are known to cause or may 
                reasonably be anticipated to cause death or injury to 
                humans or serious adverse effects on human health or 
                the environment.
                  (B) Use of list under the emergency planning and 
                community right-to-know act of 1986.--For purposes of 
                promulgating the list under subparagraph (A), 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 considers 
                appropriate.
                  (C) Substances to be included.--The initial list 
                shall include ammonia, anhydrous ammonia, anhydrous 
                hydrogen chloride, anhydrous sulfur dioxide, bromine, 
                chlorine, ethylene oxide, hydrogen cyanide, hydrogen 
                fluoride, hydrogen sulfide, methyl chloride, methyl 
                isocyanate, phosgene, sulfur trioxide, toluene 
                diisocyanate, and vinyl chloride.
                  (D) Number of substances.--The initial list shall 
                include at least 100 substances that pose the greatest 
                risk of causing death or injury to humans or serious 
                adverse effects on human health or the environment from 
                accidental releases.
                  (E) Explanation.--Regulations establishing the list 
                shall include an explanation of the basis for 
                establishing the list.
                  (F) Revision; review.--The list--
                          (i) may be revised from time to time by the 
                        Administrator on the Administrator's own motion 
                        or by petition; and
                          (ii) shall be reviewed at least every 5 
                        years.
                  (G) Limitations.--No air pollutant for which a 
                primary NAAQS has been established shall be included on 
                the list. No substance, practice, process, or activity 
                regulated under subdivision 7 shall be subject to 
                regulations under this subsection.
                  (H) Addition and deletion.--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 
                under subsection (b).
          (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 at which any substance 
        is listed pursuant to paragraph (3), the Administrator shall 
        establish by regulation 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 that, as a result of 
        an accidental release, is known to cause or may reasonably be 
        anticipated to cause death or injury to humans or serious 
        adverse effects on human health for which the substance was 
        listed. The Administrator may 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) Establishment.--There is established an 
                independent safety board to be known as the Chemical 
                Safety and Hazard Investigation Board (referred to in 
                this paragraph as the ``Board'').
                  (B) Membership.--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) Duties.--
                          (i) In general.--The Board shall--
                                  (I) investigate (or cause to be 
                                investigated), determine, and report to 
                                the public in writing the facts, 
                                conditions, circumstances and cause or 
                                probable cause of any accidental 
                                release resulting in a fatality, 
                                serious injury, or substantial property 
                                damages;
                                  (II) issue periodic reports to 
                                Federal, State, and local agencies 
                                concerned with the safety of chemical 
                                production, processing, handling, and 
                                storage, and other interested persons 
                                (including EPA and the Occupational 
                                Safety and Health Administration) 
                                that--
                                          (aa) recommend measures to 
                                        reduce the likelihood or the 
                                        consequences of accidental 
                                        releases and propose corrective 
                                        steps to make chemical 
                                        production, processing, 
                                        handling, and storage as safe 
                                        and free from risk of injury as 
                                        is possible; and
                                          (bb) may include proposed 
                                        regulations or orders that 
                                        should be issued by the 
                                        Administrator under this 
                                        section or by the Secretary of 
                                        Labor under the Occupational 
                                        Safety and Health Act of 1970 
                                        (29 U.S.C. 651 et seq.) to 
                                        prevent or minimize the 
                                        consequences of any release of 
                                        substances that may cause death 
                                        or injury to humans 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.
                          (ii) Reporting.--Reporting releases to the 
                        National Response Center, in lieu of the Board 
                        directly, shall satisfy the regulations under 
                        clause (i)(III). The National Response Center 
                        shall promptly notify the Board of any releases 
                        that are within the Board's jurisdiction.
                  (D) Expertise and experience of other agencies.--The 
                Board may utilize the expertise and experience of other 
                agencies.
                  (E) Coordination with other agencies.--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 ensure 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 that 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 to limit duplication of activities. In 
                no event shall the Board forgo 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) Research; studies.--The Board may conduct 
                research and studies with respect to the potential for 
                accidental releases, whether or not an accidental 
                release has occurred, where there is evidence that 
                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 admission into evidence.--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 the report.
                  (H) Recommendations to the administrator on the use 
                of hazard assessments.--
                          (i) Recommendations.--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 that 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 releases 
                        that do occur and a description of the 
                        information and analysis that would be 
                        appropriate to include in any hazard 
                        assessment. The Board shall make 
                        recommendations with respect to the role of 
                        risk management plans as required by paragraph 
                        (7)(B)(ii) in preventing accidental releases. 
                        The Board may from time to time review and 
                        revise its recommendations under this 
                        subparagraph.
                          (ii) Response by the administrator.--
                                  (I) In general.--Whenever the Board 
                                submits a recommendation with respect 
                                to accidental releases to the 
                                Administrator, the Administrator shall 
                                respond to the recommendation formally 
                                and in writing not later than 180 days 
                                after receipt of the recommendation. 
                                The response to the Board's 
                                recommendation by the Administrator 
                                shall indicate whether the 
                                Administrator will--
                                          (aa) 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; or
                                          (bb) decline to initiate a 
                                        rulemaking or issue orders as 
                                        recommended.
                                  (II) Reasons.--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 the 
                                determination.
                  (I) Recommendations to the secretary of labor with 
                respect to accidental releases.--
                          (i) Recommendations.--The Board may make 
                        recommendations with respect to accidental 
                        releases to the Secretary of Labor.
                          (ii) Response by the secretary of labor.--
                                  (I) In general.--Whenever the Board 
                                submits a recommendation with respect 
                                to accidental releases to the Secretary 
                                of Labor, the Secretary shall respond 
                                to the recommendation formally and in 
                                writing not later than 180 days after 
                                receipt of the recommendation. The 
                                response to the Board's recommendation 
                                by the Secretary shall indicate whether 
                                the Secretary will--
                                          (aa) 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; or
                                          (bb) decline to initiate a 
                                        rulemaking or issue orders as 
                                        recommended.
                                  (II) Reasons.--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 
                                the determination.
                  (J) Recommendations to the administrator and the 
                administrator of the occupational safety and health 
                administration relating to risk management plans, 
                general requirements for the prevention of accidental 
                releases, and mitigation of potential adverse 
                effects.--The Board shall issue a report to the 
                Administrator 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 that should be applicable to any 
                stationary source handling any regulated substance in 
                more than threshold amounts. The Board may include 
                proposed regulations or orders that should be issued by 
                the Administrator under this subsection or by the 
                Secretary of Labor under the Occupational Safety and 
                Health Act of 1970 (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 
                the recommendations before promulgating regulations 
                required by paragraph (7)(B).
                  (K) Powers.--
                          (i) In general.--The Board, or on 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;
                                  (II) 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;
                                  (III) on presenting appropriate 
                                credentials and a written notice of 
                                inspection authority--
                                          (aa) 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
                                          (bb) inspect at reasonable 
                                        times records, processes, 
                                        controls, and facilities and 
                                        take such samples as are 
                                        relevant to the investigation; 
                                        and
                                  (IV) use any information-gathering 
                                authority of the Administrator under 
                                this division, including the subpoena 
                                power provided in section 203102(a)(1) 
                                of this title.
                          (ii) Rights to participate.--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 
                        the inspection as are provided under the 
                        Occupational Safety and Health Act of 1970 (29 
                        U.S.C. 651 et seq.).
                  (L) Rules; transactions.--The Board may establish 
                such procedural and administrative rules as are 
                necessary to the exercise of its functions and duties. 
                The Board may, without regard to section 6101 of title 
                5, 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.
                  (M) Enforcement.--After the effective date of any 
                reporting requirement promulgated pursuant to 
                subparagraph (C)(i)(III) it shall be unlawful for any 
                person to fail to report any release of any extremely 
                hazardous substance as required by that subparagraph. 
                The Administrator may enforce any regulation or 
                requirements established by the Board pursuant to 
                subparagraph (C)(i)(III) using the authorities of 
                sections 211113 and 211114 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 203102, 203103, 203104, 211113, 
                211114, 211116, and 211119 of this title and any other 
                enforcement provision of this division, as a request 
                made by the Administrator under section 211114 of this 
                title and may be enforced by the Chairperson of the 
                Board or by the Administrator as provided in that 
                section.
                  (N) Support and facilities.--The Administrator shall 
                provide to the Board such support and facilities as may 
                be necessary for operation of the Board.
                  (O) Availability of records, reports, and 
                information.--
                          (i) In general.--Consistent with subparagraph 
                        (G) and section 211114(c) of this title and 
                        except as provided in clause (ii), any records, 
                        reports, or information obtained by the Board 
                        shall be available to the Administrator, the 
                        Secretary of Labor, Congress, and the public.
                          (ii) Substantial harm to competitive 
                        position.--On a showing satisfactory to the 
                        Board by any person that records, reports, or 
                        information or any particular part thereof 
                        (other than release data or emission 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 the record, report, or information or 
                        particular portion thereof confidential in 
                        accordance with section 1905 of title 18, 
                        except that such a record, report, or 
                        information may be disclosed to other officers, 
                        employees, and authorized representatives of 
                        the United States concerned with carrying out 
                        this division or when relevant under any 
                        proceeding under this division. This 
                        subparagraph does not constitute authority to 
                        withhold records, reports, or information from 
                        Congress.
                  (P) Submissions and transmittals by the board; 
                reports; performance of functions.--
                          (i) Copy to congress.--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, the Board 
                        shall concurrently transmit a copy thereof to 
                        Congress.
                          (ii) Reports not subject to review.--No 
                        report of the Board shall be subject to review 
                        by the Administrator or any Federal agency or 
                        to judicial review in any court.
                          (iii) No authority to require prior approval 
                        or review of submissions.--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 the recommendations, 
                        testimony, comments, or reports to Congress.
                          (iv) Performance of functions.--In the 
                        performance of their functions established by 
                        this division, in carrying out any duties under 
                        this subsection, the members, officers, and 
                        employees of the Board shall not be responsible 
                        to or subject to supervision or direction of 
                        any officer or employee or agent of EPA, 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.
                          (v) Title 5.--Nothing in this section shall 
                        affect the application of title 5 to officers 
                        or employees of the Board.
                  (Q) Annual report.--The Board shall annually submit 
                to the President and Congress a report that includes--
                          (i) information on accidental releases that 
                        have been investigated by or reported to the 
                        Board during the previous year;
                          (ii) recommendations for legislative or 
                        administrative action that the Board has made;
                          (iii) the actions that have been taken by the 
                        Administrator or the Secretary of Labor or the 
                        heads of other agencies to implement those 
                        recommendations;
                          (iv) an identification of priorities for 
                        study and investigation in the succeeding year;
                          (v) a description of progress in the 
                        development of risk-reduction technologies; and
                          (vi) a description of the response to and 
                        implementation of significant research findings 
                        on chemical safety in the public and private 
                        sector.
          (7) Prevention of accidental releases of regulated 
        substances.--
                  (A) Requirements to prevent accidental releases.--To 
                prevent accidental releases of regulated substances, 
                the Administrator may promulgate release prevention, 
                detection, and correction requirements that may include 
                monitoring, recordkeeping, reporting, training, vapor 
                recovery, secondary containment, and other design, 
                equipment, work practice, and operational requirements. 
                Regulations promulgated under this subparagraph shall 
                have an effective date, as determined by the 
                Administrator, ensuring compliance as expeditiously as 
                practicable.
                  (B) Reasonable regulations and appropriate guidance 
                for the prevention and detection of accidental releases 
                of regulated substances.--
                          (i) In general.--
                                  (I) Promulgation.--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 Secretary of 
                                Transportation and Secretary of Labor 
                                in promulgating the regulations.
                                  (II) Contents.--The regulations 
                                shall--
                                          (aa) as appropriate, cover 
                                        the use, operation, repair, 
                                        replacement, and maintenance of 
                                        equipment to monitor, detect, 
                                        inspect, and control such 
                                        accidental releases, including 
                                        training of persons in the use 
                                        and maintenance of such 
                                        equipment and in the conduct of 
                                        periodic inspections;
                                          (bb) include procedures and 
                                        measures for emergency response 
                                        after an accidental release of 
                                        a regulated substance to 
                                        protect human health and the 
                                        environment;
                                          (cc) cover storage and 
                                        operations;
                                          (dd) as appropriate, 
                                        recognize differences in size, 
                                        operations, processes, class, 
                                        and categories of sources and 
                                        the voluntary actions of 
                                        sources to prevent such 
                                        accidental releases and respond 
                                        to such accidental releases; 
                                        and
                                          (ee) 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 
                                        a source in more than threshold 
                                        amounts is first listed under 
                                        paragraph (3), whichever is 
                                        later.
                          (ii) Risk management plans.--
                                  (I) In general.--The regulations 
                                under this subparagraph shall require 
                                the owner or operator of a stationary 
                                source 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 regulated 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.
                                  (II) Contents.--A risk management 
                                plan shall provide for compliance with 
                                the requirements of this subsection and 
                                include--
                                          (aa) a hazard assessment to 
                                        assess the potential effects of 
                                        an accidental release of any 
                                        regulated substance;
                                          (bb) 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
                                          (cc) 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.
                                  (III) Hazard assessments.--A hazard 
                                assessment under subclause (II)(aa) 
                                shall include an estimate of potential 
                                release quantities, a determination of 
                                downwind effects (including potential 
                                exposures to affected populations), a 
                                previous release history of the past 5 
                                years (including the size, 
                                concentration, and duration of 
                                releases), and an evaluation of worst 
                                case accidental releases.
                                  (IV) Guidelines.--At the time at 
                                which 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) Availability of risk management 
                        plans.--The owner or operator of a stationary 
                        source covered by clause (ii) shall--
                                  (I) 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 regulation, 
                                require; and
                                  (II) submit the risk management plan 
                                to--
                                          (aa) the Chemical Safety and 
                                        Hazard Investigation Board;
                                          (bb) the State in which the 
                                        stationary source is located; 
                                        and
                                          (cc) any local agency or 
                                        entity having responsibility 
                                        for planning for or responding 
                                        to accidental releases that may 
                                        occur at the source.
                          (iv) Public availability.--A risk management 
                        plan shall be available to the public under 
                        section 211114(c) of this title.
                          (v) Auditing.--The Administrator shall 
                        establish, by regulation, an auditing system to 
                        regularly review and, if necessary, require 
                        revision in risk management plans to ensure 
                        that the risk management plans comply with this 
                        subparagraph. Each risk management plan shall 
                        be updated periodically as required by the 
                        Administrator, by regulation.
                  (C) Consultation; coordination.--In carrying out this 
                paragraph, the Administrator shall--
                          (i) consult with the Secretary of Labor and 
                        the Secretary of Transportation; and
                          (ii) 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.
                  (D) 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 (vi).
                                  (II) Official use.--The term 
                                ``official use'' means an action of a 
                                Federal, State, or local government 
                                agency or an entity described 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 the 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 
                                database 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.--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) In general.--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.
                                  (II) Applicability.--Subclause (I) 
                                applies to off-site consequence 
                                analysis information submitted to the 
                                Administrator at any time.
                          (iv) Prohibition of unauthorized disclosure 
                        of information by covered person.--
                                  (I) In general.--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)).
                                  (II) Criminal penalties.--Criminal 
                                penalties for a violation of a 
                                restriction or prohibition established 
                                by this subparagraph (including the 
                                regulations promulgated under clause 
                                (ii)) are provided under section 732 of 
                                title 18.
                                  (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) subclause (I) and 
                                        section 732 of title 18 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).
                          (v) Notice.--The Administrator shall provide 
                        notice of the definition of official use as 
                        provided in clause (i) 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 division to each covered person who 
                        receives off-site consequence analysis 
                        information for an official use under the 
                        regulations promulgated under clause (ii).
                          (vi) Qualified researchers.--
                                  (I) In general.--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 a qualified 
                                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.
                          (vii) 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 database 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.
                          (viii) Voluntary industry accident prevention 
                        standards.--EPA, 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 (2).
                          (ix) 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.
                          (x) Report on result of regulations.--
                                  (I) In general.--The Attorney 
                                General, in consultation with 
                                appropriate Federal, State, and local 
                                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 the 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 
                                Federal, State, and local government 
                                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 the 
                                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 Energy and Commerce of the 
                                House of Representatives and the 
                                Committee on Environment and Public 
                                Works of the Senate and other relevant 
                                committees of Congress.
                                  (II) Nonavailability of information 
                                developed or received for report.--
                                Information 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 subclause 
                                (I) shall be exempt from disclosure 
                                under section 552 of title 5 if 
                                disclosure of the information would 
                                pose a threat to national security.
                          (xi) 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.
                          (xii) 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.
                  (E) Distinctions.--Regulations promulgated under this 
                paragraph may make distinctions between various types, 
                classes, and kinds of facilities, devices, and systems, 
                taking into consideration factors that include the 
                size, location, process, process controls, quantity of 
                substances handled, potency of substances, and response 
                capabilities present at any stationary source.
          (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 
        that may be useful in improving and validating the procedures 
        employed in the preparation of hazard assessments under this 
        subsection.
          (9) Order authority.--
                  (A) In general.--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 the danger or 
                threat, and the district court of the United States for 
                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 issuing such 
                orders as may be necessary to protect human health. The 
                Administrator shall take action under section 203103 of 
                this title rather than this paragraph whenever the 
                authority of that section is adequate to protect human 
                health and the environment.
                  (B) Enforcement.--An order 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 203103 of this title.
                  (C) Guidance.--The Administrator shall publish 
                guidance for using the order authorities established by 
                this paragraph. The guidance shall provide for the 
                coordinated use of the authorities of this paragraph 
                with other emergency powers authorized by section 106 
                of the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 
                9606), sections 308, 309, 311(c), and 504(a) of the 
                Federal Water Pollution Control Act (33 U.S.C. 1318, 
                1319, 1321(c), 1364(a)), sections 3007, 3008, 3013, and 
                7003 of the Solid Waste Disposal Act (42 U.S.C. 6927, 
                6928, 6934, 6973), sections 1431 and 1445 of the Safe 
                Drinking Water Act (42 U.S.C. 300i, 300j-4), sections 5 
                and 7 of the Toxic Substances Control Act (15 U.S.C. 
                2604, 2606), and sections 203103, 211113, and 211114 of 
                this title.
          (10) 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.
          (11) Consistency with asme, asni, and astm standards and 
        recommendations.--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, the American National Standards Institute, or ASTM 
        International.
          (12) Concerns of small business.--The Administrator shall 
        take into consideration the concerns of small business in 
        promulgating regulations under this subsection.
          (13) Radionuclides.--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.
          (14) Prohibition.--It shall be unlawful for any person to 
        operate any stationary source subject to a regulation or 
        requirement imposed under this subsection in violation of the 
        regulation or requirement. Each regulation or requirement under 
        this subsection shall, for purposes of sections 203102, 203104, 
        211113, 211114, 211116, and 211119 of this title and other 
        enforcement provisions of this division, be treated as a 
        standard in effect under subsection (d).
          (15) Permits.--Notwithstanding subdivision 6 or this section, 
        no stationary source shall be required to apply for, or operate 
        pursuant to, a permit issued under that subdivision solely 
        because the source is subject to regulations or requirements 
        under this subsection.
          (16) Occupational safety and health.--In exercising any 
        authority under this subsection, the Administrator shall not, 
        for purposes of section 4(b)(1) of the Occupational Safety and 
        Health Act of 1970 (29 U.S.C. 653(b)(1)), be considered to be 
        exercising statutory authority to prescribe or enforce 
        standards or regulations affecting occupational safety and 
        health.
Sec. 211113. Federal enforcement
  (a) Definitions.--In this section:
          (1) Operator.--
                  (A) In general.--The term ``operator'' includes any 
                person who is a part of senior management personnel or 
                is a corporate officer.
                  (B) Exclusions.--Except in the case of a knowing and 
                willful violation, the term ``operator'' does not 
                include any person who is a stationary engineer or 
                technician responsible for the operation, maintenance, 
                repair, or monitoring of equipment and facilities and 
                who often has supervisory and training duties but who 
                is not a part of senior management personnel and not a 
                corporate officer.
          (2) Period of federally assumed enforcement.--The term 
        ``period of federally assumed enforcement'' means a period 
        described in subsection (b)(2)(C).
  (b) In General.--
          (1) Order to comply with sip.--Whenever, on the basis of any 
        information available to the Administrator, the Administrator 
        finds that any person has violated or is in violation of any 
        requirement or prohibition of an applicable implementation plan 
        or permit, the Administrator shall notify the person and the 
        State in which the plan applies of the finding. At any time 
        after the expiration of 30 days following the date on which the 
        notice of violation is issued, the Administrator may, without 
        regard to the period of violation (subject to section 2462 of 
        title 28)--
                  (A) issue an order requiring the person to comply 
                with the requirements or prohibitions of the plan or 
                permit;
                  (B) issue an administrative penalty order in 
                accordance with subsection (e); or
                  (C) bring a civil action in accordance with 
                subsection (c).
          (2) State failure to enforce sip or permit program.--
                  (A) Notice to state.--Whenever, on the basis of 
                information available to the Administrator, the 
                Administrator finds that violations of an applicable 
                implementation plan or an approved permit program under 
                subdivision 6 are so widespread that the violations 
                appear to result from a failure of the State in which 
                the plan or permit program applies to enforce the plan 
                or permit program effectively, the Administrator shall 
                so notify the State. In the case of a permit program, 
                the notice shall be made in accordance with subdivision 
                6.
                  (B) Public notice.--If the Administrator finds that 
                the failure extends beyond the 30th day after the 
                notice (90 days in the case of such a permit program), 
                the Administrator shall give public notice of that 
                finding.
                  (C) Period of federally assumed enforcement.--During 
                the period beginning with the public notice under 
                subparagraph (B) and ending when the State satisfies 
                the Administrator that the State will enforce the plan 
                or permit program, the Administrator may enforce any 
                requirement or prohibition of the plan or permit 
                program with respect to any person by--
                          (i) issuing an order requiring the person to 
                        comply with the requirement or prohibition;
                          (ii) issuing an administrative penalty order 
                        in accordance with subsection (e); or
                          (iii) bringing a civil action in accordance 
                        with subsection (c).
          (3) EPA enforcement of other requirements.--Except for a 
        requirement or prohibition enforceable under paragraph (1) or 
        (2), when, on the basis of any information available to the 
        Administrator, the Administrator finds that any person has 
        violated, or is in violation of, any other requirement or 
        prohibition of this subdivision, section 203103 of this title, 
        subdivision 5, 6, or 7 (including a requirement or prohibition 
        of any regulation, plan, order, waiver, or permit promulgated, 
        issued, or approved under those provisions, or for the payment 
        of any fee owed to the United States under this division, other 
        than subdivision 3), the Administrator may--
                  (A) issue an administrative penalty order in 
                accordance with subsection (b);
                  (B) issue an order requiring the person to comply 
                with the requirement or prohibition;
                  (C) bring a civil action in accordance with 
                subsection (c) or section 203105 of this title; or
                  (D) request the Attorney General to commence a 
                criminal action in accordance with subsection (d).
          (4) Requirements for orders.--
                  (A) Opportunity to confer.--An order issued under 
                this subsection (other than an order relating to a 
                violation of section 211112 of this title) shall not 
                take effect until the person to which it is issued has 
                had an opportunity to confer with the Administrator 
                concerning the alleged violation.
                  (B) Copy to state air pollution control agency.--A 
                copy of any order issued under this subsection shall be 
                sent to the State air pollution control agency of any 
                State in which the violation occurs.
                  (C) Corporations.--In any case in which an order 
                under this subsection (or notice to a violator under 
                paragraph (1)) is issued to a corporation, a copy of 
                the order (or notice) shall be issued to appropriate 
                corporate officers.
                  (D) Contents.--Any order issued under this subsection 
                shall--
                          (i) state with reasonable specificity the 
                        nature of the violation;
                          (ii) specify a time for compliance that the 
                        Administrator determines is reasonable, taking 
                        into account the seriousness of the violation 
                        and any good faith efforts to comply with 
                        applicable requirements; and
                          (iii) require the person to which it is 
                        issued to comply with the requirement as 
                        expeditiously as practicable, but in no event 
                        longer than 1 year after the date the order is 
                        issued.
                  (E) Nonrenewability.--An order issued under this 
                subsection shall be nonrenewable.
                  (F) Effect.--No order issued under this subsection 
                shall--
                          (i) preclude the State or the Administrator 
                        from assessing any penalties or otherwise 
                        affect or limit the authority of the State or 
                        the United States to enforce under other 
                        provisions of this division; or
                          (ii) affect any person's obligations to 
                        comply with any section of this division or 
                        with a term or condition of any permit or 
                        applicable implementation plan promulgated or 
                        approved under this division.
          (5) Failure to comply with new source requirements.--
                  (A) In general.--Whenever, on the basis of any 
                available information, the Administrator finds that a 
                State is not acting in compliance with any requirement 
                or prohibition of this division relating to the 
                construction of new sources or the modification of 
                existing sources, the Administrator may--
                          (i) issue an order prohibiting the 
                        construction or modification of any major 
                        stationary source in any area to which the 
                        requirement or prohibition applies;
                          (ii) issue an administrative penalty order in 
                        accordance with subsection (e); or
                          (iii) bring a civil action under subsection 
                        (c).
                  (B) Criminal action.--Nothing in this subsection 
                shall preclude the United States from commencing a 
                criminal action under subsection (d) at any time for 
                any violation described in subparagraph (A).
  (c) Civil Judicial Enforcement.--
          (1) In general.--The Administrator shall, as appropriate, in 
        the case of any person that is the owner or operator of an 
        affected source, a major emitting facility, or a major 
        stationary source, and may, in the case of any other person, 
        commence a civil action for a permanent or temporary 
        injunction, or to assess and recover a civil penalty of not 
        more than $25,000 per day for each violation, or both--
                  (A) whenever the person has violated, or is in 
                violation of, any requirement or prohibition of an 
                applicable implementation plan or permit;
                  (B) whenever the person has violated, or is in 
                violation of, any other requirement or prohibition of 
                this subdivision, section 203103 of this title, or 
                subdivision 5, 6, or 7 (including a requirement or 
                prohibition of any regulation, order, waiver or permit 
                promulgated, issued, or approved under this division, 
                or for the payment of any fee owed the United States 
                under this division (other than subdivision 3); or
                  (C) whenever the person attempts to construct or 
                modify a major stationary source in any area with 
                respect to which a finding under subsection (b)(5)(A) 
                has been made.
          (2) Time for action.--An action under paragraph (1)(A) shall 
        be commenced--
                  (A) during any period of federally assumed 
                enforcement; or
                  (B) more than 30 days following the date of the 
                Administrator's notification under subsection (b)(1) 
                that the person has violated, or is in violation of, 
                the requirement or prohibition.
          (3) Place for action.--Any action under this subsection may 
        be brought in the United States district court for the district 
        in which the violation is alleged to have occurred, or is 
        occurring, or in which the defendant resides, or where the 
        defendant's principal place of business is located, and the 
        court shall have jurisdiction to restrain the violation, to 
        require compliance, to assess a civil penalty, to collect any 
        fees owed the United States under this division (other than 
        subdivision 3) and any noncompliance assessment and nonpayment 
        penalty owed under section 211119 of this title, and to award 
        any other appropriate relief.
          (4) Notice to state air pollution control agency.--Notice of 
        the commencement of an action under this subsection shall be 
        given to the appropriate State air pollution control agency.
          (5) Costs.--In the case of any action brought by the 
        Administrator under this subsection, the court may award costs 
        of litigation (including reasonable attorney's fees and expert 
        witness's fees) to the party or parties against which the 
        action was brought if the court finds that the action was 
        unreasonable.
  (d) Criminal Penalties.--
          (1) In general.--Criminal penalties for a violation described 
        in paragraph (2) are provided under section 732 of title 18.
          (2) Violations.--The violations referred to in paragraph (1) 
        are as follows:
                  (A) A knowing violation by a person of--
                          (i) a requirement or prohibition of an 
                        applicable implementation plan--
                                  (I) during any period of federally 
                                assumed enforcement; or
                                  (II) more than 30 days after having 
                                been notified by the Administrator 
                                under subsection (b)(1) that the person 
                                is violating the requirement or 
                                prohibition);
                          (ii)(I) subsection (b)(1);
                          (II) section 203103, 211111(j), 211112, 
                        211113(b)(1), 211114, 211128, 213107(a), 
                        213109, 235102(a), or 235103(c) of this title; 
                        or
                          (III) subdivision 5 or 7 of division A of 
                        subtitle II of title 55;
                          (iii) a requirement of a regulation, order, 
                        waiver, or permit promulgated or approved under 
                        a section or subdivision specified in clause 
                        (ii); or
                          (iv) a requirement for the payment of a fee 
                        owed the United States under this division 
                        (other than subdivision 3);
                  (B)(i) A knowing making of any false material 
                statement, representation, or certification in, or 
                omission of material information from, or knowing 
                alteration, concealment, or failure to file or maintain 
                any notice, application, record, report, plan, or other 
                document required pursuant to this division to be filed 
                or maintained (whether with respect to the requirements 
                imposed by the Administrator or with respect to the 
                requirements imposed by a State).
                  (ii) A knowing failure to notify or report as 
                required under this division.
                  (iii) A knowing falsification, tampering with, 
                rendering inaccurate, or failure to install any 
                monitoring device or method required to be maintained 
                or followed under this division.
                  (C) A knowing failure to pay any fee owed the United 
                States under subdivision 1, 2, 5, 6, or 7.
                  (D) A negligent release by a person into the ambient 
                air of any hazardous air pollutant listed pursuant to 
                section 211112 of this title or of any extremely 
                hazardous substance listed pursuant to section 
                302(a)(2) of the Emergency Planning and Community 
                Right-To-Know Act of 1986 (42 U.S.C. 11002(a)(2)) that 
                is not listed in section 211112 of this title, if, at 
                the time, the person negligently places another person 
                in imminent danger of death or serious bodily injury.
                  (E) A knowing release by a person into the ambient 
                air of any hazardous air pollutant listed pursuant to 
                section 211112 of this title or any extremely hazardous 
                substance listed pursuant to section 302(a)(2) of the 
                Emergency Planning and Community Right-To-Know Act of 
                1986 (42 U.S.C. 11002(a)(2)) that is not listed in 
                section 211112 of this title, if, at the time, the 
                person knows that the person thereby places another 
                person in imminent danger of death or serious bodily 
                injury.
  (e) Administrative Assessment of Civil Penalties.--
          (1) In general.--
                  (A) Issuance of administrative order.--The 
                Administrator may issue an administrative order against 
                any person assessing a civil administrative penalty of 
                up to $25,000 per day of violation whenever, on the 
                basis of any available information, the Administrator 
                finds that the person--
                          (i) has violated or is violating any 
                        requirement or prohibition of an applicable 
                        implementation plan; or
                          (ii) has violated or is violating any other 
                        requirement or prohibition of this subdivision 
                        or subdivision 1, 5, 6, or 7, including a 
                        requirement or prohibition of any regulation, 
                        order, waiver, permit, or plan promulgated, 
                        issued, or approved under this division;
                          (iii) has failed to pay any fee owed the 
                        United States under this division (other than 
                        subdivision 3); or
                          (iv) attempts to construct or modify a major 
                        stationary source in any area with respect to 
                        which a finding under subsection (b)(5) has 
                        been made.
                  (B) Time for issuance.--An administrative order under 
                subparagraph (A)(i) shall be issued--
                          (i) during any period of federally assumed 
                        enforcement; or
                          (ii) more than 30 days following the date of 
                        the Administrator's notification under 
                        subsection (b)(1) of a finding that the person 
                        has violated or is violating the requirement or 
                        prohibition.
                  (C) Limitation.--The Administrator's authority under 
                this paragraph shall be limited to matters where the 
                total penalty sought does not exceed $200,000 and the 
                1st alleged date of violation occurred not more than 12 
                months prior to the initiation of the administrative 
                action, except where the Administrator and the Attorney 
                General jointly determine that a matter involving a 
                larger penalty amount or longer period of violation is 
                appropriate for administrative penalty action. Any such 
                determination by the Administrator and the Attorney 
                General shall not be subject to judicial review.
          (2) Procedure.--
                  (A) Opportunity for a hearing.--An administrative 
                order under paragraph (1) shall be issued after 
                opportunity for a hearing on the record in accordance 
                with sections 554 and 556 of title 5. The Administrator 
                shall issue reasonable rules for discovery and other 
                procedures for hearings under this paragraph. Before 
                issuing such an order, the Administrator shall give to 
                the person to be assessed an administrative penalty 
                written notice of the Administrator's proposal to issue 
                the order and provide the person an opportunity to 
                request a hearing on the order, within 30 days after 
                the date on which the notice is received by the person.
                  (B) Compromise, modification, or remission of 
                administrative penalty.--The Administrator may 
                compromise, modify, or remit, with or without 
                conditions, any administrative penalty that may be 
                imposed under this subsection.
          (3) Field citation program.--
                  (A) In general.--The Administrator may implement, 
                after consultation with the Attorney General and the 
                States, a field citation program through regulations 
                establishing appropriate minor violations for which 
                field citations assessing civil penalties not to exceed 
                $5,000 per day of violation may be issued by officers 
                or employees designated by the Administrator.
                  (B) Election to pay or request hearing.--Any person 
                to whom a field citation is assessed may, within a 
                reasonable time as prescribed by the Administrator by 
                regulation, elect to pay the penalty assessment or to 
                request a hearing on the field citation. If a request 
                for a hearing is not made within the time specified in 
                the regulation, the penalty assessment in the field 
                citation shall be final. Such a hearing shall not be 
                subject to section 554 or 556 of title 5, but shall 
                provide a reasonable opportunity to be heard and to 
                present evidence.
                  (C) No defense to further enforcement.--Payment of a 
                civil penalty required by a field citation shall not be 
                a defense to further enforcement by the United States 
                or a State to correct a violation, or to assess the 
                statutory maximum penalty pursuant to other authorities 
                in this division, if the violation continues.
          (4) Judicial review.--
                  (A) In general.--Any person against which a civil 
                penalty is assessed under paragraph (3) or to which an 
                administrative penalty order is issued under paragraph 
                (1) may seek review of the assessment in the United 
                States District Court for the District of Columbia or 
                for the district in which the violation is alleged to 
                have occurred, in which the person resides, or where 
                the person's principal place of business is located, by 
                filing in the court within 30 days after the date on 
                which the administrative penalty order becomes final 
                under paragraph (2), the assessment becomes final under 
                paragraph (3), or a final decision following a hearing 
                under paragraph (3) is rendered, and by simultaneously 
                sending a copy of the filing by certified mail to the 
                Administrator and the Attorney General.
                  (B) Record.--Within 30 days after the date of a 
                filing under subparagraph (A), the Administrator shall 
                file in the court a certified copy, or certified index, 
                as appropriate, of the record on which the 
                administrative penalty order or assessment was issued.
                  (C) Scope of review.--The court shall not set aside 
                or remand the order or assessment unless there is not 
                substantial evidence in the record, taken as a whole, 
                to support the finding of a violation or unless the 
                order or penalty assessment constitutes an abuse of 
                discretion.
                  (D) No other judicial review.--An order or penalty 
                assessment described in subparagraph (A) shall not be 
                subject to review by any court except as provided in 
                this paragraph.
                  (E) Recovery of civil penalties.--In any proceeding 
                under this paragraph, the United States may seek to 
                recover civil penalties ordered or assessed under this 
                section.
          (5) Failure to pay assessment or comply with administrative 
        order.--
                  (A) In general.--If any person fails to pay an 
                assessment of a civil penalty or fails to comply with 
                an administrative penalty order--
                          (i) after the order or assessment has become 
                        final; or
                          (ii) after a court in an action brought under 
                        paragraph (4) has entered a final judgment in 
                        favor of the Administrator;
                the Administrator shall request the Attorney General to 
                bring a civil action in an appropriate United States 
                district court to enforce the order or to recover the 
                amount ordered or assessed (plus interest at rates 
                established pursuant to section 6621(a)(2) of the 
                Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)) 
                from the date of the final order or decision or the 
                date of the final judgment, as the case may be).
                  (B) Validity, amount, and appropriateness not subject 
                to review.--In a civil action under subparagraph (A), 
                the validity, amount, and appropriateness of the order 
                or assessment shall not be subject to review.
                  (C) Enforcement expenses.--Any person that fails to 
                pay on a timely basis a civil penalty ordered or 
                assessed under this section shall be required to pay, 
                in addition to the civil penalty and interest, the 
                enforcement expenses of the United States, including 
                attorney's fees and costs incurred by the United States 
                for collection proceedings and a quarterly nonpayment 
                penalty for each quarter during which the failure to 
                pay persists. The nonpayment penalty shall be 10 
                percent of the aggregate amount of the person's 
                outstanding penalties and nonpayment penalties accrued 
                as of the beginning of each such quarter.
  (f) Penalty Assessment Criteria.--
          (1) Factors.--In determining the amount of any civil penalty 
        to be assessed under this section, the Administrator or the 
        court, as appropriate, shall take into consideration (in 
        addition to such other factors as justice may require)--
                  (A) the size of the business;
                  (B) the economic impact of the civil penalty on the 
                business;
                  (C) the violator's full compliance history and good 
                faith efforts to comply;
                  (D) the duration of the violation as established by 
                any credible evidence (including evidence other than 
                the applicable test method);
                  (E) payment by the violator of penalties previously 
                assessed for the same violation;
                  (F) the economic benefit of noncompliance; and
                  (G) the seriousness of the violation.
          (2) Limitation.--The court shall not assess a penalty for 
        noncompliance with an administrative subpoena under section 
        203102(a) of this title, or an action under section 211114 of 
        this title, where the violator had sufficient cause to violate 
        or fail or refuse to comply with the subpoena or action.
          (3) Civil penalty for each day of violation.--A civil penalty 
        may be assessed for each day of violation. For purposes of 
        determining the number of days of violation for which a civil 
        penalty may be assessed under subsection (c) or (e)(1) or 
        section 203104(b) of this title, where the Administrator or an 
        air pollution control agency has notified the source of the 
        violation, and the plaintiff makes a prima facie showing that 
        the conduct or events giving rise to the violation are likely 
        to have continued or recurred past the date of notice, the days 
        of violation shall be presumed to include the date of the 
        notice and each day thereafter until the violator establishes 
        that continuous compliance has been achieved, except to the 
        extent that the violator can prove by a preponderance of the 
        evidence that there were intervening days during which no 
        violation occurred or that the violation was not continuing in 
        nature.
  (g) Awards.--
          (1) In general.--The Administrator may pay an award, not to 
        exceed $10,000, to any person that furnishes information or 
        services that lead to a criminal conviction or a judicial or 
        administrative civil penalty for any violation of this 
        subdivision or subdivision 1, 5, 6, or 7 enforced under this 
        section.
          (2) Availability of appropriations.--A payment under 
        paragraph (1) is subject to available appropriations for such 
        payments as provided in annual appropriation Acts.
          (3) Ineligibility of government officers and employees.--Any 
        officer or employee of the United States or any State or local 
        government who furnishes information or renders service in the 
        performance of an official duty is ineligible for payment under 
        this subsection.
          (4) Additional criteria.--The Administrator may, by 
        regulation, prescribe additional criteria for eligibility for 
        an award under this subsection.
  (h) Settlements; Public Participation.--
          (1) Opportunity to comment.--At least 30 days before a 
        consent order or settlement agreement of any kind under this 
        division to which the United States is a party (other than an 
        enforcement action under this section, section 211119 of this 
        title, or subdivision 3, whether or not involving civil or 
        criminal penalties, or judgments subject to Department of 
        Justice policy on public participation) is final or filed with 
        a court, the Administrator shall provide a reasonable 
        opportunity by notice in the Federal Register to persons that 
        are not named as parties or intervenors to the action or matter 
        to comment in writing.
          (2) Consideration of comments; withholding or withdrawal of 
        consent.--The Administrator or the Attorney General, as 
        appropriate--
                  (A) shall promptly consider any such written 
                comments; and
                  (B) may withdraw or withhold consent to the proposed 
                order or agreement if the comments disclose facts or 
                considerations that indicate that consent is 
                inappropriate, improper, inadequate, or inconsistent 
                with the requirements of this division.
          (3) Effect of subsection.--Nothing in this subsection shall 
        apply to civil or criminal penalties under this division.
Sec. 211114. Recordkeeping, inspections, monitoring, and entry
  (a) Authority of Administrator or Authorized Representative.--
          (1) Purposes.--The Administrator may take the actions 
        described in paragraph (2) for the purpose of--
                  (A) developing or assisting in the development of--
                          (i) any implementation plan under section 
                        211110 or 211111(d) of this title;
                          (ii) any standard of performance under 
                        section 211111 of this title;
                          (iii) any emission standard under section 
                        211112 of this title; or
                          (iv) any regulation of solid waste combustion 
                        under section 211128 of this title;
                  (B) determining whether any person is in violation of 
                any such standard or any requirement of such a plan; or
                  (C) carrying out any provision of this division 
                (except a provision of subdivision 3 with respect to a 
                manufacturer of new motor vehicles or new motor vehicle 
                engines).
          (2) Actions.--For any of the purposes stated in paragraph 
        (1)--
                  (A) the Administrator may require any person that 
                owns or operates any emission source, that manufactures 
                emission control equipment or process equipment, that 
                the Administrator believes may have information 
                necessary for the purposes set forth in this 
                subsection, or that is subject to any requirement of 
                this division (other than a manufacturer subject to the 
                provisions of section 221106(c) or 221108 of this title 
                with respect to a provision of subdivision 3) on a one-
                time, periodic, or continuous basis to--
                          (i) establish and maintain such records as 
                        the Administrator may reasonably require;
                          (ii) make such reports as the Administrator 
                        may reasonably require;
                          (iii) install, use, and maintain such 
                        monitoring equipment, and use such audit 
                        procedures, or methods, as the Administrator 
                        may reasonably require;
                          (iv) sample such emissions (in accordance 
                        with such procedures or methods, at such 
                        locations, at such intervals, during such 
                        periods and in such manner as the Administrator 
                        shall prescribe);
                          (v) keep records on control equipment 
                        parameters, production variables or other 
                        indirect data when direct monitoring of 
                        emissions is impractical;
                          (vi) submit compliance certifications in 
                        accordance with paragraph (3); and
                          (vii) provide such other information as the 
                        Administrator may reasonably require; and
                  (B) the Administrator or an authorized representative 
                of the Administrator, on presentation of his or her 
                credentials--
                          (i) shall have a right of entry to, on, or 
                        through any premises of a person described in 
                        subparagraph (A) or in which any records 
                        required to be maintained under subparagraph 
                        (A) are located; and
                          (ii) may at reasonable times have access to 
                        and copy any records, inspect any monitoring 
                        equipment or method required under subparagraph 
                        (A), and sample any emissions that a person is 
                        required to sample under subparagraph (A).
          (3) Enhanced monitoring; submission of compliance 
        certifications.--
                  (A) In general.--The Administrator shall, in the case 
                of any person that is the owner or operator of a major 
                stationary source, and may, in the case of any other 
                person, require enhanced monitoring and submission of 
                compliance certifications.
                  (B) Compliance certifications.--A compliance 
                certification shall include--
                          (i) identification of the applicable 
                        requirement that is the basis of the 
                        certification;
                          (ii) the method used for determining the 
                        compliance status of the source;
                          (iii) the compliance status;
                          (iv) whether compliance is continuous or 
                        intermittent; and
                          (v) such other facts as the Administrator may 
                        require.
                  (C) Effect of submission of compliance certificate.--
                Submission of a compliance certification shall in no 
                way limit the Administrator's authorities to 
                investigate or otherwise implement this division.
                  (D) Regulations.--The Administrator shall promulgate 
                regulations to provide guidance and to implement this 
                paragraph.
  (b) State Enforcement.--
          (1) In general.--A State may develop and submit to the 
        Administrator a procedure for carrying out this section in the 
        State. If the Administrator finds that the State procedure is 
        adequate, the Administrator may delegate to the State any 
        authority that the Administrator has to carry out this section.
          (2) Effect of subsection.--Nothing in this subsection 
        precludes the Administrator from carrying out this section in a 
        State.
  (c) Public Availability of Records, Reports, and Information.--
          (1) In general.--Except as provided in paragraph (2), any 
        records, reports or information obtained under subsection (a) 
        shall be available to the public.
          (2) Trade secrets.--On a showing satisfactory to the 
        Administrator by any person that records, reports, or 
        information, or any particular part thereof (other than 
        emission data), to which the Administrator has access under 
        this section, if made public, would divulge methods or 
        processes entitled to protection as trade secrets of the 
        person, the Administrator shall consider the record, report, or 
        information or particular part thereof confidential in 
        accordance with section 1905 of title 18, except that the 
        record, report, or information may be disclosed to other 
        officers, employees, or authorized representatives of the 
        United States concerned with carrying out this division or when 
        relevant in any proceeding under this division.
  (d) Notice of Proposed Entry, Inspection, or Monitoring.--
          (1) In general.--In the case of any emission standard or 
        limitation or other requirement that is adopted by a State as 
        part of an applicable implementation plan, before carrying out 
        an entry, inspection, or monitoring under subsection (a)(2)(B) 
        with respect to the emission standard, limitation, or other 
        requirement, the Administrator (or the Administrator's 
        representative) shall provide the State air pollution control 
        agency with reasonable prior notice of that action, indicating 
        the purpose of the action.
          (2) Prohibition of use of information to inform affected 
        person.--No State air pollution control agency that receives 
        notice under paragraph (1) of an action proposed to be taken 
        may use the information contained in the notice to inform the 
        person whose property is proposed to be affected of the 
        proposed action. If the Administrator has a reasonable basis 
        for believing that a State air pollution control agency is so 
        using or will so use such information, notice to the State air 
        pollution control agency under paragraph (1) is not required 
        until such time as the Administrator determines that the State 
        air pollution control agency will no longer so use information 
        contained in a notice under paragraph (1).
          (3) Effect of section.--Nothing in this section shall be 
        construed to require notification to any State air pollution 
        control agency of any action taken by the Administrator with 
        respect to any standard, limitation, or other requirement that 
        is not part of an applicable implementation plan or that was 
        promulgated by the Administrator under section 211110(c) of 
        this title.
          (4) Effect of subsection.--Nothing in this subsection shall 
        be construed to provide that any failure of the Administrator 
        to comply with the requirements of this subsection shall be a 
        defense in any enforcement action brought by the Administrator 
        or shall make inadmissible as evidence in any such action any 
        information or material obtained notwithstanding the failure to 
        comply with those requirements.
Sec. 211115. International air pollution
  (a) Endangerment of Public Health or Welfare in Foreign Countries 
From Pollution Emitted in United States.--Whenever the Administrator, 
on receipt of reports, surveys, or studies from any duly constituted 
international agency, has reason to believe that any air pollutant or 
pollutants emitted in the United States cause or contribute to air 
pollution that may reasonably be anticipated to endanger public health 
or welfare in a foreign country or whenever the Secretary of State 
requests the Administrator to do so with respect to such pollution that 
the Secretary of State alleges is of such a nature, the Administrator 
shall give formal notification thereof to the Governor of the State in 
which the emissions originate.
  (b) Prevention or Elimination of Endangerment.--The notice of the 
Administrator shall be deemed to be a finding under section 
211110(a)(3)(H)(ii) of this title that requires a plan revision with 
respect to so much of the applicable implementation plan as is 
inadequate to prevent or eliminate the endangerment described in 
subsection (a). Any foreign country so affected by the emission of the 
pollutant or pollutants shall be invited to appear at any public 
hearing associated with any revision of the appropriate portion of the 
applicable implementation plan.
  (c) Reciprocity.--This section shall apply only to a foreign country 
that the Administrator determines has given the United States 
essentially the same rights with respect to the prevention or control 
of air pollution occurring in that country as is given that country by 
this section.
  (d) Recommendations.--Recommendations issued following any abatement 
conference conducted prior to August 7, 1977, shall remain in effect 
with respect to any pollutant for which no NAAQS has been established 
under section 211109 of this title unless the Administrator, after 
consultation with all agencies that were party to the conference, 
rescinds any such recommendation on grounds of obsolescence.
Sec. 211116. Retention of State authority
  (a) In General.--Except as otherwise provided in subsections (c), 
(e), and (f) of section 119 of the Clean Air Act (42 U.S.C. 1857c-10) 
(as in effect before August 7, 1977) and in sections 221109, 
221111(d)(4), and 223104 of this title, and subject to subsection (b), 
nothing in this division shall preclude or deny the right of any State 
or political subdivision thereof to adopt or enforce--
          (1) any standard or limitation respecting emissions of air 
        pollutants; or
          (2) any requirement respecting control or abatement of air 
        pollution.
  (b) Stringency.--If an emission standard or limitation is in effect 
under an applicable implementation plan or under section 211111 or 
211112 of this title, a State or political subdivision may not adopt or 
enforce any emission standard or limitation that is less stringent than 
the standard or limitation under the plan or section.
Sec. 211117. Advisory committees
  (a) Establishment.--The Administrator shall from time to time 
establish advisory committees--
          (1) to obtain assistance in the development and 
        implementation of this division, including air quality 
        criteria, recommended control techniques, standards, research 
        and development; and
          (2) to encourage continued efforts on the part of industry to 
        improve air quality and to develop economically feasible 
        methods for the control and abatement of air pollution.
  (b) Membership.--Committee members shall include persons who are 
knowledgeable concerning air quality from the standpoint of health, 
welfare, economics, or technology.
  (c) Compensation.--The members of any advisory committee appointed 
pursuant to this division who are not officers or employees of the 
United States while attending conferences or meetings or while 
otherwise serving at the request of the Administrator shall be entitled 
to receive compensation at a rate to be fixed by the Administrator, but 
not exceeding $100 per diem, including traveltime, 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 
section 5703 of title 5 for persons in the Government service employed 
intermittently.
  (d) Consultation.--The Administrator shall, to the maximum extent 
practicable within the time provided, consult with appropriate advisory 
committees, independence experts, and Federal departments and agencies 
before--
          (1) issuing criteria for an air pollutant under section 
        211108(a)(2) of this title;
          (2) publishing any list under section 211111(b)(1) or 
        211112(b)(1) of this title;
          (3) publishing any standard under section 211111 or 211112 of 
        this title; or
          (4) publishing any regulation under section 221102(a) of this 
        title.
Sec. 211118. Control of pollution from Federal facilities
  (a) General Compliance.--
          (1) In general.--Each department, agency, and instrumentality 
        of the executive, legislative, and judicial branches of the 
        Federal Government--
                  (A) having jurisdiction over any property or 
                facility; or
                  (B) engaged in any activity resulting, or which may 
                result, in the discharge of air pollutants;
        and each officer, agent, or employee thereof, shall be subject 
        to, and comply with, all Federal, State, interstate, and local 
        requirements, administrative authority, and process and 
        sanctions respecting the control and abatement of air pollution 
        in the same manner and to the same extent as any 
        nongovernmental entity.
          (2) Applicability.--Paragraph (1) shall apply--
                  (A) to any requirement whether substantive or 
                procedural (including any recordkeeping or reporting 
                requirement, any requirement respecting permits, and 
                any other requirement);
                  (B) to any requirement to pay a fee or charge imposed 
                by any State or local agency to defray the costs of its 
                air pollution regulatory program;
                  (C) to the exercise of any Federal, State, or local 
                administrative authority; and
                  (D) to any process and sanction, whether enforced in 
                Federal, State, or local courts or in any other manner.
          (3) Immunity.--This subsection shall apply notwithstanding 
        any immunity of agencies, officers, agents, or employees 
        described in paragraph (1) under any law or rule of law.
          (4) Personal liability.--No officer, agent, or employee of 
        the United States shall be personally liable for any civil 
        penalty for which he or she is not otherwise liable.
  (b) Exemptions.--
          (1) Exemption of particular emission sources.--
                  (A) In general.--The President may exempt any 
                emission source of any department, agency, or 
                instrumentality in the executive branch from compliance 
                with a requirement described in subsection (a) if the 
                President determines it to be in the paramount interest 
                of the United States to do so, except that--
                          (i) no exemption may be granted from section 
                        211111 of this title; and
                          (ii) an exemption from section 211112 of this 
                        title may be granted only in accordance with 
                        subsection (i)(4) of that section.
                  (B) Lack of appropriation.--No exemption under 
                subparagraph (A) shall be granted due to lack of 
                appropriation unless the President specifically 
                requests such an appropriation as a part of the 
                budgetary process and Congress fails to make available 
                the requested appropriation.
                  (C) Exemption period.--Any exemption under 
                subparagraph (A) shall be for a period of not more than 
                1 year, but additional exemptions may be granted for 
                periods of not more than 1 year on the President's 
                making a new determination.
          (2) Exemption of weaponry, equipment, aircraft, vehicles, or 
        other classes or categories of property.--
                  (A) In general.--The President may, if the President 
                determines it to be in the paramount interest of the 
                United States to do so, issue regulations exempting 
                from compliance with the requirements of this section 
                any weaponry, equipment, aircraft, vehicles, or other 
                classes or categories of property that are owned or 
                operated by the Armed Forces of the United States 
                (including the Coast Guard) or by the National Guard of 
                any State and that are uniquely military in nature.
                  (B) Reconsideration.--The President shall reconsider 
                the need for such regulations at 3-year intervals.
          (3) Reports.--The President shall report each January to 
        Congress all exemptions from the requirements of this section 
        granted during the preceding calendar year, together with the 
        President's reason for granting each such exemption.
  (c) Government Vehicles.--Each department, agency, and 
instrumentality of the executive, legislative, and judicial branches of 
the Federal Government shall comply with all applicable provisions of a 
valid inspection and maintenance program established under subchapter 
II or III of chapter 215 except for such vehicles as are considered 
military tactical vehicles.
  (d) Vehicles Operated on Federal Installations.--
          (1) In general.--Each department, agency, and instrumentality 
        of the executive, legislative, and judicial branches of the 
        Federal Government having jurisdiction over any property or 
        facility shall require all employees that operate a motor 
        vehicle on the property or facility to furnish proof of 
        compliance with the applicable requirements of any vehicle 
        inspection and maintenance program established under subchapter 
        II or III of chapter 215 for the State in which the property or 
        facility is located (without regard to whether the vehicle is 
        registered in the State).
          (2) Proof of compliance.--A department, agency, and 
        instrumentality shall use 1 of the following methods to 
        establish proof of compliance with paragraph (1):
                  (A) Presentation by the vehicle owner of a valid 
                certificate of compliance from the vehicle inspection 
                and maintenance program.
                  (B) Presentation by the vehicle owner of proof of 
                vehicle registration within the geographic area covered 
                by the vehicle inspection and maintenance program 
                (except for any program whose enforcement mechanism is 
                not through the denial of vehicle registration).
                  (C) Another method approved by the vehicle inspection 
                and maintenance program administrator.
Sec. 211119. Noncompliance penalty
  (a) Definition of Operator.--In this section:
          (1) In general.--The term ``operator'' includes any person 
        who is a part of senior management personnel or is a corporate 
        officer.
          (2) Exclusions.--Except in the case of a knowing and willful 
        violation, the term ``operator'' does not include any person 
        who is a stationary engineer or technician responsible for the 
        operation, maintenance, repair, or monitoring of equipment and 
        facilities and who often has supervisory and training duties 
        but who is not a part of senior management personnel and not a 
        corporate officer.
  (b) Assessment and Collection.--
          (1) In general.--
                  (A) Regulations.--After notice and opportunity for a 
                public hearing, the Administrator shall promulgate 
                regulations requiring the assessment and collection of 
                a noncompliance penalty against a person described in 
                paragraph (2)(A).
                  (B) Delegation of authority to a state.--
                          (i) In general.--A State may develop and 
                        submit to the Administrator a plan for carrying 
                        out this section in the State. If the 
                        Administrator finds that the State plan meets 
                        the requirements of this section, the 
                        Administrator may delegate to the State any 
                        authority that the Administrator has to carry 
                        out this section.
                          (ii) Authority of the administrator.--
                        Notwithstanding a delegation to a State under 
                        clause (i), the Administrator may carry out 
                        this section in the State under the 
                        circumstances described in subsection 
                        (c)(2)(B).
          (2) Authority.--
                  (A) Assessment and collection.--
                          (i) In general.--Except as provided in 
                        subparagraph (B) or (C), a State to which 
                        authority has been delegated under paragraph 
                        (1) or the Administrator shall assess and 
                        collect a noncompliance penalty against every 
                        person that owns or operates--
                                  (I) a major stationary source (other 
                                than a primary nonferrous smelter that 
                                received a primary nonferrous smelter 
                                order under section 119 of the Clean 
                                Air Act (42 U.S.C. 7419) (as in effect 
                                before the repeal of that section)) 
                                that is not in compliance with any 
                                emission limitation, emission standard, 
                                or compliance schedule under any 
                                applicable implementation plan (whether 
                                or not the source is subject to a 
                                Federal or State consent decree);
                                  (II) a stationary source that is not 
                                in compliance with an emission 
                                limitation, emission standard, standard 
                                of performance, or other requirement 
                                established under section 203103, 
                                211111, 211112, or 213109 of this 
                                title;
                                  (III) a stationary source that is not 
                                in compliance with any requirement of 
                                subdivision 5, 6, or 7; or
                                  (IV) any source described in 
                                subclause (I), (II), or (III) (for 
                                which an extension, order, or 
                                suspension described in subparagraph 
                                (B) or a Federal or State consent 
                                decree is in effect) or a primary 
                                nonferrous smelter that received a 
                                primary nonferrous smelter order under 
                                section 119 of the Clean Air Act (42 
                                U.S.C. 7419) (as in effect before the 
                                repeal of that section) that is not in 
                                compliance with any interim emission 
                                control requirement or schedule of 
                                compliance under the extension, order, 
                                suspension, or consent decree.
                          (ii) Costs.--For purposes of subsection 
                        (g)(1), in the case of a penalty assessed with 
                        respect to a source described in clause 
                        (i)(III), the costs described in subsection 
                        (g)(1) shall be the economic value of 
                        noncompliance with the interim emission control 
                        requirement or the remaining steps in the 
                        schedule of compliance described in clause 
                        (i)(III).
                  (B) Exemptions if failure to comply is due to certain 
                extensions, orders, or suspensions.--
                          (i) In general.--Notwithstanding the 
                        requirements of subclauses (I) and (II) of 
                        subparagraph (A)(i), the owner or operator of 
                        any source shall be exempted from the duty to 
                        pay a noncompliance penalty under those 
                        requirements with respect to that source if, in 
                        accordance with the procedures in subsection 
                        (c)(5), the owner or operator demonstrates that 
                        the failure of the source to comply with any 
                        such requirement is due solely to--
                                  (I) a conversion by the source from 
                                the burning of petroleum products or 
                                natural gas, or both, as the permanent 
                                primary energy source to the burning of 
                                coal pursuant to an order under section 
                                113(d)(5) of the Clean Air Act (42 
                                U.S.C. 7413(d)(5)) (as in effect before 
                                November 15, 1990) or section 119 of 
                                the Clean Air Act (42 U.S.C. 7419) (as 
                                in effect before August 7, 1977);
                                  (II) in the case of a coal-burning 
                                source granted an extension under the 
                                2d sentence of section 119(c)(1) of the 
                                Clean Air Act (42 U.S.C. 1857c-
                                10(c)(1)) (as in effect before August 
                                7, 1977), a prohibition from using 
                                petroleum products or natural gas or 
                                both, by reason of an order under 
                                subsections (a) and (b) of section 2 of 
                                the Energy Supply and Environmental 
                                Coordination Act of 1974 (15 U.S.C. 
                                792) or under any legislation that 
                                supersedes those subsections;
                                  (III) the use of innovative 
                                technology sanctioned by an enforcement 
                                order under section 113(d)(4) of the 
                                Clean Air Act (42 U.S.C. 7413(d)(4)) 
                                (as in effect before November 15, 
                                1990);
                                  (IV) an inability to comply with any 
                                such requirement, for which inability 
                                the source received an order under 
                                section 113(d) of the Clean Air Act (42 
                                U.S.C. 7413(d)) (as in effect before 
                                November 15, 1990) or an order under 
                                section 113 of the Clean Air Act (42 
                                U.S.C. 7413) (as in effect before 
                                August 7, 1977) that has the effect of 
                                permitting a delay or violation of any 
                                requirement of this division (including 
                                a requirement of an applicable 
                                implementation plan), which inability 
                                results from reasons entirely beyond 
                                the control of the owner or operator of 
                                the source or of any entity 
                                controlling, controlled by, or under 
                                common control with the owner or 
                                operator of the source; or
                                  (V) the conditions by reason of which 
                                a temporary emergency suspension is 
                                authorized under subsection (d) or (e) 
                                of section 211110 of this title.
                          (ii) Cessation of effectiveness.--An 
                        exemption under this subparagraph shall cease 
                        to be effective if the source fails to comply 
                        with the interim emission control requirements 
                        or schedules of compliance (including 
                        increments of progress) under any such 
                        extension, order, or suspension.
                  (C) Exemption if failure to comply is de minimis in 
                nature and in duration.--The Administrator may, after 
                notice and opportunity for public hearing, exempt any 
                source from the requirements of this section with 
                respect to a particular instance of noncompliance if 
                the Administrator finds that the instance of 
                noncompliance is de minimis in nature and in duration.
  (c) Contents of Regulations.--Regulations under subsection (b) 
shall--
          (1) permit the assessment and collection of a penalty by a 
        State if the State has a delegation of authority in effect 
        under subsection (b)(1)(B)(i);
          (2) provide for the assessment and collection of a penalty by 
        the Administrator, if--
                  (A) a State does not have a delegation of authority 
                in effect under subsection (b)(1)(B)(i); or
                  (B) a State has such a delegation in effect but fails 
                with respect to any particular person or source to 
                assess or collect the penalty in accordance with the 
                requirements of this section;
          (3) require a State, or if a State fails to do so, the 
        Administrator, to give a brief but reasonably specific notice 
        of noncompliance under this section to each person described in 
        subsection (b)(2)(A)(i) with respect to each source owned or 
        operated by the person that is not in compliance as provided in 
        subsection (b) not later than 30 days after the discovery of 
        the noncompliance;
          (4) require each person to which notice is given under 
        paragraph (3) to--
                  (A) calculate the amount of the penalty owed 
                (determined in accordance with subsection (g)(1)) and 
                the schedule of payments (determined in accordance with 
                subsection (g)(2)) for each such source and, within 45 
                days after the issuance of the notice or after the 
                denial of a petition under subparagraph (B), to submit 
                that calculation and proposed schedule, together with 
                the information necessary for an independent 
                verification of the calculation, to the State and to 
                the Administrator; or
                  (B) submit a petition, within 45 days after the 
                issuance of the notice, challenging the notice or 
                alleging entitlement to an exemption under subsection 
                (b)(2)(B) with respect to a particular source;
          (5) require the Administrator to provide a hearing on the 
        record (within the meaning of subchapter II of chapter 5 of 
        title 5) and to make a decision on the petition (including 
        findings of fact and conclusions of law) not later than 90 days 
        after the receipt of any petition under paragraph (4)(B), 
        unless the State agrees to provide a hearing that is 
        substantially similar to such a hearing on the record and to 
        make a decision on the petition (including findings and 
        conclusions) within the 90-day period;
          (6)(A) authorize the Administrator on the Administrator's 
        initiative to review the decision of the State under paragraph 
        (5) and disapprove the decision if it is not in accordance with 
        the requirements of this section; and
          (B) on petition for such a review, require the Administrator 
        to do so not later than 60 days after receipt of the petition, 
        notice, and public hearing and a showing by the petitioner that 
        the State decision under paragraph (5) is not in accordance 
        with the requirements of this section;
          (7) require payment, in accordance with subsections (f) and 
        (g), of the penalty by each person to which notice of 
        noncompliance is given under paragraph (3) with respect to each 
        noncomplying source for which the notice is given unless there 
        has been a final determination granting a petition under 
        paragraph (4)(B) with respect to the source;
          (8) authorize a State or the Administrator to adjust (and 
        from time to time to readjust) the amount of the penalty 
        assessment calculated or the payment schedule proposed by an 
        owner or operator under paragraph (4) if the Administrator 
        finds, after notice and opportunity for a hearing on the 
        record, that the penalty or schedule does not meet the 
        requirements of this section; and
          (9) require a final adjustment of the penalty within 180 days 
        after a source comes into compliance in accordance with 
        subsection (g)(3).
  (d) Noncompliance Penalty Established by a State.--
          (1) Notice.--In any case in which a State establishes a 
        noncompliance penalty under this section, the State shall 
        provide notice of the noncompliance penalty to the 
        Administrator.
          (2) Applicability.--A noncompliance penalty established by a 
        State under this section shall apply unless the Administrator, 
        within 90 days after the date of receipt of notice of the State 
        penalty assessment under this section, objects in writing to 
        the amount of the penalty as less than would be required to 
        comply with guidelines established by the Administrator.
          (3) Objection.--If the Administrator objects, the 
        Administrator shall immediately establish a substitute 
        noncompliance penalty applicable to the source.
  (e) Contract To Assist in Determining Amount of Penalty Assessment or 
Payment Schedule.--
          (1) In general.--If the owner or operator of any stationary 
        source to which a notice is issued under subsection (c)(3)--
                  (A)(i) does not submit a timely petition under 
                subsection (c)(4)(B); or
                  (ii) submits a petition under subsection (c)(4)(B) 
                that is denied; and
                  (B) fails to submit a calculation of the penalty 
                assessment, a schedule for payment, and the information 
                necessary for independent verification of the 
                calculation;
        the State (or the Administrator, as the case may be) may enter 
        into a contract with any person that has no financial interest 
        in the owner or operator of the source (or in any person 
        controlling, controlled by, or under common control with the 
        source) to assist in determining the amount of the penalty 
        assessment or payment schedule with respect to the source.
          (2) Cost.--The cost of carrying out a contract under 
        paragraph (1) may be added to the penalty to be assessed 
        against the owner or operator of the source.
  (f) Payment.--All penalties assessed by the Administrator under this 
section shall be paid to the Treasury. All penalties assessed by a 
State under this section shall be paid to the State.
  (g) Amount of Penalty.--
          (1) Amount.--
                  (A) In general.--The amount of the penalty that shall 
                be assessed and collected with respect to any source 
                under this section shall be equal to--
                          (i) the amount determined in accordance with 
                        regulations promulgated by the Administrator 
                        under subsection (b), which is not less than 
                        the economic value that a delay in compliance 
                        may have for the owner of the source, 
                        including--
                                  (I) the quarterly equivalent of the 
                                capital costs of compliance and debt 
                                service over a normal amortization 
                                period, not to exceed 10 years;
                                  (II) operation and maintenance costs 
                                forgone as a result of noncompliance; 
                                and
                                  (III) any additional economic value 
                                that such a delay may have for the 
                                owner or operator of the source; minus
                          (ii) the amount of any expenditure made by 
                        the owner or operator of the source during any 
                        such quarter for the purpose of bringing the 
                        source into, and maintaining compliance with, 
                        the requirement, to the extent that the 
                        expenditure is not taken into account in the 
                        calculation of the penalty under clause (i).
                  (B) Subtraction of expenditure.--To the extent that 
                any expenditure under subparagraph (A)(ii) made during 
                any quarter is not subtracted for that quarter from the 
                costs under subparagraph (A)(i), the expenditure may be 
                subtracted for any subsequent quarter from those costs.
                  (C) Minimum amount.--In no event shall the amount 
                paid be less than the quarterly payment minus the 
                amount attributed to actual cost of construction.
          (2) Payment in installments.--
                  (A) Definition of period of covered noncompliance.--
                In this paragraph, the term ``period of covered 
                noncompliance'' means the period that begins on the 
                date of issuance of a notice of noncompliance under 
                subsection (c)(3) and ending on the date on which the 
                source comes into (or for the purpose of establishing 
                the schedule of payments, is estimated to come into) 
                compliance with the requirement.
                  (B) In general.--The assessed penalty required under 
                this section shall be paid in quarterly installments 
                for the period of covered noncompliance. All quarterly 
                payments (determined without regard to any adjustment 
                or any subtraction under paragraph (1)(A)(ii)) after 
                the 1st payment shall be equal.
                  (C) 1st payment.--The 1st payment shall be due on the 
                date that is 6 months after the date of issuance of the 
                notice of noncompliance under subsection (b)(3) with 
                respect to any source. The 1st payment shall be in the 
                amount of the quarterly installment for the upcoming 
                quarter, plus the amount owed for any preceding period 
                within the period of covered noncompliance for the 
                source.
          (3) Review of actual expenditures.--On making a determination 
        that a source with respect to which a penalty has been paid 
        under this section is in compliance and is maintaining 
        compliance with the applicable requirement, a State (or the 
        Administrator as the case may be) shall--
                  (A) review the actual expenditures made by the owner 
                or operator of the source for the purpose of attaining 
                and maintaining compliance; and
                  (B) within 180 days after the source comes into 
                compliance--
                          (i) provide reimbursement with interest (to 
                        be paid by the State or Secretary of the 
                        Treasury, as the case may be) at appropriate 
                        prevailing rates (as determined by the 
                        Secretary of the Treasury) for any overpayment 
                        by the owner or operator; or
                          (ii) assess and collect an additional payment 
                        with interest at appropriate prevailing rates 
                        (as determined by the Secretary of the 
                        Treasury) for any underpayment by the owner or 
                        operator.
          (4) Quarterly nonpayment penalty.--An owner or operator that 
        fails to pay the amount of any penalty with respect to any 
        source under this section on a timely basis shall be required 
        to pay in addition a quarterly nonpayment penalty for each 
        quarter during which the failure to pay persists. The 
        nonpayment penalty shall be in an amount equal to 20 percent of 
        the aggregate amount of the owner or operator's penalties and 
        nonpayment penalties with respect to the source that are unpaid 
        as of the beginning of the quarter.
  (h) Judicial Review.--Any action pursuant to this section, including 
any objection of the Administrator under subsection (d)(3), shall be 
considered a final action for purposes of judicial review of any 
penalty under section 211113 of this title.
  (i) Other Orders, Payments, Sanctions, or Requirements.--Any orders, 
payments, sanctions, or other requirements under this section shall be 
in addition to any other permits, orders, payments, sanctions, or other 
requirements established under this division and shall in no way affect 
any civil or criminal enforcement proceedings brought under any 
provision of this division or State or local law.
  (j) More Stringent Emission Limitations or Other Requirements.--In 
the case of any emission limitation or other requirement approved or 
promulgated by the Administrator under this division after August 7, 
1977, that is more stringent than the emission limitation or 
requirement for the source in effect prior to such approval or 
promulgation, if any, or where there was no emission limitation or 
requirement approved or promulgated before August 7, 1977, the date for 
imposition of the noncompliance penalty under this section shall be the 
date on which the source is required to be in full compliance with the 
emission limitation or requirement, but in no event later than 3 years 
after the approval or promulgation of the emission limitation or 
requirement.
  (k) Determination of Number of Days.--For purposes of determining the 
number of days of violation for which an assessment may be made under 
this section, where the Administrator or an air pollution control 
agency has notified the source of the violation, and the plaintiff 
makes a prima facie showing that the conduct or events giving rise to 
the violation are likely to have continued or recurred past the date of 
notice, the days of violation shall be presumed to include the date of 
the notice and each day thereafter until the violator establishes that 
continuous compliance has been achieved, except to the extent that the 
violator can prove by a preponderance of the evidence that there were 
intervening days during which no violation occurred or that the 
violation was not continuing in nature.
Sec. 211120. Consultation
  (a) Process.--In carrying out the requirements of this division 
requiring applicable implementation plans to contain--
          (1) any transportation controls, air quality maintenance plan 
        requirements, or preconstruction review of direct sources of 
        air pollution; or
          (2) any measure described in chapter 213 or 215;
a State shall provide a satisfactory process of consultation with 
general purpose local governments, designated organizations of elected 
officials of local governments, and any Federal land manager having 
authority over Federal land to which the State plan applies, as part of 
the plan.
  (b) Regulations.--The process provided under subsection (a) shall be 
in accordance with regulations promulgated by the Administrator to 
ensure adequate consultation.
  (c) Judicial Review.--Only a general purpose unit of local 
government, regional agency, or council of governments adversely 
affected by action of the Administrator approving any portion of a plan 
described in subsection (a) may petition for judicial review of an 
action described in subsection (a) on the basis of a violation of the 
requirements of this section.
Sec. 211121. Listing of certain unregulated pollutants
  (a) Radioactive Pollutants, Cadmium, Arsenic, and Polycyclic Organic 
Matter.--
          (1) Review and determination.--After notice and opportunity 
        for public hearing, the Administrator shall review all 
        available relevant information and determine whether emissions 
        of radioactive pollutants (including source material, special 
        nuclear material, and byproduct material), cadmium, arsenic, 
        and polycyclic organic matter into the ambient air will cause, 
        or contribute to, air pollution that may reasonably be 
        anticipated to endanger public health.
          (2) Affirmative determination.--If the Administrator makes an 
        affirmative determination with respect to a substance described 
        in paragraph (1), the Administrator, simultaneously with the 
        determination, shall--
                  (A) include the substance in the list published under 
                section 211108(a)(1) or 211112(b)(1) of this title (in 
                the case of a substance that, in the judgment of the 
                Administrator, causes, or contributes to, air pollution 
                that may reasonably be anticipated to result in an 
                increase in mortality or an increase in serious 
                irreversible, or incapacitating reversible, illness);
                  (B) include each category of stationary sources 
                emitting the substance in significant amounts in the 
                list published under section 211111(b)(1) of this 
                title, or take any combination of such actions; or
                  (C) take both such actions.
  (b) Revision Authority.--Nothing in subsection (a) shall be construed 
to affect the authority of the Administrator to revise any list 
described in subsection (a) with respect to any substance (whether or 
not enumerated in subsection (a)).
  (c) Source Material, Special Nuclear Material, and Byproduct 
Material.--
          (1) Consultation.--Before listing any source material, 
        special nuclear material, or byproduct material (or component 
        or derivative thereof) as provided in subsection (a), the 
        Administrator shall consult with the Nuclear Regulatory 
        Commission.
          (2) Interagency agreement.--Not later than 6 months after 
        listing any source material, special nuclear material, or 
        byproduct material (or component or derivative thereof), the 
        Administrator and the Nuclear Regulatory Commission shall enter 
        into an interagency agreement with respect to sources and 
        facilities that are under the jurisdiction of the Nuclear 
        Regulatory Commission. The agreement shall, to the maximum 
        extent practicable consistent with this division, minimize 
        duplication of effort and conserve administrative resources in 
        the establishment, implementation, and enforcement of emission 
        limitations, standards of performance, and other requirements 
        and authorities (substantive and procedural) under this 
        division respecting the emission of source material, special 
        nuclear material, or byproduct material (and components and 
        derivatives thereof) from those sources or facilities.
          (3) Public health and safety.--In case of any standard or 
        emission limitation promulgated by the Administrator, under 
        this division or by any State (or the Administrator) under any 
        applicable implementation plan under this division, if the 
        Nuclear Regulatory Commission determines, after notice and 
        opportunity for public hearing that the application of the 
        standard or limitation to a source or facility under the 
        jurisdiction of the Nuclear Regulatory Commission would 
        endanger public health or safety, the standard or limitation 
        shall not apply to those facilities or sources unless the 
        President determines otherwise within 90 days after the date of 
        the determination.
Sec. 211122. Stack heights
  (a) Definitions.--In this section:
          (1) Dispersion technique.--The term ``dispersion technique'' 
        includes any intermittent or supplemental control of an air 
        pollutant varying with atmospheric conditions.
          (2) Good engineering practice.--
                  (A) In general.--The term ``good engineering 
                practice'', with respect to the height of a stack at a 
                source, means the height necessary to ensure that 
                emissions from the stack do not result in excessive 
                concentrations of any air pollutant in the immediate 
                vicinity of the source as a result of atmospheric 
                downwash, eddies, and wakes that may be created by the 
                source itself, nearby structures, or nearby terrain 
                obstacles (as determined by the Administrator).
                  (B) Limitation.--For purposes of subparagraph (A), 
                stack height consistent with good engineering practice 
                shall not exceed 2\1/2\ times the height of a source 
                unless the owner or operator of the source 
                demonstrates, after notice and opportunity for public 
                hearing, to the satisfaction of the Administrator, that 
                a greater height is necessary as provided under 
                subparagraph (A).
  (b) Heights in Excess of Good Engineering Practice; Other Dispersion 
Techniques.--
          (1) In general.--The degree of emission limitation required 
        for control of any air pollutant under an applicable 
        implementation plan under this subdivision shall not be 
        affected in any manner by--
                  (A) so much of the stack height of any source as 
                exceeds good engineering practice (as determined under 
                regulations promulgated by the Administrator); or
                  (B) any other dispersion technique.
          (2) Applicability.--Paragraph (1) shall not apply with 
        respect to stack heights in existence before December 31, 1970, 
        or dispersion techniques implemented before that date.
          (3) Emission limitation for certain coal-fired steam electric 
        generating units.--In establishing an emission limitation for 
        coal-fired steam electric generating units are subject to 
        section 211118 of this title and that commenced operation 
        before July 1, 1957, the effect of the entire stack height of 
        stacks for which a construction contract was awarded before 
        February 8, 1974, may be taken into account.
  (c) Limitation.--In no event may the Administrator prohibit any 
increase in any stack height or restrict in any manner the stack height 
of any source.
  (d) Regulations.--After notice and opportunity for public hearing, 
the Administrator shall promulgate regulations to carry out this 
section.
Sec. 211123. Assurance of adequacy of State plans
  (a) State Review of Implementation Plans That Relate to Major Fuel 
Burning Sources.--Each State shall review the provisions of its 
implementation plan that relate to major fuel burning sources and shall 
determine--
          (1) the extent to which compliance with requirements of the 
        implementation plan is dependent on the use by major fuel 
        burning stationary sources of petroleum products or natural 
        gas;
          (2) the extent to which the implementation plan may 
        reasonably be anticipated to be inadequate to meet the 
        requirements of this division in the State on a reliable and 
        long-term basis by reason of its dependence on the use of 
        petroleum products or natural gas; and
          (3) the extent to which compliance with the requirements of 
        the implementation plan is dependent on use of coal or coal 
        derivatives that is not locally or regionally available.
  (b) Submission to Administrator.--Each State shall submit the results 
of its review and its determination under subsection (a) to the 
Administrator promptly on completion of the review.
  (c) Plan Revision.--
          (1) Revision.--The Administrator shall review the submissions 
        of the States under subsection (b) and shall require a State to 
        revise its implementation plan if, in the judgment of the 
        Administrator, revision is necessary to ensure that the 
        implementation plan will be adequate to ensure compliance with 
        the requirements of this division in the State on a reliable 
        and long-term basis, taking into account the actual or 
        potential prohibitions on use of petroleum products or natural 
        gas, or both, under any other authority of law.
          (2) Considerations; consultation.--Before requiring an 
        implementation plan revision under this subsection with respect 
        to any State, the Administrator shall--
                  (A) take into account the report of the review 
                conducted by the State under paragraph (1); and
                  (B) consult with the Governor of the State respecting 
                the required revision.
Sec. 211124. Measures to prevent economic disruption or unemployment
  (a) Definition of Locally or Regionally Available Coal or Coal 
Derivatives.--In this section, the term ``locally or regionally 
available coal or coal derivative'' means coal or a coal derivative 
that is, or in the judgment of a State or the Administrator can 
feasibly be, mined or produced in the local or regional area (as 
determined by the Administrator) in which a major fuel burning 
stationary source is located.
  (b) Determination That Action Is Necessary.--After notice and 
opportunity for a public hearing, the Governor of any State in which a 
major fuel burning stationary source described in this subsection (or 
class or category thereof) is located, the Administrator or the 
President (or a designee of the President) may determine that action 
under subsection (c) is necessary to prevent or minimize significant 
local or regional economic disruption or unemployment that would 
otherwise result from use by the source (or class or category) of--
          (1) coal or coal derivatives other than locally or regionally 
        available coal;
          (2) petroleum products;
          (3) natural gas; or
          (4) any combination of fuels described in paragraphs (1) 
        through (3);
to comply with the requirements of a State implementation plan.
  (c) Use of Locally or Regionally Available Coal or Coal Derivatives 
To Comply With Implementation Plan Requirements.--
          (1) In general.--On a determination under subsection (b)--
                  (A) the Governor, with the written consent of the 
                President or a designee of the President;
                  (B) a designee of the President, with the written 
                consent of the Governor; or
                  (C) the President;
        may by regulation or order prohibit any such major fuel burning 
        stationary source (or class or category thereof) from using 
        fuels other than locally or regionally available coal or coal 
        derivatives to comply with implementation plan requirements.
          (2) Consideration of final cost.--In taking any action under 
        this subsection, the Governor, the President, or the 
        President's designee, as the case may be, shall take into 
        account the final cost to the consumer of such an action.
  (d) Contracts; Schedules.--
          (1) In general.--The Governor, in the case of an action under 
        subsection (c)(1)(A), or the Administrator, in the case of an 
        action under subparagraph (B) or (C) of subsection (c)(1), 
        shall, by regulation or order, require each source to which the 
        action applies to--
                  (A) enter into long-term contracts of at least 10 
                years in duration (except as the President or the 
                President's designee may otherwise permit or require by 
                regulation or order for good cause) for supplies of 
                regionally available coal or coal derivatives;
                  (B) enter into contracts to acquire any additional 
                means of emission limitation that the Administrator or 
                the State determines may be necessary to comply with 
                the requirements of this division while using such coal 
                or coal derivatives as fuel; and
                  (C) comply with such schedules (including increments 
                of progress), timetables, and other requirements as may 
                be necessary to ensure compliance with the requirements 
                of this division.
          (2) Timing.--Requirements under this subsection shall be 
        established simultaneously with, and as a condition of, any 
        action under subsection (c).
  (e) Existing or New Major Fuel Burning Stationary Sources.--This 
section applies only to existing or new major fuel burning stationary 
sources that--
          (1) have the design capacity to produce 250,000,000 British 
        thermal units per hour (or the equivalent), as determined by 
        the Administrator; and
          (2) are not in compliance with the requirements of an 
        applicable implementation plan or are prohibited from burning 
        oil or natural gas, or both, under any other authority of law.
  (f) Actions Not To Be Deemed Modifications of Major Fuel Burning 
Stationary Sources.--Except as may otherwise be provided by regulation 
by a State or the Administrator for good cause, any action required to 
be taken by a major fuel burning stationary source under this section 
shall not be deemed to constitute a modification for purposes of 
paragraphs (2) and (3) of section 211111(a) of this title.
  (g) Treatment of Prohibitions, Regulations, or Orders as Requirements 
or Parts of Plans Under Other Provisions.--For purposes of sections 
211113 and 211119 of this title, a prohibition under subsection (c), 
and a corresponding regulation or order under subsection (d), shall be 
treated as a requirement of section 211113 of this title. For purposes 
of any plan (or portion thereof) promulgated under section 211110(c) of 
this title, any regulation or order under subsection (d) corresponding 
to a prohibition under subsection (c) shall be treated as a part of the 
plan. For purposes of section 211113 of this title, a prohibition under 
subsection (c), applicable to any source, and a corresponding 
regulation or order under subsection (d), shall be treated as part of 
the applicable implementation plan for the State in which the subject 
source is located.
  (h) Delegation of Presidential Authority.--The President may delegate 
the President's authority under this section to an officer or employee 
of the United States designated by the President on a case-by-case 
basis or in any other manner that the President considers suitable.
Sec. 211125. Interstate pollution abatement
  (a) Written Notice to All Nearby States.--Each applicable 
implementation plan shall require each major proposed new (or modified) 
source--
          (1) that is subject to chapter 213; or
          (2) that may significantly contribute to levels of air 
        pollution in excess of the NAAQSes in any air quality control 
        region outside the State in which the source intends to locate 
        (or make the modification);
to provide written notice to all nearby States the air pollution levels 
of which may be affected by the source at least 60 days prior to the 
date on which commencement of construction is to be permitted by the 
State providing notice.
  (b) Petition for Finding That Major Sources Emit or Would Emit 
Prohibited Air Pollutants.--Any State or political subdivision may 
petition the Administrator for a finding that any major source or group 
of stationary sources emits or would emit any air pollutant in 
violation of section 211110(a)(3)(D)(ii) of this title or this section. 
Within 60 days after receipt of any petition under this subsection and 
after public hearing, the Administrator shall make such a finding or 
deny the petition.
  (c) Violations.--
          (1) In general.--Notwithstanding any permit granted by a 
        State in which a source is located (or intends to locate), it 
        shall be a violation of this section and the applicable 
        implementation plan in that State--
                  (A) for any major proposed new (or modified) source 
                with respect to which a finding has been made under 
                subsection (b) to be constructed or to operate in 
                violation of section 211110(a)(3)(D)(ii) of this title 
                or this section; or
                  (B) for any major existing source to operate more 
                than 3 months after such a finding has been made with 
                respect to it.
          (2) Continued operation.--The Administrator may permit the 
        continued operation of a source described in paragraph (1)(B) 
        beyond the expiration of the 3-month period if the source 
        complies with such emission limitations and compliance 
        schedules (containing increments of progress) as the 
        Administrator may provide to bring about compliance with the 
        requirements contained in section 211110(a)(3)(D)(ii) of this 
        title or this section as expeditiously as practicable, but in 
        no case later than 3 years after the date of the finding.
Sec. 211126. Public notification
  (a) In General.--A State implementation plan shall contain measures 
that will be effective to notify the public during any calendar year on 
a regular basis of instances or areas in which any primary NAAQS is 
exceeded or was exceeded during any portion of the preceding calendar 
year to--
          (1) advise the public of the health hazards associated with 
        such pollution; and
          (2) enhance public awareness of--
                  (A) the measures that can be taken to prevent those 
                standards from being exceeded; and
                  (B) the ways in which the public can participate in 
                regulatory efforts and other efforts to improve air 
                quality.
  (b) Measures.--Measures under subsection (a) may include--
          (1) the posting of warning signs on interstate highway access 
        points to metropolitan areas; or
          (2) television, radio, or press notices or information.
  (c) Grants.--The Administrator may make grants to States to assist in 
carrying out this section.
Sec. 211127. State boards
  (a) In General.--An applicable implementation plan shall contain 
requirements that--
          (1) any board or body that approves permits or enforcement 
        orders under this division have at least a majority of members 
        who represent the public interest and do not derive any 
        significant portion of their income from persons subject to 
        permits or enforcement orders under this division; and
          (2) any potential conflicts of interest by members of such a 
        board or body or the head of an executive agency with similar 
        powers be adequately disclosed.
  (b) Requirements Respecting Conflicts of Interest.--A State may adopt 
any requirements respecting conflicts of interest for boards or bodies 
or heads of executive agencies described in subsection (a), or any 
other entities, that are more stringent than the requirements of 
paragraphs (1) and (2) of subsection (a), and the Administrator shall 
approve any such more stringent requirements submitted as part of an 
implementation plan.
Sec. 211128. Solid waste combustion
  (a) Definitions.--In this section:
          (1) Existing solid waste incineration unit.--The term 
        ``existing solid waste incineration unit'' means a solid waste 
        unit that is not a new solid waste incineration unit or 
        modified solid waste incineration unit.
          (2) Existing unit.--The term ``existing unit'' means an 
        existing solid waste incineration unit.
          (3) Medical waste.--The term ``medical waste'' has the 
        meaning established by the Administrator pursuant to the Solid 
        Waste Disposal Act (42 U.S.C. 6901 et seq.).
          (4) Modified solid waste incineration unit.--The term 
        ``modified solid waste incineration unit'' means a solid waste 
        incineration unit at which modifications have occurred after 
        the effective date of a standard under subsection (b) if--
                  (A) the cumulative cost of the modifications, over 
                the life of the unit, exceed 50 percent of the original 
                cost of construction and installation of the unit (not 
                including the cost of any land purchased in connection 
                with the construction or installation) updated to 
                current costs; or
                  (B) the modification is a physical change in or 
                change in the method of operation of the unit that 
                increases the amount of any air pollutant emitted by 
                the unit for which standards have been established 
                under this section or section 211111 of this title.
          (5) Municipal waste.--
                  (A) In general.--The term ``municipal waste'' means 
                refuse (and refuse-derived fuel) collected from the 
                general public and from residential, commercial, 
                institutional, and industrial sources consisting of 
                paper, wood, yard waste, food waste, plastic, leather, 
                rubber, and other combustible material and 
                noncombustible material such as metal, glass, and rock.
                  (B) Exclusions.--The term ``municipal waste'' does 
                not include industrial process waste or medical waste 
                that is segregated from other waste described in 
                subparagraph (A).
                  (C) Incineration units.--An incineration unit shall 
                not be considered to be combusting municipal waste for 
                purposes of this section if the incineration unit 
                combusts a fuel feed stream 30 percent or less of the 
                weight of which is comprised, in aggregate, of 
                municipal waste.
          (6) New solid waste incineration unit.--The term ``new solid 
        waste incineration unit'', with respect to any requirement that 
        the Administrator proposes under this section establishing an 
        emission standard or other requirement that would be applicable 
        to the unit or a modified solid waste incineration unit, means 
        a solid waste incineration unit the construction of which is 
        commenced after the date on which the Administrator proposes 
        the requirement.
          (7) New unit.--The term ``new unit'' means a new solid waste 
        incineration unit.
          (8) Solid waste.--The term ``solid waste'' has the meaning 
        established by the Administrator pursuant to the Solid Waste 
        Disposal Act (42 U.S.C. 6901 et seq.).
          (9) Solid waste incineration unit.--
                  (A) In general.--The term ``solid waste incineration 
                unit'' means a distinct operating unit of any facility 
                that combusts any solid waste material from commercial 
                or industrial establishments or the general public 
                (including single and multiple residences, hotels, and 
                motels).
                  (B) Exclusions.--The term ``solid waste incineration 
                unit'' does not include--
                          (i) an incinerator or other unit required to 
                        have a permit under section 3005 of the Solid 
                        Waste Disposal Act (42 U.S.C. 6925);
                          (ii) a materials recovery facility (including 
                        a primary or secondary smelter) that combusts 
                        waste for the primary purpose of recovering 
                        metal;
                          (iii) a qualifying small power production 
                        facility (as defined in section 3(17)(C) of the 
                        Federal Power Act (16 U.S.C. 796(17)(C)) or 
                        qualifying cogeneration facility (as defined in 
                        section 3(18)(B) of the Federal Power Act (16 
                        U.S.C. 796(18)(B)) that burns homogeneous waste 
                        (such as a unit that burns tires or used oil, 
                        but not including refuse-derived fuel) for the 
                        production of electric energy or in the case of 
                        a qualifying cogeneration facility that burns 
                        homogeneous waste for the production of 
                        electric energy and steam or forms of useful 
                        energy (such as heat) that are used for 
                        industrial, commercial, heating or cooling 
                        purposes; or
                          (iv) an air curtain incinerator, if the air 
                        curtain incinerator burns only wood waste, yard 
                        waste, and clean lumber and complies with 
                        opacity limitations established by the 
                        Administrator by regulation.
          (10) Unit.--The term ``unit'' means a solid waste 
        incineration unit.
  (b) New Source Performance Standards.--
          (1) In general.--The Administrator shall establish 
        performance standards and other requirements pursuant to this 
        section and section 211111 of this title for each category of 
        solid waste incineration units. The standards shall include 
        emission limitations and other requirements applicable to new 
        units and guidelines (under section 211111(d) of this title and 
        this section) and other requirements applicable to existing 
        units.
          (2) Emission standard.--
                  (A) Maximum degree of reduction in emissions.--
                Standards applicable to solid waste incineration units 
                promulgated under this section and section 211111 of 
                this title shall reflect the maximum degree of 
                reduction in emissions of air pollutants listed under 
                paragraph (4) that the Administrator, taking into 
                consideration the cost of achieving such emission 
                reduction, and any non-air-quality health and 
                environmental impacts and energy requirements, 
                determines is achievable for new units or existing 
                units in each category.
                  (B) Classes, types, and sizes of units.--The 
                Administrator may distinguish among classes, types 
                (including mass-burn, refuse-derived fuel, modular, and 
                other types of units), and sizes of units within a 
                category in establishing the standards.
                  (C) Stringency.--The degree of reduction in emissions 
                that is considered achievable for new units in a 
                category shall not be less stringent than the emission 
                control that is achieved in practice by the best 
                controlled similar unit, as determined by the 
                Administrator. Emission standards for existing units in 
                a category may be less stringent than standards for new 
                units in the same category but shall not be less 
                stringent than the average emission limitation achieved 
                by the best performing 12 percent of units in the 
                category (excluding units that first met lowest 
                achievable emission rates 18 months before the date on 
                which the emission standards are proposed or 30 months 
                before the date on which the emission standards are 
                promulgated, whichever is later).
          (3) Control methods and technologies.--Standards under this 
        section and section 211111 of this title applicable to solid 
        waste incineration units shall--
                  (A) be based on methods and technologies for removal 
                or destruction of pollutants before, during, or after 
                combustion; and
                  (B) incorporate for new units siting requirements 
                that minimize, on a site-specific basis, to the maximum 
                extent practicable, potential risks to public health or 
                the environment.
          (4) Numerical emission limitations.--
                  (A) In general.--The performance standards 
                promulgated under this section and section 211111 of 
                this title and applicable to solid waste incineration 
                units shall specify numerical emission limitations for 
                the following:
                          (i) particulate matter (total and fine);
                          (ii) opacity (as appropriate);
                          (iii) sulfur dioxide;
                          (iv) hydrogen chloride;
                          (v) nitrogen oxides;
                          (vi) carbon monoxide;
                          (vii) lead;
                          (viii) cadmium;
                          (ix) mercury; and
                          (x) dioxins and dibenzofurans.
                  (B) Surrogate substances.--The Administrator may 
                promulgate numerical emission limitations or provide 
                for the monitoring of postcombustion concentrations of 
                surrogate substances, parameters, or periods of 
                residence time in excess of stated temperatures with 
                respect to pollutants other than those listed in this 
                paragraph.
          (5) Review and revision.--Not later than 5 years after the 
        initial promulgation of any performance standards and other 
        requirements under this section and section 211111 of this 
        title applicable to a category of units, and at 5 year 
        intervals thereafter, the Administrator shall review, and in 
        accordance with this section and section 211111 of this title, 
        revise the standards and requirements.
  (c) Existing Units.--
          (1) Guidelines.--Performance standards under this section and 
        section 211111 of this title for units shall include guidelines 
        promulgated pursuant to this section and section 211111(d) of 
        this title applicable to existing units. The guidelines shall 
        include, as provided in this section, each of the elements 
        required by subsections (b) (notwithstanding any restriction in 
        section 211111(d) of this title regarding issuance of such 
        limitations), (d), (e), (f), and (h)(3).
          (2) State plans.--Not later than 1 year after the 
        Administrator promulgates guidelines for a category of units, a 
        State in which units in the category are operating shall submit 
        to the Administrator a plan to implement and enforce the 
        guidelines with respect to that category of units. The State 
        plan shall be at least as protective as the guidelines 
        promulgated by the Administrator and shall provide that each 
        unit subject to the guidelines shall be in compliance with all 
        requirements of this section not later than 3 years after the 
        State plan is approved by the Administrator but not later than 
        5 years after the guidelines are promulgated. The Administrator 
        shall approve or disapprove any State plan within 180 days of 
        the submission, and if a plan is disapproved, the Administrator 
        shall state the reasons for disapproval in writing. A State may 
        modify and resubmit a plan that has been disapproved by the 
        Administrator.
          (3) Federal plan.--The Administrator shall develop, 
        implement, and enforce a plan for existing units within any 
        category located in any State that has not submitted an 
        approvable plan under this subsection with respect to units in 
        that category within 2 years after the date on which the 
        Administrator promulgated the relevant guidelines. The plan 
        shall ensure that each unit subject to the plan is in 
        compliance with all provisions of the guidelines not later than 
        5 years after the date on which the relevant guidelines are 
        promulgated.
  (d) Monitoring.--
          (1) In general.--The Administrator shall, as part of each 
        performance standard promulgated pursuant to subsection (b) and 
        section 211111 of this title, promulgate regulations requiring 
        the owner or operator of each solid waste incineration unit--
                  (A) to monitor emissions from the unit at the point 
                at which the emissions are emitted into the ambient air 
                (or within the stack, combustion chamber, or pollution 
                control equipment, as appropriate) and at such other 
                points as are necessary to protect public health and 
                the environment;
                  (B) to monitor such other parameters relating to the 
                operation of the unit and its pollution control 
                technology as the Administrator determines are 
                appropriate; and
                  (C) to report the results of the monitoring.
          (2) Contents.--The regulations shall--
                  (A) contain provisions regarding the frequency of 
                monitoring, test methods, and procedures validated on 
                solid waste incineration units, and the form and 
                frequency of reports containing the results of 
                monitoring;
                  (B) require that any monitoring reports or test 
                results indicating an exceedance of any standard under 
                this section be reported separately and in a manner 
                that facilitates review for purposes of enforcement 
                actions; and
                  (C) require that copies of the results of the 
                monitoring be maintained on file at the facility 
                concerned and that copies be made available for 
                inspection and copying by members of the public during 
                business hours.
  (e) Operator Training.--The Administrator shall develop and promote a 
model State program for the training and certification of unit 
operators and high-capacity fossil fuel-fired plant operators. The 
Administrator may authorize any State to implement a model program for 
the training of unit operators and high-capacity fossil fuel-fired 
plant operators if the State adopts a program that is at least as 
effective as the model program developed by the Administrator. 
Beginning on the date 36 months after the date on which performance 
standards and guidelines are promulgated under subsection (b) and 
section 211111 of this title for any category of units, it shall be 
unlawful to operate any unit in the category unless each person with 
control over processes affecting emissions from the unit has 
satisfactorily completed a training program meeting the requirements 
established by the Administrator under this subsection.
  (f) Permits.--
          (1) In general.--Beginning on the later of--
                  (A) the date that is 36 months after the promulgation 
                of a performance standard under subsection (b) and 
                section 211111 of this title applicable to a category 
                of units; or
                  (B) the effective date of a permit program under 
                subdivision 6 in the State in which the unit is 
                located;
        each unit in the category shall operate pursuant to a permit 
        issued under this subsection and subdivision 6.
          (2) Renewal.--A permit required by this subsection may be 
        renewed under subdivision 6.
          (3) Duration.--Notwithstanding any other provision of this 
        division, a permit for a unit combusting municipal waste issued 
        under this division shall be issued for a period of up to 12 
        years and shall be reviewed every 5 years after date of 
        issuance or reissuance. A permit shall continue in effect after 
        the date of issuance until the date of termination, unless the 
        Administrator or State determines that the unit is not in 
        compliance with all standards and conditions contained in the 
        permit. Such a determination shall be made at regular intervals 
        of not more than 5 years during the term of the permit, after 
        public comment and public hearing.
          (4) Limitation.--No permit for a unit may be issued under 
        this division by an agency, instrumentality, or person that is 
        also responsible, in whole or part, for the design and 
        construction or operation of the unit.
          (5) Compliance with emission limitations or implementation of 
        other measures.--
                  (A) In general.--Notwithstanding any other provision 
                of this subsection, the Administrator or the State 
                shall require the owner or operator of any unit to 
                comply with emission limitations or implement any other 
                measures, if the Administrator or the State determines 
                that emissions in the absence of such limitations or 
                measures may reasonably be anticipated to endanger 
                public health or the environment.
                  (B) Discretionary decision.--The Administrator's 
                determination under subparagraph (A) is a discretionary 
                decision.
  (g) Effective Date and Enforcement.--
          (1) New units.--Performance standards and other requirements 
        promulgated pursuant to this section and section 211111 of this 
        title and applicable to new solid waste incineration units 
        shall be effective as of the date that is 6 months after the 
        date of promulgation.
          (2) Existing units.--Performance standards and other 
        requirements promulgated pursuant to this section and section 
        211111 of this title and applicable to existing units shall be 
        effective as expeditiously as practicable after approval of a 
        State plan under subsection (c)(2) (or promulgation of a plan 
        by the Administrator under subsection (c)(3)) but in no event 
        later than 3 years after the State plan is approved or 5 years 
        after the date on which the standards or requirements are 
        promulgated, whichever is earlier.
          (3) Prohibition.--It shall be unlawful for any owner or 
        operator of any solid waste incineration unit to which a 
        performance standard, emission limitation, or other requirement 
        promulgated pursuant to this section and section 211111 of this 
        title applies to operate the unit in violation of the 
        performance standard, emission limitation, or requirement or 
        for any other person to violate an applicable requirement of 
        this section.
          (4) Coordination with other authorities.--For purposes of 
        sections 203102, 203103, 203104, 211111(j), 211113, 211114, 
        211116, and 211119 of this title and other provisions for the 
        enforcement of this division, each performance standard, 
        emission limitation, or other requirement established pursuant 
        to this section by the Administrator or a State or local 
        government shall be treated in the same manner as a standard of 
        performance under section 211111 of this title that is an 
        emission limitation.
  (h) Other Authority.--
          (1) State authority.--Nothing in this section shall preclude 
        or deny the right of any State or political subdivision thereof 
        to adopt or enforce any regulation, requirement, limitation, or 
        standard relating to solid waste incineration units that is 
        more stringent than a regulation, requirement, limitation, or 
        standard in effect under this section or under any other 
        provision of this division.
          (2) Other authority under this division.--Nothing in this 
        section shall diminish the authority of the Administrator or a 
        State to establish any other requirements applicable to solid 
        waste incineration units under any other authority of law, 
        including the authority to establish for any air pollutant a 
        NAAQS, except that no solid waste incineration unit subject to 
        performance standards under this section and section 211111 of 
        this title shall be subject to standards under section 
        211112(d) of this title.
          (3) Residual risk.--
                  (A) In general.--The Administrator shall promulgate 
                standards under section 211112(f) of this title for a 
                category of solid waste incineration units, if 
                promulgation of such standards is required under 
                section 211112(f) of this title.
                  (B) Standards.--For purposes of subparagraph (A) 
                only--
                          (i) the performance standards under 
                        subsection (b) and section 211111 of this title 
                        applicable to a category of units shall be 
                        deemed to be standards under section 
                        211112(d)(2) of this title; and
                          (ii) the Administrator shall consider and 
                        regulate, if required, the pollutants listed 
                        under subsection (b)(4) and no others.
          (4) Acid rain.--A solid waste incineration unit shall not be 
        a utility unit as defined in subdivision 5 if more than 80 
        percent of its annual average fuel consumption measured on a 
        British thermal unit basis, during a period or periods to be 
        determined by the Administrator, is from a fuel (including any 
        waste burned as a fuel) other than a fossil fuel.
          (5) Requirements of chapters 213 and 215.--No requirement of 
        an applicable implementation plan under section 213107 or 
        215102(c)(5) of this title may be used to weaken the standards 
        in effect under this section.
Sec. 211129. Emission factors
  (a) Definition of Emission Factor.--In this section, the term 
``emission factor'' means a method by which to estimate the quantity of 
emissions of an air pollutant for purposes of this division.
  (b) Review and Revision of Emission Factors.--At least every 3 years, 
the Administrator shall review and, if necessary, revise, the emission 
factors for carbon monoxide, volatile organic compounds, and nitrogen 
oxides from sources of those air pollutants (including area sources and 
mobile sources).
  (c) Additional Emission Factors.--The Administrator shall establish 
emission factors for sources for which no emission factors have 
previously been established by the Administrator.
  (d) Emissions Estimating Techniques.--The Administrator shall permit 
any person to demonstrate improved emissions estimating techniques, and 
following approval of such techniques, the Administrator shall 
authorize the use of the techniques. Any such technique may be approved 
only after appropriate public participation.
Sec. 211130. Land use authority
  Nothing in this division--
          (1) constitutes an infringement on the authority of counties 
        and cities to plan or control land use; or
          (2) provides or transfers authority over land use.

  Chapter 213--Prevention of Significant Deterioration of Air Quality

Subchapter I--General Provisions
Sec.
213101. Purposes.
213102. Definitions.
213103. Plan requirements.
213104. Initial classifications.
213105. Increments and ceilings.
213106. Area redesignation.
213107. Preconstruction requirements.
213108. Other pollutants.
213109. Enforcement.
Subchapter II--Visibility Protection
213201. Visibility protection for mandatory class I Federal areas.
213202. Visibility.

                    Subchapter I--General Provisions

Sec. 213101. Purposes
  The purposes of this chapter are--
          (1) to protect public health and welfare from any actual or 
        potential adverse effect that in the Administrator's judgment 
        may reasonably be anticipated to occur from air pollution or 
        from exposures to pollutants in other media, which pollutants 
        originate as emissions to the ambient air, notwithstanding 
        attainment and maintenance of all NAAQSes;
          (2) to preserve, protect, and enhance the air quality in 
        national parks, national wilderness areas, national monuments, 
        national seashores, and other areas of special national or 
        regional natural, recreational, scenic, or historic value;
          (3) to ensure that economic growth will occur in a manner 
        consistent with the preservation of existing clean air 
        resources;
          (4) to ensure that emissions from any source in any State 
        will not interfere with any portion of the applicable 
        implementation plan to prevent significant deterioration of air 
        quality for any other State; and
          (5) to ensure that any decision to permit increased air 
        pollution in any area to which this chapter applies is made 
        only after careful evaluation of all the consequences of such a 
        decision and after adequate procedural opportunities for 
        informed public participation in the decisionmaking process.
Sec. 213102. Definitions
  In this chapter:
          (1) Baseline concentration.--
                  (A) In general.--The term ``baseline concentration'' 
                means, with respect to a pollutant, the ambient 
                concentration levels that exist at the time of the 1st 
                application for a permit in an area subject to this 
                chapter, based on air quality data available in EPA or 
                a State air pollution control agency and on such 
                monitoring data as the permit applicant is required to 
                submit.
                  (B) Projected emissions taken into account.--Ambient 
                concentration levels described in subparagraph (A) 
                shall take into account all projected emissions in, or 
                that may affect, the area from any major emitting 
                facility on which construction commenced prior to 
                January 6, 1975, but that had not begun operation by 
                the date of the baseline air quality concentration 
                determination.
                  (C) Sulfur oxides; particulate matter.--Emissions of 
                sulfur oxides and particulate matter from any major 
                emitting facility on which construction commences after 
                January 6, 1975, shall not be included in the baseline 
                and shall be counted against the maximum allowable 
                increases in pollutant concentrations established under 
                this chapter.
          (2) Best available control technology.--The term ``best 
        available control technology'' means an emission limitation 
        that--
                  (A) is based on the maximum degree of reduction of 
                each pollutant subject to regulation under this 
                division emitted from or that results from any major 
                emitting facility, which the permitting authority, on a 
                case-by-case basis, taking into account energy, 
                environmental, and economic impacts and other costs, 
                determines is achievable for the major emitting 
                facility through application of production processes 
                and available methods, systems, and techniques, 
                including fuel cleaning, clean fuels, or treatment or 
                innovative fuel combustion techniques for control of 
                each such pollutant;
                  (B) does not result in emissions of any pollutants 
                that will exceed the emissions allowed by any 
                applicable standard established pursuant to section 
                211111 or 211112 of this title; and
                  (C) does not allow emissions from any source 
                utilizing clean fuels, or any other means, to comply 
                with this paragraph to increase above levels that would 
                have been required under section 169(3) of the Clean 
                Air Act (42 U.S.C. 7479(3)) as in effect before 
                November 15, 1990.
          (3) Commence.--The term ``commence'', as applied to 
        construction of a major emitting facility, means to--
                  (A) obtain all necessary preconstruction approvals or 
                permits required by Federal, State, or local air 
                pollution emissions and air quality laws (including 
                regulations); and
                  (B)(i) begin, or cause to begin, a continuous program 
                of physical on-site construction of the major emitting 
                facility; or
                  (ii) enter into a binding agreement or contractual 
                obligation, which cannot be canceled or modified 
                without substantial loss to the owner or operator, to 
                undertake a program of construction of the major 
                emitting facility to be completed within a reasonable 
                time.
          (4) Construction.--The term ``construction'', when used in 
        connection with any source or facility, includes the 
        modification (as defined in section 211111(a) of this title) of 
        the source or facility.
          (5) Major emitting facility.--
                  (A) In general.--The term ``major emitting facility'' 
                means--
                          (i) any of the stationary sources of air 
                        pollutants identified in subparagraph (B) that 
                        emit, or have the potential to emit, 100 tons 
                        per year or more of any air pollutant from the 
                        types of stationary sources identified in 
                        subparagraph (B); and
                          (ii) any other source with the potential to 
                        emit 250 tons per year or more of any air 
                        pollutant.
                  (B) Identified stationary sources.--The stationary 
                sources referred to in subparagraph (A)(i) are--
                          (i) fossil fuel-fired steam electric plants 
                        of more than 250,000,000 British thermal units 
                        per hour heat input;
                          (ii) coal cleaning plants (thermal dryers);
                          (iii) kraft pulp mills;
                          (iv) Portland cement plants;
                          (v) primary zinc smelters;
                          (vi) iron and steel mill plants;
                          (vii) primary aluminum ore reduction plants;
                          (viii) primary copper smelters;
                          (ix) municipal incinerators capable of 
                        charging more than 50 tons of refuse per day;
                          (x) hydrofluoric, sulfuric, and nitric acid 
                        plants;
                          (xi) petroleum refineries;
                          (xii) lime plants;
                          (xiii) phosphate rock processing plants;
                          (xiv) coke oven batteries;
                          (xv) sulfur recovery plants;
                          (xvi) carbon black plants (furnace process);
                          (xvii) primary lead smelters;
                          (xviii) fuel conversion plants;
                          (xix) sintering plants;
                          (xx) secondary metal production facilities;
                          (xxi) chemical process plants;
                          (xxii) fossil-fuel boilers of more than 
                        250,000,000 British thermal units per hour heat 
                        input;
                          (xxiii) petroleum storage and transfer 
                        facilities with a capacity exceeding 300,000 
                        barrels;
                          (xxiv) taconite ore processing facilities;
                          (xxv) glass fiber processing plants; and
                          (xxvi) charcoal production facilities.
                  (C) Exclusions.--The term ``major emitting facility'' 
                does not include a new or modified facility that is a 
                nonprofit health or education institution that has been 
                exempted by a State.
          (6) Necessary preconstruction approvals or permits.--The term 
        ``necessary preconstruction approvals or permits'' means the 
        permits or approvals required by a permitting authority as a 
        precondition to undertaking any activity described in paragraph 
        (3)(B).
Sec. 213103. Plan requirements
  In accordance with the policy of section 211101(b)(1) of this title, 
each applicable implementation plan shall contain emission limitations 
and such other measures as may be necessary, as determined under 
regulations promulgated under this chapter, to prevent significant 
deterioration of air quality in each region (or portion thereof) 
designated pursuant to section 211107 of this title as attainment or 
unclassifiable.
Sec. 213104. Initial classifications
  (a) Areas Designated as Class I.--
          (1) Areas that may not be redesignated.--All--
                  (A) international parks;
                  (B) national wilderness areas that exceed 5,000 
                acres;
                  (C) national memorial parks that exceed 5,000 acres; 
                and
                  (D) national parks that exceed 6,000 acres;
        that were in existence on August 7, 1977, shall be class I 
        areas and may not be redesignated.
          (2) Areas that may be redesignated.--All areas that were 
        redesignated as class I under regulations promulgated before 
        August 7, 1977, shall be class I areas that may be redesignated 
        as provided in this chapter.
          (3) Boundary changes.--The extent of the areas designated as 
        class I under this section shall conform to any changes in the 
        boundaries of those areas that occur.
  (b) Areas Designated as Class II.--All areas in a State designated 
pursuant to section 211107(d) of this title as attainment or 
unclassifiable that are not established as class I under subsection (a) 
shall be class II areas unless redesignated under section 213106 of 
this title.
Sec. 213105. Increments and ceilings
  (a) Particulate Matter and Sulfur Oxide; Requirement That Maximum 
Allowable Increases and Maximum Allowable Concentrations Not Be 
Exceeded.--In the case of particulate matter and sulfur oxide, an 
applicable implementation plan shall contain measures ensuring that 
maximum allowable increases over baseline concentrations of, and 
maximum allowable concentrations of, particulate matter and sulfur 
oxide shall not be exceeded. In the case of any maximum allowable 
increase (except an allowable increase specified under section 
213107(d)(2)(C)(iii)(II) of this title) for a pollutant based on 
concentrations permitted under NAAQSes for any period other than an 
annual period, regulations shall permit such maximum allowable increase 
to be exceeded during 1 such period per year.
  (b) Maximum Allowable Increases in Concentrations Over Baseline 
Concentrations.--
          (1) Class i areas.--For any class I area, the maximum 
        allowable increase in concentrations of particulate matter and 
        sulfur oxide over the baseline concentration of those 
        pollutants shall not exceed the following amounts:

 
                                                             Maximum
                                                            allowable
                       Pollutant                           increase (in
                                                          micrograms per
                                                           cubic meter)
 
Particulate matter:
  Annual geometric mean................................                5
  Twenty-four-hour maximum.............................               10
Sulfur dioxide:
  Annual arithmetic mean...............................                2
  Twenty-four-hour maximum.............................                5
  Three-hour maximum...................................               25
 

          (2) Class ii areas.--For any class II area, the maximum 
        allowable increase in concentrations of particulate matter and 
        sulfur oxide over the baseline concentration of those 
        pollutants shall not exceed the following amounts:

 
                                                             Maximum
                                                            allowable
                       Pollutant                           increase (in
                                                          micrograms per
                                                           cubic meter)
 
Particulate matter:
  Annual geometric mean................................               19
  Twenty-four-hour maximum.............................               37
Sulfur dioxide:........................................
  Annual arithmetic mean...............................               20
  Twenty-four-hour maximum.............................               91
  Three-hour maximum...................................              512
 

          (3) Class iii areas.--For any class III area, the maximum 
        allowable increase in concentrations of particulate matter and 
        sulfur oxide over the baseline concentration of those 
        pollutants shall not exceed the following amounts:

 
                                                             Maximum
                                                            allowable
                       Pollutant                           increase (in
                                                          micrograms per
                                                           cubic meter)
 
Particulate matter:
  Annual geometric mean................................               37
  Twenty-four-hour maximum.............................               75
Sulfur dioxide:........................................
  Annual arithmetic mean...............................               40
  Twenty-four-hour maximum.............................              182
  Three-hour maximum...................................              700
 

          (4) Any area to which this chapter applies.--The maximum 
        allowable concentration of any air pollutant in any area to 
        which this chapter applies shall not exceed a concentration for 
        that pollutant for each period of exposure equal to--
                  (A) the concentration permitted under the secondary 
                NAAQS; or
                  (B) the concentration permitted under the primary 
                NAAQS;
        whichever concentration is lower for the pollutant for that 
        period of exposure.
  (c) Orders or Regulations for Determining Compliance With Maximum 
Allowable Increases in Ambient Concentrations of Air Pollutants.--
          (1) Concentrations of certain pollutants not taken into 
        account.--In the case of any State that has a plan approved by 
        the Administrator for purposes of carrying out this chapter, 
        the Governor of the State may, after notice and opportunity for 
        public hearing, issue orders or promulgate regulations 
        providing that for purposes of determining compliance with the 
        maximum allowable increases in ambient concentrations of an air 
        pollutant, the following concentrations of the pollutant shall 
        not be taken into account:
                  (A) Concentrations of the pollutant attributable to 
                the increase in emissions from stationary sources that 
                have converted from the use of petroleum products, or 
                natural gas, or both, by reason of an order that is in 
                effect under subsections (a) and (b) of section 2 of 
                the Energy Supply and Environmental Coordination Act of 
                1974 (15 U.S.C. 792) (or any subsequent legislation 
                that supersedes those subsections) over the emissions 
                from those stationary sources before the effective date 
                of the order.
                  (B) Concentrations of the pollutant attributable to 
                the increase in emissions from stationary sources that 
                have converted from using natural gas by reason of a 
                natural gas curtailment pursuant to a natural gas 
                curtailment plan in effect pursuant to the Federal 
                Power Act (16 U.S.C. 791a et seq.) over the emissions 
                from those stationary sources before the effective date 
                of the plan.
                  (C) Concentrations of particulate matter attributable 
                to the increase in emissions from construction or other 
                temporary emission-related activities.
                  (D) The increase in concentrations attributable to 
                new sources outside the United States over the 
                concentrations attributable to existing sources that 
                are included in the baseline concentration.
          (2) Time period.--No action taken with respect to a source 
        under subparagraph (A) or (B) of paragraph (1) shall apply more 
        than 5 years after the effective date of an order described in 
        paragraph (1)(A) or the plan described to in paragraph (1)(B), 
        whichever is applicable. If both such an order and such a plan 
        are applicable, no such action shall apply more than 5 years 
        after the later of the effective dates.
          (3) Submission to the administrator.--No action under this 
        subsection shall take effect unless the Governor submits the 
        order or regulation providing for an exclusion to the 
        Administrator and the Administrator determines that the order 
        or regulation is in compliance with this subsection.
Sec. 213106. Area redesignation
  (a) Authority of States To Redesignate Areas.--
          (1) Class i.--Except as otherwise provided under subsection 
        (c), a State may redesignate such areas as the State considers 
        appropriate as class I areas.
          (2) Class i or class ii.--
                  (A) In general.--The following areas may be 
                redesignated only as class I or class II:
                          (i) An area that exceeds 10,000 acres and is 
                        a national monument, national primitive area, 
                        national preserve, national recreation area, 
                        national wild and scenic river, national 
                        wildlife refuge, national lakeshore, or 
                        national seashore.
                          (ii) A national park or national wilderness 
                        area established after August 7, 1977, that 
                        exceeds 10,000 acres.
                  (B) Extent of areas.--The extent of the areas 
                described in clauses (i) and (ii) of subparagraph (A) 
                shall conform to any changes in the boundaries of those 
                areas that occur.
          (3) Class iii.--
                  (A) in general.--Any area (other than an area 
                described in clause (i) or (ii) of paragraph (2)(A) or 
                an area established as class I under section 
                213104(a)(1) of this title) may be redesignated by a 
                State as class III if--
                          (i)(I) the redesignation has been 
                        specifically approved by the Governor of the 
                        State, after consultation with the appropriate 
                        committees of the legislature if it is in 
                        session or with the leadership of the 
                        legislature if it is not in session (unless 
                        State law provides that such redesignation must 
                        be specifically approved by State legislation); 
                        and
                          (II) general purpose units of local 
                        government representing a majority of the 
                        residents of the area to be redesignated enact 
                        legislation (including for such units of local 
                        government resolutions where appropriate) 
                        concurring in the State's redesignation;
                          (ii) the redesignation will not cause, or 
                        contribute to, concentrations of any air 
                        pollutant that exceed any maximum allowable 
                        increase or maximum allowable concentration 
                        permitted under the classification of any other 
                        area; and
                          (iii) the redesignation otherwise meets the 
                        requirements of this chapter.
                  (B) Indian tribes.--Subparagraph (A)(i)(I) does not 
                apply to area redesignations by an Indian tribe.
  (b) Procedure.--
          (1) Notice and hearing; notice to federal land manager; 
        written comments and recommendations; regulations; disapproval 
        of redesignation.--
                  (A) Notice of hearing.--Prior to redesignation of any 
                area under this chapter, notice shall be afforded and 
                public hearings shall be conducted in areas proposed to 
                be redesignated and in areas that may be affected by 
                the proposed redesignation. Prior to any such public 
                hearing, a satisfactory description and analysis of the 
                health, environmental, economic, social, and energy 
                effects of the proposed redesignation shall be prepared 
                and made available for public inspection, and prior to 
                any such redesignation, the description and analysis of 
                those effects shall be reviewed and examined by the 
                redesignating authorities.
                  (B) Federal land managers.--Prior to the issuance of 
                notice under subparagraph (A) respecting the 
                redesignation of any area under this subsection, if the 
                area includes any Federal land, the State shall provide 
                written notice to the appropriate Federal land manager 
                and afford adequate opportunity (but not in excess of 
                60 days) to confer with the State respecting the 
                intended notice of redesignation and to submit written 
                comments and recommendations with respect to the 
                intended notice of redesignation. In redesignating any 
                area under this section with respect to which a Federal 
                land manager has submitted written comments and 
                recommendations, the State shall publish a list of any 
                inconsistency between the redesignation and the 
                recommendations and an explanation of the inconsistency 
                (including the reasons for making the redesignation 
                against the recommendation of the Federal land 
                manager).
                  (C) Regulations.--The Administrator shall promulgate 
                regulations to ensure, insofar as practicable, that 
                prior to any public hearing on redesignation of any 
                area, there shall be available for public inspection 
                any specific plans for any new or modified major 
                emitting facility that may be permitted to be 
                constructed and operated only if the area is designated 
                or redesignated as class III.
          (2) Disapproval of redesignation.--The Administrator may 
        disapprove the redesignation of any area only if the 
        Administrator finds, after notice and opportunity for public 
        hearing, that the redesignation does not meet the procedural 
        requirements of this section or is inconsistent with the 
        requirements of section 213104(a) of this title or of 
        subsection (a). If any such disapproval occurs, the 
        classification of the area shall be that which was in effect 
        prior to the redesignation that was disapproved.
  (c) Indian Reservations.--Land within the exterior boundaries of a 
reservation of a federally recognized Indian tribe may be redesignated 
only by the appropriate Indian governing body.
  (d) Resolution of Disputes Between States and Indian Tribes.--
          (1) Negotiations.--If any State affected by the redesignation 
        of an area by an Indian tribe or any Indian tribe affected by 
        the redesignation of an area by a State disagrees with the 
        redesignation of any area, or if a permit is proposed to be 
        issued for any new major emitting facility proposed for 
        construction in any State that the Governor of an affected 
        State or governing body of an affected Indian tribe determines 
        will cause or contribute to a cumulative change in air quality 
        in excess of that allowed in this subchapter within the 
        affected State or tribal reservation, the Governor or Indian 
        governing body may request the Administrator to enter into 
        negotiations with the parties involved to resolve the dispute.
          (2) Recommendations.--If requested by any State or Indian 
        tribe involved, the Administrator shall make a recommendation 
        to resolve the dispute and protect the air quality related 
        values of the land involved.
          (3) Failure to reach agreement.--If the parties involved do 
        not reach agreement, the Administrator shall resolve the 
        dispute and the Administrator's determination, or the results 
        of agreements reached through other means, shall become part of 
        the applicable plan and shall be enforceable as part of the 
        plan. In resolving such disputes relating to area 
        redesignation, the Administrator shall consider the extent to 
        which the land involved is of sufficient size to allow 
        effective air quality management or have air quality-related 
        values of such an area.
Sec. 213107. Preconstruction requirements
  (a) Major Emitting Facilities on Which Construction Is Commenced.--No 
major emitting facility may be constructed in any area to which this 
chapter applies unless--
          (1) a permit is issued for the proposed major emitting 
        facility in accordance with this chapter setting forth emission 
        limitations for the major emitting facility that conform to the 
        requirements of this chapter;
          (2)(A) the proposed permit is subjected to a review in 
        accordance with this section;
          (B) the required analysis is conducted in accordance with 
        regulations promulgated by the Administrator; and
          (C) a public hearing is held with opportunity for interested 
        persons including representatives of the Administrator to 
        appear and submit written or oral presentations on--
                          (i) the air quality impact of the source;
                          (ii) alternatives thereto;
                          (iii) control technology requirements; and
                          (iv) other appropriate considerations;
          (3) the owner or operator of the major emitting facility 
        demonstrates, as required pursuant to section 211110(h) of this 
        title, that emissions from construction or operation of the 
        major emitting facility will not cause, or contribute to, air 
        pollution in excess of--
                  (A) any maximum allowable increase or maximum 
                allowable concentration for any pollutant in any area 
                to which this chapter applies more than 1 time per 
                year;
                  (B) any NAAQS in any air quality control region; or
                  (C) any other applicable emission standard or 
                standard of performance under this division;
          (4) the proposed major emitting facility is subject to the 
        best available control technology for each pollutant subject to 
        regulation under this division emitted from, or that results 
        from, the major emitting facility;
          (5) the provisions of subsection (d) with respect to 
        protection of class I areas are complied with for the major 
        emitting facility;
          (6) there is an analysis of any air quality impacts projected 
        for the area as a result of growth associated with the major 
        emitting facility;
          (7) the person that owns or operates, or proposes to own or 
        operate, a major emitting facility for which a permit is 
        required under this chapter agrees to conduct such monitoring 
        as may be necessary to determine the effect that emissions from 
        any such major emitting facility may have, or is having, on air 
        quality in any area that may be affected by emissions from the 
        source; and
          (8) in the case of a source that proposes to construct in a 
        class III area, emissions from which would cause or contribute 
        to exceeding the maximum allowable increments applicable in a 
        class II area and where no standard under section 211111 of 
        this title has been promulgated subsequent to August 7, 1977, 
        for that source category, the Administrator has approved the 
        determination of best available technology as set forth in the 
        permit.
  (b) Exception.--The demonstration pertaining to maximum allowable 
increases required under subsection (a)(3) shall not apply to maximum 
allowable increases for class II areas in the case of an expansion or 
modification of a major emitting facility that was in existence on 
August 7, 1977, whose allowable emissions of air pollutants, after 
compliance with subsection (a)(4), will be less than 50 tons per year 
and for which the owner or operator of the major emitting facility 
demonstrates that emissions of particulate matter and sulfur oxides 
will not cause or contribute to ambient air quality levels in excess of 
the secondary NAAQS for particulate matter or sulfur oxides.
  (c) Permit Applications.--Any completed permit application under 
section 211110 of this title for a major emitting facility in any area 
to which this chapter applies shall be granted or denied not later than 
1 year after the date of filing of the completed application.
  (d) Action Taken on Permit Applications; Notice; Adverse Impact on 
Air Quality Related Values; Variance; Emission Limitations.--
          (1) Transmittal of copy of permit application to 
        administrator; notice of action.--Each State shall--
                  (A) transmit to the Administrator a copy of each 
                permit application relating to a major emitting 
                facility received by the State; and
                  (B) provide notice to the Administrator of every 
                action related to the consideration of the permit.
          (2) Federal land manager; federal official charged with 
        responsibility.--
                  (A) Notice.--The Administrator shall provide notice 
                of the permit application to the Federal land manager 
                and the Federal official charged with direct 
                responsibility for management of any land within a 
                class I area that may be affected by emissions from the 
                proposed major emitting facility.
                  (B) Responsibility.--The Federal land manager and the 
                Federal official charged with direct responsibility for 
                management of land within a class I area that may be 
                affected by emissions from the proposed major emitting 
                facility shall have an affirmative responsibility to 
                protect the air quality-related values (including 
                visibility) of any such land within a class I area and 
                to consider, in consultation with the Administrator, 
                whether a proposed major emitting facility will have an 
                adverse impact on those values.
                  (C) Change in air quality; adverse impact on air 
                quality-related values; no adverse impact.--
                          (i) Change in air quality.--In any case where 
                        the Federal official charged with direct 
                        responsibility for management of any land 
                        within a class I area or the Federal land 
                        manager of the land, the Administrator, or the 
                        Governor of an adjacent State containing a 
                        class I area files a notice alleging that 
                        emissions from a proposed major emitting 
                        facility may cause or contribute to a change in 
                        the air quality in the area and identifying the 
                        potential adverse impact of the change, a 
                        permit shall not be issued unless the owner or 
                        operator of the major emitting facility 
                        demonstrates that emissions of particulate 
                        matter and sulfur dioxide will not cause or 
                        contribute to concentrations that exceed the 
                        maximum allowable increases for a class I area.
                          (ii) Adverse impact on the air quality-
                        related values.--In any case where the Federal 
                        land manager demonstrates to the satisfaction 
                        of the State that the emissions from the major 
                        emitting facility will have an adverse impact 
                        on the air quality-related values (including 
                        visibility) of the land, notwithstanding the 
                        fact that the change in air quality resulting 
                        from emissions from the major emitting facility 
                        will not cause or contribute to concentrations 
                        that exceed the maximum allowable increases for 
                        a class I area, a permit shall not be issued.
                          (iii) No adverse impact on air quality-
                        related values.--
                                  (I) In general.--In any case where 
                                the owner or operator of the major 
                                emitting facility demonstrates to the 
                                satisfaction of the Federal land 
                                manager, and the Federal land manager 
                                so certifies, that the emissions from 
                                the major emitting facility will have 
                                no adverse impact on the air quality-
                                related values of the land (including 
                                visibility), notwithstanding the fact 
                                that the change in air quality 
                                resulting from emissions from the major 
                                emitting facility will cause or 
                                contribute to concentrations that 
                                exceed the maximum allowable increases 
                                for class I areas, the State may issue 
                                a permit.
                                  (II) Compliance with emission 
                                limitations.--In the case of a permit 
                                issued pursuant to subclause (I), the 
                                major emitting facility shall comply 
                                with such emission limitations under 
                                the permit as may be necessary to 
                                ensure that emissions of particulate 
                                matter and sulfur oxides from the major 
                                emitting facility will not cause or 
                                contribute to concentrations of 
                                particulate matter or sulfur oxides 
                                that exceed the following maximum 
                                allowable increases over the baseline 
                                concentration for particulate matter 
                                and sulfur oxides:

 
                                                             Maximum
                                                            allowable
                                                           increase (in
                                                          micrograms per
                                                           cubic meter)
 
Particulate matter:
  Annual geometric mean................................               19
  Twenty-four-hour maximum.............................               37
Sulfur dioxide:
  Annual arithmetic mean...............................               20
  Twenty-four-hour maximum.............................               91
  Three-hour maximum...................................              325
 

                  (D) Variance.--
                          (i) In general.--In any case where the owner 
                        or operator of a proposed major emitting 
                        facility that has been denied a permit under 
                        subparagraph (C)(iii)(I) demonstrates to the 
                        satisfaction of the Governor, after notice and 
                        public hearing, and the Governor finds, that 
                        the facility cannot be constructed by reason of 
                        any maximum allowable increase for sulfur 
                        dioxide for periods of 24 hours or less 
                        applicable to any class I area and, in the case 
                        of Federal mandatory class I areas, that a 
                        variance under this clause will not adversely 
                        affect the air quality related values of the 
                        area (including visibility), the Governor, 
                        after consideration of the Federal land 
                        manager's recommendation (if any) and subject 
                        to the concurrence of the Federal land manager, 
                        may grant a variance from the maximum allowable 
                        increase. If a variance is granted, a permit 
                        may be issued to the source pursuant to the 
                        requirements of this subparagraph.
                          (ii) No concurrence.--In any case in which a 
                        Governor recommends a variance under this 
                        subparagraph in which the Federal land manager 
                        does not concur, the recommendations of the 
                        Governor and the Federal land manager shall be 
                        transmitted to the President. The President may 
                        approve the Governor's recommendation if the 
                        President finds that the variance is in the 
                        national interest. No Presidential finding 
                        shall be reviewable in any court. The variance 
                        shall take effect if the President approves the 
                        Governor's recommendations. The President shall 
                        approve or disapprove the recommendation within 
                        90 days after receipt by the President of the 
                        recommendations of the Governor and the Federal 
                        land manager.
                          (iii) Compliance with emission limitations.--
                                  (I) Definitions.--
                                          (aa) High terrain area.--In 
                                        this clause, the term ``high 
                                        terrain area'', with respect to 
                                        any major emitting facility, 
                                        means any area having an 
                                        elevation of 900 feet or more 
                                        above the base of the stack of 
                                        the major emitting facility.
                                          (bb) Low terrain area.--The 
                                        term ``low terrain area'' means 
                                        any area other than a high 
                                        terrain area.
                                  (II) Compliance.--In the case of a 
                                permit issued pursuant to this 
                                subparagraph, the major emitting 
                                facility shall comply with such 
                                emission limitations under the permit 
                                as may be necessary to ensure that 
                                emissions of sulfur oxides from the 
                                major emitting facility will not 
                                (during any day on which the otherwise 
                                applicable maximum allowable increases 
                                are exceeded) cause or contribute to 
                                concentrations that exceed the 
                                following maximum allowable increases 
                                for such areas over the baseline 
                                concentration for sulfur oxides and to 
                                ensure that the emissions will not 
                                cause or contribute to concentrations 
                                that exceed the otherwise applicable 
                                maximum allowable increases for periods 
                                of exposure of 24 hours or less on more 
                                than 18 days during any annual period:

                       MAXIMUM ALLOWABLE INCREASE
                     (In micrograms per cubic meter)
------------------------------------------------------------------------
                                                    Low          High
              Period of exposure                  terrain      terrain
                                                   areas        areas
------------------------------------------------------------------------
24-hr maximum.................................           36           62
3-hr maximum..................................          130          221
------------------------------------------------------------------------

  (e) Analysis.--
          (1) In general.--The review provided for in subsection (a) 
        shall be preceded by an analysis of the ambient air quality at 
        the proposed site and in areas that may be affected by 
        emissions from the major emitting facility for each pollutant 
        subject to regulation under this division that will be emitted 
        from the major emitting facility. The review shall be conducted 
        in accordance with regulations of the Administrator, 
        promulgated under this subsection, and may be conducted by the 
        State, any general purpose unit of local government, or the 
        major emitting facility applying for a permit.
          (2) Continuous air quality monitoring.--The analysis required 
        by this subsection shall include continuous air quality 
        monitoring data gathered for purposes of determining whether 
        emissions from the major emitting facility will exceed the 
        maximum allowable increases or the maximum allowable 
        concentration permitted under this chapter. The data shall be 
        gathered over a period of 1 calendar year preceding the date of 
        application for a permit under this chapter unless the State, 
        in accordance with regulations promulgated by the 
        Administrator, determines that a complete and adequate analysis 
        for such purposes may be accomplished in a shorter period. The 
        results of the analysis shall be available at the time of the 
        public hearing on the application for the permit.
          (3) Regulations.--
                  (A) In general.--The Administrator shall promulgate 
                regulations respecting the analysis required under this 
                subsection.
                  (B) Contents.--The regulations--
                          (i) shall not require the use of any 
                        automatic or uniform buffer zone or zones;
                          (ii) shall require an analysis of--
                                  (I) the ambient air quality, climate 
                                and meteorology, terrain, soils and 
                                vegetation, and visibility at the site 
                                of the proposed major emitting facility 
                                and in the area potentially affected by 
                                the emissions from the major emitting 
                                facility for each pollutant regulated 
                                under this division that will be 
                                emitted from, or that results from the 
                                construction or operation of, the major 
                                emitting facility;
                                  (II) the size and nature of the 
                                proposed major emitting facility;
                                  (III) the degree of continuous 
                                emission reduction that could be 
                                achieved by the major emitting 
                                facility; and
                                  (IV) such other factors as may be 
                                relevant in determining the effect of 
                                emissions from a proposed major 
                                emitting facility on any air quality 
                                control region;
                          (iii) shall require that the results of the 
                        analysis be available at the time of the public 
                        hearing on the application for the permit; and
                          (iv) shall specify with reasonable 
                        particularity each air quality model to be used 
                        under specified sets of conditions for purposes 
                        of this chapter.
          (4) Adjustment of models.--Any model or models designated 
        under the regulations may be adjusted based on a determination, 
        after notice and opportunity for public hearing, by the 
        Administrator that an adjustment is necessary to take into 
        account unique terrain or meteorological characteristics of an 
        area potentially affected by emissions from a source applying 
        for a permit required under this chapter.
Sec. 213108. Other pollutants
  (a) Hydrocarbons, Carbon Monoxide, Petrochemical Oxidants, and 
Nitrogen Oxides.--In the case of the pollutants hydrocarbons, carbon 
monoxide, photochemical oxidants, and nitrogen oxides, the 
Administrator shall conduct a study and promulgate regulations to 
prevent the significant deterioration of air quality that would result 
from the emissions of those pollutants. In the case of pollutants for 
which NAAQSes are promulgated after August 7, 1977, the Administrator 
shall promulgate such regulations not more than 2 years after the date 
of promulgation of the NAAQSes.
  (b) Effective Date of Regulations.--Regulations under subsection (a) 
shall become effective 1 year after the date of promulgation.
  (c) State Implementation Plan Provisions.--A State implementation 
plan shall contain provisions to conform the regulations under 
subsection (a), which provisions shall be submitted to the 
Administrator, who shall approve or disapprove the provisions within 25 
months after the date of promulgation of the regulations in the same 
manner as is required under section 211110 of this title.
  (d) Contents of Regulations.--The regulations shall--
          (1) provide--
                  (A) specific numerical measures against which permit 
                applications may be evaluated;
                  (B) a framework for stimulating improved control 
                technology; and
                  (C) protection of air quality values; and
          (2) fulfill the goals and purposes set forth in sections 
        211101 and 213101 of this title.
  (e) Specific Measures To Fulfill Goals and Purposes.--The 
regulations--
          (1) shall provide specific measures at least as effective as 
        the increments established in section 213105 of this title to 
        fulfill the goals and purposes set forth in sections 211101 and 
        213101 of this title; and
          (2) may contain air quality increments, emission density 
        requirements, or other measures.
  (f) Area Classification Plan Not Required.--
          (1) In general.--With respect to any air pollutant (other 
        than a sulfur oxide or particulate matter) for which a NAAQS is 
        established, an area classification plan shall not be required 
        under this section if the implementation plan adopted by the 
        State and submitted for the Administrator's approval or 
        promulgated by the Administrator under section 211110(c) of 
        this title contains other provisions that, when considered as a 
        whole, the Administrator finds will carry out the purposes of 
        section 213101 of this title at least as effectively as an area 
        classification plan for that pollutant.
          (2) Maximum allowable increases.--The other provisions 
        described in paragraph (1) need not require the establishment 
        of maximum allowable increases with respect to a pollutant for 
        any area to which this section applies.
  (g) PM-10 Increments.--
          (1) In general.--The Administrator may substitute, for the 
        maximum allowable increases in particulate matter specified in 
        sections 213105(b) and 213107(d)(2)(C)(iii)(II) of this title, 
        maximum allowable increases in particulate matter with an 
        aerodynamic diameter smaller than or equal to 10 micrometers.
          (2) Stringency.--Such substituted maximum allowable increases 
        shall be of equal stringency in effect as those specified in 
        the provisions for which they are substituted.
Sec. 213109. Enforcement
  The Administrator shall, and a State may, take such measures, 
including issuance of an order or seeking injunctive relief, as are 
necessary to prevent the construction or modification of a major 
emitting facility that--
          (1) does not conform to the requirements of this chapter; or
          (2)(A) is proposed to be constructed in any area designated 
        pursuant to section 211107(d) of this title as attainment or 
        unclassifiable; and
          (B) is not subject to an implementation plan that meets the 
        requirements of this chapter.

                  Subchapter II--Visibility Protection

Sec. 213201. Visibility protection for mandatory class I Federal areas
  (a) Definitions.--In this section:
          (1) As expeditiously as practicable.--The term ``as 
        expeditiously as practicable'' means as expeditiously as 
        practicable but in no event later than 5 years after the date 
        of approval of a plan revision under this section (or the date 
        of promulgation of such a plan revision in the case of action 
        by the Administrator under section 211110(c) of this title for 
        purposes of this section).
          (2) Best available retrofit technology.--The term ``best 
        available retrofit technology'', with respect to a source, 
        means retrofit technology that a State (or the Administrator in 
        determining emission limitations that reflect such technology) 
        determines is the best available after taking into 
        consideration--
                  (A) the costs of compliance;
                  (B) the energy and non-air-quality environmental 
                impacts of compliance;
                  (C) any existing pollution control technology in use 
                at the source;
                  (D) the remaining useful life of the source; and
                  (E) the degree of improvement in visibility that may 
                reasonably be anticipated to result from the use of the 
                technology.
          (3) Impairment of visibility.--The term ``impairment of 
        visibility'' includes reduction in visual range and atmospheric 
        discoloration.
          (4) Major stationary source.--The term ``major stationary 
        source'' means the following types of stationary sources with 
        the potential to emit 250 tons or more of any pollutant:
                  (A) Fossil fuel-fired steam electric plants of more 
                than 250,000,000 British thermal units per hour heat 
                input.
                  (B) Coal cleaning plants (thermal dryers).
                  (C) Kraft pulp mills.
                  (D) Portland cement plants.
                  (E) Primary zinc smelters.
                  (F) Iron and steel mill plants.
                  (G) Primary aluminum ore reduction plants.
                  (H) Primary copper smelters.
                  (I) Municipal incinerators capable of charging more 
                than 250 tons of refuse per day.
                  (J) Hydrofluoric, sulfuric, and nitric acid plants.
                  (K) Petroleum refineries.
                  (L) Lime plants.
                  (M) Phosphate rock processing plants.
                  (N) Coke oven batteries.
                  (O) Sulfur recovery plants.
                  (P) Carbon black plants (furnace process).
                  (Q) Primary lead smelters.
                  (R) Fuel conversion plants.
                  (S) Sintering plants.
                  (T) Secondary metal production facilities.
                  (U) Chemical process plants.
                  (V) Fossil-fuel boilers of more than 250,000,000 
                British thermal units per hour heat input.
                  (W) Petroleum storage and transfer facilities with a 
                capacity exceeding 300,000 barrels.
                  (X) Taconite ore processing facilities.
                  (Y) Glass fiber processing plants.
                  (Z) Charcoal production facilities.
          (5) Mandatory class i federal area.--The term ``mandatory 
        class I Federal area'' means a Federal area that may not be 
        designated as other than class I under this chapter.
          (6) Manmade air pollution.--The term ``manmade air 
        pollution'' means air pollution that results directly or 
        indirectly from human activity.
          (7) Reasonable progress.--The term ``reasonable progress'', 
        with respect to a source, means progress that is determined to 
        be reasonable after taking into consideration--
                  (A) the costs of compliance;
                  (B) the time necessary for compliance;
                  (C) the energy and non-air-quality environmental 
                impacts of compliance; and
                  (D) the remaining useful life of the source.
  (b) Prevention of Future and Remedying of Existing Impairment of 
Visibility.--
          (1) National goal.--Congress declares as a national goal the 
        prevention of any future impairment of visibility, and the 
        remedying of any existing impairment of visibility, in 
        mandatory class I Federal areas that results from manmade air 
        pollution.
          (2) Identification of areas where visibility is an important 
        value.--The Secretary of the Interior, in consultation with 
        other Federal land managers, shall review all mandatory class I 
        Federal areas and identify those where visibility is an 
        important value of the area. From time to time the Secretary of 
        the Interior may revise the identifications. The Administrator 
        shall, after consultation with the Secretary of the Interior, 
        promulgate a list of mandatory class I Federal areas in which 
        the Secretary of the Interior determines that visibility is an 
        important value.
          (3) Report.--
                  (A) In general.--The Administrator shall complete a 
                study and report to Congress on available methods for 
                implementing the national goal set forth in paragraph 
                (1).
                  (B) Contents of report.--The report shall--
                          (i) include recommendations for--
                                  (I) methods for identifying, 
                                characterizing, determining, 
                                quantifying, and measuring impairment 
                                of visibility in mandatory class I 
                                Federal areas;
                                  (II) modeling techniques (or other 
                                methods) for determining the extent to 
                                which manmade air pollution may 
                                reasonably be anticipated to cause or 
                                contribute to impairment of visibility; 
                                and
                                  (III) methods for preventing and 
                                remedying such manmade air pollution 
                                and resulting impairment of visibility; 
                                and
                          (ii) identify the classes or categories of 
                        sources and the types of air pollutants that, 
                        alone or in conjunction with other sources or 
                        pollutants, may reasonably be anticipated to 
                        cause or contribute significantly to impairment 
                        of visibility.
  (c) Regulations.--
          (1) In general.--After notice and public hearing, the 
        Administrator shall promulgate regulations to ensure--
                  (A) reasonable progress toward meeting the national 
                goal specified in subsection (b)(1); and
                  (B) compliance with the requirements of this section.
          (2) Contents.--Regulations under paragraph (1) shall--
                  (A) provide guidelines to the States, taking into 
                account the recommendations under subsection (b)(3) on 
                appropriate techniques and methods for implementing 
                this section (as provided in subclauses (I) through 
                (III) of subsection (b)(3)(B)(i)); and
                  (B) require each applicable implementation plan for a 
                State in which any area listed by the Administrator 
                under subsection (b)(2) is located (or for a State the 
                emissions from which may reasonably be anticipated to 
                cause or contribute to any impairment of visibility in 
                any mandatory class I Federal area) to contain such 
                emission limitations, schedules of compliance, and 
                other measures as may be necessary to make reasonable 
                progress toward meeting the national goal specified in 
                subsection (b)(1), including--
                          (i) except as otherwise provided pursuant to 
                        subsection (d), a requirement that each major 
                        stationary source that was in existence on 
                        August 7, 1977, but which had not been in 
                        operation for more than 15 years as of that 
                        date, and which, as determined by the State (or 
                        the Administrator in the case of a plan 
                        promulgated under section 211110(c) of this 
                        title) emits any air pollutant that may 
                        reasonably be anticipated to cause or 
                        contribute to any impairment of visibility in 
                        any mandatory class I Federal area, shall 
                        procure, install, and operate, as expeditiously 
                        as practicable (and maintain thereafter) the 
                        best available retrofit technology, as 
                        determined by the State (or the Administrator 
                        in the case of a plan promulgated under section 
                        211110(c) of this title) for controlling 
                        emissions from the source for the purpose of 
                        eliminating or reducing any impairment of 
                        visibility; and
                          (ii) a long-term (10- to 15-year) strategy 
                        for making reasonable progress toward meeting 
                        the national goal specified in subsection 
                        (b)(1).
          (3) Certain fossil fuel-fired generating powerplants.--In the 
        case of a fossil fuel-fired generating powerplant having a 
        total generating capacity in excess of 750 megawatts, the 
        emission limitations required under this subsection shall be 
        determined pursuant to guidelines promulgated by the 
        Administrator under paragraph (2)(A).
  (d) Exemptions.--
          (1) In general.--The Administrator may, by regulation, after 
        notice and opportunity for public hearing, exempt any major 
        stationary source from the requirement of subsection 
        (c)(2)(B)(i), on a determination by the Administrator that the 
        source does not or will not, by itself or in combination with 
        other sources, emit any air pollutant that may reasonably be 
        anticipated to cause or contribute to a significant impairment 
        of visibility in any mandatory class I Federal area.
          (2) Certain fossil fuel-fired powerplants.--Paragraph (1) 
        does not apply to any fossil fuel-fired powerplant with total 
        design capacity of 750 megawatts or more unless the owner or 
        operator of the powerplant demonstrates to the satisfaction of 
        the Administrator that the powerplant is located at such a 
        distance from all mandatory class I Federal areas listed by the 
        Administrator under subsection (b)(2) that the powerplant does 
        not or will not, by itself or in combination with other 
        sources, emit any air pollutant that may reasonably be 
        anticipated to cause or contribute to significant impairment of 
        visibility in any mandatory class I Federal area.
          (3) Concurrence.--An exemption under this subsection shall be 
        effective only on concurrence by the appropriate Federal land 
        manager or Federal land managers with the Administrator's 
        determination under this subsection.
  (e) Consultation With Appropriate Federal Land Managers.--Before 
holding a public hearing on the proposed revision of an applicable 
implementation plan to meet the requirements of this section, the State 
(or the Administrator, in the case of a plan promulgated under section 
211110(c) of this title) shall--
          (1) consult in person with the appropriate Federal land 
        manager or Federal land managers; and
          (2) include a summary of the conclusions and recommendations 
        of the Federal land managers in the notice to the public.
  (f) Buffer Zones.--In promulgating regulations under this section, 
the Administrator shall not require the use of any automatic or uniform 
buffer zone or zones.
  (g) Nondiscretionary Duty.--For purposes of section 203104(b)(2) of 
this title, the meeting of the national goal specified in subsection 
(b)(1) by any specific date or dates shall not be considered to be a 
nondiscretionary duty of the Administrator.
Sec. 213202. Visibility
  (a) Studies.--
          (1) Research.--
                  (A) In general.--The Administrator, in conjunction 
                with the National Park Service and other appropriate 
                Federal agencies, shall conduct research to identify 
                and evaluate--
                          (i) sources and source regions of visibility 
                        impairment in class I areas; and
                          (ii) regions that provide predominantly clean 
                        air in class I areas.
                  (B) Inclusions.--The research shall include--
                          (i) expansion of current visibility-related 
                        monitoring in class I areas;
                          (ii) assessment of current sources of 
                        visibility-impairing pollution and clean air 
                        corridors;
                          (iii) adaptation of regional air quality 
                        models for the assessment of visibility; and
                          (iv) studies of atmospheric chemistry and 
                        physics of visibility.
          (2) Assessment and evaluation.--Based on the findings 
        available from the research required in paragraph (1), other 
        available scientific and technical data, studies, and other 
        available information pertaining to visibility source-receptor 
        relationships, the Administrator shall conduct an assessment 
        and evaluation that identifies, to the extent possible, sources 
        and source regions of visibility impairment including natural 
        sources and source regions of clear air for class I areas.
  (b) Impacts of Other Provisions.--Every 5 years, the Administrator 
shall conduct an assessment of actual progress and improvement in 
visibility in class I areas. The Administrator shall prepare a written 
report on each assessment and transmit copies of the reports to the 
appropriate committees of Congress.
  (c) Visibility Transport Commissions.--
          (1) Visibility transport regions.--
                  (A) Establishment.--When, on the Administrator's 
                motion or by petition from the Governors of at least 2 
                affected States, the Administrator has reason to 
                believe that the current or projected interstate 
                transport of air pollutants from 1 or more States 
                contributes significantly to visibility impairment in 
                class I areas located in the affected States, the 
                Administrator may establish a visibility transport 
                region for such pollutants that includes those States.
                  (B) Addition and removal of states.--The 
                Administrator, on the Administrator's own motion, on 
                petition from the Governor of any affected State, or on 
                the recommendations of a visibility transport 
                commission established under paragraph (2), may--
                          (i) add any State or portion of a State to a 
                        visibility transport region when the 
                        Administrator determines that the interstate 
                        transport of air pollutants from that State 
                        significantly contributes to visibility 
                        impairment in a class I area located within the 
                        visibility transport region; or
                          (ii) remove any State or portion of a State 
                        from a visibility transport region when the 
                        Administrator has reason to believe that the 
                        control of emissions in that State or portion 
                        of the State pursuant to this section will not 
                        significantly contribute to the protection or 
                        enhancement of visibility in any class I area 
                        in the visibility transport region.
          (2) Visibility transport commissions.--
                  (A) Establishment.--When the Administrator 
                establishes a visibility transport region under 
                paragraph (1), the Administrator shall establish a 
                visibility transport commission comprised of (as a 
                minimum) each of the following members:
                          (i) The Governor of each State in the 
                        visibility transport region, or the Governor's 
                        designee.
                          (ii) The Administrator, or the 
                        Administrator's designee.
                          (iii) A representative of each Federal agency 
                        charged with the direct management of each 
                        class I area within the visibility transport 
                        region.
                  (B) Voting.--Decisions of, and recommendations and 
                requests to the Administrator, by a visibility 
                transport commission may be made only by a majority 
                vote of all members other than the Administrator and 
                the Federal agency representatives (or designees).
                  (C) Federal advisory committee act.--A visibility 
                transport commission shall not be subject to the 
                Federal Advisory Committee Act (5 U.S.C. App.).
  (d) Duties.--
          (1) In general.--A visibility transport commission--
                  (A) shall assess the scientific and technical data, 
                studies, and other currently available information, 
                including studies conducted pursuant to subsection 
                (a)(1), pertaining to adverse impacts on visibility 
                from potential or projected growth in emissions from 
                sources located in the visibility transport region; and
                  (B) shall, within 4 years after establishment of the 
                visibility transport commission, issue a report to the 
                Administrator recommending what measures, if any, 
                should be taken under this division to remedy the 
                adverse impacts.
          (2) Measures to be addressed.--A report under paragraph 
        (1)(B) shall address at least the following measures:
                  (A) The establishment of clean air corridors in which 
                additional restrictions on increases in emissions may 
                be appropriate to protect visibility in affected class 
                I areas.
                  (B) The imposition of the requirements of chapter 215 
                affecting the construction of new major stationary 
                sources or major modifications to existing sources in 
                such clean air corridors specifically including the 
                alternative siting analysis provisions of section 
                215103(a)(1)(E) of this title.
                  (C) The promulgation of regulations under section 
                213201 of this title to address long range strategies 
                for addressing regional haze that impairs visibility in 
                affected class I areas.
  (e) Duties of Administrator.--
          (1) In general.--The Administrator shall, taking into account 
        the studies pursuant to subsection (a)(1) and the reports 
        pursuant to subsection (d) and any other relevant information, 
        within 18 months after receipt of the report described in 
        subsection (d), carry out the Administrator's regulatory 
        responsibilities under section 213201 of this title, including 
        criteria for measuring reasonable progress toward the national 
        goal.
          (2) Regulations.--Any regulations promulgated under section 
        213201 of this title pursuant to this subsection shall require 
        affected States to revise within 12 months their implementation 
        plans under section 211110 of this title to contain such 
        emission limitations, schedules of compliance, and other 
        measures as may be necessary to carry out regulations 
        promulgated pursuant to this subsection.
  (f) Grand Canyon Visibility Transport Commission.--The Administrator 
pursuant to subsection (c) shall establish a visibility transport 
commission for the region affecting visibility in Grand Canyon National 
Park.

         Chapter 215--Plan Requirements for Nonattainment Areas

Subchapter I--Nonattainment Areas In General
Sec.
215101. Definitions.
215102. Nonattainment plan provisions in general.
215103. Permit requirements.
215104. Planning procedures.
215105. EPA grants.
215106. Maintenance plans.
215107. Limitations on certain Federal assistance.
215108. Interstate transport commissions.
215109. New motor vehicle emission standards in nonattainment areas.
215110. Guidance documents respecting the lowest achievable emission 
          rate.
215111. Sanctions and consequences of failure to attain.
215112. International border areas.
Subchapter II--Additional Provisions for Ozone Nonattainment Areas
215201. Definitions.
215202. Classifications and attainment dates.
215203. Plan provisions.
215204. Federal ozone measures.
215205. Control of interstate ozone air pollution.
215206. Enforcement for severe areas and extreme areas for failure to 
          attain.
215207. Nitrogen oxide and volatile organic compound study.
Subchapter III--Additional Provisions for Carbon Monoxide Nonattainment 
          Areas
215301. Definitions.
215302. Classification and attainment dates.
215303. Plan submissions and requirements.
Subchapter IV--Additional Provisions for Particulate Matter 
          Nonattainment Areas
215401. Definitions.
215402. Classifications and attainment dates.
215403. Plan provisions and schedules for plan submissions.
215404. Issuance of RACM and BACM guidance.
Subchapter V--Additional Provisions for Areas Designated Nonattainment 
          for Sulfur Dioxides, Nitrogen Oxide, or Lead
215501. Plan submission deadlines.
215502. Attainment dates.
Subchapter VI--Savings Provisions
215601. General savings clause.

              Subchapter I--Nonattainment Areas In General

Sec. 215101. Definitions
  In this chapter:
          (1) Lowest achievable emission rate.--
                  (A) In general.--The term ``lowest achievable 
                emission rate'', with respect to a source, means the 
                rate of emissions that reflects the more stringent of--
                          (i) the most stringent emission limitation 
                        that is contained in the implementation plan of 
                        any State for that class or category of source, 
                        unless the owner or operator of the proposed 
                        source demonstrates that such an emission 
                        limitation is not achievable; or
                          (ii) the most stringent emission limitation 
                        that is achieved in practice by that class or 
                        category of source.
                  (B) Effect of application of term.--In no event shall 
                the application of the term ``lowest achievable 
                emission rate'' permit a proposed new or modified 
                source to emit any pollutant in excess of the amount 
                allowable under applicable new source standards of 
                performance.
          (2) Modify.--
                  (A) In general.--The term ``modify'', with respect to 
                a stationary source, means to make or undergo any 
                physical change in, or change in the method of 
                operation of, the stationary source that--
                          (i) increases the amount of any air pollutant 
                        emitted by the stationary source; or
                          (ii) results in the emission of any air 
                        pollutant not previously emitted.
                  (B) Conversion to coal.--A conversion to coal by 
                reason of an order under section 2(a) of the Energy 
                Supply and Environmental Coordination Act of 1974 (15 
                U.S.C. 792(a)) or any enactment that supersedes that 
                Act shall not be considered to be a modification for 
                purposes of subparagraph (A).
          (3) Nonattainment area.--The term ``nonattainment area'' 
        means, for any air pollutant, an area that is designated 
        nonattainment with respect to that air pollutant within the 
        meaning of section 211107(d) of this title.
          (4) Reasonable further progress.--The term ``reasonable 
        further progress'' means such annual incremental reductions in 
        emissions of an air pollutant as are required by this chapter 
        or may reasonably be required by the Administrator for the 
        purpose of ensuring attainment of the applicable NAAQS by the 
        applicable date.
Sec. 215102. Nonattainment plan provisions in general
  (a) Classifications and Attainment Dates.--
          (1) Classifications.--
                  (A) In general.--On or after the date on which the 
                Administrator promulgates the designation of an area as 
                a nonattainment area pursuant to section 211107(d) of 
                this title with respect to any NAAQS (or any revised 
                standard), the Administrator may classify the area for 
                the purpose of applying an attainment date pursuant to 
                paragraph (2), and for other purposes. In determining 
                the appropriate classification, if any, for a 
                nonattainment area, the Administrator may consider such 
                factors as the severity of nonattainment in the area 
                and the availability and feasibility of the pollution 
                control measures that the Administrator believes may be 
                necessary to provide for attainment of the standard in 
                that area.
                  (B) Procedure.--The Administrator shall publish a 
                notice in the Federal Register announcing each 
                classification under subparagraph (A), except that the 
                Administrator shall provide an opportunity for at least 
                30 days for written comment. A classification shall not 
                be subject to sections 553 to 557 of title 5 and shall 
                not be subject to judicial review until the 
                Administrator takes final action under subsection (i) 
                or (j) of section 211110 or section 215111 of this 
                title with respect to any plan submissions required by 
                virtue of the classification.
                  (C) Nonapplicability.--This paragraph shall not apply 
                with respect to nonattainment areas for which 
                classifications are specifically provided under other 
                provisions of this chapter.
          (2) Attainment dates for nonattainment areas.--
                  (A) Primary naaqses.--The attainment date for an area 
                designated nonattainment with respect to a primary 
                NAAQS shall be the date by which attainment can be 
                achieved as expeditiously as practicable, but not later 
                than 5 years after the date on which the area was 
                designated nonattainment under section 211107(d) of 
                this title, except that the Administrator may extend 
                the attainment date to the extent that the 
                Administrator determines to be appropriate, for a 
                period not longer than 10 years after the date of 
                designation as nonattainment, considering the severity 
                of nonattainment and the availability and feasibility 
                of pollution control measures.
                  (B) Secondary naaqses.--The attainment date for an 
                area designated nonattainment with respect to a 
                secondary NAAQS shall be the date by which attainment 
                can be achieved as expeditiously as practicable after 
                the date on which the area was designated nonattainment 
                under section 211107(d) of this title.
                  (C) Extension.--
                          (i) In general.--On application by any State, 
                        the Administrator may extend for 1 additional 
                        year (referred to in this subparagraph as the 
                        ``extension year'') the attainment date 
                        determined by the Administrator under 
                        subparagraph (A) or (B) if--
                                  (I) the State has complied with all 
                                requirements and commitments pertaining 
                                to the area in the applicable 
                                implementation plan; and
                                  (II) in accordance with guidance 
                                published by the Administrator, not 
                                more than a minimal number of 
                                exceedances of the relevant NAAQS has 
                                occurred in the area in the year 
                                preceding the extension year.
                          (ii) Limitation.--Not more than 2 one-year 
                        extensions may be issued under this 
                        subparagraph for a single nonattainment area.
                  (D) Nonapplicability.--This paragraph shall not apply 
                with respect to nonattainment areas for which 
                attainment dates are specifically provided under other 
                provisions of this chapter.
  (b) Schedule for Plan Submissions.--At the time at which the 
Administrator promulgates the designation of an area as nonattainment 
with respect to a NAAQS under section 211107(d) of this title, the 
Administrator shall establish a schedule according to which the State 
containing the area shall submit a plan or plan provision (including 
plan items) meeting the applicable requirements of subsection (c) and 
section 211110(a)(3) of this title. The schedule shall, at a minimum, 
include a date or dates, extending not later than 3 years after the 
date of the nonattainment designation, for the submission of a plan or 
plan provision (including plan items) meeting the applicable 
requirements of subsection (c) and section 211110(a)(3) of this title.
  (c) Nonattainment Plan Provisions.--
          (1) In general.--The plan provisions (including plan items) 
        shall provide for--
                  (A) implementation of all reasonably available 
                control measures as expeditiously as practicable 
                (including such reductions in emissions from existing 
                sources in the area as may be obtained through the 
                adoption, at a minimum, of reasonably available control 
                technology); and
                  (B) attainment of the primary NAAQSes.
          (2) Reasonable further progress.--The plan provisions 
        (including plan items) shall require reasonable further 
        progress.
          (3) Inventory.--The plan provisions (including plan items) 
        shall include a comprehensive, accurate, current inventory of 
        actual emissions from all sources of the relevant pollutant or 
        pollutants in the area, including such periodic revisions as 
        the Administrator may determine to be necessary to ensure that 
        the requirements of this chapter are met.
          (4) Identification and quantification.--The plan provisions 
        (including plan items) shall expressly identify and quantify 
        the emissions, if any, of any such pollutant or pollutants that 
        will be allowed, in accordance with section 215103(a)(1)(A)(ii) 
        of this title, from the construction and operation of major new 
        or modified stationary sources in each such area. The plan 
        shall demonstrate to the satisfaction of the Administrator that 
        the emissions quantified for this purpose will be consistent 
        with the achievement of reasonable further progress and will 
        not interfere with attainment of the applicable NAAQS by the 
        applicable attainment date.
          (5) Permits for new and modified major stationary sources.--
        The plan provisions (including plan items) shall require 
        permits for the construction and operation of new or modified 
        major stationary sources anywhere in the nonattainment area, in 
        accordance with section 215103 of this title.
          (6) Other measures.--The plan provisions (including plan 
        items) shall include enforceable emission limitations and such 
        other control measures, means, or techniques (including 
        economic incentives such as fees, marketable permits, and 
        auctions of emission rights) and schedules and timetables for 
        compliance as may be necessary or appropriate to provide for 
        attainment of the standard in the area by the applicable 
        attainment date specified in this chapter.
          (7) Compliance with section 211110(a)(3).--The plan 
        provisions (including plan items) shall meet the applicable 
        provisions of section 211110(a)(3) of this title.
          (8) Equivalent techniques.--On application by any State, the 
        Administrator may allow the use of equivalent modeling, 
        emission inventory, and planning procedures, unless the 
        Administrator determines that the proposed techniques are, in 
        the aggregate, less effective than the methods specified by the 
        Administrator.
          (9) Contingency measures.--The plan (including plan items) 
        shall provide for the implementation of specific measures to be 
        undertaken if the area fails to make reasonable further 
        progress or to attain the primary NAAQS by the attainment date 
        applicable under this chapter. The measures shall be included 
        in the plan as contingency measures to take effect in any such 
        case without further action by the State or the Administrator.
  (d) Plan Provisions Required in Response to Finding of Plan 
Inadequacy.--
          (1) In general.--Any plan provision for a nonattainment area 
        that is required to be submitted in response to a finding by 
        the Administrator pursuant to section 211110(i)(5) of this 
        title shall--
                  (A) correct the plan deficiency (or deficiencies) 
                specified by the Administrator; and
                  (B) meet all other applicable plan requirements of 
                section 211110 of this title and this chapter.
          (2) Adjustment of dates.--The Administrator may reasonably 
        adjust the dates otherwise applicable under those requirements 
        to the provision (except for attainment dates that have not yet 
        elapsed) to the extent necessary to achieve a consistent 
        application of the requirements.
          (3) Guidelines, interpretations, and information.--
                  (A) In general.--In order to facilitate submittal by 
                the States of adequate and approvable plans consistent 
                with the applicable requirements of this division, the 
                Administrator shall, as appropriate and from time to 
                time, issue written guidelines, interpretations, and 
                information to the States, taking into consideration 
                any such guidelines, interpretations, or information 
                provided before November 15, 1990.
                  (B) Public availability.--Guidelines, 
                interpretations, and information issued under 
                subparagraph (A) shall be available to the public.
  (e) Future Modification of Standard.--If the Administrator relaxes a 
primary NAAQS, the Administrator shall, within 12 months after the 
relaxation, promulgate requirements applicable to all areas that have 
not attained that standard as of the date of the relaxation. The 
requirements shall provide for controls that are not less stringent 
than the controls applicable to areas designated nonattainment before 
the relaxation.
Sec. 215103. Permit requirements
  (a) In General.--
          (1) In general.--The permit program required by section 
        215102(c)(5) of this title shall provide that permits to 
        construct and operate may be issued if--
                  (A) in accordance with regulations issued by the 
                Administrator for the determination of baseline 
                emissions in a manner consistent with the assumptions 
                underlying the applicable implementation plan approved 
                under section 211110 of this title and this chapter, 
                the permitting agency determines that--
                          (i) by the time the source is to commence 
                        operation, sufficient offsetting emissions 
                        reductions have been obtained, such that total 
                        allowable emissions from existing sources in 
                        the region, from new or modified sources that 
                        are not major emitting facilities and from the 
                        proposed source, will be sufficiently less than 
                        total emissions from existing sources (as 
                        determined in accordance with the regulations 
                        under this subparagraph) prior to the 
                        application for the permit to construct or 
                        modify so as to represent (when considered 
                        together with the plan provisions required 
                        under section 215102 of this title) reasonable 
                        further progress; or
                          (ii) in the case of a new or modified major 
                        stationary source that is located in a zone 
                        (within the nonattainment area) identified by 
                        the Administrator, in consultation with the 
                        Secretary of Housing and Urban Development, as 
                        a zone to which economic development should be 
                        targeted, that emissions of the pollutant 
                        resulting from the proposed new or modified 
                        major stationary source will not cause or 
                        contribute to emissions levels that exceed the 
                        allowance permitted for the pollutant for the 
                        area from new or modified major stationary 
                        sources under section 215102(c) of this title;
                  (B) the proposed source is required to comply with 
                the lowest achievable emission rate;
                  (C) the owner or operator of the proposed new or 
                modified source has demonstrated that all major 
                stationary sources owned or operated by the owner or 
                operator (or by any entity controlling, controlled by, 
                or under common control with the owner or operator) in 
                the State are subject to emission limitations and are 
                in compliance, or on a schedule for compliance, with 
                all applicable emission limitations and standards under 
                this division;
                  (D) the Administrator has not determined that the 
                applicable implementation plan is not being adequately 
                implemented for the nonattainment area in which the 
                proposed source is to be constructed or modified in 
                accordance with the requirements of this chapter; and
                  (E) an analysis of alternative sites, sizes, 
                production processes, and environmental control 
                techniques for the proposed source demonstrates that 
                benefits of the proposed source significantly outweigh 
                the environmental and social costs imposed as a result 
                of its location, construction, or modification.
          (2) Federally enforceable emission reductions.--Any emission 
        reductions required as a precondition of the issuance of a 
        permit under paragraph (1)(A) shall be federally enforceable 
        before a permit may be issued.
  (b) Prohibition of Use of Old Growth Allowances.--Any growth 
allowance included in an applicable implementation plan to meet the 
requirements of section 172(b)(5) of the Clean Air Act (42 U.S.C. 
7502(b)(5)) (as in effect on November 14, 1990) shall not be valid for 
use in any area that received a notice under section 110(a)(2)(H)(ii) 
of the Clean Air Act (42 U.S.C. 7410(a)(2)(H)(ii)) (as in effect on 
November 14, 1990) or under section 211110(i)(1) of this title that its 
applicable implementation plan containing the allowance is 
substantially inadequate.
  (c) Offsets.--
          (1) In general.--The owner or operator of a new or modified 
        major stationary source may comply with any offset requirement 
        in effect under this chapter for increased emissions of any air 
        pollutant only by obtaining emission reductions of the air 
        pollutant from the same source or other sources in the same 
        nonattainment area, except that the State may allow the owner 
        or operator of a source to obtain the emission reductions in 
        another nonattainment area if--
                  (A) the other area has a nonattainment classification 
                that is equal to or higher than that of the area in 
                which the source is located; and
                  (B) emissions from the other area contribute to a 
                violation of the NAAQS in the nonattainment area in 
                which the source is located.
          (2) Emission reduction requirements.--Emission reductions 
        required under paragraph (1)--
                  (A) shall be, by the time a new or modified source 
                commences operation, in effect and enforceable; and
                  (B) shall ensure that the total tonnage of increased 
                emissions of the air pollutant from the new or modified 
                source shall be offset by an equal or greater 
                reduction, as applicable, in the actual emissions of 
                the air pollutant from the same or other sources in the 
                area.
          (3) Creditability.--Emission reductions otherwise required by 
        this division shall not be creditable as emissions reductions 
        for purposes of any such offset requirement. Incidental 
        emission reductions that are not otherwise required by this 
        division shall be creditable as emission reductions for such 
        purposes if the emission reductions meet the requirements of 
        paragraph (1).
  (d) Control Technology Information.--A State shall provide that 
control technology information from permits issued under this section 
will be promptly submitted to the Administrator for purposes of making 
such information available through the RACT/BACT/LAER clearinghouse to 
other States and to the general public.
  (e) Rocket Engines or Motors.--
          (1) In general.--The permitting authority of a State shall 
        allow a source to offset by alternative or innovative means 
        emission increases from rocket engine and motor firing, and 
        cleaning related to such firing, at an existing or modified 
        major source that tests rocket engines or motors under the 
        following conditions:
                  (A) Purpose.--Any modification proposed is solely for 
                the purpose of expanding the testing of rocket engines 
                or motors at an existing source that was permitted to 
                test such engines on November 15, 1990.
                  (B) Offsets.--The source demonstrates to the 
                satisfaction of the permitting authority of the State 
                that--
                          (i) the source has used all reasonable means 
                        to obtain and utilize offsets, as determined on 
                        an annual basis, for the emissions increases 
                        beyond allowable levels;
                          (ii) all available offsets are being used; 
                        and
                          (iii) sufficient offsets are not available to 
                        the source.
                  (C) National security.--The source has obtained a 
                written finding from the Department of Defense, 
                Department of Transportation, National Aeronautics and 
                Space Administration, or other appropriate Federal 
                agency that the testing of rocket motors or engines at 
                the facility is required for a program essential to 
                national security.
                  (D) Alternative measure.--The source will comply with 
                an alternative measure, imposed by the permitting 
                authority, designed to offset any emission increases 
                beyond permitted levels not directly offset by the 
                source.
          (2) Emission fee.--In lieu of imposing any alternative offset 
        measures, the permitting authority may impose an emission fee 
        to be paid to the permitting authority, which shall be in an 
        amount not greater than 1.5 times the average cost of 
        stationary source control measures adopted in that area during 
        the previous 3 years. The permitting authority shall utilize 
        the fees in a manner that maximizes emission reductions in that 
        area.
Sec. 215104. Planning procedures
  (a) In General.--
          (1) Updated or new planning procedures.--For any ozone, 
        carbon monoxide, or PM-10 nonattainment area, the State 
        containing the area and elected officials of affected local 
        governments shall, before the date required for submittal of 
        the inventory described under section 215203(a)(2) or 
        215303(a)(2) of this title, jointly review and update as 
        necessary the planning procedures adopted pursuant to section 
        174(a) of the Clean Air Act (42 U.S.C. 7504(a)) as in effect on 
        November 14, 1990, or develop new planning procedures pursuant 
        to this subsection, as appropriate.
          (2) Determination.--In preparing the procedures, the State 
        and local elected officials shall determine which elements of a 
        revised implementation plan will be developed, adopted, and 
        implemented (through means including enforcement) by the State 
        and which by local governments or regional agencies, or any 
        combination of local governments, regional agencies, or the 
        State.
          (3) Preparation.--The implementation plan required by this 
        chapter shall be prepared by an organization certified by the 
        State, in consultation with elected officials of local 
        governments and in accordance with the determination under 
        paragraph (2).
          (4) Organization.--The organization shall include--
                  (A) elected officials of local governments in the 
                affected area; and
                  (B) representatives of--
                          (i) the State air quality planning agency;
                          (ii) the State transportation planning 
                        agency;
                          (iii) the metropolitan planning organization 
                        designated to conduct the continuing, 
                        cooperative, and comprehensive transportation 
                        planning process for the area under section 134 
                        of title 23;
                          (iv) the organization responsible for the air 
                        quality maintenance planning process under 
                        regulations implementing this division; and
                          (v) any other organization with 
                        responsibilities for developing, submitting, or 
                        implementing the plan required by this chapter.
          (5) Same organization.--The organization may be an 
        organization that carried out the functions described in this 
        subsection before November 15, 1990.
  (b) Coordination.--The preparation of implementation plan provisions 
and subsequent plan revisions under the continuing transportation-air 
quality planning process described in section 211108(e) of this title 
shall be coordinated with the continuing, cooperative, and 
comprehensive transportation planning process required under section 
134 of title 23, and those planning processes shall take into account 
the requirements of this chapter.
  (c) Joint Planning.--In the case of a nonattainment area that is 
included within more than 1 State, the affected States may jointly, 
through interstate compact or otherwise, undertake and implement all or 
part of the planning procedures described in this section.
Sec. 215105. EPA grants
  (a) Plan Provision Development Costs.--The Administrator shall make 
grants to any organization of local elected officials with 
transportation or air quality maintenance planning responsibilities 
recognized by a State under section 215104(a) of this title for payment 
of the reasonable costs of developing a plan provision under this 
chapter.
  (b) Grant Funds.--The amount granted to any organization under 
subsection (a) shall be 100 percent of any additional costs of 
developing a plan provision under this chapter for the 1st 2 fiscal 
years following receipt of the grant under this paragraph, and shall 
supplement any funds available under Federal law to the organization 
for transportation or air quality maintenance planning. Grants under 
this section shall not be used for construction.
Sec. 215106. Maintenance plans
  (a) Plan Provision.--A State that submits a request under section 
211107(d) of this title for redesignation of a nonattainment area for 
any air pollutant as an area that has attained the primary NAAQS for 
that air pollutant shall submit an applicable State implementation plan 
provision that--
          (1) provides for the maintenance of the primary NAAQS for 
        that air pollutant in the area for at least 10 years after the 
        redesignation; and
          (2) contains such additional measures, if any, as may be 
        necessary to ensure such maintenance.
  (b) Subsequent Plan Provisions.--Eight years after redesignation of 
any area as an attainment area under section 211107(d) of this title, 
the State shall submit to the Administrator an additional applicable 
State implementation plan provision for maintaining the primary NAAQS 
for 10 years after the expiration of the 10-year period described in 
subsection (a).
  (c) Nonattainment Requirements Applicable Pending Plan Approval.--
Until a plan provision under subsection (b) is approved and an area is 
redesignated as attainment for any area designated as a nonattainment 
area, the requirements of this chapter shall continue in effect with 
respect to the area.
  (d) Contingency Provisions.--A plan provision submitted under this 
section shall contain such contingency provisions as the Administrator 
considers necessary to ensure that the State will promptly correct any 
violation of the standard that occurs after the redesignation of the 
area as an attainment area. The contingency provisions shall include a 
requirement that the State will implement all measures with respect to 
the control of the air pollutant concerned that were contained in the 
State implementation plan for the area before redesignation of the area 
as an attainment area. The failure of any area redesignated as an 
attainment area to maintain the NAAQS concerned shall not result in a 
requirement that the State revise its State implementation plan unless 
the Administrator, in the Administrator's discretion, requires the 
State to submit a revised State implementation plan.
Sec. 215107. Limitations on certain Federal assistance
  (a) Activities Not Conforming to Approved or Promulgated Plans.--
          (1) Limitation.--
                  (A) In general.--No department, agency, or 
                instrumentality of the Federal Government shall engage 
                in, support in any way or provide financial assistance 
                for, license or permit, or approve any activity that 
                does not conform to an implementation plan after the 
                implementation plan has been approved or promulgated 
                under section 211110 of this title. No metropolitan 
                planning organization designated under section 134 of 
                title 23, shall give its approval to any project, 
                program, or plan that does not conform to an 
                implementation plan approved or promulgated under 
                section 211110 of this title. The assurance of 
                conformity to such an implementation plan shall be an 
                affirmative responsibility of the head of a department, 
                agency, or instrumentality.
                  (B) Conformity.--An activity shall be considered to 
                conform to an implementation plan if the activity--
                          (i) conforms to an implementation plan's 
                        purpose of eliminating or reducing the severity 
                        and number of violations of the NAAQSes and 
                        achieving expeditious attainment of the 
                        NAAQSes; and
                          (ii) will not--
                                  (I) cause or contribute to any new 
                                violation of any NAAQS in any area;
                                  (II) increase the frequency or 
                                severity of any existing violation of 
                                any NAAQS in any area; or
                                  (III) delay timely attainment of any 
                                NAAQS or any required interim emission 
                                reductions or other milestones in any 
                                area.
                  (C) Basis of determination.--The determination of 
                conformity shall be based on the most recent estimates 
                of emissions, and those estimates shall be determined 
                from the most recent population, employment, travel, 
                and congestion estimates as determined by the 
                metropolitan planning organization or other agency 
                authorized to make such estimates.
          (2) Transportation plans and programs.--
                  (A) In general.--Any transportation plan or program 
                developed pursuant to title 23 or chapter 53 of title 
                49 shall implement the transportation provisions of any 
                applicable implementation plan approved under this 
                division applicable to all or part of the area covered 
                by the transportation plan or program. No Federal 
                agency may approve, accept, or fund any transportation 
                plan, program, or project unless the plan, program, or 
                project has been found to conform to any applicable 
                implementation plan in effect under this division.
                  (B) Particular cases.--In particular--
                          (i) no transportation plan or transportation 
                        improvement program may be adopted by a 
                        metropolitan planning organization designated 
                        under title 23 or chapter 53 of title 49, or be 
                        found to be in conformity by a metropolitan 
                        planning organization, until a final 
                        determination has been made that--
                                  (I) emissions expected from 
                                implementation of the plans and 
                                programs are consistent with estimates 
                                of emissions from motor vehicles and 
                                necessary emissions reductions 
                                contained in the applicable 
                                implementation plan; and
                                  (II) the plan or program will conform 
                                to the requirements of paragraph 
                                (1)(B)(ii);
                          (ii) no metropolitan planning organization or 
                        other recipient of funds under title 23 or 
                        chapter 53 of title 49 shall adopt or approve a 
                        transportation improvement program of projects 
                        until the recipient of funds determines that 
                        the program provides for timely implementation 
                        of transportation control measures consistent 
                        with schedules included in the applicable 
                        implementation plan; and
                          (iii) a transportation project may be adopted 
                        or approved by a metropolitan planning 
                        organization or any recipient of funds 
                        designated under title 23 or chapter 53 of 
                        title 49, or found in conformity by a 
                        metropolitan planning organization or approved, 
                        accepted, or funded by the Department of 
                        Transportation only if--
                                  (I) the transportation project meets 
                                the requirements of subparagraph (C); 
                                or
                                  (II)(aa) the transportation project 
                                comes from a conforming plan and 
                                program;
                                  (bb) the design concept and scope of 
                                the transportation project have not 
                                changed significantly since the 
                                conformity finding regarding the plan 
                                and program from which the project 
                                derived; and
                                  (cc) the design concept and scope of 
                                the transportation project at the time 
                                of the conformity determination for the 
                                program was adequate to determine 
                                emissions.
                  (C) Treatment of certain projects as conforming.--Any 
                project not described in subparagraph (B)(iii) shall be 
                treated as conforming to the applicable implementation 
                plan only if it is demonstrated that the projected 
                emissions from the project, when considered together 
                with emissions projected for the conforming 
                transportation plans and programs within the 
                nonattainment area, do not cause those plans and 
                programs to exceed the emission reduction projections 
                and schedules assigned to the plans and programs in the 
                applicable implementation plan.
                  (D) Redetermination of conformity.--The appropriate 
                metropolitan planning organization shall redetermine 
                conformity of existing transportation plans and 
                programs not later than 2 years after the date on which 
                the Administrator--
                          (i) finds a motor vehicle emissions budget to 
                        be adequate in accordance with section 
                        93.118(e)(4) of title 40, Code of Federal 
                        Regulations (as in effect on October 1, 2004);
                          (ii) approves an implementation plan that 
                        establishes a motor vehicle emissions budget if 
                        that budget has not yet been determined to be 
                        adequate in accordance with clause (i); or
                          (iii) promulgates an implementation plan that 
                        establishes or revises a motor vehicle 
                        emissions budget.
          (3) Demonstration of conformity.--
                  (A) In general.--Until such time as the 
                implementation plan provision described in paragraph 
                (4)(E) is approved, conformity of plans, programs, and 
                projects described in this paragraph will be 
                demonstrated if--
                          (i) the transportation plans and programs--
                                  (I) are consistent with the most 
                                recent estimates of mobile source 
                                emissions;
                                  (II) provide for the expeditious 
                                implementation of transportation 
                                control measures in the applicable 
                                implementation plan; and
                                  (III) with respect to ozone and 
                                carbon monoxide nonattainment areas, 
                                contribute to annual emissions 
                                reductions consistent with sections 
                                215203(b)(2) and 215303(a)(8) of this 
                                title; and
                          (ii) the transportation projects--
                                  (I) come from a conforming 
                                transportation plan and program as 
                                defined in clause (i); and
                                  (II) in carbon monoxide nonattainment 
                                areas, eliminate or reduce the severity 
                                and number of violations of the carbon 
                                monoxide standards in the area 
                                substantially affected by the project.
                  (B) Determination for transportation program or 
                individual project.--With regard to subparagraph 
                (A)(ii)(II), the determination may be made as part of 
                the conformity determination for the transportation 
                program or for the individual project taken as a whole 
                during the environmental review phase of project 
                development.
          (4) Criteria and procedures for determining conformity.--
                  (A) In general.--The Administrator shall promulgate, 
                and periodically update, criteria and procedures for 
                determining conformity (except in the case of 
                transportation plans, programs, and projects) of, and 
                for keeping the Administrator informed about, the 
                activities described in paragraph (1).
                  (B) Transportation plans, programs, and projects.--
                The Administrator, with the concurrence of the 
                Secretary of Transportation, shall promulgate, and 
                periodically update, criteria and procedures for 
                demonstrating and ensuring conformity in the case of 
                transportation plans, programs, and projects.
                  (C) Civil action to compel promulgation.--A civil 
                action may be brought against the Administrator and the 
                Secretary of Transportation under section 203104 of 
                this title to compel promulgation of criteria and 
                procedures under subparagraphs (A) and (B), and a 
                United States district court shall have jurisdiction to 
                order such promulgation.
                  (D) Requirements.--The procedures and criteria shall, 
                at a minimum--
                          (i) address the consultation procedures to be 
                        undertaken by metropolitan planning 
                        organizations and the Secretary of 
                        Transportation with State and local air quality 
                        agencies and State departments of 
                        transportation before the organizations and the 
                        Secretary make conformity determinations;
                          (ii) address the appropriate frequency for 
                        making conformity determinations, but the 
                        frequency for making conformity determinations 
                        on updated transportation plans and programs 
                        shall be every 4 years, except in a case in 
                        which--
                                  (I) the metropolitan planning 
                                organization elects to update a 
                                transportation plan or program more 
                                frequently; or
                                  (II) the metropolitan planning 
                                organization is required to determine 
                                conformity in accordance with paragraph 
                                (2)(D); and
                          (iii) address how conformity determinations 
                        will be made with respect to maintenance plans.
                  (E) Inclusion of criteria and procedures in sip.--The 
                procedures under subparagraph (A) shall include a 
                requirement that each State include in the State 
                implementation plan criteria and procedures for 
                consultation required by subparagraph (D)(i), and 
                enforcement and enforceability (pursuant to sections 
                93.125(c) and 93.122(a)(4)(ii) of title 40, Code of 
                Federal Regulations) in accordance with the 
                Administrator's criteria and procedures for 
                consultation, enforcement, and enforceability.
                  (F) Traffic signal synchronization projects.--
                Compliance with the regulations of the Administrator 
                for determining the conformity of transportation plans, 
                programs, and projects funded or approved under title 
                23 or chapter 53 of title 49 to State or Federal 
                implementation plans shall not be required for traffic 
                signal synchronization projects prior to the funding, 
                approval or implementation of such projects. The 
                supporting regional emissions analysis for any 
                conformity determination made with respect to a 
                transportation plan, program, or project shall consider 
                the effect on emissions of any such project funded, 
                approved, or implemented prior to the conformity 
                determination.
          (5) Applicability.--This subsection shall apply only with 
        respect to--
                  (A) a nonattainment area and each pollutant for which 
                the area is designated as a nonattainment area; and
                  (B) an area that was designated as a nonattainment 
                area but that was later redesignated by the 
                Administrator as an attainment area and that is 
                required to develop a maintenance plan under section 
                215106 of this title with respect to the specific 
                pollutant for which the area was designated 
                nonattainment.
          (6) Nonapplicability.--Notwithstanding paragraph (5), this 
        subsection shall not apply with respect to an area designated 
        nonattainment under section 211107(d)(1) of this title until 1 
        year after the area is first designated nonattainment for a 
        specific NAAQS. This paragraph applies only with respect to the 
        NAAQS for which an area is newly designated nonattainment and 
        does not affect the area's requirements with respect to all 
        other NAAQSes for which the area is designated nonattainment or 
        has been redesignated from nonattainment to attainment with a 
        maintenance plan pursuant to section 215106 of this title 
        (including any pre-existing NAAQS for a pollutant for which a 
        new or revised standard has been issued).
          (7) Conformity horizon for transportation plans.--
                  (A) Definition of air pollution control agency.--In 
                this paragraph, the term ``air pollution control 
                agency'' means an air pollution control agency (as 
                defined in section 201101 of this title) that is 
                responsible for developing plans or controlling air 
                pollution within the area covered by a transportation 
                plan.
                  (B) In general.--Each conformity determination 
                required under this section for a transportation plan 
                under section 134(i) of title 23 or section 5303(i) of 
                title 49 shall require a demonstration of conformity 
                for--
                          (i) the period ending on the final year of 
                        the transportation plan; or
                          (ii) at the election of the metropolitan 
                        planning organization, after consultation with 
                        the air pollution control agency and 
                        solicitation of public comments and 
                        consideration of the comments, the longest of 
                        the following periods:
                                  (I) The 1st 10-year period of the 
                                transportation plan.
                                  (II) The period ending on the latest 
                                year in the implementation plan 
                                applicable to the area that contains a 
                                motor vehicle emission budget.
                                  (III) The period ending on the year 
                                after the completion date of a 
                                regionally significant project if the 
                                project is included in the 
                                transportation improvement program or 
                                the project requires approval before 
                                the subsequent conformity 
                                determination.
                  (C) Regional emissions analysis.--The conformity 
                determination shall be accompanied by a regional 
                emissions analysis for the last year of the 
                transportation plan and for any year shown to exceed 
                emission budgets by a prior analysis, if that year 
                extends beyond the applicable period as determined 
                under subparagraph (B).
                  (D) Exception.--In any case in which an area has an 
                implementation plan provision under section 215106(b) 
                of this title and the Administrator finds the motor 
                vehicles emissions budgets from that revision to be 
                adequate in accordance with section 93.118(e)(4) of 
                title 40, Code of Federal Regulations (as in effect on 
                October 1, 2004), or approves the provision, the 
                demonstration of conformity, at the election of the 
                metropolitan planning organization, after consultation 
                with the air pollution control agency and solicitation 
                of public comments and consideration of such comments, 
                shall be required to extend only through the last year 
                of the implementation plan required under section 
                215106(b) of this title.
                  (E) Effect of election.--Any election by a 
                metropolitan planning organization under this paragraph 
                shall continue in effect until the metropolitan 
                planning organization elects otherwise.
          (8) Substitution of transportation control measures.--
                  (A) In general.--Transportation control measures that 
                are specified in an implementation plan may be replaced 
                or added to the implementation plan with alternate or 
                additional transportation control measures if--
                          (i) the substitute measures achieve 
                        equivalent or greater emissions reductions than 
                        the control measure to be replaced, as 
                        demonstrated with an emissions impact analysis 
                        that is consistent with the current methodology 
                        used for evaluating the replaced control 
                        measure in the implementation plan;
                          (ii) the substitute control measures are 
                        implemented--
                                  (I) in accordance with a schedule 
                                that is consistent with the schedule 
                                provided for control measures in the 
                                implementation plan; or
                                  (II) if the implementation plan date 
                                for implementation of the control 
                                measure to be replaced has passed, as 
                                soon as practicable after the 
                                implementation plan date but not later 
                                than the date on which emission 
                                reductions are necessary to achieve the 
                                purpose of the implementation plan;
                          (iii) the substitute and additional control 
                        measures are accompanied by evidence of 
                        adequate personnel and funding and authority 
                        under State or local law to implement, monitor, 
                        and enforce the control measures;
                          (iv) the substitute and additional control 
                        measures are developed through a collaborative 
                        process that includes--
                                  (I) participation by representatives 
                                of all affected jurisdictions 
                                (including local air pollution control 
                                agencies, the State air pollution 
                                control agency, and State and local 
                                transportation agencies);
                                  (II) consultation with the 
                                Administrator; and
                                  (III) reasonable public notice and 
                                opportunity for comment; and
                          (v) the metropolitan planning organization, 
                        the State air pollution control agency, and the 
                        Administrator concur with the equivalency of 
                        the substitute or additional control measures.
                  (B) Adoption.--
                          (i) Effect of concurrence.--Concurrence by 
                        the metropolitan planning organization, the 
                        State air pollution control agency, and the 
                        Administrator as required by subparagraph 
                        (A)(v) shall constitute adoption of the 
                        substitute or additional control measures so 
                        long as the requirements of clauses (i), (ii), 
                        (iii) and (iv) of subparagraph (A) are met.
                          (ii) State implementation plan; federal 
                        enforceability.--Once adopted, the substitute 
                        or additional control measures become, by 
                        operation of law, part of the State 
                        implementation plan and become federally 
                        enforceable.
                          (iii) Submittal.--Within 90 days of its 
                        concurrence under subparagraph (A)(v), the 
                        State air pollution control agency shall submit 
                        the substitute or additional control measure to 
                        the Administrator for incorporation in the 
                        codification of the applicable implementation 
                        plan.
                          (iv) No additional process.--Notwithstanding 
                        any other provision of this division, no 
                        additional State process shall be necessary to 
                        support such an applicable plan provision.
                  (C) No requirement for express permission.--The 
                substitution or addition of a transportation control 
                measure in accordance with this paragraph and the 
                funding or approval of such a control measure shall not 
                be contingent on the existence of any provision in the 
                applicable implementation plan that expressly permits 
                such a substitution or addition.
                  (D) No requirement for new conformity 
                determination.--The substitution or addition of a 
                transportation control measure in accordance with this 
                paragraph shall not require--
                          (i) a new conformity determination for the 
                        transportation plan; or
                          (ii) a revision of the implementation plan.
                  (E) Continuation of control measure being replaced.--
                A control measure that is being replaced by a 
                substitute control measure under this paragraph shall 
                remain in effect until the substitute control measure 
                is adopted by the State pursuant to subparagraph (B).
                  (F) Effect of adoption.--Adoption of a substitute 
                control measure shall constitute rescission of the 
                previously applicable control measure.
          (9) Lapse of conformity.--
                  (A) In general.--A transportation plan shall lapse 
                if--
                          (i) a conformity determination required under 
                        this subsection for a transportation plan under 
                        section 134(i) of title 23 or section 5303(i) 
                        of title 49, or a transportation improvement 
                        program under section 134(j) of title 23 or 
                        under section 5303(j) of title 49 is not made 
                        by the applicable deadline; and
                          (ii) the failure to make a conformity 
                        determination is not corrected by--
                                  (I) additional measures to reduce 
                                motor vehicle emissions sufficient to 
                                demonstrate compliance with the 
                                requirements of this subsection within 
                                12 months after the deadline; or
                                  (II) other measures sufficient to 
                                correct the failures.
                  (B) Effect of lapse.--If a transportation plan lapses 
                under subparagraph (A)--
                          (i) the conformity determination for the 
                        transportation plan or transportation 
                        improvement program expires; and
                          (ii) there is no currently conforming 
                        transportation plan or transportation 
                        improvement program.
  (b) Priority of Achieving and Maintaining Primary NAAQSes.--Each 
department, agency, or instrumentality of the Federal Government having 
authority to conduct or support any program with air quality-related 
transportation consequences shall give priority in the exercise of that 
authority, consistent with statutory requirements for allocation among 
States or other jurisdictions, to the implementation of the portions of 
plans prepared under this section to achieve and maintain the primary 
NAAQS. The authority to which this subsection extends includes 
authority exercised under chapter 53 of title 49, title 23, the Housing 
and Urban Development Act of 1965 (79 Stat. 451), the Housing and Urban 
Development Act of 1968 (82 Stat. 476), the Housing and Urban 
Development Act of 1969 (83 Stat. 379), and the Housing and Urban 
Development Act of 1970 (84 Stat. 1770).
Sec. 215108. Interstate transport commissions
  (a) Interstate Transport Regions.--
          (1) Establishment.--When, on the Administrator's own motion 
        or by petition from the Governor of any State, the 
        Administrator has reason to believe that the interstate 
        transport of air pollutants from 1 or more States contributes 
        significantly to a violation of a NAAQS in 1 or more other 
        States, the Administrator may establish, by regulation, an 
        interstate transport region for the pollutant that includes 
        those States.
          (2) Addition and removal of states.--The Administrator, on 
        the Administrator's own motion, on petition from the Governor 
        of any State, or on the recommendation of an interstate 
        transport commission established under subsection (b), may--
                  (A) add any State or portion of a State to an 
                interstate transport region established under this 
                subsection when the Administrator has reason to believe 
                that the interstate transport of air pollutants from 
                that State significantly contributes to a violation of 
                the NAAQS in the interstate transport region; or
                  (B) remove any State or portion of a State from an 
                interstate transport region when the Administrator has 
                reason to believe that the control of emissions in that 
                State or portion of the State pursuant to this section 
                will not significantly contribute to the attainment of 
                the NAAQS in any area in the interstate transport 
                region.
          (3) Procedure.--
                  (A) Approval or disapproval.--The Administrator shall 
                approve or disapprove a petition or recommendation 
                under subparagraph (A) or (B) of paragraph (2) within 
                18 months after its receipt.
                  (B) Public participation.--The Administrator shall 
                establish appropriate proceedings for public 
                participation regarding motions, petitions, and 
                recommendations under subparagraphs (A) and (B) of 
                paragraph (2), including notice and comment.
  (b) Interstate Transport Commissions.--
          (1) Establishment.--When the Administrator establishes an 
        interstate transport region under subsection (a), the 
        Administrator shall establish a transport commission comprised 
        of (at a minimum) each of the following members:
                  (A) The Governor of each State in the interstate 
                transport region or the Governor's designee.
                  (B) The Administrator, or the Administrator's 
                designee.
                  (C) The Regional Administrator (or the 
                Administrator's designee) for each Regional Office for 
                each EPA region affected by the interstate transport 
                region.
                  (D) An air pollution control official representing 
                each State in the interstate transport region, 
                appointed by the Governor.
          (2) Voting.--Decisions of, and recommendations and requests 
        to the Administrator, by an interstate transport commission may 
        be made only by a majority vote of all members other than the 
        Administrator and the Regional Administrators (or designees).
          (3) Recommendations.--An interstate transport commission 
        shall--
                  (A) assess the degree of interstate transport of the 
                pollutant or precursors to the pollutant throughout the 
                interstate transport region;
                  (B) assess strategies for mitigating the interstate 
                pollution; and
                  (C) recommend to the Administrator such measures as 
                the interstate transport commission determines to be 
                necessary to ensure that the implementation plans for 
                the States in the interstate transport region meet the 
                requirements of section 211110(a)(3)(D) of this title.
          (4) Federal advisory committee act.--An interstate transport 
        commission shall not be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
  (c) Commission Requests.--
          (1) Request.--An interstate transport commission may request 
        the Administrator to issue a finding under section 211110(i)(5) 
        of this title that the implementation plan for 1 or more of the 
        States in the interstate transport region is substantially 
        inadequate to meet the requirements of section 211110(a)(3)(D) 
        of this title.
          (2) Public participation; specific recommendations.--In 
        acting on a request under paragraph (1), the Administrator 
        shall provide an opportunity for public participation and shall 
        address each specific recommendation made by the commission.
          (3) Approval or disapproval.--The Administrator shall 
        approve, disapprove, or partially approve and partially 
        disapprove a request under paragraph (1) within 18 months after 
        its receipt and, to the extent that the Administrator approves 
        the request, issue the finding under section 211110(i)(5) of 
        this title at the time of approval. Approval or disapproval of 
        a request shall constitute final agency action within the 
        meaning of section 203102(b) of this title.
Sec. 215109. New motor vehicle emission standards in nonattainment 
                    areas
  (a) In General.--Notwithstanding section 221109(a) of this title, any 
State that has implementation plan provisions approved under this 
chapter may adopt and enforce for any model year standards relating to 
control of emissions from new motor vehicles or new motor vehicle 
engines and take such other actions as are described in section 
221109(a) of this title respecting such vehicles if--
          (1) the standards are identical to the California standards 
        for which a waiver has been granted for that model year; and
          (2) California and that State adopt the standards at least 2 
        years before commencement of the model year (as determined by 
        regulations of the Administrator).
  (b) Effect of Section.--Nothing in this section or in subdivision 3 
shall be construed as authorizing any State described in subsection (a) 
to--
          (1) prohibit or limit, directly or indirectly, the 
        manufacture or sale of a new motor vehicle or motor vehicle 
        engine that is certified in California as meeting California 
        standards; or
          (2) take any action to create, or have the effect of 
        creating, a motor vehicle or motor vehicle engine different 
        from a motor vehicle or engine certified in California under 
        California standards (referred to in this section as a ``3d 
        vehicle'') or otherwise create a 3d vehicle.
Sec. 215110. Guidance documents respecting the lowest achievable 
                    emission rate
  (a) In General.--The Administrator shall issue guidance documents 
under section 211108 of this title for purposes of assisting States in 
implementing requirements of this chapter respecting the lowest 
achievable emission rate.
  (b) Revision.--The guidance documents shall be revised at least every 
2 years.
Sec. 215111. Sanctions and consequences of failure to attain
  (a) State Failure.--
          (1) In general.--Except as provided in paragraph (2), for any 
        implementation plan or plan revision required under this 
        chapter (or required in response to a finding of substantial 
        inadequacy as described in section 211110(i)(5) of this title), 
        if the Administrator--
                  (A) finds that a State has failed, for an area 
                designated nonattainment under section 211107(d) of 
                this title, to submit a plan, or to submit 1 or more of 
                the elements (as determined by the Administrator) 
                required by the provisions of this division applicable 
                to such an area, or has failed to make a submission for 
                such an area that satisfies the minimum criteria 
                established in relation to any such element under 
                section 211110(i) of this title;
                  (B) disapproves a submission under section 211110(i) 
                of this title for an area designated nonattainment 
                under section 211107 of this title, based on the 
                submission's failure to meet 1 or more of the elements 
                required by the provisions of this division applicable 
                to such an area;
                  (C)(i) determines that a State has failed to make any 
                submission as required under this division (other than 
                a submission described under subparagraph (A) or (B)), 
                including an adequate maintenance plan that satisfies 
                the minimum criteria established in relation to the 
                submission under section 211110(i)(1)(A) of this title; 
                or
                  (ii) disapproves in whole or in part a submission 
                under section 211110(i)(1)(A) of this title; or
                  (D) finds that any requirement of an approved plan 
                (or approved part of a plan) is not being implemented;
        unless the deficiency is corrected within 18 months after the 
        finding, disapproval, or determination under subparagraph (A), 
        (B), (C), or (D), 1 of the sanctions described in subsection 
        (b) shall apply, as selected by the Administrator, until the 
        Administrator determines that the State has come into 
        compliance.
          (2) Lack of good faith.--If the Administrator finds a lack of 
        good faith, sanctions under both paragraphs (2) and (3) of 
        subsection (b) shall apply until the Administrator determines 
        that the State has come into compliance.
          (3) Deficiency not corrected within 6 months.--If the 
        Administrator has selected 1 of the sanctions under subsection 
        (b) and the deficiency is not corrected within 6 months 
        thereafter, sanctions under both paragraphs (2) and (3) of 
        subsection (b) shall apply until the Administrator determines 
        that the State has come into compliance.
          (4) Withholding of grant.--In addition to any other sanction 
        applicable as provided in this section, the Administrator may 
        withhold all or part of a grant for support of air pollution 
        planning and control programs that the Administrator may award 
        under section 211105 of this title.
  (b) Sanctions.--
          (1) In general.--The sanctions available to the Administrator 
        under subsection (a) are as provided in this subsection.
          (2) Highway sanctions.--
                  (A) In general.--The Administrator may impose a 
                prohibition, applicable to a nonattainment area, on the 
                approval by the Secretary of Transportation of any 
                projects or the awarding by the Secretary of any grants 
                under title 23, other than a project or grant for--
                          (i) safety, if the Secretary determines, 
                        based on accident or other appropriate data 
                        submitted by the State, that the principal 
                        purpose of the project is an improvement in 
                        safety to resolve a demonstrated safety problem 
                        and likely will result in a significant 
                        reduction in, or avoidance of, accidents;
                          (ii) capital programs for public transit;
                          (iii) construction or restriction of certain 
                        roads or lanes solely for the use of passenger 
                        buses or high occupancy vehicles;
                          (iv) planning for requirements for employers 
                        to reduce employee work-trip-related vehicle 
                        emissions;
                          (v) highway ramp metering, traffic 
                        signalization, and related programs that 
                        improve traffic flow and achieve a net emission 
                        reduction;
                          (vi) fringe and transportation corridor 
                        parking facilities serving multiple occupancy 
                        vehicle programs or transit operations;
                          (vii) programs to limit or restrict vehicle 
                        use in downtown areas or other areas of 
                        emission concentration particularly during 
                        periods of peak use, through road use charges, 
                        tolls, parking surcharges, or other pricing 
                        mechanisms, vehicle restricted zones or 
                        periods, or vehicle registration programs;
                          (viii) programs for breakdown and accident 
                        scene management, nonrecurring congestion, and 
                        vehicle information systems, to reduce 
                        congestion and emissions; and
                          (ix) such other transportation-related 
                        programs as the Administrator, in consultation 
                        with the Secretary of Transportation, finds 
                        would improve air quality and would not 
                        encourage single occupancy vehicle capacity.
                  (B) Considerations.--In considering measures 
                described in clauses (ii) through (ix) of subparagraph 
                (A), a State should seek to ensure adequate access to 
                downtown, other commercial, and residential areas and 
                avoid increasing or relocating emissions and 
                congestion.
                  (C) Effective date.--A prohibition under subparagraph 
                (A) shall become effective on the selection by the 
                Administrator of the sanction.
          (3) Offsets.--In applying the emissions offset requirements 
        of section 215103 of this title to new or modified sources or 
        emissions units for which a permit is required under this 
        chapter, the ratio of emission reductions to increased 
        emissions shall be at least 2 to 1.
  (c) Notice of Failure To Attain.--
          (1) Determination.--As expeditiously as practicable after the 
        applicable attainment date for any nonattainment area, but not 
        later than 6 months after that date, the Administrator shall 
        determine, based on the area's air quality as of the attainment 
        date, whether the area attained the standard by that date.
          (2) Notice.--On making a determination under paragraph (1), 
        the Administrator shall publish a notice in the Federal 
        Register containing the determination and identifying each area 
        that the Administrator determined to have failed to attain.
          (3) Revision or supplementation.--The Administrator may 
        revise or supplement a determination under paragraph (1) at any 
        time based on more complete information or analysis concerning 
        the area's air quality as of the attainment date.
  (d) Consequences for Failure To Attain.--
          (1) Revision of implementation plan.--Within 1 year after the 
        Administrator publishes a notice under subsection (c)(2), each 
        State containing a nonattainment area shall submit a revision 
        to the applicable implementation plan meeting the requirements 
        of paragraph (2).
          (2) Requirements.--A revision required under paragraph (1) 
        shall--
                  (A) meet the requirements of sections 211110 and 
                215102 of this title; and
                  (B) include such additional measures as the 
                Administrator may reasonably prescribe, including all 
                measures that can be feasibly implemented in the area 
                in light of technological achievability, costs, and 
                other air quality-related and non-air-quality-related 
                health and environmental impacts.
          (3) Attainment date.--The attainment date applicable to a 
        revision required under paragraph (1) shall be the same as 
        provided in paragraph (2) of section 215102(a) of this title, 
        except that in applying subparagraph (A) of that paragraph the 
        phrase ``after the date of the notice under section 
        215111(c)(2) of this title'' shall be substituted for the 
        phrase ``after the date on which the area was designated 
        nonattainment under section 211107(d) of this title'' and for 
        the phrase ``after the date of designation as nonattainment''.
Sec. 215112. International border areas
  (a) Implementation Plans and Revisions.--Notwithstanding any other 
provision of law, an implementation plan or plan revision required 
under this division shall be approved by the Administrator if--
          (1) the implementation plan or revision meets all the 
        requirements applicable to it under this division other than a 
        requirement that the implementation plan or revision 
        demonstrate attainment and maintenance of the relevant NAAQSes 
        by the attainment date specified under the applicable provision 
        of this division (including a regulation promulgated under that 
        provision); and
          (2) the submitting State establishes to the satisfaction of 
        the Administrator that the implementation plan would be 
        adequate to attain and maintain the relevant NAAQSes by the 
        attainment date specified under the applicable provision of 
        this division (including a regulation promulgated under that 
        provision) but for emissions emanating from outside the United 
        States.
  (b) Attainment of Ozone Levels.--Notwithstanding any other provision 
of law, a State that establishes to the satisfaction of the 
Administrator that, with respect to an ozone nonattainment area in the 
State, the State would have attained the NAAQS for ozone by the 
applicable attainment date but for emissions emanating from outside the 
United States, shall not be subject to paragraph (2) or (5) of section 
215202(a) or section 215206 of this title.
  (c) Attainment of Carbon Monoxide Levels.--Notwithstanding any other 
provision of law, a State that establishes to the satisfaction of the 
Administrator that, with respect to a carbon monoxide nonattainment 
area in the State, the State has attained the NAAQS for carbon monoxide 
by the applicable attainment date but for emissions emanating from 
outside the United States, shall not be subject to section 215302(b)(2) 
of this title.
  (d) Attainment of PM-10 Levels.--Notwithstanding any other provision 
of law, a State that establishes to the satisfaction of the 
Administrator that, with respect to a PM-10 nonattainment area in the 
State, the State would have attained the NAAQS for carbon monoxide by 
the applicable attainment date but for emissions emanating from outside 
the United States, shall not be subject to section 215402(b)(2) of this 
title.

   Subchapter II--Additional Provisions for Ozone Nonattainment Areas

Sec. 215201. Definitions
  In this subchapter:
          (1) Applicable milestone.--The term ``applicable milestone'' 
        means a reduction in omissions described in section 
        215203(g)(1) of this title.
          (2) Extreme area.--The term ``extreme area'' means an area 
        that is classified as an extreme area under section 215202 of 
        this title.
          (3) Marginal area.--The term ``marginal area'' means an area 
        that is classified as a marginal area under section 215202 of 
        this title.
          (4) Moderate area.--The term ``moderate area'' means an area 
        that is classified as a moderate area under section 215202 of 
        this title.
          (5) Next higher classification.--The term ``next higher 
        classification'', with respect to a classification related to 
        any set of design values in table 1, means the classification 
        that is related to the next higher set of design values in 
        table 1.
          (6) Serious area.--The term ``serious area'' means an area 
        that is classified as a serious area under section 215202 of 
        this title.
          (7) Severe area.--The term ``severe area'' means an area that 
        is classified as a severe area under section 215202 of this 
        title.
          (8) Table 1.--The term ``table 1'' means table 1 in section 
        215202(a)(1) of this title.
Sec. 215202. Classifications and attainment dates
  (a) Classification and Attainment Dates for 1989 Nonattainment 
Areas.--
          (1) In general.--Each area designated nonattainment for ozone 
        pursuant to section 211107(d) of this title shall be classified 
        at the time of designation, under table 1, by operation of law, 
        as a marginal area, moderate area, serious area, severe area, 
        or extreme area based on the design value for the area. The 
        design value shall be calculated according to the 
        interpretation methodology issued by the Administrator most 
        recently before November 15, 1990. For each area classified 
        under this subsection, the primary standard attainment date for 
        ozone shall be achieved as expeditiously as practicable but not 
        later than the date provided in table 1.

                                                     TABLE 1
----------------------------------------------------------------------------------------------------------------
               Area class                          Design value*            Primary standard  attainment date**
----------------------------------------------------------------------------------------------------------------
Marginal...............................  0.121 up to 0.138...............  3 years after November 15, 1990
Moderate...............................  0.138 up to 0.160...............  6 years after November 15, 1990
Serious................................  0.160 up to 0.180...............  9 years after November 15, 1990
Severe.................................  0.180 up to 0.280...............  15 years after November 15, 1990
Extreme................................  0.280 and above.................  20 years after November 15, 1990
----------------------------------------------------------------------------------------------------------------
*The design value is measured in parts per million (ppm).
**The primary standard attainment date is measured from November 15, 1990.

          (2) Certain severe areas.--Notwithstanding table 1, in the 
        case of a severe area with a 1988 ozone design value between 
        0.190 and 0.280 part per million, the attainment date shall be 
        17 years (in lieu of 15 years) after November 15, 1990.
          (3) Notice.--At the time of publication of the notice under 
        section 211107(d)(4) of this title for each ozone nonattainment 
        area, the Administrator shall publish a notice announcing the 
        classification of the ozone nonattainment area. Section 
        215102(a)(1)(B) of this title shall apply to such a 
        classification.
          (4) Adjustment.--
                  (A) In general.--If an area classified under 
                paragraph (1) would have been classified in another 
                category if the design value in the area were 5 percent 
                greater or 5 percent less than the level on which the 
                classification was based, the Administrator may, within 
                90 days after the initial classification, by the 
                procedure required under paragraph (3), adjust the 
                classification to place the area in the other category.
                  (B) Considerations.--In making an adjustment under 
                subparagraph (A), the Administrator may consider--
                          (i) the number of exceedances of the primary 
                        NAAQS for ozone in the area;
                          (ii) the level of pollution transport between 
                        the area and other affected areas, including 
                        both intrastate and interstate transport; and
                          (iii) the mix of sources and air pollutants 
                        in the area.
          (5) Extension.--
                  (A) In general.--On application by any State, the 
                Administrator may extend for 1 additional year 
                (referred to in this paragraph as an ``extension 
                year'') the date specified in table 1 if--
                          (i) the State has complied with all 
                        requirements and commitments pertaining to the 
                        area in the applicable implementation plan; and
                          (ii) not more than 1 exceedance of the NAAQS 
                        level for ozone has occurred in the area in the 
                        year preceding the extension year.
                  (B) Limitation.--Not more than 2 one-year extensions 
                may be issued under this paragraph for a single 
                nonattainment area.
  (b) New Designations and Reclassifications.--
          (1) New designations to nonattainment.--Any area that is 
        designated attainment or unclassifiable for ozone under section 
        211107(d)(4) of this title and is subsequently redesignated to 
        nonattainment for ozone under section 211107(d)(3) of this 
        title shall, at the time of redesignation, be classified by 
        operation of law in accordance with table 1. Upon its 
        classification, the area shall be subject to the same 
        requirements under section 211110 of this title, subchapter I, 
        and this subchapter that would have applied had the area been 
        so classified at the time of the notice under subsection 
        (a)(3), except that any absolute, fixed date applicable in 
        connection with any such requirement is extended by operation 
        of law by a period equal to the length of time between November 
        15, 1990, and the date on which the area is classified under 
        this paragraph.
          (2) Reclassification on failure to attain.--
                  (A) Determination.--Within 6 months following the 
                applicable attainment date (including any extension) 
                for an ozone nonattainment area, the Administrator 
                shall determine, based on the area's design value (as 
                of the attainment date), whether the area attained the 
                NAAQS by that date.
                  (B) Reclassification.--Except for any severe area or 
                extreme area, any area that the Administrator finds has 
                not attained the NAAQS by that date shall be 
                reclassified by operation of law in accordance with 
                table 1 to the higher of--
                          (i) the next higher classification for the 
                        area; or
                          (ii) the classification applicable to the 
                        area's design value as determined at the time 
                        of the notice required under subparagraph (D).
                  (C) No reclassification as extreme area.--No area 
                shall be reclassified as an extreme area under 
                subparagraph (B)(ii).
                  (D) Notice.--The Administrator shall publish a notice 
                in the Federal Register, not later than 6 months 
                following the attainment date, identifying each area 
                that the Administrator has determined under 
                subparagraph (A) as having failed to attain and 
                identifying the reclassification, if any, described 
                under subparagraph (B).
          (3) Voluntary reclassification.--The Administrator shall 
        grant the request of any State to reclassify a nonattainment 
        area in that State in accordance with table 1 to a higher 
        classification. The Administrator shall publish a notice in the 
        Federal Register of any such request and of action by the 
        Administrator granting the request.
          (4) Failure of severe area to attain standard.--
                  (A) In general.--
                          (i) Sanctions.--If any severe area fails to 
                        achieve the primary NAAQS for ozone by the 
                        applicable attainment date (including any 
                        extension)--
                                  (I) the fee provisions under section 
                                215206 of this title shall apply within 
                                the severe area; and
                                  (II)(aa) the percent reduction 
                                requirements of section 215203(c)(4)(C) 
                                of this title shall continue to apply 
                                to the severe area; and
                                  (bb) the State shall demonstrate that 
                                the required percent reduction has been 
                                achieved in each 3-year interval after 
                                such failure until the standard is 
                                attained.
                          (ii) Failure to make demonstration.--Any 
                        failure to make a demonstration under clause 
                        (i)(II)(bb) shall be subject to the sanctions 
                        provided under this chapter.
                  (B) Design value above 0.140 part per million or 
                failure to achieve milestone.--In addition to the 
                requirements of subparagraph (A), if the ozone design 
                value for a severe area described in subparagraph (A) 
                is above 0.140 part per million for the year of the 
                applicable attainment date, or if the severe area has 
                failed to achieve its most recent milestone under 
                section 215203(g) of this title, the new source review 
                requirements applicable under this subchapter in 
                extreme areas shall apply in the severe area, for which 
                purpose the terms ``major source'' and ``major 
                stationary source'' as applied to the severe area shall 
                have the same meaning as when applied to extreme areas.
                  (C) Additional requirements.--In addition to the 
                requirements of subparagraph (A), in the case of an 
                area described in subparagraph (A) and not described in 
                subparagraph (B), the provisions described in 
                subparagraph (B) shall apply beginning 3 years after 
                the applicable attainment date unless the area has 
                attained the standard by the end of that 3-year period.
                  (D) Modification of method of determining 
                compliance.--If the Administrator modifies the method 
                of determining compliance with the primary NAAQS, a 
                design value or other indicator comparable to 0.140 
                part per million in terms of its relationship to the 
                standard shall be used in lieu of 0.140 part per 
                million for purposes of applying subparagraphs (B) and 
                (C).
Sec. 215203. Plan provisions
  (a) Marginal Areas.--
          (1) In general.--Each State in which all or part of a 
        marginal area is located shall, with respect to the marginal 
        area (or portion thereof, to the extent specified in this 
        subsection), include in its applicable implementation plan the 
        provisions (including the plan items) described under this 
        subsection.
          (2) Inventory.--A State shall submit a comprehensive, 
        accurate, current inventory of actual emissions from all 
        sources, as described in section 215102(c)(3) of this title, in 
        accordance with guidance provided by the Administrator.
          (3) Corrections to state implementation plan.--
                  (A) In general.--Within the periods prescribed in 
                this paragraph, a State shall meet the requirements 
                stated in subparagraphs (B) and (C).
                  (B) Reasonably available control technology 
                corrections.--For any marginal area (or, in the 
                Administrator's discretion, any portion of a marginal 
                area), a State applicable implementation plan shall 
                include, within 6 months after the date of 
                classification under section 215202(a) of this title, 
                such requirements concerning reasonably available 
                control technology as were required under section 
                172(b) of the Clean Air Act (42 U.S.C. 7502(b)) as in 
                effect on November 14, 1990, as interpreted in guidance 
                issued by the Administrator under section 108 of the 
                Clean Air Act (42 U.S.C. 7408) before November 15, 
                1990.
                  (C) Vehicle inspection and maintenance.--
                          (i) Stringency.--For any marginal area (or, 
                        in the Administrator's discretion, any portion 
                        of a marginal area), the plan for which 
                        includes, or was required by section 
                        172(b)(11)(B) of the Clean Air Act (42 U.S.C. 
                        7502(b)(11)(B)) (as in effect before November 
                        15, 1990) to include, a specific schedule for 
                        implementation of a vehicle emission control 
                        inspection and maintenance program, a State 
                        applicable implementation plan shall include 
                        any provisions necessary to provide for a 
                        vehicle inspection and maintenance program of 
                        no less stringency than that of the more 
                        stringent of--
                                  (I) the program defined in House 
                                Report No. 95-294, 95th Congress, 1st 
                                Session, 281-291 (1977), as interpreted 
                                in guidance of the Administrator issued 
                                pursuant to section 172(b)(11)(B) of 
                                the Clean Air Act (42 U.S.C. 
                                7502(b)(11)(B)) (as in effect before 
                                November 15, 1990); or
                                  (II) the program previously included 
                                in the plan.
                          (ii) Guidance.--
                                  (I) In general.--The Administrator 
                                shall review, revise, update, and 
                                republish in the Federal Register the 
                                guidance for the States for motor 
                                vehicle inspection and maintenance 
                                programs required by this division, 
                                taking into consideration the 
                                Administrator's investigations and 
                                audits of the program.
                                  (II) Coverage.--The guidance shall, 
                                at a minimum, cover--
                                          (aa) the frequency of 
                                        inspections;
                                          (bb) the types of vehicles to 
                                        be inspected (which shall 
                                        include leased vehicles that 
                                        are registered in the 
                                        nonattainment area);
                                          (cc) vehicle maintenance by 
                                        owners and operators;
                                          (dd) audits by the State;
                                          (ee) the test method and 
                                        measures, including whether 
                                        centralized or decentralized;
                                          (ff) inspection methods and 
                                        procedures;
                                          (gg) quality of inspection;
                                          (hh) components covered;
                                          (ii) assurance that a vehicle 
                                        subject to a recall notice from 
                                        a manufacturer has complied 
                                        with that notice; and
                                          (jj) effective implementation 
                                        and enforcement, including 
                                        ensuring that any retesting of 
                                        a vehicle after a failure shall 
                                        include proof of corrective 
                                        action and providing for denial 
                                        of vehicle registration in the 
                                        case of tampering or 
                                        misfueling.
                                  (III) Flexibility.--The guidance, 
                                which shall be incorporated in the 
                                applicable State implementation plans 
                                by the States, shall provide a State 
                                with continued reasonable flexibility 
                                to fashion effective, reasonable, and 
                                fair programs for the affected 
                                consumer.
                                  (IV) Submission of revision.--Not 
                                later than 2 years after the 
                                Administrator promulgates regulations 
                                under section 221102(l)(3) of this 
                                title, a State shall submit a revision 
                                to the program to meet any requirements 
                                that the Administrator may prescribe 
                                under that section.
                  (D) Permit programs.--A State applicable 
                implementation plan shall include each of the 
                following:
                          (i) Provisions to require permits, in 
                        accordance with sections 215102(c)(5) and 
                        215103 of this title, for the construction and 
                        operation of each new or modified major 
                        stationary source (with respect to ozone) to be 
                        located in the marginal area.
                          (ii) Provisions to correct requirements in 
                        (or add requirements to) the plan concerning 
                        permit programs as were required under section 
                        172(b)(6) of the Clean Air Act (42 U.S.C. 
                        7502(b)(6)) (as in effect before November 15, 
                        1990), as interpreted in regulations of the 
                        Administrator promulgated as of November 15, 
                        1990.
          (4) Periodic inventory.--
                  (A) General requirement.--Not later than the end of 
                each 3-year period after submission of the inventory 
                under paragraph (2) until the marginal area is 
                redesignated to attainment, the State shall submit a 
                revised inventory meeting the requirements of paragraph 
                (2).
                  (B) Emissions statements.--
                          (i) In general.--At least annually, a State 
                        shall submit a revision to the State 
                        implementation plan to require that the owner 
                        or operator of each stationary source of 
                        nitrogen oxides or volatile organic compounds 
                        provide the State with a statement, in such 
                        form as the Administrator may prescribe (or 
                        accept an equivalent alternative developed by 
                        the State), for classes or categories of 
                        sources, showing the actual emissions of 
                        nitrogen oxides and volatile organic compounds 
                        from that source. The statement shall contain a 
                        certification that the information contained in 
                        the statement is accurate to the best knowledge 
                        of the individual certifying the statement.
                          (ii) Waiver.--A State may waive the 
                        application of clause (i) to any class or 
                        category of stationary sources that emit less 
                        than 25 tons per year of volatile organic 
                        compounds or nitrogen oxides if the State, in 
                        its submissions under paragraph (2) or 
                        subparagraph (A), provides an inventory of 
                        emissions from the class or category of sources 
                        based on the use of the emission factors 
                        established by the Administrator or other 
                        methods acceptable to the Administrator.
          (5) General offset requirement.--For purposes of satisfying 
        the emission offset requirements of this chapter, the ratio of 
        total emission reductions of volatile organic compounds to 
        total increased emissions of volatile organic compounds shall 
        be at least 1.1 to 1.
          (6) Schedule.--The Administrator may require States to submit 
        a schedule for submitting any of the revisions or other items 
        required under this subsection.
          (7) Applicability of subsection in lieu of other 
        requirements.--The requirements of this subsection shall apply 
        in lieu of any requirement that the State submit a 
        demonstration that the applicable implementation plan provides 
        for attainment of the ozone standard by the applicable 
        attainment date in any marginal area.
          (8) Contingency measures.--Section 215102(c)(9) of this title 
        shall not apply to a marginal area.
  (b) Moderate Areas.--
          (1) In general.--Each State in which all or part of a 
        moderate area is located shall include in its applicable 
        implementation plan the provisions described under this 
        subsection and subsection (a).
          (2) Plan provisions for reasonable further progress.--
                  (A) Definition of baseline emissions.--In this 
                paragraph, the term ``baseline emissions'' means the 
                total amount of actual volatile organic compound or 
                nitrogen oxide emissions from all anthropogenic sources 
                in a moderate area during calendar year 1990, excluding 
                emissions that would be eliminated under the 
                regulations described in clauses (i) and (ii) of 
                subparagraph (D).
                  (B) General rule.--
                          (i) Plan provision.--A State applicable 
                        implementation plan shall provide for volatile 
                        organic compound emission reductions of at 
                        least 15 percent from baseline emissions, 
                        accounting for any growth in emissions after 
                        1990. The plan shall provide for such specific 
                        annual reductions in emissions of volatile 
                        organic compounds and nitrogen oxides as are 
                        necessary to attain the primary NAAQS for ozone 
                        by the attainment date applicable under this 
                        division.
                          (ii) Percentage.--
                                  (I) In general.--A percentage of less 
                                than 15 percent may be used for 
                                purposes of clause (i) in the case of a 
                                State that demonstrates to the 
                                satisfaction of the Administrator 
                                that--
                                          (aa) new source review 
                                        provisions are applicable in 
                                        the nonattainment areas in the 
                                        same manner and to the same 
                                        extent as are required under 
                                        subsection (e) in the case of 
                                        extreme areas (with the 
                                        exception that, in applying 
                                        those provisions, the terms 
                                        ``major source'' and ``major 
                                        stationary source'' shall 
                                        include (in addition to the 
                                        sources described in section 
                                        201101 of this title) any 
                                        stationary source or group of 
                                        sources located within a 
                                        contiguous area and under 
                                        common control that emits, or 
                                        has the potential to emit, at 
                                        least 5 tons per year of 
                                        volatile organic compounds);
                                          (bb) reasonably available 
                                        control technology is required 
                                        for all existing major sources 
                                        (as defined in item (aa)); and
                                          (cc) the plan reflecting a 
                                        lesser percentage than 15 
                                        percent includes all measures 
                                        that can feasibly be 
                                        implemented in an area, in 
                                        light of technological 
                                        achievability.
                                  (II) Measures achieved in practice.--
                                To qualify for a lesser percentage 
                                under this clause, a State shall 
                                demonstrate to the satisfaction of the 
                                Administrator that the plan for the 
                                area includes the measures that are 
                                achieved in practice by sources in the 
                                same source category in nonattainment 
                                areas of the next higher 
                                classification.
                          (iii) Applicability of subparagraph.--This 
                        subparagraph shall not apply in the case of 
                        nitrogen oxides for areas for which the 
                        Administrator determines (when the 
                        Administrator approves a plan or plan revision) 
                        that additional reductions of nitrogen oxides 
                        would not contribute to attainment.
                  (C) General rule for creditability of reductions.--
                Except as provided under subparagraph (D), emission 
                reductions are creditable toward the 15 percent 
                required under subparagraph (B) to the extent that the 
                emission reductions have actually occurred, as of 6 
                years after November 15, 1990, as a result of the 
                implementation of measures required under the 
                applicable implementation plan, regulations promulgated 
                by the Administrator, or a permit under subdivision 6.
                  (D) Limits on creditability of reductions.--Emission 
                reductions from the following measures are not 
                creditable toward the 15 percent reductions required 
                under subparagraph (B):
                          (i) Any measure relating to motor vehicle 
                        exhaust or evaporative emissions promulgated by 
                        the Administrator by January 1, 1990.
                          (ii) Regulations concerning Reid vapor 
                        pressure promulgated by the Administrator by 
                        November 15, 1990, or required to be 
                        promulgated under section 221111(h) of this 
                        title.
                          (iii) Measures required under subsection 
                        (a)(3)(B) concerning corrections to 
                        implementation plans prescribed under guidance 
                        by the Administrator.
                          (iv) Measures required under subsection 
                        (a)(3)(C) concerning corrections to motor 
                        vehicle inspection and maintenance programs.
          (3) Reasonably available control technology.--
                  (A) In general.--A State applicable implementation 
                plan shall include provisions to require the 
                implementation of reasonably available control 
                technology under section 215102(c)(1) of this title 
                with respect to each of the following:
                          (i) Each category of volatile organic 
                        compound sources in the area covered by a 
                        control technique guidelines document issued by 
                        the Administrator between November 15, 1990, 
                        and the date of attainment.
                          (ii) All volatile organic compound sources in 
                        the area covered by any control technique 
                        guideline issued before November 15, 1990.
                          (iii) All other major stationary sources of 
                        volatile organic compounds that are located in 
                        the area.
                  (B) Time for submission.--Each provision described in 
                subparagraph (A)(i) shall be submitted within the 
                period set forth by the Administrator in issuing the 
                relevant control technique guidelines document. The 
                provisions with respect to sources described in clauses 
                (ii) and (iii) of subparagraph (A) shall provide for 
                the implementation of the required measures as 
                expeditiously as practicable.
          (4) Gasoline vapor recovery.--
                  (A) Definition of adoption date.--In this paragraph, 
                the term ``adoption date'' means the date of adoption 
                by a State of requirements for the installation and 
                operation of a system for gasoline vapor recovery of 
                emissions from the fueling of motor vehicles.
                  (B) General rule.--
                          (i) Requirement.--A State applicable 
                        implementation plan shall require all owners or 
                        operators of gasoline dispensing systems to 
                        install and operate, by the date prescribed 
                        under subparagraph (C), a system for gasoline 
                        vapor recovery of emissions from the fueling of 
                        motor vehicles.
                          (ii) Guidance.--The Administrator shall issue 
                        guidance as appropriate as to the effectiveness 
                        of the system.
                          (iii) Applicability.--This subparagraph shall 
                        apply only to facilities that sell more than--
                                  (I) 10,000 gallons of gasoline per 
                                month; or
                                  (II) in the case of an independent 
                                small business marketer of gasoline (as 
                                defined in section 209114 of this 
                                title), 50,000 gallons per month.
                  (C) Effective date.--The date required under 
                subparagraph (B) shall be--
                          (i) 6 months after the adoption date, in the 
                        case of a gasoline dispensing facility for 
                        which construction commences after November 15, 
                        1990;
                          (ii) 1 year after the adoption date, in the 
                        case of a gasoline dispensing facility that 
                        dispenses at least 100,000 gallons of gasoline 
                        per month, based on average monthly sales for 
                        the 2-year period before the adoption date, and 
                        is not a facility described in clause (i); or
                          (iii) 2 years after the adoption date, in the 
                        case of all other gasoline dispensing 
                        facilities.
          (5) Motor vehicle inspection and maintenance.--For all 
        moderate areas, a State applicable implementation plan shall 
        include provisions necessary to provide for a vehicle 
        inspection and maintenance program as described in subsection 
        (a)(3)(C) (without regard to whether the area was required by 
        section 172(b)(11)(B) of the Clean Air Act (42 U.S.C. 
        7502(b)(11)(B)) (as in effect before November 15, 1990) to have 
        included a specific schedule for implementation of such a 
        program).
          (6) General offset requirement.--For purposes of satisfying 
        the emission offset requirements of this chapter, the ratio of 
        total emission reductions of volatile organic compounds to 
        total increased emissions of volatile organic compounds shall 
        be at least 1.15 to 1.
  (c) Serious Areas.--
          (1) In general.--Except as otherwise specified in paragraph 
        (6), each State in which all or part of a serious area is 
        located shall, with respect to the serious area (or portion 
        thereof, to the extent specified in this subsection), include 
        in its applicable implementation plan (including the plan 
        items) the provisions described under this subsection and 
        subsection (b) (except that any reference to an attainment date 
        in subsection (b), incorporated by reference in this 
        subsection, shall refer to the attainment date for serious 
        areas).
          (2) Major source; major stationary source.--For any serious 
        area, the terms ``major source'' and ``major stationary 
        source'' include (in addition to the sources described in 
        section 201101 of this title) any stationary source or group of 
        sources located within a contiguous area and under common 
        control that emits, or has the potential to emit, at least 50 
        tons per year of volatile organic compounds.
          (3) Enhanced monitoring.--
                  (A) Regulations.--To obtain more comprehensive and 
                representative data on ozone air pollution, the 
                Administrator shall promulgate regulations, after 
                notice and public comment, for enhanced monitoring of 
                ozone, nitrogen oxides, and volatile organic compounds. 
                The regulations shall cover the location and 
                maintenance of monitors.
                  (B) State action.--Immediately following the 
                promulgation of regulations by the Administrator 
                relating to enhanced monitoring, a State shall commence 
                such actions as may be necessary to adopt and implement 
                a program based on the regulations to improve 
                monitoring for ambient concentrations of ozone, 
                nitrogen oxides, and volatile organic compounds and to 
                improve monitoring of emissions of nitrogen oxides and 
                volatile organic compounds. Each State implementation 
                plan for the area shall contain measures to improve the 
                ambient monitoring of those air pollutants.
          (4) Attainment demonstrations; reasonable further progress 
        demonstrations.--
                  (A) In general.--A State applicable implementation 
                plan shall include an attainment demonstration 
                described in subparagraph (B) and a reasonable further 
                progress demonstration described in subparagraph (C).
                  (B) Attainment demonstration.--A State applicable 
                implementation plan shall include a demonstration that 
                the plan will provide for attainment of the ozone NAAQS 
                by the applicable attainment date. The attainment 
                demonstration shall be based on photochemical grid 
                modeling or any other analytical method determined by 
                the Administrator, in the Administrator's discretion, 
                to be at least as effective.
                  (C) Reasonable further progress demonstration.--
                          (i) Volatile organic compound control.--
                                  (I) In general.--A State applicable 
                                implementation plan shall include a 
                                demonstration that the plan will result 
                                in volatile organic compound emission 
                                reductions from the baseline emissions 
                                (as defined in subsection (b)(2)(A)) 
                                equal to 1 of the following amounts 
                                averaged over each consecutive 3-year 
                                period beginning 6 years after November 
                                15, 1990, until the attainment date:
                                          (aa) At least 3 percent of 
                                        baseline emissions each year.
                                          (bb) An amount less than 3 
                                        percent of baseline emissions 
                                        each year, if the State 
                                        demonstrates to the 
                                        satisfaction of the 
                                        Administrator that the plan 
                                        reflecting such a lesser amount 
                                        includes all measures that can 
                                        feasibly be implemented in the 
                                        area, in light of technological 
                                        achievability.
                                  (II) Less than 3 percent reduction.--
                                To lessen the 3 percent requirement 
                                under subclause (I)(bb), a State shall 
                                demonstrate to the satisfaction of the 
                                Administrator that the plan for the 
                                area includes the measures that are 
                                achieved in practice by sources in the 
                                same source category in nonattainment 
                                areas of the next higher 
                                classification. Any determination to 
                                lessen the 3 percent requirement shall 
                                be reviewed at each applicable 
                                milestone under subsection (g) and 
                                revised to reflect such new measures 
                                (if any) achieved in practice by 
                                sources in the same category in any 
                                State, allowing a reasonable amount of 
                                time to implement the measures.
                                  (III) Calculation of emission 
                                reductions.--The emission reductions 
                                described in this clause shall be 
                                calculated in accordance with 
                                subparagraphs (C) and (D) of subsection 
                                (b)(2). The reductions creditable for 
                                the period beginning 6 years after 
                                November 15, 1990, shall include 
                                reductions that occurred before that 
                                period, calculated in accordance with 
                                subsection (b)(2), that exceed the 15-
                                percent amount of reductions required 
                                under subsection (b)(2)(B).
                          (ii) Nitrogen oxide control.--A provision 
                        under this subparagraph may contain, in lieu of 
                        the volatile organic compound control 
                        demonstration described in clause (i), a 
                        demonstration to the satisfaction of the 
                        Administrator that the applicable 
                        implementation plan provides for reductions of 
                        emissions of volatile organic compounds and 
                        nitrogen oxides (calculated according to the 
                        creditability provisions of subparagraphs (C) 
                        and (D) of subsection (b)(2)), that would 
                        result in a reduction in ozone concentrations 
                        at least equivalent to that which would result 
                        from the amount of emission reductions required 
                        under clause (i). The Administrator shall issue 
                        guidance concerning the conditions under which 
                        nitrogen oxide control may be substituted for 
                        volatile organic compound control or may be 
                        combined with volatile organic compound control 
                        to maximize the reduction in ozone air 
                        pollution. In accord with such guidance, a 
                        lesser percentage of volatile organic compounds 
                        may be accepted as an adequate demonstration 
                        for purposes of this subsection.
          (5) Enhanced vehicle inspection and maintenance program.--
                  (A) Requirement for submission.--A State shall 
                include in its applicable implementation plan a 
                provision for an enhanced program to reduce hydrocarbon 
                emissions and nitrogen oxide emissions from in-use 
                motor vehicles registered in each urbanized area (in 
                the nonattainment area), as defined by the Bureau of 
                the Census, with a 1980 population of 200,000 or more.
                  (B) Effective date of state programs; guidance.--
                          (i) In general.--The State program required 
                        under subparagraph (A) shall comply in all 
                        respects with guidance published in the Federal 
                        Register (and from time to time revised) by the 
                        Administrator for enhanced vehicle inspection 
                        and maintenance programs.
                          (ii) Contents.--The guidance shall include--
                                  (I) a performance standard achievable 
                                by a program combining emission 
                                testing, including on-road emission 
                                testing, with inspection to detect 
                                tampering with emission control devices 
                                and misfueling for all light-duty 
                                vehicles and all light-duty trucks 
                                subject to standards under section 
                                221102 of this title; and
                                  (II) program administration features 
                                necessary to reasonably ensure that 
                                adequate management resources, tools, 
                                and practices are in place to attain 
                                and maintain the performance standard.
                          (iii) Compliance.--Compliance with the 
                        performance standard under clause (ii)(I) shall 
                        be determined using a method established by the 
                        Administrator.
                  (C) State program.--
                          (i) In general.--A State program under 
                        subparagraph (A) shall include, at a minimum, 
                        each of the following elements:
                                  (I) Computerized emission analyzers, 
                                including on-road testing devices.
                                  (II) No waivers for vehicles and 
                                parts covered by the emission control 
                                performance warranty as provided for in 
                                section 221107(c) of this title unless 
                                a warranty remedy has been denied in 
                                writing, or for tampering-related 
                                repairs.
                                  (III) In view of the air quality 
                                purpose of the program, if, for any 
                                vehicle, waivers are permitted for 
                                emissions-related repairs not covered 
                                by warranty, an expenditure to qualify 
                                for the waiver of an amount of $450 or 
                                more for such repairs (adjusted 
                                annually as determined by the 
                                Administrator on the basis of the 
                                Consumer Price Index in the same manner 
                                as provided in subdivision 6).
                                  (IV) Enforcement through denial of 
                                vehicle registration (except for any 
                                program in operation before November 
                                15, 1990, whose enforcement mechanism 
                                is demonstrated to the Administrator to 
                                be more effective than the applicable 
                                vehicle registration program in 
                                ensuring that noncomplying vehicles are 
                                not operated on public roads).
                                  (V) Annual emission testing and 
                                necessary adjustment, repair, and 
                                maintenance, unless the State 
                                demonstrates to the satisfaction of the 
                                Administrator that a biennial 
                                inspection, in combination with other 
                                features of the program that exceed the 
                                requirements of this division, will 
                                result in emission reductions that 
                                equal or exceed the reductions that can 
                                be obtained through annual inspections.
                                  (VI) Operation of the program on a 
                                centralized basis, unless the State 
                                demonstrates to the satisfaction of the 
                                Administrator that a decentralized 
                                program will be equally effective. An 
                                electronically connected testing 
                                system, a licensing system, or other 
                                measures (or any combination thereof) 
                                may be considered, in accordance with 
                                criteria established by the 
                                Administrator, as equally effective for 
                                such purposes.
                                  (VII) Inspection of emission control 
                                diagnostic systems and the maintenance 
                                or repair of malfunctions or system 
                                deterioration identified by or 
                                affecting such diagnostics systems.
                          (ii) Biennial reports.--Each State shall 
                        biennially submit to the Administrator a report 
                        that assesses the emission reductions achieved 
                        by the program required under this paragraph 
                        based on data collected during inspection and 
                        repair of vehicles. The methods used to assess 
                        the emission reductions shall be those 
                        established by the Administrator.
          (6) Clean-fuel vehicle programs.--
                  (A) In general.--Except to the extent that substitute 
                provisions are approved by the Administrator under 
                subparagraph (B), a State applicable implementation 
                plan shall include, for each area described under 
                chapter 225 and for each area that opts into the clean 
                fuel-vehicle program as provided in chapter 225, such 
                measures as may be necessary to ensure the 
                effectiveness of the applicable provisions of the 
                clean-fuel vehicle program prescribed under chapter 
                225, including all measures necessary to make the use 
                of clean alternative fuels in clean-fuel vehicles (as 
                defined in chapter 225) economic from the standpoint of 
                vehicle owners.
                  (B) Substitute provisions.--
                          (i) In general.--The Administrator shall 
                        approve, as a substitute for all or a portion 
                        of the clean-fuel vehicle program prescribed 
                        under chapter 225, any provision of a relevant 
                        applicable implementation plan that in the 
                        Administrator's judgment will achieve long-term 
                        reductions in ozone-producing and toxic air 
                        emissions equal to those achieved under chapter 
                        225, or the percentage thereof attributable to 
                        the portion of the clean-fuel vehicle program 
                        for which the provision is to substitute.
                          (ii) Requirement for approval.--The 
                        Administrator may approve such a provision only 
                        if it consists exclusively of provisions other 
                        than those required under this division for the 
                        area.
                          (iii) Deadline.--Any State seeking approval 
                        of such a provision must have submitted the 
                        revision to the Administrator within 24 months 
                        of November 15, 1990.
                          (iv) Rulemaking.--The Administrator shall 
                        publish the provision submitted by a State in 
                        the Federal Register on receipt. The notice 
                        shall constitute a notice of proposed 
                        rulemaking on whether to approve the provision 
                        and shall be deemed to comply with the 
                        requirements concerning notices of proposed 
                        rulemaking contained in sections 553 to 557 of 
                        title 5.
                          (v) No provision under subparagraph (a).--
                        Where the Administrator approves such a 
                        provision for any area, the State need not 
                        submit the provision required by subparagraph 
                        (A) for the area with respect to the portions 
                        of the Federal clean-fuel vehicle program for 
                        which the Administrator has approved the 
                        provision as a substitute.
                  (C) Failure to submit program.--If the Administrator 
                determines under section 215111 of this title that a 
                State has failed to submit any portion of the program 
                required under subparagraph (A), in addition to any 
                sanctions available under section 215111 of this title, 
                the State may not receive credit, in any demonstration 
                of attainment or reasonable further progress for the 
                area, for any emission reductions from implementation 
                of the corresponding aspects of the Federal clean-fuel 
                vehicle requirements established in chapter 225.
          (7) Transportation control.--
                  (A) In general.--Every 3 years, a State shall submit 
                a demonstration whether current aggregate vehicle 
                mileage, aggregate vehicle emissions, congestion 
                levels, and other relevant parameters are consistent 
                with those used for the area's demonstration of 
                attainment.
                  (B) Exceedance.--Where such parameters and emissions 
                levels exceed the levels projected for purposes of the 
                area's attainment demonstration, the State shall within 
                18 months develop and submit a revision of the 
                applicable implementation plan that includes a 
                transportation control measures program that includes 
                measures described in section 211108(f) of this title 
                that will reduce emissions to levels that are 
                consistent with emission levels projected in the 
                demonstration. In considering such measures, the State 
                should ensure adequate access to downtown, other 
                commercial, and residential areas and should avoid 
                measures that increase or relocate emissions and 
                congestion rather than reduce them.
                  (C) Development; schedules.--A revision under 
                subparagraph (B)--
                          (i) shall be developed in accordance with 
                        guidance issued by the Administrator pursuant 
                        to section 211108(e) of this title and with the 
                        requirements of section 215104(b) of this 
                        title; and
                          (ii) shall include implementation and funding 
                        schedules that achieve expeditious emissions 
                        reductions in accordance with implementation 
                        plan projections.
          (8) De minimis rule.--The new source review provisions under 
        this chapter shall ensure that increased emissions of volatile 
        organic compounds resulting from any physical change in, or 
        change in the method of operation of, a stationary source 
        located in the serious area shall not be considered de minimis 
        for purposes of determining the applicability of the permit 
        requirements established by this division unless the increase 
        in net emissions of volatile organic compounds from the 
        stationary source does not exceed 25 tons when aggregated with 
        all other net increases in emissions from the source over any 
        period of 5 consecutive calendar years that includes the 
        calendar year in which the increase occurred.
          (9) Special rule for modification of sources emitting less 
        than 100 tons.--
                  (A) In general.--Except as provided in subparagraph 
                (B), in the case of any major stationary source of 
                volatile organic compounds located in the serious area 
                (other than a source that emits or has the potential to 
                emit 100 tons or more of volatile organic compounds per 
                year), whenever any change (as described in section 
                211111(a)(2) of this title) at that source results in 
                any increase (other than a de minimis increase) in 
                emissions of volatile organic compounds from any 
                discrete operation, unit, or other pollutant emitting 
                activity at the source, the change shall be considered 
                to be a modification for purposes of sections 
                215102(c)(5) and 215103(a) of this title, but in 
                applying section 215103(a)(1)(B) of this title in the 
                case of any such modification, the best available 
                control technology (as defined in section 213102 of 
                this title) shall be substituted for the lowest 
                achievable emission rate.
                  (B) Election to offset.--A change described in 
                subparagraph (A) shall not be considered to be a 
                modification for the purposes described in subparagraph 
                (A) if the owner or operator of the source elects to 
                offset the increase by a greater reduction in emissions 
                of volatile organic compounds concerned from other 
                operations, units, or activities within the source at 
                an internal offset ratio of at least 1.3 to 1.
                  (C) Election not made.--If the owner or operator does 
                not make the election described in subparagraph (B), 
                the change shall be considered a modification for the 
                purposes described in subparagraph (A), but in applying 
                section 215103(a)(1)(B) of this title in the case of 
                any such modification, the best available control 
                technology, as defined in section 213102 of this title, 
                shall be substituted for the lowest achievable emission 
                rate.
                  (D) Policies and procedures.--The Administrator shall 
                establish and publish policies and procedures for 
                implementing this paragraph.
          (10) Special rule for modifications of sources emitting 100 
        tons or more.--
                  (A) In general.--Except as provided in subparagraph 
                (B), in the case of any major stationary source of 
                volatile organic compounds located in the serious area 
                that emits or has the potential to emit 100 tons or 
                more of volatile organic compounds per year, whenever 
                any change (as described in section 211111(a)(2) of 
                this title) at that source results in any increase 
                (other than a de minimis increase) in emissions of 
                volatile organic compounds from any discrete operation, 
                unit, or other pollutant emitting activity at the 
                source, the change shall be considered a modification 
                for purposes of sections 215102(c)(5) and 215103(a) of 
                this title.
                  (B) Election to offset.--If the owner or operator of 
                the source elects to offset the increase by a greater 
                reduction in emissions of volatile organic compounds 
                from other operations, units, or activities within the 
                source at an internal offset ratio of at least 1.3 to 
                1, the requirements of section 215103(a)(1)(B) of this 
                title shall not apply.
          (11) Contingency provisions.--In addition to the contingency 
        provisions required under section 215102(c)(9) of this title, 
        the plan revision shall provide for the implementation of 
        specific measures to be undertaken if the serious area fails to 
        meet any applicable milestone. The measures shall be included 
        in the plan provision as contingency measures to take effect 
        without further action by the State or the Administrator on a 
        failure by the State to meet the applicable milestone.
          (12) General offset requirement.--For purposes of satisfying 
        the emission offset requirements of this chapter, the ratio of 
        total emission reductions of volatile organic compounds to 
        total increase emissions of an air pollutant shall be at least 
        1.2 to 1.
  (d) Severe Areas.--
          (1) In general.--Each State in which all or part of a severe 
        area is located shall, with respect to the severe area, include 
        in its applicable implementation plan the provisions (including 
        plan items) described under this subsection and subsection (c) 
        (except that any reference to an attainment date in subsection 
        (b) or (c), incorporated by reference in this subsection, shall 
        refer to the attainment date for severe areas).
          (2) Major source; major stationary source.--For any severe 
        area, the terms ``major source'' and ``major stationary 
        source'' include (in addition to the sources described in 
        section 201101 of this title) any stationary source or group of 
        sources located within a contiguous area and under common 
        control that emits, or has the potential to emit, at least 25 
        tons per year of volatile organic compounds.
          (3) Vehicle miles traveled.--
                  (A) Transportation control strategies and 
                transportation control measures.--
                          (i) In general.--A State applicable 
                        implementation plan shall include a provision 
                        that identifies and adopts specific enforceable 
                        transportation control strategies and 
                        transportation control measures to offset any 
                        growth in emissions from growth in vehicle 
                        miles traveled or numbers of vehicle trips in 
                        the severe area and to attain reduction in 
                        motor vehicle emissions as necessary, in 
                        combination with other emission reduction 
                        requirements of this subchapter, to comply with 
                        subsections (b)(2) and (c)(4)(C)(i).
                          (ii) Considerations.--The State shall 
                        consider measures specified in section 
                        211108(f) of this title and choose from among 
                        and implement those measures as necessary to 
                        demonstrate attainment with the NAAQSes. In 
                        considering such measures, the State should 
                        ensure adequate access to downtown, other 
                        commercial, and residential areas and should 
                        avoid measures that increase or relocate 
                        emissions and congestion rather than reduce 
                        them.
                  (B) Programs to reduce work-related vehicle trips and 
                miles traveled by employees.--
                          (i) In general.--The State may include in its 
                        applicable implementation plan a provision 
                        requiring employers in the severe area to 
                        implement programs to reduce work-related 
                        vehicle trips and miles traveled by employees.
                          (ii) Guidance; occupancy per vehicle.--A 
                        provision described in clause (i) shall be 
                        developed in accordance with guidance issued by 
                        the Administrator pursuant to section 211108(f) 
                        of this title and may require that employers in 
                        the severe area increase average passenger 
                        occupancy per vehicle in commuting trips 
                        between home and the workplace during peak 
                        travel periods. The guidance of the 
                        Administrator may specify average vehicle 
                        occupancy rates that vary for locations within 
                        a nonattainment area (suburban, center city, 
                        business district) or among nonattainment areas 
                        reflecting existing occupancy rates and the 
                        availability of high occupancy modes.
                          (iii) Alternative methods.--Any State 
                        required to submit a revision under section 
                        182(d)(1)(B) of the Clean Air Act (42 U.S.C. 
                        7511a(d)(1)(B)) (as in effect before December 
                        23, 1995) containing provisions requiring 
                        employers to reduce work-related vehicle trips 
                        and miles traveled by employees may, in 
                        accordance with State law, remove those 
                        provisions from the implementation plan, or 
                        withdraw its submission, if the State notifies 
                        the Administrator, in writing, that the State 
                        has undertaken, or will undertake, 1 or more 
                        alternative methods that will achieve emission 
                        reductions equivalent to those to be achieved 
                        by the removed or withdrawn provisions.
          (4) Offset requirement.--For purposes of satisfying the 
        offset requirements pursuant to this chapter, the ratio of 
        total emission reductions of volatile organic compounds to 
        total increased emissions of volatile organic compounds shall 
        be at least 1.3 to 1, except that if the State applicable 
        implementation plan requires all existing major sources in the 
        nonattainment area to use best available control technology (as 
        defined in section 213102 of this title) for the control of 
        volatile organic compounds, the ratio shall be at least 1.2 to 
        1.
          (5) Enforcement under section 215206.--The State shall submit 
        a plan revision that includes the provisions required under 
        section 215206 of this title.
  (e) Extreme Areas.--
          (1) In general.--Each State in which all or part of an 
        extreme area is located shall, with respect to the extreme 
        area, include in its applicable implementation plan the 
        provisions (including plan items) described under this 
        subsection and subsection (d) (except that any reference to an 
        attainment date in subsection (b), (c), or (d), incorporated by 
        reference in this subsection, shall refer to the attainment 
        date for extreme areas).
          (2) Inapplicability of certain provisions.--Subsection 
        (b)(2)(B)(ii) and paragraphs (4)(C)(i)(I)(bb), (8), (9), and 
        (10) of subsection (c) shall not apply in the case of an 
        extreme area.
          (3) Major source; major stationary source.--For any extreme 
        area, the terms ``major source'' and ``major stationary 
        source'' include (in addition to the sources described in 
        section 201101 of this title) any stationary source or group of 
        sources located within a contiguous area and under common 
        control that emits, or has the potential to emit, at least 10 
        tons per year of volatile organic compounds.
          (4) Offset requirement.--For purposes of satisfying the 
        offset requirements pursuant to this chapter, the ratio of 
        total emission reductions of volatile organic compounds to 
        total increased emissions of volatile organic compounds shall 
        be at least 1.5 to 1, except that if the State plan requires 
        all existing major sources in the nonattainment area to use 
        best available control technology (as defined in section 213102 
        of this title) for the control of volatile organic compounds, 
        the ratio shall be at least 1.2 to 1.
          (5) Modifications.--
                  (A) In general.--Except as provided in subparagraph 
                (B), any change (as described in section 211111(a)(2) 
                of this title) at a major stationary source that 
                results in any increase in emissions from any discrete 
                operation, unit, or other pollutant-emitting activity 
                at the source shall be considered a modification for 
                purposes of sections 215102(c)(5) and 215103(a) of this 
                title.
                  (B) Election to offset.--For purposes of complying 
                with the offset requirement pursuant to section 
                215103(a)(1)(A) of this title, any change described in 
                subparagraph (A) shall not be considered to be a 
                modification if the owner or operator of the source 
                elects to offset the increase by a greater reduction in 
                emissions of the air pollutant concerned from other 
                discrete operations, units, or activities within the 
                source at an internal offset ratio of at least 1.3 to 
                1.
                  (C) Nonapplicability of offset provisions.--The 
                offset requirements of this chapter shall not be 
                applicable in extreme areas to a modification of an 
                existing source if the modification consists of 
                installation of equipment required to comply with the 
                applicable implementation plan, a permit, or this 
                division.
          (6) Use of clean fuels or advanced control technology.--
                  (A) Definition of primary fuel.--In this paragraph, 
                the term ``primary fuel'' means the fuel that is used 
                by an electric utility or industrial or commercial 
                boiler 90 percent or more of the operating time.
                  (B) Certain electric utilities and industrial and 
                commercial boilers.--For extreme areas, a State 
                applicable implementation plan shall include a 
                provision requiring that each new, modified, and 
                existing electric utility and industrial and commercial 
                boiler that emits more than 25 tons per year of 
                nitrogen oxides--
                          (i) burn as its primary fuel natural gas, 
                        methanol, or ethanol (or a comparably low-
                        polluting fuel); or
                          (ii) use advanced control technology (such as 
                        catalytic control technology or other 
                        comparably effective control methods) for 
                        reduction of emissions of nitrogen oxides.
                  (C) Applicability.--This paragraph shall not apply 
                during any natural gas supply emergency (as defined in 
                title III of the Natural Gas Policy Act of 1978 (15 
                U.S.C. 3361 et seq.)).
          (7) Traffic control measures during heavy traffic hours.--For 
        extreme areas, a State applicable implementation plan may 
        contain provisions establishing traffic control measures 
        applicable during heavy traffic hours to reduce the use of 
        high-polluting vehicles or heavy-duty vehicles, notwithstanding 
        any other provision of law.
          (8) New technologies.--
                  (A) In general.--The Administrator may, in accordance 
                with section 211110 of this title, approve provisions 
                of an implementation plan for an extreme area that 
                anticipate development of new control techniques or 
                improvement of existing control technologies, and an 
                attainment demonstration based on such provisions, if 
                the State demonstrates to the satisfaction of the 
                Administrator that--
                          (i) such provisions are not necessary to 
                        achieve the incremental emission reductions 
                        required during the 1st 10 years after November 
                        15, 1990; and
                          (ii) the State has submitted enforceable 
                        commitments to develop and adopt contingency 
                        measures to be implemented as set forth in 
                        subparagraph (B) if the anticipated 
                        technologies do not achieve planned reductions.
                  (B) Submission and approval or disapproval of 
                contingency measures.--Contingency measures described 
                in subparagraph (A) shall be submitted to the 
                Administrator not later than 3 years before proposed 
                implementation of the plan provisions and approved or 
                disapproved by the Administrator in accordance with 
                section 211110 of this title.
                  (C) Adequacy.--The contingency measures shall be 
                adequate to produce emission reductions sufficient, in 
                conjunction with other approved plan provisions, to 
                achieve the periodic emission reductions required by 
                subsection (b)(2) or (c)(4) and attainment by the 
                applicable dates.
                  (D) Failure to achieve emission reduction.--If the 
                Administrator determines that an extreme area has 
                failed to achieve an emission reduction requirement set 
                forth in subsection (b)(2) or (c)(4), and that the 
                failure is due in whole or part to an inability to 
                fully implement provisions approved pursuant to this 
                subsection, the Administrator shall require the State 
                to implement the contingency measures to the extent 
                necessary to ensure compliance with subsections (b)(2) 
                and (c)(4).
  (f) Nitrogen Oxide Requirements.--
          (1) In general.--
                  (A) Applicability of provisions relating to volatile 
                organic compounds.--The plan provisions required under 
                this subchapter for major stationary sources of 
                volatile organic compounds shall apply to major 
                stationary sources (as defined in section 201101 of 
                this title and subsections (c), (d), and (e)) of 
                nitrogen oxides.
                  (B) Nonapplicability of subsection.--This subsection 
                shall not apply in the case of nitrogen oxides for--
                          (i) sources for which the Administrator 
                        determines (when the Administrator approves a 
                        plan or plan revision) that net air quality 
                        benefits are greater in the absence of 
                        reductions of nitrogen oxides from the sources 
                        concerned; or
                          (ii)(I) nonattainment areas not within an 
                        ozone transport region under section 215205 of 
                        this title, if the Administrator determines 
                        (when the Administrator approves a plan or plan 
                        revision) that additional reductions of 
                        nitrogen oxides would not contribute to 
                        attainment of the NAAQS for ozone in the area; 
                        or
                          (II) nonattainment areas within an ozone 
                        transport region under section 215205 of this 
                        title, if the Administrator determines (when 
                        the Administrator approves a plan or plan 
                        revision) that additional reductions of 
                        nitrogen oxides would not produce net ozone air 
                        quality benefits in the ozone transport region.
                  (C) Considerations.--The Administrator shall, in the 
                Administrator's determinations under subparagraph (B), 
                consider the study required under section 215207 of 
                this title.
          (2) Limitation on applicability.--
                  (A) In general.--If the Administrator determines that 
                excess reductions in emissions of nitrogen oxides would 
                be achieved under paragraph (1), the Administrator may 
                limit the application of paragraph (1) to the extent 
                necessary to avoid achieving the excess reductions.
                  (B) Excess emission reductions.--For purposes of this 
                paragraph, excess reductions in emissions of nitrogen 
                oxides are--
                          (i) emission reductions for which the 
                        Administrator determines that net air quality 
                        benefits are greater in the absence of such 
                        emission reductions; or
                          (ii)(I) for nonattainment areas not within an 
                        ozone transport region under section 215205 of 
                        this title, emission reductions that the 
                        Administrator determines would not contribute 
                        to attainment of the NAAQS for ozone in the 
                        area; or
                          (II) for nonattainment areas within an ozone 
                        transport region under section 215205 of this 
                        title, emission reductions that the 
                        Administrator determines would not produce net 
                        ozone air quality benefits in the ozone 
                        transport region.
          (3) Petition for determination.--A person may petition the 
        Administrator for a determination under paragraph (1) or (2) 
        with respect to any nonattainment area or any ozone transport 
        region under section 215205 of this title. The Administrator 
        shall grant or deny such a petition within 6 months after its 
        filing with the Administrator.
  (g) Applicable Milestones.--
          (1) Reductions in emissions.--At intervals of 3 years, a 
        State shall determine whether each nonattainment area (other 
        than a marginal area or moderate area) has achieved a reduction 
        in emissions during the preceding intervals equivalent to the 
        total emission reductions required to be achieved by the end of 
        that interval pursuant to subsection (b)(2) and the 
        corresponding requirements of subsections (c)(4)(C), (d), and 
        (e).
          (2) Compliance demonstration.--For each nonattainment area 
        described in paragraph (1), not later than 90 days after the 
        date on which an applicable milestone occurs (not including an 
        attainment date on which an applicable milestone occurs in a 
        case in which the standard has been attained), each State in 
        which all or part of the area is located shall submit to the 
        Administrator a demonstration that the applicable milestone has 
        been met. A demonstration under this paragraph shall be 
        submitted in such form and manner, and shall contain such 
        information and analysis, as the Administrator shall require, 
        by regulation. The Administrator shall determine whether or not 
        a State's demonstration is adequate within 90 days after the 
        Administrator's receipt of a demonstration that contains the 
        information and analysis required by the Administrator.
          (3) Serious areas and severe areas.--
                  (A) State election.--If a State fails to submit a 
                demonstration under paragraph (2) for any serious area 
                or severe area within the required period or if the 
                Administrator determines that the serious area or 
                severe area has not met any applicable milestone, the 
                State shall elect, within 90 days after the failure or 
                determination--
                          (i) to have the area reclassified to the next 
                        higher classification;
                          (ii) to implement specific additional 
                        measures that are adequate, as determined by 
                        the Administrator, to meet the next applicable 
                        milestone as provided in the applicable 
                        contingency plan; or
                          (iii) to adopt an economic incentive program 
                        as described in paragraph (4).
                  (B) Additional measures.--If the State makes an 
                election under subparagraph (A)(ii), the Administrator 
                shall--
                          (i) within 90 days after the election, review 
                        the applicable contingency plan; and
                          (ii) if the Administrator finds the 
                        contingency plan inadequate, require further 
                        measures necessary to meet the applicable 
                        milestone.
                  (C) Acceptance of election.--If the State makes an 
                election, the election shall be deemed accepted by the 
                Administrator as meeting the election requirement.
                  (D) Failure to make election.--If the State fails to 
                make an election required under this paragraph within 
                the required 90-day period or within 6 months 
                thereafter, the serious area or severe area shall be 
                reclassified to the next higher classification by 
                operation of law at the expiration of the 6-month 
                period.
                  (E) Plan revision.--Within 12 months after the date 
                required for the State to make an election, the State 
                shall submit a revision of the applicable 
                implementation plan for the serious area or severe area 
                that meets the requirements of this paragraph. The 
                Administrator shall review the plan revision and 
                approve or disapprove the revision within 9 months 
                after the date of its submission.
          (4) Economic incentive program.--
                  (A) In general.--
                          (i) Consistency with regulations; 
                        sufficiency.--An economic incentive program 
                        under this paragraph shall be consistent with 
                        regulations published by the Administrator and 
                        sufficient, in combination with other elements 
                        of the State plan, to achieve the next 
                        applicable milestone.
                          (ii) Elements.--The State program may 
                        include--
                                  (I) a nondiscriminatory system, 
                                consistent with applicable law 
                                regarding interstate commerce, of 
                                State-established emission fees;
                                  (II) a system of marketable permits;
                                  (III) a system of State fees on sale 
                                or manufacture of products the use of 
                                which contributes to ozone formation;
                                  (IV) incentives and requirements to 
                                reduce vehicle emissions and vehicle 
                                miles traveled in the serious area or 
                                severe area, including any of the 
                                transportation control measures 
                                identified in section 211108(f) of this 
                                title; or
                                  (V) any combination of the foregoing 
                                or other similar measures.
                  (B) Regulations.--The Administrator shall publish 
                regulations for the programs to be adopted pursuant to 
                subparagraph (A). The regulations shall include model 
                plan provisions that may be adopted for reducing 
                emissions from permitted stationary sources, area 
                sources, and mobile sources.
                  (C) Guidelines.--The guidelines shall require that 
                any revenues generated by the plan provisions adopted 
                pursuant to subparagraph (A) shall be used by the State 
                for any of the following:
                          (i) Providing incentives for achieving 
                        emission reductions.
                          (ii) Providing assistance for the development 
                        of innovative technologies for the control of 
                        ozone air pollution and for the development of 
                        lower-polluting solvents and surface coatings. 
                        Such assistance shall not provide for the 
                        payment of more than 75 percent of the costs of 
                        any project to develop such a technology or the 
                        costs of development of a lower-polluting 
                        solvent or surface coating.
                          (iii) Funding the administrative costs of 
                        State programs under this division. Not more 
                        than 50 percent of such revenues may be used 
                        for purposes of this clause.
          (5) Extreme areas.--If a State fails to submit a 
        demonstration under paragraph (2) for any extreme area within 
        the required period, or if the Administrator determines that 
        the area has not met any applicable milestone, the State shall, 
        within 9 months after the failure or determination, submit a 
        plan revision to implement an economic incentive program that 
        meets the requirements of paragraph (4). The Administrator 
        shall review the plan revision and approve or disapprove the 
        revision within 9 months after the date of its submission.
  (h) Rural Transport Areas.--
          (1) Treatment by operation of law.--Notwithstanding any other 
        provision of this section or section 215202 of this title, a 
        State containing an ozone nonattainment area that does not 
        include, and is not adjacent to, any part of a Metropolitan 
        Statistical Area or, where one exists, a Consolidated 
        Metropolitan Statistical Area (as defined by the Bureau of the 
        Census), which area is treated by the Administrator, in the 
        Administrator's discretion, as a rural transport area within 
        the meaning of paragraph (2), shall be treated by operation of 
        law as satisfying the requirements of this section if the State 
        applicable implementation plan includes the provisions required 
        under subsection (a).
          (2) Treatment by the administrator.--The Administrator may 
        treat an ozone nonattainment area as a rural transport area if 
        the Administrator finds that sources of volatile organic 
        compounds emissions (and, where the Administrator determines it 
        to be relevant, nitrogen oxide emissions) within the area do 
        not make a significant contribution to the ozone concentrations 
        measured in the ozone nonattainment area or in other areas.
  (i) Reclassified Areas.--Each State containing an ozone nonattainment 
area reclassified under section 215202(b)(2) of this title shall meet 
such requirements of subsections (b) through (d) as may be applicable 
to the area as reclassified, according to the schedules prescribed in 
connection with those requirements, except that the Administrator may 
adjust any applicable deadlines (other than attainment dates) to the 
extent that an adjustment is necessary or appropriate to ensure 
consistency among the required provisions.
  (j) Multi-state Ozone Nonattainment Areas.--
          (1) Definition of multi-state ozone nonattainment area.--In 
        this subsection, the term ``multi-State ozone nonattainment 
        area'' means a single ozone nonattainment area that is located 
        in more than 1 State.
          (2) Coordination among states.--
                  (A) In general.--Each State in which there is located 
                a portion of a single ozone nonattainment area shall--
                          (i) take all reasonable steps to coordinate, 
                        substantively and procedurally, the provisions 
                        and implementation of State implementation 
                        plans applicable to the nonattainment area 
                        concerned; and
                          (ii) use photochemical grid modeling or any 
                        other analytical method determined by the 
                        Administrator, in the Administrator's 
                        discretion, to be at least as effective.
                  (B) No plan provision approval absent compliance.--
                The Administrator may not approve any provision of a 
                State implementation plan submitted under this 
                subchapter for a State in which part of a multi-State 
                ozone nonattainment area is located if the plan 
                revision fails to comply with this paragraph.
          (3) Failure to demonstrate attainment.--If any State in which 
        there is located a portion of a multi-State ozone nonattainment 
        area fails to provide a demonstration of attainment of the 
        NAAQS for ozone in that portion within the required period, the 
        State may petition the Administrator to make a finding that the 
        State would have been able to make such a demonstration but for 
        the failure of 1 or more other States in which other portions 
        of the multi-State ozone nonattainment area are located to 
        commit to the implementation of all measures required under 
        this section. If the Administrator makes such a finding, 
        section 215111 of this title shall not apply, by reason of the 
        failure to make such a demonstration, in the portion of the 
        multi-State ozone nonattainment area within the State 
        submitting the petition.
Sec. 215204. Federal ozone measures
  (a) Control Technique Guidelines for Volatile Organic Compound 
Sources.--The Administrator shall issue control technique guidelines, 
in accordance with section 211108 of this title, for 11 categories of 
stationary sources of volatile organic compound emissions for which 
control technique guidelines had not been issued as of November 15, 
1990, not including the categories described in paragraphs (3) and (4) 
of subsection (b). The Administrator may issue such additional control 
technique guidelines as the Administrator considers necessary.
  (b) Existing and New Control Technique Guidelines.--
          (1) Review and updating.--The Administrator shall 
        periodically review and, if necessary, update control technique 
        guidelines issued under section 108 of the Clean Air Act (42 
        U.S.C. 7408) before November 15, 1990.
          (2) Priority.--In issuing the control technique guidelines 
        the Administrator shall give priority to categories that the 
        Administrator considers to make the most significant 
        contribution to the formation of ozone air pollution in ozone 
        nonattainment areas, including hazardous waste treatment, 
        storage, and disposal facilities that are permitted under 
        subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et 
        seq.). The Administrator shall periodically review and, if 
        necessary, revise the control technique guidelines.
          (3) Aerospace coatings and solvents.--
                  (A) In general.--The Administrator shall issue 
                control technique guidelines in accordance with section 
                211108 of this title to reduce the aggregate emissions 
                of volatile organic compounds into the ambient air from 
                aerospace coatings and solvents. The control technique 
                guidelines shall, at a minimum, be adequate to reduce 
                aggregate emissions of volatile organic compounds into 
                the ambient air from the application of aerospace 
                coatings and solvents to such level as the 
                Administrator determines may be achieved through the 
                adoption of best available control measures. The 
                control technique guidelines shall provide for such 
                reductions in such increments and on such schedules as 
                the Administrator determines to be reasonable, but in 
                no event later than 10 years after the final issuance 
                of the control technique guidelines.
                  (B) Consultation.--In developing control technique 
                guidelines under this paragraph, the Administrator 
                shall consult with the Secretary of Defense, the 
                Secretary of Transportation, and the Administrator of 
                the National Aeronautics and Space Administration with 
                regard to the establishment of specifications for 
                aerospace coatings.
                  (C) Considerations.--In evaluating volatile organic 
                compound reduction strategies, the guidance shall take 
                into account--
                          (i) the applicable requirements of section 
                        211112 of this title; and
                          (ii) the need to protect stratospheric ozone.
          (4) Shipbuilding and ship repair paints, coatings, and 
        solvents.--
                  (A) In general.--The Administrator shall issue 
                control technique guidelines in accordance with section 
                211108 of this title to reduce the aggregate emissions 
                of volatile organic compounds and PM-10 into the 
                ambient air from paints, coatings, and solvents used in 
                shipbuilding operations and ship repair. The control 
                technique guidelines shall, at a minimum, be adequate 
                to reduce aggregate emissions of volatile organic 
                compounds and PM-10 into the ambient air from the 
                removal or application of such paints, coatings, and 
                solvents to such level as the Administrator determines 
                may be achieved through the adoption of the best 
                available control measures. The control technique 
                guidelines shall provide for such reductions in such 
                increments and on such schedules as the Administrator 
                determines to be reasonable, but in no event later than 
                10 years after the final issuance of the control 
                technique guidelines.
                  (B) Consultation.--In developing control technique 
                guidelines under this paragraph, the Administrator 
                shall consult with the appropriate Federal agencies.
  (c) Alternative Control Techniques.--The Administrator shall issue 
technical documents that identify alternative controls for all 
categories of stationary sources of volatile organic compounds and 
nitrogen oxides that emit, or have the potential to emit, 25 or more 
tons per year of volatile organic compounds and nitrogen oxides. The 
Administrator shall revise and update the documents as the 
Administrator determines to be necessary.
  (d) Guidance for Evaluating Cost-Effectiveness.--The Administrator 
shall provide guidance to the States to be used in evaluating the 
relative cost-effectiveness of various options for the control of 
emissions from existing stationary sources of air pollutants that 
contribute to nonattainment of the NAAQSes for ozone.
  (e) Control of Emissions From Certain Sources.--
          (1) Definitions.--In this subsection:
                  (A) Best available controls.--The term ``best 
                available controls'' means the degree of emission 
                reduction that the Administrator determines, on the 
                basis of technological and economic feasibility, 
                health, environmental, and energy impacts, is 
                achievable through the application of the most 
                effective equipment, measures, processes, methods, 
                systems, or techniques, including chemical 
                reformulation, product or feedstock substitution, 
                repackaging, and directions for use, consumption, 
                storage, or disposal.
                  (B) Consumer or commercial product.--
                          (i) In general.--The term ``consumer or 
                        commercial product'' means any substance, 
                        product (including paints, coatings, and 
                        solvents), or article (including any container 
                        or packaging) held by any person, the use, 
                        consumption, storage, disposal, destruction, or 
                        decomposition of which may result in the 
                        release of volatile organic compounds.
                          (ii) Exclusions.--The term ``consumer or 
                        commercial product'' does not include--
                                  (I) a fuel or fuel additive regulated 
                                under section 221111 of this title; or
                                  (II) a motor vehicle, nonroad 
                                vehicle, or nonroad engine (as defined 
                                under section 221101 of this title).
                  (C) Regulated entity.--The term ``regulated entity'' 
                means--
                          (i) a manufacturer, processor, wholesale 
                        distributor, or importer of consumer or 
                        commercial products for sale or distribution in 
                        interstate commerce; or
                          (ii) a manufacturer, processor, wholesale 
                        distributor, or importer that supplies entities 
                        described in clause (i) with consumer or 
                        commercial products for sale or distribution in 
                        interstate commerce.
          (2) Study and report.--
                  (A) Study.--The Administrator shall conduct a study 
                of and submit to Congress a report on the emissions of 
                volatile organic compounds into the ambient air from 
                consumer and commercial products (or any combination 
                thereof) to--
                          (i) determine their potential to contribute 
                        to ozone levels that violate the NAAQS for 
                        ozone; and
                          (ii) establish criteria for regulating 
                        consumer and commercial products or classes or 
                        categories thereof that shall be subject to 
                        control under this subsection.
                  (B) Consideration of certain factors.--In 
                establishing the criteria under subparagraph (A)(ii), 
                the Administrator shall take into consideration each of 
                the following:
                          (i) The uses, benefits, and commercial demand 
                        of consumer and commercial products.
                          (ii) The health or safety functions (if any) 
                        served by consumer and commercial products.
                          (iii) Consumer and commercial products that 
                        emit highly reactive volatile organic compounds 
                        into the ambient air.
                          (iv) Consumer and commercial products that 
                        are subject to the most cost-effective 
                        controls.
                          (v) The availability of alternatives (if any) 
                        to consumer and commercial products that are of 
                        comparable costs, considering health, safety, 
                        and environmental impacts.
          (3) Regulations to require emission reductions.--
                  (A) In general.--On submission of the report under 
                paragraph (2), the Administrator shall list the 
                categories of consumer or commercial products that the 
                Administrator determines, based on the study, account 
                for at least 80 percent of the volatile organic 
                compound emissions, on a reactivity-adjusted basis, 
                from consumer or commercial products in areas that 
                violate the NAAQSes for ozone. Credit toward the 80 
                percent emissions calculation shall be given for 
                emission reductions from consumer or commercial 
                products made after November 15, 1990. The 
                Administrator shall divide the list into 4 groups and 
                promulgate regulations for all 4 groups.
                  (B) Best available controls.--The regulations shall 
                require best available controls.
                  (C) Health use products.--The regulations may exempt 
                health use products for which the Administrator 
                determines there is no suitable substitute.
                  (D) Control or prohibition of activity.--To carry out 
                this section, the Administrator may, by regulation, 
                control or prohibit any activity (including the 
                manufacture or introduction into commerce, offering for 
                sale, or sale of any consumer or commercial product) 
                that results in emission of volatile organic compounds 
                into the ambient air.
                  (E) Regulated entities.--Regulations under this 
                subsection may be imposed only with respect to 
                regulated entities.
                  (F) Use of control technique guidelines.--For any 
                consumer or commercial product, the Administrator may 
                issue control technique guidelines under this division 
                in lieu of regulations required under subparagraph (A) 
                if the Administrator determines that control technique 
                guidelines will be substantially as effective as 
                regulations in reducing emissions of volatile organic 
                compounds that contribute to ozone levels in areas that 
                violate the NAAQS for ozone.
          (4) Systems of regulation.--The regulations under this 
        subsection may include any system or systems of regulation as 
        the Administrator considers appropriate, including requirements 
        for registration and labeling, self-monitoring and reporting, 
        prohibitions, limitations, or economic incentives (including 
        marketable permits and auctions of emissions rights) concerning 
        the manufacture, processing, distribution, use, consumption, or 
        disposal of a consumer or commercial product.
          (5) Special fund.--Any amounts collected by the Administrator 
        under the regulations shall be deposited in the Treasury in a 
        special fund for licensing and other services, which thereafter 
        shall be available until expended, subject to annual 
        appropriation Acts, solely to carry out the activities of the 
        Administrator for which such fees, charges, or collections are 
        established or made.
          (6) Enforcement.--Any regulation established under this 
        subsection shall be treated, for purposes of enforcement of 
        this division, as a standard under section 211111 of this 
        title, and any violation of such a regulation shall be treated 
        as a violation of a requirement of section 211111(j) of this 
        title.
          (7) State administration.--Each State may develop and submit 
        to the Administrator a procedure under State law for 
        implementing and enforcing regulations promulgated under this 
        subsection. If the Administrator finds that the State procedure 
        is adequate, the Administrator shall approve the procedure. 
        Nothing in this paragraph shall prohibit the Administrator from 
        enforcing any applicable regulation under this subsection.
          (8) Size, shape, and labeling.--No regulation regarding the 
        size, shape, or labeling of a consumer or commercial may be 
        promulgated, unless the Administrator determines such a 
        regulation to be useful in meeting any NAAQS.
          (9) State consultation.--Any State that proposes regulations 
        other than those adopted under this subsection shall consult 
        with the Administrator regarding whether any other State or 
        local subdivision has promulgated or is promulgating 
        regulations on any products covered under this chapter. The 
        Administrator shall establish a clearinghouse of information, 
        studies, and regulations proposed and promulgated regarding 
        consumer or commercial products and disseminate the information 
        collected as requested by State or local subdivisions.
  (f) Tank Vessel Standards.--
          (1) In general.--
                  (A) Standards.--The Administrator, in consultation 
                with the Secretary of the department in which the Coast 
                Guard is operating, shall promulgate standards 
                applicable to the emission of volatile organic 
                compounds and any other air pollutant from loading and 
                unloading of tank vessels (as defined in section 2101 
                of title 46) that the Administrator finds causes, or 
                contributes to, air pollution that may be reasonably 
                anticipated to endanger public health or welfare. The 
                standards shall require the application of reasonably 
                available control technology, considering costs, any 
                non-air-quality benefits, environmental impacts, energy 
                requirements, and safety factors associated with 
                alternative control techniques. To the extent 
                practicable, the standards shall apply to loading and 
                unloading facilities and not to tank vessels.
                  (B) Effective date.--Any regulation promulgated under 
                this subsection (and any revision thereof) shall take 
                effect after such period as the Administrator finds 
                (after consultation with the Secretary of the 
                department in which the Coast Guard is operating) 
                necessary to permit the development and application of 
                the requisite technology, giving appropriate 
                consideration to the cost of compliance within that 
                period, except that the effective date shall be not 
                more than 2 years after promulgation of the 
                regulations.
          (2) Regulations on equipment safety.--The Secretary of the 
        department in which the Coast Guard is operating shall issue 
        regulations to ensure the safety of the equipment and 
        operations that are to control emissions from the loading and 
        unloading of tank vessels under section 3703 of title 46 and 
        section 6 of the Ports and Waterways Safety Act (33 U.S.C. 
        1225). The standards promulgated by the Administrator under 
        paragraph (1) and the regulations issued by a State or 
        political subdivision regarding emissions from the loading and 
        unloading of tank vessels shall be consistent with the 
        regulations regarding safety of the department in which the 
        Coast Guard is operating.
          (3) Agency authority.--
                  (A) Emission standards.--The Administrator shall 
                ensure compliance with the tank vessel emission 
                standards promulgated under paragraph (1)(A). The 
                Secretary of the department in which the Coast Guard is 
                operating shall ensure compliance with the tank vessel 
                standards promulgated under paragraph (1)(A).
                  (B) Safety regulations.--The Secretary of the 
                department in which the Coast Guard is operating shall 
                ensure compliance with the regulations issued under 
                paragraph (2).
          (4) State or local standards.--After the Administrator 
        promulgates standards under this section, no State or political 
        subdivision thereof may adopt or attempt to enforce any 
        standard respecting emissions from tank vessels subject to 
        regulation under paragraph (1) unless the State or local 
        standard is no less stringent than the standards promulgated 
        under paragraph (1).
          (5) Enforcement.--Any standard established under paragraph 
        (1)(A) shall be treated, for purposes of enforcement of this 
        division, as a standard under section 211111 of this title, and 
        any violation of such a standard shall be treated as a 
        violation of a requirement of section 211111(j) of this title.
  (g) Vehicles Entering Ozone Nonattainment Areas.--
          (1) Definition of covered ozone nonattainment area.--In this 
        subsection, the term ``covered ozone nonattainment area'' means 
        a serious area, as classified under section 181 of the Clean 
        Air Act (42 U.S.C. 7511) as of October 27, 1998.
          (2) Authority regarding ozone inspection and maintenance 
        testing.--
                  (A) In general.--No noncommercial motor vehicle 
                registered in a foreign country and operated by a 
                United States citizen or by an alien who is a permanent 
                resident of the United States, or who holds a visa for 
                the purposes of employment or educational study in the 
                United States, may enter a covered ozone nonattainment 
                area from a foreign country bordering the United States 
                and contiguous to the nonattainment area more than 
                twice in a single calendar-month period, if State law 
                has requirements for the inspection and maintenance of 
                noncommercial motor vehicles under the applicable 
                implementation plan in the nonattainment area.
                  (B) Applicability.--Subparagraph (A) shall not apply 
                if the operator presents documentation at the United 
                States border entry point establishing that the vehicle 
                has complied with such inspection and maintenance 
                requirements as are in effect and are applicable to 
                motor vehicles of the same type and model year.
          (3) Sanctions for violations.--The President may impose and 
        collect from the operator of any motor vehicle who violates, or 
        attempts to violate, paragraph (1) a civil penalty of not more 
        than $200 for the 2d violation or attempted violation and $400 
        for the 3d and each subsequent violation or attempted 
        violation.
          (4) State election.--The prohibition set forth in paragraph 
        (1) shall not apply in any State that elects to be exempt from 
        the prohibition. Such an election shall take effect on the 
        President's receipt of written notice from the Governor of the 
        State notifying the President of the election.
          (5) Alternative approach.--The prohibition set forth in 
        paragraph (1) shall not apply in a State, and the President may 
        implement an alternative approach, if--
                  (A) the Governor of the State submits to the 
                President a written description of an alternative 
                approach to facilitate the compliance, by some or all 
                foreign-registered motor vehicles, with the motor 
                vehicle inspection and maintenance requirements that 
                are--
                          (i) related to emissions of air pollutants;
                          (ii) in effect under the applicable 
                        implementation plan in the covered ozone 
                        nonattainment area; and
                          (iii) applicable to motor vehicles of the 
                        same types and model years as the foreign-
                        registered motor vehicles; and
                  (B) the President approves the alternative approach 
                as facilitating compliance with the motor vehicle 
                inspection and maintenance requirements described in 
                subparagraph (A).
Sec. 215205. Control of interstate ozone air pollution
  (a) Ozone Transport Regions.--
          (1) In general.--There is established a single interstate 
        transport region for ozone (within the meaning of section 
        215108(a) of this title), comprised of the States of 
        Connecticut, Delaware, Maine, Maryland, Massachusetts, New 
        Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, 
        Vermont, and the Consolidated Metropolitan Statistical Area 
        that includes the District of Columbia.
          (2) Addition and removal of states.--The Administrator, on 
        the Administrator's own motion, on petition from the Governor 
        of any State, or on the recommendation of the interstate 
        transport commission established by paragraph (1) or the 
        interstate transport commission established for any other 
        interstate transport region for ozone, may--
                  (A) add any State or portion of a State to an 
                interstate transport region established under paragraph 
                (1) or other interstate transport region for ozone when 
                the Administrator has reason to believe that the 
                interstate transport of air pollutants from that State 
                significantly contributes to a violation of the NAAQS 
                for ozone in the interstate transport region; or
                  (B) remove any State or portion of a State from an 
                interstate transport region when the Administrator has 
                reason to believe that the control of emissions in that 
                State or portion of the State pursuant to this section 
                will not significantly contribute to the attainment of 
                the NAAQS for ozone in any area in the interstate 
                transport region.
          (3) Procedure.--
                  (A) Approval or disapproval.--The Administrator shall 
                approve or disapprove a petition or recommendation 
                under subparagraph (A) or (B) of paragraph (2) within 
                18 months after its receipt.
                  (B) Public participation.--The Administrator shall 
                establish appropriate proceedings for public 
                participation regarding motions, petitions, and 
                recommendations under subparagraphs (A) and (B) of 
                paragraph (2), including notice and comment.
          (4) Convening of commission.--The Administrator shall convene 
        the commission required under section 215108(b) of this title 
        as a result of the establishment of the interstate transport 
        region.
  (b) Plan Provisions for States in Interstate Transport Regions for 
Ozone.--
          (1) In general.--In accordance with section 211110 of this 
        title, not later than 9 months after the inclusion of a State 
        in an interstate transport region for ozone, each State 
        included in the interstate transport region shall submit to the 
        Administrator a State implementation plan provision that--
                  (A) requires that each area in the State that is a 
                metropolitan statistical area or is part of a 
                metropolitan statistical area with a population of 
                100,000 or more comply with section 215203(c)(4)(B) of 
                this title; and
                  (B) requires implementation of reasonably available 
                control technology with respect to all sources of 
                volatile organic compounds in the State covered by a 
                control technique guideline.
          (2) Control measures.--The Administrator shall complete a 
        study identifying control measures capable of achieving 
        emission reductions comparable to those achievable through 
        vehicle refueling controls contained in section 215203(b)(4) of 
        this title, and those measures or vehicle refueling controls 
        shall be implemented in accordance with this section. 
        Notwithstanding other deadlines in this section, the applicable 
        implementation plan shall be revised to reflect those measures 
        within 1 year of completion of the study. For purposes of this 
        section, any stationary source that emits or has the potential 
        to emit at least 50 tons per year of volatile organic compounds 
        shall be considered a major stationary source and subject to 
        the requirements that would be applicable to major stationary 
        sources if the area were classified as a moderate area.
  (c) Additional Control Measures.--
          (1) Definition of receipt date.--In this subsection, the term 
        ``receipt date'' means the date on which the Administrator 
        receives recommendations prepared by a commission pursuant to 
        paragraph (2).
          (2) Recommendations.--On petition of any State within a 
        transport region established for ozone, and based on a majority 
        vote of the Governors on the commission (or their designees), 
        the commission may, after notice and opportunity for public 
        comment, develop recommendations for additional control 
        measures to be applied within all or a part of the ozone 
        transport region if the commission determines that such 
        measures are necessary to bring any area in the ozone transport 
        region into attainment by the dates provided by this 
        subchapter. The commission shall transmit the recommendations 
        to the Administrator.
          (3) Notice and review.--When the Administrator receives 
        recommendations prepared by a commission pursuant to paragraph 
        (2), the Administrator shall--
                  (A) immediately publish in the Federal Register a 
                notice stating that the recommendations are available 
                and provide an opportunity for public hearing within 90 
                days beginning on the receipt date; and
                  (B) commence a review of the recommendations to 
                determine whether the control measures in the 
                recommendations are necessary to bring any area in the 
                ozone transport region into attainment by the dates 
                provided by this subchapter and are otherwise 
                consistent with this division.
          (4) Consultation; considerations.--In undertaking the review 
        required under paragraph (3)(B), the Administrator shall--
                  (A) consult with members of the commission of the 
                affected States; and
                  (B) take into account the data, views, and comments 
                received pursuant to paragraph (3)(A).
          (5) Approval and disapproval.--
                  (A) In general.--Within 9 months after the receipt 
                date, the Administrator shall--
                          (i) determine whether to approve, disapprove, 
                        or partially disapprove and partially approve 
                        the recommendations;
                          (ii) notify the commission in writing of the 
                        approval, disapproval, or partial disapproval; 
                        and
                          (iii) publish the determination in the 
                        Federal Register.
                  (B) Disapproval or partial disapproval.--If the 
                Administrator disapproves or partially disapproves the 
                recommendations, the Administrator shall specify--
                          (i) why any disapproved additional control 
                        measures are not necessary to bring any area in 
                        the ozone transport region into attainment by 
                        the dates provided by this or are otherwise not 
                        consistent with this division; and
                          (ii) recommendations concerning equal or more 
                        effective actions that could be taken by the 
                        commission to conform the disapproved portion 
                        of the recommendations to the requirements of 
                        this section.
          (6) Finding.--On approval or partial approval of 
        recommendations submitted by a commission, the Administrator 
        shall issue to each State that is included in the ozone 
        transport region and to which a requirement of the approved 
        plan applies a finding under section 211110(i)(5) of this title 
        that the implementation plan for that State is inadequate to 
        meet the requirements of section 211110(a)(3)(D) of this title. 
        The finding shall require each such State to revise its 
        implementation plan to include the approved additional control 
        measures within 1 year after the finding is issued.
  (d) Best Available Air Quality Monitoring and Modeling.--For purposes 
of this section, the Administrator shall promulgate criteria for 
purposes of determining the contribution of sources in 1 area to 
concentrations of ozone in another area that is a nonattainment area 
for ozone. The criteria shall require that the best available air 
quality monitoring and modeling techniques be used for purposes of 
making such determinations.
Sec. 215206. Enforcement for severe areas and extreme areas for failure 
                    to attain
  (a) General Rule.--Each implementation plan provision required under 
subsections (d) and (e) of section 215203 of this title shall provide 
that, if the severe area or extreme area to which the plan provision 
applies has failed to attain the primary NAAQS for ozone by the 
applicable attainment date, each major stationary source of volatile 
organic compounds located in the severe area or extreme area shall, 
except as otherwise provided under subsection (c), pay a fee to the 
State as a penalty for the failure, computed in accordance with 
subsection (b), for each calendar year beginning after the attainment 
date, until the severe area or extreme area is redesignated as an 
attainment area for ozone. Each such plan provision should include 
procedures for assessment and collection of such fees.
  (b) Computation of Fee.--
          (1) Fee amount.--The fee shall equal $5,000, adjusted in 
        accordance with paragraph (3), per ton of volatile organic 
        compound emitted by the source during the calendar year in 
        excess of 80 percent of the baseline amount, computed under 
        paragraph (2).
          (2) Baseline amount.--
                  (A) In general.--For purposes of this section, the 
                baseline amount shall be computed, in accordance with 
                such guidance as the Administrator may provide, as the 
                lower, during the attainment year, of--
                          (i) the amount of actual volatile organic 
                        compound emissions (referred to in this 
                        paragraph as ``actuals''); or
                          (ii) the amount of volatile organic compound 
                        emissions allowed under the permit applicable 
                        to the source (or, if no such permit has been 
                        issued for the attainment year, the amount of 
                        volatile organic compound emissions allowed 
                        under the applicable implementation plan) 
                        (referred to in this paragraph as 
                        ``allowables'').
                  (B) Period of determination.--Notwithstanding 
                subparagraph (A), the Administrator may issue guidance 
                authorizing the baseline amount to be determined in 
                accordance with the lower of average actuals or average 
                allowables, determined over a period of more than 1 
                calendar year. The guidance may provide that such an 
                average calculation for a specific source may be used 
                if that source's emissions are irregular, cyclical, or 
                otherwise vary significantly from year to year.
          (3) Annual adjustment.--The fee amount under paragraph (1) 
        shall be adjusted annually, beginning as of 1991, in accordance 
        with section 235102(b)(3)(B)(iv) of this title.
  (c) Exception.--Notwithstanding any provision of this section, no 
source shall be required to pay any fee under subsection (a) with 
respect to emissions during any year that is treated as an extension 
year under section 215202(a)(5) of this title.
  (d) Fee Collection by Administrator.--If the Administrator has found 
that the fee provisions of the implementation plan do not meet the 
requirements of this section, or if the Administrator makes a finding 
that the State is not administering and enforcing the fee required 
under this section, the Administrator shall, in addition to any other 
action authorized under this subdivision, collect, in accordance with 
procedures promulgated by the Administrator, the unpaid fees required 
under subsection (a). If the Administrator makes such a finding under 
section 215111(a)(1)(D) of this title, the Administrator may collect 
fees for periods before the determination, plus interest computed in 
accordance with section 6621(a)(2) of the Internal Revenue Code of 1986 
(26 U.S.C. 6621(a)(2)), to the extent that the Administrator finds that 
such fees have not been paid to the State. Clauses (ii) through (iii) 
of section 235102(b)(3)(C) of this title shall apply with respect to 
fees collected under this subsection.
  (e) Exemptions for Certain Small Areas.--For a severe area or extreme 
area with a total population under 200,000 that fails to attain the 
standard by the applicable attainment date, no sanction under this 
section or under any other provision of this division shall apply if 
the severe area or extreme area can demonstrate, consistent with 
guidance issued by the Administrator, that attainment in the severe 
area or extreme area is prevented because of ozone or ozone precursors 
transported from another area. The prohibition applies only in a case 
in which the severe area or extreme area has met all requirements and 
implemented all measures applicable to the severe area or extreme area 
under this division.
Sec. 215207. Nitrogen oxide and volatile organic compound study
  (a) In General.--The Administrator, in conjunction with the National 
Academy of Sciences, shall conduct a study on the role of ozone 
precursors in tropospheric ozone formation and control.
  (b) Matters To Be Examined.--The study shall examine--
          (1) the roles of nitrogen oxide and volatile organic compound 
        emission reductions;
          (2) the extent to which nitrogen oxide reductions may 
        contribute (or be counterproductive) to achievement of 
        attainment in different nonattainment areas;
          (3) the sensitivity of ozone to the control of nitrogen 
        oxides;
          (4) the availability and extent of controls for nitrogen 
        oxides;
          (5) the role of biogenic volatile organic compound emissions; 
        and
          (6) the basic information required for air quality models.
  (c) Information and Studies; Additional Information.--The 
Administrator shall utilize all available information and studies and 
develop additional information in conducting the study required by this 
section.
  (d) Report.--The Administrator shall submit to Congress a report on 
the study.

Subchapter III--Additional Provisions for Carbon Monoxide Nonattainment 
                                 Areas

Sec. 215301. Definitions
  In this subchapter:
          (1) Moderate area.--The term ``moderate area'' means an area 
        that is classified as a moderate area under section 215302 of 
        this title.
          (2) Serious area.--The term ``serious area'' means an area 
        that is classified as a serious area under section 215302 of 
        this title.
          (3) Table 1.--The term ``table 1'' means table 1 in section 
        215302(a)(1) of this title.
Sec. 215302. Classification and attainment dates
  (a) Classification by Operation of Law and Attainment Dates for 
Nonattainment Areas.--
          (1) In general.--Each area designated nonattainment for 
        carbon monoxide pursuant to section 211107(d) of this title 
        shall be classified at the time of designation under table 1, 
        by operation of law, as a moderate area or serious area based 
        on the design value for the area. The design value shall be 
        calculated according to the interpretation methodology issued 
        by the Administrator most recently before November 15, 1990. 
        For each area classified under this subsection, the primary 
        NAAQS attainment date for carbon monoxide shall be as 
        expeditiously as practicable but not later than the date 
        provided in table 1:

                                                     TABLE 1
----------------------------------------------------------------------------------------------------------------
           Area  classification                       Design value             Primary standard attainment date
----------------------------------------------------------------------------------------------------------------
Moderate.................................  9.1-16.4 ppm.....................  December 31, 1995
Serious..................................  16.5 and above...................  December 31, 2000
----------------------------------------------------------------------------------------------------------------

          (2) Notice.--At the time of publication of the notice 
        required under section 211107 of this title, the Administrator 
        shall publish a notice announcing the classification of each 
        such carbon monoxide nonattainment area. Section 
        215102(a)(1)(B) of this title shall apply with respect to such 
        a classification.
          (3) Adjustment.--
                  (A) In general.--If an area classified under 
                paragraph (1) would have been classified in another 
                category if the design value in the area were 5 percent 
                greater or 5 percent less than the level on which the 
                classification was based, the Administrator may, within 
                90 days after November 15, 1990, by the procedure 
                required under paragraph (2), adjust the classification 
                of the area.
                  (B) Considerations.--In making such an adjustment, 
                the Administrator may consider--
                          (i) the number of exceedances of the primary 
                        NAAQS for carbon monoxide in the area;
                          (ii) the level of pollution transport between 
                        the area and other affected areas; and
                          (iii) the mix of sources and air pollutants 
                        in the area.
          (4) Extension.--
                  (A) In general.--On application by any State, the 
                Administrator may extend for 1 additional year 
                (referred to in this paragraph as an ``extension 
                year'') the date specified in table 1 of subsection (a) 
                if--
                          (i) the State has complied with all 
                        requirements and commitments pertaining to the 
                        area in the applicable implementation plan; and
                          (ii) not more than 1 exceedance of the NAAQS 
                        level for carbon monoxide has occurred in the 
                        area in the year preceding the extension year.
                  (B) Limitation.--Not more than 2 one-year extensions 
                may be issued under this paragraph for a single 
                nonattainment area.
  (b) New Designations and Reclassifications.--
          (1) New designations to nonattainment.--Any area that is 
        designated attainment or unclassifiable for carbon monoxide 
        under section 211107(d)(4) of this title and is subsequently 
        redesignated to nonattainment for carbon monoxide under section 
        211107(d)(3) of this title shall, at the time of the 
        redesignation, be classified by operation of law in accordance 
        with table 1. Upon its classification, the area shall be 
        subject to the same requirements under section 211110 of this 
        title, subchapter I, and this subchapter that would have 
        applied had the area been so classified at the time of the 
        notice under subsection (a)(2), except that any absolute, fixed 
        date applicable in connection with any such requirement is 
        extended by operation of law by a period equal to the length of 
        time between November 15, 1990, and the date the area is 
        classified.
          (2) Reclassification of moderate areas on failure to 
        attain.--
                  (A) Determination.--Within 6 months after the 
                applicable attainment date for a carbon monoxide 
                nonattainment area, the Administrator shall determine, 
                based on the area's design value as of the attainment 
                date, whether the area has attained the NAAQS by that 
                date.
                  (B) Reclassification.--Any moderate area that the 
                Administrator finds has not attained the NAAQS by that 
                date shall be reclassified by operation of law in 
                accordance with table 1 as a serious area.
                  (C) Notice.--The Administrator shall publish a notice 
                in the Federal Register, not later than 6 months after 
                the attainment date, identifying each area that the 
                Administrator has determined, under subparagraph (A), 
                as having failed to attain the NAAQS and identifying 
                the reclassification, if any, described under 
                subparagraph (B).
Sec. 215303. Plan submissions and requirements
  (a) Moderate Areas.--
          (1) In general.--Each State in which all or part of a 
        moderate area is located shall, with respect to the moderate 
        area (or portion thereof, to the extent specified in guidance 
        of the Administrator issued before November 15, 1990), submit 
        to the Administrator the State implementation plan provisions 
        (including the plan items) described under this subsection, 
        within such periods as are prescribed under this subsection, 
        except to the extent that the State has made such submissions 
        as of November 15, 1990.
          (2) Inventory.--A State shall submit a comprehensive, 
        accurate, current inventory of actual emissions from all 
        sources, as described in section 215102(c)(3) of this title, in 
        accordance with guidance provided by the Administrator.
          (3) Vehicle miles traveled; special rule for denver.--
                  (A) Vehicle miles traveled.--For areas with a design 
                value above 12.7 parts per million at the time of 
                classification, the plan provision shall contain a 
                forecast of vehicle miles traveled in a nonattainment 
                area for each year before the year in which the plan 
                projects the NAAQS for carbon monoxide to be attained 
                in the area. The forecast shall be based on guidance 
                published by the Administrator, in consultation with 
                the Secretary of Transportation. The plan provision 
                shall provide for annual updates of the forecasts to be 
                submitted to the Administrator together with annual 
                reports regarding the extent to which the forecasts 
                proved to be accurate. The annual reports shall contain 
                estimates of actual vehicle miles traveled in each year 
                for which a forecast was required.
                  (B) Special rule for denver.--In the case of Denver, 
                the State shall submit a provision that includes the 
                transportation control measures as required in section 
                215203(d)(3)(A) of this title, except that the 
                provision shall be for the purpose of reducing carbon 
                monoxide emissions rather than volatile organic 
                compound emissions. If the State fails to include any 
                such measure, the implementation plan shall contain--
                          (i) an explanation why such a measure was not 
                        adopted and what emissions reduction measure 
                        was adopted to provide a comparable reduction 
                        in emissions; or
                          (ii) reasons why such a reduction is not 
                        necessary to attain the primary NAAQS for 
                        carbon monoxide.
                  (C) Adjustment.--The Administrator may make the same 
                adjustment for purposes of this paragraph as may be 
                made under section 215302(a)(3) of this title.
          (4) Contingency provisions.--
                  (A) In general.--For areas with a design value above 
                12.7 parts per million at the time of classification, 
                the plan provision shall provide for the implementation 
                of specific measures to be undertaken if--
                          (i) any estimate of vehicle miles traveled in 
                        the area that is submitted in an annual report 
                        under paragraph (3) exceeds the number 
                        predicted in the most recent prior forecast; or
                          (ii) if the area fails to attain the primary 
                        NAAQS for carbon monoxide by the primary 
                        standard attainment date.
                  (B) Inclusion in plan provision.--The measures shall 
                be included in the plan provision as contingency 
                measures to take effect without further action by the 
                State or the Administrator if--
                          (i) the prior forecast has been exceeded by 
                        an updated forecast; or
                          (ii) the national standard is not attained by 
                        that deadline.
                  (C) Adjustment.--The Administrator may make the same 
                adjustment for purposes of this paragraph as may be 
                made under section 215302(a)(3) of this title.
          (5) Savings clause for vehicle inspection and maintenance 
        provisions of the state implementation plan.--Immediately after 
        November 15, 1990, for any moderate area (or, within the 
        Administrator's discretion, portion thereof) the plan for which 
        is of the type described in section 215203(a)(3)(C) of this 
        title, the State shall submit any provisions necessary to 
        ensure that the applicable implementation plan includes the 
        vehicle inspection and maintenance program described in section 
        215203(a)(3)(C) of this title.
          (6) Periodic inventory.--Not later than the end of each 3-
        year period after September 30, 1995, until the area is 
        redesignated to attainment, the State shall submit a revised 
        inventory meeting the requirements of subsection (a)(1).
          (7) Enhanced vehicle inspection and maintenance.--
                  (A) In general.--In the case of moderate areas with a 
                design value greater than 12.7 parts per million at the 
                time of classification, the State shall submit a 
                provision that includes provisions for an enhanced 
                vehicle inspection and maintenance program as required 
                in section 215203(c)(5) of this title, except that the 
                vehicle inspection and maintenance program shall be for 
                the purpose of reducing carbon monoxide rather than 
                hydrocarbon emissions.
                  (B) Adjustment.--The Administrator may make the same 
                adjustment for purposes of this paragraph as may be 
                made under section 215302(a)(3) of this title.
          (8) Attainment demonstration and specific annual emission 
        reductions.--
                  (A) In general.--In the case of moderate areas with a 
                design value greater than 12.7 parts per million at the 
                time of classification, the State shall submit a 
                provision to provide, and a demonstration that the plan 
                as revised will provide, for attainment of the carbon 
                monoxide NAAQSes by the applicable attainment date and 
                provisions for such specific annual emission reductions 
                as are necessary to attain the standard by that date.
                  (B) Adjustment.--The Administrator may make the same 
                adjustment for purposes of this paragraph as may be 
                made under section 215302(a)(3) of this title.
          (9) Schedule.--The Administrator may require States to submit 
        a schedule for submitting any of the provisions or other items 
        required under this subsection.
          (10) Moderate areas with a design value of 12.7 parts per 
        million or lower.--In the case of a moderate area with a design 
        value of 12.7 parts per million or lower at the time of 
        classification, the requirements of this subsection shall apply 
        in lieu of any requirement that the State submit a 
        demonstration that the applicable implementation plan provides 
        for attainment of the carbon monoxide standard by the 
        applicable attainment date.
  (b) Serious Areas.--
          (1) In general.--Each State in which all or part of a serious 
        area is located shall, with respect to the serious area--
                  (A) make the submissions (other than those required 
                under subsection (a)(2)) applicable under subsection 
                (a) to moderate areas with a design value of 12.7 parts 
                per million or greater at the time of classification; 
                and
                  (B) submit the provision and other items described 
                under this subsection.
          (2) Vehicle miles traveled.--
                  (A) In general.--The State shall submit a provision 
                that includes the transportation control measures as 
                required in section 215203(d)(3) of this title, except 
                that the provision shall be for the purpose of reducing 
                carbon monoxide emissions rather than volatile organic 
                compound emissions.
                  (B) Clean fuel fleet program.--In the case of a 
                severe area (other than an area in New York State) that 
                is a covered area (as defined in section 
                225106(a)(1)(B) of this title) for purposes of the 
                clean fuel fleet program under chapter 225, if the 
                State fails to include a measure described in 
                subparagraph (A), the implementation plan shall 
                contain--
                          (i) an explanation why such a measure was not 
                        adopted and what emission reduction measure was 
                        adopted to provide a comparable reduction in 
                        emissions; or
                          (ii) reasons why such a reduction is not 
                        necessary to attain the primary NAAQS for 
                        carbon monoxide.
          (3) Oxygenated gasoline.--
                  (A) In general.--The State shall submit a provision 
                to require that gasoline sold, supplied, offered for 
                sale or supply, dispensed, transported, or introduced 
                into commerce in the larger of--
                          (i) the Consolidated Metropolitan Statistical 
                        Area (as defined by the Office of Management 
                        and Budget) in which the area is located; or
                          (ii) if the area is not located in a 
                        Consolidated Metropolitan Statistical Area, the 
                        Metropolitan Statistical Area (as defined by 
                        the Office of Management and Budget) in which 
                        the area is located;
                be blended, during the portion of the year in which the 
                area is prone to high ambient concentrations of carbon 
                monoxide (as determined by the Administrator), with 
                fuels containing such a level of oxygen as is 
                necessary, in combination with other measures, to 
                provide for attainment of the carbon monoxide NAAQS by 
                the applicable attainment date and maintenance of the 
                NAAQS thereafter in the area. The provision shall 
                include a program for implementation and enforcement of 
                the requirement consistent with guidance issued by the 
                Administrator.
                  (B) Provision not necessary.--Notwithstanding 
                subparagraph (A), the provision described in this 
                paragraph shall not be required for an area if the 
                State demonstrates to the satisfaction of the 
                Administrator that the provision is not necessary to 
                provide for attainment of the carbon monoxide NAAQS by 
                the applicable attainment date and maintenance of the 
                NAAQS thereafter in the area.
  (c) Areas With Significant Stationary Source Emissions of Carbon 
Monoxide.--
          (1) Serious areas.--In the case of serious areas in which 
        stationary sources contribute significantly to carbon monoxide 
        levels (as determined under regulations issued by the 
        Administrator), the State shall submit a plan provision that 
        provides that the term ``major stationary source'' includes (in 
        addition to the sources described in section 201101 of this 
        title) any stationary source that emits, or has the potential 
        to emit, 50 tons per year or more of carbon monoxide.
          (2) Waivers for certain areas.--The Administrator may, on a 
        case-by-case basis, waive any requirements that pertain to 
        transportation controls, inspection and maintenance, or 
        oxygenated fuels where the Administrator determines by 
        regulation that mobile sources of carbon monoxide do not 
        contribute significantly to carbon monoxide levels in the area.
          (3) Guidelines.--The Administrator shall issue guidelines for 
        and regulations determining whether stationary sources 
        contribute significantly to carbon monoxide levels in an area.
  (d) Carbon Monoxide Milestone.--
          (1) Definition of milestone.--In this subsection, the term 
        ``milestone'' means a reduction in emissions of carbon monoxide 
        equivalent to the total of the specific annual emission 
        reductions required by December 31, 1995.
          (2) Milestone demonstration.--Each State in which all or part 
        of a serious area is located shall submit to the Administrator 
        a demonstration that the area has achieved the milestone.
          (3) Adequacy of demonstration.--A demonstration under this 
        paragraph shall be submitted in such form and manner, and shall 
        contain such information and analysis, as the Administrator 
        shall require. The Administrator shall determine whether or not 
        a State's demonstration is adequate within 90 days after the 
        Administrator's receipt of a demonstration that contains the 
        information and analysis required by the Administrator.
          (4) Failure to submit demonstration or to meet milestone.--If 
        a State fails to submit a demonstration under paragraph (2) 
        within the required period, or if the Administrator notifies 
        the State that the State has not met the milestone, the State 
        shall, within 9 months after such a failure or notification, 
        submit a plan revision to implement an economic incentive and 
        transportation control program as described in section 
        215203(g)(4) of this title. The revision shall be sufficient to 
        achieve the specific annual reductions in carbon monoxide 
        emissions set forth in the plan by the attainment date.
  (e) Multi-State Carbon Monoxide Nonattainment Areas.--
          (1) Definition of multi-state carbon monoxide nonattainment 
        area.--In this subsection, the term ``multi-State carbon 
        monoxide nonattainment area'' means a single carbon monoxide 
        nonattainment area that is located in more than 1 State.
          (2) Coordination among states.--
                  (A) In general.--A State in which there is located a 
                portion of a multi-State carbon monoxide nonattainment 
                area shall take all reasonable steps to coordinate, 
                substantively and procedurally, the provisions and 
                implementation of State implementation plans applicable 
                to the multi-State carbon monoxide nonattainment area.
                  (B) No plan provision approval absent compliance.--
                The Administrator shall not approve any provision of a 
                State implementation plan submitted under this chapter 
                for a State in which part of a volatile organic 
                compound located if the plan provision for that State 
                fails to comply with the requirements of this 
                paragraph.
          (3) Failure to demonstrate attainment.--If any State in which 
        there is located a portion of a multi-State carbon monoxide 
        nonattainment area fails to provide a demonstration of 
        attainment of the NAAQS for carbon monoxide in that portion 
        within the period required under this chapter, the State may 
        petition the Administrator to make a finding that the State 
        would have been able to make such a demonstration but for the 
        failure of 1 or more other States in which other portions of 
        the multi-State carbon monoxide nonattainment area are located 
        to commit to the implementation of all measures required under 
        this section. If the Administrator makes such a finding, in the 
        portion of the multi-State carbon monoxide nonattainment area 
        within the State submitting the petition, no sanction shall be 
        imposed under section 215111 of this title or under any other 
        provision of this division by reason of the failure to make 
        such a demonstration.
  (f) Reclassified Areas.--Each State containing a carbon monoxide 
nonattainment area reclassified under section 215302(b)(2) of this 
title shall meet the requirements of subsection (b), as may be 
applicable to the area as reclassified, according to the schedules 
prescribed in connection with those requirements, except that the 
Administrator may adjust any applicable deadlines (other than the 
attainment date) where such deadlines are shown to be infeasible.
  (g) Failure of Serious Area To Attain Standard.--If the Administrator 
determines under section 215302(b)(2) of this title that the primary 
NAAQS for carbon monoxide has not been attained in a serious area by 
the applicable attainment date, the State shall submit a plan revision 
for the area within 9 months after the date of the determination. The 
plan revision shall provide that a program of incentives and 
requirements as described in section 215203(g)(4) of this title shall 
be applicable in the area, and the program, in combination with other 
elements of the revised plan, shall be adequate to reduce the total 
tonnage of emissions of carbon monoxide in the area by at least 5 
percent per year in each year after approval of the plan revision and 
before attainment of the primary NAAQS for carbon monoxide.

      Subchapter IV--Additional Provisions for Particulate Matter 
                          Nonattainment Areas

Sec. 215401. Definitions
  In this subchapter:
          (1) Moderate area.--The term ``moderate area'' means an area 
        that is classified as a moderate PM-10 nonattainment area under 
        section 215402(a) of this title.
          (2) Serious area.--The term ``serious area'' means an area 
        that is reclassified as a serious PM-10 nonattainment area 
        under section 215402(b) of this title.
Sec. 215402. Classifications and attainment dates
  (a) Initial Classifications.--
          (1) In general.--Every area designated nonattainment for PM-
        10 pursuant to section 211107(d) of this title shall be 
        classified at the time of such designation, by operation of 
        law, as a moderate PM-10 nonattainment area at the time of the 
        designation.
          (2) Notice.--At the time of publication of the notice under 
        section 211107(d)(4) of this title for each PM-10 nonattainment 
        area, the Administrator shall publish a notice announcing the 
        classification of such area. Section 215102(a)(1)(B) of this 
        title shall apply with respect to such a classification.
  (b) Reclassification as a Serious Area.--
          (1) Reclassification before attainment date.--The 
        Administrator may reclassify as a serious PM-10 nonattainment 
        area any area that the Administrator determines cannot 
        practicably attain the NAAQS for PM-10 by the attainment date 
        (as prescribed in subsection (c)) for moderate areas.
          (2) Reclassification on failure to attain.--Within 6 months 
        following the applicable attainment date for a PM-10 
        nonattainment area, the Administrator shall determine whether 
        the area attained the standard by that date. If the 
        Administrator finds that any moderate area is not in attainment 
        after the applicable attainment date--
                  (A) the area shall be reclassified by operation of 
                law as a serious area; and
                  (B) the Administrator shall publish a notice in the 
                Federal Register not later than 6 months following the 
                attainment date, identifying the area as having failed 
                to attain and identifying the reclassification 
                described under subparagraph (A).
  (c) Attainment Dates.--Except as provided under subsection (d), the 
attainment dates for PM-10 nonattainment areas shall be as follows:
          (1) Moderate areas.--For a moderate area, the attainment date 
        shall be as expeditiously as practicable but not later than the 
        end of the 6th calendar year after the area's designation as 
        nonattainment, except that, for areas designated nonattainment 
        for PM-10 under section 211107(d)(4) of this title, the 
        attainment date shall not extend beyond December 31, 1994.
          (2) Serious areas.--For a serious area, the attainment date 
        shall be as expeditiously as practicable but not later than the 
        end of the 10th calendar year beginning after the area's 
        designation as nonattainment, except that, for areas designated 
        nonattainment for PM-10 under section 211107(d)(4) of this 
        title, the date shall not extend beyond December 31, 2001.
  (d) Extension of Attainment Date for Moderate Areas.--
          (1) In general.--On application by any State, the 
        Administrator may extend for 1 additional year (referred to in 
        this subsection as an ``extension year'') the date specified in 
        subsection (c)(1) if--
                  (A) the State has complied with all requirements and 
                commitments pertaining to the area in the applicable 
                implementation plan; and
                  (B) not more than 1 exceedance of the 24-hour NAAQS 
                level for PM-10 has occurred in the area in the year 
                preceding the extension year, and the annual mean 
                concentration of PM-10 in the area for the extension 
                year is less than or equal to the standard level.
          (2) Limitation.--Not more than 2 one-year extensions may be 
        issued under this subsection for a single nonattainment area.
  (e) Extension of Attainment Date for Serious Areas.--
          (1) In general.--On application by any State, the 
        Administrator may extend the attainment date for a serious area 
        beyond the date specified under subsection (c) if--
                  (A) attainment by the date established under 
                subsection (c) would be impracticable;
                  (B) the State has complied with all requirements and 
                commitments pertaining to the serious area in the 
                implementation plan; and
                  (C) the State demonstrates to the satisfaction of the 
                Administrator that the plan for the serious area 
                includes the most stringent measures that--
                          (i) are included in the implementation plan 
                        of any State or are achieved in practice in any 
                        State; and
                          (ii) can feasibly be implemented in the 
                        serious area.
          (2) Plan provision.--At the time of an application under 
        paragraph (1), the State shall submit an implementation plan 
        provision that includes a demonstration of attainment by the 
        most expeditious alternative date practicable.
          (3) Considerations.--In determining whether to grant an 
        extension, and the appropriate length of time for any such 
        extension, the Administrator may consider--
                  (A) the nature and extent of nonattainment;
                  (B) the types and numbers of sources or other 
                emitting activities in the serious area (including the 
                influence of uncontrollable natural sources and 
                transboundary emissions from foreign countries);
                  (C) the population exposed to concentrations in 
                excess of the standard;
                  (D) the presence and concentration of potentially 
                toxic substances in the mix of particulate emissions in 
                the area; and
                  (E) the technological and economic feasibility of 
                various control measures.
          (4) Attainment demonstration.--The Administrator may not 
        approve an extension until the State submits an attainment 
        demonstration for the area.
          (5) Limitation.--The Administrator may grant not more than 1 
        extension for a serious area, of not more than 5 years.
  (f) Waivers for Certain Serious Areas.--The Administrator may, on a 
case-by-case basis, waive any requirement applicable to any serious 
area under this subchapter where the Administrator determines that 
anthropogenic sources of PM-10 do not contribute significantly to the 
violation of the PM-10 standard in the area. The Administrator may also 
waive a specific date for attainment of the standard where the 
Administrator determines that nonanthropogenic sources of PM-10 
contribute significantly to the violation of the PM-10 standard in the 
area.
Sec. 215403. Plan provisions and schedules for plan submissions
  (a) Moderate Areas.--Each State in which all or part of a moderate 
area is located shall submit, 18 months after the designation as 
nonattainment, an implementation plan that includes each of the 
following:
          (1) For the purpose of meeting the requirements of section 
        215102(c)(5) of this title, a permit program providing that 
        permits meeting the requirements of section 215103 of this 
        title are required for the construction and operation of new 
        and modified major stationary sources of PM-10.
          (2)(A) A demonstration (including air quality modeling) that 
        the plan will provide for attainment by the applicable 
        attainment date; or
          (B) a demonstration that attainment by that date is 
        impracticable.
          (3) Provisions to ensure that reasonably available control 
        measures for the control of PM-10 shall be implemented not 
        later than 4 years after designation as a moderate area.
  (b) Serious Areas.--
          (1) Plan provisions.--In addition to the provisions submitted 
        to meet the requirements of subsection (a), each State in which 
        all or part of a serious area is located shall submit an 
        implementation plan for the serious area that includes each of 
        the following:
                  (A)(i) A demonstration (including air quality 
                modeling) that the plan provides for attainment of the 
                NAAQS for PM-10 by the applicable attainment date; or
                  (ii) for any area for which the State is seeking, 
                pursuant to section 215402(e) of this title, an 
                extension of the attainment date beyond the date set 
                forth in section 215402(e) of this title, a 
                demonstration (including air quality modeling) that--
                          (I) attainment by that date would be 
                        impracticable; and
                          (II) the plan provides for attainment by the 
                        most expeditious alternative date practicable.
                  (B) Provisions to ensure that the best available 
                control measures for the control of PM-10 shall be 
                implemented not later than 4 years after the date on 
                which the area is classified (or reclassified) as a 
                serious area.
          (2) Schedule for plan submissions.--A State shall submit the 
        demonstration required for an area under paragraph (1)(A) not 
        later than 4 years after reclassification of the area as a 
        serious area, except that for areas reclassified under section 
        215402(b)(2) of this title, the State shall submit the 
        attainment demonstration within 18 months after 
        reclassification as a serious area. A State shall submit the 
        provisions described under paragraph (1)(B) not later than 18 
        months after reclassification of the area as a serious area.
          (3) Major sources.--For any serious area, the terms ``major 
        source'' and ``major stationary source'' include any stationary 
        source or group of stationary sources located within a 
        contiguous area and under common control that emits, or has the 
        potential to emit, at least 70 tons per year of PM-10 or PM-10 
        precursors.
  (c) Milestones.--
          (1) In general.--Plan provisions demonstrating attainment 
        submitted to the Administrator for approval under this 
        subchapter shall contain quantitative milestones that are to be 
        achieved every 3 years until the serious area is redesignated 
        attainment and that demonstrate reasonable further progress (as 
        defined in section 215101 of this title) toward attainment by 
        the applicable date.
          (2) Demonstration.--Not later than 90 days after the date on 
        which a milestone applicable to the area occurs, each State in 
        which all or part of the serious area is located shall submit 
        to the Administrator a demonstration that all measures in the 
        plan approved under this section have been implemented and that 
        the milestone has been met. A demonstration under this 
        subsection shall be submitted in such form and manner, and 
        shall contain such information and analysis, as the 
        Administrator shall require. The Administrator shall determine 
        whether or not a State's demonstration under this subsection is 
        adequate within 90 days after the Administrator's receipt of a 
        demonstration that contains the information and analysis 
        required by the Administrator.
          (3) Failure to submit demonstration or to meet milestone.--If 
        a State fails to submit a demonstration under paragraph (2) 
        with respect to a milestone within the required period or if 
        the Administrator determines that the area has not met any 
        milestone, the Administrator shall require the State, within 9 
        months after the failure or determination, to submit a plan 
        provision that ensures that the State will achieve the next 
        milestone (or attain the NAAQS for PM-10, if there is no next 
        milestone) by the applicable date.
  (d) Failure To Attain.--In the case of a serious area in which the 
NAAQS for PM-10 is not attained by the applicable attainment date, the 
State in which the serious area is located shall, after notice and 
opportunity for public comment, submit within 12 months after the 
applicable attainment date, plan provisions that provide for--
          (1) attainment of the NAAQS for PM-10; and
          (2) an annual reduction in PM-10 or PM-10 precursor emissions 
        within the area, from the date of the submission until 
        attainment, of not less than 5 percent of the amount of PM-10 
        or PM-10 precursor emissions as reported in the most recent 
        inventory prepared for the serious area.
  (e) PM-10 Precursors.--
          (1) In general.--The control requirements applicable under 
        plans in effect under this chapter for major stationary sources 
        of PM-10 shall apply to major stationary sources of PM-10 
        precursors, except where the Administrator determines that 
        major stationary sources of PM-10 precursors do not contribute 
        significantly to PM-10 levels that exceed the NAAQS in the 
        serious area.
          (2) Guidelines.--The Administrator shall issue guidelines 
        regarding the application of paragraph (1).
Sec. 215404. Issuance of RACM and BACM guidance
  (a) In General.--The Administrator shall issue, in the same manner 
and according to the same procedure as guidance is issued under section 
211108(c) of this title, technical guidance on reasonably available 
control measures and best available control measures for--
          (1) urban fugitive dust; and
          (2) emissions from residential wood combustion (including 
        curtailments and exemptions from curtailments) and prescribed 
        silvicultural and agricultural burning.
  (b) Other Categories of Sources Contributing to Nonattainment of the 
PM-10 Standard.--The Administrator shall--
          (1) examine other categories of sources contributing to 
        nonattainment of the PM-10 standard;
          (2) determine whether additional guidance on reasonably 
        available control measures and best available control measures 
        is needed; and
          (3) issue any such guidance.
  (c) Considerations.--In issuing guidelines and making determinations 
under this section, the Administrator (in consultation with the States) 
shall take into account emission reductions achieved, or expected to be 
achieved, under subdivision 5 and other provisions of this division.

Subchapter V--Additional Provisions for Areas Designated Nonattainment 
              for Sulfur Dioxides, Nitrogen Oxide, or Lead

Sec. 215501. Plan submission deadlines
  (a) Submission.--Any State containing an area designated or 
redesignated under section 211107(d) of this title as nonattainment 
with respect to the primary NAAQSes for sulfur oxides, nitrogen 
dioxide, or lead subsequent to November 15, 1990, shall submit to the 
Administrator, within 18 months of the designation, an applicable 
implementation plan meeting the requirements of this chapter.
  (b) States Lacking Fully Approved State Implementation Plans.--Any 
State containing an area designated nonattainment with respect to 
primary NAAQSes for sulfur oxides or nitrogen dioxide under section 
211107(d)(1)(C)(i) of this title, but lacking a fully approved 
implementation plan complying with the requirements of the Clean Air 
Act (42 U.S.C. 7401 et seq.) as in effect on November 14, 1990, shall 
submit to the Administrator an implementation plan meeting the 
requirements of subchapter I (except as otherwise prescribed by section 
215502 of this title).
Sec. 215502. Attainment dates
  (a) Plans Under Section 215501(a).--Implementation plans required 
under section 215501(a) of this title shall provide for attainment of 
the relevant primary standard as expeditiously as practicable but not 
later than 5 years after the date of the nonattainment designation.
  (b) Plans Under Section 215501(b).--Implementation plans required 
under section 215501(b) of this title shall provide for attainment of 
the relevant primary NAAQS within 5 years after November 15, 1990.
  (c) Inadequate Plans.--Implementation plans for nonattainment areas 
for sulfur oxides or nitrogen dioxide with plans that were approved by 
the Administrator before November 15, 1990, but, subsequent to 
approval, were found by the Administrator to be substantially 
inadequate, shall provide for attainment of the relevant primary 
standard within 5 years after the date of the finding.

                   Subchapter VI--Savings Provisions

Sec. 215601. General savings clause
  Each regulation, standard, notice, order, and guidance promulgated or 
issued by the Administrator under the Clean Air Act (42 U.S.C. 7401 et 
seq.) (as in effect before November 15, 1990) shall remain in effect 
according to its terms, except to the extent otherwise provided under 
this division, inconsistent with any provision of this division, or 
revised by the Administrator. No control requirement in effect, or 
required to be adopted by an order, settlement agreement, or plan in 
effect before November 15, 1990, in any area that is a nonattainment 
area for any air pollutant may be modified in any manner unless the 
modification ensures equivalent or greater emission reductions of that 
air pollutant.

          Subdivision 3--Emission Standards for Moving Sources

         Chapter 221--Motor Vehicle Emission And Fuel Standards

Sec.
221101. Definitions.
221102. Emission standards for new motor vehicles or new motor vehicle 
          engines.
221103. Prohibited acts.
221104. Injunction proceedings.
221105. Civil penalties.
221106. Motor vehicle and motor vehicle engine compliance testing and 
          certification.
221107. Compliance by vehicles and engines in actual use.
221108. Information collection.
221109. State standards.
221110. State grants.
221111. Regulation of fuels.
221112. Renewable fuel.
221113. Nonroad engines and nonroad vehicles.
221114. High altitude performance adjustments.
221115. Motor vehicle compliance program fees.
221116. Prohibition of production of engines requiring leaded gasoline.
221117. Urban bus standards.
Sec. 221101. Definitions
  In this chapter:
          (1) Commerce.--The term ``commerce'' means--
                  (A) commerce between any place in any State and any 
                place outside the State; and
                  (B) commerce wholly within the District of Columbia.
          (2) Dealer.--The term ``dealer'' means any person engaged in 
        the sale or distribution of new motor vehicles or new motor 
        vehicle engines to an ultimate purchaser.
          (3) Gross vehicle weight rating.--The term ``gross vehicle 
        weight rating'' has the meaning given the term in regulations 
        promulgated by the Administrator and in effect as of November 
        15, 1990.
          (4) GVWR.--The term ``GVWR'' means gross vehicle weight 
        rating.
          (5) Heavy-duty vehicle.--
                  (A) In general.--The term ``heavy-duty vehicle'' 
                means a truck, bus, or other vehicle manufactured 
                primarily for use on the public streets, roads, and 
                highways (not including any vehicle operated 
                exclusively on a rail or rails) that has a gross 
                vehicle weight rating (as determined under regulations 
                promulgated by the Administrator) in excess of 6,000 
                pounds.
                  (B) Inclusions.--The term ``heavy-duty vehicle'' 
                includes any vehicle described in subparagraph (A) that 
                has special features enabling off-street or off-highway 
                operation and use.
          (6) LDT.--The term ``LDT'' means light-duty truck.
          (7) Light-duty truck.--The term ``light-duty truck'' has the 
        meaning given the term in regulations promulgated by the 
        Administrator and in effect as of November 15, 1990.
          (8) Light-duty vehicle.--The term ``light-duty vehicle'' has 
        the meaning given the term in regulations promulgated by the 
        Administrator and in effect as of November 15, 1990.
          (9) Loaded vehicle weight.--The term ``loaded vehicle 
        weight'' has the meaning given the term in regulations 
        promulgated by the Administrator and in effect as of November 
        15, 1990.
          (10) LVW.--The term ``LVW'' means loaded vehicle weight.
          (11) Manufacturer.--
                  (A) In general.--The term ``manufacturer'', as used 
                in sections 221102, 221103, 221106, 221107, and 221108 
                of this title, means--
                          (i) any person that is engaged in 
                        manufacturing, assembling, or importing for 
                        resale new motor vehicles, new motor vehicle 
                        engines, new nonroad vehicles, or new nonroad 
                        engines; or
                          (ii) any person that acts for and is under 
                        the control of a person described in clause (i) 
                        in connection with the distribution of new 
                        motor vehicles, new motor vehicle engines, new 
                        nonroad vehicles, or new nonroad engines.
                  (B) Exclusions.--The term ``manufacturer'', as used 
                in sections 221102, 221103, 221106, 221107, and 221108 
                of this title, does not include any dealer with respect 
                to new motor vehicles, new motor vehicle engines, new 
                nonroad vehicles, or new nonroad engines received by 
                the dealer in commerce.
                  (C) Motor vehicle parts and motor vehicle engine 
                parts.--The term ``manufacturer'', as used in sections 
                221107 and 221108 of this title with reference to a 
                manufacturer of a motor vehicle part or motor vehicle 
                engine part, means any person engaged in the 
                manufacturing, assembling or rebuilding of any device, 
                system, part, component, or element of design that is 
                installed in or on a motor vehicle or motor vehicle 
                engine.
          (12) Model year.--
                  (A) In general.--Subject to subparagraph (B), the 
                term ``model year'', with reference to any specific 
                calendar year, means--
                          (i) a manufacturer's annual production period 
                        (as determined by the Administrator) that 
                        includes January 1 of that calendar year; or
                          (ii) with respect to a manufacturer that has 
                        no annual production period, the calendar year.
                  (B) Definition by the administrator.--For the purpose 
                of ensuring that vehicles and engines manufactured 
                before the beginning of a model year are not 
                manufactured for purposes of circumventing the 
                effective date of a standard required to be prescribed 
                by section 221102(b) of this title, the Administrator 
                may prescribe regulations defining the term ``model 
                year'' otherwise than as provided in subparagraph (A).
          (13) Motor vehicle.--The term ``motor vehicle'' means any 
        self-propelled vehicle designed for transporting persons or 
        property on a street or highway.
          (14) New motor vehicle.--
                  (A) In general.--Except with respect to vehicles 
                imported or offered for importation, the term ``new 
                motor vehicle'' means a motor vehicle the equitable or 
                legal title to which has never been transferred to an 
                ultimate purchaser.
                  (B) Vehicles imported or offered for importation.--
                With respect to a vehicle imported or offered for 
                importation, the term ``new motor vehicle'' means a 
                motor vehicle manufactured after the effective date of 
                a regulation issued under section 221102 of this title 
                that is applicable to the vehicle (or that would be 
                applicable to the vehicle had it been manufactured for 
                importation into the United States).
          (15) New motor vehicle engine.--
                  (A) In general.--Except with respect to an engine 
                imported or offered for importation, the term ``new 
                motor vehicle engine'' means--
                          (i) an engine in a new motor vehicle; or
                          (ii) a motor vehicle engine the equitable or 
                        legal title to which has never been transferred 
                        to an ultimate purchaser.
                  (B) Engines imported or offered for importation.--
                With respect to an engine imported or offered for 
                importation, the term ``new motor vehicle engine'' 
                means an engine manufactured after the effective date 
                of a regulation issued under section 221102 of this 
                title that is applicable to the engine (or that would 
                be applicable to the engine had it been manufactured 
                for importation into the United States).
          (16) NMHC.--The term ``NMHC'' means nonmethane hydrocarbon.
          (17) Nonroad engine.--The term ``nonroad engine'' means an 
        internal combustion engine (including the fuel system) that--
                  (A) is not used in a motor vehicle or a vehicle used 
                solely for competition; or
                  (B) is not subject to standards promulgated under 
                section 211111 or 221102 of this title.
          (18) Nonroad vehicle.--The term ``nonroad vehicle'' means a 
        vehicle that--
                  (A) is powered by a nonroad engine; and
                  (B) is not a motor vehicle or a vehicle used solely 
                for competition.
          (19) Test weight.--The term ``test weight'', with reference 
        to the test weight of a vehicle, means--
                  (A)(i) the vehicle curb weight of the vehicle; plus
                  (ii) the gross vehicle weight rating of the vehicle; 
                divided by
                  (B) 2.
          (20) TW.--The term ``TW'' means test weight.
          (21) Ultimate purchaser.--The term ``ultimate purchaser'' 
        means, with respect to any new motor vehicle or new motor 
        vehicle engine, the 1st person that in good faith purchases the 
        new motor vehicle or new engine for purposes other than resale.
          (22) Vehicle curb weight.--The term ``vehicle curb weight'' 
        has the meaning given the term in regulations promulgated by 
        the Administrator and in effect as of November 15, 1990.
Sec. 221102. Emission standards for new motor vehicles or new motor 
                    vehicle engines
  (a) In General.--
          (1) Regulations.--
                  (A) In general.--The Administrator shall by 
                regulation prescribe (and from time to time revise) 
                standards applicable to the emission of any air 
                pollutant from any class or classes of new motor 
                vehicles or new motor vehicle engines that, in the 
                Administrator's judgment, cause or contribute to air 
                pollution that may reasonably be anticipated to 
                endanger public health or welfare.
                  (B) Applicability for useful life.--The standards 
                shall be applicable to such vehicles and engines for 
                their useful life, whether the vehicles and engines are 
                designed as complete systems or incorporate devices to 
                prevent or control air pollution.
                  (C) Regulations.--The Administrator shall prescribe 
                regulations under which the useful life of vehicles and 
                engines shall be determined for purposes of this 
                paragraph and section 221107 of this title. The 
                regulations shall provide that except where a different 
                useful life period is specified in this subdivision--
                          (i) in the case of light-duty vehicles and 
                        light-duty vehicle engines and light-duty 
                        trucks up to 3,750 pounds loaded vehicle weight 
                        and up to 6,000 pounds gross vehicle weight 
                        rating, useful life shall be a period of use of 
                        5 years or 50,000 miles (or the equivalent), 
                        whichever first occurs, except that in the case 
                        of any requirement of this section where the 
                        useful life period is not otherwise specified 
                        for light-duty vehicles and light-duty vehicle 
                        engines, the period shall be 10 years or 
                        100,000 miles (or the equivalent), whichever 
                        first occurs, with testing for purposes of in-
                        use compliance under section 221107 of this 
                        title up to (but not beyond) 7 years or 75,000 
                        miles (or the equivalent), whichever first 
                        occurs;
                          (ii) in the case of any other motor vehicle 
                        or motor vehicle engine (other than motorcycles 
                        or motorcycle engines), useful life shall be a 
                        period of use set forth in clause (i) unless 
                        the Administrator determines that a period of 
                        use of greater duration or mileage is 
                        appropriate; and
                          (iii) in the case of any motorcycle or 
                        motorcycle engine, useful life shall be a 
                        period of use determined by the Administrator.
          (2) Effective date.--Any regulation prescribed under 
        paragraph (1) (and any revision thereof) shall take effect 
        after such period as the Administrator finds necessary to 
        permit the development and application of the requisite 
        technology, giving appropriate consideration to the cost of 
        compliance within that period.
          (3) Heavy-duty vehicles and engines.--
                  (A) In general.--
                          (i) Greatest degree of emission reduction.--
                        Unless the standard is changed as provided in 
                        subparagraph (B), regulations under paragraph 
                        (1) applicable to emissions of hydrocarbons, 
                        carbon monoxide, nitrogen oxides, and 
                        particulate matter from classes or categories 
                        of heavy-duty vehicles or engines shall contain 
                        standards that reflect the greatest degree of 
                        emission reduction achievable through the 
                        application of technology that the 
                        Administrator determines will be available for 
                        the model year to which the standards apply, 
                        giving appropriate consideration to cost, 
                        energy, and safety factors associated with the 
                        application of the technology.
                          (ii) Classes and categories.--In establishing 
                        classes or categories of vehicles or engines 
                        for purposes of regulations under this 
                        paragraph, the Administrator may base the 
                        classes or categories on gross vehicle weight, 
                        horsepower, type of fuel used, or other 
                        appropriate factors.
                  (B) Revised standards for heavy-duty vehicles.--
                          (i) In general.--On the basis of information 
                        available to the Administrator concerning the 
                        effects of air pollutants emitted from heavy-
                        duty vehicles or engines and from other sources 
                        of mobile source-related pollutants on the 
                        public health and welfare, and taking costs 
                        into account, the Administrator may promulgate 
                        regulations under paragraph (1) revising any 
                        standard promulgated under, or before the date 
                        of enactment of, Public Law 101-549 (104 Stat. 
                        2399) (commonly known as the Clean Air Act 
                        Amendments of 1990) (or previously revised 
                        under this subparagraph) and applicable to 
                        classes or categories of heavy-duty vehicles or 
                        engines.
                          (ii) Nitrogen oxides.--The regulations under 
                        paragraph (1) applicable to emissions of 
                        nitrogen oxides from gasoline-fueled heavy-duty 
                        vehicles and diesel-fueled heavy-duty vehicles 
                        shall contain standards that provide that such 
                        emissions may not exceed 4.0 grams per brake 
                        horsepower hour.
                  (C) Lead time and stability.--Any standard 
                promulgated or revised under this paragraph and 
                applicable to classes or categories of heavy-duty 
                vehicles or engines shall apply for a period of not 
                less than 3 model years beginning not earlier than the 
                model year commencing 4 years after the revised 
                standard is promulgated.
                  (D) Rebuilding practices.--
                          (i) In general.--The Administrator shall 
                        study the practice of rebuilding heavy-duty 
                        engines and the impact rebuilding has on engine 
                        emissions. On the basis of that study and other 
                        information available to the Administrator, the 
                        Administrator may prescribe requirements to 
                        control rebuilding practices, including 
                        standards applicable to emissions from any 
                        rebuilt heavy-duty engines (whether or not the 
                        engine is past its statutory useful life), that 
                        in the Administrator's judgment, cause or 
                        contribute to air pollution that may reasonably 
                        be anticipated to endanger public health or 
                        welfare, taking costs into account.
                          (ii) Effective date.--Any regulation shall 
                        take effect after a period that the 
                        Administrator finds necessary to permit the 
                        development and application of the requisite 
                        control measures, giving appropriate 
                        consideration to the cost of compliance within 
                        the period and energy and safety factors.
                  (E) Motorcycles.--For purposes of this paragraph, 
                motorcycles and motorcycle engines shall be treated in 
                the same manner as heavy-duty vehicles and engines 
                (except as otherwise permitted under section 221106(f) 
                of this title) unless the Administrator promulgates a 
                regulation reclassifying motorcycles as light-duty 
                vehicles within the meaning of this section or unless 
                the Administrator promulgates regulations under this 
                subsection applying standards applicable to the 
                emission of air pollutants from motorcycles as a 
                separate class or category. In any case in which such 
                standards are promulgated for such emissions from 
                motorcycles as a separate class or category, the 
                Administrator, in promulgating the standards, shall 
                consider the need to achieve equivalency of emission 
                reductions between motorcycles and other motor vehicles 
                to the maximum extent practicable.
          (4) No causation of contribution to unreasonable risk to 
        public health or safety.--
                  (A) In general.--No emission control device, system, 
                or element of design shall be used in a new motor 
                vehicle or new motor vehicle engine for purposes of 
                complying with requirements prescribed under this 
                subdivision if the device, system, or element of design 
                will cause or contribute to an unreasonable risk to 
                public health, welfare, or safety in its operation or 
                function.
                  (B) Considerations.--In determining whether an 
                unreasonable risk exists under subparagraph (A), the 
                Administrator shall consider, among other factors--
                          (i) whether and to what extent the use of any 
                        device, system, or element of design causes, 
                        increases, reduces, or eliminates emissions of 
                        any unregulated pollutants;
                          (ii) available methods for reducing or 
                        eliminating any risk to public health, welfare, 
                        or safety that may be associated with the use 
                        of the device, system, or element of design;
                          (iii) the availability of other devices, 
                        systems, or elements of design that may be used 
                        to conform to requirements prescribed under 
                        this subdivision without causing or 
                        contributing to the unreasonable risk; and
                          (iv) all relevant information developed 
                        pursuant to section 214 of the Clean Air Act 
                        (42 U.S.C. 7548) (as in effect before the 
                        repeal of that section).
          (5) Fill pipe standards.--
                  (A) Definition of fill pipe.--In this paragraph, the 
                term ``fill pipe'' includes a fuel tank fill pipe, fill 
                neck, fill inlet, and closure.
                  (B) In general.--If the Administrator promulgates 
                final regulations that define the degree of control 
                required and the test procedures by which compliance 
                could be determined for gasoline vapor recovery of 
                uncontrolled emissions from the fueling of motor 
                vehicles, the Administrator shall, after consultation 
                with the Secretary of Transportation with respect to 
                motor vehicle safety, prescribe, by regulation, fill 
                pipe standards for new motor vehicles to ensure 
                effective connection between the fill pipe and any 
                vapor recovery system that the Administrator determines 
                may be required to comply with the vapor recovery 
                regulations.
                  (C) Considerations.--In promulgating standards under 
                subparagraph (B), the Administrator shall take into 
                consideration--
                          (i) limits on fill pipe diameter;
                          (ii) minimum design criteria for nozzle 
                        retainer lips;
                          (iii) limits on the location of the unleaded 
                        fuel restrictors;
                          (iv) a minimum access zone surrounding a fill 
                        pipe;
                          (v) a minimum pipe or nozzle insertion angle; 
                        and
                          (vi) such other factors as the Administrator 
                        considers pertinent.
                  (D) Effective date.--Regulations prescribing 
                standards under subparagraph (B) shall not become 
                effective until the introduction of the model year for 
                which it would be feasible to implement the standards, 
                taking into consideration the restraints of an adequate 
                leadtime for design and production.
                  (E) Effect of paragraph.--Nothing in this paragraph 
                shall--
                          (i) prevent the Administrator from specifying 
                        different nozzle and fill neck sizes for 
                        gasoline with additives and gasoline without 
                        additives; or
                          (ii) permit the Administrator to require a 
                        specific location, configuration, modeling, or 
                        styling of a motor vehicle body with respect to 
                        the fuel tank fill neck or fill nozzle 
                        clearance envelope.
          (6) Onboard vapor recovery.--
                  (A) In general.--After consultation with the 
                Secretary of Transportation regarding the safety of 
                vehicle-based (``onboard'') systems for the control of 
                vehicle refueling emissions, the Administrator shall 
                promulgate standards under this section requiring that 
                new light-duty vehicles manufactured beginning in the 
                4th model year after the model year in which the 
                standards are promulgated and thereafter shall be 
                equipped with onboard vapor recovery systems.
                  (B) Implementation schedule.--Beginning with the 4th 
                model year after the model year in which the standards 
                are promulgated, the standards required under this 
                paragraph shall apply to the following percentages of 
                each manufacturer's fleet of new light-duty vehicles:

     Implementation Schedule for Onboard Vapor Recovery Requirements
------------------------------------------------------------------------
  Model year commencing after  standards
               promulgated                          Percentage*
------------------------------------------------------------------------
4th......................................                40
5th......................................                80
After 5th................................               100
------------------------------------------------------------------------
*Percentages in the table refer to a percentage of the manufacturer's
  sales volume.

                  (C) Minimum evaporative emission capture 
                efficiency.--The standards required under this 
                paragraph shall require that onboard vapor recovery 
                systems provide a minimum evaporative emission capture 
                efficiency of 95 percent.
                  (D) Other requirements.--The requirements of section 
                215203(b)(4) of this title for areas classified under 
                section 215202 of this title as a moderate area for 
                ozone shall not apply after promulgation of standards 
                under this paragraph, and the Administrator may, by 
                regulation, revise or waive the application of the 
                requirements of section 215203(b)(4) of this title for 
                areas classified under section 215202 of this title as 
                a serious area, severe area, or extreme area for ozone, 
                as appropriate, after such time as the Administrator 
                determines that onboard emission control systems 
                required under this paragraph are in widespread use 
                throughout the motor vehicle fleet.
  (b) Carbon Monoxide, Hydrocarbons, and Nitrogen Oxides.--
          (1) In general.--
                  (A) Carbon monoxide and hydrocarbons.--
                          (i) Hydrocarbons.--The regulations under 
                        subsection (a) applicable to emissions of 
                        hydrocarbons from light-duty vehicles and 
                        engines shall contain standards that require a 
                        reduction of at least 90 percent from emissions 
                        of hydrocarbons allowable under the standards 
                        under this section applicable to light-duty 
                        vehicles and engines manufactured in model year 
                        1970.
                          (ii) Carbon monoxide.--Unless waived as 
                        provided in paragraph (2), the regulations 
                        under subsection (a) applicable to emissions of 
                        carbon monoxide from light-duty vehicles and 
                        engines shall contain standards that require a 
                        reduction of at least 90 percent from emissions 
                        of carbon monoxide allowable under the 
                        standards under this section applicable to 
                        light-duty vehicles and engines manufactured in 
                        model year 1970.
                  (B) Nitrogen oxides.--The regulations under 
                subsection (a) applicable to emissions of nitrogen 
                oxides from light-duty vehicles and engines shall 
                contain standards that provide that such emissions from 
                such vehicles and engines may not exceed 1.0 gram per 
                vehicle mile.
                  (C) Revision of standards.--The Administrator may 
                promulgate regulations under subsection (a)(1) revising 
                any standard prescribed or previously revised under 
                this subsection, as needed to protect public health or 
                welfare, taking costs, energy, and safety into account. 
                Any revised standard shall require a reduction of 
                emissions from the standard that was previously 
                applicable. Any such revision under this subdivision 
                may provide for a phase-in of the standard.
          (2) Measurement techniques.--With any emission standard 
        promulgated under paragraph (1), the Administrator shall 
        promulgate measurement techniques on which the emission 
        standard is based.
          (3) Waiver.--
                  (A) In general.--On the petition of any manufacturer, 
                the Administrator, after notice and opportunity for 
                public hearing, may waive the standard required under 
                paragraph (1)(B) to not exceed 1.5 grams of nitrogen 
                oxides per vehicle mile for any class or category of 
                light-duty vehicles or engines manufactured by the 
                manufacturer during any period of up to 4 model years 
                if the manufacturer demonstrates that--
                          (i) the waiver is necessary to permit the use 
                        of an innovative power train technology, or 
                        innovative emission control device or system, 
                        in that class or category of vehicles or 
                        engines; and
                          (ii) that technology or system was not 
                        utilized by more than 1 percent of the light-
                        duty vehicles sold in the United States in the 
                        1975 model year.
                  (B) Determinations.--A waiver under subparagraph (A) 
                may be granted only if the Administrator determines 
                that--
                          (i) the waiver would not endanger public 
                        health;
                          (ii) there is a substantial likelihood that 
                        the vehicles or engines will be able to comply 
                        with the applicable standard under this section 
                        on expiration of the waiver; and
                          (iii) the technology or system has a 
                        potential for long-term air quality benefit and 
                        has the potential to meet or exceed the average 
                        fuel economy standard applicable under the 
                        Energy Policy and Conservation Act (42 U.S.C. 
                        6201 et seq.) on the expiration of the waiver.
                  (C) Limitation.--No waiver under this paragraph 
                granted to any manufacturer shall apply to more than 
                the greater of--
                          (i) 5 percent of the manufacturer's 
                        production; or
                          (ii) 50,000 vehicles or engines.
  (c) New Power Sources or Propulsion Systems.--If a new power source 
or propulsion system for new motor vehicles or new motor vehicle 
engines is submitted for certification pursuant to section 221106(a) of 
this title, the Administrator may postpone certification until the 
Administrator has prescribed standards for any air pollutants emitted 
by the vehicle or engine that in the Administrator's judgment cause or 
contribute to air pollution that may reasonably be anticipated to 
endanger the public health or welfare but for which standards have not 
been prescribed under subsection (a).
  (d) High Altitude Regulations.--
          (1) In general.--Any high altitude regulation with respect to 
        motor vehicles or engines shall not require a percentage of 
        reduction in emissions that is greater than the required 
        percentage of reduction in emissions from motor vehicles and 
        engines set forth in subsection (b). The percentage reduction 
        shall be determined by comparing any proposed high altitude 
        emission standards to high altitude emissions from vehicles and 
        engines manufactured during model year 1970.
          (2) Docket.--Section 203102(d) of this title shall apply to 
        any high altitude regulation under paragraph (1).
          (3) Considerations.--Before promulgating any regulation under 
        paragraph (1), the Administrator shall consider and make a 
        finding with respect to--
                  (A) the economic impact on consumers, individual high 
                altitude dealers, and the automobile industry of any 
                such regulation, including the economic impact that was 
                experienced as a result of the regulation imposed 
                during model year 1977 with respect to high altitude 
                certification requirements;
                  (B) the present and future availability of emission 
                control technology capable of meeting the applicable 
                vehicle and engine emission requirements without 
                reducing model availability; and
                  (C) the likelihood that the adoption of such a high 
                altitude regulation will result in any significant 
                improvement in air quality in any area to which the 
                regulation will apply.
          (4) Inapplicability of earlier regulation.--The high altitude 
        regulation in effect with respect to model year 1977 motor 
        vehicles shall not apply to the manufacture, distribution, or 
        sale of later model year motor vehicles.
  (e) Buses.--The regulations under subsection (a) applicable to buses 
other than those subject to standards under section 221117 of this 
title shall contain a standard that provides that emissions of 
particulate matter from such buses may not exceed 0.10 grams per brake 
horsepower hour.
  (f) Light-Duty Trucks Up To 6,000 Pounds Gross Vehicle Weight Rating 
and Light-Duty Vehicles; Standards.--
          (1) Nonmethane hydrocarbons, carbon monoxide, and nitrogen 
        oxide.--The regulations under subsection (a) applicable to 
        emissions of nonmethane hydrocarbons, carbon monoxide, and 
        nitrogen oxides from light-duty trucks of up to 6,000 pounds 
        gross vehicle weight rating and light-duty vehicles shall 
        contain standards that provide that emissions from 100 percent 
        of each manufacturer's sales volume of light-duty trucks of up 
        to 6,000 pounds gross vehicle weight rating and light-duty 
        vehicles shall comply with the levels specified in table G.

table g--emission standards for nmhc, co, and nox from light-duty trucks of up to 6,000 lbs. gvwr and light-duty
                                                    vehicles
----------------------------------------------------------------------------------------------------------------
                                                                      Column A                  Column B
                                                             ---------------------------------------------------
                        Vehicle type                              (5 yrs/50,000 mi)        (10 yrs/100,000 mi)
                                                             ---------------------------------------------------
                                                               NMHC     CO       NOx     NMHC     CO       NOx
----------------------------------------------------------------------------------------------------------------
LDTs (0-3,750 lbs. LVW) and light-duty vehicles.............    0.25     3.4     0.4*     0.31     4.2      0.6*
LDTs (3,751-5,750 lbs. LVW).................................    0.32     4.4     0.7**    0.40     5.5      0.97
----------------------------------------------------------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
For standards under column A, for purposes of certification under section 221106 of this title, the applicable
  useful life shall be 5 years or 50,000 miles (or the equivalent), whichever first occurs.
For standards under column B, for purposes of certification under section 221106 of this title, the applicable
  useful life shall be 10 years or 100,000 miles (or the equivalent), whichever first occurs.
*In the case of diesel-fueled LDTs (0-3,750 LVW) and light-duty vehicles, before model year 2004, in lieu of the
  0.4 and 0.6 gpm standards for nitrogen oxides, the applicable standards for nitrogen oxides shall be 1.0 gpm
  for a useful life of 5 years or 50,000 miles (or the equivalent), whichever first occurs, and 1.25 gpm for a
  useful life of 10 years or 100,000 miles (or the equivalent) whichever first occurs.
**This standard does not apply to diesel-fueled LDTs (3,751-5,750 lbs. LVW).

          (2) PM standard.--The regulations under subsection (a) 
        applicable to emissions of particulate matter from light-duty 
        vehicles and light-duty trucks of up to 6,000 pounds gross 
        vehicle weight rating shall contain standards that provide that 
        such emissions from 100 percent of each manufacturer's sales 
        volume of light-duty vehicles and light-duty trucks of up to 
        6,000 pounds gross vehicle weight rating shall not exceed the 
        levels specified in the table below.

              PM Standard for LDTs of up to 6,000 lbs. GVWR
------------------------------------------------------------------------
            Useful life period                        Standard
------------------------------------------------------------------------
5/50,000.................................  0.08 gpm
10/100,000...............................  0.10 gpm
------------------------------------------------------------------------
The applicable useful life, for purposes of certification under section
  221106 of this title and for purposes of in-use compliance under
  section 221107 of this title, shall be 5 years or 50,000 miles (or the
  equivalent), whichever first occurs, in the case of the 5/50,000
  standard.
The applicable useful life, for purposes of certification under section
  221106 of this title and for purposes of in-use compliance under
  section 221107 of this title, shall be 10 years or 100,000 miles (or
  the equivalent), whichever first occurs in the case of the 10/100,000
  standard.

  (g) Light-Duty Trucks of More Than 6,000 Pounds Gross Vehicle Weight 
Rating.--The regulations under subsection (a) applicable to emissions 
of nonmethane hydrocarbons, carbon monoxide, nitrogen oxides, and 
particulate matter from light-duty trucks of more than 6,000 pounds 
gross vehicle weight rating shall contain standards that provide that 
emissions from 100 percent of each manufacturer's sales volume of 
light-duty trucks of more than 6,000 pounds gross vehicle weight rating 
shall comply with the levels specified in table H.

  table h--emission standards for nmhc and co from gasoline-fueled and diesel-fueled light-duty trucks of more
                                              than 6,000 lbs. gvwr
----------------------------------------------------------------------------------------------------------------
                                                                 Column A                    Column B
                                                         -------------------------------------------------------
                     LDT Test weight                         (5 yrs/50,000 mi)          (11 yrs/120,000 mi)
                                                         -------------------------------------------------------
                                                           NMHC     CO      NOx    NMHC     CO      NOx     PM
----------------------------------------------------------------------------------------------------------------
3,751-5,750 lbs. TW.....................................    0.32     4.4    0.7*    0.46     6.4    0.98    0.10
Over 5,750 lbs. TW......................................    0.39     5.0    1.1*    0.56     7.3    1.53    0.12
----------------------------------------------------------------------------------------------------------------
Standards are expressed in grams per mile (GPM).
For standards under column A, for purposes of certification under section 221106 of this title, the applicable
  useful life shall be 5 years or 50,000 miles (or the equivalent), whichever first occurs.
For standards under column B, for purposes of certification under section 221106 of this title, the applicable
  useful life shall be 11 years or 120,000 miles (or the equivalent), whichever first occurs.
*Not applicable to diesel-fueled LDTs.

  (h) Phase II Study for Certain Light-Duty Vehicles and Light-Duty 
Trucks.--
          (1) In general.--The Administrator shall study whether or not 
        further reductions in emissions from light-duty vehicles and 
        light-duty trucks should be required pursuant to this 
        subdivision. The study shall consider whether to establish the 
        standards and useful life period for gasoline-fueled and 
        diesel-fueled light-duty vehicles and light-duty trucks with a 
        loaded vehicle weight of 3,750 pounds or less specified in the 
        following table:

   table 3--pending emission standards for gasoline-fueled and diesel-
 fueled light-duty vehicles and light-duty trucks 3,750 lbs. lvw or less
------------------------------------------------------------------------
              Pollutant                         Emission level*
------------------------------------------------------------------------
NMHC.................................  0.125 gpm
NOx..................................  0.2 gpm
CO...................................  1.7 gpm
------------------------------------------------------------------------
*Emission levels are expressed in grams per mile (GPM). For vehicles and
  engines subject to this subsection for purposes of subsection (a) and
  any reference thereto, the useful life of such vehicles and engines
  shall be a period of 10 years or 100,000 miles (or the equivalent),
  whichever first occurs.

          (2) Other standards and useful life periods.--The study under 
        paragraph (1) shall also consider other standards and useful 
        life periods that are more stringent or less stringent than 
        those set forth in table 3 (but more stringent than those 
        described in subsections (f) and (g)).
          (3) Examination of need for further reductions.--
                  (A) In general.--As part of the study under paragraph 
                (1), the Administrator shall examine the need for 
                further reductions in emissions in order to attain or 
                maintain the NAAQSes, taking into consideration the 
                waiver provisions of section 221109 of this title. As 
                part of the study, the Administrator shall examine--
                          (i) the availability of technology (including 
                        the costs thereof), in the case of light-duty 
                        vehicles and light-duty trucks with a loaded 
                        vehicle weight of 3,750 pounds or less, for 
                        meeting more stringent emission standards than 
                        those provided in subsections (f) and (g) for 
                        model years commencing not earlier than after 
                        January 1, 2003, and not later than model year 
                        2006, including the lead time and safety and 
                        energy impacts of meeting more stringent 
                        emission standards; and
                          (ii) the need for, and cost effectiveness of, 
                        obtaining further reductions in emissions from 
                        light-duty vehicles and light-duty trucks with 
                        a loaded vehicle weight of 3,750 pounds or 
                        less, taking into consideration alternative 
                        means of attaining or maintaining the primary 
                        NAAQSes pursuant to State implementation plans 
                        and other requirements of this division, 
                        including their feasibility and cost 
                        effectiveness.
                  (B) Report.--The Administrator shall submit a report 
                to Congress containing the results of the study under 
                this subsection, including the results of the 
                examination conducted under subparagraph (A). Before 
                submittal of the report the Administrator shall provide 
                a reasonable opportunity for public comment and shall 
                include a summary of public comments in the report to 
                Congress.
          (4) Determination.--
                  (A) In general.--Based on the study under paragraph 
                (1), the Administrator shall determine, by regulation, 
                whether--
                          (i) there is a need for further reductions in 
                        emissions as provided in paragraph (3)(A);
                          (ii) the technology for meeting more 
                        stringent emission standards will be available, 
                        as provided in paragraph (3)(A)(i), in the case 
                        of light-duty vehicles and light-duty trucks 
                        with a loaded vehicle weight of 3,750 pounds or 
                        less, for model years commencing not earlier 
                        than January 1, 2003, and not later than model 
                        year 2006, considering the factors listed in 
                        paragraph (3)(A)(i); and
                          (iii) obtaining further reductions in 
                        emissions from such vehicles will be needed and 
                        cost effective, taking into consideration 
                        alternatives as provided in paragraph 
                        (3)(A)(ii).
                  (B) No more stringent standards.--
                          (i) In general.--If the Administrator 
                        determines under subparagraph (A) that--
                                  (I) there is no need for further 
                                reductions in emissions as provided in 
                                paragraph (3)(A);
                                  (II) the technology for meeting more 
                                stringent emission standards will not 
                                be available as provided in paragraph 
                                (3)(A)(i), in the case of light-duty 
                                vehicles and light-duty trucks with a 
                                loaded vehicle weight of 3,750 pounds 
                                or less, for model years commencing not 
                                earlier than January 1, 2003, and not 
                                later than model year 2006, considering 
                                the factors listed in paragraph 
                                (3)(A)(i); or
                                  (III) obtaining further reductions in 
                                emissions from such vehicles will not 
                                be needed or cost effective, taking 
                                into consideration alternatives as 
                                provided in paragraph (3)(A)(ii);
                        the Administrator shall not promulgate more 
                        stringent standards than those in effect 
                        pursuant to subsections (f) and (g).
                          (ii) Effect of subparagraph.--Nothing in this 
                        subparagraph shall prohibit the Administrator 
                        from exercising the Administrator's authority 
                        under subsection (a) to promulgate more 
                        stringent standards for light-duty vehicles and 
                        light-duty trucks with a loaded vehicle weight 
                        of 3,750 pounds or less at any other time 
                        thereafter in accordance with subsection (a).
                  (C) More stringent standards.--If the Administrator 
                determines under subparagraph (A) that--
                          (i) there is a need for further reductions in 
                        emissions as provided in paragraph (3)(A);
                          (ii) the technology for meeting more 
                        stringent emission standards will be available, 
                        as provided in paragraph (3)(A)(i), in the case 
                        of light-duty vehicles and light-duty trucks 
                        with a loaded vehicle weight of 3,750 pounds or 
                        less, for model years commencing not earlier 
                        than January 1, 2003, and not later than model 
                        year 2006, considering the factors listed in 
                        paragraph (3)(A)(i); and
                          (iii) obtaining further reductions in 
                        emissions from such vehicles will be needed and 
                        cost effective, taking into consideration 
                        alternatives as provided in paragraph 
                        (3)(A)(ii);
                the Administrator shall promulgate the standards (and 
                useful life periods) set forth in table 3 in paragraph 
                (1) or promulgate alternative standards (and useful 
                life periods) that are more stringent than those 
                described in subsections (f) and (g).
                  (D) Effect of paragraph.--Nothing in this paragraph 
                shall be construed by the Administrator or by a court 
                as a presumption that any standards (or useful life 
                period) set forth in table 3 shall be promulgated in 
                the rulemaking required under this paragraph.
                  (E) Nondiscretionary duty.--The action required of 
                the Administrator in accordance with this paragraph 
                shall be treated as a nondiscretionary duty for 
                purposes of section 203104(b)(2) of this title.
                  (F) Applicability of emission standards in table 3.--
                The regulations under subsection (a) applicable to 
                emissions of nonmethane hydrocarbons, nitrogen oxides, 
                and carbon monoxide from motor vehicles and motor 
                vehicle engines in the classes specified in table 3 in 
                paragraph (1) shall contain standards that provide that 
                emissions may not exceed the pending emission levels 
                specified in table 3 in paragraph (1) unless--
                          (i) the Administrator determines not to 
                        promulgate more stringent standards as provided 
                        in subparagraph (B);
                          (ii) the Administrator determines to postpone 
                        the effective date of standards described in 
                        table 3 in paragraph (1); or
                          (iii) the Administrator determines to 
                        establish alternative standards as provided in 
                        subparagraph (C).
  (i) Cold Carbon Monoxide Standard.--
          (1) In general.--
                  (A) Regulations.--The Administrator shall promulgate 
                regulations under subsection (a) applicable to 
                emissions of carbon monoxide from light-duty vehicles 
                and light-duty trucks when operated at 20 degrees 
                Fahrenheit.
                  (B) Standards.--The regulations shall contain 
                standards that provide that emissions of carbon 
                monoxide from 100 percent of each manufacturer's 
                vehicles when operated at 20 degrees Fahrenheit may not 
                exceed--
                          (i) in the case of light-duty vehicles, 10.0 
                        grams per mile; and
                          (ii) in the case of light-duty trucks, a 
                        level comparable in stringency to the standard 
                        applicable to light-duty vehicles.
          (2) Useful life standards.--In the case of the standards 
        under paragraph (1), for purposes of certification under 
        section 221106 of this title and in-use compliance under 
        section 221107 of this title, the applicable useful life period 
        shall be 5 years or 50,000 miles, whichever first occurs, 
        except that the Administrator may extend the useful life period 
        (for purposes of section 221106 or 221107 of this title, or 
        both) if the Administrator determines that it is feasible for 
        vehicles and engines subject to the standards to meet the 
        standards for a longer useful life. If the Administrator 
        extends the useful life period, the Administrator may make an 
        appropriate adjustment of applicable standards for the extended 
        useful life. No such extended useful life shall extend beyond 
        the useful life period provided in regulations under subsection 
        (a)(1)(C).
          (3) Heavy-duty vehicles and engines.--The Administrator may 
        promulgate regulations under subsection (a)(1) applicable to 
        emissions of carbon monoxide from heavy-duty vehicles and 
        engines when operated at cold temperatures.
  (j) Control of Evaporative Emissions.--
          (1) In general.--The Administrator shall promulgate (and from 
        time to time revise) regulations applicable to evaporative 
        emissions of hydrocarbons from all gasoline-fueled motor 
        vehicles--
                  (A) during operation; and
                  (B) over 2 or more days of nonuse;
        under ozone-prone summertime conditions (as determined by 
        regulations of the Administrator).
          (2) Effective date; emission reduction.--The regulations--
                  (A) shall take effect as expeditiously as possible; 
                and
                  (B) shall require the greatest degree of emission 
                reduction achievable by means reasonably expected to be 
                available for production during any model year to which 
                the regulations apply, giving appropriate consideration 
                to fuel volatility and to cost, energy, and safety 
                factors associated with the application of the 
                appropriate technology.
  (k) Mobile Source-Related Air Toxics.--
          (1) Study.--The Administrator shall complete a study of the 
        need for, and feasibility of, controlling emissions of toxic 
        air pollutants that are unregulated under this division and 
        associated with motor vehicles and motor vehicle fuels, and the 
        need for, and feasibility of, controlling such emissions and 
        the means and measures for such controls. The study shall focus 
        on the categories of emissions that pose the greatest risk to 
        human health or about which significant uncertainties remain, 
        including emissions of benzene, formaldehyde, and 1,3 
        butadiene. The proposed report shall be available for public 
        review and comment and shall include a summary of all comments.
          (2) Standards.--
                  (A) In general.--Based on the study under paragraph 
                (1), the Administrator shall promulgate (and from time 
                to time revise) regulations under subsection (a)(1) or 
                section 221111(d)(1) of this title containing 
                reasonable requirements to control hazardous air 
                pollutants from motor vehicles and motor vehicle fuels.
                  (B) Contents.--The regulations shall contain 
                standards for fuels, vehicles, or both, that the 
                Administrator determines reflect the greatest degree of 
                emission reduction achievable through the application 
                of technology that will be available, taking into 
                consideration--
                          (i) the standards established under 
                        subsection (a);
                          (ii) the availability and costs of the 
                        technology;
                          (iii) noise, energy, and safety factors; and
                          (iv) lead time.
                  (C) No inconsistency.--The regulations shall not be 
                inconsistent with standards under subsection (a).
                  (D) Benzene and formaldehyde.--The regulations shall, 
                at a minimum, apply to emissions of benzene and 
                formaldehyde.
  (l) Emission Control Diagnostics.--
          (1) Regulations.--The Administrator shall promulgate 
        regulations under subsection (a) requiring manufacturers to 
        install on all new light-duty vehicles and light-duty trucks 
        diagnostics systems capable of--
                  (A) accurately identifying, for the vehicle's useful 
                life, as established under this section, emission-
                related systems deterioration or malfunction 
                (including, at a minimum, the catalytic converter and 
                oxygen sensor) that could cause or result in failure of 
                a vehicle to comply with emission standards established 
                under this section;
                  (B) alerting the vehicle's owner or operator to the 
                likely need for emission-related components or systems 
                maintenance or repair;
                  (C) storing and retrieving fault codes specified by 
                the Administrator; and
                  (D) providing access to stored information in a 
                manner specified by the Administrator.
          (2) Heavy-duty vehicles and engines.--The Administrator may 
        promulgate regulations requiring manufacturers to install 
        onboard diagnostic systems described in paragraph (1) on heavy-
        duty vehicles and engines.
          (3) State inspection.--
                  (A) In general.--The Administrator shall by 
                regulation require States that have implementation 
                plans containing motor vehicle inspection and 
                maintenance programs to provide in the plans for--
                          (i) inspection of onboard diagnostics systems 
                        (as prescribed by regulations under paragraph 
                        (1)); and
                          (ii) maintenance or repair of malfunctions or 
                        system deterioration identified by or affecting 
                        such diagnostics systems.
                  (B) No inconsistency.--The regulations shall not be 
                inconsistent with the provisions for warranties 
                promulgated under subsections (b) and (c) of section 
                221107 of this title.
          (4) Specific requirements.--In promulgating regulations under 
        this subsection, the Administrator shall require--
                  (A) that any connectors through which the emission 
                control diagnostics system is accessed for inspection, 
                diagnosis, service, or repair shall be standard and 
                uniform on all motor vehicles and motor vehicle 
                engines;
                  (B) that access to the emission control diagnostics 
                system through such connectors shall be unrestricted 
                and shall not require any access code or any device 
                that is available only from a vehicle manufacturer; and
                  (C) that the output of the data from the emission 
                control diagnostics system through such connectors 
                shall be usable without the need for any unique 
                decoding information or device.
          (5) Information availability.--
                  (A) In general.--The Administrator, by regulation, 
                shall require (subject to the provisions of section 
                221108(c) of this title regarding the protection of 
                methods or processes entitled to protection as trade 
                secrets) manufacturers to provide promptly to any 
                person engaged in the repairing or servicing of motor 
                vehicles or motor vehicle engines, and the 
                Administrator for use by any such persons--
                          (i) all information needed to make use of the 
                        emission control diagnostics system prescribed 
                        under this subsection; and
                          (ii) other information including instructions 
                        for making emission related diagnosis and 
                        repairs.
                  (B) No withholding of information.--No information 
                described in subparagraph (A) may be withheld under 
                section 221108(c) of this title if the information is 
                provided (directly or indirectly) by the manufacturer 
                to franchised dealers or other persons engaged in the 
                repair, diagnosing, or servicing of motor vehicles or 
                motor vehicle engines.
                  (C) Availability to the administrator.--The 
                information shall be available to the Administrator, 
                subject to section 221108(c) of this title, in carrying 
                out the Administrator's responsibilities under this 
                section.
Sec. 221103. Prohibited acts
  (a) Enumerated Prohibitions.--
          (1) In general.--The following acts and the causing thereof 
        are prohibited:
                  (A)(i) In the case of a manufacturer of new motor 
                vehicles or new motor vehicle engines for distribution 
                in commerce, the sale, offering for sale, introduction 
                or delivery for introduction into commerce; or
                  (ii) in the case of any person, except as provided by 
                regulation of the Administrator, the importation into 
                the United States;
                of any new motor vehicle or new motor vehicle engine, 
                manufactured after the effective date of regulations 
                under this chapter that are applicable to the motor 
                vehicle or engine, unless the vehicle or engine is 
                covered by a certificate of conformity issued (and in 
                effect) under regulations prescribed under this chapter 
                or chapter 225 in the case of clean-fuel vehicles 
                (except as provided in subsection (b)).
                  (B)(i) For any person to fail or refuse to permit 
                access to or copying of records or to fail to make 
                reports or provide information required under section 
                221108 of this title.
                  (ii) For any person to fail or refuse to permit 
                entry, testing, or inspection authorized under section 
                221106(c) or 221108 of this title.
                  (iii) For any person to fail or refuse to perform 
                tests, or have tests performed, as required under 
                section 221108 of this title.
                  (iv) For any manufacturer to fail to make information 
                available as provided by regulation under section 
                221102(l)(5) of this title.
                  (C)(i) For any person to remove or render inoperative 
                any device or element of design installed on or in a 
                motor vehicle or motor vehicle engine in compliance 
                with regulations under this subdivision prior to its 
                sale and delivery to the ultimate purchaser, or for any 
                person knowingly to remove or render inoperative any 
                such device or element of design after such sale and 
                delivery to the ultimate purchaser.
                  (ii) For any person to manufacture or sell, offer to 
                sell, or install any part or component intended for use 
                with, or as part of, any motor vehicle or motor vehicle 
                engine, where a principal effect of the part or 
                component is to bypass, defeat, or render inoperative 
                any device or element of design installed on or in a 
                motor vehicle or motor vehicle engine in compliance 
                with regulations under this subdivision, and where the 
                person knows or should know that the part or component 
                is being offered for sale or installed for such use or 
                put to such use.
                  (D) For any manufacturer of a new motor vehicle or 
                new motor vehicle engine subject to standards 
                prescribed under section 221102 of this title or 
                chapter 225--
                          (i) to sell or lease any such vehicle or 
                        engine unless the manufacturer has complied 
                        with--
                                  (I) the requirements of subsections 
                                (b) and (c) of section 221107 of this 
                                title with respect to the vehicle or 
                                engine, and unless a label or tag is 
                                affixed to the vehicle or engine in 
                                accordance with section 221107(d)(4)(C) 
                                of this title; or
                                  (II) the corresponding requirements 
                                of chapter 225 in the case of clean 
                                fuel vehicles unless the manufacturer 
                                has complied with the corresponding 
                                requirements of chapter 225;
                          (ii) to fail or refuse to comply with the 
                        requirements of subsection (d) or (f) of 
                        section 221107 of this title, or the 
                        corresponding requirements of chapter 225 in 
                        the case of clean fuel vehicles;
                          (iii) except as provided in section 
                        221107(d)(4) of this title and the 
                        corresponding requirements of chapter 225 in 
                        the case of clean fuel vehicles, to provide 
                        directly or indirectly in any communication to 
                        an ultimate purchaser or any subsequent 
                        purchaser that the coverage of any warranty 
                        under this division is conditioned on use of 
                        any part, component, or system manufactured by 
                        the manufacturer or any person acting for the 
                        manufacturer or under the manufacturer's 
                        control, or conditioned on service performed by 
                        any such person; or
                          (iv) to fail or refuse to comply with the 
                        terms and conditions of the warranty under 
                        subsection (b) or (c) of section 221107 of this 
                        title or the corresponding requirements of 
                        chapter 225 in the case of clean fuel vehicles 
                        with respect to any vehicle.
                  (E) For any person to violate section 221116 or 
                221117 of this title or chapter 225 (including any 
                regulation under section 221116 or 221117 of this title 
                or chapter 225).
          (2) High altitude performance adjustments.--
                  (A) Definition of manufacturer part.--In this 
                paragraph, the term ``manufacturer part'' means, with 
                respect to a motor vehicle engine, a part produced or 
                sold by the manufacturer of the motor vehicle or motor 
                vehicle engine.
                  (B) Action with respect to element of design.--No 
                action with respect to any element of design described 
                in paragraph (1)(C) (including any adjustment or 
                alteration of any such element) shall be treated as a 
                prohibited act under paragraph (1)(C) if the action is 
                in accordance with section 221114 of this title.
                  (C) Effect of paragraph (1)(c).--Nothing in paragraph 
                (1)(C) shall be construed to require the use of 
                manufacturer parts in maintaining or repairing any 
                motor vehicle or motor vehicle engine.
                  (D) Action with respect to device or element of 
                design.--No action with respect to any device or 
                element of design described in paragraph (1)(C) shall 
                be treated as a prohibited act under paragraph (1)(C) 
                if--
                          (i) the action is for the purpose of repair 
                        or replacement of the device or element, or is 
                        a necessary and temporary procedure to repair 
                        or replace any other item and the device or 
                        element is replaced on completion of the 
                        procedure; and
                          (ii) the action thereafter results in the 
                        proper functioning of the device or element.
                  (E) Conversion for use of clean alternative fuel.--No 
                action with respect to any device or element of design 
                described in paragraph (1)(C) shall be treated as a 
                prohibited act under paragraph (1)(C) if--
                          (i) the action is for the purpose of a 
                        conversion of a motor vehicle for use of a 
                        clean alternative fuel (as defined in section 
                        225101 of this title);
                          (ii) the vehicle complies with the applicable 
                        standard under section 221102 of this title 
                        when operating on such fuel; and
                          (iii) in the case of a clean alternative fuel 
                        vehicle (as defined by regulation by the 
                        Administrator)--
                                  (I) the device or element is replaced 
                                on completion of the conversion 
                                procedure; and
                                  (II) that action results in proper 
                                functioning of the device or element 
                                when the motor vehicle operates on 
                                conventional fuel.
  (b) Exemptions; Refusal To Admit Vehicle or Engine Into United 
States; Vehicles or Engines Intended for Export.--
          (1) Exemptions.--The Administrator may exempt any new motor 
        vehicle or new motor vehicle engine from subsection (a) on such 
        terms and conditions as the Administrator may find necessary--
                  (A) for the purpose of research, investigations, 
                studies, demonstrations, or training; or
                  (B) for reasons of national security.
          (2) Refusal to admit vehicle or engine into united states.--A 
        new motor vehicle or new motor vehicle engine offered for 
        importation or imported by any person in violation of 
        subsection (a) shall be refused admission into the United 
        States, but the Secretary of the Treasury and the Administrator 
        may, by joint regulation, provide for deferring final 
        determination as to admission and authorizing the delivery of 
        such a motor vehicle or engine offered for import to the owner 
        or consignee thereof on such terms and conditions (including 
        the furnishing of a bond) as may appear to them appropriate to 
        ensure that any such motor vehicle or engine will be brought 
        into conformity with the standards, requirements, and 
        limitations applicable to it under this chapter. The Secretary 
        of the Treasury shall, if a motor vehicle or engine is finally 
        refused admission under this paragraph, cause disposition of 
        the motor vehicle or engine in accordance with the customs laws 
        unless the motor vehicle or engine is exported, under 
        regulations prescribed by the Secretary, within 90 days after 
        the date of notice of that refusal or such additional time as 
        may be permitted pursuant to the regulations, except that 
        disposition in accordance with the customs laws may not be made 
        in such manner as may result, directly or indirectly, in the 
        sale to an ultimate consumer of a new motor vehicle or new 
        motor vehicle engine that fails to comply with applicable 
        standards of the Administrator under this chapter.
          (3) Vehicles or engines intended for export.--A new motor 
        vehicle or new motor vehicle engine intended solely for export, 
        and so labeled or tagged on the outside of the container and on 
        the vehicle or engine itself, shall be subject to subsection 
        (a), except that if the country that is to receive the vehicle 
        or engine has emission standards that differ from the standards 
        prescribed under section 221102 of this title, the vehicle or 
        engine shall comply with the standards of that country.
Sec. 221104. Injunction proceedings
  (a) Jurisdiction.--The United States district courts shall have 
jurisdiction to restrain violations of section 221103(a) of this title.
  (b) Actions Brought by or in Name of United States.--An action to 
restrain a violation of section 221103(a) of this title shall be 
brought by and in the name of the United States.
  (c) Subpoenas.--In an action under subsection (b), a subpoena for a 
witness who is required to attend a United States district court in any 
judicial district may run into any other judicial district.
Sec. 221105. Civil penalties
  (a) Violations.--  
          (1) Subparagraph (a), (d), or (e) of section 221103(a)(1).--
        Any person that violates subparagraph (A), (D), or (E) of 
        section 221103(a)(1) of this title shall be subject to a civil 
        penalty of not more than $25,000.
          (2) Section 221103(a)(1)(b).--Any person that violates 
        section 221103(a)(1)(B) of this title shall be subject to a 
        civil penalty of not more than $25,000 per day of violation.
          (3) Section 221103(a)(1)(c).--
                  (A) Clause (i).--
                          (i) Manufacturer or dealer.--Any manufacturer 
                        or dealer that violates section 
                        221103(a)(1)(C)(i) of this title shall be 
                        subject to a civil penalty of not more than 
                        $25,000.
                          (ii) Person other than manufacturer or 
                        dealer.--Any person other than a manufacturer 
                        or dealer that violates section 
                        221103(a)(1)(C)(i) of this title shall be 
                        subject to a civil penalty of not more than 
                        $2,500.
                  (B) Clause (ii).--Any person that violates section 
                221103(a)(1)(C)(ii) of this title shall be subject to a 
                civil penalty of not more than $2,500.
          (4) Separate offenses.--
                  (A) Motor vehicles and motor vehicle engines.--Any 
                such violation of subparagraph (A), (C)(i), or (D) of 
                section 221103(a)(1) of this title shall constitute a 
                separate offense with respect to each motor vehicle or 
                motor vehicle engine.
                  (B) Parts and components.--Any such violation of 
                section 221103(a)(1)(C)(ii) of this title shall 
                constitute a separate offense with respect to each part 
                or component.
  (b) Civil Actions.--
          (1) In general.--The Administrator may commence a civil 
        action to assess and recover any civil penalty under subsection 
        (a) or section 221111(s) or 221113(e) of this title.
          (2) Place for action.--Any action under this subsection may 
        be brought in the United States district court for the district 
        in which the violation is alleged to have occurred or in which 
        the defendant resides or has its principal place of business, 
        and the court shall have jurisdiction to assess a civil 
        penalty.
          (3) Considerations.--In determining the amount of any civil 
        penalty to be assessed under this subsection, the court shall 
        take into account--
                  (A) the gravity of the violation;
                  (B) the economic benefit or savings (if any) 
                resulting from the violation;
                  (C) the size of the violator's business;
                  (D) the violator's history of compliance with this 
                subdivision;
                  (E) action taken to remedy the violation;
                  (F) the effect of the penalty on the violator's 
                ability to continue in business; and
                  (G) such other matters as justice may require.
          (4) Subpoenas.--In any action under this subsection, a 
        subpoena for a witness who is required to attend a district 
        court in any judicial district may run into any other judicial 
        district.
  (c) Administrative Assessment of Certain Penalties.--
          (1) Administrative penalty authority.--
                  (A) In general.--In lieu of commencing a civil action 
                under subsection (b), the Administrator may assess any 
                civil penalty prescribed in subsection (a) or section 
                221111(s) or 221113(e) of this title, except that the 
                maximum amount of penalty sought against each violator 
                in a penalty assessment proceeding shall not exceed 
                $200,000, unless the Administrator and the Attorney 
                General jointly determine that a matter involving a 
                larger penalty amount is appropriate for administrative 
                penalty assessment. Any such determination by the 
                Administrator and the Attorney General shall not be 
                subject to judicial review.
                  (B) Procedure.--Assessment of a civil penalty under 
                this subsection shall be by an order made on the record 
                after opportunity for a hearing in accordance with 
                sections 554 and 556 of title 5. The Administrator 
                shall issue reasonable rules for discovery and other 
                procedures for hearings under this paragraph. Before 
                issuing such an order, the Administrator shall give 
                written notice to the person to be assessed an 
                administrative penalty of the Administrator's proposal 
                to issue the order and provide the person an 
                opportunity to request a hearing on the order, within 
                30 days of the date the notice is received by the 
                person.
                  (C) Compromise or remission.--The Administrator may 
                compromise, or remit, with or without conditions, any 
                administrative penalty that may be imposed under this 
                section.
          (2) Considerations.--In determining the amount of any civil 
        penalty assessed under this subsection, the Administrator shall 
        take into account the factors listed in subsection (b)(3).
          (3) Effect of administrator's action.--
                  (A) Enforcement authority.--Action by the 
                Administrator under this subsection shall not affect or 
                limit the Administrator's authority to enforce any 
                provision of this division, except that any violation--
                          (i) with respect to which the Administrator 
                        has commenced and is diligently prosecuting an 
                        action under this subsection; or
                          (ii) for which the Administrator has issued a 
                        final order not subject to further judicial 
                        review and the violator has paid a penalty 
                        assessment under this subsection;
                shall not be the subject of civil penalty action under 
                subsection (b).
                  (B) Obligation to comply.--No action by the 
                Administrator under this subsection shall affect any 
                person's obligation to comply with any section of this 
                division.
          (4) Finality of order.--An order issued under this subsection 
        shall become final 30 days after its issuance unless a petition 
        for judicial review is filed under paragraph (5).
          (5) Judicial review.--
                  (A) In general.--Any person against which a civil 
                penalty is assessed in accordance with this subsection 
                may seek review of the assessment in the United States 
                District Court for the District of Columbia, or for the 
                district in which the violation is alleged to have 
                occurred, in which the person resides, or where such 
                person's principal place of business is located, within 
                the 30-day period beginning on the date on which a 
                civil penalty order is issued. The person shall 
                simultaneously send a copy of the filing by certified 
                mail to the Administrator and the Attorney General.
                  (B) Record.--The Administrator shall file in the 
                court a certified copy, or certified index, as 
                appropriate, of the record on which the order was 
                issued within 30 days.
                  (C) Scope of review.--The court shall not set aside 
                or remand any order issued in accordance with the 
                requirements of this subsection unless there is not 
                substantial evidence in the record, taken as a whole, 
                to support the finding of a violation or unless the 
                Administrator's assessment of the penalty constitutes 
                an abuse of discretion, and the court shall not impose 
                additional civil penalties unless the Administrator's 
                assessment of the penalty constitutes an abuse of 
                discretion.
                  (D) Civil penalties.--In any proceedings, the United 
                States may seek to recover civil penalties assessed 
                under this section.
          (6) Collection.--
                  (A) In general.--If any person fails to pay an 
                assessment of a civil penalty imposed by the 
                Administrator as provided in this subsection--
                          (i) after the order making the assessment has 
                        become final; or
                          (ii) after a court in an action brought under 
                        paragraph (5) has entered a final judgment in 
                        favor of the Administrator;
                the Administrator shall request the Attorney General to 
                bring a civil action in an appropriate district court 
                to recover the amount assessed (plus interest at rates 
                established pursuant to section 6621(a)(2) of the 
                Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)) 
                from the date of the final order or the date of the 
                final judgment, as the case may be).
                  (B) Scope of review.--In such an action, the 
                validity, amount, and appropriateness of the penalty 
                shall not be subject to review.
                  (C) Enforcement expenses; nonpayment penalty.--
                          (i) In general.--Any person that fails to pay 
                        on a timely basis the amount of an assessment 
                        of a civil penalty as described in subparagraph 
                        (A) shall be required to pay, in addition to 
                        that amount and interest--
                                  (I) the enforcement expenses of the 
                                United States, including attorney's 
                                fees and costs for collection 
                                proceedings; and
                                  (II) a quarterly nonpayment penalty 
                                for each quarter during which the 
                                failure to pay persists.
                          (ii) Amount.--The nonpayment penalty for a 
                        quarter shall be in an amount equal to 10 
                        percent of the aggregate amount of the person's 
                        penalties and nonpayment penalties that are 
                        unpaid as of the beginning of the quarter.
Sec. 221106. Motor vehicle and motor vehicle engine compliance testing 
                    and certification
  (a) Testing and Issuance of Certificate of Conformity.--
          (1) New motor vehicles and new motor vehicle engines 
        submitted by a manufacturer.--
                  (A) In general.--The Administrator shall test, or 
                require to be tested in such manner as the 
                Administrator considers appropriate, any new motor 
                vehicle or new motor vehicle engine submitted by a 
                manufacturer to determine whether the vehicle or engine 
                conforms with the regulations prescribed under section 
                221102 of this title. If the vehicle or engine conforms 
                to the regulations, the Administrator shall issue a 
                certificate of conformity on such terms, and for such 
                period (not in excess of 1 year), as the Administrator 
                may prescribe.
                  (B) Projected sales not exceeding 300.--In the case 
                of any original equipment manufacturer (as defined by 
                the Administrator in regulations promulgated before 
                November 15, 1990) of vehicles or vehicle engines whose 
                projected sales in the United States for any model year 
                (as determined by the Administrator) will not exceed 
                300, the Administrator shall not require, for purposes 
                of determining compliance with regulations under 
                section 221102 of this title for the useful life of the 
                vehicle or engine, operation of any vehicle or engine 
                manufactured during that model year for more than 5,000 
                miles or 160 hours, respectively, unless the 
                Administrator, by regulation, prescribes otherwise. The 
                Administrator shall apply any adjustment factors that 
                the Administrator considers appropriate to ensure that 
                each vehicle or engine will comply during its useful 
                life (as determined under section 221102(a)(1)(C) of 
                this title) with the regulations prescribed under 
                section 221102 of this title.
          (2) Emission control systems submitted by any person.--The 
        Administrator shall test any emission control system 
        incorporated in a motor vehicle or motor vehicle engine 
        submitted to the Administrator by any person to determine 
        whether the system enables the vehicle or engine to conform to 
        the standards required to be prescribed under section 221102(b) 
        of this title. If the Administrator finds on the basis of such 
        tests that the vehicle or engine conforms to the standards, the 
        Administrator shall issue a verification of compliance with 
        emission standards for the system when incorporated in vehicles 
        of a class of which the tested vehicle is representative. The 
        Administrator shall inform manufacturers and the National 
        Academy of Sciences, and make available to the public, the 
        results of the tests. Tests under this paragraph shall be 
        conducted under such terms and conditions (including 
        requirements for preliminary testing by qualified independent 
        laboratories) as the Administrator may prescribe by regulation.
          (3) Conformity to requirements.--
                  (A) In general.--A certificate of conformity may be 
                issued under this section only if the Administrator 
                determines that the manufacturer (or in the case of a 
                vehicle or engine for import, any person) has 
                established to the satisfaction of the Administrator 
                that any emission control device, system, or element of 
                design installed on, or incorporated in, a vehicle or 
                engine conforms to applicable requirements of section 
                221102(a)(4) of this title.
                  (B) Tests.--The Administrator may conduct such tests 
                and may require the manufacturer (or any such person) 
                to conduct such tests and provide such information as 
                are necessary to carry out subparagraph (A). Such 
                requirements shall include a requirement for prompt 
                reporting of the emission of any unregulated pollutant 
                from a system, device, or element of design if the 
                pollutant was not emitted, or was emitted in 
                significantly lesser amounts, from the vehicle or 
                engine without use of the system, device, or element of 
                design.
          (4) Light-duty vehicles and light-duty trucks.--The 
        regulations promulgated under this subsection shall include 
        test procedures capable of determining whether light-duty 
        vehicles and light-duty trucks, when properly maintained and 
        used, will pass the inspection methods and procedures 
        established under section 221107(c) of this title under 
        conditions reasonably likely to be encountered in the conduct 
        of inspection and maintenance programs, but which those 
        programs cannot reasonably influence or control. The conditions 
        shall include fuel characteristics, ambient temperature, and 
        short (30 minutes or less) waiting periods before tests are 
        conducted. The Administrator shall not grant a certificate of 
        conformity under this subsection for any vehicle or engine that 
        the Administrator concludes cannot pass the test procedures 
        established under this paragraph.
  (b) New Motor Vehicles and New Motor Vehicle Engines Being 
Manufactured.--
          (1) In general.--To determine whether new motor vehicles or 
        new motor vehicle engines conform to the regulations with 
        respect to which a certificate of conformity is issued, the 
        Administrator may test the new motor vehicles and new motor 
        vehicle engines. The tests may be conducted by the 
        Administrator directly or, in accordance with conditions 
        specified by the Administrator, by the manufacturer of the new 
        motor vehicles or new motor vehicle engines.
          (2) Nonconformity.--
                  (A) In general.--
                          (i) Determination on test of sample of new 
                        motor vehicles or new motor vehicle engines.--
                        If, based on tests conducted under paragraph 
                        (1) on a sample of new motor vehicles or new 
                        motor vehicle engines covered by a certificate 
                        of conformity, the Administrator determines 
                        that all or part of the new motor vehicles or 
                        new motor vehicle engines do not conform with 
                        the regulations with respect to which the 
                        certificate of conformity was issued and with 
                        the requirements of section 221102(a)(4) of 
                        this title, the Administrator may suspend or 
                        revoke the certificate in whole or in part, and 
                        shall so notify the manufacturer. The 
                        suspension or revocation shall apply in the 
                        case of any new motor vehicles or new motor 
                        vehicle engines manufactured after the date of 
                        such notification (or manufactured before that 
                        date if still in the possession of the 
                        manufacturer), and shall apply until such time 
                        as the Administrator finds that new motor 
                        vehicles and new motor vehicle engines 
                        manufactured by the manufacturer conform to the 
                        regulations and requirements. If, during any 
                        period of suspension or revocation, the 
                        Administrator finds that a new motor vehicle or 
                        new motor vehicle engine conforms to the 
                        regulations and requirements, the Administrator 
                        shall issue a certificate of conformity 
                        applicable to the new motor vehicle or new 
                        motor vehicle engine.
                          (ii) Determination on test of any new motor 
                        vehicle or new motor vehicle engine.--If, based 
                        on tests conducted under paragraph (1) on any 
                        new vehicle or engine, the Administrator 
                        determines that the vehicle or engine does not 
                        conform with the regulations with respect to 
                        which the certificate of conformity was issued 
                        and with the requirements of section 
                        221102(a)(4) of this title, the Administrator 
                        may suspend or revoke the certificate insofar 
                        as it applies to the vehicle or engine until 
                        such time as the Administrator finds that the 
                        vehicle or engine actually conforms with those 
                        regulations and requirements, and the 
                        Administrator shall so notify the manufacturer.
                  (B) Hearing.--At the request of any manufacturer the 
                Administrator shall grant the manufacturer a hearing as 
                to whether the tests have been properly conducted or 
                any sampling methods have been properly applied, and 
                make a determination on the record with respect to any 
                suspension or revocation under subparagraph (A); but 
                suspension or revocation under subparagraph (A) shall 
                not be stayed by reason of such a hearing.
                  (C) Judicial review.--
                          (i) In general.--In any case of actual 
                        controversy as to the validity of any 
                        determination under subparagraph (B), the 
                        manufacturer may at any time prior to the 60th 
                        day after the determination is made file a 
                        petition with the United States court of 
                        appeals for the circuit in which the 
                        manufacturer resides or has its principal place 
                        of business for a judicial review of the 
                        determination. A copy of the petition shall be 
                        forthwith transmitted by the clerk of the court 
                        to the Administrator or other officer 
                        designated by the Administrator for that 
                        purpose. The Administrator thereupon shall file 
                        in the court the record of the proceedings on 
                        which the Administrator based the 
                        Administrator's determination, as provided in 
                        section 2112 of title 28.
                          (ii) Additional evidence.--If the petitioner 
                        applies to the court for leave to adduce 
                        additional evidence, and shows to the 
                        satisfaction of the court that the additional 
                        evidence is material and that there were 
                        reasonable grounds for the failure to adduce 
                        the evidence in the proceeding before the 
                        Administrator, the court may order the 
                        additional evidence (and evidence in rebuttal 
                        thereof) to be taken before the Administrator, 
                        in such manner and on such terms and conditions 
                        as the court considers proper. The 
                        Administrator may modify the Administrator's 
                        findings as to the facts, or make new findings, 
                        by reason of the additional evidence so taken, 
                        and the Administrator shall file the modified 
                        or new findings, and the Administrator's 
                        recommendation, if any, for the modification or 
                        setting aside of the Administrator's original 
                        determination, with the return of the 
                        additional evidence.
                          (iii) Jurisdiction; relief.--On the filing of 
                        the petition under clause (i), the court shall 
                        have jurisdiction to review the order in 
                        accordance with chapter 7 of title 5 and to 
                        grant appropriate relief as provided in that 
                        chapter.
  (c) Inspection.--
          (1) In general.--For purposes of enforcement of this section, 
        officers or employees duly designated by the Administrator, on 
        presenting appropriate credentials to the manufacturer or 
        person in charge, may--
                  (A) enter, at reasonable times, any plant or other 
                establishment of a manufacturer, for the purpose of 
                conducting tests of vehicles or engines in the 
                possession of the manufacturer; or
                  (B) inspect, at reasonable times, records, processes, 
                controls, and facilities used by a manufacturer in 
                conducting tests under regulations of the 
                Administrator.
          (2) Promptness.--An inspection under paragraph (1) shall be 
        commenced and completed with reasonable promptness.
  (d) Methods and Procedures for Making Tests.--The Administrator shall 
by regulation establish methods and procedures for making tests under 
this section.
  (e) Publication of Test Results.--At the beginning of each model 
year, the Administrator shall make available to the public the results 
of the Administrator's tests of any motor vehicle or motor vehicle 
engine submitted by a manufacturer under subsection (a). The results 
shall be described in such a nontechnical manner as will reasonably 
disclose to prospective ultimate purchasers of new motor vehicles and 
new motor vehicle engines the comparative performance of the vehicles 
and engines tested in meeting the standards prescribed under section 
221101 of this title.
  (f) High Altitude Regulations.--All light-duty vehicles and engines 
and all light-duty trucks shall comply with the requirements of section 
221102 of this title regardless of the altitude at which they are sold.
  (g) Nonconformance Penalty.--
          (1) In general.--In the case of any class or category of 
        heavy-duty vehicles or engines or motorcycles to which a 
        standard promulgated under section 221102(a) of this title 
        applies, except as provided in paragraph (2), a certificate of 
        conformity shall be issued under subsection (a) and shall not 
        be suspended or revoked under subsection (b)(2) for such 
        vehicles or engines or motorcycles manufactured by a 
        manufacturer notwithstanding the failure of the vehicles or 
        engines or motorcycles to meet that standard if the 
        manufacturer pays a nonconformance penalty as provided under 
        regulations promulgated by the Administrator after notice and 
        opportunity for public hearing.
          (2) Excessive degree of failure.--No certificate of 
        conformity may be issued under paragraph (1) with respect to 
        any class or category of vehicle or engine if the degree by 
        which the manufacturer fails to meet any standard promulgated 
        under section 221102(a) of this title with respect to that 
        class or category exceeds the percentage determined under 
        regulations promulgated by the Administrator to be practicable. 
        The regulations shall require such testing of vehicles or 
        engines being produced as may be necessary to determine the 
        percentage of the classes or categories of vehicles or engines 
        that are not in compliance with the regulations with respect to 
        which a certificate of conformity is issued.
          (3) Amount of nonconformance penalty.--The regulations 
        promulgated under paragraph (1) shall provide for 
        nonconformance penalties in amounts determined under a formula 
        established by the Administrator. The penalties under the 
        formula--
                  (A) may vary from pollutant to pollutant;
                  (B) may vary by class or category or vehicle or 
                engine;
                  (C) shall take into account the extent to which 
                actual emissions of any air pollutant exceed allowable 
                emissions under the standards promulgated under section 
                221102 of this title;
                  (D) shall be increased periodically to create 
                incentives for the development of production vehicles 
                or engines that achieve the required degree of emission 
                reduction; and
                  (E) shall remove any competitive disadvantage to 
                manufacturers whose engines or vehicles achieve the 
                required degree of emission reduction (including any 
                such disadvantage arising from the application of 
                paragraph (4)).
          (4) Warranty; actions.--In any case in which a certificate of 
        conformity has been issued under this subsection, any warranty 
        required under section 221107(c)(2)(B) of this title and any 
        action under section 221107(d) of this title shall be required 
        to be effective only for the emission levels for which the 
        Administrator determines that the certificate was issued and 
        not for the emission levels required under the applicable 
        standard.
          (5) Authorities.--The authorities of section 221108(a) of 
        this title shall apply, subject to the conditions of section 
        221108(b) of this title, for purposes of this subsection.
  (h) Testing Under Circumstances That Reflect Actual Current Driving 
Conditions.--The regulations under subsections (a) and (b) regarding 
the testing of motor vehicles and motor vehicle engines shall ensure 
that vehicles are tested under circumstances that reflect the actual 
current driving conditions under which motor vehicles are used, 
including conditions relating to fuel, temperature, acceleration, and 
altitude.
Sec. 221107. Compliance by vehicles and engines in actual use
  (a) Definitions.--In this section:
          (1) Onboard emission diagnostic device.--
                  (A) In general.--The term ``onboard emission 
                diagnostic device'' means any device installed for the 
                purpose of storing or processing emission-related 
                diagnostic information.
                  (B) Exclusions.--The term ``onboard emission 
                diagnostic device'' does not include any part or other 
                system that a device described in subparagraph (A) 
                monitors except for a specified major emission control 
                component.
          (2) Specified major emission control component.--
                  (A) In general.--The term ``specified major emission 
                control component'' means a catalytic converter, an 
                electronic emission control unit, and an onboard 
                emissions diagnostic device.
                  (B) Other devices.--The Administrator may designate 
                any other pollution control device or component as a 
                specified major emission control component if--
                          (i) the device or component was not in 
                        general use on vehicles and engines 
                        manufactured prior to model year 1990; and
                          (ii) the Administrator determines that the 
                        retail cost (exclusive of installation costs) 
                        of the device or component exceeds $200 (in 
                        1989 dollars), adjusted for inflation or 
                        deflation as calculated by the Administrator at 
                        the time of the determination.
          (3) Warranty period.--
                  (A) New light-duty trucks and new light-duty vehicles 
                and engines manufactured in model year 1995 and 
                thereafter.--
                          (i) In general.--The term ``warranty 
                        period'', with respect to a new light-duty 
                        truck or new light-duty vehicle or engine 
                        manufactured in model year 1995 or thereafter, 
                        means the 1st 2 years or 24,000 miles of use 
                        (whichever first occurs), except as provided in 
                        subparagraph (B).
                          (ii) Other vehicles and engines.--The term 
                        ``warranty period'', with respect to a vehicle 
                        or engine other than a vehicle or engine 
                        described in clause (i), means a period 
                        established by the Administrator by regulation.
                  (B) Specified major emission control components.--The 
                term ``warranty period'', with respect to a specified 
                major emission control component of a new light-duty 
                truck or new light-duty vehicle or engine manufactured 
                in model year 1995 or thereafter, means the 1st 8 years 
                or 80,000 miles of use (whichever first occurs).
  (b) In General.--
          (1) New motor vehicle and new motor vehicle engine 
        warranty.--The manufacturer of each new motor vehicle and new 
        motor vehicle engine shall warrant to the ultimate purchaser 
        and each subsequent purchaser that the vehicle or engine is--
                  (A) designed, built, and equipped so as to conform at 
                the time of sale with applicable regulations under 
                section 221102 of this title; and
                  (B) free from defects in materials and workmanship 
                that cause such a vehicle or engine to fail to conform 
                with applicable regulations for its useful life (as 
                determined under section 221102(a)(1)(C) of this 
                title).
          (2) Motor vehicle part or motor vehicle engine part 
        certification.--In the case of a motor vehicle part or motor 
        vehicle engine part, the manufacturer or rebuilder of the part 
        may certify that use of the part will not result in a failure 
        of the vehicle or engine to comply with emission standards 
        promulgated under section 221102 of this title. Such a 
        certification shall be made only under such regulations as the 
        Administrator may promulgate to carry out subsection (c).
          (3) Payment of replacement costs of parts, devices, or 
        components designed for emission control.--
                  (A) Definition of part, device, or component of a 
                light-duty vehicle that is designed for emission 
                control.--In this paragraph:
                          (i) In general.--The term ``part, device, or 
                        component of a light-duty vehicle that is 
                        designed for emission control'' means a 
                        catalytic converter, thermal reactor, or other 
                        component installed on or in a vehicle for the 
                        sole or primary purpose of reducing vehicle 
                        emissions.
                          (ii) Exclusions.--The term ``part, device, or 
                        component of a light-duty vehicle that is 
                        designed for emission control'' does not 
                        include a vehicle component that was in general 
                        use prior to model year 1968 and the primary 
                        function of which is not related to emission 
                        control.
                  (B) Payment by manufacturer.--The cost of any part, 
                device, or component of a light-duty vehicle that is 
                designed for emission control and that, under the 
                instructions issued pursuant to subsection (d)(4), is 
                scheduled for replacement during the useful life of a 
                vehicle to maintain compliance with regulations under 
                section 221102 of this title, the failure of which 
                shall not interfere with the normal performance of the 
                vehicle, and the expected retail price of which, 
                including installation costs, is greater than 2 percent 
                of the suggested retail price of the vehicle, shall be 
                borne or reimbursed at the time of replacement by the 
                vehicle manufacturer, and the replacement shall be 
                provided without cost to an ultimate purchaser, 
                subsequent purchaser, or dealer.
  (c) Testing Methods and Procedures.--
          (1) Determination.--The Administrator shall take the actions 
        described in paragraph (2) if the Administrator determines 
        that--
                  (A) there are available testing methods and 
                procedures to ascertain whether, when in actual use 
                throughout the warranty period, each vehicle and engine 
                to which regulations under section 221102 of this title 
                apply complies with the emission standards of those 
                regulations;
                  (B) those methods and procedures are in accordance 
                with good engineering practices; and
                  (C) those methods and procedures are reasonably 
                capable of being correlated with tests conducted under 
                section 221106(a)(1) of this title.
          (2) Actions.--If the Administrator makes the determination 
        described in paragraph (1)--
                  (A) the Administrator shall establish the methods and 
                procedures described in paragraph (1) by regulation; 
                and
                  (B) at such time as the Administrator determines that 
                inspection facilities or equipment are available for 
                purposes of carrying out testing methods and procedures 
                established under paragraph (1)(A), the Administrator 
                shall prescribe regulations that require manufacturers 
                to warrant the emission control device or system of 
                each new motor vehicle or new motor vehicle engine to 
                which a regulation under section 221102 of this title 
                applies and that is manufactured in a model year 
                beginning after the Administrator first prescribes 
                warranty regulations under this subparagraph.
          (3) Warranty.--A warranty under the regulations prescribed 
        under paragraph (2)(B)--
                  (A) shall run to the ultimate purchaser and each 
                subsequent purchaser; and
                  (B) shall provide that if--
                          (i) the vehicle or engine is maintained and 
                        operated in accordance with instructions under 
                        subsection (d)(4);
                          (ii) the vehicle or engine fails to conform 
                        at any time during the warranty period to the 
                        regulations prescribed under section 221102 of 
                        this title; and
                          (iii) the nonconformity results in the 
                        ultimate purchaser (or any subsequent 
                        purchaser) of the vehicle or engine having to 
                        bear any penalty or other sanction (including 
                        the denial of the right to use the vehicle or 
                        engine) under Federal or State law;
                the manufacturer shall remedy the nonconformity under 
                the warranty, with the cost to be borne by the 
                manufacturer.
          (4) No basis for invalidity.--A warranty under the 
        regulations prescribed under paragraph (2)(B) shall not be 
        invalid on the basis of any part used in the maintenance or 
        repair of a vehicle or engine if the part was certified as 
        provided under subsection (b)(2).
          (5) Instructions.--Clause (i) of paragraph (3)(B) shall apply 
        only where the Administrator has made a determination that the 
        instructions concerned conform to the requirements of 
        subsection (d)(4).
  (d) Nonconforming Vehicles; Plan for Remedying Nonconformity; 
Instructions for Maintenance and Use; Label or Tag.--
          (1) Applicability.--This subsection is effective with respect 
        to vehicles and engines manufactured during model years 
        beginning more than 60 days after December 31, 1970.
          (2) Notice to manufacturer; plan requirement.--
                  (A) In general.--If the Administrator determines that 
                a substantial number of any class or category of 
                vehicles or engines, although properly maintained and 
                used, do not conform to the regulations prescribed 
                under section 221102 of this title, when in actual use 
                throughout their useful life (as determined under 
                section 221102(a)(1)(C) of this title), the 
                Administrator shall--
                          (i) immediately notify the manufacturer of 
                        the vehicles or engines of the nonconformity; 
                        and
                          (ii) require the manufacturer to submit a 
                        plan for remedying the nonconformity of the 
                        vehicles or engines with respect to which such 
                        notification is given.
                  (B) Plan provisions.--The plan shall provide that the 
                nonconformity of any such vehicles or engines that are 
                properly used and maintained will be remedied at the 
                expense of the manufacturer.
                  (C) Hearing.--If the manufacturer disagrees with a 
                determination of nonconformity and so advises the 
                Administrator, the Administrator shall afford the 
                manufacturer and other interested persons an 
                opportunity to present their views and evidence in 
                support thereof at a public hearing.
                  (D) Order.--Unless, as a result of a hearing, the 
                Administrator withdraws the determination of 
                nonconformity, the Administrator shall, within 60 days 
                after the completion of the hearing, order the 
                manufacturer to provide prompt notification of the 
                nonconformity in accordance with paragraph (3).
          (3) Notification of dealers, ultimate purchasers, and 
        subsequent purchasers.--Any notification required by paragraph 
        (2) with respect to any class or category of vehicles or 
        engines shall be given to dealers, ultimate purchasers, and 
        subsequent purchasers (if known) in such manner and containing 
        such information as the Administrator may by regulation 
        require.
          (4) Instructions.--
                  (A) In general.--A manufacturer shall furnish with 
                each new motor vehicle or motor vehicle engine written 
                instructions for the proper maintenance and use of the 
                vehicle or engine by the ultimate purchaser, and the 
                instructions shall correspond to regulations that the 
                Administrator shall promulgate. The manufacturer shall 
                provide in boldface type on the 1st page of the written 
                maintenance instructions notice that maintenance, 
                replacement, or repair of the emission control devices 
                and systems may be performed by any automotive repair 
                establishment or individual using any automotive part 
                that has been certified as provided in subsection 
                (b)(2).
                  (B) No conditions.--
                          (i) In general.--The instruction under 
                        subparagraph (A) shall not include--
                                  (I) any condition on the ultimate 
                                purchaser's using, in connection with 
                                the vehicle or engine, any component or 
                                service (other than a component or 
                                service provided without charge under 
                                the terms of the purchase agreement) 
                                that is identified by brand, trade, or 
                                corporate name; or
                                  (II) any condition directly or 
                                indirectly distinguishing between--
                                          (aa) service performed by the 
                                        franchised dealers of the 
                                        manufacturer or any other 
                                        service establishments with 
                                        which the manufacturer has a 
                                        commercial relationship; and
                                          (bb) service performed by 
                                        independent automotive repair 
                                        facilities with which the 
                                        manufacturer has no commercial 
                                        relationship.
                          (ii) Waiver.--The prohibition of this 
                        subparagraph may be waived by the Administrator 
                        if--
                                  (I) the manufacturer satisfies the 
                                Administrator that the vehicle or 
                                engine will function properly only if 
                                the component or service identified by 
                                brand, trade, or corporate name is used 
                                in connection with the vehicle or 
                                engine; and
                                  (II) the Administrator finds that 
                                such a waiver is in the public 
                                interest.
                  (C) Label or tag.--The manufacturer shall indicate by 
                means of a label or tag permanently affixed to the 
                vehicle or engine that the vehicle or engine is covered 
                by a certificate of conformity issued for the purpose 
                of ensuring achievement of emission standards 
                prescribed under section 221102 of this title. The 
                label or tag shall contain such other information 
                relating to control of motor vehicle emissions as the 
                Administrator shall prescribe by regulation.
          (5) In-use standards.--
                  (A) Light-duty trucks of up to 6,000 pounds.--For 
                purposes of applying this subsection, in the case of 
                100 percent of each manufacturer's sales volume of 
                light-duty trucks of up to 6,000 pounds gross vehicle 
                weight rating and light-duty vehicles, the standards 
                for nonmethane hydrocarbons, carbon monoxide, and 
                nitrogen oxides shall be as provided in table G in 
                section 221102(f)(1) of this title, except that in 
                applying the standards set forth in table G for 
                purposes of determining compliance with this 
                subsection, the applicable useful life shall be--
                          (i) 5 years or 50,000 miles (or the 
                        equivalent), whichever first occurs, in the 
                        case of standards applicable for purposes of 
                        certification at 50,000 miles; and
                          (ii) 10 years or 100,000 miles (or the 
                        equivalent), whichever first occurs, in the 
                        case of standards applicable for purposes of 
                        certification at 100,000 miles;
                except that no testing shall be done beyond 7 years or 
                75,000 miles (or the equivalent), whichever first 
                occurs.
                  (B) Light-duty trucks of more than 6,000 pounds.--For 
                purposes of applying this subsection, in the case of 
                100 percent of each manufacturer's sales volume of 
                light-duty trucks of more than 6,000 pounds gross 
                vehicle weight rating, the standards for nonmethane 
                hydrocarbons, carbon monoxide, and nitrogen oxides 
                shall be as provided in table H in section 221102(g) of 
                this title, except that in applying the standards set 
                forth in table H for purposes of determining compliance 
                with this subsection, the applicable useful life shall 
                be--
                          (i) 5 years or 50,000 miles (or the 
                        equivalent), whichever first occurs, in the 
                        case of standards applicable for purposes of 
                        certification at 50,000 miles; and
                          (ii) 11 years or 120,000 miles (or the 
                        equivalent), whichever first occurs, in the 
                        case of standards applicable for purposes of 
                        certification at 120,000 miles;
                except that no testing shall be done beyond 7 years or 
                90,000 miles (or the equivalent), whichever first 
                occurs.
          (6) Diesel vehicles; in-use useful life and testing.--
                  (A) Diesel-fueled light-duty trucks of up to 6,000 
                pounds.--In the case of diesel-fueled light-duty trucks 
                up to 6,000 pounds gross vehicle weight rating and 
                light-duty vehicles, the useful life for purposes of 
                determining in-use compliance with the standards under 
                section 221102(f) of this title for nitrogen oxides 
                shall be a period of 10 years or 100,000 miles (or the 
                equivalent), whichever first occurs, in the case of 
                standards applicable for purposes of certification at 
                100,000 miles, except that testing shall not be done 
                for a period beyond 7 years or 75,000 miles (or the 
                equivalent), whichever first occurs.
                  (B) Diesel-fueled light-duty trucks of more than 
                6,000 pounds.--In the case of diesel-fueled light-duty 
                trucks of 6,000 pounds gross vehicle weight rating or 
                more, the useful life for purposes of determining in-
                use compliance with the standards under section 
                221102(g) of this title for nitrogen oxides shall be a 
                period of 11 years or 120,000 miles (or the 
                equivalent), whichever first occurs, in the case of 
                standards applicable for purposes of certification at 
                120,000 miles, except that testing shall not be done 
                for a period beyond 7 years or 90,000 miles (or the 
                equivalent) whichever first occurs.
  (e) Dealer Costs Borne by Manufacturer.--Any cost obligation of any 
dealer incurred as a result of any requirement imposed by subsection 
(b), (c), or (d) shall be borne by the manufacturer. The transfer of 
any such cost obligation from a manufacturer to any dealer through 
franchise or other agreement is prohibited.
  (f) Cost Statement.--If a manufacturer includes in any advertisement 
a statement respecting the cost or value of emission control devices or 
systems, the manufacturer shall set forth in the statement the cost or 
value attributed to those devices or systems by the Secretary of Labor 
(through the Bureau of Labor Statistics). The Secretary of Labor, and 
the Secretary's representatives, shall have the same access for this 
purpose to the records of a manufacturer as the Comptroller General has 
to those of a recipient of assistance for purposes of section 209105 of 
this title.
  (g) Inspection After Sale to Ultimate Purchaser.--Any inspection of a 
motor vehicle or a motor vehicle engine for purposes of subsection 
(d)(2), after its sale to an ultimate purchaser, shall be made only if 
the owner of the vehicle or engine voluntarily permits such an 
inspection to be made, except as may be provided by any State or local 
inspection program.
  (h) Replacement and Maintenance Costs Borne by Owner.--For the 
purposes of this section, the owner of any motor vehicle or motor 
vehicle engine warranted under this section is responsible in the 
proper maintenance of the vehicle or engine to replace and to maintain, 
at the owner's expense at any service establishment or facility of the 
owner's choosing, such items as spark plugs, points, condensers, and 
any other part, item, or device related to emission control (but not 
designed for emission control under the terms of subsection (b)(3)(A)), 
unless the part, item, or device is covered by any warranty not 
mandated by this division.
  (i) Remediation of Nonconformity; Testing.--
          (1) Remediation of nonconformity.--If at any time during the 
        period for which the warranty applies under subsection (c), a 
        motor vehicle fails to conform to the applicable regulations 
        under section 221102 of this title as determined under 
        subsection (c), the nonconformity shall be remedied by the 
        manufacturer at the cost of the manufacturer pursuant to the 
        warranty as provided in subparagraph (B) of subsection (c)(3) 
        (without regard to clause (iii) of that subparagraph).
          (2) Testing.--Nothing in section 221109(a) of this title 
        shall be construed to prohibit a State from testing, or 
        requiring testing of, a motor vehicle after the date of sale of 
        the vehicle to an ultimate purchaser (except that no new motor 
        vehicle manufacturer or dealer may be required to conduct 
        testing under this paragraph).
  (j) Effect of Division.--Nothing in this division shall be construed 
to provide that any part other than a part described in subsection 
(a)(1) shall be required to be warranted under this division for the 
period of 8 years or 80,000 miles described in subsection (a)(3)(B).
Sec. 221108. Information collection
  (a) Manufacturer's Responsibility.--Every manufacturer of new motor 
vehicles or new motor vehicle engines, every manufacturer of new motor 
vehicle or engine parts or components, and every other person subject 
to the requirements of this chapter or chapter 225 shall--
          (1) establish and maintain records, perform tests where such 
        testing is not otherwise reasonably available under this 
        chapter and chapter 225 (including fees for testing), make 
        reports, and provide information that the Administrator may 
        reasonably require to determine whether the manufacturer or 
        other person has acted or is acting in compliance with this 
        chapter and chapter 225 (including regulations thereunder, or 
        to otherwise carry out this chapter and chapter 225; and
          (2) on request of an officer or employee duly designated by 
        the Administrator, permit the officer or employee at reasonable 
        times to have access to and copy such records.
  (b) Enforcement Authority.--For the purposes of enforcement of this 
section, officers or employees duly designated by the Administrator on 
presenting appropriate credentials may--
          (1) enter, at reasonable times, any establishment of a 
        manufacturer, or of any person that a manufacturer engages to 
        perform any activity required by subsection (a), for the 
        purposes of inspecting or observing any activity conducted 
        pursuant to subsection (a); and
          (2) inspect records, processes, controls, and facilities used 
        in performing any activity required by subsection (a), by the 
        manufacturer or by any person that the manufacturer engages to 
        perform any such activity.
  (c) Availability to Public; Trade Secrets.--Any records, reports, or 
information obtained under this chapter or chapter 225 shall be 
available to the public, except that on a showing satisfactory to the 
Administrator by any person that records, reports, or information, or a 
particular portion thereof (other than emission data), to which the 
Administrator has access under this section, if made public, would 
divulge methods or processes entitled to protection as trade secrets of 
that person, the Administrator shall consider the record, report, or 
information or particular portion thereof confidential in accordance 
with section 1905 of title 18. Any authorized representative of the 
Administrator shall be considered an employee of the United States for 
purposes of section 1905 of title 18.
  (d) Effect of Section.--Nothing in this section prohibits the 
Administrator or authorized representative of the Administrator from 
disclosing records, reports, or information to other officers, 
employees, or authorized representatives of the United States concerned 
with carrying out this division or when relevant in any proceeding 
under this division. Nothing in this section authorizes the withholding 
of information by the Administrator or any officer or employee under 
the Administrator's control from the duly authorized committees of 
Congress.
Sec. 221109. State standards
  (a) Prohibitions.--
          (1) Standards.--No State or any political subdivision thereof 
        shall adopt or attempt to enforce any standard relating to the 
        control of emissions from new motor vehicles or new motor 
        vehicle engines subject to this chapter.
          (2) Approval.--No State shall require certification, 
        inspection, or any other approval relating to the control of 
        emissions from any new motor vehicle or new motor vehicle 
        engine as a condition precedent to the initial retail sale, 
        titling (if any), or registration of the motor vehicle, motor 
        vehicle engine, or equipment.
  (b) Waiver.--
          (1) In general.--The Administrator shall, after notice and 
        opportunity for public hearing, waive application of this 
        section to any State that adopted standards (other than 
        crankcase emission standards) for the control of emissions from 
        new motor vehicles or new motor vehicle engines prior to March 
        30, 1966, if the State determines that the State standards will 
        be, in the aggregate, at least as protective of public health 
        and welfare as applicable Federal standards.
          (2) Limitation.--No such waiver shall be granted if the 
        Administrator finds that--
                  (A) the determination of the State is arbitrary and 
                capricious;
                  (B) the State does not need such State standards to 
                meet compelling and extraordinary conditions; or
                  (C) the State standards and accompanying enforcement 
                procedures are not consistent with section 221102(a) of 
                this title.
          (3) Protectiveness.--If each State standard is at least as 
        stringent as the comparable applicable Federal standard, the 
        State standard shall be deemed to be at least as protective of 
        health and welfare as the Federal standards for purposes of 
        paragraphs (1) and (2).
          (4) Treatment as compliance with federal standards.--In the 
        case of any new motor vehicle or new motor vehicle engine to 
        which State standards apply pursuant to a waiver granted under 
        paragraph (1), compliance with the State standards shall be 
        treated as compliance with applicable Federal standards for 
        purposes of this subdivision.
  (c) Certification of Vehicle Parts or Engine Parts.--
          (1) In general.--Whenever a regulation with respect to any 
        motor vehicle part or motor vehicle engine part is in effect 
        under section 221107(b)(2) of this title, no State or political 
        subdivision thereof shall adopt or attempt to enforce any 
        standard or any requirement of certification, inspection, or 
        approval that relates to motor vehicle emissions and is 
        applicable to the same aspect of that part.
          (2) Applicability.--Paragraph (1) shall not apply in the case 
        of a State with respect to which a waiver is in effect under 
        subsection (b).
  (d) Control, Regulation, or Restrictions on Registered or Licensed 
Motor Vehicles.--Nothing in this chapter precludes or denies to any 
State or political subdivision thereof the right otherwise to control, 
regulate, or restrict the use, operation, or movement of registered or 
licensed motor vehicles.
  (e) Nonroad Engines or Vehicles.--
          (1) Prohibition of certain state standards.--
                  (A) In general.--No State or any political 
                subdivision thereof shall adopt or attempt to enforce 
                any standard or other requirement relating to the 
                control of emissions from either of the following new 
                nonroad engines or nonroad vehicles subject to 
                regulation under this division:
                          (i) New engines that--
                                  (I) are used in construction 
                                equipment or vehicles or used in farm 
                                equipment or vehicles; and
                                  (II) are smaller than 175 horsepower.
                          (ii) New locomotives or new engines used in 
                        locomotives.
                  (B) No waiver.--Subsection (b) shall not apply for 
                purposes of this paragraph.
          (2) Other nonroad engines or vehicles.--
                  (A) California.--In the case of any nonroad vehicles 
                or engines other than those described to in clause (i) 
                or (ii) of paragraph (1)(A), the Administrator shall, 
                after notice and opportunity for public hearing, 
                authorize California to adopt and enforce standards and 
                other requirements relating to the control of emissions 
                from such vehicles or engines if California determines 
                that California standards will be, in the aggregate, at 
                least as protective of public health and welfare as 
                applicable Federal standards. No such authorization 
                shall be granted if the Administrator finds that--
                          (i) the determination of California is 
                        arbitrary and capricious;
                          (ii) California does not need such California 
                        standards to meet compelling and extraordinary 
                        conditions; or
                          (iii) California standards and accompanying 
                        enforcement procedures are not consistent with 
                        this section.
                  (B) Other states.--Any State other than California 
                that has plan provisions approved under chapter 215 may 
                adopt and enforce, after notice to the Administrator, 
                for any period, standards relating to control of 
                emissions from nonroad vehicles or engines (other than 
                those described in clause (i) or (ii) of paragraph 
                (1)(A)) and take such other actions as are described in 
                subparagraph (A) of this paragraph respecting such 
                vehicles or engines if--
                          (i) the standards and implementation and 
                        enforcement are identical, for the period 
                        concerned, to the California standards 
                        authorized by the Administrator under 
                        subparagraph (A); and
                          (ii) California and that State adopt the 
                        standards at least 2 years before commencement 
                        of the period for which the standards take 
                        effect.
          (3) Regulations.--The Administrator shall issue regulations 
        to implement this subsection.
Sec. 221110. State grants
  (a) In General.--The Administrator may make grants to appropriate 
State agencies in an amount up to \2/3\ of the cost of developing and 
maintaining effective vehicle emission devices and systems inspection 
and emission testing and control programs.
  (b) Limitations.--No grant under subsection (a) shall be made--
          (1) for any part of any State vehicle inspection program that 
        does not directly relate to the cost of the air pollution 
        control aspects of such a program;
          (2) unless the Secretary of Transportation has certified to 
        the Administrator that the program is consistent with any 
        highway safety program developed pursuant to section 402 of 
        title 23; and
          (3) unless the program includes provisions designed to ensure 
        that emission control devices and systems on vehicles in actual 
        use have not been discontinued or rendered inoperative.
  (c) Reimbursement.--Grants may be made under this section by way of 
reimbursement in any case in which amounts have been expended by the 
State before the date on which any such grant was made.
Sec. 221111. Regulation of fuels
  (a) Definitions.--In this section:
          (1) Manufacture.--The term ``manufacture'' includes 
        importation.
          (2) Manufacturer.--The term ``manufacturer'' includes an 
        importer.
  (b) Authority of Administrator To Regulate.--The Administrator may by 
regulation designate any fuel or fuel additive (including any fuel or 
fuel additive used exclusively in nonroad engines or nonroad vehicles) 
and, after such date or dates as the Administrator may prescribe, no 
manufacturer or processor of any such fuel or additive may sell, offer 
for sale, or introduce into commerce that fuel or additive unless the 
Administrator has registered the fuel or additive in accordance with 
subsection (c).
  (c) Registration Requirement.--
          (1) Notification to the administrator.--For the purpose of 
        registration of fuels and fuel additives, the Administrator 
        shall--
                  (A) require the manufacturer of any fuel to notify 
                the Administrator of--
                          (i) the commercial identifying name and 
                        manufacturer of any additive contained in the 
                        fuel;
                          (ii) the range of concentration of any 
                        additive in the fuel; and
                          (iii) the purpose-in-use of any such 
                        additive; and
                  (B) require the manufacturer of any additive to 
                notify the Administrator as to the chemical composition 
                of the additive.
          (2) Tests; furnishing of information.--
                  (A) In general.--For the purpose of registration of 
                fuels and fuel additives, the Administrator shall, on a 
                regular basis, require the manufacturer of any fuel or 
                fuel additive--
                          (i) to conduct tests to determine potential 
                        public health and environmental effects of the 
                        fuel or additive (including carcinogenic, 
                        teratogenic, or mutagenic effects); and
                          (ii) to furnish--
                                  (I) the description of any analytical 
                                technique that can be used to detect 
                                and measure any additive in the fuel;
                                  (II) the recommended range of 
                                concentration of the additive;
                                  (III) the recommended purpose-in-use 
                                of the additive; and
                                  (IV) such other information as is 
                                reasonable and necessary to determine--
                                          (aa) the emissions resulting 
                                        from the use of the fuel or 
                                        additive contained in the fuel;
                                          (bb) the effect of the fuel 
                                        or additive on the emission 
                                        control performance of any 
                                        vehicle, vehicle engine, 
                                        nonroad engine, or nonroad 
                                        vehicle; or
                                          (cc) the extent to which such 
                                        emissions affect the public 
                                        health or welfare.
                  (B) Test procedures and protocols; no 
                confidentiality.--Tests under subparagraph (A)(i) shall 
                be conducted in conformity with test procedures and 
                protocols established by the Administrator. The result 
                of such tests shall not be considered confidential.
          (3) Registration.--On compliance with this subsection, 
        including assurances that the Administrator will receive 
        changes in the information required, the Administrator shall 
        register the fuel or fuel additive.
  (d) Control or Prohibition of Fuels and Fuel Additives.--
          (1) In general.--The Administrator may, from time to time on 
        the basis of information obtained under subsection (c) or other 
        information available to the Administrator, by regulation, 
        control or prohibit the manufacture, introduction into 
        commerce, offering for sale, or sale of any fuel or fuel 
        additive for use in a motor vehicle, motor vehicle engine, or 
        nonroad engine or nonroad vehicle if--
                  (A) in the judgment of the Administrator, any fuel or 
                fuel additive or any emission product of the fuel or 
                fuel additive causes, or contributes to, air pollution 
                or water pollution (including any degradation in the 
                quality of groundwater) that may reasonably be 
                anticipated to endanger the public health or welfare; 
                or
                  (B) emission products of the fuel or fuel additive 
                will impair to a significant degree the performance of 
                any emission control device or system that is in 
                general use, or that the Administrator finds has been 
                developed to a point where in a reasonable time it 
                would be in general use were such a regulation to be 
                promulgated.
          (2) Requirements for control or prohibition.--
                  (A) Causation of or contribution to air pollution.--
                No fuel, class of fuels, or fuel additive may be 
                controlled or prohibited by the Administrator under 
                paragraph (1)(A) except after consideration of all 
                relevant medical and scientific evidence available to 
                the Administrator, including consideration of other 
                technologically or economically feasible means of 
                achieving emission standards under section 221102 of 
                this title.
                  (B) Impairment of performance of emission control 
                device or system.--
                          (i) In general.--No fuel or fuel additive may 
                        be controlled or prohibited by the 
                        Administrator under paragraph (1)(B) except 
                        after consideration of available scientific and 
                        economic data, including a cost benefit 
                        analysis comparing--
                                  (I) emission control devices or 
                                systems that are or will be in general 
                                use and require the proposed control or 
                                prohibition; with
                                  (II) emission control devices or 
                                systems that are or will be in general 
                                use and do not require the proposed 
                                control or prohibition.
                          (ii) Hearing; findings.--On request of a 
                        manufacturer of motor vehicles, motor vehicle 
                        engines, fuels, or fuel additives that is 
                        submitted within 10 days of notice of proposed 
                        rulemaking, the Administrator shall hold a 
                        public hearing and publish findings with 
                        respect to any matter that the Administrator is 
                        required to consider under this subparagraph. 
                        Such findings shall be published at the time of 
                        promulgation of final regulations.
                  (C) Other fuels and fuel additives.--No fuel or fuel 
                additive may be prohibited by the Administrator under 
                paragraph (1) unless the Administrator finds, and 
                publishes the finding, that in the Administrator's 
                judgment, such a prohibition will not cause the use of 
                any other fuel or fuel additive that will produce 
                emissions that will endanger the public health or 
                welfare to the same degree as or a greater degree than 
                the use of the fuel or fuel additive proposed to be 
                prohibited.
          (3) Evidence and data.--
                  (A) In general.--For the purpose of obtaining 
                evidence and data to carry out paragraph (2), the 
                Administrator may require the manufacturer of any motor 
                vehicle or motor vehicle engine to furnish any 
                information that has been developed concerning the 
                emissions from motor vehicles resulting from the use of 
                any fuel or fuel additive, or the effect of such use on 
                the performance of any emission control device or 
                system.
                  (B) Subpoenas.--In obtaining information under 
                subparagraph (A), section 203102(a) of this title shall 
                be applicable.
          (4) Limitation on state control or prohibition.--
                  (A) In general.--Except as otherwise provided in 
                subparagraph (B) or (C), no State (or political 
                subdivision thereof) may prescribe or attempt to 
                enforce, for purposes of motor vehicle emission 
                control, any control or prohibition respecting any 
                characteristic or component of a fuel or fuel additive 
                in a motor vehicle or motor vehicle engine--
                          (i) if the Administrator has found that no 
                        control or prohibition of the characteristic or 
                        component of a fuel or fuel additive under 
                        paragraph (1) is necessary and has published 
                        the finding in the Federal Register; or
                          (ii) if the Administrator has prescribed 
                        under paragraph (1) a control or prohibition 
                        applicable to the characteristic or component 
                        of a fuel or fuel additive, unless State 
                        prohibition or control is identical to the 
                        prohibition or control prescribed by the 
                        Administrator.
                  (B) States with waivers.--Any State for which 
                application of section 221109(a) of this title has at 
                any time been waived under section 221109 of this title 
                may at any time prescribe and enforce, for the purpose 
                of motor vehicle emission control, a control or 
                prohibition respecting any fuel or fuel additive.
                  (C) Implementation plans.--
                          (i) In general.--A State may prescribe and 
                        enforce, for purposes of motor vehicle emission 
                        control, a control or prohibition respecting 
                        the use of a fuel or fuel additive in a motor 
                        vehicle or motor vehicle engine if an 
                        applicable implementation plan for the State 
                        under section 211110 of this title so provides. 
                        The Administrator may approve such a provision 
                        in an implementation plan, or promulgate an 
                        implementation plan containing such a 
                        provision, only if the Administrator finds that 
                        the State control or prohibition is necessary 
                        to achieve the primary or secondary NAAQS that 
                        the plan implements. The Administrator may find 
                        that a State control or prohibition is 
                        necessary to achieve that standard if no other 
                        measures that would bring about timely 
                        attainment exist, or if other measures exist 
                        and are technically possible to implement, but 
                        are unreasonable or impracticable. The 
                        Administrator may make a finding of necessity 
                        under this subparagraph even if the plan for 
                        the area does not contain an approved 
                        demonstration of timely attainment.
                          (ii) Temporary waiver.--The Administrator may 
                        temporarily waive a control or prohibition 
                        respecting the use of a fuel or fuel additive 
                        required or regulated by the Administrator 
                        pursuant to this subsection or subsection (h), 
                        (i), (m), or (n) or prescribed in an applicable 
                        implementation plan under section 211110 of 
                        this title approved by the Administrator under 
                        clause (i) if, after consultation with, and 
                        concurrence by, the Secretary of Energy, the 
                        Administrator determines that--
                                  (I) extreme and unusual fuel or fuel 
                                additive supply circumstances exist in 
                                a State or region of the Nation that 
                                prevent the distribution of an adequate 
                                supply of the fuel or fuel additive to 
                                consumers;
                                  (II) the extreme and unusual fuel and 
                                fuel additive supply circumstances are 
                                the result of a natural disaster, an 
                                Act of God, a pipeline or refinery 
                                equipment failure, or another event 
                                that could not reasonably have been 
                                foreseen or prevented and not the lack 
                                of prudent planning on the part of the 
                                suppliers of the fuel or fuel additive 
                                to the State or region; and
                                  (III) it is in the public interest to 
                                grant the waiver, such as when a waiver 
                                is necessary to meet projected 
                                temporary shortfalls in the supply of 
                                the fuel or fuel additive in a State or 
                                region of the Nation that cannot 
                                otherwise be compensated for.
                          (iii) Additional requirements.--If the 
                        Administrator makes the determinations 
                        described in clause (ii), a temporary extreme 
                        and unusual fuel and fuel additive supply 
                        circumstances waiver shall be permitted only 
                        if--
                                  (I) the waiver applies to the 
                                smallest geographic area necessary to 
                                address the extreme and unusual fuel 
                                and fuel additive supply circumstances;
                                  (II) the waiver is effective for a 
                                period of 20 calendar days or, if the 
                                Administrator determines that a shorter 
                                waiver period is adequate, for the 
                                shortest practicable time period 
                                necessary to permit the correction of 
                                the extreme and unusual fuel and fuel 
                                additive supply circumstances and to 
                                mitigate impact on air quality;
                                  (III) the waiver permits a 
                                transitional period, the exact duration 
                                of which shall be determined by the 
                                Administrator (but which shall be for 
                                the shortest practicable period), after 
                                the termination of the temporary waiver 
                                to permit wholesalers and retailers to 
                                blend down their wholesale and retail 
                                inventory;
                                  (IV) the waiver applies to all 
                                persons in the motor fuel distribution 
                                system (as defined by the Administrator 
                                through rulemaking); and
                                  (V) the Administrator has given 
                                public notice to all parties in the 
                                motor fuel distribution system, and 
                                local and State regulators, in the 
                                State or region to be covered by the 
                                waiver.
                          (iv) Regulations.--The Administrator shall 
                        promulgate regulations to implement clauses 
                        (ii) and (iii).
                          (v) Effect of subparagraph.--Nothing in this 
                        subparagraph shall--
                                  (I) limit or otherwise affect the 
                                application of any other waiver 
                                authority of the Administrator pursuant 
                                to this section (including a regulation 
                                promulgated pursuant to this section); 
                                or
                                  (II) subject any State or person to 
                                an enforcement action, penalties, or 
                                liability solely arising from actions 
                                taken pursuant to the issuance of a 
                                waiver under this subparagraph.
                          (vi) Limitation.--
                                  (I) In general.--The Administrator 
                                shall have no authority, when 
                                considering a State implementation plan 
                                or a State implementation plan 
                                revision, to approve under this 
                                paragraph any fuel included in the plan 
                                or revision if the effect of the 
                                approval would be to increase the total 
                                number of fuels approved under this 
                                paragraph as of September 1, 2004, in 
                                all State implementation plans.
                                  (II) List of approved fuels.--The 
                                Administrator, in consultation with the 
                                Secretary of Energy, shall determine 
                                the total number of fuels approved 
                                under this paragraph as of September 1, 
                                2004, in all State implementation plans 
                                and shall publish a list of such fuels, 
                                including the States and Petroleum 
                                Administration for Defense Districts in 
                                which the fuels are used, in the 
                                Federal Register for public review and 
                                comment.
                                  (III) Removal from list.--The 
                                Administrator shall remove a fuel from 
                                the list published under subclause (II) 
                                if a fuel ceases to be included in a 
                                State implementation plan or if a fuel 
                                in a State implementation plan is 
                                identical to a Federal fuel formulation 
                                implemented by the Administrator, but 
                                the Administrator shall not reduce the 
                                total number of fuels authorized under 
                                the list published under subclause 
                                (II).
                                  (IV) New fuels.--
                                          (aa) In general.--Subclause 
                                        (I) shall not limit the 
                                        Administrator's authority to 
                                        approve a control or 
                                        prohibition respecting any new 
                                        fuel under this paragraph in a 
                                        State implementation plan or 
                                        revision to a State 
                                        implementation plan if the new 
                                        fuel--

                                                  (AA) completely 
                                                replaces a fuel on the 
                                                list published under 
                                                subclause (II); or

                                                  (BB) does not 
                                                increase the total 
                                                number of fuels on the 
                                                list published under 
                                                subclause (II) as of 
                                                September 1, 2004.

                                          (bb) Lower number of fuels on 
                                        list.--If the total number of 
                                        fuels on the list published 
                                        under subclause (II) at the 
                                        time of the Administrator's 
                                        consideration of a control or 
                                        prohibition respecting a new 
                                        fuel is lower than the total 
                                        number of fuels on such list as 
                                        of September 1, 2004, the 
                                        Administrator may approve a 
                                        control or prohibition 
                                        respecting a new fuel under 
                                        this subclause if the 
                                        Administrator, after 
                                        consultation with the Secretary 
                                        of Energy, publishes in the 
                                        Federal Register after notice 
                                        and comment a finding that, in 
                                        the Administrator's judgment, 
                                        the control or prohibition 
                                        respecting a new fuel will not 
                                        cause fuel supply or 
                                        distribution interruptions or 
                                        have a significant adverse 
                                        impact on fuel producibility in 
                                        the affected area or contiguous 
                                        areas.
                                  (V) Further limitation.--The 
                                Administrator shall have no authority 
                                under this paragraph, when considering 
                                any particular State's implementation 
                                plan or a revision to that State's 
                                implementation plan, to approve any 
                                fuel unless that fuel was, as of the 
                                date of such consideration, approved in 
                                at least 1 State implementation plan in 
                                the applicable Petroleum Administration 
                                for Defense District. However, the 
                                Administrator may approve as part of a 
                                State implementation plan or State 
                                implementation plan revision a fuel 
                                with a summertime Reid vapor pressure 
                                of 7.0 per square inch. In no event 
                                shall such approval by the 
                                Administrator cause an increase in the 
                                total number of fuels on the list 
                                published under subclause (II).
                                  (VI) Effect of clause.--Nothing in 
                                this clause shall be construed to have 
                                any effect regarding any available 
                                authority of States to require the use 
                                of any fuel additive registered in 
                                accordance with subsection (c).
  (e) Testing of Fuels and Fuel Additives.--
          (1) Regulations.--After notice and opportunity for a public 
        hearing, the Administrator shall promulgate regulations that 
        implement the authority under clauses (i) and (ii) of 
        subsection (c)(2)(A) with respect to each fuel or fuel additive 
        that is registered on the date of promulgation of the 
        regulations and with respect to each fuel or fuel additive for 
        which an application for registration is filed thereafter.
          (2) Provision of information.--Regulations under subsection 
        (c) to carry out this subsection shall require that the 
        requisite information be provided to the Administrator by each 
        manufacturer--
                  (A) prior to registration, in the case of any fuel or 
                fuel additive that is not registered on the date of 
                promulgation of such regulations; or
                  (B) not later than 3 years after the date of 
                promulgation of such regulations, in the case of any 
                fuel or fuel additive that is registered on that date.
          (3) Exemptions; cost sharing.--In promulgating the 
        regulations, the Administrator may--
                  (A) exempt any small business (as defined in the 
                regulations) from, or defer or modify the requirements 
                of, the regulations with respect to any small business;
                  (B) provide for cost sharing with respect to the 
                testing of any fuel or fuel additive that is 
                manufactured or processed by 2 or more persons or 
                otherwise provide for shared responsibility to meet the 
                requirements of this section without duplication; or
                  (C) exempt any person from the regulations with 
                respect to a particular fuel or fuel additive on a 
                finding that any additional testing of that fuel or 
                fuel additive would be duplicative of adequate existing 
                testing.
  (f) New Fuels and Fuel Additives.--
          (1) Fuels and fuel additives.--
                  (A) Fuels and fuel additives for general use in 
                light-duty motor vehicles manufactured after model year 
                1974.--It shall be unlawful for any manufacturer of any 
                fuel or fuel additive to first introduce into commerce, 
                or to increase the concentration in use of, any fuel or 
                fuel additive for general use in light-duty motor 
                vehicles manufactured after model year 1974 that is not 
                substantially similar to any fuel or fuel additive 
                utilized in the certification of any model year 1975, 
                or subsequent model year, vehicle or engine under 
                section 221106 of this title.
                  (B) Fuels and fuel additives for use by any person in 
                motor vehicles manufactured after model year 1974.--It 
                shall be unlawful for any manufacturer of any fuel or 
                fuel additive to first introduce into commerce, or to 
                increase the concentration in use of, any fuel or fuel 
                additive for use by any person in motor vehicles 
                manufactured after model year 1974 that is not 
                substantially similar to any fuel or fuel additive 
                utilized in the certification of any model year 1975, 
                or subsequent model year, vehicle or engine under 
                section 221106 of this title.
          (2) Gasoline containing manganese.--It shall be unlawful for 
        any manufacturer of any fuel to introduce into commerce any 
        gasoline that contains a concentration of manganese in excess 
        of .0625 grams per gallon of fuel, except as otherwise provided 
        pursuant to a waiver under paragraph (3).
          (3) Waiver.--The Administrator, on application of any 
        manufacturer of any fuel or fuel additive, may waive the 
        prohibitions established under paragraph (1) or the limitation 
        specified in paragraph (2) if the Administrator determines that 
        the applicant has established that the fuel or fuel additive or 
        a specified concentration thereof, and the emission products of 
        the fuel or additive or specified concentration thereof, will 
        not cause or contribute to a failure of any emission control 
        device or system (over the useful life of any motor vehicle, 
        motor vehicle engine, nonroad vehicle, or nonroad engine in 
        which the device or system is used) to achieve compliance by 
        the motor vehicle, motor vehicle engine, nonroad vehicle, or 
        nonroad engine with the emission standards with respect to 
        which it has been certified pursuant to sections 221106 and 
        221113(a) of this title. The Administrator shall take final 
        action to grant or deny an application under this paragraph, 
        after public notice and comment, within 270 days after receipt 
        of the application.
          (4) No stay.--No action of the Administrator under this 
        section may be stayed by any court pending judicial review of 
        the action.
  (g) Misfueling.--
          (1) Leaded gasoline.--No person shall introduce, or cause or 
        allow the introduction of, leaded gasoline into any motor 
        vehicle--
                  (A) that is labeled ``unleaded gasoline only'';
                  (B) that is equipped with a gasoline tank filler 
                inlet designed for the introduction of unleaded 
                gasoline;
                  (C) that is a 1990 or later model year motor vehicle; 
                or
                  (D) that the person knows or should know is a vehicle 
                designed solely for the use of unleaded gasoline.
          (2) Diesel fuel containing sulfur.--No person shall introduce 
        or cause or allow the introduction into any motor vehicle of 
        diesel fuel that the person knows or should know contains a 
        concentration of sulfur in excess of 0.05 percent (by weight) 
        or that fails to meet a cetane index minimum of 40 or such 
        equivalent alternative aromatic level as the Administrator may 
        prescribe under subsection (i)(2).
  (h) Reid Vapor Pressure Requirements.--
          (1) Prohibition.--The Administrator shall promulgate 
        regulations making it unlawful for any person during the high 
        ozone season (as defined by the Administrator) to sell, offer 
        for sale, dispense, supply, offer for supply, transport, or 
        introduce into commerce gasoline with a Reid vapor pressure in 
        excess of 9.0 pounds per square inch. The regulations shall 
        establish more stringent Reid vapor pressure standards in a 
        nonattainment area as the Administrator finds necessary to 
        generally achieve comparable evaporative emissions (on a per-
        vehicle basis) in nonattainment areas, taking into 
        consideration the enforceability of the standards, the need of 
        an area for emission control, and economic factors.
          (2) Attainment areas.--
                  (A) In general.--The regulations under this 
                subsection shall not make it unlawful for any person to 
                sell, offer for supply, transport, or introduce into 
                commerce gasoline with a Reid vapor pressure of 9.0 
                pounds per square inch or lower in any area designated 
                under section 211107 of this title as an attainment 
                area.
                  (B) Former ozone nonattainment areas redesignated as 
                an attainment area.--Notwithstanding subparagraph (A), 
                the Administrator may impose a Reid vapor pressure 
                requirement lower than 9.0 pounds per square inch in 
                any area, formerly an ozone nonattainment area, that 
                has been redesignated as an attainment area.
          (3) Enforcement.--The regulations under this subsection shall 
        include such provisions as the Administrator determines are 
        necessary to implement and enforce the requirements of this 
        subsection.
          (4) Ethanol waiver.--
                  (A) In general.--Subject to subparagraph (B), for 
                fuel blends containing gasoline and 10 percent 
                denatured anhydrous ethanol, the Reid vapor pressure 
                limitation under this subsection shall be 1 pound per 
                square inch greater than the applicable Reid vapor 
                pressure limitations established under paragraph (1).
                  (B) Distributors, blenders, marketers, resellers, 
                carriers, retailers, and wholesale purchaser-consumers 
                deemed to be in full compliance.--A distributor, 
                blender, marketer, reseller, carrier, retailer, or 
                wholesale purchaser-consumer shall be deemed to be in 
                full compliance with this subsection (including the 
                regulations promulgated thereunder) if it can 
                demonstrate (by showing receipt of a certification or 
                other evidence acceptable to the Administrator) that--
                          (i) the gasoline portion of the blend 
                        complies with the Reid vapor pressure 
                        limitations promulgated pursuant to this 
                        subsection;
                          (ii) the ethanol portion of the blend does 
                        not exceed its waiver condition under 
                        subsection (f)(5); and
                          (iii) no additional alcohol or other additive 
                        has been added to increase the Reid vapor 
                        pressure of the ethanol portion of the blend.
          (5) Exclusion from ethanol waiver.--
                  (A) Promulgation of regulations.--On notification, 
                accompanied by supporting documentation, from the 
                Governor of a State that the Reid vapor pressure 
                limitation established by paragraph (4) will increase 
                emissions that contribute to air pollution in any area 
                in the State, the Administrator shall, by regulation, 
                apply, in lieu of the Reid vapor pressure limitation 
                established by paragraph (4), the Reid vapor pressure 
                limitation established by paragraph (1) to all fuel 
                blends containing gasoline and 10 percent denatured 
                anhydrous ethanol that are sold, offered for sale, 
                dispensed, supplied, offered for supply, transported, 
                or introduced into commerce in the area during the high 
                ozone season.
                  (B) Deadline for promulgation.--The Administrator 
                shall promulgate regulations under subparagraph (A) not 
                later than 90 days after the date of receipt of a 
                notification from a Governor under that subparagraph.
                  (C) Effective date.--
                          (i) In general.--With respect to an area in a 
                        State for which the Governor submits a 
                        notification under subparagraph (A), the 
                        regulations under that subparagraph shall take 
                        effect on the later of--
                                  (I) the 1st day of the 1st high ozone 
                                season for the area that begins after 
                                the date of receipt of the 
                                notification; or
                                  (II) 1 year after the date of receipt 
                                of the notification.
                          (ii) Extension of effective date based on 
                        determination of insufficient supply.--
                                  (I) In general.--If, after receipt of 
                                a notification with respect to an area 
                                from a Governor of a State under 
                                subparagraph (A), the Administrator 
                                determines, on the Administrator's own 
                                motion or on petition of any person and 
                                after consultation with the Secretary 
                                of Energy, that the promulgation of 
                                regulations described in subparagraph 
                                (A) would result in an insufficient 
                                supply of gasoline in the State, the 
                                Administrator, by regulation--
                                          (aa) shall extend the 
                                        effective date of the 
                                        regulations under clause (i) 
                                        with respect to the area for 
                                        not more than 1 year; and
                                          (bb) may renew the extension 
                                        under item (aa) for 2 
                                        additional periods, neither of 
                                        which shall exceed 1 year.
                                  (II) Deadline for action on 
                                petitions.--The Administrator shall act 
                                on any petition submitted under 
                                subclause (I) not later than 180 days 
                                after the date of receipt of the 
                                petition.
          (6) Areas covered.--This subsection shall apply only to the 
        48 contiguous States and the District of Columbia.
  (i) Sulfur Content Requirements for Diesel Fuel.--
          (1) Prohibition.--No person shall manufacture, sell, supply, 
        offer for sale or supply, dispense, transport, or introduce 
        into commerce motor vehicle diesel fuel that contains a 
        concentration of sulfur in excess of 0.05 percent (by weight) 
        or that fails to meet a cetane index minimum of 40.
          (2) Regulations.--The Administrator shall promulgate 
        regulations to implement and enforce the requirements of 
        paragraph (1). The Administrator may require manufacturers and 
        importers of diesel fuel not intended for use in motor vehicles 
        to dye the diesel fuel in a particular manner to distinguish 
        the non-motor vehicle diesel fuel from motor vehicle diesel 
        fuel. The Administrator may establish an equivalent alternative 
        aromatic level to the cetane index specification in paragraph 
        (1).
          (3) Sulfur content and cetane index minimum.--The sulfur 
        content and cetane index minimum of fuel required to be used in 
        the certification of heavy-duty diesel vehicles and engines 
        shall comply with the regulations promulgated under paragraph 
        (2).
          (4) Exemption.--Alaska and Hawaii may be exempted from the 
        requirements of this subsection in the same manner as is 
        provided in section 209115 of this title. The Administrator 
        shall take final action on any petition filed under section 
        209115 of this title or this paragraph for an exemption from 
        the requirements of this subsection within 12 months after the 
        date of the petition.
  (j) Lead Substitute Gasoline Additives.--
          (1) Registration.--Any person proposing to register any 
        gasoline additive under subsection (b) or to use any previously 
        registered additive as a lead substitute may also elect to 
        register the additive as a lead substitute gasoline additive 
        for reducing valve seat wear by providing the Administrator 
        with such relevant information regarding product identity and 
        composition as the Administrator considers necessary for 
        carrying out the responsibilities of paragraph (2) (in addition 
        to other information that may be required under subsection 
        (c)).
          (2) Testing.--
                  (A) Test procedure.--In addition to the other testing 
                which may be required under subsection (c), in the case 
                of the lead substitute gasoline additives described in 
                paragraph (1), the Administrator shall develop and 
                publish a test procedure to determine an additive's 
                effectiveness in reducing valve seat wear and an 
                additive's tendencies to produce engine deposits and 
                other adverse side effects. The test procedure shall be 
                developed in cooperation with the Secretary of 
                Agriculture and with the input of additive 
                manufacturers, engine and engine components 
                manufacturers, and other interested persons.
                  (B) Testing.--The Administrator shall enter into 
                arrangements with an independent laboratory to conduct 
                tests of each additive using the test procedures 
                developed and published pursuant to subparagraph (A). 
                The Administrator shall publish the results of the 
                tests by company and additive name in the Federal 
                Register with, for comparison purposes, the results of 
                applying the same test procedures to gasoline 
                containing 0.1 gram of lead per gallon in lieu of the 
                lead substitute gasoline additive. The Administrator 
                shall not rank or otherwise rate the lead substitute 
                additives. Additives shall be tested within 6 months 
                after the lead substitute additives are identified to 
                the Administrator.
          (3) User fee.--The Administrator may impose a user fee to 
        recover the costs of testing of any fuel additive under this 
        subsection. The fee shall be paid by the person proposing to 
        register the fuel additive. The fee shall not exceed $20,000 
        for a single fuel additive.
          (4) Special fund for licensing and other services.--Any fees 
        collected under this subsection shall be deposited in the 
        Treasury in a special fund for licensing and other services, 
        which thereafter shall be available for appropriation, to 
        remain available until expended, to carry out EPA's activities 
        for which the fees were collected.
  (k) Reformulated Gasoline for Conventional Vehicles.--
          (1) Definitions.--In this subsection:
                  (A) Baseline gasoline.--
                          (i) Summertime.--The term ``baseline 
                        gasoline'', with respect to gasoline sold 
                        during the high ozone period (as defined by the 
                        Administrator), means a gasoline that meets the 
                        following specifications:


 
               BASELINE GASOLINE FUEL PROPERTIES
 
    API Gravity..............................................       57.4
    Sulfur, ppm..............................................     339 ??
    Benzene, %...............................................       1.53
    RVP, psi.................................................        8.7
    Octane, R+M/2............................................       87.3
    IBP, F...................................................      91 ??
    10%, F...................................................     128 ??
    50%, F...................................................     218 ??
    90%, F...................................................     330 ??
    End Point, F.............................................     415 ??
    Aromatics, %.............................................       32.0
    Olefins, %...............................................        9.2
    Saturates, %.............................................       58.8
 

                          (ii) Wintertime.--The Administrator shall 
                        establish the specifications of baseline 
                        gasoline for gasoline sold at times other than 
                        the high ozone period (as defined by the 
                        Administrator). Those specifications shall be 
                        the specifications of 1990 industry average 
                        gasoline sold during that period.
                  (B) Baseline vehicles.--The term ``baseline 
                vehicles'' means representative model year 1990 
                vehicles.
                  (C) Conventional gasoline.--The term ``conventional 
                gasoline'' means any gasoline that does not meet 
                specifications set by a certification under this 
                subsection.
                  (D) Covered area.--The term ``covered area'' means--
                          (i) 1 of the 9 ozone nonattainment areas 
                        having a 1980 population in excess of 250,000 
                        and having the highest ozone design value 
                        during the period 1987 to 1989; and
                          (ii) effective 1 year after the 
                        reclassification of any ozone nonattainment 
                        area as a severe ozone nonattainment area under 
                        section 215202(b) of this title, the severe 
                        area.
                  (E) Reformulated gasoline.--The term ``reformulated 
                gasoline'' means any gasoline that is certified by the 
                Administrator under this section as complying with this 
                subsection.
                  (F) Toxic air pollutants.--The term ``toxic air 
                pollutants'' means the aggregate emissions of the 
                following:
                          Benzene.
                          1,3 Butadiene.
                          Polycyclic organic matter (POM).
                          Acetaldehyde.
                          Formaldehyde.
          (2) EPA regulations.--
                  (A) In general.--The Administrator shall promulgate 
                regulations establishing requirements for reformulated 
                gasoline to be used in gasoline-fueled vehicles in 
                specified nonattainment areas. The regulations shall 
                require the greatest reduction in emissions of ozone-
                forming volatile organic compounds (during the high 
                ozone season) and emissions of toxic air pollutants 
                (during the entire year) achievable through the 
                reformulation of conventional gasoline, taking into 
                consideration--
                          (i) the cost of achieving the emission 
                        reductions; and
                          (ii) any air-quality related and non-air-
                        quality related health and environmental 
                        impacts and energy requirements.
                  (B) Maintenance of toxic air pollutant emissions 
                reductions from reformulated gasoline.--The 
                Administrator shall promulgate regulations to control 
                hazardous air pollutants from motor vehicles and motor 
                vehicle fuels, as provided for in section 80.1045 of 
                title 40, Code of Federal Regulations (as in effect on 
                August 8, 2005), and as authorized under section 
                221102(k) of this title.
          (3) General requirements.--
                  (A) In general.--The regulations under paragraph (2) 
                shall require that reformulated gasoline comply with 
                paragraph (4) and with each of the requirements stated 
                in this paragraph (subject to paragraph (8)).
                  (B) Nitrogen oxide emissions.--
                          (i) In general.--The emissions of nitrogen 
                        oxides from baseline vehicles when using the 
                        reformulated gasoline shall be not greater than 
                        the level of such emissions from such vehicles 
                        when using baseline gasoline.
                          (ii) Technical infeasibility.--If the 
                        Administrator determines that compliance with 
                        the limitation on emissions of nitrogen oxides 
                        under clause (i) is technically infeasible, 
                        considering the other requirements applicable 
                        under this subsection to reformulated gasoline, 
                        the Administrator may, as appropriate to ensure 
                        compliance with this subparagraph, adjust (or 
                        waive entirely), any other requirements of this 
                        paragraph or any requirements applicable under 
                        paragraph (4)(B).
                  (C) Benzene content.--The benzene content of the 
                reformulated gasoline shall not exceed 1.0 percent by 
                volume.
                  (D) Heavy metals.--
                          (i) In general.--The reformulated gasoline 
                        shall have no heavy metals, including lead or 
                        manganese.
                          (ii) Waiver.--The Administrator may waive the 
                        prohibition contained in clause (i) for a heavy 
                        metal (other than lead) if the Administrator 
                        determines that addition of the heavy metal to 
                        the reformulated gasoline will not increase, on 
                        an aggregate mass or cancer-risk basis, toxic 
                        air pollutant emissions from motor vehicles.
          (4) More stringent of formula or performance standards.--
                  (A) In general.--The regulations under paragraph (2) 
                shall require compliance with the more stringent of the 
                requirements set forth in subparagraph (B) or the 
                requirements of subparagraph (C). For purposes of 
                determining the more stringent provision, subclauses 
                (I) and (II) of subparagraph (C)(i) shall be considered 
                independently.
                  (B) Formula.--
                          (i) Benzene.--The benzene content of the 
                        reformulated gasoline shall not exceed 1.0 
                        percent by volume.
                          (ii) Aromatics.--The aromatic hydrocarbon 
                        content of the reformulated gasoline shall not 
                        exceed 25 percent by volume.
                          (iii) Lead.--The reformulated gasoline shall 
                        have no lead content.
                          (iv) Detergents.--The reformulated gasoline 
                        shall contain additives to prevent the 
                        accumulation of deposits in engines or vehicle 
                        fuel supply systems.
                  (C) Performance standard.--
                          (i) In general.--
                                  (I) Volatile organic compound 
                                emissions.--
                                          (aa) In general.--During the 
                                        high ozone season (as defined 
                                        by the Administrator), the 
                                        aggregate emissions of ozone-
                                        forming volatile organic 
                                        compounds from baseline 
                                        vehicles when using the 
                                        reformulated gasoline shall be 
                                        25 percent below the aggregate 
                                        emissions of ozone-forming 
                                        volatile organic compounds from 
                                        baseline vehicles when using 
                                        baseline gasoline.
                                          (bb) Adjustment.--The 
                                        Administrator may adjust the 25 
                                        percent requirement under item 
                                        (aa) to provide for a lesser or 
                                        greater reduction based on 
                                        technological feasibility, 
                                        considering the cost of 
                                        achieving the reductions in 
                                        emissions of volatile organic 
                                        compounds. No such adjustment 
                                        shall provide for less than a 
                                        20 percent reduction below the 
                                        aggregate emissions of volatile 
                                        organic compounds from baseline 
                                        vehicles when using baseline 
                                        gasoline.
                                          (cc) Mass basis.--The 
                                        reductions required under this 
                                        subclause shall be on a mass 
                                        basis.
                                  (II) Toxic air pollutants.--
                                          (aa) In general.--During the 
                                        entire year, the aggregate 
                                        emissions of toxic air 
                                        pollutants from baseline 
                                        vehicles when using the 
                                        reformulated gasoline shall be 
                                        25 percent below the aggregate 
                                        emissions of toxic air 
                                        pollutants from baseline 
                                        vehicles when using baseline 
                                        gasoline.
                                          (bb) Adjustment.--The 
                                        Administrator may adjust the 25 
                                        percent requirement under item 
                                        (aa) to provide for a lesser or 
                                        greater reduction based on 
                                        technological feasibility, 
                                        considering the cost of 
                                        achieving the reductions in 
                                        toxic air pollutants. No such 
                                        adjustment shall provide for 
                                        less than a 20 percent 
                                        reduction below the aggregate 
                                        emissions of toxic air 
                                        pollutants from baseline 
                                        vehicles when using baseline 
                                        gasoline.
                                          (cc) Mass basis.--The 
                                        reductions required under this 
                                        subclause shall be on a mass 
                                        basis.
                          (ii) Treatment of reduction greater than a 
                        specific percentage reduction.--Any reduction 
                        greater than a specific percentage reduction 
                        required under this subparagraph shall be 
                        treated as satisfying that percentage reduction 
                        requirement.
          (5) Certification procedures.--
                  (A) Regulations.--The regulations under this 
                subsection shall include procedures under which the 
                Administrator shall certify reformulated gasoline as 
                complying with the requirements established pursuant to 
                this subsection. Under the regulations, the 
                Administrator shall establish procedures for any person 
                to petition the Administrator to certify a fuel 
                formulation or slate of fuel formulations. The 
                procedures shall require that the Administrator shall 
                approve or deny a petition within 180 days after 
                receipt. If the Administrator fails to act within the 
                180-day period, the fuel shall be deemed to be 
                certified until the Administrator completes action on 
                the petition.
                  (B) Certification; equivalency.--The Administrator 
                shall certify a fuel formulation or slate of fuel 
                formulations as complying with this subsection if the 
                fuel or fuels--
                          (i) comply with the requirements of paragraph 
                        (3); and
                          (ii) achieve equivalent or greater reductions 
                        in emissions of ozone-forming volatile organic 
                        compounds and emissions of toxic air pollutants 
                        than are achieved by a reformulated gasoline 
                        meeting the applicable requirements of 
                        paragraph (4).
                  (C) Determination of emissions level.--The 
                Administrator shall determine the level of emissions of 
                ozone-forming volatile organic compounds and emissions 
                of toxic air pollutants emitted by baseline vehicles 
                when operating on baseline gasoline. For purposes of 
                this subsection, the Administrator shall, by 
                regulation, determine appropriate measures of, and 
                methodology for, ascertaining the emissions of air 
                pollutants (including calculations, equipment, and 
                testing tolerances).
          (6) Prohibitions.--
                  (A) Sale or dispensing.--Each of the following shall 
                be a violation of this subsection:
                          (i) The sale or dispensing by any person of 
                        conventional gasoline to ultimate consumers in 
                        any covered area.
                          (ii) The sale or dispensing by any refiner, 
                        blender, importer, or marketer of conventional 
                        gasoline for resale in any covered area 
                        without--
                                  (I) segregating the conventional 
                                gasoline from reformulated gasoline; 
                                and
                                  (II) clearly marking the conventional 
                                gasoline as ``conventional gasoline, 
                                not for sale to ultimate consumer in a 
                                covered area''.
                  (B) Labeling, representing, or wholesaling 
                conventional gasoline as reformulated gasoline.--Any 
                refiner, blender, importer or marketer that purchases 
                properly segregated and marked conventional gasoline, 
                and thereafter labels, represents, or wholesales 
                conventional gasoline as reformulated gasoline shall be 
                in violation of this subsection.
                  (C) Sampling, testing, and recordkeeping 
                requirements.--The Administrator may impose sampling, 
                testing, and recordkeeping requirements on any refiner, 
                blender, importer, or marketer to prevent violations of 
                this section.
          (7) Opt-in areas.--
                  (A) Classified areas.--
                          (i) In general.--On the application of the 
                        Governor of a State, the Administrator shall 
                        apply the prohibitions set forth in paragraph 
                        (6) in any area in the State classified under 
                        subchapter II of chapter 215 as a marginal 
                        area, moderate area, serious area, or severe 
                        area (without regard to whether or not the 1980 
                        population of the area exceeds 250,000). In any 
                        such case, the Administrator shall establish an 
                        effective date for the prohibitions as the 
                        Administrator considers appropriate not later 
                        than 1 year after the application is received. 
                        The Administrator shall publish the application 
                        in the Federal Register on receipt.
                          (ii) Effect of insufficient domestic capacity 
                        to produce reformulated gasoline.--
                                  (I) In general.--If the Administrator 
                                determines, on the Administrator's own 
                                motion or on petition of any person, 
                                after consultation with the Secretary 
                                of Energy, that there is insufficient 
                                domestic capacity to produce gasoline 
                                certified under this subsection, the 
                                Administrator, by regulation--
                                          (aa) shall extend the 
                                        effective date of the 
                                        prohibitions in marginal areas, 
                                        moderate areas, serious areas, 
                                        or severe areas described in 
                                        clause (i) for 1 additional 
                                        year, and
                                          (bb) may renew such an 
                                        extension for 2 additional one-
                                        year periods.
                                  (II) Priority.-- The Administrator 
                                shall issue extensions under subclause 
                                (I) for areas with a lower ozone 
                                classification before issuing any such 
                                extension for areas with a higher 
                                classification.
                          (iii) Action on petition.--The Administrator 
                        shall act on any petition submitted under this 
                        subparagraph within 6 months after receipt of 
                        the petition.
                  (B) Ozone transport region.--
                          (i) Application of prohibition.--
                                  (I) In general.--On application of 
                                the Governor of a State in the ozone 
                                transport region established by section 
                                215205(a) of this title, the 
                                Administrator, not later than 180 days 
                                after the date of receipt of the 
                                application, shall apply the 
                                prohibitions specified in paragraph (6) 
                                to any area in the State (other than an 
                                area classified as a marginal ozone 
                                nonattainment area, moderate ozone 
                                nonattainment area, serious ozone 
                                nonattainment area, or severe ozone 
                                nonattainment area under subchapter II 
                                of chapter 215) unless the 
                                Administrator determines under clause 
                                (iii) that there is insufficient 
                                capacity to supply reformulated 
                                gasoline.
                                  (II) Publication of application.--As 
                                soon as practicable after the date of 
                                receipt of an application under 
                                subclause (I), the Administrator shall 
                                publish the application in the Federal 
                                Register.
                          (ii) Period of applicability.--Under clause 
                        (i), the prohibitions specified in paragraph 
                        (6) shall apply in a State--
                                  (I) commencing as soon as practicable 
                                but not later than 2 years after the 
                                date of approval by the Administrator 
                                of the application of the Governor of 
                                the State; and
                                  (II) ending not earlier than 4 years 
                                after the commencement date determined 
                                under subclause (I).
                          (iii) Extension of commencement date based on 
                        insufficient capacity.--
                                  (I) In general.--If, after receipt of 
                                an application from a Governor of a 
                                State under clause (i), the 
                                Administrator determines, on the 
                                Administrator's own motion or on 
                                petition of any person, after 
                                consultation with the Secretary of 
                                Energy, that there is insufficient 
                                capacity to supply reformulated 
                                gasoline, the Administrator, by 
                                regulation--
                                          (aa) shall extend the 
                                        commencement date with respect 
                                        to the State under clause 
                                        (ii)(I) for not more than 1 
                                        year; and
                                          (bb) may renew the extension 
                                        under item (aa) for 2 
                                        additional periods, each of 
                                        which shall not exceed 1 year.
                                  (II) Deadline for action on 
                                petitions.--The Administrator shall act 
                                on any petition submitted under 
                                subclause (I) not later than 180 days 
                                after the date of receipt of the 
                                petition.
          (8) Credits.--
                  (A) In general.--The regulations promulgated under 
                this subsection shall provide for the granting of an 
                appropriate amount of credits to a person that refines, 
                blends, or imports and certifies a gasoline or slate of 
                gasoline that--
                          (i) has an aromatic hydrocarbon content (by 
                        volume) that is less than the maximum aromatic 
                        hydrocarbon content required to comply with 
                        paragraph (4); or
                          (ii) has a benzene content (by volume) that 
                        is less than the maximum benzene content 
                        specified in paragraph (3).
                  (B) Use.--The regulations described in subparagraph 
                (A) shall provide that a person that is granted credits 
                may use the credits, or transfer all or a portion of 
                the credits to another person for use within the same 
                nonattainment area, for the purpose of complying with 
                this subsection.
                  (C) Enforcement.--The regulations promulgated under 
                subparagraphs (A) and (B) shall ensure the enforcement 
                of the requirements for the issuance, application, and 
                transfer of credits. The regulations shall prohibit the 
                granting or transfer of credits for use with respect to 
                any gasoline in a nonattainment area, to the extent 
                that the use of the credits would result in--
                          (i) an average gasoline aromatic hydrocarbon 
                        content (by volume) for the nonattainment area 
                        (taking into account all gasoline sold for use 
                        in conventional gasoline-fueled vehicles in the 
                        nonattainment area) higher than the average 
                        fuel aromatic hydrocarbon content (by volume) 
                        that would occur in the absence of using any 
                        such credits; or
                          (ii) an average benzene content (by volume) 
                        for the nonattainment area (taking into account 
                        all gasoline sold for use in conventional 
                        gasoline-fueled vehicles in the nonattainment 
                        area) higher than the average benzene content 
                        (by volume) that would occur in the absence of 
                        using any such credits.
          (9) Antidumping regulations.--
                  (A) In general.--The Administrator shall promulgate 
                regulations applicable to each refiner, blender, or 
                importer of gasoline ensuring that gasoline sold or 
                introduced into commerce by the refiner, blender, or 
                importer (other than reformulated gasoline subject to 
                the requirements of paragraph (2)) does not result in 
                average per gallon emissions (measured on a mass basis) 
                of--
                          (i) volatile organic compounds;
                          (ii) nitrogen oxides;
                          (iii) carbon monoxide; and
                          (iv) toxic air pollutants;
                in excess of emissions of those pollutants attributable 
                to gasoline sold or introduced into commerce in 
                calendar year 1990 by that refiner, blender, or 
                importer.
                  (B) Adjustments.--In evaluating compliance with the 
                requirements of subparagraph (A), the Administrator 
                shall make appropriate adjustments to ensure that no 
                credit is provided for improvement in motor vehicle 
                emission control in motor vehicles sold after calendar 
                year 1990.
                  (C) Compliance determined for each pollutant 
                independently.--In determining whether there is an 
                increase in emissions in violation of the prohibition 
                contained in subparagraph (A), the Administrator shall 
                consider an increase in each air pollutant described in 
                clauses (i) through (iv) of subparagraph (A) as a 
                separate violation of the prohibition, except that the 
                Administrator shall promulgate regulations to provide 
                that any increase in emissions of nitrogen oxides 
                resulting from adding oxygenates to gasoline may be 
                offset by an equivalent or greater reduction (on a mass 
                basis) in emissions of volatile organic compounds, 
                carbon monoxide, or toxic air pollutants, or any 
                combination of the foregoing.
                  (D) Compliance period.--The Administrator shall 
                promulgate an appropriate compliance period or 
                appropriate compliance periods to be used for assessing 
                compliance with the prohibition contained in 
                subparagraph (A).
                  (E) Baseline for determining compliance.--If the 
                Administrator determines that no adequate and reliable 
                data exist regarding the composition of gasoline sold 
                or introduced into commerce by a refiner, blender, or 
                importer in calendar year 1990, for that refiner, 
                blender, or importer, baseline gasoline shall be 
                substituted for 1990 gasoline in determining compliance 
                with subparagraph (A).
          (10) Emissions from entire vehicle.--In applying the 
        requirements of this subsection, the Administrator shall take 
        into account emissions from the entire motor vehicle, including 
        evaporative, running, refueling, and exhaust emissions.
  (l) Detergents.--No person may sell or dispense to an ultimate 
consumer in the United States, and no refiner or marketer may directly 
or indirectly sell or dispense to persons that sell or dispense to 
ultimate consumers in the United States, any gasoline that does not 
contain additives to prevent the accumulation of deposits in engines or 
fuel supply systems. The Administrator shall promulgate a regulation 
establishing specifications for such additives.
  (m) Oxygenated Fuels.--
          (1) Plan revisions for carbon monoxide nonattainment areas.--
                  (A) States in which there is located all or part of 
                an area that is designated as a nonattainment area for 
                carbon monoxide and that has a carbon monoxide design 
                value of 9.5 or more parts per million.--The applicable 
                implementation plan of a State in which there is 
                located all or part of an area that is designated under 
                subdivision 2 as a nonattainment area for carbon 
                monoxide and that has a carbon monoxide design value of 
                9.5 or more parts per million based on data for the 2-
                year period of 1988 and 1989 and calculated according 
                to the most recent interpretation methodology issued by 
                the Administrator prior to November 15, 1990, shall 
                contain for that area the provisions specified under 
                this subsection regarding oxygenated gasoline.
                  (B) States in which there is located any area that, 
                for any 2-year period after 1989, has a carbon monoxide 
                design value of 9.5 or more parts per million.--Each 
                State in which there is located any area that, for any 
                2-year period after 1989, has a carbon monoxide design 
                value of 9.5 or more parts per million shall, within 18 
                months after that 2-year period, submit a plan 
                provision that contains the provisions specified under 
                this subsection regarding oxygenated gasoline.
          (2) Oxygenated gasoline in carbon monoxide nonattainment 
        areas.--
                  (A) In general.--Each plan provision under this 
                subsection shall contain provisions to require that any 
                gasoline sold or dispensed to an ultimate consumer in 
                the carbon monoxide nonattainment area or sold or 
                dispensed directly or indirectly by fuel refiners or 
                marketers to persons that sell or dispense to ultimate 
                consumers, in the larger of--
                          (i) the Consolidated Metropolitan Statistical 
                        Area in which the area is located; or
                          (ii) if the area is not located in a 
                        Consolidated Metropolitan Statistical Area, the 
                        Metropolitan Statistical Area in which the area 
                        is located;
                be blended, during the portion of the year in which the 
                area is prone to high ambient concentrations of carbon 
                monoxide, to contain not less than 2.7 percent oxygen 
                by weight (subject to a testing tolerance established 
                by the Administrator).
                  (B) Portion of year.--
                          (i) In general.--The portion of the year in 
                        which the area is prone to high ambient 
                        concentrations of carbon monoxide shall be as 
                        determined by the Administrator, but shall not 
                        be less than 4 months.
                          (ii) Reduction.--At the request of a State 
                        with respect to any area designated as 
                        nonattainment for carbon monoxide, the 
                        Administrator may reduce the period specified 
                        in clause (i) if the State can demonstrate that 
                        because of meteorological conditions, a reduced 
                        period will ensure that there will be no 
                        exceedances of the carbon monoxide standard 
                        outside the reduced period.
                  (C) Effective date.--A plan provision under this 
                subsection shall provide that the requirement shall 
                take effect not later than November 1 of the 3d year 
                after the last year of the applicable 2-year period 
                described in paragraph (1) (or at such other date 
                during the 3d year as the Administrator establishes 
                under subparagraphs (A) and (B)).
                  (D) Implementation and enforcement.--A plan provision 
                under this subsection shall include a program for 
                implementation and enforcement of the requirement 
                consistent with guidance issued by the Administrator.
          (3) Waivers.--
                  (A) Prevention of or interference with attainment for 
                air pollutant other than carbon monoxide.--The 
                Administrator shall waive, in whole or in part, the 
                requirements of paragraph (2) on a demonstration by the 
                State to the satisfaction of the Administrator that the 
                use of oxygenated gasoline would prevent or interfere 
                with the attainment by the area of a primary NAAQS (or 
                a State or local ambient air quality standard) for any 
                air pollutant other than carbon monoxide.
                  (B) No significant contribution to carbon monoxide 
                levels.--The Administrator shall, on demonstration by 
                the State satisfactory to the Administrator, waive the 
                requirements of paragraph (2) where the Administrator 
                determines that mobile sources of carbon monoxide do 
                not contribute significantly to carbon monoxide levels 
                in an area.
                  (C) Inadequate supply or capacity.--
                          (i) Definition of distribution capacity.--In 
                        this subparagraph, the term ``distribution 
                        capacity'' includes capacity for 
                        transportation, storage, and blending.
                          (ii) Petition.--Any person may petition the 
                        Administrator to make a finding that there is, 
                        or is likely to be, for any area, an inadequate 
                        domestic supply of, or distribution capacity 
                        for, oxygenated gasoline meeting the 
                        requirements of paragraph (2) or fuel additives 
                        (oxygenates) necessary to meet those 
                        requirements. The Administrator shall act on 
                        such a petition within 6 months after receipt 
                        of the petition.
                          (iii) Determination of inadequacy.--If the 
                        Administrator determines, in response to a 
                        petition under clause (ii), that there is an 
                        inadequate supply or capacity described in 
                        clause (ii), the Administrator shall delay the 
                        effective date of paragraph (2) for 1 year. On 
                        petition, the Administrator may extend the 
                        effective date for 1 additional year. No 
                        partial delay or lesser waiver may be granted 
                        under this clause.
                          (iv) Considerations.--In granting waivers 
                        under this subparagraph, the Administrator 
                        shall consider distribution capacity separately 
                        from the adequacy of domestic supply and shall 
                        grant such waivers in such a manner as will 
                        ensure that, if supplies of oxygenated gasoline 
                        are limited, areas having the highest design 
                        value for carbon monoxide will have a priority 
                        in obtaining oxygenated gasoline that meets the 
                        requirements of paragraph (2).
          (4) Fuel dispensing systems.--Any person selling oxygenated 
        gasoline at retail pursuant to this subsection shall be 
        required under regulations promulgated by the Administrator to 
        label the fuel dispensing system with a notice that the 
        gasoline is oxygenated and will reduce the carbon monoxide 
        emissions from the motor vehicle.
          (5) Guidelines for credit.--The Administrator shall 
        promulgate guidelines allowing the use, during the portion of 
        the year specified in paragraph (2), of marketable oxygen 
        credits from gasolines with higher oxygen content than required 
        to offset the sale or use of gasoline with a lower oxygen 
        content than is required. No credits may be transferred between 
        nonattainment areas.
          (6) Attainment areas.--Nothing in this subsection shall be 
        interpreted as requiring an oxygenated gasoline program in an 
        area that is in attainment for carbon monoxide, except that in 
        a carbon monoxide nonattainment area that is redesignated as 
        attainment for carbon monoxide, the requirements of this 
        subsection shall remain in effect to the extent that the 
        program is necessary to maintain the standard thereafter in the 
        area.
          (7) Failure to attain carbon monoxide standard.--If the 
        Administrator determines under section 215302(b)(2) of this 
        title that the primary NAAQS for carbon monoxide has not been 
        attained in a serious area by the applicable attainment date, 
        the State shall submit a plan provision for the area within 9 
        months after the date of the determination. The plan revision 
        shall provide that the minimum oxygen content of gasoline 
        described in paragraph (2) shall be 3.1 percent by weight 
        unless the requirement is waived in accordance with this 
        subsection.
  (n) Prohibition of Leaded Gasoline for Highway Use.--It shall be 
unlawful for any person to sell, offer for sale, supply, offer for 
supply, dispense, transport, or introduce into commerce, for use as 
fuel in any motor vehicle (as defined in section 221101 of this title) 
any gasoline that contains lead or lead additives.
  (o) Renewable Fuel Program.--
          (1) Definitions.--In this subsection:
                  (A) Additional renewable fuel.--The term ``additional 
                renewable fuel'' means fuel that is produced from 
                renewable biomass and that is used to replace or reduce 
                the quantity of fossil fuel in home heating oil or jet 
                fuel.
                  (B) Advanced biofuel.--
                          (i) In general.--The term ``advanced 
                        biofuel'' means renewable fuel, other than 
                        ethanol derived from corn starch, that has 
                        lifecycle greenhouse gas emissions, as 
                        determined by the Administrator, after notice 
                        and opportunity for comment, that are at least 
                        50 percent less than baseline lifecycle 
                        greenhouse gas emissions.
                          (ii) Inclusions.--The types of fuels eligible 
                        for consideration as ``advanced biofuel'' may 
                        include any of the following:
                                  (I) Ethanol derived from cellulose, 
                                hemicellulose, or lignin.
                                  (II) Ethanol derived from sugar or 
                                starch (other than corn starch).
                                  (III) Ethanol derived from waste 
                                material, including crop residue, other 
                                vegetative waste material, animal 
                                waste, food waste, and yard waste.
                                  (IV) Biomass-based diesel.
                                  (V) Biogas (including landfill gas 
                                and sewage waste treatment gas) 
                                produced through the conversion of 
                                organic matter from renewable biomass.
                                  (VI) Butanol or other alcohols 
                                produced through the conversion of 
                                organic matter from renewable biomass.
                                  (VII) Other fuel derived from 
                                cellulosic biomass.
                  (C) Baseline lifecycle greenhouse gas emissions.--The 
                term ``baseline lifecycle greenhouse gas emissions'' 
                means the average lifecycle greenhouse gas emissions, 
                as determined by the Administrator, after notice and 
                opportunity for comment, for gasoline or diesel 
                (whichever is being replaced by the renewable fuel) 
                sold or distributed as transportation fuel in 2005.
                  (D) Biomass-based diesel.--
                          (i) In general.--The term ``biomass-based 
                        diesel'' means renewable fuel that is biodiesel 
                        as defined in section 312(f) of the Energy 
                        Policy Act of 1992 (42 U.S.C. 13220(f)) and 
                        that has lifecycle greenhouse gas emissions, as 
                        determined by the Administrator, after notice 
                        and opportunity for comment, that are at least 
                        50 percent less than the baseline lifecycle 
                        greenhouse gas emissions.
                          (ii) Renewable fuel derived from coprocessing 
                        biomass with a petroleum feedstock.--
                        Notwithstanding clause (i), renewable fuel 
                        derived from coprocessing biomass with a 
                        petroleum feedstock shall be advanced biofuel 
                        if it meets the requirements of subparagraph 
                        (B) but is not biomass-based diesel.
                  (E) Cellulosic biofuel.--The term ``cellulosic 
                biofuel'' means renewable fuel derived from any 
                cellulose, hemicellulose, or lignin that is derived 
                from renewable biomass and that has lifecycle 
                greenhouse gas emissions, as determined by the 
                Administrator, that are at least 60 percent less than 
                the baseline lifecycle greenhouse gas emissions.
                  (F) Conventional biofuel.--The term ``conventional 
                biofuel'' means renewable fuel that is ethanol derived 
                from corn starch.
                  (G) Greenhouse gas.--
                          (i) In general.--The term ``greenhouse gas'' 
                        means carbon dioxide, hydrofluorocarbons, 
                        methane, nitrous oxide, perfluorocarbons, and 
                        sulfur hexafluoride.
                          (ii) Inclusion of other anthropogenically-
                        emitted gases.--The term ``greenhouse gas'' 
                        includes any other anthropogenically-emitted 
                        gas that is determined by the Administrator, 
                        after notice and comment, to contribute to 
                        global warming.
                  (H) Lifecycle greenhouse gas emissions.--The term 
                ``lifecycle greenhouse gas emissions'' means the 
                aggregate quantity of greenhouse gas emissions 
                (including direct emissions and significant indirect 
                emissions such as significant emissions from land use 
                changes), as determined by the Administrator, related 
                to the full fuel lifecycle, including all stages of 
                fuel and feedstock production and distribution, from 
                feedstock generation or extraction through the 
                distribution and delivery and use of the finished fuel 
                to the ultimate consumer, where the mass values for all 
                greenhouse gases are adjusted to account for their 
                relative global warming potential.
                  (I) Renewable biomass.--The term ``renewable 
                biomass'' means--
                          (i) planted crops and crop residue harvested 
                        from agricultural land cleared or cultivated at 
                        any time before December 19, 2007, that is--
                                  (I) actively managed or fallow; and
                                  (II) nonforested;
                          (ii) planted trees and tree residue from 
                        actively managed tree plantations on non-
                        Federal land cleared at any time before 
                        December 19, 2007, including land belonging to 
                        an Indian tribe or an Indian individual, that 
                        is held in trust by the United States or 
                        subject to a restriction against alienation 
                        imposed by the United States;
                          (iii) animal waste material and animal 
                        byproducts;
                          (iv) slash and precommercial thinnings that 
                        are from non-Federal forestland, including 
                        forestland belonging to an Indian tribe or an 
                        Indian individual that is held in trust by the 
                        United States or is subject to a restriction 
                        against alienation imposed by the United 
                        States, but not including--
                                  (I) a forest or forestland that is an 
                                ecological community with a global or 
                                State ranking of critically imperiled, 
                                imperiled, or rare pursuant to a State 
                                natural heritage program;
                                  (II) an old growth forest; or
                                  (III) a late successional forest;
                          (v) biomass obtained from the immediate 
                        vicinity of buildings and other areas regularly 
                        occupied by people, or of public 
                        infrastructure, at risk from wildfire;
                          (vi) algae; and
                          (vii) separated yard waste or food waste, 
                        including recycled cooking grease and trap 
                        grease.
                  (J) Renewable fuel.--The term ``renewable fuel'' 
                means fuel that is produced from renewable biomass and 
                that is used to replace or reduce the quantity of 
                fossil fuel in a transportation fuel.
                  (K) Small refinery.--The term ``small refinery'' 
                means a refinery for which the average aggregate daily 
                crude oil throughput for a calendar year (as determined 
                by dividing the aggregate throughput for the calendar 
                year by the number of days in the calendar year) does 
                not exceed 75,000 barrels.
                  (L) Transportation fuel.--The term ``transportation 
                fuel'' means fuel for use in motor vehicles, motor 
                vehicle engines, nonroad vehicles, or nonroad engines 
                (except for oceangoing vessels).
          (2) Renewable fuel program.--
                  (A) Regulations.--
                          (i) In general.--
                                  (I) Gasoline.--The Administrator 
                                shall promulgate regulations to ensure 
                                that gasoline sold or introduced into 
                                commerce in the contiguous States, on 
                                an annual average basis, contains the 
                                applicable volume of renewable fuel 
                                determined in accordance with 
                                subparagraph (B).
                                  (II) Transportation fuel.--The 
                                regulations shall ensure that 
                                transportation fuel sold or introduced 
                                into commerce in the contiguous States, 
                                on an annual average basis--
                                          (aa) contains at least the 
                                        applicable volume of renewable 
                                        fuel, advanced biofuel, 
                                        cellulosic biofuel, and 
                                        biomass-based diesel, 
                                        determined in accordance with 
                                        subparagraph (B); and
                                          (bb) in the case of any such 
                                        renewable fuel produced from 
                                        new facilities that commence 
                                        construction after December 19, 
                                        2007, achieves at least a 20 
                                        percent reduction in lifecycle 
                                        greenhouse gas emissions 
                                        compared with baseline 
                                        lifecycle greenhouse gas 
                                        emissions.
                          (ii) Noncontiguous state opt-in.--
                                  (I) In general.--On the petition of a 
                                noncontiguous State or territory, the 
                                Administrator may allow the renewable 
                                fuel program established under this 
                                subsection to apply in the 
                                noncontiguous State or territory at the 
                                same time or any time after the 
                                Administrator promulgates regulations 
                                under clause (i).
                                  (II) Other actions.--In carrying out 
                                this clause, the Administrator may--
                                          (aa) promulgate or revise 
                                        regulations under this 
                                        paragraph;
                                          (bb) establish applicable 
                                        percentages under paragraph 
                                        (3);
                                          (cc) provide for the 
                                        generation of credits under 
                                        paragraph (5); and
                                          (dd) take such other actions 
                                        as are necessary to allow for 
                                        the application of the 
                                        renewable fuels program in a 
                                        noncontiguous State or 
                                        territory.
                          (iii) Provisions of regulations.--Regardless 
                        of the date of promulgation, the regulations 
                        promulgated under clause (i)--
                                  (I) shall contain compliance 
                                provisions applicable to refineries, 
                                blenders, distributors, and importers, 
                                as appropriate, to ensure that the 
                                requirements of this paragraph are met; 
                                but
                                  (II) shall not--
                                          (aa) restrict geographic 
                                        areas in which renewable fuel 
                                        may be used; or
                                          (bb) impose any per-gallon 
                                        obligation for the use of 
                                        renewable fuel.
                  (B) Applicable volume.--
                          (i) Specified calendar years.--
                                  (I) Renewable fuel.--For the purpose 
                                of subparagraph (A), the applicable 
                                volume of renewable fuel for calendar 
                                years 2009 to 2022 specified in the 
                                following table shall be determined in 
                                accordance with the following table:

 
                                                           Applicable
                                                            volume of
                        Calendar year:                   renewable fuel
                                                         (in billions of
                                                            gallons):
 
      2009............................................             11.10
      2010............................................             12.95
      2011............................................             13.95
      2012............................................             15.20
      2013............................................             16.55
      2014............................................             18.15
      2015............................................             20.50
      2016............................................             22.25
      2017............................................             24.00
      2018............................................             26.00
      2019............................................             28.00
      2020............................................             30.00
      2021............................................             33.00
      2022............................................            36.00.
 

                                  (II) Advanced biofuel.--For the 
                                purpose of subparagraph (A), of the 
                                volume of renewable fuel required under 
                                subclause (I), the applicable volume of 
                                advanced biofuel for calendar years 
                                2009 to 2022 shall be determined in 
                                accordance with the following table:

 
                                                           Applicable
                                                            volume of
                                                        advanced biofuel
                        Calendar year:                   (in billions of
                                                            gallons):
 
 
      2009............................................              0.60
      2010............................................              0.95
      2011............................................              1.35
      2012............................................              2.00
      2013............................................              2.75
      2014............................................              3.75
      2015............................................              5.50
      2016............................................              7.25
      2017............................................              9.00
      2018............................................             11.00
      2019............................................             13.00
      2020............................................             15.00
      2021............................................             18.00
      2022............................................            21.00.
 

                                  (III) Cellulosic biofuel.--For the 
                                purpose of subparagraph (A), of the 
                                volume of advanced biofuel required 
                                under subclause (II), the applicable 
                                volume of cellulosic biofuel for 
                                calendar years 2010 to 2022 shall be 
                                determined in accordance with the 
                                following table:

 
                                                           Applicable
                                                            volume of
                                                           cellulosic
                        Calendar year:                     biofuel (in
                                                           billions of
                                                            gallons):
 
      2010............................................              0.10
      2011............................................              0.25
      2012............................................              0.50
      2013............................................              1.00
      2014............................................              1.75
      2015............................................              3.00
      2016............................................              4.25
      2017............................................              5.50
      2018............................................              7.00
      2019............................................              8.50
      2020............................................             10.50
      2021............................................             13.50
      2022............................................            16.00.
 

                                  (IV) Biomass-based diesel.--For the 
                                purpose of subparagraph (A), of the 
                                volume of advanced biofuel required 
                                under subclause (II), the applicable 
                                volume of biomass-based diesel for 
                                calendar years 2009 to 2012 shall be 
                                determined in accordance with the 
                                following table:

 
                                                           Applicable
                                                            volume of
                                                         biomass- based
                        Calendar year:                     diesel (in
                                                           billions of
                                                            gallons):
 
      2009............................................              0.50
      2010............................................              0.65
      2011............................................              0.80
      2012............................................             1.00.
 

                          (ii) Other calendar years.--
                                  (I) In general.--For the purposes of 
                                subparagraph (A), the applicable 
                                volumes of each fuel specified in the 
                                tables in clause (i) for calendar years 
                                after the calendar years specified in 
                                the tables shall be determined by the 
                                Administrator, in coordination with the 
                                Secretary of Energy and the Secretary 
                                of Agriculture, based on a review of 
                                the implementation of the program 
                                during calendar years specified in the 
                                tables, and an analysis of--
                                          (aa) the impact of the 
                                        production and use of renewable 
                                        fuels on the environment, 
                                        including on air quality, 
                                        climate change, conversion of 
                                        wetland, ecosystems, wildlife 
                                        habitat, water quality, and 
                                        water supply;
                                          (bb) the impact of renewable 
                                        fuels on the energy security of 
                                        the United States;
                                          (cc) the expected annual rate 
                                        of future commercial production 
                                        of renewable fuels, including 
                                        advanced biofuels in each 
                                        category (cellulosic biofuel 
                                        and biomass-based diesel);
                                          (dd) the impact of renewable 
                                        fuels on the infrastructure of 
                                        the United States, including 
                                        deliverability of materials, 
                                        goods, and products other than 
                                        renewable fuel, and the 
                                        sufficiency of infrastructure 
                                        to deliver and use renewable 
                                        fuel;
                                          (ee) the impact of the use of 
                                        renewable fuels on the cost to 
                                        consumers of transportation 
                                        fuel and on the cost to 
                                        transport goods; and
                                          (ff) the impact of the use of 
                                        renewable fuels on other 
                                        factors, including job 
                                        creation, the price and supply 
                                        of agricultural commodities, 
                                        rural economic development, and 
                                        food prices.
                                  (II) Regulations.--The Administrator 
                                shall promulgate regulations 
                                establishing the applicable volumes 
                                under subclause (I) not later than 14 
                                months before the 1st year for which 
                                the applicable volume applies.
                          (iii) Applicable volume of advanced 
                        biofuel.--For the purpose of making the 
                        determinations under clause (ii), for each 
                        calendar year, the applicable volume of 
                        advanced biofuel shall be at least the same 
                        percentage of the applicable volume of 
                        renewable fuel as for calendar year 2022.
                          (iv) Applicable volume of cellulosic 
                        biofuel.--For the purpose of making the 
                        determinations under clause (ii), for each 
                        calendar year, the applicable volume of 
                        cellulosic biofuel established by the 
                        Administrator shall be based on the assumption 
                        that the Administrator will not need to issue a 
                        waiver for those years under paragraph (7)(D).
                          (v) Minimum applicable volume of biomass-
                        based diesel.--For the purpose of making the 
                        determinations under clause (ii), the 
                        applicable volume of biomass-based diesel shall 
                        be not less than the applicable volume listed 
                        in clause (i)(IV) for calendar year 2012.
          (3) Applicable percentages.--
                  (A) Provision of estimate of volumes of gasoline 
                sales.--Not later than October 31 of each of calendar 
                years 2009 to 2021, the Administrator of the Energy 
                Information Administration shall provide to the 
                Administrator an estimate, with respect to the 
                following calendar year, of the volumes of 
                transportation fuel, biomass-based diesel, and 
                cellulosic biofuel projected to be sold or introduced 
                into commerce.
                  (B) Determination of applicable percentages.--
                          (i) In general.--Not later than November 30 
                        of each of calendar years 2009 to 2021, based 
                        on the estimate provided under subparagraph 
                        (A), the Administrator shall determine and 
                        publish in the Federal Register, with respect 
                        to the following calendar year, the renewable 
                        fuel obligation that ensures that the 
                        requirements of paragraph (2) are met.
                          (ii) Required elements.--The renewable fuel 
                        obligation determined for a calendar year under 
                        clause (i) shall--
                                  (I) be applicable to refineries, 
                                blenders, and importers, as 
                                appropriate;
                                  (II) be expressed in terms of a 
                                volume percentage of transportation 
                                fuel sold or introduced into commerce; 
                                and
                                  (III) subject to subparagraph (C)(i), 
                                consist of a single applicable 
                                percentage that applies to all 
                                categories of persons specified in 
                                subclause (I).
                  (C) Adjustments.--In determining the applicable 
                percentage for a calendar year, the Administrator shall 
                make adjustments--
                          (i) to prevent the imposition of redundant 
                        obligations on any person specified in 
                        subparagraph (B)(ii)(I); and
                          (ii) to account for the use of renewable fuel 
                        during the previous calendar year by small 
                        refineries that are exempt under paragraph (8).
          (4) Modification of greenhouse gas reduction percentages.--
                  (A) In general.--The Administrator may, in the 
                regulations under paragraph (2)(A)(i)(II), adjust the 
                20 percent, 50 percent, and 60 percent reductions in 
                lifecycle greenhouse gas emissions specified in 
                paragraphs (2)(A)(i) (relating to renewable fuel), 
                (1)(D) (relating to biomass-based diesel), (1)(B)(i) 
                (relating to advanced biofuel), and (1)(E) (relating to 
                cellulosic biofuel) to a lower percentage. For the 50 
                and 60 percent reductions, the Administrator may make 
                such an adjustment only if the Administrator determines 
                that generally such a reduction is not commercially 
                feasible for fuels made using a variety of feedstocks, 
                technologies, and processes to meet the applicable 
                reduction.
                  (B) Amount of adjustment.--In promulgating 
                regulations under this paragraph, the Administrator 
                shall not--
                          (i) reduce to below 40 percent the specified 
                        50 percent reduction in greenhouse gas 
                        emissions from advanced biofuel and in biomass-
                        based diesel;
                          (ii) reduce to below 10 percent the specified 
                        20 percent reduction in greenhouse gas 
                        emissions from renewable fuel; or
                          (iii) reduce to below 50 percent the 
                        specified 60 percent reduction in greenhouse 
                        gas emissions from cellulosic biofuel.
                  (C) Adjusted reduction levels.--An adjustment under 
                this paragraph to a percentage less than the specified 
                20 percent greenhouse gas reduction for renewable fuel 
                shall be the minimum possible adjustment, and the 
                adjusted greenhouse gas reduction shall be established 
                by the Administrator at the maximum achievable level, 
                taking cost into consideration, for natural gas fired 
                corn-based ethanol plants, allowing for the use of a 
                variety of technologies and processes. An adjustment in 
                the 50 or 60 percent greenhouse gas levels shall be the 
                minimum possible adjustment for the fuel or fuels 
                concerned, and the adjusted greenhouse gas reduction 
                shall be established at the maximum achievable level, 
                taking cost into consideration, allowing for the use of 
                a variety of feedstocks, technologies, and processes.
                  (D) 5-year review.--When the Administrator makes any 
                adjustment under this paragraph, not later than 5 years 
                thereafter the Administrator shall review and revise 
                (based on the same criteria and standards as are 
                required for the initial adjustment) the regulations 
                establishing the adjusted level.
                  (E) Subsequent adjustments.--After the Administrator 
                promulgates a regulation under paragraph (2)(A)(i)(II) 
                with respect to the method of determining lifecycle 
                greenhouse gas emissions, except as provided in 
                subparagraph (D), the Administrator shall not adjust 
                the percentage greenhouse gas reduction levels unless 
                the Administrator determines that there has been a 
                significant change in the analytical methodology used 
                for determining the lifecycle greenhouse gas emissions. 
                If the Administrator makes such a determination, the 
                Administrator may adjust the 20, 50, or 60 percent 
                reduction levels through rulemaking using the criteria 
                and standards set forth in this paragraph.
                  (F) Limit on upward adjustments.--If, under 
                subparagraph (D) or (E), the Administrator revises a 
                percentage level adjusted as provided in subparagraphs 
                (A), (B), and (C) to a higher percentage, the higher 
                percentage shall not exceed the applicable percent 
                specified in paragraph (2)(A)(i), (1)(D), (1)(B)(i), or 
                (1)(E).
                  (G) Applicability of adjustments.--If the 
                Administrator adjusts or revises a percentage level 
                described in this paragraph or makes a change in the 
                analytical methodology used for determining the 
                lifecycle greenhouse gas emissions, the adjustment, 
                revision, or change (or any combination thereof) shall 
                apply only to renewable fuel from new facilities that 
                commence construction after the effective date of the 
                adjustment, revision, or change.
          (5) Credit program.--
                  (A) In general.--The regulations promulgated under 
                paragraph (2)(A) shall provide--
                          (i) for the generation of an appropriate 
                        amount of credits by any person that refines, 
                        blends, or imports gasoline that contains a 
                        quantity of renewable fuel that is greater than 
                        the quantity required under paragraph (2);
                          (ii) for the generation of an appropriate 
                        amount of credits for biodiesel; and
                          (iii) for the generation of credits by small 
                        refineries in accordance with paragraph (8)(C).
                  (B) Use of credits.--A person that generates credits 
                under subparagraph (A) may use the credits, or transfer 
                all or a portion of the credits to another person, for 
                the purpose of complying with paragraph (2).
                  (C) Duration of credits.--A credit generated under 
                this paragraph shall be valid to show compliance for 
                the 12 months as of the date of generation.
                  (D) Inability to generate or purchase sufficient 
                credits.--The regulations promulgated under paragraph 
                (2)(A) shall include provisions allowing any person 
                that is unable to generate or purchase sufficient 
                credits to meet the requirements of paragraph (2) to 
                carry forward a renewable fuel deficit on condition 
                that the person, in the calendar year following the 
                year in which the renewable fuel deficit is created--
                          (i) achieves compliance with the renewable 
                        fuel requirement under paragraph (2); and
                          (ii) generates or purchases additional 
                        renewable fuel credits to offset the renewable 
                        fuel deficit of the previous year.
                  (E) Credits for additional renewable fuel.--The 
                Administrator may issue regulations providing for--
                          (i) the generation of an appropriate amount 
                        of credits by any person that refines, blends, 
                        or imports additional renewable fuels specified 
                        by the Administrator; and
                           (ii) the use of such credits by the 
                        generator, or the transfer of all or a portion 
                        of the credits to another person, for the 
                        purpose of complying with paragraph (2).
          (6) Seasonal variations in renewable fuel use.--
                  (A) Study.--For each of calendar years 2006 to 2012, 
                the Administrator of the Energy Information 
                Administration shall conduct a study of renewable fuel 
                blending to determine whether there are excessive 
                seasonal variations in the use of renewable fuel.
                  (B) Regulation of excessive seasonal variations.--If, 
                for any calendar year, the Administrator of the Energy 
                Information Administration, based on the study under 
                subparagraph (A), makes the determinations specified in 
                subparagraph (C), the Administrator of EPA shall 
                promulgate regulations to ensure that 25 percent or 
                more of the quantity of renewable fuel necessary to 
                meet the requirements of paragraph (2) is used during 
                each of the 2 periods specified in subparagraph (D) of 
                each subsequent calendar year.
                  (C) Determinations.--The determinations referred to 
                in subparagraph (B) are that--
                          (i) less than 25 percent of the quantity of 
                        renewable fuel necessary to meet the 
                        requirements of paragraph (2) has been used 
                        during 1 of the 2 periods specified in 
                        subparagraph (D) of the calendar year;
                          (ii) a pattern of excessive seasonal 
                        variation described in clause (i) will continue 
                        in subsequent calendar years; and
                          (iii) promulgating regulations or other 
                        requirements to impose a 25 percent or more 
                        seasonal use of renewable fuels will not 
                        prevent or interfere with the attainment of 
                        NAAQSes or significantly increase the price of 
                        motor fuels to the consumer.
                  (D) Periods.--The 2 periods referred to in this 
                paragraph are--
                          (i) April to September; and
                          (ii) January to March and October to 
                        December.
                  (E) Exclusion.--Renewable fuel blended or consumed in 
                calendar year 2006 in a State that has received a 
                waiver under section 221109(b) of this title shall not 
                be included in the study under subparagraph (A).
                  (F) State exemption from seasonality requirements.--
                Notwithstanding any other provision of law, the 
                seasonality requirement relating to renewable fuel use 
                established by this paragraph shall not apply to any 
                State that has received a waiver under section 
                221109(b) of this title or any State dependent on 
                refineries in that State for gasoline supplies.
          (7) Waivers.--
                  (A) In general.--On petition by 1 or more States, by 
                any person subject to the requirements of this 
                subsection, or by the Administrator on the 
                Administrator's own motion, the Administrator, in 
                consultation with the Secretary of Agriculture and the 
                Secretary of Energy, may waive the requirements of 
                paragraph (2) in whole or in part by reducing the 
                national quantity of renewable fuel required under 
                paragraph (2) based on a determination by the 
                Administrator, after public notice and opportunity for 
                comment, that--
                          (i) implementation of the requirement would 
                        severely harm the economy or environment of a 
                        State, a region, or the United States; or
                          (ii) there is an inadequate domestic supply.
                  (B) Petitions for waivers.--The Administrator, in 
                consultation with the Secretary of Agriculture and the 
                Secretary of Energy, shall approve or disapprove a 
                petition for a waiver of the requirements of paragraph 
                (2) within 90 days after the date on which the petition 
                is received by the Administrator.
                  (C) Termination of waivers.--A waiver granted under 
                subparagraph (A) shall terminate after 1 year, but may 
                be renewed by the Administrator after consultation with 
                the Secretary of Agriculture and the Secretary of 
                Energy.
                  (D) Cellulosic biofuel.--
                          (i) Projected volume less than the minimum 
                        applicable volume.--
                                  (I) Reduction of applicable volume.--
                                For any calendar year for which the 
                                projected volume of cellulosic biofuel 
                                production is less than the minimum 
                                applicable volume established under 
                                paragraph (2)(B), as determined by the 
                                Administrator based on the estimate 
                                provided under paragraph (3)(A), not 
                                later than November 30 of the preceding 
                                calendar year, the Administrator shall 
                                reduce the applicable volume of 
                                cellulosic biofuel required under 
                                paragraph (2)(B) to the projected 
                                volume available during that calendar 
                                year.
                                  (II) Renewable fuel and advanced 
                                biofuels.--For any calendar year for 
                                which the Administrator makes a 
                                reduction under subclause (I), the 
                                Administrator may also reduce the 
                                applicable volume of renewable fuel and 
                                advanced biofuels requirement 
                                established under paragraph (2)(B) by 
                                the same or a lesser volume.
                          (ii) Credits.--
                                  (I) In general.-- When the 
                                Administrator reduces the minimum 
                                cellulosic biofuel volume under this 
                                subparagraph, the Administrator shall 
                                make available for sale cellulosic 
                                biofuel credits at the higher of $0.25 
                                per gallon or the amount by which $3.00 
                                per gallon exceeds the average 
                                wholesale price of a gallon of gasoline 
                                in the United States.
                                  (II) Adjustment for inflation.--The 
                                Administrator shall adjust the amounts 
                                in subclause (I) for inflation for 
                                years after 2008.
                          (iii) Regulations.--
                                  (I) In general.--The Administrator 
                                shall promulgate regulations to govern 
                                the issuance of credits under this 
                                subparagraph.
                                  (II) Price of credits.--The 
                                regulations shall set forth the method 
                                for determining the exact price of 
                                credits in the event of a waiver. The 
                                price of such credits shall not be 
                                changed more frequently than once each 
                                quarter.
                                  (III) Market liquidity and 
                                transparency; certainty; limitation of 
                                misuse; other purposes.--The 
                                regulations shall include--
                                          (aa) such provisions, 
                                        including limiting the uses and 
                                        useful life of credits, as the 
                                        Administrator considers 
                                        appropriate to--

                                                  (AA) assist market 
                                                liquidity and 
                                                transparency;

                                                  (BB) provide 
                                                appropriate certainty 
                                                for regulated entities 
                                                and renewable fuel 
                                                producers; and

                                                  (CC) limit any 
                                                potential misuse of 
                                                cellulosic biofuel 
                                                credits to reduce the 
                                                use of other renewable 
                                                fuels; and

                                          (bb) provisions for such 
                                        other purposes as the 
                                        Administrator determines will 
                                        help achieve the goals of this 
                                        subsection.
                                  (IV) Number of credits.--The 
                                regulations shall limit the number of 
                                cellulosic biofuel credits for any 
                                calendar year to the minimum applicable 
                                volume (as reduced under this 
                                subparagraph) of cellulosic biofuel for 
                                that year.
                  (E) Biomass-based diesel.--
                          (i) Market evaluation.--The Administrator, in 
                        consultation with the Secretary of Energy and 
                        the Secretary of Agriculture, shall 
                        periodically evaluate the impact of the 
                        biomass-based diesel requirements established 
                        under this paragraph on the price of diesel 
                        fuel.
                          (ii) Waiver.--
                                  (I) Reduction of required quantity.--
                                If the Administrator determines that 
                                there is a significant renewable 
                                feedstock disruption or other market 
                                circumstances that would make the price 
                                of biomass-based diesel fuel increase 
                                significantly, the Administrator, in 
                                consultation with the Secretary of 
                                Energy and the Secretary of 
                                Agriculture, shall issue an order to 
                                reduce, for up to a 60-day period, the 
                                quantity of biomass-based diesel 
                                required under subparagraph (A) by an 
                                appropriate quantity that does not 
                                exceed 15 percent of the applicable 
                                annual requirement for biomass-based 
                                diesel.
                                  (II) Renewable fuel and advanced 
                                biofuels.-- For any calendar year for 
                                which the Administrator makes a 
                                reduction under subclause (I), the 
                                Administrator may also reduce the 
                                applicable volume of renewable fuel and 
                                advanced biofuels requirement 
                                established under paragraph (2)(B) by 
                                the same or a lesser volume.
                          (iii) Extensions.--If the Administrator 
                        determines that the feedstock disruption or 
                        circumstances described in clause (ii) is 
                        continuing beyond the 60-day period described 
                        in clause (ii) or this clause, the 
                        Administrator, in consultation with the 
                        Secretary of Energy and the Secretary of 
                        Agriculture, may issue an order to reduce, for 
                        up to an additional 60-day period, the quantity 
                        of biomass-based diesel required under 
                        subparagraph (A) by an appropriate quantity 
                        that does not exceed an additional 15 percent 
                        of the applicable annual requirement for 
                        biomass-based diesel.
                  (F) Modification of applicable volumes.--
                          (i) In general.--For any of the tables in 
                        paragraph (2)(B), if the Administrator waives--
                                  (I) at least 20 percent of the 
                                applicable volume requirement set forth 
                                in any such table for 2 consecutive 
                                years; or
                                  (II) at least 50 percent of such 
                                volume requirement for a single year;
                        the Administrator shall promulgate a regulation 
                        (within 1 year after issuing the waiver) that 
                        modifies the applicable volumes set forth in 
                        the table for all years following the final 
                        year to which the waiver applies, except that 
                        no such modification in applicable volumes 
                        shall be made for any year before 2016.
                          (ii) Processes, criteria, and standards.--In 
                        promulgating a regulation under clause (i), the 
                        Administrator shall comply with the processes, 
                        criteria, and standards set forth in paragraph 
                        (2)(B)(ii).
          (8) Small refineries.--
                  (A) Temporary exemption.--
                          (i) In general.--The requirements of 
                        paragraph (2) shall not apply to small 
                        refineries until calendar year 2011.
                          (ii) Extension of exemption.--
                                  (I) Study by secretary of energy.--
                                Not later than December 31, 2008, the 
                                Secretary of Energy shall conduct for 
                                the Administrator a study to determine 
                                whether compliance with the 
                                requirements of paragraph (2) would 
                                impose a disproportionate economic 
                                hardship on small refineries.
                                  (II) Extension of exemption.--In the 
                                case of a small refinery that the 
                                Secretary of Energy determines under 
                                subclause (I) would be subject to a 
                                disproportionate economic hardship if 
                                required to comply with paragraph (2), 
                                the Administrator shall extend the 
                                exemption under clause (i) for the 
                                small refinery for a period of not less 
                                than 2 additional years.
                  (B) Petitions based on disproportionate economic 
                hardship.--
                          (i) Extension of exemption.--A small refinery 
                        may at any time petition the Administrator for 
                        an extension of the exemption under 
                        subparagraph (A) for the reason of 
                        disproportionate economic hardship.
                          (ii) Evaluation of petitions.--In evaluating 
                        a petition under clause (i), the Administrator, 
                        in consultation with the Secretary of Energy, 
                        shall consider the findings of the study under 
                        subparagraph (A)(ii) and other economic 
                        factors.
                          (iii) Deadline for action on petitions.--The 
                        Administrator shall act on any petition 
                        submitted by a small refinery for a hardship 
                        exemption not later than 90 days after the date 
                        of receipt of the petition.
                  (C) Credit program.--If a small refinery notifies the 
                Administrator that the small refinery waives the 
                exemption under subparagraph (A), the regulations 
                promulgated under paragraph (2)(A) shall provide for 
                the generation of credits by the small refinery under 
                paragraph (5) beginning in the calendar year following 
                the date of notification.
                  (D) Opt-in for small refineries.--A small refinery 
                shall be subject to the requirements of paragraph (2) 
                if the small refinery notifies the Administrator that 
                the small refinery waives the exemption under 
                subparagraph (A).
          (9) Ethanol market concentration analysis.--
                  (A) Analysis.--
                          (i) In general.--The Federal Trade Commission 
                        shall annually perform a market concentration 
                        analysis of the ethanol production industry 
                        using the Herfindahl-Hirschman Index to 
                        determine whether there is sufficient 
                        competition among industry participants to 
                        avoid price-setting and other anticompetitive 
                        behavior.
                          (ii) Scoring.--For the purpose of scoring 
                        under clause (i) using the Herfindahl-Hirschman 
                        Index, all marketing arrangements among 
                        industry participants shall be considered.
                  (B) Report.--The Federal Trade Commission shall 
                annually submit to Congress and the Administrator a 
                report on the results of the market concentration 
                analysis performed under subparagraph (A)(i).
          (10) Periodic reviews.--To allow for the appropriate 
        adjustment of the requirements described in subparagraph (B) of 
        paragraph (2), the Administrator shall conduct periodic reviews 
        of--
                  (A) existing technologies;
                  (B) the feasibility of achieving compliance with the 
                requirements; and
                  (C) the impacts of the requirements described in 
                subsection (a)(2) on each individual and entity 
                described in paragraph (2).
          (11) Effect on other provisions.--
                  (A) In general.--Nothing in this subsection 
                (including regulations under this subsection) shall 
                affect or be construed to--
                          (i) affect the regulatory status of carbon 
                        dioxide or any other greenhouse gas; or
                          (ii) expand or limit regulatory authority 
                        regarding carbon dioxide or any other 
                        greenhouse gas for purposes of other provisions 
                        of this chapter.
                  (B) No effect on implementation or enforcement.--
                Subparagraph (A) shall not affect implementation and 
                enforcement of this subsection.
          (12) Environmental and resource conservation impacts.--
                  (A) In general.--Every 3 years the Administrator, in 
                consultation with the Secretary of Agriculture and the 
                Secretary of Energy, shall assess and submit to 
                Congress a report on the impacts to date and likely 
                future impacts of the requirements of this subsection 
                on--
                          (i) environmental issues, including air 
                        quality, effects on hypoxia, pesticides, 
                        sediment, nutrient and pathogen levels in 
                        bodies of water, acreage and function of bodies 
                        of water, and soil environmental quality;
                          (ii) resource conservation issues, including 
                        soil conservation, water availability, and 
                        ecosystem health and biodiversity, including 
                        impacts on forests, grassland, and wetland; and
                          (iii) the growth and use of cultivated 
                        invasive or noxious plants and their impacts on 
                        the environment and agriculture.
                  (B) Views of others.--Before preparing a report under 
                subparagraph (A), the Administrator may seek the views 
                of the National Academy of Sciences or another 
                appropriate independent research institute.
                  (C) Contents.--A report under subparagraph (A) 
                shall--
                          (i) disclose the annual volume of imported 
                        renewable fuels and feedstocks for renewable 
                        fuels;
                          (ii) describe the environmental impacts 
                        outside the United States of producing 
                        renewable fuels and feedstocks for renewable 
                        fuels; and
                          (iii) include recommendations for actions to 
                        address any adverse impacts found.
  (p) Analyses of Motor Vehicle Fuel Changes and Emissions Model.--
          (1) Antibacksliding analysis.--
                  (A) Draft analysis.--Not later than 4 years after 
                August 8, 2005, the Administrator shall publish for 
                public comment a draft analysis of the changes in 
                emissions of air pollutants and air quality due to the 
                use of motor vehicle fuel and fuel additives resulting 
                from implementation of the amendments made by the 
                Energy Policy Act of 2005 (119 Stat. 594).
                  (B) Final analysis.--After providing a reasonable 
                opportunity for comment but not later than 5 years 
                after August 8, 2005, the Administrator shall publish 
                the analysis in final form.
          (2) Emissions model.--For the purposes of this section, not 
        later than 4 years after August 8, 2005, the Administrator 
        shall develop and finalize an emissions model that reflects, to 
        the maximum extent practicable, the effects of gasoline 
        characteristics or components on emissions from vehicles in the 
        motor vehicle fleet during calendar year 2007.
  (q) Conversion Assistance for Cellulosic Biomass, Waste-Derived 
Ethanol, and Approved Renewable Fuels.--
          (1) Definitions.--In this subsection:
                  (A) Approved renewable fuel.--The term ``approved 
                renewable fuel'' means a fuel or component of fuel that 
                has been approved by the Secretary of Energy and is 
                made from renewable biomass.
                  (B) Old growth timber.--The term ``old-growth 
                timber'' means timber of a forest from the late 
                successional stage of forest development.
                  (C) Renewable biomass.--The term ``renewable 
                biomass'' means any organic matter that is available on 
                a renewable or recurring basis (excluding old-growth 
                timber), including dedicated energy crops and trees, 
                agricultural food and feed crop residues, aquatic 
                plants, animal wastes, wood and wood residues, paper 
                and paper residues, and other vegetative waste 
                materials.
          (2) In general.--The Secretary of Energy may provide grants 
        to merchant producers of cellulosic biomass ethanol, waste-
        derived ethanol, and approved renewable fuels in the United 
        States to assist the producers in building eligible production 
        facilities described in paragraph (3) for the production of 
        ethanol or approved renewable fuels.
          (3) Eligible production facilities.--A production facility 
        shall be eligible to receive a grant under this subsection if 
        the production facility--
                  (A) is located in the United States; and
                  (B) uses cellulosic or renewable biomass or waste-
                derived feedstocks derived from agricultural residues, 
                wood residues, municipal solid waste, or agricultural 
                byproducts.
          (4) Authorization of appropriations.--There are authorized to 
        be appropriated to carry out this subsection--
                  (A) $100,000,000 for fiscal year 2006;
                  (B) $250,000,000 for fiscal year 2007; and
                  (C) $400,000,000 for fiscal year 2008.
  (r) Blending of Compliant Reformulated Gasolines.--
          (1) In general.--Notwithstanding subsections (h) and (k) and 
        subject to the limitations in paragraph (2), it shall not be a 
        violation of this chapter for a gasoline retailer, during any 
        month of the year, to blend at a retail location batches of 
        ethanol-blended and non-ethanol-blended reformulated gasoline 
        if--
                  (A) each batch of gasoline to be blended has been 
                individually certified as in compliance with 
                subsections (h) and (k) prior to being blended;
                  (B) the retailer notifies the Administrator prior to 
                the blending, and identifies the exact location of the 
                retail station and the specific tank in which the 
                blending will take place;
                  (C) the retailer retains and, as requested by the 
                Administrator or the Administrator's designee, makes 
                available for inspection the certifications accounting 
                for all gasoline at the retail outlet; and
                  (D) the retailer does not, between June 1 and 
                September 15 of any year, blend a batch of volatile 
                organic compound-controlled gasoline (summer gasoline) 
                with a batch of non-volatile organic compound-
                controlled gasoline (winter gasoline) (as those terms 
                are defined under subsections (h) and (k)).
          (2) Limitations.--
                  (A) Frequency limitation.--A retailer shall be 
                permitted to blend batches of compliant reformulated 
                gasoline under this subsection during a maximum of 2 
                blending periods between May 1 and September 15 of any 
                year.
                  (B) Duration of blending period.--Each blending 
                period authorized under subparagraph (A) shall extend 
                for a period of not more than 10 consecutive calendar 
                days.
          (3) Surveys.--A sample of gasoline taken from a retail 
        location that has blended gasoline within the past 30 days and 
        is in compliance with subparagraphs (A), (B), (C), and (D) of 
        paragraph (1) shall not be used in a volatile organic compound 
        survey mandated by part 80 of title 40, Code of Federal 
        Regulations.
          (4) State implementation plans.--A State shall be held 
        harmless and shall not be required to revise its State 
        implementation plan under section 211110 of this title to 
        account for the emissions from blended gasoline authorized 
        under paragraph (1).
          (5) Preservation of state law.--Nothing in this subsection 
        shall--
                  (A) preempt existing State laws (including 
                regulations) regulating the blending of compliant 
                gasolines; or
                  (B) preclude a State from adopting such restrictions 
                in the future.
          (6) Regulations.--The Administrator shall promulgate, after 
        notice and comment, regulations implementing this subsection.
          (7) Applicability.--This subsection shall apply to blended 
        batches of reformulated gasoline regardless of whether the 
        implementing regulations required by paragraph (6) have been 
        promulgated by the Administrator.
          (8) Liability.--No person other than the person responsible 
        for blending under this subsection shall be subject to an 
        enforcement action or penalties under subsection (s) solely 
        arising from the blending of compliant reformulated gasolines 
        by the retailers.
          (9) Formulation of gasoline.--This subsection does not grant 
        authority to the Administrator or any State (or any subdivision 
        thereof) to require reformulation of gasoline at the refinery 
        to adjust for potential or actual emissions increases due to 
        the blending authorized by this subsection.
  (s) Standard Specifications for Biodiesel.--
          (1) Definition of biodiesel.--In this subsection, the term 
        ``biodiesel'' has the meaning given the term in section 312(f) 
        of Energy Policy Act of 1992 (42 U.S.C. 13220(f)).
          (2) Annual inspection and enforcement program.--
                  (A) In general.--The Administrator shall establish an 
                annual inspection and enforcement program to ensure 
                that diesel fuel containing biodiesel sold or 
                distributed in commerce meets the standards established 
                under regulations under this section, including testing 
                and certification for compliance with applicable 
                standards of the American Society for Testing and 
                Materials.
                  (B) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out the 
                inspection and enforcement program under this paragraph 
                $3,000,000 for each of fiscal years 2008 to 2010.
  (t) Prevention of Air Quality Deterioration.--
          (1) Study.--
                  (A) In general.--The Administrator shall complete a 
                study to determine whether the renewable fuel volumes 
                required by this section will adversely affect air 
                quality as a result of changes in motor vehicle and 
                motor vehicle engine emissions of air pollutants 
                regulated under this division.
                  (B) Considerations.--The study shall include 
                consideration of--
                          (i) various blend levels, types of renewable 
                        fuels, and available vehicle technologies; and
                          (ii) appropriate national, regional, and 
                        local air quality control measures.
          (2) Regulations.--Not later than 3 years after December 18, 
        2007, the Administrator shall--
                  (A) promulgate regulations to implement appropriate 
                measures to mitigate, to the greatest extent 
                achievable, considering the results of the study under 
                paragraph (1), any adverse impacts on air quality as 
                the result of the renewable volumes required by this 
                section; or
                  (B) make a determination that no such measures are 
                necessary.
  (u) Penalties and Injunctions.--
          (1) Civil penalties.--Any person that violates subsection 
        (b), (f), (g), (k), (l), (m), or (n) or the regulations 
        prescribed under subsection (d), (h), (i), (k), (l), (m), (n), 
        or (o) or that fails to furnish any information or conduct any 
        tests required by the Administrator under subsection (c) shall 
        be liable to the United States for a civil penalty of not more 
        than $25,000 for each day of the violation or failure and the 
        amount of economic benefit or savings resulting from the 
        violation or failure. Any violation with respect to a 
        regulation prescribed under subsection (d), (k), (l), (m), or 
        (o) that establishes a regulatory standard based on a multiday 
        averaging period shall constitute a separate day of violation 
        for each day in the averaging period. Civil penalties shall be 
        assessed in accordance with subsections (b) and (c) of section 
        221105 of this title.
          (2) Injunctive authority.--
                  (A) Jurisdiction.--The district courts of the United 
                States shall have jurisdiction to restrain violations 
                of subsection (b), (f), (g), (k), (l), (m), (n) or (o) 
                and of regulations prescribed under subsections (d), 
                (h), (i), (k), (l), (m), (n), or (o), to award other 
                appropriate relief, and to compel the furnishing of 
                information and the conduct of tests required by the 
                Administrator under subsection (c).
                  (B) Actions brought by and in name of united 
                states.--An action to restrain a violation or compel 
                action described in subparagraph (A) shall be brought 
                by and in the name of the United States.
                  (C) Subpoenas.--In any such action, a subpoena for a 
                witnesses who is required to attend a district court in 
                any judicial district may run into any other judicial 
                district.
Sec. 221112. Renewable fuel
  (a) Definitions.--In this section:
          (1) Municipal solid waste.--The term ``municipal solid 
        waste'' has the meaning given the term ``solid waste'' in 
        section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).
          (2) RFG state.--The term ``RFG State'' means a State in which 
        is located 1 or more covered areas (as defined in section 
        221111(k)(1) of this title).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.
  (b) Cellulosic Biomass Ethanol and Municipal Solid Waste Loan 
Guarantee Program.--
          (1) In general.--Funds may be provided for the cost (as 
        defined in the Federal Credit Reform Act of 1990 (2 U.S.C. 661 
        et seq.)) of loan guarantees issued under section 1516 of the 
        Energy Policy Act of 2005 (42 U.S.C. 16503) to carry out 
        commercial demonstration projects for cellulosic biomass and 
        sucrose-derived ethanol.
          (2) Demonstration projects.--
                  (A) In general.--The Secretary shall issue loan 
                guarantees under this section to carry out not more 
                than 4 projects to commercially demonstrate the 
                feasibility and viability of producing cellulosic 
                biomass ethanol or sucrose-derived ethanol, including 
                at least 1 project that uses cereal straw as a 
                feedstock and 1 project that uses municipal solid waste 
                as a feedstock.
                  (B) Design capacity.--Each project shall have a 
                design capacity to produce at least 30,000,000 gallons 
                of cellulosic biomass ethanol each year.
          (3) Applicant assurances.--An applicant for a loan guarantee 
        under this section shall provide assurances, satisfactory to 
        the Secretary, that--
                  (A) the project design has been validated through the 
                operation of a continuous process facility with a 
                cumulative output of at least 50,000 gallons of 
                ethanol;
                  (B) the project has been subject to a full technical 
                review;
                  (C) the project is covered by adequate project 
                performance guarantees;
                  (D) the project, with the loan guarantee, is 
                economically viable; and
                  (E) there is a reasonable assurance of repayment of 
                the guaranteed loan.
          (4) Limitations.--
                  (A) Maximum guarantee.--Except as provided in 
                subparagraph (B), a loan guarantee under this section 
                may be issued for up to 80 percent of the estimated 
                cost of a project, but may not exceed $250,000,000 for 
                a project.
                  (B) Additional guarantees.--
                          (i) In general.--The Secretary may issue 
                        additional loan guarantees for a project to 
                        cover up to 80 percent of the excess of actual 
                        project cost over estimated project cost but 
                        not to exceed 15 percent of the amount of the 
                        original guarantee.
                          (ii) Principal and interest.--Subject to 
                        subparagraph (A), the Secretary shall guarantee 
                        100 percent of the principal and interest of a 
                        loan made under subparagraph (A).
          (5) Equity contributions.--To be eligible for a loan 
        guarantee under this section, an applicant for the loan 
        guarantee shall have binding commitments from equity investors 
        to provide an initial equity contribution of at least 20 
        percent of the total project cost.
          (6) Insufficient amounts.--If the amount made available to 
        carry out this section is insufficient to allow the Secretary 
        to make loan guarantees for 3 projects described in this 
        subsection, the Secretary shall issue loan guarantees for 1 or 
        more qualifying projects under this section in the order in 
        which the applications for the projects are received by the 
        Secretary.
          (7) Approval.--An application for a loan guarantee under this 
        section shall be approved or disapproved by the Secretary not 
        later than 90 days after the application is received by the 
        Secretary.
  (c) Renewable Fuel Production Research and Development Grants.--
          (1) In general.--The Administrator shall provide grants for 
        the research into, and development and implementation of, 
        renewable fuel production technologies in RFG States with low 
        rates of ethanol production, including low rates of production 
        of cellulosic biomass ethanol.
          (2) Eligibility.--
                  (A) In general.--The entities eligible to receive a 
                grant under this subsection are academic institutions 
                in RFG States, and consortia made up of combinations of 
                academic institutions, industry, State government 
                agencies, or local government agencies in RFG States, 
                that have proven experience and capabilities with 
                relevant technologies.
                  (B) Application.--To be eligible to receive a grant 
                under this subsection, an eligible entity shall submit 
                to the Administrator an application in such manner and 
                form, and accompanied by such information, as the 
                Administrator may specify.
          (3) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this subsection $25,000,000 for 
        each of fiscal years 2006 to 2010.
Sec. 221113. Nonroad engines and nonroad vehicles
  (a) Emission Standards.--
          (1) Study.--The Administrator shall conduct a study of 
        emissions from nonroad engines and nonroad vehicles (other than 
        locomotives or engines used in locomotives) to determine if 
        such emissions cause, or significantly contribute to, air 
        pollution that may reasonably be anticipated to endanger public 
        health or welfare.
          (2) Determination.--After notice and opportunity for public 
        hearing, the Administrator shall determine within 12 months 
        after completion of the study under paragraph (1), based on the 
        results of the study, whether emissions of carbon monoxide, 
        nitrogen oxides, and volatile organic compounds from new and 
        existing nonroad engines or nonroad vehicles (other than 
        locomotives or engines used in locomotives) are significant 
        contributors to ozone or carbon monoxide concentrations in more 
        than 1 area that has failed to attain the NAAQSes for ozone or 
        carbon monoxide. That determination shall be included in the 
        regulations under paragraph (3).
          (3) Regulations.--
                  (A) In general.--If the Administrator makes an 
                affirmative determination under paragraph (2), the 
                Administrator shall, within 12 months after completion 
                of the study under paragraph (1), promulgate (and from 
                time to time revise) regulations containing standards 
                applicable to emissions from the classes or categories 
                of new nonroad engines and new nonroad vehicles (other 
                than locomotives or engines used in locomotives) that 
                in the Administrator's judgment, cause or contribute to 
                air pollution that may reasonably be anticipated to 
                endanger public health or welfare.
                  (B) Greatest degree of emission reduction 
                achievable.--The standards shall achieve the greatest 
                degree of emission reduction achievable through the 
                application of technology that the Administrator 
                determines will be available for the engines or 
                vehicles to which the standards apply, giving 
                appropriate consideration to--
                          (i) the cost of applying the technology 
                        within the period of time available to 
                        manufacturers; and
                          (ii) noise, energy, and safety factors 
                        associated with the application of the 
                        technology.
                  (C) Considerations.--Before determining what degree 
                of reduction will be available, the Administrator shall 
                consider standards equivalent in stringency to 
                standards for comparable motor vehicles or engines (if 
                any) regulated under section 221102 of this title, 
                taking into account the technological feasibility, 
                costs, safety, noise, and energy factors associated 
                with achieving, as appropriate, standards of such 
                stringency and lead time.
                  (D) Useful life.--The regulations shall apply to the 
                useful life of the engines or vehicles (as determined 
                by the Administrator).
          (4) Other air pollutants.--
                  (A) In general.--If the Administrator determines that 
                any emissions not described in paragraph (2) from new 
                nonroad engines or vehicles significantly contribute to 
                air pollution that may reasonably be anticipated to 
                endanger public health or welfare, the Administrator 
                may promulgate such regulations as the Administrator 
                considers appropriate containing standards applicable 
                to emissions from the classes or categories of new 
                nonroad engines and new nonroad vehicles (other than 
                locomotives or engines used in locomotives) that, in 
                the Administrator's judgment, cause or contribute to 
                air pollution that may reasonably be anticipated to 
                endanger public health or welfare, taking into account 
                costs, noise, safety, and energy factors associated 
                with the application of technology that the 
                Administrator determines will be available for the 
                engines and vehicles to which the standards apply.
                  (B) Useful life.--The regulations shall apply to the 
                useful life of the engines or vehicles (as determined 
                by the Administrator).
          (5) New locomotives and new engines used in locomotives.--
                  (A) In general.--The Administrator shall promulgate 
                regulations containing standards applicable to 
                emissions from new locomotives and new engines used in 
                locomotives.
                  (B) Greatest degree of emission reduction 
                achievable.--The standards shall achieve the greatest 
                degree of emission reduction achievable through the 
                application of technology that the Administrator 
                determines will be available for the locomotives or 
                engines to which the standards apply, giving 
                appropriate consideration to--
                          (i) the cost of applying the technology 
                        within the period of time available to 
                        manufacturers; and
                          (ii) noise, energy, and safety factors 
                        associated with the application of the 
                        technology.
  (b) Effective Date.--Standards under this section shall take effect 
at the earliest possible date considering the lead time necessary to 
permit the development and application of the requisite technology, 
giving appropriate consideration to the cost of compliance within that 
period and energy and safety.
  (c) Safe Controls.--
          (1) In general.--Effective with respect to new engines or 
        vehicles to which standards under this section apply, no 
        emission control device, system, or element of design shall be 
        used in a new nonroad engine or new nonroad vehicle described 
        in this section for purposes of complying with the standards if 
        the device, system, or element of design will cause or 
        contribute to an unreasonable risk to public health, welfare, 
        or safety in its operation or function.
          (2) Considerations.--In determining whether an unreasonable 
        risk exists, the Administrator shall consider factors including 
        those described in section 221102(a)(4)(B) of this title.
  (d) Stationary Internal Combustion Engines.--Nothing in this 
subdivision relating to nonroad engines shall be construed to apply to 
stationary internal combustion engines.
  (e) Enforcement.--The standards under this section--
          (1) shall be subject to sections 221106, 221107, 221108, and 
        221109 of this title with such modifications of the applicable 
        regulations implementing those sections as the Administrator 
        considers appropriate; and
          (2) shall be enforced in the same manner as standards 
        prescribed under section 221102 of this title.
  (f) Revision or Promulgation of Regulations.--The Administrator shall 
revise or promulgate regulations as may be necessary to determine 
compliance with, and enforce, standards in effect under this section.
Sec. 221114. High altitude performance adjustments
  (a) Instruction of the Manufacturer.--
          (1) Treatment as not in violation.--Any action taken with 
        respect to any element of design installed on or in a motor 
        vehicle or motor vehicle engine in compliance with regulations 
        under this subdivision (including any alteration or adjustment 
        of such an element) shall be treated as not in violation of 
        section 221103(a) of this title if the action is performed in 
        accordance with high altitude adjustment instructions provided 
        by the manufacturer under subsection (b) and approved by the 
        Administrator.
          (2) Disapproval of instructions.--If the Administrator finds 
        that adjustments or modifications made pursuant to instructions 
        of the manufacturer under paragraph (1) will not ensure 
        emission control performance with respect to each standard 
        under section 221102 of this title at least equivalent to that 
        which would result if no such adjustments or modifications were 
        made, the Administrator shall disapprove the instructions. Such 
        a finding shall be based on minimum engineering evaluations 
        consistent with good engineering practice.
  (b) Regulations.--
          (1) Submission of instructions to the administrator.--
        Instructions respecting each class or category of vehicles or 
        engines to which this subdivision applies providing for such 
        vehicle and engine adjustments and modifications as may be 
        necessary to ensure emission control performance at different 
        altitudes shall be submitted by the manufacturer to the 
        Administrator pursuant to regulations promulgated by the 
        Administrator.
          (2) Violation.--Any knowing violation by a manufacturer of 
        requirements of the Administrator under paragraph (1) shall be 
        treated as a violation by the manufacturer of section 
        221103(a)(1)(C) of this title for purposes of the penalties 
        under section 221105 of this title.
          (3) Adjustments.--The instructions shall provide, in addition 
        to other adjustments, for adjustments for vehicles moving from 
        high altitude areas to low altitude areas after the initial 
        registration of the vehicles.
  (c) Manufacturer Parts.--No instructions under this section 
respecting adjustments or modifications may require the use of any 
manufacturer parts (as defined in section 221103(a)(2) of this title) 
unless the manufacturer demonstrates to the satisfaction of the 
Administrator that the use of manufacturer parts is necessary to ensure 
emission control performance.
  (d) State Inspection and Maintenance Programs.--The authority 
provided by this section shall be available in any high altitude State 
(as determined under regulations of the Administrator promulgated 
before August 7, 1977) in which an inspection and maintenance program 
for the testing of motor vehicle emissions has been instituted for the 
portions of the State where any NAAQS for auto-related pollutants has 
not been attained.
  (e) High Altitude Testing.--
          (1) Definition of high altitude conditions.--In this 
        subsection, the term ``high altitude conditions'' has the 
        meaning given the term ``high altitude'' in regulations of the 
        Administrator in effect as of November 15, 1990.
          (2) Testing center.--The Administrator shall establish at 
        least 1 testing center (in addition to the testing centers 
        existing on November 15, 1990) located at a site that 
        represents high altitude conditions, to ascertain in a 
        reasonable manner whether, when in actual use throughout their 
        useful life (as determined under section 221102(a)(1)(C) of 
        this title), each class or category of vehicle and engines to 
        which regulations under section 221102 of this title apply 
        conforms to the emission standards established by those 
        regulations.
          (3) Research and technology assessment center.--
                  (A) In general.--The Administrator, in cooperation 
                with the Secretary of Energy, the Administrator of the 
                Federal Transit Administration, and such other agencies 
                as the Administrator considers appropriate, shall 
                establish a research and technology assessment center 
                to provide for the development and evaluation of less-
                polluting heavy-duty engines and fuels for use in 
                buses, heavy-duty trucks, nonroad engines, and nonroad 
                vehicles
                  (B) Location.--The research and technology assessment 
                center shall be located at a high altitude site that 
                represents high altitude conditions.
                  (C) Preference.--In establishing and funding the 
                research and technology assessment center, the 
                Administrator shall give preference to proposals that 
                provide for local cost-sharing of facilities and 
                recovery of costs of operation through utilization of 
                the center for the purposes of this section.
          (4) Research subjects.--
                  (A) Designation.--The Administrator shall designate 
                at least 1 center at high altitude conditions to 
                provide research on--
                          (i) after-market emission components;
                          (ii) dual-fueled vehicles and conversion 
                        kits;
                          (iii) the effects of tampering on emissions 
                        equipment;
                          (iv) testing of alternate fuels and 
                        conversion kits; and
                          (v) the development of curricula, training 
                        courses, and materials to maximize the 
                        effectiveness of inspection and maintenance 
                        programs as they relate to promoting effective 
                        control of vehicle emissions at high altitude 
                        elevations.
                  (B) Preference.--Preference shall be given to 
                existing vehicle emission testing and research centers 
                that--
                          (i) have established reputations for vehicle 
                        emission research and development and training; 
                        and
                          (ii) possess in-house Federal test procedure 
                        capacity.
Sec. 221115. Motor vehicle compliance program fees
  (a) Fee Collection.--Consistent with section 9701 of title 31, the 
Administrator may promulgate (and from time to time revise) regulations 
establishing fees to recover all reasonable costs to the Administrator 
associated with--
          (1) new vehicle or engine certification under section 
        221106(a) of this title or chapter 225;
          (2) new vehicle or engine compliance monitoring and testing 
        under section 221106(b) of this title or chapter 225; and
          (3) in-use vehicle or engine compliance monitoring and 
        testing under section 221107(d) of this title or chapter 225.
  (b) Fee Schedule.--The Administrator may establish for all foreign 
and domestic manufacturers a fee schedule based on such factors as the 
Administrator finds appropriate, equitable, and nondiscriminatory, 
including the number of vehicles or engines produced under a 
certificate of conformity. In the case of heavy-duty engine and vehicle 
manufacturers, the fees shall not exceed a reasonable amount to recover 
an appropriate portion of the reasonable costs.
  (c) Special Treasury Fund.--Any fees collected under this section 
shall be deposited in the Treasury in a special fund for licensing and 
other services which thereafter shall be available for appropriation, 
to remain available until expended, to carry out EPA's activities for 
which the fees were collected.
  (d) Limitation on Fund Use.--Amounts in the special fund described in 
subsection (c) shall not be used until after the 1st fiscal year 
commencing after the 1st July 1 when fees are paid into the fund.
  (e) Testing Authority.--Nothing in this section shall be construed to 
limit the Administrator's authority to require manufacturer or 
confirmatory testing as provided in this chapter.
Sec. 221116. Prohibition of production of engines requiring leaded 
                    gasoline
  The Administrator shall promulgate regulations applicable to motor 
vehicle engines and nonroad engines manufactured after model year 1992 
that prohibit the manufacture, sale, or introduction into commerce of 
any engine that requires leaded gasoline.
Sec. 221117. Urban bus standards
  (a) Definitions.--In this section:
          (1) Low-polluting fuel.--
                  (A) In general.--The term ``low-polluting fuel'' 
                means methanol, ethanol, propane, or natural gas, or 
                any comparably low-polluting fuel.
                  (B) Determination.--In determining whether a fuel is 
                comparably low-polluting, the Administrator shall 
                consider--
                          (i) the level of emissions of air pollutants 
                        from vehicles using the fuel; and
                          (ii) the contribution of such emissions to 
                        ambient levels of air pollutants.
          (2) Methanol.--The term ``methanol'' includes any fuel that 
        contains at least 85 percent methanol unless the Administrator 
        increases that percentage as the Administrator considers 
        appropriate to protect public health and welfare.
          (3) Urban bus.--The term ``urban bus'' has the meaning given 
        the term under regulations of the Administrator promulgated 
        under section 221102(a) of this title.
  (b) Standards.--The Administrator shall promulgate regulations under 
section 221102(a) of this title applicable to urban buses. The 
standards shall be based on the best technology that can reasonably be 
anticipated to be available at the time at which the measures are to be 
implemented, taking costs, safety, energy, lead time, and other 
relevant factors into account. The regulations shall require that urban 
buses comply with subsection (c) (and subsection (d), if applicable) 
and the standards applicable under section 221102(a) of this title for 
heavy-duty vehicles of the same type and model year.
  (c) PM Standard.--
          (1) 50 percent reduction.--The standards under section 
        221102(a) of this title applicable to urban buses shall require 
        that emissions of particulate matter from urban buses shall not 
        exceed 50 percent of the emissions of particulate matter 
        allowed under the emission standard applicable under section 
        202(a) of the Clean Air Act (42 U.S.C. 7521(a)) as of November 
        15, 1990, for particulate matter in the case of heavy-duty 
        diesel vehicles and engines manufactured in model year 1994.
          (2) Revised reduction.--The Administrator shall increase the 
        level of emissions of particulate matter allowed under the 
        standard described in paragraph (1) if the Administrator 
        determines that the 50 percent reduction described in paragraph 
        (1) is not technologically achievable, taking into account 
        durability, costs, lead time, safety, and other relevant 
        factors. The Administrator may not increase the level of 
        emissions above 70 percent of the emissions of particulate 
        matter allowed under the emission standard applicable under 
        section 202(a) of the Clean Air Act (42 U.S.C. 7521(a)) as of 
        November 15, 1990, for particulate matter in the case of heavy-
        duty diesel vehicles and engines manufactured in model year 
        1994.
          (3) Determination as part of rulemaking.--As part of the 
        rulemaking under subsection (b), the Administrator shall make a 
        determination whether the 50 percent reduction described in 
        paragraph (1) is technologically achievable, taking into 
        account durability, costs, lead time, safety, and other 
        relevant factors.
  (d) Low-Polluting Fuel Requirement.--
          (1) Annual testing.--The Administrator shall conduct annual 
        tests of a representative sample of operating urban buses 
        subject to the particulate matter standard applicable pursuant 
        to subsection (c) to determine whether urban buses comply with 
        the standard in use over their full useful life.
          (2) Promulgation of additional low-polluting fuel 
        requirement.--
                  (A) In general.--If the Administrator determines, 
                based on the testing under paragraph (1), that urban 
                buses subject to the particulate matter standard 
                applicable pursuant to subsection (c) do not comply 
                with the standard in use over their full useful life, 
                the Administrator shall revise the standards applicable 
                to urban buses to require (in addition to compliance 
                with the particulate matter standard applicable 
                pursuant to subsection (c)) that all new urban buses 
                purchased or placed into service by owners or operators 
                of urban buses in all metropolitan statistical areas or 
                consolidated metropolitan statistical areas with a 1980 
                population of 750,000 or more shall be capable of 
                operating, and shall be exclusively operated, on low-
                polluting fuels. The Administrator shall establish the 
                pass-fail rate for purposes of testing under this 
                subparagraph.
                  (B) Phase-in schedule.--The Administrator shall 
                promulgate a schedule phasing in any low-polluting fuel 
                requirement established pursuant to this paragraph to 
                an increasing percentage of new urban buses purchased 
                or placed into service in each of the 1st 5 model years 
                commencing 3 years after the determination under 
                subparagraph (A). Under the schedule 100 percent of new 
                urban buses placed into service in the 5th model year 
                commencing 3 years after the determination under 
                subparagraph (A) shall comply with the low-polluting 
                fuel requirement established pursuant to this 
                paragraph.
                  (C) Areas with a 1980 population of less than 
                750,000.--The Administrator may extend the requirements 
                of this paragraph to metropolitan statistical areas or 
                consolidated metropolitan statistical areas with a 1980 
                population of less than 750,000 if the Administrator 
                determines that a significant benefit to public health 
                could be expected to result from such an extension.
  (e) Retrofit Requirements.--
          (1) In general.--The Administrator shall promulgate 
        regulations under section 221102(a) of this title requiring 
        that buses described in paragraph (2) comply with an emission 
        standard or emission control technology requirement established 
        by the Administrator in the regulations.
          (2) Buses.--Buses referred to in paragraph (1) are urban 
        buses that--
                  (A) are operating in areas described in subparagraph 
                (A) of subsection (d)(2) (or subparagraph (C) of 
                subsection (d)(2) if the Administrator has taken action 
                under that subparagraph);
                  (B) were not subject to standards in effect under the 
                regulations under subsection (b); and
                  (C) have their engines replaced or rebuilt after 
                January 1, 1995;
          (3) Best technology and practices.--The emission standard or 
        emission control technology requirement shall reflect the best 
        retrofit technology and maintenance practices reasonably 
        achievable.
  (f) Procedures for Administration and Enforcement.--The Administrator 
shall establish, in accordance with section 221106(h) of this title, 
procedures for the administration and enforcement of standards for 
urban buses subject to standards under this section, testing 
procedures, sampling protocols, in-use compliance requirements, and 
criteria governing evaluation of buses. Procedures for testing 
(including certification testing) shall reflect actual operating 
conditions.

                Chapter 223--Aircraft Emission Standards

Sec.
223101. Definitions.
223102. Establishment of standards.
223103. Enforcement of standards.
223104. State standards and controls.
Sec. 223101. Definitions
  Terms used in this chapter (other than the term Administrator) have 
the meanings given the terms in section 40102(a) of title 49.
Sec. 223102. Establishment of standards
  (a) Study; Proposed Standards; Hearings; Issuance of Regulations.--
The Administrator shall conduct a study and investigation of emissions 
of air pollutants from aircraft to determine--
          (1) the extent to which such emissions affect air quality in 
        air quality control regions throughout the United States; and
          (2) the technological feasibility of controlling such 
        emissions.
  (b) Emission Standards.--The Administrator shall from time to time 
issue proposed emission standards applicable to the emission of any air 
pollutant from any class of aircraft engines that, in the 
Administrator's judgment, causes or contributes to air pollution that 
may reasonably be anticipated to endanger public health or welfare.
  (c) Consultation.--The Administrator shall consult with the 
Administrator of the Federal Aviation Administration on aircraft engine 
emission standards.
  (d) Limitation.--The Administrator shall not change the aircraft 
engine emission standards if the change would significantly increase 
noise and adversely affect safety.
  (e) Hearings.--The Administrator shall hold public hearings with 
respect to standards proposed under subsection (b). The hearings shall, 
to the extent practicable, be held in air quality control regions that 
are most seriously affected by aircraft emissions.
  (f) Final Regulations.--Within 90 days after the issuance of 
standards proposed under subsection (b), the Administrator shall issue 
regulations with such modifications as the Administrator considers 
appropriate. The regulations may be revised from time to time.
  (g) Effective Date of Regulations.--Any regulation prescribed under 
this section (and any revision thereof) shall take effect after such 
period as the Administrator finds necessary (after consultation with 
the Secretary of Transportation) to permit the development and 
application of the requisite technology, giving appropriate 
consideration to the cost of compliance within that period.
  (h) Regulations That Create Hazards to Aircraft Safety.--  Any 
regulation in effect under this section with respect to aircraft shall 
not apply if disapproved by the President, after notice and opportunity 
for public hearing, on the basis of a finding by the Secretary of 
Transportation that the regulation would create a hazard to aircraft 
safety. Any such finding shall include a reasonably specific statement 
of the basis on which the finding is made.
Sec. 223103. Enforcement of standards
  (a) Regulations To Ensure Compliance With Standards.--The Secretary 
of Transportation, after consultation with the Administrator, shall 
prescribe regulations to ensure compliance with all standards 
prescribed under section 223102 of this title by the Administrator. The 
regulations of the Secretary of Transportation shall include provisions 
making those standards applicable in the issuance, amendment, 
modification, suspension, or revocation of any certificate authorized 
by chapter 447 of title 49.
  (b) Execution of Powers and Duties.--In the execution of all powers 
and duties vested in the Secretary under this section, the Secretary of 
Transportation--
          (1) shall ensure that all necessary inspections are 
        accomplished; and
          (2) may execute any power or duty vested in the Secretary by 
        any other provision of law.
  (c) Notice and Appeal Rights.--In any action to amend, modify, 
suspend, or revoke a certificate in which violation of an emission 
standard prescribed under section 223102 of this title or of a 
regulation prescribed under subsection (a) is at issue, the certificate 
holder shall have the same notice and appeal rights as are prescribed 
for such holders in chapter 461 of title 49, except that in any appeal 
to the National Transportation Safety Board, the Board may amend, 
modify, or revoke the order of the Secretary of Transportation only if 
the Board finds no violation of the standard or regulation and that the 
amendment, modification, or revocation is consistent with safety in air 
transportation.
Sec. 223104. State standards and controls
  No State or political subdivision thereof may adopt or attempt to 
enforce any standard respecting emissions of any air pollutant from any 
aircraft or engine thereof unless the standard is identical to a 
standard applicable to such aircraft under this chapter.

                    Chapter 225--Clean Fuel Vehicles

Sec.
225101. Definitions.
225102. Requirements applicable to clean-fuel vehicles.
225103. Standards for light-duty clean-fuel vehicles.
225104. Administration and enforcement as per California standards.
225105. Standards for heavy-duty clean-fuel vehicles of more than 8,500 
          up to 26,000 pounds gross vehicle weight rating.
225106. Centrally fueled fleets.
225107. Vehicle conversions.
225108. Federal agency fleets.
225109. California pilot test program.
225110. General provisions.
Sec. 225101. Definitions
  (a) In General.--In this chapter:
          (1) Base gasoline.--The term ``base gasoline'' means gasoline 
        that meets the following specifications:


Specifications of Base Gasoline Used as Basis for
 Reactivity Readjustment:
  API gravity..........................................             57.8
  Sulfur, ppm..........................................              317
  Color................................................           Purple
  Benzene, vol. %......................................             1.35
  Reid vapor pressure..................................              8.7
  Drivability..........................................             1195
  Antiknock index......................................             87.3
Distillation, D-86 degrees F
  IBP..................................................               92
  10%..................................................              126
  50%..................................................              219
  90%..................................................              327
  EP...................................................              414
Hydrocarbon Type, Vol. % FIA:
  Aromatics............................................             30.9
  Olefins..............................................              8.2
  Saturates............................................             60.9
 

          (2) Clean alternative fuel.--
                  (A) In general.--The term ``clean alternative fuel'' 
                means any fuel (including methanol, ethanol, or other 
                alcohols (including any mixture thereof containing 85 
                percent or more by volume of such alcohol with gasoline 
                or other fuels), reformulated gasoline, diesel, natural 
                gas, liquefied petroleum gas, and hydrogen) or power 
                source (including electricity) used in a clean-fuel 
                vehicle that complies with the standards and 
                requirements applicable to the vehicle under this 
                subdivision when using that fuel or power source.
                  (B) Flexible fuel vehicles and dual fuel vehicles.--
                In the case of any flexible fuel vehicle or dual fuel 
                vehicle, the term ``clean alternative fuel'' means a 
                fuel with respect to which the vehicle was certified as 
                a clean-fuel vehicle meeting the standards applicable 
                to clean-fuel vehicles under section 225103(d)(2) of 
                this title when operating on clean alternative fuel (or 
                any California Air Resources Board standards that 
                replace those standards pursuant to section 225103(e) 
                of this title).
          (3) Clean-fuel vehicle.--The term ``clean-fuel vehicle'' 
        means a vehicle in a class or category of vehicles that has 
        been certified to meet for any model year the clean-fuel 
        vehicle standards applicable under this chapter for that model 
        year to clean-fuel vehicles in that class or category.
          (4) Covered fleet.--
                  (A) In general.--The term ``covered fleet'' means 10 
                or more motor vehicles that are owned or operated by a 
                single person.
                  (B) Determination.--In determining the number of 
                vehicles owned or operated by a single person for 
                purposes of this paragraph, all motor vehicles owned or 
                operated, leased or otherwise controlled by the person, 
                by any person that controls the person, by any person 
                controlled by the person, and by any person under 
                common control with the person shall be treated as 
                owned by the person.
                  (C) Exclusions.--The term ``covered fleet'' does not 
                include--
                          (i) motor vehicles held for lease or rental 
                        to the general public;
                          (ii) motor vehicles held for sale by motor 
                        vehicle dealers (including demonstration 
                        vehicles);
                          (iii) motor vehicles used for motor vehicle 
                        manufacturer product evaluations or tests;
                          (iv) law enforcement and other emergency 
                        vehicles; or
                          (v) nonroad vehicles (including farm and 
                        construction vehicles).
          (5) Covered fleet vehicle.--
                  (A) In general.--The term ``covered fleet vehicle'' 
                means a motor vehicle that is--
                          (i) in a vehicle class for which standards 
                        are applicable under this chapter; and
                          (ii) in a covered fleet that is centrally 
                        fueled (or capable of being centrally fueled).
                  (B) Capability of being centrally fueled.--No vehicle 
                that under normal operations is garaged at a personal 
                residence at night shall be considered to be a vehicle 
                that is capable of being centrally fueled within the 
                meaning of subparagraph (A)(ii).
          (6) Nonmethane organic gas.--
                  (A) In general.--The term ``nonmethane organic gas'' 
                means the sum of nonoxygenated and oxygenated 
                hydrocarbons contained in a gas sample.
                  (B) Inclusions.--The term ``nonmethane organic gas'' 
                includes, at a minimum--
                          (i) all oxygenated organic gases containing 5 
                        or fewer carbon atoms (including aldehydes, 
                        ketones, alcohols, ethers, and others); and
                          (ii) all alkanes, alkenes, alkynes, and 
                        aromatics containing 12 or fewer carbon atoms.
                  (C) Demonstration of compliance with nonmethane 
                organic gas standard.--To demonstrate compliance with a 
                standard, nonmethane organic gas emissions shall be 
                measured in accordance with the procedures entitled 
                ``California Non-Methane Organic Gas Test Procedures''.
                  (D) Adjustment.--In the case of vehicles using fuels 
                other than base gasoline, the level of nonmethane 
                organic gas emissions shall be adjusted based on the 
                reactivity of the emissions relative to vehicles using 
                base gasoline.
  (b) Terms Defined in Chapter 221.--The definitions applicable to 
chapter 221 under section 221101 of this title shall apply for purposes 
of this chapter.
  (c) Modification of Definitions and Methods for Making Reactivity 
Adjustments.--The Administrator shall modify the definitions of 
nonmethane organic gas and base gasoline and the methods for making 
reactivity adjustments to conform to the definitions and method used in 
California under the Low-Emission Vehicle and Clean Fuel Regulations of 
the California Air Resources Board, so long as the California 
definitions are, in the aggregate, at least as protective of public 
health and welfare as the definitions in this section.
Sec. 225102. Requirements applicable to clean-fuel vehicles
  (a) Promulgation of Standards.--The Administrator shall promulgate 
regulations under this chapter containing clean-fuel vehicle standards 
for the clean-fuel vehicles specified in this chapter.
  (b) Other Requirements.--
          (1) Clean-fuel vehicles of up to 8,500 pounds.--Clean-fuel 
        vehicles of up to 8,500 pounds gross vehicle weight rating 
        subject to standards set forth in this chapter shall comply 
        with all motor vehicle requirements of this subdivision (such 
        as requirements relating to onboard diagnostics, evaporative 
        emissions, and others) that are applicable to conventional 
        gasoline-fueled vehicles of the same category and model year, 
        except as provided in section 225104 of this title with respect 
        to administration and enforcement, and except to the extent 
        that any such requirement is in conflict with this chapter.
          (2) Clean-fuel vehicles of more than 8,500 pounds.--Clean-
        fuel vehicles of more than 8,500 pounds gross vehicle weight 
        rating subject to standards set forth in this chapter shall 
        comply with all requirements of this subdivision that apply to 
        conventional gasoline-fueled or diesel-fueled vehicles of the 
        same category and model year, except as provided in section 
        225104 of this title with respect to administration and 
        enforcement, and except to the extent that any such requirement 
        is in conflict with this chapter.
  (c) In-Use Useful Life and Testing.--
          (1) Light-duty vehicles and light-duty trucks up to 6,000 
        pounds.--In the case of light-duty vehicles and light-duty 
        trucks up to 6,000 pounds gross vehicle weight rating, the 
        useful life for purposes of determining in-use compliance with 
        the standards under section 225103 of this title shall be--
                  (A) a period of 5 years or 50,000 miles (or the 
                equivalent), whichever first occurs, in the case of 
                standards applicable for purposes of certification at 
                50,000 miles; and
                  (B) a period of 10 years or 100,000 miles (or the 
                equivalent), whichever first occurs, in the case of 
                standards applicable for purposes of certification at 
                100,000 miles, except that in-use testing shall not be 
                done for a period beyond 7 years or 75,000 miles (or 
                the equivalent), whichever first occurs.
          (2) Light-duty trucks of more than 6,000 pounds.--In the case 
        of light-duty trucks of more than 6,000 pounds gross vehicle 
        weight rating, the useful life for purposes of determining in-
        use compliance with the standards under section 225103 of this 
        title shall be--
                  (A) a period of 5 years or 50,000 miles (or the 
                equivalent), whichever first occurs, in the case of 
                standards applicable for purposes of certification at 
                50,000 miles; and
                  (B) a period of 11 years or 120,000 miles (or the 
                equivalent), whichever first occurs, in the case of 
                standards applicable for purposes of certification at 
                120,000 miles, except that in-use testing shall not be 
                done for a period beyond 7 years or 90,000 miles (or 
                the equivalent), whichever first occurs.
Sec. 225103. Standards for light-duty clean-fuel vehicles
  (a) Exhaust Standards for Light-Duty Vehicles and Certain Light-Duty 
Trucks.--
          (1) Applicability.--The standards set forth in this 
        subsection shall apply in the case of clean-fuel vehicles that 
        are--
                  (A) light-duty trucks of up to 6,000 pounds gross 
                vehicle weight rating (but not including light-duty 
                trucks of more than 3,750 pounds loaded vehicle 
                weight); or
                  (B) light-duty vehicles.
          (2) Standards.--For air pollutants specified in the following 
        table, the clean-fuel vehicle standards under this section 
        shall provide that vehicle exhaust emissions shall not exceed 
        the levels specified in the following table.

  Clean Fuel Vehicle Emission Standards for Light-Duty Trucks of up to
    3,750 Lbs. LVW and up to 6,000 Lbs. GVWR and Light-Duty Vehicles
------------------------------------------------------------------------
                                                               HCHO
           Pollutant             NMOG    CO  NOx   PM*    (formaldehyde)
------------------------------------------------------------------------
50,000 mile standard..........   0.075  3.4  0.2  .....  0.015
100,000 mile standard.........   0.090  4.2  0.3   0.08  0.018
------------------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to diesel-fueled
  vehicles.
In the case of the 50,000 mile standards and the 100,000 mile standards,
  for purposes of certification, the applicable useful life shall be
  50,000 miles or 100,000 miles, respectively.

  (b) Exhaust Standards for Light-Duty Trucks of More Than 3,750 Pounds 
Loaded Vehicle Weight But Not More Than 5,750 Pounds Loaded Vehicle 
Weight and Not More Than 6,000 Pounds Gross Vehicle Weight Rating.--
          (1) Applicability.--The standards set forth in this 
        subsection shall apply in the case of clean-fuel vehicles that 
        are light-duty trucks of more than 3,750 pounds loaded vehicle 
        weight but not more than 5,750 pounds loaded vehicle weight and 
        not more than 6,000 pounds gross vehicle weight rating.
          (2) Standards.--For the air pollutants specified in the 
        following table, the clean-fuel vehicle standards under this 
        section shall provide that vehicle exhaust emissions shall not 
        exceed the levels specified in the following table.

Clean Fuel Vehicle Emission Standards for Light-Duty Trucks of More Than
 3,750 Lbs. LVW But Not More Than 5,750 Lbs. LVW and Not More Than 6,000
                                Lbs. GVWR
------------------------------------------------------------------------
                                                               HCHO
           Pollutant             NMOG    CO  NOx   PM*    (formaldehyde)
------------------------------------------------------------------------
50,000 mile standard..........   0.100  4.4  0.4  .....  0.018
100,000 mile standard.........   0.130  5.5  0.5   0.08  0.023
------------------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to diesel-fueled
  vehicles.
In the case of the 50,000 mile standards and the 100,000 mile standards,
  for purposes of certification, the applicable useful life shall be
  50,000 miles or 100,000 miles, respectively.

  (c) Exhaust Standards for Light-Duty Trucks of More Than 6,000 
Pounds.--The standards set forth in this subsection shall apply in the 
case of clean-fuel vehicles that are light-duty trucks of more than 
6,000 pounds gross weight rating and less than or equal to 8,500 pounds 
gross weight rating, beginning with model year 1998. For the air 
pollutants specified in the following table, the clean-fuel vehicle 
standards under this section shall provide that vehicle exhaust 
emissions of vehicles within the test weight categories specified in 
the following table shall not exceed the levels specified in the table.

Clean Fuel Vehicle Emission Standards for Light-Duty Trucks Greater Than
                             6,000 lbs. GVWR
                Test Weight Category: Up to 3,750 lbs. tw
------------------------------------------------------------------------
                                                               HCHO
          Pollutant            NMOG    CO    NOx    PM*   (formaldehyde)
------------------------------------------------------------------------
50,000 mile standard........   0.125  3.4   0.4**  .....  0.015
120,000 mile standard.......   0.180  5.0   0.6     0.08  0.022
------------------------------------------------------------------------


      Test Weight Category: Above 3,750 but not above 5,750 lbs. tw
------------------------------------------------------------------------
                                                               HCHO
          Pollutant            NMOG    CO    NOx    PM*   (formaldehyde)
------------------------------------------------------------------------
50,000 mile standard........   0.160  4.4   0.7**  .....  0.018
120,000 mile standard.......   0.230  6.4   1.0     0.10  0.027
------------------------------------------------------------------------


   Test Weight Category: Above 5,750 tw but not above 8,500 lbs. gvwr
------------------------------------------------------------------------
                                                               HCHO
          Pollutant            NMOG    CO    NOx    PM*   (formaldehyde)
------------------------------------------------------------------------
50,000 mile standard........   0.195  5.0   1.1**  .....  0.022
120,000 mile standard.......   0.280  7.3   1.5     0.12  0.032
------------------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to diesel-fueled
  vehicles.
**Standard not applicable to diesel-fueled vehicles.
For the 50,000 mile standards and the 120,000 mile standards set forth
  in the table, the applicable useful life for purposes of certification
  shall be 50,000 miles or 120,000 miles, respectively.

  (d) Flexible and Dual-Fuel Vehicles.--
          (1) In general.--The Administrator shall establish standards 
        and requirements under this section for vehicles weighing not 
        more than 8,500 pounds gross vehicle weight rating that are 
        capable of operating on more than 1 fuel. The standards shall 
        require that such vehicles meet the exhaust standards 
        applicable under subsections (a), (b), and (c) for carbon 
        monoxide, nitrogen oxides, formaldehyde, and, if appropriate, 
        particulate matter for single-fuel vehicles of the same vehicle 
        category and model year.
          (2) Exhaust nmog standard for operation on clean alternative 
        fuel.--In addition to standards for the pollutants described in 
        paragraph (1), the standards established under paragraph (1) 
        shall require that vehicle exhaust emissions of nonmethane 
        organic gas not exceed the levels (expressed in grams per mile) 
        specified in the tables below when the vehicle is operated on 
        the clean alternative fuel for which the vehicle is certified:

 NMOG Standards for Flexible- and Dual-Fueled Vehicles When Operating on
                         Clean Alternative Fuel
     Light-duty Trucks up to 6,000 lbs. GVWR and Light-duty Vehicles
------------------------------------------------------------------------
                                       Column A            Column B
          Vehicle Type                (50,000mi.)        (100,000mi.)
                                    Standard (gpm)      Standard (gpm)
------------------------------------------------------------------------
  Beginning MY 1996:
LDT's (0-3,750 lbs. LVW) and             0.125               0.156
 light-duty vehicles.
LDT's (3,751-5,750 lbs. LVW)....         0.160               0.20
  Beginning MY 2001:
LDT's (0-3,750 lbs. LVW) and             0.075               0.090
 light-duty vehicles.
LDT's (3,751-5,750 lbs. LVW)....         0.100               0.130
------------------------------------------------------------------------
For standards under column A, for purposes of certification under
  section 221106 of this title, the applicable useful life shall be
  50,000 miles.
For standards under column B, for purposes of certification under
  section 221106 of this title, the applicable useful life shall be
  100,000 miles.


               Light-duty Trucks More Than 6,000 lbs. GVWR
------------------------------------------------------------------------
                                       Column A            Column B
          Vehicle Type                (50,000mi.)        (120,000mi.)
                                    Standard (gpm)      Standard (gpm)
------------------------------------------------------------------------
  Beginning MY 1998:
LDT's (0-3,750 lbs. TW).........         0.125               0.180
LDT's (3,751-5,750 lbs. TW).....         0.160               0.230
LDT's (above 5,750 lbs. TW).....         0.195               0.280
------------------------------------------------------------------------
For standards under column A, for purposes of certification under
  section 221106 of this title, the applicable useful life shall be
  50,000 miles.
For standards under column B, for purposes of certification under
  section 221106 of this title, the applicable useful life shall be
  120,000 miles.

          (3) NMOG standard for operation on conventional fuel.--In 
        addition to the standards described in paragraph (1), the 
        standards established under paragraph (1) shall require that 
        vehicle exhaust emissions of nonmethane organic gas not exceed 
        the levels (expressed in grams per mile) specified in the 
        tables below:

 NMOG Standards for Flexible- and Dual-Fueled Vehicles When Operating on
                            Conventional Fuel
   Light-duty Trucks of up to 6,000 lbs. GVWR and Light-duty Vehicles
------------------------------------------------------------------------
                                       Column A            Column B
          Vehicle Type                (50,000mi.)        (100,000mi.)
                                    Standard (gpm)      Standard (gpm)
------------------------------------------------------------------------
  Beginning MY 1996:
LDT's (0-3,750 lbs. LVW) and             0.25                0.31
 light-duty vehicles.
LDT's (3,751-5,750 lbs. LVW)....         0.32                0.40
  Beginning MY 2001:
LDT's (0-3,750 lbs. LVW) and             0.125               0.156
 light-duty vehicles.
LDT's (3,751-5,750 lbs. LVW)....         0.160               0.200
------------------------------------------------------------------------
For standards under column A, for purposes of certification under
  section 221106 of this title, the applicable useful life shall be
  50,000 miles.
For standards under column B, for purposes of certification under
  section 221106 of this title, the applicable useful life shall be
  100,000 miles.


               Light-duty Trucks of up to 6,000 lbs. GVWR
------------------------------------------------------------------------
                                       Column A            Column B
          Vehicle Type                (50,000mi.)        (120,000mi.)
                                    Standard (gpm)      Standard (gpm)
------------------------------------------------------------------------
  Beginning MY 1998:
LDT's (0-3,750 lbs. TW).........         0.25                0.36
LDT's (3,751-5,750 lbs. TW).....         0.32                0.46
LDT's (above 5,750 lbs. TW).....         0.39                0.56
------------------------------------------------------------------------
For standards under column A, for purposes of certification under
  section 221106 of this title, the applicable useful life shall be
  50,000 miles.
For standards under column B, for purposes of certification under
  section 221106 of this title, the applicable useful life shall be
  120,000 miles.

  (e) Replacement by CARB Standards.--
          (1) Single set of carb standards.--If California promulgates 
        regulations establishing and implementing a single set of 
        standards applicable in California pursuant to a waiver 
        approved under section 221109 of this title to any category of 
        vehicles described in subsection (a), (b), (c), or (d) and that 
        set of standards is, in the aggregate, at least as protective 
        of public health and welfare as the otherwise applicable 
        standards set forth in section 225102 of this title and 
        subsection (a), (b), (c), or (d), the California set of 
        standards shall apply to clean-fuel vehicles in that category 
        in lieu of the standards otherwise applicable under section 
        225102 of this title and subsection (a), (b), (c), or (d), as 
        the case may be.
          (2) Multiple sets of carb standards.--If California 
        promulgates regulations establishing and implementing several 
        different sets of standards applicable in California pursuant 
        to a waiver approved under section 221109 of this title to any 
        category of vehicles described in subsection (a), (b), (c), or 
        (d) and each of the California sets of standards is, in the 
        aggregate, at least as protective of public health and welfare 
        as the otherwise applicable standards set forth in section 
        225102 of this title and subsection (a), (b), (c), or (d), 
        those standards shall be treated as qualifying California 
        standards for purposes of this paragraph. Where more than 1 set 
        of qualifying standards are established and administered by 
        California, the least stringent set of qualifying California 
        standards shall apply to the clean-fuel vehicles concerned in 
        lieu of the standards otherwise applicable to those vehicles 
        under section 225102 of this title and this section.
  (f) Less Stringent CARB Standards.--If the Low-Emission Vehicle and 
Clean Fuels Regulations of the California Air Resources Board 
applicable to any category of vehicles described in subsection (a), 
(b), (c), or (d) are modified after November 15, 1990, to provide an 
emission standard that is less stringent than the otherwise applicable 
standard set forth in subsection (a), (b), (c), or (d), or if any 
effective date contained in the regulations is delayed, the modified 
standards or the delay (or both, as the case may be) shall apply, for 
an interim period, in lieu of the standard or effective date otherwise 
applicable under subsection (a), (b), (c), or (d) to any vehicles 
covered by the modified standard or delayed effective date. The interim 
period shall be a period of not more than 2 model years after the 
effective date otherwise applicable under subsection (a), (b), (c), or 
(d). After the interim period, the otherwise applicable standard set 
forth in subsection (a), (b), (c), or (d) shall take effect with 
respect to those vehicles (unless subsequently replaced under 
subsection (e)).
  (g) Nonapplicability to Heavy-Duty Vehicles.--Notwithstanding any 
provision of the Low-Emission Vehicle and Clean Fuels Regulations of 
the California Air Resources Board, nothing in this section shall apply 
to heavy-duty engines in vehicles of more than 8,500 pounds gross 
vehicle weight rating.
Sec. 225104. Administration and enforcement as per California standards
  (a) In General.--Where the numerical clean-fuel vehicle standards 
applicable under this chapter to vehicles of not more than 8,500 pounds 
gross vehicle weight rating are the same as numerical emission 
standards applicable in California under the Low-Emission Vehicle and 
Clean Fuels Regulations of the California Air Resources Board, those 
standards shall be administered and enforced by the Administrator--
          (1) in the same manner and with the same flexibility as 
        California administers and enforces corresponding standards 
        applicable under the Low-Emission Vehicle and Clean Fuels 
        Regulations of the California Air Resources Board; and
          (2) subject to the same requirements, and utilizing the same 
        interpretations and policy judgments, as are applicable in the 
        case of the California standards, including requirements 
        regarding certification, production-line testing, and in-use 
        compliance;
unless the Administrator determines (in promulgating the regulations 
establishing the clean-fuel vehicle program under this section) that 
any such administration and enforcement would not meet the criteria for 
a waiver under section 221109 of this title.
  (b) Heavy-Duty Vehicles.--Nothing in this section shall apply in the 
case of standards under section 225105 of this title for heavy-duty 
vehicles.
Sec. 225105. Standards for heavy-duty clean-fuel vehicles of more than 
                    8,500 up to 26,000 pounds gross vehicle weight 
                    rating
  (a) Combined Nitrogen Oxide and Nonmethane Hydrocarbon Standard.--For 
classes or categories of heavy-duty vehicles or engines having a gross 
vehicle weight rating greater than 8,500 pounds and up to 26,000 pounds 
gross vehicle weight rating, the standards under this chapter for 
clean-fuel vehicles shall require that combined emissions of nitrogen 
oxides and nonmethane hydrocarbons shall not exceed 3.15 grams per 
brake horsepower hour. No standard shall be promulgated under this 
section for any heavy-duty vehicle of more than 26,000 pounds gross 
vehicle weight rating.
  (b) Revised Standards That Are Less Stringent.--
          (1) In general.--The Administrator may promulgate a revised 
        less stringent standard for the vehicles or engines described 
        in subsection (a) if the Administrator determines that the 50 
        percent reduction required under subsection (a) is not 
        technologically feasible for clean diesel-fueled vehicles and 
        engines, taking into account durability, costs, lead time, 
        safety, and other relevant factors.
          (2) Petition.--Any person may at any time petition the 
        Administrator to make a determination under paragraph (1). The 
        Administrator shall act on such a petition within 6 months 
        after the petition is filed.
          (3) Percentage reduction.--Any revised less stringent 
        standards promulgated under this subsection shall require at 
        least a 30 percent reduction in lieu of the 50 percent 
        reduction described in paragraph (1).
Sec. 225106. Centrally fueled fleets
  (a) Definition of Covered Area.--In this section:
          (1) In general.--The term ``covered area'' means--
                  (A) an ozone nonattainment area with a 1980 
                population of 250,000 or more classified under 
                subchapter II of chapter 215 as a serious area, severe 
                area, or extreme area based on data for calendar years 
                1987, 1988, and 1989; and
                  (B) a carbon monoxide nonattainment area with a 1980 
                population of 250,000 or more and a carbon monoxide 
                design value at or above 16.0 parts per million based 
                on data for calendar years 1988 and 1989.
          (2) Exclusion.--The term ``covered area'' does not include a 
        carbon monoxide nonattainment area in which mobile sources do 
        not contribute significantly to carbon monoxide exceedances.
          (3) Interpretation methodology.--In determining the areas to 
        be treated as covered areas under paragraph (1), the 
        Administrator shall use the most recent interpretation 
        methodology issued by the Administrator prior to November 15, 
        1990.
  (b) Fleet Program Required for Covered Areas.--
          (1) State implementation plan provision.--The implementation 
        plan of each State in which there is located all or part of a 
        covered area shall contain a provision establishing a clean-
        fuel vehicle program for fleets under this section.
          (2) Plan provisions for reclassified areas.--In the case of 
        an ozone nonattainment areas reclassified as a serious area, 
        severe area, or extreme area under chapter 215 with a 1980 
        population of 250,000 or more, the State shall submit a plan 
        provision meeting the requirements of this subsection within 1 
        year after reclassification. The plan provision shall implement 
        the requirements applicable under this subsection at the time 
        of reclassification and thereafter, except that the 
        Administrator may adjust for a limited period the deadlines for 
        compliance where compliance with those deadlines would be 
        infeasible.
          (3) Consultation; consideration of factors.--Each State 
        required to have an implementation plan provision under this 
        subsection shall develop the provision in consultation with 
        fleet operators, vehicle manufacturers, vehicle fuel producers 
        and distributors, and other interested persons, taking into 
        consideration operational range, specialty uses, vehicle and 
        fuel availability, costs, safety, resale values of vehicles and 
        equipment, and other relevant factors.
  (c) Requirements.--
          (1) In general.--The plan provision required under this 
        section shall require that at least a specified percentage of 
        all new covered fleet vehicles in model year 1998 and 
        thereafter purchased by each covered fleet operator in each 
        covered area shall be clean-fuel vehicles and shall use clean 
        alternative fuels when operating in the covered area.
          (2) Specified percentage.--For each model year, the specified 
        percentage shall be as follows:
                  (A) Light-duty trucks up to 6,000 pounds gross 
                vehicle weight rating and light-duty vehicles: 70%.
                  (B) Heavy-duty trucks above 8,500 pounds gross 
                vehicle weight rating: 50%.
  (d) Choice of Vehicles and Fuel.--The plan provision shall provide 
that the choice of clean-fuel vehicles and clean alternative fuels 
shall be made by the covered fleet operator subject to the requirements 
of subsection (c).
  (e) Availability of Clean Alternative Fuel.--The plan provision shall 
require fuel providers to make clean alternative fuel available to 
covered fleet operators at locations at which covered fleet vehicles 
are centrally fueled.
  (f) Credits.--
          (1) Issuance of credits.--The plan provision shall provide 
        for the issuance by the State of appropriate credits to a fleet 
        operator for any of the following (or any combination thereof):
                  (A) The purchase of more clean-fuel vehicles than 
                required under this section.
                  (B) The purchase of clean-fuel vehicles that meet 
                more stringent standards established by the 
                Administrator pursuant to paragraph (4).
                  (C) The purchase of vehicles in categories that are 
                not covered by this section but that meet standards 
                established for such vehicles under paragraph (4).
          (2) Use of credits; limitations based on weight classes.--
                  (A) Use of credits.--Credits under this subsection 
                may be used by the person holding the credits to 
                demonstrate compliance with this section or may be 
                traded or sold for use by any other person to 
                demonstrate compliance with other requirements 
                applicable under this section in the same nonattainment 
                area. Credits obtained at any time may be held or 
                banked for use at any later time, and when so used, the 
                credits shall maintain the same value as if used at an 
                earlier date.
                  (B) Limitations based on weight classes.--Credits 
                issued with respect to the purchase of vehicles of up 
                to 8,500 pounds gross vehicle weight rating may not be 
                used to demonstrate compliance by any person with the 
                requirements applicable under this subsection to 
                vehicles of more than 8,500 pounds gross vehicle weight 
                rating. Credits issued with respect to the purchase of 
                vehicles of more than 8,500 pounds gross vehicle weight 
                rating may not be used to demonstrate compliance by any 
                person with the requirements applicable under this 
                subsection to vehicles weighing up to 8,500 pounds 
                gross vehicle weight rating.
                  (C) Weighting.--Credits issued for purchase of a 
                clean-fuel vehicle under this subsection shall be 
                adjusted with appropriate weighting to reflect the 
                level of emission reduction achieved by the vehicle.
          (3) Regulations; administration.--The Administrator shall 
        promulgate regulations for a credit program under this 
        subsection. The State shall administer the credit program under 
        this subsection.
          (4) Standards for issuing credits for cleaner vehicles.--
                  (A) In general.--Solely for purposes of issuing 
                credits under paragraph (1)(B), the Administrator shall 
                establish under this paragraph standards for ultra-low 
                emission vehicles and zero emission vehicles that are 
                more stringent than the standard otherwise applicable 
                to clean-fuel vehicles under this chapter.
                  (B) Certification; administration; enforcement.--The 
                Administrator shall certify clean-fuel vehicles as 
                complying with the more stringent standards, and 
                administer and enforce the more stringent standards, in 
                the same manner as in the case of the otherwise 
                applicable clean-fuel vehicle standards established 
                under this section.
                  (C) California standards.--The standards established 
                by the Administrator under this paragraph for vehicles 
                under 8,500 pounds gross vehicle weight rating shall 
                conform as closely as possible to standards established 
                by California for ultra-low emission vehicles and zero 
                emission vehicles in the same class. For vehicles of 
                8,500 pounds gross vehicle weight rating or greater, 
                the Administrator shall promulgate comparable standards 
                for purposes of this subsection.
          (5) Early fleet credits.--The plan provision shall provide 
        credits under this subsection to fleet operators that purchase 
        vehicles certified to meet clean-fuel vehicle standards under 
        this chapter during any period after approval of the plan 
        provision and prior to the effective date of the fleet program 
        under this section.
  (g) Availability to Public.--At any facility owned or operated by a 
department, agency, or instrumentality of the United States where 
vehicles subject to this subsection are supplied with clean alternative 
fuel, the fuel shall be offered for sale to the public for use in other 
vehicles during reasonable business times and subject to national 
security concerns, unless such fuel is commercially available for 
vehicles in the vicinity of the Federal facility.
  (h) Transportation Control Measures.--The Administrator shall by 
regulation ensure that certain transportation control measures 
including time-of-day or day-of-week restrictions, and other similar 
measures that restrict vehicle usage, do not apply to any clean-fuel 
vehicle that meets the requirements of this section. This subsection 
shall apply notwithstanding subdivision 2.
Sec. 225107. Vehicle conversions
  (a) Conversion of Existing and New Conventional Vehicles to Clean-
Fuel Vehicles.--
          (1) In general.--The requirements of section 225106 of this 
        title may be met through the conversion of existing or new 
        gasoline or diesel-powered vehicles to clean-fuel vehicles that 
        comply with the applicable requirements of that section.
          (2) Treatment as purchase.--For purposes of those 
        requirements the conversion of a vehicle to a clean-fuel 
        vehicle shall be treated as the purchase of a clean-fuel 
        vehicle.
          (3) Effect of chapter.--Nothing in this chapter shall be 
        construed to provide that any covered fleet operator subject to 
        fleet vehicle purchase requirements under section 225106 of 
        this title shall be required to convert existing or new 
        gasoline or diesel-powered vehicles to clean-fuel vehicles or 
        to purchase converted vehicles.
  (b) Regulations.--
          (1) In general.--The Administrator shall, consistent with the 
        requirements of this subdivision applicable to new vehicles, 
        promulgate regulations governing conversions of conventional 
        vehicles to clean-fuel vehicles.
          (2) Contents.--The regulations shall--
                  (A) establish criteria for such conversions that will 
                ensure that a converted vehicle will comply with the 
                standards applicable under this chapter to clean-fuel 
                vehicles; and
                  (B) provide for the application to such conversions 
                of the same provisions of this subdivision (including 
                provisions relating to administration and enforcement) 
                as are applicable to standards under sections 225102, 
                225103, 225104, and 225105 of this title, except that 
                in the case of conversions the Administrator may modify 
                the applicable regulations implementing those 
                provisions as the Administrator considers necessary to 
                implement this chapter.
  (c) Enforcement.--
          (1) In general.--A person that converts conventional vehicles 
        to clean-fuel vehicles pursuant to subsection (b) shall be 
        considered to be a manufacturer for purposes of sections 221106 
        and 221107 of this title and related enforcement provisions.
          (2) Effect of paragraph.--Nothing in paragraph (1) shall 
        require a person that performs such conversions to warrant any 
        part or operation of a vehicle other than as required under 
        this chapter. Nothing in this paragraph shall limit the 
        applicability of any other warranty to unrelated parts or 
        operations.
  (d) Tampering.--The conversion from a vehicle capable of operating on 
gasoline or diesel fuel only to a clean-fuel vehicle shall not be 
considered a violation of section 221103(a)(1)(C) of this title if the 
conversion complies with the regulations promulgated under subsection 
(b).
  (e) Safety.--The Secretary of Transportation shall, if necessary, 
promulgate regulations under applicable motor vehicle laws regarding 
the safety of vehicles converted from existing and new vehicles to 
clean-fuel vehicles.
Sec. 225108. Federal agency fleets
  (a) Additional Provisions Applicable.--This section shall apply, in 
addition to the other provisions of this chapter, in the case of 
covered fleet vehicles owned or operated by an agency, department, or 
instrumentality of the United States, except as otherwise provided in 
subsection (e).
  (b) Cost of Vehicles to Federal Agency.--Notwithstanding section 604 
of title 40, the Administrator of General Services shall not include 
the incremental costs of clean-fuel vehicles in the amount to be 
reimbursed to Federal agencies if the Administrator of General Services 
determines that amounts appropriated under subsection (g) are 
sufficient to provide for the incremental cost of such vehicles over 
the cost of comparable conventional vehicles.
  (c) Limitations on Appropriations.--Amounts appropriated under 
subsection (g) shall be applicable only to--
          (1) the portion of the costs of acquisition, maintenance, and 
        operation of clean-fuel vehicles that exceeds the cost of 
        acquisition, maintenance, and operation of comparable 
        conventional vehicles;
          (2) the portion of the costs of fuel storage and dispensing 
        equipment attributable to clean-fuel vehicles that exceeds the 
        costs for those purposes required for conventional vehicles; 
        and
          (3) the portion of the costs of acquisition of clean-fuel 
        vehicles that represents a reduction in revenue from the 
        disposal of clean-fuel vehicles as compared with revenue 
        resulting from the disposal of comparable conventional 
        vehicles.
  (d) Vehicle Costs.--The incremental cost of clean-fuel vehicles over 
the cost of comparable conventional vehicles shall not be applied to 
any calculation with respect to a limitation under law on the maximum 
cost of individual vehicles that may be required by the United States.
  (e) Exemptions.--The requirements of this chapter shall not apply to 
vehicles with respect to which the Secretary of Defense certifies to 
the Administrator that an exemption is needed based on national 
security considerations.
  (f) Acquisition Requirement.--Federal agencies, to the extent 
practicable, shall obtain clean-fuel vehicles from original equipment 
manufacturers.
  (g) Authorization of Appropriations.--
          (1) In general.--There are authorized to be appropriated such 
        sums as are required to carry out this section.
          (2) Addition to acquisition services fund.--Such sums as are 
        appropriated for the Administrator of General Services to carry 
        out this section shall be added to the Acquisition Services 
        Fund established by section 321 of title 40.
Sec. 225109. California pilot test program
  (a) Establishment.--The Administrator shall establish a pilot program 
in California to demonstrate the effectiveness of clean-fuel vehicles 
in controlling air pollution in ozone nonattainment areas.
  (b) Applicability.--This section shall apply--
          (1) only to light-duty trucks and light-duty vehicles; and
          (2) only in California, except as provided in subsection (f).
  (c) Program Requirements.--
          (1) In general.--The Administrator shall promulgate 
        regulations establishing requirements under this section 
        applicable in California.
          (2) Clean-fuel vehicles.--The regulations shall provide that 
        clean-fuel vehicles shall be produced, sold, and distributed 
        (in accordance with normal business practices and applicable 
        franchise agreements) to ultimate purchasers in California 
        (including owners of covered fleets under section 225106 of 
        this title) in numbers that meet or exceed 300,000 in each 
        model year.
          (3) Clean alternative fuels.--
                  (A) SIP.--The California implementation plan shall 
                include a clean fuel plan that requires that clean 
                alternative fuels on which the clean-fuel vehicles 
                required under this section can operate shall be 
                produced and distributed by fuel suppliers and made 
                available in California.
                  (B) Sufficiency.--At a minimum, sufficient clean 
                alternative fuels shall be produced, distributed, and 
                made available to ensure that all clean-fuel vehicles 
                required under this section can operate, to the maximum 
                extent practicable, exclusively on such fuels in 
                California. The State shall require that clean 
                alternative fuels be made available and offered for 
                sale at an adequate number of locations with sufficient 
                geographic distribution to ensure convenient refueling 
                with clean alternative fuels, considering the number 
                of, and type of, such vehicles sold and the geographic 
                distribution of such vehicles within the State.
                  (C) Determination.--The State shall determine the 
                clean alternative fuels to be produced, distributed, 
                and made available based on motor vehicle 
                manufacturers' projections of future sales of such 
                vehicles and consultations with the affected local 
                governments and fuel suppliers.
                  (D) Credits.--The State may by regulation grant 
                persons subject to the requirements prescribed under 
                this paragraph an appropriate amount of credits for 
                exceeding the requirements, and any person granted 
                credits may transfer some or all of the credits for use 
                by 1 or more persons in demonstrating compliance with 
                the requirements. The State may make the credits 
                available for use after consideration of 
                enforceability, environmental, and economic factors and 
                on such terms and conditions as the State finds 
                appropriate.
                  (E) Specifications.--The State may by regulation 
                establish specifications for any clean alternative fuel 
                produced and made available under this paragraph as the 
                State finds necessary to reduce or eliminate an 
                unreasonable risk to public health, welfare, or safety 
                associated with its use or to ensure acceptable vehicle 
                maintenance and performance characteristics.
                  (F) Underground storage tanks.--If a retail gasoline 
                dispensing facility would have to remove or replace 1 
                or more motor vehicle fuel underground storage tanks 
                and accompanying piping to comply with this section, 
                and it had removed and replaced the tank or tanks and 
                accompanying piping to comply with subtitle I of the 
                Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) 
                before November 15, 1990, it shall not be required to 
                comply with this subsection until a period of 7 years 
                has passed from the date of the removal and replacement 
                of the tank or tanks.
                  (G) Effect of section.--Nothing in this section 
                authorizes any State other than California to adopt 
                provisions regarding clean alternative fuels.
                  (H) Failure of state to maintain clean air program.--
                If California fails to adopt a clean fuel program that 
                meets the requirements of this paragraph, the 
                Administrator shall establish a clean fuel program for 
                California under this paragraph and section 211110(c) 
                of this title that meets the requirements of this 
                paragraph.
  (d) Credits for Motor Vehicle Manufacturers.--
          (1) In general.--
                  (A) Grant of credits.--The Administrator may by 
                regulation grant a motor vehicle manufacturer an 
                appropriate amount of credits toward fulfillment of the 
                manufacturer's share of the requirements of subsection 
                (c)(2) for either of the following (or any combination 
                thereof):
                          (i) The sale of more clean-fuel vehicles than 
                        is required under subsection (c)(2).
                          (ii) The sale of clean-fuel vehicles that 
                        meet standards established by the Administrator 
                        as provided in paragraph (3) that are more 
                        stringent than the clean-fuel vehicle standards 
                        otherwise applicable to clean-fuel vehicles.
                  (B) Use of credits.--A manufacturer granted credits 
                under subparagraph (A) may transfer some or all of the 
                credits for use by 1 or more other manufacturers in 
                demonstrating compliance with the requirements 
                prescribed under this section.
                  (C) Considerations.--The Administrator may make the 
                credits available for use after consideration of 
                enforceability, environmental, and economic factors and 
                on such terms and conditions as the Administrator finds 
                appropriate.
                  (D) Other requirements or credits.--The Administrator 
                shall grant credits in accordance with this paragraph 
                notwithstanding any requirements of State law or any 
                credits granted with respect to the same vehicles under 
                any State law (including a regulation).
          (2) Administration; regulations.--The Administrator shall 
        administer the credit program established under this 
        subsection. The Administrator shall promulgate regulations for 
        the credit program.
          (3) Standards for issuing credits for cleaner vehicles.--The 
        more stringent standards and other requirements (including 
        requirements relating to the weighting of credits) established 
        by the Administrator for purposes of the credit program under 
        section 225106(f) of this title shall apply for purposes of the 
        credit program under this subsection.
  (e) No Extension or Termination by Administrator; Nonapplicability of 
Section 215109.--
          (1) No extension or termination by administrator.--The 
        program under this section cannot be extended or terminated by 
        the Administrator except by Act of Congress enacted after 
        November 15, 1990.
          (2) Nonapplicability of section 215109.--Section 215109 of 
        this title does not apply to the program under this section.
  (f) Voluntary Opt-In for Other States.--
          (1) Regulations.--The Administrator shall promulgate 
        regulations establishing a voluntary opt-in program under this 
        subsection pursuant to which--
                  (A) clean-fuel vehicles that are required to be 
                produced, sold, and distributed in California under 
                this section; and
                  (B) clean alternative fuels required to be produced 
                and distributed under this section by fuel suppliers 
                and made available in California;
        may also be sold and used in other States that have an 
        implementation plan provision under paragraph (2).
          (2) Plan provision.--Any State in which there is located all 
        or part of an ozone nonattainment area classified under chapter 
        215 as a serious area, severe area, or extreme area may include 
        in its implementation plan a provision under which incentives 
        are provided for the sale or use in the ozone nonattainment 
        area or State of clean-fuel vehicles that are required to be 
        produced, sold, and distributed in California, and for the use 
        in the ozone nonattainment area or State of clean alternative 
        fuels required to be produced and distributed by fuel suppliers 
        and made available in California. Such a plan provision shall 
        not take effect until 1 year after the State has provided 
        notice of the provision to motor vehicle manufacturers and to 
        fuel suppliers.
          (3) Incentives.--
                  (A) In general.--The incentives under paragraph (2) 
                may include any or all of the following:
                          (i) A State registration fee on new motor 
                        vehicles registered in the State that are not 
                        clean-fuel vehicles in the amount of at least 1 
                        percent of the cost of the vehicle.
                          (ii) Provisions to exempt clean-fuel vehicles 
                        from high occupancy vehicle or trip reduction 
                        requirements.
                          (iii) Provisions to provide preference in the 
                        use of existing parking spaces for clean-fuel 
                        vehicles.
                  (B) Use of proceeds.--The proceeds of a fee under 
                subparagraph (A)(i) shall be used to provide financial 
                incentives to purchasers of clean-fuel vehicles and to 
                vehicle dealers that sell high volumes or high 
                percentages of clean-fuel vehicles and to defray the 
                administrative costs of the incentive program.
                  (C) Covered fleet vehicles.--The incentives under 
                this paragraph shall not apply in the case of covered 
                fleet vehicles.
          (4) No sales or production mandate.--The regulations and plan 
        provisions under paragraphs (1) and (2) shall not include any 
        production or sales mandate for clean-fuel vehicles or clean 
        alternative fuels. The regulations and plan provisions shall 
        provide that vehicle manufacturers and fuel suppliers may not 
        be subject to penalties or sanctions for failing to produce or 
        sell clean-fuel vehicles or clean alternative fuels.
Sec. 225110. General provisions
  (a) State Refueling Facilities.--If any State adopts an enforceable 
provision in an implementation plan applicable to a nonattainment area 
that provides that existing State refueling facilities will be made 
available to the public for the purchase of clean alternative fuels or 
that State-operated refueling facilities for clean alternative fuels 
will be constructed and operated by the State and made available to the 
public at reasonable times, taking into consideration safety, costs, 
and other relevant factors, in approving the plan under section 211110 
of this title and chapter 215 the Administrator may credit a State with 
the emission reductions attributable to those actions for purposes of 
chapter 215.
  (b) No Production Mandate.--The Administrator shall have no authority 
under this chapter to mandate the production of clean-fuel vehicles 
except as provided in the California pilot test program or to specify 
as applicable the models, lines, or types of, or marketing or price 
practices, policies, or strategies for, vehicles subject to this 
chapter. Nothing in this chapter shall be construed to give the 
Administrator authority to mandate marketing or pricing practices, 
policies, or strategies for fuels.
  (c) Tank and Fuel System Safety.--The Secretary of Transportation 
shall, in accordance with chapter 301 of title 49, promulgate 
regulations regarding the safety and use of fuel storage cylinders and 
fuel systems, including appropriate testing and retesting, in 
conversions of motor vehicles.
  (d) Coordination With Secretary of Energy and Secretary of 
Transportation.--The Administrator shall coordinate with the Secretary 
of Energy and the Secretary of Transportation in carrying out the 
Administrator's duties under this chapter.

                     Subdivision 4--Noise Pollution

                      Chapter 231--Noise Pollution

Sec.
231101. Abatement of noise from Federal activities.
Sec. 231101. Abatement of noise from Federal activities
  In any case where a Federal department or agency is carrying out or 
sponsoring an activity resulting in noise that the Administrator 
determines amounts to a public nuisance or is otherwise objectionable, 
the department or agency shall consult with the Administrator to 
determine possible means of abating the noise.

                 Subdivision 5--Acid Deposition Control

                  Chapter 233--Acid Deposition Control

Sec.
233101. Findings and purposes.
233102. Definitions.
233103. Sulfur dioxide allowance program for existing units and new 
          units.
233104. Conservation and renewable energy reserve; alternative allowance 
          allocation for units in certain utility systems with optional 
          baseline.
233105. Phase II sulfur dioxide requirements.
233106. Allowances for States with emission rates at or below 0.80 pound 
          per million British thermal units.
233107. Nitrogen oxide emission reduction program.
233108. Permits and compliance plans.
233109. Election for additional sources.
233110. Excess emission penalty; excess emission offset.
233111. Monitoring, reporting, and recordkeeping requirements.
233112. General compliance with other provisions.
233113. Enforcement.
233114. Clean coal technology regulatory incentives.
233115. Contingency guarantee; auctions; reserve.
Sec. 233101. Findings and purposes
  (a) Findings.--Congress finds that--
          (1) the presence of acidic compounds and their precursors in 
        the atmosphere and in deposition from the atmosphere represents 
        a threat to natural resources, ecosystems, materials, 
        visibility, and public health;
          (2) the principal sources of the acidic compounds and their 
        precursors in the atmosphere are emissions of sulfur and 
        nitrogen oxides from the combustion of fossil fuels;
          (3) the problem of acid deposition is of national and 
        international significance;
          (4) there exist strategies and technologies for the control 
        of precursors to acid deposition that are economically 
        feasible;
          (5) current and future generations of Americans would be 
        adversely affected by delaying measures to remedy the problem;
          (6) reduction of total atmospheric loading of sulfur dioxide 
        and nitrogen oxides will enhance protection of the public 
        health and welfare and the environment; and
          (7) steam-electric generating units should use control 
        measures to reduce precursor emissions.
  (b) Purposes.--
          (1) Emission reductions.--
                  (A) In general.--A purpose of this subdivision is to 
                reduce the adverse effects of acid deposition through 
                reductions in annual emissions of sulfur dioxide of 
                10,000,000 tons from 1980 emission levels, and, in 
                combination with other provisions of this division, of 
                nitrogen oxides emissions of approximately 2,000,000 
                tons from 1980 emission levels, in the 48 contiguous 
                States and the District of Columbia.
                  (B) Intent.--It is the intent of this subdivision to 
                effectuate the reductions described in subparagraph (A) 
                by requiring compliance by affected sources with 
                prescribed emission limitations by specified deadlines, 
                which limitations may be met through alternative 
                methods of compliance provided by an emission 
                allocation and transfer system.
          (2) Energy conservation, use of renewable and clean 
        alternative technologies, and pollution prevention.--A purpose 
        of this subdivision is to encourage energy conservation, use of 
        renewable and clean alternative technologies, and pollution 
        prevention as a long-range strategy, consistent with this 
        subdivision, for reducing air pollution and other adverse 
        impacts of energy production and use.
Sec. 233102. Definitions
  In this subdivision:
          (1) Actual 1985 sulfur dioxide emission rate.--
                  (A) Utility units.--The term ``actual 1985 sulfur 
                dioxide emission rate'', with respect to a utility 
                unit, means the 1985 sulfur dioxide emission rate in 
                pounds per million British thermal units as reported 
                for the utility unit in the NAPAP Emissions Inventory, 
                Version 2, National Utility Reference File.
                  (B) Nonutility units.--The term ``actual 1985 sulfur 
                dioxide emission rate'', with respect to a nonutility 
                unit, means the 1985 sulfur dioxide emission rate in 
                pounds per million British thermal units as reported 
                for the nonutility unit in the NAPAP Emissions 
                Inventory, Version 2.
          (2) Affected source.--The term ``affected source'' means a 
        source that includes 1 or more affected units.
          (3) Affected unit.--The term ``affected unit'' means a unit 
        that is subject to emission reduction requirements or 
        limitations under this subdivision.
          (4) Allowable 1985 sulfur dioxide emission rate.--
                  (A) In general.--The term ``allowable 1985 sulfur 
                dioxide emission rate'', with respect to a unit, 
                means--
                          (i) a federally enforceable emission 
                        limitation for sulfur dioxide applicable to the 
                        unit in 1985; or
                          (ii) the limitation applicable in such year 
                        after 1985 as the Administrator may determine 
                        if a limitation described in clause (i) for 
                        1985 does not exist.
                  (B) Emission limitation not expressed in pounds of 
                emissions per million british thermal units or 
                averaging period not expressed on an annual basis.--If 
                the emission limitation for a unit is not expressed in 
                pounds of emissions per million British thermal units 
                or the averaging period of the emission limitation is 
                not expressed on an annual basis, the Administrator 
                shall calculate the annual equivalent of that emission 
                limitation in pounds per million British thermal units 
                to establish the allowable 1985 sulfur dioxide emission 
                rate.
          (5) Allowance.--The term ``allowance'' means an 
        authorization, allocated to an affected unit by the 
        Administrator under this subdivision, to emit, during or after 
        a specified calendar year, 1 ton of sulfur dioxide.
          (6) Baseline.--The term ``baseline'' means the annual 
        quantity of fossil fuel consumed by an affected unit, measured 
        in millions of British thermal units, calculated as follows:
                  (A) Utility units.--
                          (i) In general.--For a utility unit that was 
                        in commercial operation prior to January 1, 
                        1985, the baseline is the annual average 
                        quantity of million British thermal units 
                        consumed in fuel during calendar years 1985, 
                        1986, and 1987, as recorded by the Department 
                        of Energy pursuant to Form EIA-767.
                          (ii) Form eia-767 not filed.--For a utility 
                        unit for which a Form EIA-767 was not filed, 
                        the baseline is the level specified for the 
                        unit in--
                                  (I) the 1985 NAPAP Emissions 
                                Inventory, Version 2, National Utility 
                                Reference File; or
                                  (II) a corrected database established 
                                by the Administrator pursuant to 
                                subparagraph (E).
                  (B) Nonutility units.--
                          (i) In general.--For nonutility units, the 
                        baseline is the NAPAP Emissions Inventory, 
                        Version 2.
                          (ii) Nonutility units not included in the 
                        napap emissions inventory, version 2, or a 
                        corrected database.--For a nonutility unit that 
                        is not included in the NAPAP Emissions 
                        Inventory, Version 2, or a corrected database 
                        established by the Administrator pursuant to 
                        subparagraph (E), the baseline is the annual 
                        average quantity, in million British thermal 
                        units consumed in fuel by the unit, as 
                        calculated pursuant to a method that the 
                        Administrator shall prescribe by regulation.
                  (C) Exclusion of shutdown periods of 4 months or 
                longer.--The Administrator may exclude periods during 
                which a unit is shut down for a continuous period of 4 
                calendar months or longer and make appropriate 
                adjustments under this paragraph.
                  (D) Adjustment for accidents.--On petition of the 
                owner or operator of a unit, the Administrator may make 
                appropriate baseline adjustments for accidents that 
                caused prolonged outages.
                  (E) Database.--The Administrator shall, on 
                application or on the Administrator's own motion, 
                supplement data needed in support of this subdivision 
                and correct any factual errors in data from which 
                affected Phase II units' baselines or actual 1985 
                sulfur dioxide emission rates have been calculated. 
                Corrected data shall be used for purposes of issuing 
                allowances under this subdivision. The corrections 
                shall not be subject to judicial review, nor shall the 
                failure of the Administrator to correct an alleged 
                factual error in the reports be subject to judicial 
                review.
          (7) Basic phase ii allowance allocation.--The term ``basic 
        Phase II allowance allocation'' means--
                  (A) for calendar years 2000 to 2009, an allocation of 
                allowances made by the Administrator pursuant to 
                section 233103 of this title and paragraph (1), (3), or 
                (4) of subsection (b), paragraph (1), (2), (3), or (5) 
                of subsection (c), paragraph (1), (2), (4), or (5) of 
                subsection (d), subsection (e) or (f), paragraph (1), 
                (2), (3), (4), or (5) of subsection (g), or subsection 
                (h)(1), (i), or (j) of section 233105 of this title; 
                and
                  (B) for each calendar year beginning in 2010, an 
                allocation of allowances made by the Administrator 
                pursuant to section 233103 of this title and paragraph 
                (1), (3), or (4) of subsection (b), paragraph (1), (2), 
                (3), or (5) of subsection (c), paragraph (1), (2), (4), 
                or (5) of subsection (d), subsection (e) or (f), 
                paragraph (1), (2), (3), (4), or (5) of subsection (g), 
                paragraph (1) or (2)(B) of subsection (h), or 
                subsection (i) or (j) of section 233105 of this title.
          (8) Capacity factor.--The term ``capacity factor'' means the 
        ratio of the actual electric output from a unit to the 
        potential electric output from that unit.
          (9) Commence.--The term ``commence'', as applied to 
        construction of a new electric utility unit by an owner or 
        operator, means to--
                  (A) undertake a continuous program of construction; 
                or
                  (B) enter into a contractual obligation to undertake 
                and complete, within a reasonable time, a continuous 
                program of construction.
          (10) Commence commercial operation.--The term ``commence 
        commercial operation'' means to begin to generate electricity 
        for sale.
          (11) Compliance plan.--The term ``compliance plan'' means, 
        for purposes of the requirements of this subdivision--
                  (A) a statement that a source will comply with all 
                applicable requirements under this subdivision; or
                  (B) where applicable, a schedule and description of 
                the method or methods for compliance and certification 
                by an owner or operator that a source is in compliance 
                with the requirements of this subdivision.
          (12) Construction.--The term ``construction'' means 
        fabrication, erection, or installation of an affected unit.
          (13) Continuous emission monitoring system.--The term 
        ``continuous emission monitoring system'' means the equipment, 
        as required by section 233111 of this title, used to sample, 
        analyze, measure, and provide on a continuous basis a permanent 
        record of emissions and flow (expressed in pounds per million 
        British thermal units, pounds per hour, or such other form as 
        the Administrator may prescribe by regulations under section 
        233111 of this title).
          (14) Designated representative.--The term ``designated 
        representative'' means a responsible person or official 
        authorized by the owner or operator of a unit to represent the 
        owner or operator in matters pertaining to the holding, 
        transfer, or disposition of allowances allocated to a unit and 
        the submission of and compliance with permits, permit 
        applications, and compliance plans for the unit.
          (15) Existing unit.--
                  (A) In general.--The term ``existing unit'' means a 
                unit (including a unit subject to section 211111 of 
                this title) that commenced commercial operation before 
                November 15, 1990. Any unit that commenced commercial 
                operation before November 15, 1990, that is modified, 
                reconstructed, or repowered after November 15, 1990, 
                shall continue to be an existing unit for the purposes 
                of this subdivision.
                  (B) Exclusions.--The term ``existing unit'' does not 
                include a simple combustion turbine or a unit that 
                serves a generator with a nameplate capacity of 25 
                megawatts electric or less.
          (16) Existing utility unit.--The term ``existing utility 
        unit'' means an existing unit that is a utility unit.
          (17) Generator.--The term ``generator'' means a device that 
        produces electricity and that is reported as a generating unit 
        pursuant to Department of Energy Form EIA-860.
          (18) Industrial source.--The term ``industrial source'' means 
        a unit that does not serve a generator that produces 
        electricity, a nonutility unit, or a process source (as defined 
        in section 233109 of this title).
          (19) Life-of-the-unit, firm power contractual arrangement.--
        The term ``life-of-the-unit, firm power contractual 
        arrangement'' means a unit participation power sales agreement 
        under which a utility or industrial customer reserves, or is 
        entitled to receive, a specified amount or percentage of 
        capacity and associated energy generated by a specified 
        generating unit (or units) and pays its proportional amount of 
        the unit's total costs, pursuant to a contract--
                  (A) for the life of the unit;
                  (B) for a cumulative term of not less than 30 years, 
                including contracts that permit an election for early 
                termination; or
                  (C) for a period equal to or greater than 25 years or 
                70 percent of the economic useful life of the unit 
                determined as of the time the unit is built, with 
                option rights to purchase or re-lease a portion of the 
                capacity and associated energy generated by the unit 
                (or units) at the end of the period.
          (20) NAPAP.--The term ``NAPAP'' means the National Acid 
        Precipitation Assessment Program.
          (21) New unit.--The term ``new unit'' means a unit that 
        commences commercial operation on or after November 15, 1990.
          (22) New utility unit.--The term ``new utility unit'' means a 
        new unit that is a utility unit.
          (23) Nonutility unit.--The term ``nonutility unit'' means a 
        unit other than a utility unit.
          (24) Permitting authority.--The term ``permitting authority'' 
        means--
                  (A) the Administrator; or
                  (B) a State or local air pollution control agency, 
                with an approved permitting program under subdivision 
                6.
          (25) Phase ii bonus allowance allocation.--The term ``Phase 
        II bonus allowance allocation'' means, for calendars years 2000 
        through 2009, an allocation made by the Administrator pursuant 
        to--
                  (A) section 233103 of this title;
                  (B) subsections (a)(2), (b)(2), (c)(4), (d)(3) 
                (except as otherwise provided therein), and (h)(2) of 
                section 233105 of this title; or
                  (C) section 233106 of this title.
          (26) Qualifying phase i technology.--The term ``qualifying 
        phase I technology'' means a technological system of continuous 
        emission reduction that achieves a 90 percent reduction in 
        emissions of sulfur dioxide from the emissions that would have 
        resulted from the use of fuels that were not subject to 
        treatment prior to combustion.
          (27) Repower.--
                  (A) In general.--The term ``repower'' means--
                          (i) to replace an existing coal-fired boiler 
                        with 1 of the clean coal technologies described 
                        in subparagraph (B); or
                          (ii) to be an oil- or gas-fired unit that was 
                        awarded clean coal technology demonstration 
                        funding as of January 1, 1991, by the 
                        Department of Energy.
                  (B) Clean coal technologies.--The clean coal 
                technologies described in subparagraph (A)(i) are--
                          (i) atmospheric or pressurized fluidized bed 
                        combustion technology;
                          (ii) integrated gasification combined cycle 
                        technology;
                          (iii) magnetohydrodynamic technology;
                          (iv) direct and indirect coal-fired turbine 
                        technology;
                          (v) integrated gasification fuel cell 
                        technology;
                          (vi) a derivative of 1 or more of the 
                        technologies described in clauses (i) through 
                        (v), as determined by the Administrator in 
                        consultation with the Secretary of Energy; and
                          (vii) any other technology capable of 
                        controlling multiple combustion emissions 
                        simultaneously with improved boiler or 
                        generation efficiency and with significantly 
                        greater waste reduction relative to the 
                        performance of technology in widespread 
                        commercial use as of November 15, 1990.
          (28) Reserve.--The term ``reserve'' means a bank of 
        allowances established by the Administrator under this 
        subdivision.
          (29) State.--The term ``State'' means 1 of the 48 contiguous 
        States and the District of Columbia.
          (30) Unit.--The term ``unit'' means a fossil fuel-fired 
        combustion device used to generate electricity.
          (31) Utility unit.--
                  (A) In general.--The term ``utility unit'' means--
                          (i) a unit that serves a generator in any 
                        State that produces electricity for sale; or
                          (ii) a unit that, during 1985, served a 
                        generator in any State that produced 
                        electricity for sale.
                  (B) Exclusions.--The term ``utility unit'' does not 
                include--
                          (i) a unit that--
                                  (I) was in commercial operation 
                                during 1985; but
                                  (II) did not, during 1985, serve a 
                                generator in any State that produced 
                                electricity for sale; or
                          (ii) a unit that cogenerates steam and 
                        electricity, unless the unit is constructed for 
                        the purpose of supplying, or commences 
                        construction after November 15, 1990, and 
                        supplies, more than \1/3\ of its potential 
                        electric output capacity and more than 25 
                        megawatts electrical output to any utility 
                        power distribution system for sale.
Sec. 233103. Sulfur dioxide allowance program for existing units and 
                    new units
  (a) Allocations of Annual Allowances for Existing Units and New 
Units.--
          (1) In general.--For the emission limitation programs under 
        this subdivision, the Administrator shall allocate annual 
        allowances for the unit, to be held or distributed by the 
        designated representative of the owner or operator of each 
        affected unit at an affected source in accordance with this 
        subdivision, in an amount equal to the annual tonnage emission 
        limitation calculated under section 233105, 233106, or 233109 
        of this title except as otherwise specifically provided 
        elsewhere in this subdivision.
          (2) Total annual emissions.--
                  (A) In general.--Except as provided in paragraphs (2) 
                and (3) of section 233105(a) and section 233109 of this 
                title, the Administrator shall not allocate annual 
                allowances to emit sulfur dioxide pursuant to section 
                233105 of this title in such an amount as would result 
                in total annual emissions of sulfur dioxide from 
                utility units in excess of 8,900,000 tons, except that 
                the Administrator shall not take into account unused 
                allowances carried forward by owners and operators of 
                affected units or by other persons holding such 
                allowances, following the year for which they were 
                allocated.
                  (B) Reduction in basic phase ii allowance 
                allocations.--If necessary to meet the restrictions 
                imposed in subparagraph (A), the Administrator shall 
                reduce, pro rata, the basic Phase II allowance 
                allocations for each unit subject to the requirements 
                of section 233105 of this title.
          (3) Annual allocation.--Subject to section 233115 of this 
        title, the Administrator shall allocate allowances for each 
        affected unit at an affected source annually, as provided in 
        this subsection and section 233108 of this title.
          (4) Removal from commercial operation.--Except as provided in 
        section 233109 of this title, the removal of an existing unit 
        from commercial operation at any time shall not terminate or 
        otherwise affect the allocation of allowances pursuant to 
        section 233105 of this title to which the unit is entitled.
          (5) Cost.--Allowances shall be allocated by the Administrator 
        without cost to the recipient, except for allowances sold by 
        the Administrator pursuant to section 233115 of this title.
          (6) List of allocations.--The Administrator shall publish a 
        proposed list of the basic Phase II allowance allocations, the 
        Phase II bonus allowance allocations and, if applicable, 
        allocations pursuant to section 233105(a)(3) of this title for 
        each unit subject to the emission limitation requirements of 
        section 233105 of this title for the year 2000 and the year 
        2010. After notice and opportunity for public comment, the 
        Administrator shall publish a final list of such allocations, 
        subject to section 233105(a)(2) of this title. The 
        Administrator shall publish a revised final statement of 
        allowance allocations, subject to section 233105(a)(2) of this 
        title.
  (b) Allowance Transfer System.--
          (1) In general.--Allowances allocated under this subdivision 
        may be transferred among designated representatives of the 
        owners or operators of affected sources under this subdivision 
        and any other person that holds allowances, as provided by the 
        allowance system regulations promulgated by the Administrator. 
        The regulations shall establish the allowance system prescribed 
        under this section, including requirements for the allocation, 
        transfer, and use of allowances under this subdivision.
          (2) Use of allowances.--The regulations shall--
                  (A) prohibit the use of any allowance prior to the 
                calendar year for which the allowance is allocated; and
                  (B) provide, consistent with the purposes of this 
                subdivision, for the identification of unused 
                allowances and for unused allowances to be carried 
                forward and added to allowances allocated in subsequent 
                years, including allowances allocated to units subject 
                to Phase I requirements (as described in section 404 of 
                the Clean Air Act (42 U.S.C. 7651c) (as in effect 
                before the repeal of that section)) that are applied to 
                emission limitations requirements in Phase II (as 
                described in section 233105 of this title).
          (3) Certification of transfer.--A transfers of allowances 
        shall not be effective until written certification of the 
        transfer, signed by a responsible official of each party to the 
        transfer, is received and recorded by the Administrator.
          (4) Pre-allocation transfers.--The regulations shall permit 
        the transfer of an allowance prior to issuance of the 
        allowance. Recorded pre-allocation transfers shall be deducted 
        by the Administrator from the number of allowances that would 
        otherwise be allocated to the transferor, and added to the 
        allowances allocated to the transferee. A pre-allocation 
        transfer shall not affect the prohibition contained in this 
        subsection against the use of an allowance prior to the year 
        for which the allowance is allocated.
  (c) Allowance Tracking System.--
          (1) In general.--The Administrator shall by regulation 
        promulgate a system for issuing, recording, and tracking 
        allowances, which shall specify all necessary procedures and 
        requirements for an orderly and competitive functioning of the 
        allowance system. All allowance allocations and transfers 
        shall, on recordation by the Administrator, be deemed a part of 
        each unit's permit requirements pursuant to section 233108 of 
        this title, without any further permit review and revision.
          (2) Electric reliability.--
                  (A) In general.--To ensure electric reliability--
                          (i) the regulations shall not prohibit or 
                        affect temporary increases and decreases in 
                        emissions from units in a utility system, power 
                        pool, or utility entering into an allowance 
                        pool agreement that result from their 
                        operations (including emergencies and central 
                        dispatch); and
                          (ii) such temporary emissions increases and 
                        decreases shall not require transfer of 
                        allowances among units or require recordation.
                  (B) Designated representatives.--The owners or 
                operators of such units shall act through a designated 
                representative.
                  (C) Total tonnage of emissions.--The total tonnage of 
                emissions in any calendar year (calculated at the end 
                thereof) from all such units shall not exceed the total 
                allowances for such units for the calendar year 
                concerned.
  (d) New Utility Units.--It shall be unlawful for a new utility unit 
to emit an annual tonnage of sulfur dioxide in excess of the number of 
allowances to emit held for the unit by the unit's owner or operator. A 
new utility unit shall not be eligible for an allocation of sulfur 
dioxide allowances under subsection (a) unless the new utility unit is 
subject to paragraph (2) or (3) of section 233105(g) of this title. A 
new utility unit may obtain an allowance from any person in accordance 
with this subdivision. The owner or operator of any new utility unit in 
violation of this subsection shall be liable for fulfilling the 
obligations specified in section 233110 of this title.
  (e) Nature of Allowances.--
          (1) Limited authorization.--An allowance allocated under this 
        subdivision is a limited authorization to emit sulfur dioxide 
        in accordance with this subdivision.
          (2) Not a property right.--An allowance does not constitute a 
        property right.
          (3) No limitation on authority to terminate or limit 
        authorization.--Nothing in this subdivision or in any other 
        provision of law shall be construed to limit the authority of 
        the United States to terminate or limit an allowance.
          (4) Other provisions.--Nothing in this section relating to 
        allowances shall be construed as affecting the application of 
        any other provision of this division (including provisions 
        relating to applicable NAAQSes and State implementation plans) 
        to, or compliance with any other such provision by, an affected 
        unit or affected source.
          (5) State law.--Nothing in this section shall be construed as 
        requiring a change of any kind in any State law regulating 
        electric utility rates and charges or affecting any State law 
        regarding such State regulation or as limiting State regulation 
        (including any prudency review) under such a State law.
          (6) Federal power act.--Nothing in this section shall be 
        construed as modifying the Federal Power Act (16 U.S.C. 791a et 
        seq.) or as affecting the authority of the Federal Energy 
        Regulatory Commission under that Act.
          (7) Competitive bidding.--Nothing in this subdivision shall 
        be construed to interfere with or impair any program for 
        competitive bidding for power supply in a State in which the 
        program is established.
          (8) Permits.--An allowance, once allocated to a person by the 
        Administrator, may be received, held, and temporarily or 
        permanently transferred in accordance with this subdivision 
        (including the regulations of the Administrator) without regard 
        to whether a permit is in effect under subdivision 6 or section 
        233108 of this title with respect to the unit for which the 
        allowance was originally allocated and recorded. Each permit 
        under this subdivision and each permit issued under subdivision 
        6 for any affected unit shall provide that the affected unit 
        may not emit an annual tonnage of sulfur dioxide in excess of 
        the allowances held for that affected unit.
  (f) Prohibition.--
          (1) Holding, use, or transfer of allowance.--It shall be 
        unlawful for any person to hold, use, or transfer an allowance 
        allocated under this subdivision except in accordance with 
        regulations promulgated by the Administrator.
          (2) Emissions.--
                  (A) In general.--It shall be unlawful for any 
                affected unit to emit sulfur dioxide in excess of the 
                number of allowances held for that affected unit for 
                that year by the owner or operator of the unit.
                  (B) Other emission limitations.--On the allocation of 
                allowances under this subdivision, the prohibition 
                contained in subparagraph (A) shall supersede any other 
                emission limitation applicable under this subdivision 
                to the units for which the allowances are allocated.
          (3) Calendar year for use.--An allowance may not be used 
        prior to the calendar year for which the allowance is 
        allocated.
          (4) Permitting, monitoring, and enforcement.--Nothing in this 
        section (including the allowance system regulations) shall--
                  (A) relieve the Administrator of the Administrator's 
                permitting, monitoring, and enforcement obligations 
                under this division; or
                  (B) relieve affected sources of their requirements 
                and liabilities under this division.
  (g) Competitive Bidding for Power Supply.--Nothing in this 
subdivision shall be construed to interfere with or impair any program 
for competitive bidding for power supply in a State in which such a 
program is established.
  (h) Applicability of Antitrust Laws.--
          (1) Definition of antitrust laws.--In this section, the term 
        ``antitrust laws'' has the meaning given the term in the 1st 
        section of the Clayton Act (15 U.S.C. 12).
          (2) Effect of section.--Nothing in this section affects--
                  (A) the applicability of the antitrust laws to the 
                transfer, use, or sale of an allowance; or
                  (B) the authority of the Federal Energy Regulatory 
                Commission under any provision of law respecting unfair 
                methods of competition or anticompetitive acts or 
                practices.
Sec. 233104. Conservation and renewable energy reserve; alternative 
                    allowance allocation for units in certain utility 
                    systems with optional baseline
  (a) Conservation and Renewable Energy Reserve.--
          (1) Establishment.--The Administrator shall establish a 
        conservation and renewable energy reserve (referred to in this 
        subsection as the ``Reserve'').
          (2) Allocations.--The Administrator may allocate from the 
        Reserve an amount equal to a total of 300,000 allowances for 
        emissions of sulfur dioxide pursuant to section 233103 of this 
        title.
          (3) Reduction of basic phase ii allowance allocation.--To 
        provide 300,000 allowances for the Reserve, in each year 
        through calendar year 2009, the Administrator shall reduce each 
        unit's basic Phase II allowance allocation on the basis of its 
        pro rata share of 30,000 allowances.
          (4) Remaining allowances.--If allowances remain in the 
        Reserve after January 2, 2010, the Administrator shall allocate 
        those allowances for affected units under section 233105 of 
        this title on a pro rata basis.
          (5) Pro rata basis.--For purposes of this subsection, for any 
        unit subject to the emission limitation requirements of section 
        233105 of this title, the term ``pro rata basis'' refers to the 
        ratio that--
                  (A) the reductions made in the unit's allowances to 
                establish the Reserve; bears to
                  (B) the total of such reductions for all such units.
  (b) Alternative Allowance Allocation for Units in Certain Utility 
Systems With Optional Baseline.--
          (1) Optional baseline for units in certain systems.--
                  (A) In general.--In the case of a unit described in 
                subparagraph (B), at the election of the owner or 
                operator of the unit made not later than March 1, 1991, 
                the unit's baseline may be calculated--
                          (i) as provided under section 233102(6) of 
                        this title; or
                          (ii) by utilizing the unit's average annual 
                        fuel consumption at a 60 percent capacity 
                        factor.
                  (B) Units.--A unit referred to in subparagraph (A) is 
                a unit that was subject to the emission limitation 
                requirements of section 404 of the Clean Air Act (42 
                U.S.C. 7651c) (as in effect before the repeal of that 
                section) that, as of November 15, 1990--
                          (i) had an emission rate below 1.0 pound per 
                        million British thermal units;
                          (ii) had decreased its sulfur dioxide 
                        emission rate by 60 percent or greater since 
                        1980; and
                          (iii) was part of a utility system that had a 
                        weighted average sulfur dioxide emission rate 
                        for all fossil fuel-fired units below 1.0 pound 
                        per million British thermal units.
          (2) Allowance allocation.--
                  (A) In general.--When the owner or operator of a unit 
                described in paragraph (1) elects to calculate the 
                unit's baseline as provided in paragraph (1)(A)(ii), 
                the Administrator shall allocate allowances for the 
                unit pursuant to section 233103(a)(1) of this title, 
                this section, and section 233105 of this title (as 
                basic Phase II allowance allocations) in an amount 
                equal to--
                          (i) the baseline selected; multiplied by
                          (ii) the lower of--
                                  (I) the average annual emission rate 
                                for the unit in 1989; or
                                  (II) 1.0 pound per million British 
                                thermal units.
                  (B) Allowance in lieu of other allocation.--An 
                allowance allocation under subparagraph (A) shall be in 
                lieu of any allocation of allowances under this section 
                and section 233105 of this title.
Sec. 233105. Phase II sulfur dioxide requirements
  (a) Applicability.--
          (1) In general.--
                  (A) Existing units.--Each existing utility unit as 
                provided in this subsection is subject to the 
                limitations or requirements of this section.
                  (B) Affected units.--Each utility unit subject to an 
                annual sulfur dioxide tonnage emission limitation under 
                this section is an affected unit under this 
                subdivision.
                  (C) Affected sources.--Each source that includes 1 or 
                more affected units is an affected source.
                  (D) Existing units not in operation during 1985.--In 
                the case of an existing unit that was not in operation 
                during calendar year 1985, the emission rate for a 
                calendar year after 1985, as determined by the 
                Administrator, shall be used in lieu of the 1985 rate.
                  (E) Unit operated in violation of this section.--The 
                owner or operator of any unit operated in violation of 
                this section shall be fully liable under this chapter 
                for fulfilling the obligations specified in section 
                233110 of this title.
          (2) Allocation of phase ii bonus allowances.--
                  (A) Allocation.--In addition to basic Phase II 
                allowance allocations, in each year ending in calendar 
                year 2009, the Administrator shall allocate up to 
                530,000 Phase II bonus allowances pursuant to 
                subsections (b)(2) and (c)(4), subparagraphs (A) and 
                (B) of subsection (d)(3), and subsection (h)(2) and 
                section 233106 of this title.
                  (B) Calculation.--The Administrator shall--
                          (i) calculate, for each unit granted an 
                        extension pursuant to section 409 of the Clean 
                        Air Act (42 U.S.C. 7651h) (as in effect before 
                        the repeal of that section), the difference 
                        between--
                                  (I) the number of allowances 
                                allocated for the unit in calendar year 
                                2000; and
                                  (II)(aa) the unit's baseline; 
                                multiplied by
                                  (bb) 1.20 pounds per million British 
                                thermal units; divided by
                                  (cc) 2000; and
                          (ii) sum the calculations for all such units.
                  (C) Deduction.--In each year ending in calendar year 
                2009, the Administrator shall deduct from each unit's 
                basic Phase II allowance allocation its pro rata share 
                of 10 percent of the sum calculated pursuant to 
                subparagraph (B).
          (3) Additional allowances.--
                  (A) In general.--In addition to basic Phase II 
                allowance allocations and Phase II bonus allowance 
                allocations, the Administrator shall allocate for each 
                unit listed on table A and located in Illinois, 
                Indiana, Ohio, Georgia, Alabama, Missouri, 
                Pennsylvania, West Virginia, Kentucky, or Tennessee 
                allowances in an amount equal to--
                          (i) 50,000; multiplied by
                          (ii) the unit's pro rata share of the total 
                        number of basic Phase II allowances allocated 
                        for all units listed on table A.

                             Table A.--Units
------------------------------------------------------------------------
              State                        Plant Name          Generator
------------------------------------------------------------------------
Alabama.........................  Colbert....................          1
                                                                       2
                                                                       3
                                                                       4
                                                                       5
                                  E.C. Gaston................          1
                                                                       2
                                                                       3
                                                                       4
Florida.........................  Big Bend...................          1
                                                                       2
                                                                       3
                                  Crist......................          6
                                                                       7
Georgia.........................  Bowen......................          1
                                                                       2
                                                                       3
                                                                       4
                                  Hammond....................          1
                                                                       2
                                                                       3
                                                                       4
                                  J. McDonough...............          1
                                                                       2
                                  Wansley....................          1
                                                                       2
                                  Yates......................          1
                                                                       2
                                                                       3
                                                                       4
                                                                       5
                                                                       6
                                                                       7
Illinois........................  Baldwin....................          1
                                                                       2
                                                                       3
                                  Coffeen....................          1
                                                                       2
                                  Grand Tower................          4
                                  Hennepin...................          2
                                  Kincaid....................          1
                                                                       2
                                  Meredosia..................          3
                                  Vermilion..................          2
Indiana.........................  Bailly.....................          7
                                                                       8
                                  Breed......................
                                  Cayuga.....................          1
                                                                       2
                                  E. W. Stout................          5
                                                                       6
                                                                       7
                                  F. B. Culley...............          2
                                                                       3
                                  F. E. Ratts................          1
                                                                       2
                                  Gibson.....................          1
                                                                       2
                                                                       3
                                                                       4
                                  H. T. Pritchard............
                                  Michigan City..............         12
                                  Petersburg.................          1
                                                                       2
                                  R. Gallagher...............          1
                                                                       2
                                                                       3
                                                                       4
                                  Tanners Creek..............          4
                                  Wabash River...............          1
                                                                       2
                                                                       3
                                                                       5
                                                                       6
                                  Warrick....................          4
Iowa............................  Burlington.................          1
                                  Des Moines.................          7
                                  George Neal................          1
                                  M.L. Kapp..................          2
                                  Prairie Creek..............          4
                                  Riverside..................          5
Kansas..........................  Quindaro...................          2
Kentucky........................  Coleman....................          1
                                                                       2
                                                                       3
                                  Cooper.....................          1
                                                                       2
                                  E.W. Brown.................          1
                                                                       2
                                                                       3
                                  Elmer Smith................          1
                                                                       2
                                  Ghent......................          1
                                  Green River................          4
                                  H.L. Spurlock..............          1
                                  Henderson II...............          1
                                                                       2
                                  Paradise...................          3
                                  Shawnee....................         10
Maryland........................  Chalk Point................          1
                                                                       2
                                  C. P. Crane................          1
                                                                       2
                                  Morgantown.................          1
                                                                       2
Michigan........................  J. H. Campbell.............          1
                                                                       2
Minnesota.......................  High Bridge................          6
Mississippi.....................  Jack Watson................          4
                                                                       5
Missouri........................  Asbury.....................          1
                                  James River................          5
                                  Labadie....................          1
                                                                       2
                                                                       3
                                                                       4
                                  Montrose...................          1
                                                                       2
                                                                       3
                                  New Madrid.................          1
                                                                       2
                                  Sibley.....................          3
                                  Sioux......................          1
                                                                       2
                                  Thomas Hill................          1
                                                                       2
NewHampshire....................  Merrimack..................          1
                                                                       2
New Jersey......................  B.L. England...............          1
                                                                       2
New York........................  Dunkirk....................          3
                                                                       4
                                  Greenidge..................          4
                                  Milliken...................          1
                                                                       2
                                  Northport..................          1
                                                                       2
                                                                       3
                                  Port Jefferson.............          3
                                                                       4
Ohio............................  Ashtabula..................          5
                                  Avon Lake..................          8
                                                                       9
                                  Cardinal...................          1
                                                                       2
                                  Conesville.................          1
                                                                       2
                                                                       3
                                                                       4
                                  Eastlake...................          1
                                                                       2
                                                                       3
                                                                       4
                                                                       5
                                  Edgewater..................          4
                                  Gen. J.M. Gavin............          1
                                                                       2
                                  Miami Fort.................          5
                                                                       6
                                                                       7
                                  Muskingum River............          1
                                                                       2
                                                                       3
                                                                       4
                                                                       5
                                  Niles......................          1
                                                                       2
                                  Picway.....................          5
                                  R.E. Burger................          3
                                                                       4
                                                                       5
                                  W.H. Sammis................          5
                                                                       6
                                                                       7
                                  W.C. Beckjord..............          5
                                                                       6
Pennsylvania....................  Armstrong..................          1
                                                                       2
                                  Brunner Island.............          1
                                                                       2
                                                                       3
                                  Cheswick...................          1
                                  Conemaugh..................          1
                                                                       2
                                  Hatfield's Ferry...........          1
                                                                       2
                                                                       3
                                  Martins Creek..............          1
                                                                       2
                                  Portland...................          1
                                                                       2
                                  Shawville..................          1
                                                                       2
                                                                       3
                                                                       4
                                  Sunbury....................          3
                                                                       4
Tennessee.......................  Allen......................          1
                                                                       2
                                                                       3
                                  Cumberland.................          1
                                                                       2
                                  Gallatin...................          1
                                                                       2
                                                                       3
                                                                       4
                                  Johnsonville...............          1
                                                                       2
                                                                       3
                                                                       4
                                                                       5
                                                                       6
                                                                       7
                                                                       8
                                                                       9
                                                                      10
West Virginia...................  Albright...................          3
                                  Fort Martin................          1
                                                                       2
                                  Harrison...................          1
                                                                       2
                                                                       3
                                  Kammer.....................          1
                                                                       2
                                                                       3
                                  Mitchell...................          1
                                                                       2
                                  Mount Storm................          1
                                                                       2
                                                                       3
Wisconsin.......................  Edgewater..................          4
                                  La Crosse/Genoa............          3
                                  Nelson Dewey...............          1
                                                                       2
                                  N. Oak Creek...............          1
                                                                       2
                                                                       3
                                                                       4
                                  Pulliam....................          8
                                  S. Oak Creek...............          5
                                                                       6
                                                                       7
                                                                       8
------------------------------------------------------------------------

                  (B) Allowances not subject to 8,900,000 ton 
                limitation.--Allowances allocated pursuant to this 
                paragraph shall not be subject to the 8,900,000 ton 
                limitation under section 223103(a) of this title.
  (b) Units Equal to or Greater Than 75 Megawatts Electric and 1.20 
Pounds Per Million British Thermal Units.--
          (1) General prohibition.--Except as otherwise provided in 
        paragraph (3), unless the owner or operator of the existing 
        utility unit holds allowances to emit not less than the 
        existing utility unit's total annual emissions, it shall be 
        unlawful for an existing unit that serves a generator with 
        nameplate capacity equal to, or greater, than 75 megawatts 
        electric and an actual 1985 sulfur dioxide emission rate equal 
        to or greater than 1.20 pounds per million British thermal 
        units to exceed an annual sulfur dioxide tonnage emission 
        limitation equal to--
                  (A) the unit's baseline; multiplied by
                  (B) an emission rate equal to 1.20 pounds per million 
                British thermal units; divided by
                  (C) 2,000.
          (2) Additional allowances for units with an actual 1985 
        sulfur dioxide emission rate greater than 1.20 pounds per 
        million british thermal units and less than 2.50 pounds per 
        million british thermal units and a baseline capacity factor of 
        less than 60 percent.--In addition to allowances allocated 
        pursuant to paragraph (1) and section 233103(a) of this title 
        as basic Phase II allowance allocations, for each calendar year 
        through 2009, the Administrator shall allocate annually for 
        each unit subject to the emission limitation requirements of 
        paragraph (1) with an actual 1985 sulfur dioxide emission rate 
        greater than 1.20 pounds per million British thermal units and 
        less than 2.50 pounds per million British thermal units and a 
        baseline capacity factor of less than 60 percent, allowances 
        from the reserve created pursuant to subsection (a)(2) in an 
        amount equal to--
                  (A) 1.20 pounds per million British thermal units; 
                multiplied by
                  (B) 50 percent of the difference, on a British 
                thermal unit basis, between--
                          (i) the unit's baseline; and
                          (ii) the unit's fuel consumption at a 60 
                        percent capacity factor.
          (3) Prohibition applicable to certain units consuming lignite 
        coal.--Unless the owner or operator of the existing unit holds 
        allowances to emit not less than the existing unit's total 
        annual emissions, it shall be unlawful for an existing utility 
        unit with an actual 1985 sulfur dioxide emission rate equal to 
        or greater than 1.20 pounds per million British thermal units 
        whose annual average fuel consumption during 1985, 1986, and 
        1987 on a British thermal unit basis exceeded 90 percent in the 
        form of lignite coal located in a State in which, as of July 1, 
        1989, no county or portion of a county was designated 
        nonattainment under section 107 of the Clean Air Act (42 U.S.C. 
        7407) (as in effect on that date) for any pollutant subject to 
        the requirements of section 109 of the Clean Air Act (42 U.S.C. 
        7409) (as in effect on that date) to exceed an annual sulfur 
        dioxide tonnage limitation equal to--
                  (A) the unit's baseline; multiplied by
                  (B) the lesser of--
                          (i) the unit's actual 1985 sulfur dioxide 
                        emission rate; or
                          (ii) its allowable 1985 sulfur dioxide 
                        emission rate; divided by
                  (C) 2,000.
          (4) Allowances for certain units converted to coal.--
                  (A) In general.--The Administrator shall allocate 
                annually for each unit that is subject to the emission 
                limitation requirements of paragraph (1) and is located 
                in a State with an installed electrical generating 
                capacity of more than 30,000,000 kilowatts in 1988 and 
                for which was issued a prohibition order or a proposed 
                prohibition order (from burning oil), which unit 
                subsequently converted to coal between January 1, 1980, 
                and December 31, 1985, allowances equal to the 
                difference between--
                          (i)(I) the unit's annual fuel consumption, on 
                        a British thermal unit basis, at a 65 percent 
                        capacity factor; multiplied by
                          (II) the lesser of the unit's actual emission 
                        rate or allowable emission rate during the 1st 
                        full calendar year after conversion; divided by
                          (III) 2,000; and
                          (ii) the number of allowances allocated for 
                        the unit pursuant to paragraph (1).
                  (B) Restriction.--
                          (i) In general.--The number of allowances 
                        allocated pursuant to this paragraph shall not 
                        exceed an annual total of 5,000.
                          (ii) Reduction of allowance.--If necessary to 
                        meeting the restriction imposed by clause (i), 
                        the Administrator shall reduce, pro rata, the 
                        annual allowances allocated for each unit under 
                        this paragraph.
  (c) Coal- or Oil-Fired Units Below 75 Megawatts Electric and Above 
1.20 Pounds Per Million British Thermal Units.--
          (1) Utility operating companies with capacity equal to or 
        greater than 250 megawatts electric.--Except as provided in 
        paragraph (3), unless the owner or operator of the unit holds 
        allowances to emit not less than the unit's total annual 
        emissions, it shall be unlawful for a coal- or oil-fired 
        existing utility unit that serves a generator with nameplate 
        capacity of less than 75 megawatts electric and an actual 1985 
        sulfur dioxide emission rate equal to or greater than 1.20 
        pounds per million British thermal units and that is a unit 
        owned by a utility operating company whose aggregate nameplate 
        fossil fuel steam-electric capacity was, as of December 31, 
        1989, equal to or greater than 250 megawatts electric to exceed 
        an annual sulfur dioxide emission limitation equal to--
                  (A) the unit's baseline; multiplied by
                  (B) an emission rate equal to 1.20 pounds per million 
                British thermal units; divided by
                  (C) 2,000.
          (2) Utility operating companies with capacity of less than 
        250 megawatts electric.--Unless the owner or operator of the 
        unit holds allowances to emit not less than the unit's total 
        annual emissions, it shall be unlawful for a coal or oil-fired 
        existing utility unit that serves a generator with nameplate 
        capacity of less than 75 megawatts electric and an actual 1985 
        sulfur dioxide emission rate equal to or greater than 1.20 
        pounds per million British thermal units (excluding units 
        subject to section 211111 of this title or to a federally 
        enforceable emission limitation for sulfur dioxide equivalent 
        to an annual rate of less than 1.20 pounds per million British 
        thermal units) and that is a unit owned by a utility operating 
        company whose aggregate nameplate fossil fuel steam-electric 
        capacity was, as of December 31, 1989, less than 250 megawatts 
        electric to exceed an annual sulfur dioxide tonnage emission 
        limitation equal to--
                  (A) the unit's baseline; multiplied by
                  (B) the lesser of the unit's actual 1985 sulfur 
                dioxide emission rate or its allowable 1985 sulfur 
                dioxide emission rate; divided by
                  (C) 2,000.
          (3) Certain existing utility units with capacity of less than 
        75 megawatts electric and an actual 1985 sulfur dioxide 
        emission rate equal to or greater than 1.20 pounds per million 
        british thermal units.--
                  (A) Before january 2, 2010.--Unless the owner or 
                operator of the unit holds allowances to emit not less 
                than the unit's total annual emissions, it shall be 
                unlawful for an existing utility unit that has a 
                nameplate capacity of less than 75 megawatts electric 
                and an actual 1985 sulfur dioxide emission rate equal 
                to or greater than 1.20 pounds per million British 
                thermal units that became operational on or before 
                December 31, 1965, and that is owned by a utility 
                operating company with, as of December 31, 1989, a 
                total fossil fuel steam-electric generating capacity of 
                greater than 250 and less than 450 megawatts electric 
                that served fewer than 78,000 electrical customers as 
                of November 15, 1990, to exceed an annual sulfur 
                dioxide emission tonnage limitation equal to--
                          (i) the unit's baseline; multiplied by
                          (ii) the lesser of its actual 1985 sulfur 
                        dioxide emission rate or its allowable 1985 
                        sulfur dioxide emission rate; divided by
                          (iii) 2,000.
                  (B) After january 1, 2010.--After January 1, 2010, it 
                shall be unlawful for a unit described in subparagraph 
                (A) to exceed an annual emission tonnage limitation 
                equal to--
                          (i) its baseline; multiplied by
                          (ii) an emission rate of 1.20 pounds per 
                        million British thermal units; divided by
                          (iii) 2,000.
          (4) Additional allowances for certain units with an actual 
        1985 emission rate of less than 2.50 pounds per million british 
        thermal units.--In addition to allowances allocated pursuant to 
        paragraph (1) and section 233103(a) of this title as basic 
        Phase II allowance allocations, for each calendar year through 
        2009, the Administrator shall allocate annually for each unit 
        subject to the emission limitation requirements of paragraph 
        (1) with an actual 1985 sulfur dioxide emission rate equal to 
        or greater than 1.20 and less than 2.50 pounds per million 
        British thermal units and a baseline capacity factor of less 
        than 60 percent allowances from the reserve created pursuant to 
        subsection (a)(2) in an amount equal to--
                  (A) 1.20 pounds per million British thermal units; 
                multiplied by
                  (B) 50 percent of the difference, on a British 
                thermal unit basis, between--
                          (i) the unit's baseline; and
                          (ii) the unit's fuel consumption at a 60 
                        percent capacity factor.
          (5) Certain units that are part of certain electric utility 
        systems.--
                  (A) Before january 2, 2010.--
                          (i) In general.--Unless the owner or operator 
                        of the existing utility unit holds for use 
                        allowances to emit not less than the unit's 
                        total annual emissions, it shall be unlawful 
                        for any existing utility unit with a nameplate 
                        capacity below 75 megawatts electric and an 
                        actual 1985 sulfur dioxide emission rate equal 
                        to or greater than 1.20 pounds per million 
                        British thermal units that is part of an 
                        electric utility system described in clause 
                        (ii) to exceed an annual sulfur dioxide 
                        emissions tonnage limitation equal to--
                                  (I) the unit's baseline; multiplied 
                                by
                                  (II) an emission rate of 2.5 pounds 
                                per million British thermal units; 
                                divided by
                                  (III) 2,000.
                          (ii) Electric utility systems described.--An 
                        electric utility system described in clause (i) 
                        is an electric utility system that, as of 
                        November 15, 1990--
                                  (I) had at least 20 percent of its 
                                fossil-fuel capacity controlled by flue 
                                gas desulfurization devices;
                                  (II) had more than 10 percent of its 
                                fossil-fuel capacity consisting of 
                                coal-fired units of less than 75 
                                megawatts electric; and
                                  (III) had units of greater than 400 
                                megawatts electric all of which have 
                                difficult or very difficult FGD 
                                Retrofit Cost Factors (according to the 
                                Emissions and the FGD Retrofit 
                                Feasibility at the 200 Top Emitting 
                                Generating Stations, prepared for EPA 
                                on January 10, 1986).
                  (B) After january 1, 2010.--After January 1, 2010, it 
                shall be unlawful for a unit described in subparagraph 
                (A) to exceed an annual emission tonnage limitation 
                equal to--
                          (i) the unit's baseline; multiplied by
                          (ii) an emission rate of 1.20 pounds per 
                        million British thermal units; divided by
                          (iii) 2,000.
  (d) Coal-Fired Units Below 1.20 Pounds Per Million British Thermal 
Units.--
          (1) Less than 0.60 pound per million british thermal units.--
        Unless the owner or operator of the unit holds allowances to 
        emit not less than the unit's total annual emissions, it shall 
        be unlawful for any coal-fired existing utility unit the lesser 
        of whose actual 1985 sulfur dioxide emission rate or allowable 
        1985 sulfur dioxide emission rate is less than 0.60 pound per 
        million British thermal units to exceed an annual sulfur 
        dioxide tonnage emission limitation equal to--
                  (A) the unit's baseline; multiplied by
                  (B) the lesser of 0.60 pound per million British 
                thermal units or the unit's allowable 1985 sulfur 
                dioxide emission rate; multiplied by
                  (C) 120 percent; divided by
                  (D) 2,000.
          (2) Equal to or greater than 0.60 pound per million british 
        thermal units.--Unless the owner or operator of the unit holds 
        allowances to emit not less than the unit's total annual 
        emissions, it shall be unlawful for any coal-fired existing 
        utility unit the lesser of whose actual 1985 sulfur dioxide 
        emission rate or allowable 1985 sulfur dioxide emission rate is 
        equal to or greater than 0.60 and less than 1.20 pounds per 
        million British thermal units to exceed an annual sulfur 
        dioxide tonnage emission limitation equal to--
                  (A) the unit's baseline; multiplied by--
                  (B) the lesser of its actual 1985 sulfur dioxide 
                emission rate or its allowable 1985 sulfur dioxide 
                emission rate; multiplied by
                  (C) 120 percent; divided by
                  (D) 2,000.
          (3) Additional allowances.--
                  (A) Less than 0.60 pound per million british thermal 
                units.--In addition to allowances allocated pursuant to 
                paragraph (1) and section 233103(a) of this title as 
                basic Phase II allowance allocations, at the election 
                of the designated representative of the operating 
                company, for each calendar year through 2009, the 
                Administrator shall allocate annually for each unit 
                subject to the emission limitation requirements of 
                paragraph (1) allowances from the reserve created 
                pursuant to subsection (a)(2) in an amount equal to the 
                amount by which--
                          (i)(I) the lesser of 0.60 pound per million 
                        British thermal units or the unit's allowable 
                        1985 sulfur dioxide emission rate; multiplied 
                        by
                          (II) the unit's baseline adjusted to reflect 
                        operation at a 60 percent capacity factor; 
                        divided by
                          (III) 2,000; exceeds
                          (ii) the number of allowances allocated for 
                        the unit pursuant to paragraph (1) and section 
                        233103(a) of this title as basic Phase II 
                        allowance allocations.
                  (B) Equal to or greater than 0.60 pound per million 
                british thermal units.--In addition to allowances 
                allocated pursuant to paragraph (2) and section 
                233103(a) of this title as basic Phase II allowance 
                allocations, at the election of the designated 
                representative of the operating company, for each 
                calendar year through 2009, the Administrator shall 
                allocate annually for each unit subject to the emission 
                limitation requirements of paragraph (2) allowances 
                from the reserve created pursuant to subsection (a)(2) 
                in an amount equal to the amount by which--
                          (i)(I)(aa) the lesser of the unit's actual 
                        1985 sulfur dioxide emission rate or its 
                        allowable 1985 sulfur dioxide emission rate; 
                        multiplied by
                          (bb) the unit's baseline adjusted to reflect 
                        operation at a 60 percent capacity factor; 
                        divided by
                          (II) 2,000; exceeds
                          (ii) the number of allowances allocated for 
                        the unit pursuant to paragraph (2) and section 
                        233103(a) of this title as basic Phase II 
                        allowance allocations.
                  (C) Election.--An operating company with units 
                subject to the emission limitation requirements of this 
                subsection may elect the allocation of allowances as 
                provided under subparagraphs (A) and (B). Such an 
                election shall apply to the annual allowance allocation 
                for each unit in the operating company subject to the 
                emission limitation requirements of this subsection. 
                The Administrator shall allocate allowances pursuant to 
                subparagraphs (A) and (B) only in accordance with this 
                subparagraph.
          (4) Alternative allocation.--Notwithstanding any other 
        provision of this section, at the election of the owner or 
        operator, the Administrator shall allocate, in lieu of 
        allocation pursuant to paragraph (1), (2), (3), or (5), 
        allowances for a unit subject to the emission limitation 
        requirements of this subsection that commenced commercial 
        operation on or after January 1, 1981, and before December 31, 
        1985, that was subject to, and in compliance with, section 
        211111 of this title in an amount equal to--
                  (A) the unit's annual fuel consumption, on a British 
                thermal unit basis, at a 65 percent capacity factor; 
                multiplied by
                  (B) the unit's allowable 1985 sulfur dioxide emission 
                rate; divided by
                  (C) 2,000.
          (5) Allowances for oil- or gas-fired units awarded a clean 
        coal technology demonstration grant.--For the purposes of this 
        section, in the case of an oil- or gas-fired unit that was 
        awarded a clean coal technology demonstration grant as of 
        January 1, 1991, by EPA, the Administrator shall allocate for 
        the oil- or gas-fired unit allowances in an amount equal to--
                  (A) the unit's baseline; multiplied by
                  (B) 1.20 pounds per million British thermal units; 
                divided by
                  (C) 2,000.
  (e) Oil- or Gas-Fired Existing Utility Units Equal to or Greater Than 
0.60 and Less Than 1.20 Pounds Per Million British Thermal Units.--
Unless the owner or operator of the unit holds allowances to emit not 
less than the unit's total annual emissions, it shall be unlawful for 
any oil- or gas-fired existing utility unit the lesser of whose actual 
1985 sulfur dioxide emission rate or allowable 1985 sulfur dioxide 
emission rate is equal to or greater than 0.60 but less than 1.20 
pounds per million British thermal units to exceed an annual sulfur 
dioxide tonnage limitation equal to--
          (1) the unit's baseline; multiplied by
          (2) the lesser of the unit's allowable 1985 sulfur dioxide 
        emission rate or its actual 1985 sulfur dioxide emission rate; 
        multiplied by
          (3) 120 percent; divided by
          (4) 2,000.
  (f) Oil- or Gas-Fired Units Less Than 0.60 Pound Per Million British 
Thermal Units.--
          (1) Emission limitation.--Unless the owner or operator of the 
        unit holds allowances to emit not less than the unit's total 
        annual emissions, it shall be unlawful for any oil- or gas-
        fired existing utility unit the lesser of whose actual 1985 
        sulfur dioxide emission rate or allowable 1985 sulfur dioxide 
        emission rate is less than 0.60 pound per million British 
        thermal units and whose average annual fuel consumption during 
        the period 1980 to 1989 on a British thermal unit basis was 90 
        percent or less in the form of natural gas to exceed an annual 
        sulfur dioxide tonnage emission limitation equal to--
                  (A) the unit's baseline; multiplied by
                  (B) the lesser of 0.60 pound per million British 
                thermal units or the unit's allowable 1985 emissions; 
                multiplied by
                  (C) 120 percent; divided by
                  (D) 2,000.
          (2) Additional allowances.--
                  (A) In general.--In addition to allowances allocated 
                pursuant to paragraph (1) as basic Phase II allowance 
                allocations and section 233103(a) of this title, the 
                Administrator shall allocate--
                          (i) for each unit described in subparagraph 
                        (B)(i) its pro rata share of 7,000 allowances; 
                        and
                          (ii) for each unit described in subparagraph 
                        (B)(ii) its pro rata share of 2,000 allowances.
                  (B) Unit description.--A unit referred to in 
                subparagraph (A) is--
                          (i) any unit operated by a utility that 
                        furnishes electricity, electric energy, steam, 
                        and natural gas within an area consisting of a 
                        city and 1 contiguous county; and
                          (ii) any unit owned by a State authority, the 
                        output of which unit is furnished within that 
                        same area consisting of a city and 1 contiguous 
                        county.
  (g) Units That Commenced Operation Between 1986 and December 31, 
1995.--
          (1) Emission limitation.--Unless the owner or operator of the 
        utility unit holds allowances to emit not less than the unit's 
        total annual emissions, it shall be unlawful for a utility unit 
        that commenced commercial operation on or after January 1, 
        1986, but not later than September 30, 1990, to exceed an 
        annual tonnage emission limitation equal to--
                  (A) the unit's annual fuel consumption, on a British 
                thermal unit basis, at a 65 percent capacity factor; 
                multiplied by
                  (B) the unit's allowable 1985 sulfur dioxide emission 
                rate (converted, if necessary, to pounds per million 
                British thermal units); divided by
                  (C) 2,000.
          (2) Additional allowances for certain units.--
                  (A) In general.--The Administrator shall allocate 
                allowances pursuant to section 233103 of this title to 
                each unit that is listed in table B in an annual amount 
                equal to the amount specified in table B.

                                 TABLE B
 
                          Unit                              Allowances
 
  Brandon Shores........................................           8,907
  Miller 4..............................................           9,197
  TNP One 2.............................................           4,000
  Zimmer 1..............................................          18,458
  Spruce 1..............................................           7,647
  Clover 1..............................................           2,796
  Clover 2..............................................           2,796
  Twin Oak 2............................................           1,760
  Twin Oak 1............................................           9,158
  Cross 1...............................................           6,401
  Malakoff 1............................................           1,759
 

                  (B) Allowances under other paragraphs.--
                Notwithstanding any other paragraph of this subsection, 
                for units subject to this paragraph, the Administrator 
                shall not allocate allowances pursuant to any other 
                paragraph of this subsection, except that the owner or 
                operator of a unit listed in table B may elect an 
                allocation of allowances under another paragraph of 
                this subsection in lieu of an allocation under this 
                paragraph.
          (3) Allowances for units that commenced commercial operation 
        on or after october 1, 1990, but not later than december 31, 
        1992.--The Administrator shall allocate to the owner or 
        operator of a utility unit that commenced commercial operation 
        on or after October 1, 1990, but not later than December 31, 
        1992, allowances in an amount equal to--
                  (A) the unit's annual fuel consumption, on a British 
                thermal unit basis, at a 65 percent capacity factor; 
                multiplied by
                  (B) the lesser of 0.30 pound per million British 
                thermal units or the unit's allowable sulfur dioxide 
                emission rate (converted, if necessary, to pounds per 
                million British thermal units); divided by
                  (C) 2,000.
          (4) Allowances for units that commenced construction before 
        december 31, 1990, and commenced commercial operation between 
        january 1, 1993, and december 31, 1995.--The Administrator 
        shall allocate to the owner or operator of any utility unit 
        that commenced construction before December 31, 1990, and 
        commenced commercial operation between January 1, 1993, and 
        December 31, 1995, allowances in an amount equal to--
                  (A) the unit's annual fuel consumption, on a British 
                thermal unit basis, at a 65 percent capacity factor; 
                multiplied by
                  (B) the lesser of 0.30 pound per million British 
                thermal units or the unit's allowable sulfur dioxide 
                emission rate (converted, if necessary, to pounds per 
                million British thermal units); divided by
                  (C) 2,000.
          (5) Certain existing utility units that completed conversion 
        from predominantly gas-fired existing operation to coal-fired 
        operation between january 1, 1985, and december 31, 1987.--
        Unless the owner or operator of the unit holds allowances equal 
        to its actual emissions, it shall be unlawful for any existing 
        utility unit that completed conversion from predominantly gas-
        fired existing operation to coal-fired operation between 
        January 1, 1985, and December 31, 1987, for which there has 
        been allocated a proposed or final prohibition order pursuant 
        to section 301(b) of the Powerplant and Industrial Fuel Use Act 
        of 1978 (42 U.S.C. 8341(b)) to exceed an annual sulfur dioxide 
        tonnage emission limitation equal to--
                  (A) the unit's annual fuel consumption, on a British 
                thermal unit basis, at a 65 percent capacity factor; 
                multiplied by
                  (B) the lesser of 1.20 pounds per million British 
                thermal units or the unit's allowable 1987 sulfur 
                dioxide emission rate; divided by
                  (C) 2,000.
          (6) Inapplicability to certain facilities.--Unless the 
        Administrator has approved a designation of the facility under 
        section 233109 of this title, this subdivision shall not apply 
        to--
                  (A) a qualifying small power production facility or 
                qualifying cogeneration facility (within the meaning of 
                section 3 of the Federal Power Act (16 U.S.C. 796)); or
                  (B) a new independent power production facility (as 
                defined in section 233115(a) of this title) except that 
                section 233115(a)(4)(C) of this title shall not apply 
                for purposes of this paragraph if, as of November 15, 
                1990--
                          (i) an applicable power sales agreement had 
                        been executed;
                          (ii) the facility was the subject of a State 
                        regulatory authority order requiring an 
                        electric utility to enter into a power sales 
                        agreement with, purchase capacity from, or (for 
                        purposes of establishing terms and conditions 
                        of the electric utility's purchase of power) 
                        enter into arbitration concerning, the 
                        facility;
                          (iii) an electric utility had issued a letter 
                        of intent or similar instrument committing to 
                        purchase power from the facility at a 
                        previously offered or lower price and a power 
                        sales agreement was executed within a 
                        reasonable period of time; or
                          (iv) the facility had been selected as a 
                        winning bidder in a utility competitive bid 
                        solicitation)).
  (h) Oil- or Gas-Fired Units Whose Fuel Consumption During the Period 
1980 to 1989 Exceeded 90 Percent in the Form of Natural Gas.--
          (1) Emission limitation.--Unless the owner or operator of the 
        unit holds allowances to emit not less than the oil- or gas-
        fired utility unit's total annual emissions, it shall be 
        unlawful for any oil- or gas-fired utility unit whose average 
        annual fuel consumption during the period 1980 to 1989 on a 
        British thermal unit basis exceeded 90 percent in the form of 
        natural gas to exceed an annual sulfur dioxide tonnage 
        limitation equal to--
                  (A) the unit's baseline; multiplied by
                  (B) the unit's actual 1985 sulfur dioxide emission 
                rate; divided by
                  (C) 2,000.
          (2) Additional allowances.--
                  (A) Through 2009.--In addition to allowances 
                allocated pursuant to paragraph (1) and section 
                233103(a) of this title as basic Phase II allowance 
                allocations, for each calendar year through 2009, the 
                Administrator shall allocate annually for each unit 
                subject to the emission limitation requirements of 
                paragraph (1) allowances from the reserve created 
                pursuant to subsection (a)(2) in an amount equal to--
                          (i) the unit's baseline; multiplied by
                          (ii) 0.050 pound per million British thermal 
                        units; divided by
                          (iii) 2,000.
                  (B) Beginning january 1, 2010.--In addition to 
                allowances allocated pursuant to paragraph (1) and 
                section 233103(a) of this title, beginning January 1, 
                2010, the Administrator shall allocate annually for 
                each unit subject to the emission limitation 
                requirements of paragraph (1) allowances in an amount 
                equal to--
                          (i) the unit's baseline; multiplied by
                          (ii) 0.050 pound per million British thermal 
                        units; divided by
                          (iii) 2,000.
  (i) Units in High Growth States.--
          (1) Units located in a state that experienced a growth in 
        population in excess of 25 percent between 1980 and 1988 and 
        had an installed electrical generating capacity of more than 
        30,000,000 kilowatts in 1988.--
                  (A) In general.--In addition to allowances allocated 
                pursuant to this section and section 233103(a) of this 
                title as basic Phase II allowance allocations, the 
                Administrator shall allocate annually allowances for 
                each unit described in subparagraph (B) in an amount 
                equal to the difference between--
                          (i) the number of allowances that would be 
                        allocated for the unit pursuant to the emission 
                        limitation requirements of this section 
                        applicable to the unit adjusted to reflect the 
                        unit's annual average fuel consumption on a 
                        British thermal unit basis of any 3 consecutive 
                        calendar years between 1980 and 1989 
                        (inclusive) as elected by the owner or 
                        operator; and
                          (ii) the number of allowances allocated for 
                        the unit pursuant to the emission limitation 
                        requirements of this section.
                  (B) Units.--A unit referred to in subparagraph (A) is 
                a unit that is subject to an emission limitation 
                requirement under this section and is located in a 
                State that--
                          (i) experienced a growth in population in 
                        excess of 25 percent between 1980 and 1988 
                        according to State Population and Household 
                        Estimates, With Age, Sex, and Components of 
                        Change: 1981-1988 allocated by the Secretary of 
                        Commerce; and
                          (ii) had an installed electrical generating 
                        capacity of more than 30,000,000 kilowatts in 
                        1988.
                  (C) Limitation.--The number of allowances allocated 
                pursuant to this paragraph shall not exceed an annual 
                total of 40,000. If necessary to meet the 40,000 
                allowance restriction, the Administrator shall reduce 
                pro rata the additional annual allowances allocated to 
                each unit under this paragraph.
          (2) Certain units the lesser of whose actual 1980 emission 
        rate or allowable 1980 emission rate had declined by 50 percent 
        or more as of november 15, 1990.--
                  (A) In general.--In addition to allowances allocated 
                pursuant to this section and section 233103(a) of this 
                title as basic Phase II allowance allocations, the 
                Administrator shall allocate annually for each unit 
                described in subparagraph (B) allowances in an amount 
                equal to the difference between--
                          (i) the number of allowances that would be 
                        allocated for the unit pursuant to the emission 
                        limitation requirements of subsection (b)(1) 
                        adjusted to reflect the unit's annual average 
                        fuel consumption on a British thermal unit 
                        basis for any 3 consecutive years between 1980 
                        and 1989 (inclusive), as elected by the owner 
                        or operator; and
                          (ii) the number of allowances allocated for 
                        the unit pursuant to the emission limitation 
                        requirements of subsection (b)(1).
                  (B) Units.--A unit referred to in subparagraph (A) is 
                a unit subject to the emission limitation requirements 
                of subsection (b)(1)--
                          (i) the lesser of whose actual 1980 emission 
                        rate or allowable 1980 emission rate had 
                        declined by 50 percent or more as of November 
                        15, 1990;
                          (ii) whose actual emission rate was less than 
                        1.2 pounds per million British thermal units as 
                        of January 1, 2000;
                          (iii) that commenced operation after January 
                        1, 1970;
                          (iv) that is owned by a utility company whose 
                        combined commercial and industrial kilowatt-
                        hour sales increased by more than 20 percent 
                        between calendar year 1980 and November 15, 
                        1990; and
                          (v) whose company-wide fossil-fuel sulfur 
                        dioxide emission rate declined 40 percent or 
                        more from 1980 to 1988.
                  (C) Limitation.--The number of allowances allocated 
                pursuant to this paragraph shall not exceed an annual 
                total of 5,000. If necessary to meet the 5,000 
                allowance restriction, the Administrator shall reduce 
                pro rata the additional allowances allocated to each 
                unit pursuant to this paragraph.
  (j) Certain Municipally Owned Powerplants.--
          (1) Additional allowances.--In addition to allowances 
        allocated pursuant to this section and section 233103(a) of 
        this title as basic Phase II allowance allocations, the 
        Administrator shall allocate annually for each unit described 
        in paragraph (2) allowances in an amount equal to--
                  (A) the unit's annual fuel consumption on a British 
                thermal unit basis at a 60 percent capacity factor; 
                multiplied by
                  (B) the lesser of its allowable 1985 sulfur dioxide 
                emission rate or its actual 1985 sulfur dioxide 
                emission rate; divided by
                  (C) 2,000.
          (2) Units.--A unit referred to in paragraph (1) is a 
        municipally owned oil- or gas-fired existing utility unit with 
        nameplate capacity equal to or less than 40 megawatts electric 
        the lesser of whose actual 1985 sulfur dioxide emission rate or 
        allowable 1985 sulfur dioxide emission rate is less than 1.20 
        pounds per million British thermal units.
Sec. 233106. Allowances for States with emission rates at or below 0.80 
                    pound per million British thermal units
  (a) Election of Governor.--In addition to basic Phase II allowance 
allocations, on the election of the Governor of any State with a 
statewide 1985 sulfur dioxide emission rate equal to or less than 0.80 
pound per million British thermal units averaged over all fossil fuel-
fired utility steam generating units, for each calendar year through 
2009, the Administrator shall allocate, in lieu of other Phase II bonus 
allowance allocations, allowances from the reserve created pursuant to 
section 233105(a)(2) of this title to all such units in the State in an 
amount equal to--
          (1) 125,000; multiplied by
          (2) the unit's pro rata share of electricity generated in 
        calendar year 1985 at fossil fuel-fired utility steam units in 
        all States eligible for the election.
  (b) Notification of Administrator.--Pursuant to section 233103(a) of 
this title, each Governor of a State eligible to make an election under 
subsection (a) shall notify the Administrator of the election. If the 
Governor of any such State fails to notify the Administrator of the 
Governor's election, the Administrator shall allocate allowances 
pursuant to section 233105 of this title.
  (c) Allowances After January 1, 2010.--After January 1, 2010, the 
Administrator shall allocate allowances to units subject this section 
pursuant to section 233105 of this title.
Sec. 233107. Nitrogen oxide emission reduction program
  (a) Applicability.--A coal-fired utility unit that is an affected 
unit pursuant to section 233105 of this title is an affected unit for 
purposes of this section and shall be subject to the emission 
limitations for nitrogen oxides established under subsection (b).
  (b) Emission Limitations.--
          (1) Annual allowable emission limitations.--
                  (A) In general.--The Administrator shall by 
                regulation establish annual allowable emission 
                limitations for nitrogen oxides for the types of 
                utility boilers listed below, which limitations shall 
                not exceed--
                          (i) for tangentially fired boilers, 0.45 
                        pound per million British thermal units; or
                          (ii) for dry bottom wall-fired boilers (other 
                        than units applying cell burner technology), 
                        0.50 pound per million British thermal units.
                  (B) Higher rate.--The Administrator may set a rate 
                higher than that listed for any type of utility boiler 
                if the Administrator finds that the maximum listed rate 
                for that boiler type cannot be achieved using low 
                nitrogen oxide burner technology.
                  (C) Prohibition.--It shall be unlawful for any unit 
                that is an affected unit on January 1, 1995, and is of 
                the type listed in this paragraph to emit nitrogen 
                oxides in excess of the emission rates set by the 
                Administrator pursuant to this paragraph.
          (2) Allowable emission limitations on a pound per million 
        British thermal unit, annual average basis.--
                  (A) In general.--The Administrator shall by 
                regulation establish allowable emission limitations on 
                a pound per million British thermal unit, annual 
                average basis, for nitrogen oxides for the following 
                types of utility boilers:
                          (i) Wet bottom wall-fired boilers.
                          (ii) Cyclones.
                          (iii) Units applying cell burner technology.
                          (iv) All other types of utility boilers.
                  (B) Basis.--The Administrator shall base such rates 
                on the degree of reduction achievable through the 
                retrofit application of the best system of continuous 
                emission reduction, taking into account available 
                technology, costs, and energy and environmental 
                impacts, the costs of which are comparable to the costs 
                of nitrogen oxides controls set pursuant to subsection 
                (b)(1).
                  (C) Revision of applicable emission limitations for 
                tangentially fired and dry bottom, wall-fired boilers 
                (other than cell burners).--
                          (i) In general.--Not later than January 1, 
                        1997, the Administrator may revise the 
                        applicable emission limitations for 
                        tangentially fired and dry bottom wall-fired 
                        boilers (other than cell burners) to be more 
                        stringent if the Administrator determines that 
                        more effective low nitrogen oxide burner 
                        technology is available.
                          (ii) Limitation.--No unit that was an 
                        affected unit pursuant to section 404 of the 
                        Clean Air Act (42 U.S.C. 7651c) (as in effect 
                        before the repeal of that section) and that is 
                        subject to subsection (b)(1) shall be subject 
                        to the revised emission limitations under 
                        clause (i), if any.
  (c) Revised Performance Standards.--The Administrator shall 
promulgate revised standards of performance under section 211111 of 
this title for nitrogen oxides emissions from fossil fuel-fired steam 
generating units, including utility units and nonutility units. The 
revised standards of performance shall reflect improvements in methods 
for the reduction of emissions of nitrogen oxides.
  (d) Alternative Emission Limitations.--
          (1) In general.--A permitting authority shall, on request of 
        an owner or operator of a unit subject to this section, 
        authorize an emission limitation less stringent than the 
        applicable limitation established under subsection (b) on a 
        determination that--
                  (A) a unit subject to subsection (b)(1) cannot meet 
                the applicable limitation using low nitrogen oxide 
                burner technology; or
                  (B) a unit subject to subsection (b)(2) cannot meet 
                the applicable rate using the technology on which the 
                Administrator based the applicable emission limitation.
          (2) Basis.--The permitting authority shall base a 
        determination under paragraph (1) on a showing satisfactory to 
        the permitting authority, in accordance with regulations 
        established by the Administrator, that the owner or operator--
                  (A) has properly installed appropriate control 
                equipment designed to meet the applicable emission 
                rate;
                  (B) has properly operated the equipment for a period 
                of 15 months (or such other period of time as the 
                Administrator determines through the regulations), and 
                provides operating and monitoring data for that period 
                demonstrating that the unit cannot meet the applicable 
                emission rate; and
                  (C) has specified an emission rate that the unit can 
                meet on an annual average basis.
          (3) Operating permit.--The permitting authority--
                  (A) shall issue an operating permit for the unit in 
                accordance with section 233108 of this title and 
                subdivision 6 that permits the unit, during the 
                demonstration period described in paragraph (2)(B), to 
                emit at a rate in excess of the applicable emission 
                rate; and
                  (B) at the conclusion of the demonstration period, 
                shall revise the operating permit to reflect the 
                alternative emission rate demonstrated under 
                subparagraphs (B) and (C) of paragraph (2).
          (4) No additional control technology.--A unit subject to 
        subsection (b)(1) for which an alternative emission limitation 
        is established shall not be required to install any control 
        technology except low nitrogen oxide burners.
          (5) Alternative nitrogen oxide control technology.--Nothing 
        in this section shall preclude an owner or operator from 
        installing and operating an alternative nitrogen oxide control 
        technology capable of achieving the applicable emission 
        limitation.
  (e) Emissions Averaging.--
          (1) In general.--In lieu of complying with the applicable 
        emission limitations under paragraph (1) or (2) of subsection 
        (b) or under subsection (d), the owner or operator of 2 or more 
        units subject to 1 or more of the applicable emission 
        limitations set pursuant to those provisions may petition the 
        permitting authority for alternative contemporaneous annual 
        emission limitations for the units that ensure that the actual 
        annual emission rate in pounds of nitrogen oxides per million 
        British thermal units averaged over the units in question is a 
        rate that is less than or equal to the British thermal unit-
        weighted average annual emission rate for the same units if 
        they had been operated, during the same period of time, in 
        compliance with limitations set in accordance with the 
        applicable emission rates set pursuant to paragraphs (1) and 
        (2) of subsection (b).
          (2) Operating permits.--If the permitting authority 
        determines, in accordance with regulations issued by the 
        Administrator, that the conditions in paragraph (1) can be met, 
        the permitting authority shall issue operating permits for the 
        units in accordance with section 233108 of this title and 
        subdivision 6 that allow alternative contemporaneous annual 
        emission limitations. Such emission limitations shall remain in 
        effect only while both units continue operation under the 
        conditions specified in their respective operating permits.
Sec. 233108. Permits and compliance plans
  (a) Permit Program.--
          (1) In general.--This subdivision shall be implemented, 
        subject to section 233103 of this title, by permits issued to 
        units subject to this subdivision in accordance with 
        subdivision 6 and enforced in accordance with that subdivision, 
        as modified by this subdivision.
          (2) Prohibitions.--Any such permit issued by the 
        Administrator, or by a State with an approved permit program, 
        shall prohibit--
                  (A) annual emissions of sulfur dioxide in excess of 
                the number of allowances to emit sulfur dioxide that 
                the owner or operator, or the designated representative 
                of the owner or operator, of the unit holds for the 
                unit;
                  (B) exceedances of applicable emission rates;
                  (C) the use of any allowance prior to the year for 
                which it was allocated; and
                  (D) contravention of any other provision of the 
                permit.
          (3) Duration.--A permit issued to implement this subdivision 
        shall be issued for a period of 5 years, notwithstanding 
        subdivision 6.
          (4) Inconsistency with requirements.--No permit shall be 
        issued that is inconsistent with the requirements of this 
        subdivision or of subdivision 6 as applicable.
  (b) Compliance Plan.--
          (1) In general.--Each initial permit application shall be 
        accompanied by a compliance plan for the source to comply with 
        its requirements under this subdivision.
          (2) Multiple affected units.--Where an affected source 
        consists of more than 1 affected unit--
                  (A) the plan shall cover all such units; and
                  (B) for purposes of section 235102(c) of this title, 
                the source shall be considered to be a facility.
          (3) Allowances.--Nothing in this section regarding compliance 
        plans or in subdivision 6 shall be construed as affecting 
        allowances.
          (4) Statement deemed to meet compliance planning 
        requirements.--Except as provided under subsection (c)(1)(B), 
        submission of a statement by the owner or operator (or the 
        designated representative of the owners and operators) of a 
        unit subject to the emission limitation requirements of 
        sections 233105 and 233107 of this title that the unit will 
        meet the applicable emission limitation requirements of those 
        sections in a timely manner or, in the case of the emission 
        limitation requirements of section 233105 of this title, that 
        the owner or operator will hold allowances to emit not less 
        than the total annual emissions of the unit, shall be deemed to 
        meet the proposed and approved compliance planning requirements 
        of this section and subdivision 6.
          (5) Transfers of allowances.--Recordation by the 
        Administrator of the transfer of an allowance shall amend 
        automatically all applicable proposed or approved permit 
        applications, compliance plans, and permits.
          (6) Additional requirements.--The Administrator may require--
                  (A) for a source, a demonstration of attainment of 
                NAAQSes; and
                  (B) from the owner or operator of 2 or more affected 
                sources, an integrated compliance plan providing an 
                overall plan for achieving compliance at the affected 
                sources.
  (c) Nitrogen Oxide Emission Permits.--
          (1) In general.--The Administrator shall issue permits to 
        affected sources under section 233107 of this title.
          (2) Permit application and compliance plan.--
                  (A) In general.--The owner or operator, or the 
                designated representative of the owner or operator, of 
                each affected source under section 233107 of this title 
                shall submit a permit application and compliance plan 
                for that source in accordance with regulations issued 
                by the Administrator under paragraph (4). The permit 
                application and the compliance plan shall be binding on 
                the owner or operator and the designated representative 
                of the owner or operator for purposes of this 
                subdivision and shall be enforceable in lieu of a 
                permit until a permit is issued by the Administrator 
                for the source.
                  (B) Reduction of utilization or shutdown.--In the 
                case of a compliance plan for an affected source under 
                section 233107 of this title for which the owner or 
                operator proposes to meet the requirements of that 
                section by reducing utilization of the unit as compared 
                with its baseline or by shutting down the unit, the 
                owner or operator shall include in the proposed 
                compliance plan a specification of the unit or units 
                that will provide electrical generation to compensate 
                for the reduced output at the affected source, or a 
                demonstration that the reduced utilization will be 
                accomplished through energy conservation or improved 
                unit efficiency.
          (3) EPA action on compliance plans.--The Administrator shall 
        review each proposed compliance plan to determine whether it 
        satisfies the requirements of this subdivision, and shall 
        approve or disapprove the plan within 6 months after receipt of 
        a complete submission. If a plan is disapproved, it may be 
        resubmitted for approval with such changes as the Administrator 
        shall require consistent with the requirements of this 
        subdivision and within such period as the Administrator 
        prescribes as part of the disapproval.
          (4) Regulations; issuance of permits.--The Administrator 
        shall promulgate regulations, in accordance with subdivision 6, 
        to implement a Federal permit program to issue permits for 
        affected sources under this subdivision.
  (d) 2d Phase Permits.--
          (1) Permit program.--
                  (A) In general.--To provide for permits for--
                          (i) new electric utility steam generating 
                        units required under section 233103(d) of this 
                        title to have allowances;
                          (ii) affected units or affected sources under 
                        section 233105 of this title; and
                          (iii) existing units subject to nitrogen 
                        oxide emission reductions under section 233107 
                        of this title;
                each State in which 1 or more such units or sources are 
                located shall submit in accordance with subdivision 6 a 
                permit program for approval as provided by that 
                subdivision.
                  (B) Suspension of issuance of permits under 
                subdivision 6.--On approval of the program, for the 
                units or sources subject to the approved program the 
                Administrator shall suspend the issuance of permits 
                under subdivision 6.
          (2) Submission of permit applications and compliance plans.--
        The owner or operator or the designated representative of each 
        affected source under section 233105 of this title shall submit 
        a permit application and compliance plan for that source to the 
        permitting authority.
          (3) Issuance of permits.--
                  (A) In general.--Each State with an approved permit 
                program shall issue permits to the owner or operator, 
                or the designated representative of the owner or 
                operator, of affected sources under section 233105 of 
                this title that satisfy the requirements of this 
                subdivision and subdivision 6 and that submitted to the 
                State a permit application and compliance plan pursuant 
                to paragraph (2). In the case of a State without an 
                approved permit program by July 1, 1996, the 
                Administrator shall issue a permit to the owner or 
                operator or the designated representative of each such 
                affected source. In the case of an affected source for 
                which an application and compliance plan are timely 
                received under paragraph (2), the permit application 
                and the compliance plan, including amendments thereto, 
                shall be binding on the owner or operator or the 
                designated representative of the owner or operator and 
                shall be enforceable as a permit for purposes of this 
                subdivision and subdivision 6 until a permit is issued 
                by the permitting authority for the affected source.
                  (B) Renewals.--The 3d sentence of section 558(c) of 
                title 5 shall apply to permits issued by a permitting 
                authority under this subdivision and subdivision 6.
          (4) Annual tonnage.--A permit issued in accordance with this 
        subsection for an affected source shall provide that the 
        affected units at the affected source may not emit an annual 
        tonnage of sulfur dioxide in excess of the number of allowances 
        to emit sulfur dioxide that the owner or operator or designated 
        representative holds for the unit.
  (e) New Units.--The owner or operator of each source that includes a 
new electric utility steam generating unit shall submit a permit 
application and compliance plan to the permitting authority not later 
than 24 months before the date on which the unit commences operation. 
The permitting authority shall issue a permit to the owner or operator, 
or the designated representative of the owner or operator, of the unit 
that satisfies the requirements of this subdivision and subdivision 6.
  (f) Units Subject to Certain Other Limits.--The owner or operator, or 
designated representative of the owner or operator, of any unit subject 
to an emission rate requirement under section 233107 of this title 
shall submit a permit application and compliance plan for the unit to 
the permitting authority. The permitting authority shall issue a permit 
to the owner or operator that satisfies the requirements of this 
subdivision and subdivision 6, including any appropriate monitoring and 
reporting requirements.
  (g) Amendment of Application and Compliance Plan.--At any time after 
the submission of an application and compliance plan under this 
section, the applicant may submit a revised application and compliance 
plan, in accordance with the requirements of this section. In 
considering any permit application and compliance plan under this 
subdivision, a permitting authority shall ensure coordination with the 
applicable electric ratemaking authority, in the case of regulated 
utilities, and with unregulated public utilities.
  (h) Prohibitions.--
          (1) Failure to submit application or compliance plan.--It 
        shall be unlawful for an owner or operator, or designated 
        representative, required to submit a permit application or 
        compliance plan under this subdivision to fail to submit an 
        application or compliance plan in accordance with the deadlines 
        specified in this section or to otherwise fail to comply with 
        regulations implementing this section.
          (2) Operation.--It shall be unlawful for any person to 
        operate any source subject to this subdivision except in 
        compliance with the terms and requirements of a permit 
        application and compliance plan (including amendments thereto) 
        or permit issued by the Administrator or a State with an 
        approved permit program. For purposes of this subsection, 
        compliance, as provided in section 235104(f) of this title, 
        with a permit issued under subdivision 6 that complies with 
        this subdivision for sources subject to this subdivision shall 
        be deemed to be compliance with this subsection and with 
        section 235102(a) of this title.
          (3) Reliability.--To ensure reliability of electric power, 
        nothing in this subdivision or subdivision 6 shall be construed 
        as requiring termination of operations of an electric utility 
        steam generating unit for failure to have an approved permit or 
        compliance plan, except that any such unit may be subject to 
        the applicable enforcement provisions of section 211113 of this 
        title.
  (i) Multiple Owners.--
          (1) In general.--No permit shall be issued under this section 
        to an affected unit until the designated representative of the 
        owner or operator has filed a certificate of representation 
        with regard to matters under this subdivision, including the 
        holding and distribution of allowances and the proceeds of 
        transactions involving allowances.
          (2) Multiple holders of title or leasehold interest; life-of-
        the-unit, firm power contractual arrangements.--
                  (A) In general.--Where there are multiple holders of 
                a legal or equitable title to, or a leasehold interest 
                in, an affected unit, or where a utility or industrial 
                customer purchases power from an affected unit (or 
                units) under life-of-the-unit, firm power contractual 
                arrangements, the certificate shall state--
                          (i) that allowances and the proceeds of 
                        transactions involving allowances will be 
                        deemed to be held or distributed in proportion 
                        to each holder's legal, equitable, leasehold, 
                        or contractual reservation or entitlement; or
                          (ii) if the multiple holders have expressly 
                        provided for a different distribution of 
                        allowances by contract, that allowances and the 
                        proceeds of transactions involving allowances 
                        will be deemed to be held or distributed in 
                        accordance with the contract.
                  (B) Passive lessors.--A passive lessor, or a person 
                that has an equitable interest through a passive 
                lessor, whose rental payments are not based, either 
                directly or indirectly, on the revenues or income from 
                the affected unit shall not be deemed to be a holder of 
                a legal, equitable, leasehold, or contractual interest 
                for the purpose of holding or distributing allowances 
                as provided in this subsection, during the term of the 
                leasehold or thereafter, unless expressly provided for 
                in the leasehold agreement.
                  (C) Single holder.--Except as otherwise provided in 
                this subsection, where all legal or equitable title to 
                or interest in an affected unit is held by a single 
                person, the certification shall state that all 
                allowances received by the unit are deemed to be held 
                for that person.
Sec. 233109. Election for additional sources
  (a) Applicability.--The owner or operator of any unit that is not, 
and will not become, an affected unit under section 233103(d) or 233105 
of this title, or that is a process source under subsection (d), that 
emits sulfur dioxide, may elect to designate that unit or source to 
become an affected unit and to receive allowances under this 
subdivision. An election shall be submitted to the Administrator for 
approval, with a permit application and proposed compliance plan in 
accordance with section 233108 of this title. The Administrator shall 
approve a designation that meets the requirements of this section, and 
the designated unit or source shall be allocated allowances and be an 
affected unit for purposes of this subdivision.
  (b) Establishment of Baseline.--The baseline for a unit designated 
under this section shall be established by the Administrator by 
regulation, based on fuel consumption and operating data for the unit 
for calendar years 1985, 1986, and 1987, or if such data are not 
available, the Administrator may prescribe a baseline based on 
alternative representative data.
  (c) Emission Limitations.--Annual emission limitations for sulfur 
dioxide shall be equal to--
          (1)(A) the baseline; multiplied by
          (B)(i) the lesser of the unit's actual 1985 sulfur dioxide 
        emission rate or allowable 1985 sulfur dioxide emission rate in 
        pounds per million British thermal units; or
          (ii) if the unit did not operate in 1985, the lesser of the 
        unit's actual emission rate or allowable emission rate for a 
        calendar year after 1985 (as determined by the Administrator); 
        divided by
          (2) 2,000.
  (d) Process Sources.--
          (1) In general.--The Administrator shall establish a program 
        under which the owner or operator of a process source that 
        emits sulfur dioxide may elect to designate that source as an 
        affected unit for the purpose of receiving allowances under 
        this subdivision.
          (2) Regulations.--The Administrator shall by regulation--
                  (A) define the sources that may be designated;
                  (B) specify the emission limitation;
                  (C) specify the operating, emission baseline, and 
                other data requirements;
                  (D) prescribe continuous emission monitoring system 
                or other monitoring requirements; and
                  (E) promulgate permit, reporting, and any other 
                requirements necessary to implement the program under 
                paragraph (1).
  (e) Allowances and Permits.--The Administrator shall issue allowances 
to an affected unit under this section in an amount equal to the 
emission limitation calculated under subsection (c) or (d), in 
accordance with section 233103 of this title. Such an allowance may be 
used in accordance with, and shall be subject to, section 233103 of 
this title. An affected source under this section shall be subject to 
the requirements of sections 233103, 233108, 233110, 233111, 233112, 
and 233113 of this title.
  (f) Limitation.--
          (1) In general.--Any unit designated under this section shall 
        not transfer or bank allowances produced as a result of reduced 
        utilization or shutdown, except that such allowances may be 
        transferred or carried forward for use in subsequent years to 
        the extent that--
                  (A) the reduced utilization or shutdown results from 
                the replacement of thermal energy from the unit 
                designated under this section with thermal energy 
                generated by any other unit or units subject to the 
                requirements of this subdivision; and
                  (B) the designated unit's allowances are transferred 
                or carried forward for use at the other replacement 
                unit or units.
          (2) No allowances in an amount greater than the emissions 
        resulting from operation of the source in full compliance.--In 
        no case may the Administrator allocate to a source designated 
        under this section allowances in an amount greater than the 
        emissions resulting from operation of the source in full 
        compliance with the requirements of this division.
          (3) No operation of unit in violation of other 
        requirements.--No such allowances shall authorize operation of 
        a unit in violation of any other requirements of this division.
  (g) Implementation.--The Administrator shall issue regulations to 
implement this section.
Sec. 233110. Excess emission penalty; excess emission offset
  (a) Excess Emissions Penalty.--
          (1) In general.--The owner or operator of any unit or process 
        source subject to the requirements of section 233103, 233105, 
        233106, or 233107 of this title, or designated under section 
        233109 of this title, that emits sulfur dioxide or nitrogen 
        oxides for any calendar year in excess of the unit's emission 
        limitation requirement or, in the case of sulfur dioxide, of 
        the allowances that the owner or operator holds for use for the 
        unit for that calendar year, shall be liable for the payment of 
        an excess emission penalty, except where the emissions are 
        authorized pursuant to section 211110(d) of this title.
          (2) Basis.--A penalty under paragraph (1) shall be calculated 
        on the basis of the number of tons emitted in excess of the 
        unit's emission limitation requirement or, in the case of 
        sulfur dioxide, of the allowances the operator holds for use 
        for the unit for that year, multiplied by $2,000.
          (3) Payment.--A penalty under paragraph (1) shall be due and 
        payable without demand to the Administrator as provided in 
        regulations issued by the Administrator.
          (4) Liability under other sections.--Any penalty under this 
        section shall not diminish the liability of the unit's owner or 
        operator for any fine, penalty, or assessment against a unit 
        for the same violation under any other section of this 
        division.
  (b) Excess Emission Offset.--
          (1) In general.--The owner or operator of any affected source 
        that emits sulfur dioxide during any calendar year in excess of 
        the unit's emission limitation requirement or of the allowances 
        held for the unit for the calendar year shall be liable to 
        offset the excess emission by an equal tonnage amount in the 
        following calendar year, or such longer period as the 
        Administrator may prescribe.
          (2) Plan to achieve offsets.--The owner or operator of the 
        source shall, within 60 days after the end of the year in which 
        the excess emission occurred, submit to the Administrator, and 
        to the State in which the source is located, a proposed plan to 
        achieve the required offsets. On approval of the proposed plan 
        by the Administrator, as submitted, modified, or conditioned, 
        the plan shall be deemed to be a condition of the operating 
        permit for the unit without further review or revision of the 
        permit.
          (3) Deduction of allowances.--In addition to requiring a plan 
        under paragraph (2), the Administrator shall deduct allowances 
        equal to the excess tonnage from those allocated for the source 
        for the calendar year, or succeeding years during which offsets 
        are required, following the year in which the excess emission 
        occurred.
  (c) Penalty Adjustment.--The Administrator shall annually by 
regulation adjust the penalty specified in subsection (a) for 
inflation, based on the Consumer Price Index as of November 15, 1990.
  (d) Prohibition.--It shall be unlawful for the owner or operator of 
any source liable for a penalty and offset under this section to fail 
to--
          (1) pay a penalty under subsection (a);
          (2) provide, and thereafter comply with, a compliance plan as 
        required by subsection (b); or
          (3) offset an excess emission as required by subsection (b).
  (e) Savings Provision.--Nothing in this subdivision shall limit or 
otherwise affect the application of section 203104, 211113, 211114, or 
211119 of this title except as otherwise explicitly provided in this 
subdivision.
Sec. 233111. Monitoring, reporting, and recordkeeping requirements
  (a) Applicability.--
          (1) In general.--The owner or operator of an affected unit at 
        an affected source shall--
                  (A) install and operate a continuous emission 
                monitoring system on each affected unit at the affected 
                source; and
                  (B) ensure the quality of the data for sulfur 
                dioxide, nitrogen oxides, opacity, and volumetric flow 
                at each affected unit.
          (2) Regulations.--
                  (A) In general.--The Administrator shall by 
                regulation specify the requirements for--
                          (i) continuous emission monitoring systems;
                          (ii) any alternative monitoring system that 
                        is demonstrated as providing information with 
                        the same precision, reliability, accessibility, 
                        and timeliness as that provided by a continuous 
                        emission monitoring system; and
                          (iii) recordkeeping and reporting of 
                        information from systems described in clauses 
                        (i) and (ii).
                  (B) Contents.--The regulations may include 
                limitations or the use of alternative compliance 
                methods by units equipped with an alternative 
                monitoring system as necessary to preserve the orderly 
                functioning of the allowance system and ensure the 
                emissions reductions contemplated by this subdivision.
          (3) Single stack.--Where 2 or more units utilize a single 
        stack, a separate continuous emission monitoring system shall 
        not be required for each unit, and for such units the 
        regulations shall require that the owner or operator collect 
        sufficient information to permit reliable compliance 
        determinations for each unit.
  (b) Requirements.--The owner or operator of each affected unit that 
has not previously met the requirements of subsection (a) and section 
412(b) of the Clean Air Act (42 U.S.C. 7651k(b)) (as in effect before 
the repeal of that section) shall install and operate a continuous 
emission monitoring system, ensure the quality of the data, and keep 
records and reports in accordance with the regulations issued under 
subsection (a). On commencement of commercial operation of each new 
utility unit, the unit shall comply with the requirements of subsection 
(a).
  (c) Unavailability of Emission Data.--
          (1) In general.--If continuous emission monitoring system 
        data or data from an alternative monitoring system approved by 
        the Administrator under subsection (a) are not available for 
        any affected unit during any period of a calendar year in which 
        the data are required under this subdivision, and the owner or 
        operator cannot provide information, satisfactory to the 
        Administrator, on emissions during that period, the 
        Administrator--
                  (A) shall deem the unit to be operating in an 
                uncontrolled manner during the entire period for which 
                the data were not available; and
                  (B) shall by regulation prescribe means to calculate 
                emissions for that period.
          (2) Excess emission fees and offsets.--The owner or operator 
        shall be liable for excess emission fees and offsets under 
        section 233110 of this title in accordance with the 
        regulations.
          (3) Liability under other sections.--Any fee due and payable 
        under this subsection shall not diminish the liability of the 
        unit's owner or operator for any fine, penalty, fee, or 
        assessment against the unit for the same violation under any 
        other section of this division.
  (d) Prohibition.--It shall be unlawful for the owner or operator of 
an affected source to operate a source without complying with the 
requirements of this section (including any regulations implementing 
this section).
Sec. 233112. General compliance with other provisions
  Except as expressly provided, compliance with the requirements of 
this subdivision shall not exempt or exclude the owner or operator of 
an affected source from compliance with any other applicable 
requirements of this division.
Sec. 233113. Enforcement
  In addition to the other requirements and prohibitions provided for 
in this subdivision, the operation of any affected unit to emit sulfur 
dioxide in excess of allowances held for the unit shall be deemed a 
violation, with each ton emitted in excess of allowances held 
constituting a separate violation.
Sec. 233114. Clean coal technology regulatory incentives
  (a) Definitions.--In this section:
          (1) Clean coal technology.--The term ``clean coal 
        technology'' means any technology (including technology applied 
        at the precombustion, combustion, or post combustion stage) at 
        a new or existing facility that will achieve significant 
        reductions in air emissions of sulfur dioxide or nitrogen 
        oxides associated with the utilization of coal in the 
        generation of electricity, process steam, or industrial 
        products, that was not in widespread use as of November 15, 
        1990.
          (2) Clean coal technology demonstration project.--The term 
        ``clean coal technology demonstration project'' means a project 
        using funds appropriated under the heading ``Department of 
        Energy--Clean Coal Technology'', up to a total amount of 
        $2,500,000,000 for commercial demonstration of clean coal 
        technology, or a similar project funded through appropriations 
        for EPA.
  (b) Regulations for Clean Coal Technology Demonstrations.--
          (1) Applicability.--This subsection applies to physical or 
        operational changes to existing facilities for the sole purpose 
        of installation, operation, cessation, or removal of a 
        temporary or permanent clean coal technology demonstration 
        project.
          (2) Federal contribution.--The Federal contribution for a 
        clean coal technology demonstration project shall be at least 
        20 percent of the total cost of the clean coal technology 
        demonstration project.
          (3) Temporary projects.--Installation, operation, cessation, 
        or removal of a temporary clean coal technology demonstration 
        project that is operated for a period of 5 years or less, and 
        that complies with the State implementation plans for the State 
        in which the project is located and other requirements 
        necessary to attain and maintain the NAAQSes during and after 
        the project is terminated, shall not subject the facility to 
        the requirements of section 211111 of this title or chapter 213 
        or 215.
          (4) Permanent projects.--For permanent clean coal technology 
        demonstration projects that constitute repowering, a clean coal 
        technology demonstration project shall not be subject to 
        standards of performance under section 211111 of this title or 
        to the review and permitting requirements of chapter 213 for 
        any pollutant the potential emissions of which will not 
        increase as a result of the clean coal technology demonstration 
        project.
          (5) Regulations.--The Administrator shall promulgate 
        regulations or interpretive rulings to revise requirements 
        under section 211111 of this title and chapters 213 and 215, as 
        appropriate, to facilitate projects consistent with this 
        subsection. With respect to chapters 213 and 215, the 
        regulations or rulings shall apply to all areas in which EPA is 
        the permitting authority. In instances in which the State is 
        the permitting authority under chapter 213 or 215, the State 
        may adopt and submit to the Administrator for approval 
        provisions in its implementation plan to apply the regulations 
        or rulings promulgated under this subsection.
  (c) Exemption for Reactivation of Very Clean Units.--Physical changes 
or changes in the method of operation associated with the commencement 
of commercial operations by a coal-fired utility unit after a period of 
discontinued operation shall not subject the unit to the requirements 
of section 211111 of this title or chapter 213 where the unit--
          (1) was not in operation for the 2-year period prior to 
        November 15, 1990, and the emissions from the unit continued to 
        be carried in the permitting authority's emissions inventory as 
        of that date;
          (2) was equipped prior to shutdown with a continuous system 
        of emission control that achieves a removal efficiency for 
        sulfur dioxide of not less than 85 percent and a removal 
        efficiency for particulates of not less than 98 percent;
          (3) is equipped with low-nitrogen oxide burners prior to the 
        time of commencement; and
          (4) is otherwise in compliance with the requirements of this 
        division.
Sec. 233115. Contingency guarantee; auctions; reserve
  (a) Definitions.--In this section:
          (1) Auction subaccount.--The term ``auction subaccount'' 
        means the subaccount for auctions established under subsection 
        (d).
          (2) Direct sale subaccount.--The term ``direct sale 
        subaccount'' means the subaccount for direct sales established 
        under subsection (c).
          (3) Independent power producer.--The term ``independent power 
        producer'' means a person that owns or operates, in whole or in 
        part, 1 or more new independent power production facilities.
          (4) New independent power production facility.--The term 
        ``new independent power production facility'' means a facility 
        that--
                  (A) is used for the generation of electric energy, 80 
                percent or more of which is sold at wholesale;
                  (B) is nonrecourse project-financed (as defined by 
                the Secretary of Energy within 3 months of November 15, 
                1990);
                  (C) does not generate electric energy sold to any 
                affiliate (as defined in section 2(a) of the Public 
                Utility Holding Company Act of 1935) (15 U.S.C. 79b(a)) 
                (as in effect before the repeal of that section) of the 
                facility's owner or operator unless the owner or 
                operator of the facility demonstrates that it cannot 
                obtain allowances from the affiliate; and
                  (D) is a new unit required to hold allowances under 
                this subdivision.
          (5) Required allowances.--The term ``required allowances'' 
        means the allowances required to operate a unit for so much of 
        the unit's useful life as occurs after January 1, 2000.
          (6) Special allowance reserve.--The term ``special allowance 
        reserve'' means the special allowance reserve established under 
        subsection (b).
  (b) Special Allowance Reserve.--
          (1) In general.--The Administrator shall promulgate 
        regulations establishing a special allowance reserve containing 
        allowances to be sold under this section.
          (2) Withholding.--For purposes of establishing the special 
        allowance reserve, the Administrator shall withhold 2.8 percent 
        of the basic Phase II allowance allocation of allowances for 
        each year that would (but for this subsection) be issued for 
        each affected unit at an affected source. The Administrator 
        shall record such withholding for purposes of transferring the 
        proceeds of the allowance sales under this subsection. The 
        allowances so withheld shall be deposited in the special 
        allowance reserve.
  (c) Direct Sale at $1,500 Per Ton.--
          (1) Direct sale subaccount.--In accordance with regulations 
        under this section, the Administrator shall establish a direct 
        sale subaccount in the special allowance reserve. The direct 
        sale subaccount shall contain allowances in the amount of 
        50,000 tons per year for each year.
          (2) Sales.--
                  (A) In general.--Allowances in the direct sale 
                subaccount shall be offered for direct sale to any 
                person at the times and in the amounts specified in 
                table 1 at a price of $1,500 per allowance, adjusted by 
                the Consumer Price Index in the same manner as is 
                provided in paragraph (3).

   Table 1--Number of Allowances Available for Sale at $1,500 Per Ton
------------------------------------------------------------------------
                                   Spot Sale (same
          Year of Sale                  year)            Advance Sale
------------------------------------------------------------------------
2000 and thereafter.............        25,000              25,000
------------------------------------------------------------------------
Allowances sold in the spot sale in any year are allowances that may be
  used only in that year (unless banked for use in a later year).
  Allowances sold in the advance sale in any year are allowances that
  may be used only in the 7th year after the year in which the
  allowances are first offered for sale (unless banked for use in a
  later year).

                  (B) Approval.--Requests to purchase allowances from 
                the direct sale subaccount shall be approved in the 
                order of receipt until no allowances remain in the 
                subaccount, except that an opportunity to purchase such 
                allowances shall be provided to independent power 
                producers before the allowances are offered to any 
                other person.
                  (C) Payment.--Each applicant shall be required to pay 
                50 percent of the total purchase price of the 
                allowances within 6 months after the approval of the 
                request to purchase. The remainder shall be paid on or 
                before the transfer of the allowances.
          (3) Issuance of guaranteed allowances from direct sale 
        subaccount.--From the allowances available in the direct sale 
        subaccount, on payment of the guaranteed price, the 
        Administrator shall issue to any person exercising the right to 
        purchase allowances pursuant to a guarantee under this 
        subsection the allowances covered by the guarantee. Persons to 
        which guarantees under this subsection have been issued shall 
        have the opportunity to purchase allowances pursuant to the 
        guarantee from the direct sale subaccount before the allowances 
        in the reserve are offered for sale to any other person.
          (4) Proceeds.--Notwithstanding section 3302 of title 31 or 
        any other provision of law, the Administrator shall require 
        that the proceeds of any sale under this subsection be 
        transferred, within 90 days after the sale, without charge, on 
        a pro rata basis to the owners or operators of the affected 
        units from which the allowances were withheld under subsection 
        (b) and that any unsold allowances be transferred to the 
        auction subaccount. No proceeds of any sale under this 
        subsection shall be held by any officer or employee of the 
        United States or treated for any purpose as revenue to the 
        United States or to the Administrator.
          (5) Termination of direct sale subaccount.--If the 
        Administrator determines that, during any period of 2 
        consecutive calendar years, fewer than 20 percent of the 
        allowances available in the direct sale subaccount have been 
        purchased under this paragraph, the Administrator shall 
        terminate the direct sale subaccount and transfer the 
        allowances to the auction subaccount.
  (d) Auction Sales.--
          (1) Auction subaccount.--The Administrator shall establish in 
        the special allowance reserve an auction subaccount. The 
        auction subaccount shall contain allowances to be sold at 
        auction under this section in the amount of 250,000 tons per 
        year.
          (2) Annual auctions.--
                  (A) In general.--In each year, the Administrator 
                shall conduct auctions at which the allowances 
                described in paragraph (1) shall be offered for sale in 
                accordance with regulations promulgated by the 
                Administrator, in consultation with the Secretary of 
                the Treasury.
                  (B) Amounts.--The allowances described in paragraph 
                (1) shall be offered for sale at auction in the amounts 
                specified in table 2.

           Table 2--Number of Allowances Available for Auction
------------------------------------------------------------------------
                                    Spot  Auction
          Year of Sale               (same year)       Advance Auction
------------------------------------------------------------------------
2000 and thereafter.............       100,000             100,000
------------------------------------------------------------------------
Allowances sold in the spot sale in any year are allowances that may
  only be used in that year (unless banked for use in a later year),
  except as otherwise noted. Allowances sold in the advance auction in
  any year are allowances that may only be used in the 7th year after
  the year in which the allowances are first offered for sale (unless
  banked for use in a later year).

                  (C) Submission of bids.--An auction shall be open to 
                any person. A person wishing to bid for allowances 
                shall submit (by a date set by the Administrator) to 
                the Administrator (on a sealed bid schedule provided by 
                the Administrator) offers to purchase specified numbers 
                of allowances at specified prices.
                  (D) Bid price.--The regulations under subparagraph 
                (A) shall specify that the auctioned allowances shall 
                be allocated and sold on the basis of bid price, 
                starting with the highest bid and continuing until all 
                allowances for sale at an auction have been allocated. 
                The regulations shall not permit a minimum price to be 
                set for the purchase of withheld allowances.
                  (E) Use of allowances.--Allowances purchased at the 
                auction may be used for any purpose and at any time 
                after the auction, subject to this subdivision.
          (3) Proceeds.--
                  (A) In general.--Notwithstanding section 3302 of 
                title 31 or any other provision of law, within 90 days 
                after receipt, the Administrator shall transfer the 
                proceeds from the auction under this section, on a pro 
                rata basis, to the owners or operators of the affected 
                units at an affected source from which allowances were 
                withheld under subsection (b). No funds transferred 
                from a purchaser to a seller of allowances under this 
                paragraph shall be held by any officer or employee of 
                the United States or treated for any purpose as revenue 
                to the United States or the Administrator.
                  (B) Allowances not sold.--At the end of each year, 
                any allowances offered for sale but not sold at the 
                auction shall be returned without charge, on a pro rata 
                basis, to the owner or operator of the affected units 
                from whose allocation the allowances were withheld.
          (4) Additional auction participants.--Any person holding 
        allowances or to which allowances are allocated by the 
        Administrator may submit the allowances to the Administrator to 
        be offered for sale at auction under this subsection. The 
        proceeds of any such sale shall be transferred at the time of 
        sale by the purchaser to the person submitting the allowances 
        for sale. The holder of allowances offered for sale under this 
        paragraph may specify a minimum sale price. Any person may 
        purchase allowances offered for auction under this paragraph. 
        The allowances shall be allocated and sold to purchasers on the 
        basis of bid price after the auction under paragraph (2) is 
        complete. No funds transferred from a purchaser to a seller of 
        allowances under this paragraph shall be held by any officer or 
        employee of the United States or treated for any purpose as 
        revenue to the United States or the Administrator.
          (5) Recordation by epa.--The Administrator shall record and 
        publicly report the nature, prices, and results of each auction 
        under this subsection, including the prices of successful bids, 
        and shall record the transfers of allowances as a result of 
        each auction in accordance with the requirements of this 
        section. The transfer of allowances at the auction shall be 
        recorded in accordance with the regulations promulgated by the 
        Administrator under this subdivision.
          (6) Termination of auctions.--If the Administrator determines 
        that, during any period of 3 consecutive calendar years, fewer 
        than 20 percent of the allowances available in the auction 
        subaccount have been purchased, the Administrator may terminate 
        the withholding of allowances and the auction sales under this 
        section.
  (e) Changes in Sales, Auctions, and Withholding.--Pursuant to 
rulemaking after public notice and comment, the Administrator may at 
any time decrease the number of allowances withheld and sold under this 
section.
  (f) Conduct of Sales or Auctions by Other Federal Departments or 
Agencies or by Nongovernmental Agencies, Groups, or Organizations.--
Pursuant to regulations under this section, the Administrator may by 
delegation or contract provide for the conduct of sales or auctions 
under the Administrator's supervision by other Federal departments or 
agencies or by nongovernmental agencies, groups, or organizations.

                         Subdivision 6--Permits

                          Chapter 235--Permits

Sec.
235101. Definitions.
235102. Permit programs.
235103. Permit applications.
235104. Permit requirements and conditions.
235105. Notification to Administrator and contiguous States.
235106. Other authorities.
235107. Small business stationary source technical and environmental 
          compliance assistance program.
Sec. 235101. Definitions
  In this subdivision:
          (1) Affected source.--The term ``affected source'' shall have 
        the meaning given the term in section 233102 of this title.
          (2) Major source.--The term ``major source'' means any 
        stationary source (or any group of stationary sources located 
        within a contiguous area and under common control) that is 
        either of the following:
                  (A) A major source (as defined in section 211112 of 
                this title).
                  (B) A major stationary source (as defined in section 
                201101 of this title or chapter 215).
          (3) Permitting authority.--The term ``permitting authority'' 
        means--
                  (A) the Administrator; or
                  (B) an air pollution control agency authorized by the 
                Administrator to carry out a permit program under this 
                subdivision.
          (4) Schedule of compliance.--The term ``schedule of 
        compliance'' means a schedule of remedial measures (including 
        an enforceable sequence of actions or operations) leading to 
        compliance with an applicable implementation plan, emission 
        standard, emission limitation, or emission prohibition.
Sec. 235102. Permit programs
  (a) Prohibition.--
          (1) In general.--It shall be unlawful for any person--
                  (A) to violate any requirement of a permit issued 
                under this subdivision; or
                  (B) to operate, except in compliance with a permit 
                issued by a permitting authority under this 
                subdivision--
                          (i) an affected source (as provided in 
                        subdivision 5);
                          (ii) a major source;
                          (iii) any other source (including an area 
                        source) subject to standards or regulations 
                        under section 211111 or 211112 of this title;
                          (iv) any other source required to have a 
                        permit under chapter 213 or 215; or
                          (v) any other stationary source in a category 
                        designated (in whole or in part) by regulation 
                        promulgated by the Administrator.
          (2) Regulations.--Any regulation under paragraph (1)(B)(v) 
        shall include a finding setting forth the basis for the 
        designation made by the regulation.
          (3) Effect of subsection.--Nothing in this subsection shall 
        be construed to alter the applicable requirements of this 
        division that a permit be obtained before construction or 
        modification.
          (4) Exemptions.--The Administrator may, consistent with the 
        applicable provisions of this division, promulgate regulations 
        to exempt (in whole or in part) 1 or more categories of sources 
        (except a major source) from the requirements of this 
        subsection if the Administrator finds that compliance with the 
        requirements is impracticable, infeasible, or unnecessarily 
        burdensome on a category.
  (b) Minimum Elements.--
          (1) In general.--The Administrator shall promulgate 
        regulations establishing the minimum elements of a permit 
        program to be administered by an air pollution control agency.
          (2) Elements to be included.--The elements shall include each 
        of the following:
                  (A) Requirements for permit applications, including a 
                standard application form and criteria for determining 
                in a timely fashion the completeness of applications.
                  (B) Monitoring and reporting requirements.
                  (C) A requirement under State or local law or 
                interstate compact that the owner or operator of all 
                sources subject to the requirement to obtain a permit 
                under this subdivision pay an annual or other periodic 
                fee sufficient to cover all reasonable direct and 
                indirect costs required to develop and administer the 
                permit program requirements of this subdivision, 
                including the reasonable costs of--
                          (i) reviewing and acting on any application 
                        for such a permit;
                          (ii) if the owner or operator receives a 
                        permit for a source, implementing and enforcing 
                        the terms and conditions of the permit (not 
                        including any court costs or other costs 
                        associated with any enforcement action);
                          (iii) emission monitoring and ambient 
                        monitoring;
                          (iv) preparing generally applicable 
                        regulations or guidance;
                          (v) modeling, analyses, and demonstrations; 
                        and
                          (vi) preparing inventories and tracking 
                        emissions.
                  (D) Requirements for adequate personnel and funding 
                to administer the program.
                  (E) A requirement that the permitting authority have 
                adequate authority to--
                          (i) issue permits and ensure compliance by 
                        all sources required to have a permit under 
                        this subdivision with each applicable standard, 
                        regulation, or requirement under this division;
                          (ii) issue permits for a fixed term, not to 
                        exceed 5 years;
                          (iii) ensure that, on issuance or renewal, 
                        permits incorporate emission limitations and 
                        other requirements in an applicable 
                        implementation plan;
                          (iv) terminate, modify, or revoke and reissue 
                        permits for cause;
                          (v) enforce permits, permit fee requirements, 
                        and the requirement to obtain a permit, 
                        including authority to recover civil penalties 
                        in a maximum amount of not less than $10,000 
                        per day for each violation, and provide 
                        appropriate criminal penalties; and
                          (vi) ensure that no permit will be issued if 
                        the Administrator objects to its issuance in a 
                        timely manner under this subdivision.
                  (F) Adequate, streamlined, and reasonable procedures 
                for--
                          (i) expeditiously determining when 
                        applications are complete;
                          (ii) processing applications;
                          (iii) public notice, including offering an 
                        opportunity for public comment and a hearing; 
                        and
                          (iv) expeditious review of permit actions, 
                        including applications, renewals, or revisions, 
                        and including an opportunity for judicial 
                        review in State court of the final permit 
                        action by the applicant, any person that 
                        participated in the public comment process, and 
                        any other person that could obtain judicial 
                        review of that action under applicable law.
                  (G) To ensure against unreasonable delay by a 
                permitting authority, adequate authority and procedures 
                to provide that a failure of the permitting authority 
                to act on a permit application or permit renewal 
                application (in accordance with the time periods 
                specified in section 235103 of this title or, as 
                appropriate, subdivision 5) shall be treated as a final 
                permit action solely for purposes of obtaining judicial 
                review in State court of an action brought by any 
                person described in subparagraph (F)(iv) to require 
                that action be taken by the permitting authority on the 
                application without additional delay.
                  (H) Authority, and reasonable procedures consistent 
                with the need for expeditious action by a permitting 
                authority on permit applications and related matters, 
                to make available to the public any permit application, 
                compliance plan, permit, and monitoring or compliance 
                report under section 235103(e) of this title, subject 
                to section 211114(c) of this title.
                  (I) A requirement that a permitting authority, in the 
                case of a permit with a term of 3 or more years for a 
                major source, shall require revisions to the permit to 
                incorporate applicable standards and regulations 
                promulgated under this division after the issuance of 
                the permit.
                  (J) Provisions to allow changes within a permitted 
                facility (or a facility operating pursuant to section 
                235103(d) of this title) without requiring a permit 
                revision, if--
                          (i) the changes are not modifications under 
                        any provision of subdivision 2;
                          (ii) the changes do not exceed the emissions 
                        allowable under the permit (whether expressed 
                        in the permit as a rate of emissions or in 
                        terms of total emissions); and
                          (iii) the facility provides the Administrator 
                        and the permitting authority with written 
                        notification in advance of the proposed changes 
                        (which shall be a minimum of 7 days unless the 
                        permitting authority provides in its 
                        regulations a different timeframe for 
                        emergencies).
          (3) Fee program.--
                  (A) Definition of regulated pollutant.--In this 
                paragraph, the term ``regulated pollutant'' means--
                          (i) a volatile organic compound;
                          (ii) a pollutant regulated under section 
                        211111 or 211112 of this title; and
                          (iii) a pollutant for which a primary NAAQS 
                        has been promulgated (not including carbon 
                        monoxide).
                  (B) Amount collected.--The total amount of fees 
                collected by a permitting authority under paragraph 
                (2)(C) shall conform to the following requirements:
                          (i) Adequate reflection of reasonable 
                        costs.--The Administrator shall not approve a 
                        program as meeting the requirements of this 
                        paragraph unless the State demonstrates that, 
                        except as otherwise provided in clauses (ii) 
                        through (iv), the program will result in the 
                        collection, in the aggregate, from all sources 
                        subject to paragraph (2)(C), of an amount not 
                        less than $25 per ton of each regulated 
                        pollutant, or such other amount as the 
                        Administrator may determine adequately reflects 
                        the reasonable costs of the permit program.
                          (ii) Exclusion of emissions in excess of 
                        4,000 tons per year.--In determining the amount 
                        under clause (i), a permitting authority is not 
                        required to include any amount of regulated 
                        pollutant emitted by any source in excess of 
                        4,000 tons per year of the regulated pollutant.
                          (iii) Lesser amount meeting requirements.--
                        The requirements of clause (i) shall not apply 
                        if the permitting authority demonstrates that 
                        collecting an amount less than the amount 
                        specified under clause (i) will meet the 
                        requirements of paragraph (2)(C).
                          (iv) Annual increase.--
                                  (I) In general.--The fee calculated 
                                under clause (i) shall be increased 
                                (consistent with the need to cover the 
                                reasonable costs authorized by 
                                paragraph (2)(C)) in each year by the 
                                percentage, if any, by which the 
                                Consumer Price Index for the most 
                                recent calendar year ending before the 
                                beginning of the year exceeds the 
                                Consumer Price Index for the calendar 
                                year 1989.
                                  (II) Consumer price index.--For 
                                purposes of this clause--
                                          (aa) the Consumer Price Index 
                                        for any calendar year is the 
                                        average of the Consumer Price 
                                        Index for all-urban consumers 
                                        published by the Department of 
                                        Labor, as of the close of the 
                                        12-month period ending on 
                                        August 31 of each calendar 
                                        year; and
                                          (bb) the revision of the 
                                        Consumer Price Index that is 
                                        most consistent with the 
                                        Consumer Price Index for 
                                        calendar year 1989 shall be 
                                        used.
                  (C) Collection by the administrator.--
                          (i) In general.--If the Administrator 
                        determines under subsection (d) that the fee 
                        provisions of the operating permit program do 
                        not meet the requirements of paragraph (2)(C), 
                        or if the Administrator makes a determination 
                        under subsection (i) that a permitting 
                        authority is not adequately administering or 
                        enforcing an approved fee program, the 
                        Administrator may, in addition to taking any 
                        other action authorized under this subdivision, 
                        collect reasonable fees from the sources 
                        identified under paragraph (2)(C). The fees 
                        shall be designed solely to cover the 
                        Administrator's costs of administering the 
                        provisions of the permit program promulgated by 
                        the Administrator.
                          (ii) Penalty.--A source that fails to pay a 
                        fee lawfully imposed by the Administrator under 
                        this subparagraph shall pay a penalty of 50 
                        percent of the fee amount, plus interest on the 
                        fee amount computed in accordance with section 
                        6621(a)(2) of the Internal Revenue Code of 1986 
                        (26 U.S.C. 6621(a)(2)).
                          (iii) Special fund.--Any fees, penalties, and 
                        interest collected under this subparagraph 
                        shall be deposited in the Treasury in a special 
                        fund for licensing and other services, which 
                        thereafter shall be available for 
                        appropriation, to remain available until 
                        expended, subject to appropriation, to carry 
                        out EPA's activities for which the fees were 
                        collected.
                  (D) Fee required to be collected by a state, local, 
                or interstate agency.--Any fee required to be collected 
                by a State, local, or interstate agency under this 
                subsection shall be utilized solely to cover all 
                reasonable (direct and indirect) costs required to 
                support the permit program as set forth in paragraph 
                (2)(C).
          (4) Permit revisions.--A revision required by paragraph 
        (2)(I) shall be made as expeditiously as practicable and 
        consistent with the procedures established under paragraph 
        (2)(F) but not later than 18 months after the promulgation of 
        standards and regulations described in paragraph (2)(I). No 
        such revision shall be required if the effective date of the 
        standards or regulations is a date after the expiration of the 
        permit term. Such a permit revision shall be treated as a 
        permit renewal if it complies with the requirements of this 
        subdivision regarding renewals.
  (c) Single Permit.--A single permit may be issued for a facility with 
multiple sources.
  (d) Submission; Approval or Disapproval.--
          (1) Submission.--The Governor of each State shall develop and 
        submit to the Administrator--
                  (A) a permit program under State or local law or 
                under an interstate compact meeting the requirements of 
                this subdivision; and
                  (B) a legal opinion from the attorney general (or the 
                attorney for a State air pollution control agency that 
                has independent legal counsel, or from the chief legal 
                officer of an interstate agency), that the laws of the 
                State or locality provide or the interstate compact 
                provides adequate authority to carry out the program.
          (2) Approval or disapproval.--Not later than 1 year after 
        receiving a program, and after notice and opportunity for 
        public comment, the Administrator shall approve or disapprove 
        the program, in whole or in part. The Administrator may approve 
        a program to the extent that the program meets the requirements 
        of this division, including the regulations issued under 
        subsection (b). If the program is disapproved, in whole or in 
        part, the Administrator shall notify the Governor of any 
        revisions or modifications necessary to obtain approval. The 
        Governor shall revise and resubmit the program for review under 
        this section within 180 days after receiving notification.
  (e) Administration and Enforcement.--
          (1) Discretionary sanctions.--Whenever the Administrator 
        makes a determination that a permitting authority is not 
        adequately administering and enforcing a program, or portion 
        thereof, in accordance with the requirements of this 
        subdivision, the Administrator--
                  (A) shall provide notice to the State; and
                  (B) may, prior to the date that is 18 months after 
                the date of the notice under subparagraph (A), apply 
                any of the sanctions specified in section 215111(b) of 
                this title.
          (2) Mandatory sanctions.--Whenever the Administrator makes a 
        determination that a permitting authority is not adequately 
        administering and enforcing a program, or portion thereof, in 
        accordance with the requirements of this subdivision, on the 
        date that is 18 months after the date of the notice under 
        paragraph (1)(A), the Administrator shall apply the sanctions 
        under section 215111(b) of this title in the same manner and 
        subject to the same deadlines and other conditions as are 
        applicable in the case of a determination, disapproval, or 
        finding under section 215111(a) of this title.
          (3) Applicability of sanctions in nonattainment areas only.--
        The sanctions under section 215111(b)(3) of this title shall 
        not apply pursuant to this subsection in any area unless the 
        failure to adequately enforce and administer the program 
        relates to an air pollutant for which the area has been 
        designated a nonattainment area.
          (4) Promulgation, administration, and enforcement of permit 
        program by the administrator.--When the Administrator makes a 
        finding under paragraph (1) with respect to a State, unless the 
        State corrects the deficiency within 18 months after the date 
        of the finding, the Administrator shall, 2 years after the date 
        of the finding, promulgate, administer, and enforce a program 
        under this subdivision for the State. Nothing in this paragraph 
        shall be construed to affect the validity of a program that has 
        been approved under this subdivision or the authority of any 
        permitting authority acting under such a program until such 
        time as a program is promulgated by the Administrator under 
        this paragraph.
Sec. 235103. Permit applications
  (a) Applicable Date.--Any source specified in section 235102(a) of 
this title shall become subject to a permit program, and required to 
have a permit, on the later of--
          (1) the effective date of a permit program or partial or 
        interim permit program applicable to the source; or
          (2) the date on which the source becomes subject to section 
        235102(a) of this title.
  (b) Compliance Plan.--
          (1) In general.--The regulations required by section 
        235102(b) of this title shall include a requirement that the 
        applicant submit with the permit application a compliance plan 
        describing how the source will comply with all applicable 
        requirements under this chapter. The compliance plan shall 
        include a schedule of compliance and a schedule under which the 
        permittee will submit progress reports to the permitting 
        authority not less frequently than every 6 months.
          (2) Certification; reporting.--The regulations required by 
        section 235102(b) of this title shall require the permittee 
        to--
                  (A) periodically (but not less frequently than 
                annually) certify that the facility is in compliance 
                with any applicable requirements of the permit; and
                  (B) promptly report any deviations from permit 
                requirements to the permitting authority.
  (c) Deadlines.--Any person required to have a permit shall, not later 
than 12 months after the date on which the source becomes subject to a 
permit program approved or promulgated under this subdivision, or such 
earlier date as the permitting authority may establish, submit to the 
permitting authority a compliance plan and an application for a permit 
signed by a responsible official, who shall certify the accuracy of the 
information submitted. The permitting authority shall approve or 
disapprove a completed application (consistent with the procedures 
established under this subdivision for consideration of such 
applications), and shall issue or deny the permit, within 18 months 
after the date of receipt of the completed application, except that the 
permitting authority shall establish a phased schedule for acting on 
permit applications submitted within the 1st full year after the 
effective date of a permit program (or a partial or interim program). 
Any such schedule shall ensure that at least \1/3\ of the permits are 
acted on by the permitting authority annually over a period of not to 
exceed 3 years after such effective date. The permitting authority 
shall establish reasonable procedures to prioritize such approval or 
disapproval actions in the case of applications for construction or 
modification under the applicable requirements of this division.
  (d) Timely and Complete Applications.--Except for sources required to 
have a permit before construction or modification under the applicable 
requirements of this division, if an applicant has submitted a timely 
and complete application for a permit required by this subdivision 
(including renewals), but final action has not been taken on the 
application, the source's failure to have a permit shall not be a 
violation of this division unless the delay in final action was due to 
the failure of the applicant timely to submit information required or 
requested to process the application. No source required to have a 
permit under this subdivision shall be in violation of section 
235102(a) of this title before the date on which the source is required 
to submit an application under subsection (c).
  (e) Copies; Availability.--A copy of each permit application, 
compliance plan (including the schedule of compliance), emission or 
compliance monitoring report, certification, and permit issued under 
this subdivision shall be available to the public. If an applicant or 
permittee is required to submit information entitled to protection from 
disclosure under section 211114(c) of this title, the applicant or 
permittee may submit the information separately. The requirements of 
section 211114(c) of this title shall apply to the information. The 
contents of a permit shall not be entitled to protection under section 
211114(c) of this title.
Sec. 235104. Permit requirements and conditions
  (a) Conditions.--Each permit issued under this subdivision shall 
include--
          (1) enforceable emission limitations and standards;
          (2) a schedule of compliance;
          (3) a requirement that the permittee submit to the permitting 
        authority, not less often than every 6 months, the results of 
        any required monitoring; and
          (4) such other conditions as are necessary to ensure 
        compliance with applicable requirements of this division, 
        including the requirements of the applicable implementation 
        plan.
  (b) Monitoring and Analysis.--The Administrator may by regulation 
prescribe procedures and methods for determining compliance and for 
monitoring and analysis of pollutants regulated under this division, 
but continuous emission monitoring need not be required if alternative 
methods are available that provide sufficiently reliable and timely 
information for determining compliance. Nothing in this subsection 
shall be construed to affect any continuous emissions monitoring 
requirement of subdivision 5, or where required elsewhere in this 
division.
  (c) Inspection, Entry, Monitoring, Certification, and Reporting.--
Each permit issued under this subdivision shall set forth inspection, 
entry, monitoring, compliance certification, and reporting requirements 
to ensure compliance with the permit terms and conditions. The 
monitoring and reporting requirements shall conform to any applicable 
regulation under subsection (b). Any report required to be submitted by 
a permit issued to a corporation under this subdivision shall be signed 
by a responsible corporate official, who shall certify its accuracy.
  (d) General Permits.--A permitting authority may, after notice and 
opportunity for public hearing, issue a general permit covering 
numerous similar sources. Any general permit shall comply with all 
requirements applicable to permits under this subdivision. No source 
covered by a general permit shall thereby be relieved from the 
obligation to file an application under section 235103 of this title.
  (e) Temporary Sources.--A permitting authority may issue a single 
permit authorizing emissions from similar operations at multiple 
temporary locations. No such permit shall be issued unless it includes 
conditions that will ensure compliance with all the requirements of 
this division at all authorized locations, including ambient standards 
and compliance with any applicable increment or visibility requirements 
under chapter 213. Any such permit shall require the owner or operator 
to notify the permitting authority in advance of each change in 
location. The permitting authority may require a separate permit fee 
for operations at each location.
  (f) Permit Shield.--
          (1) In general.--Compliance with a permit issued in 
        accordance with this subdivision shall be deemed compliance 
        with section 235102 of this title.
          (2) Compliance with other provisions.--
                  (A) In general.--Except as otherwise provided by the 
                Administrator by regulation, the permit may provide 
                that compliance with the permit shall be deemed 
                compliance with other applicable provisions of this 
                division that relate to the permittee if--
                          (i) the permit includes the applicable 
                        requirements of such provisions; or
                          (ii) the permitting authority in acting on 
                        the permit application makes a determination 
                        relating to the permittee that such other 
                        provisions (which shall be referred to in the 
                        determination) are not applicable and the 
                        permit includes the determination or a concise 
                        summary of the determination.
                  (B) Effect of subparagraph.--Nothing in subparagraph 
                (A) shall alter or affect section 203103 of this title, 
                including the authority of the Administrator under that 
                section.
Sec. 235105. Notification to Administrator and contiguous States
  (a) Transmission and Notice.--
          (1) Copies of permit application and proposed permit to the 
        administrator.--A permitting authority shall--
                  (A) transmit to the Administrator a copy of each 
                permit application (and any application for a permit 
                modification or renewal) or such portion thereof, 
                including any compliance plan, as the Administrator may 
                require to effectively review the application and 
                otherwise to carry out the Administrator's 
                responsibilities under this division; and
                  (B) provide the Administrator a copy of each permit 
                proposed to be issued and issued as a final permit.
          (2) Notification to states.--
                  (A) Notification.--A permitting authority shall 
                notify all States--
                          (i) whose air quality may be affected and 
                        that are contiguous to the State in which the 
                        emission originates; or
                          (ii) that are within 50 miles of the source;
                of each permit application or proposed permit forwarded 
                to the Administrator under this section.
                  (B) Recommendations.--A permitting authority shall 
                provide an opportunity for States described in 
                subparagraph (A) to submit written recommendations 
                respecting the issuance of the permit and its terms and 
                conditions. If any part of those recommendations is not 
                accepted by the permitting authority, the permitting 
                authority shall notify the State submitting the 
                recommendations and the Administrator in writing of its 
                decision not to accept that part of the recommendation 
                and the reasons for the decision.
  (b) Permit Provision Not in Compliance.--
          (1) Objection by the administrator.--
                  (A) In general.--If a permit contains provisions that 
                are determined by the Administrator to be not in 
                compliance with the applicable requirements of this 
                division (including the requirements of an applicable 
                implementation plan), the Administrator shall, in 
                accordance with this subsection, object to issuance of 
                the permit.
                  (B) Response.--The permitting authority shall respond 
                in writing if the Administrator--
                          (i) within 45 days after receiving a copy of 
                        the proposed permit under subsection (a)(1); or
                          (ii) within 45 days after receiving 
                        notification under subsection (a)(2);
                objects in writing to issuance of a permit as not in 
                compliance with the requirements.
                  (C) Reasons.--With the objection, the Administrator 
                shall provide a statement of the reasons for the 
                objection.
                  (D) Copies to applicant.--A copy of the objection and 
                statement shall be provided to the applicant.
          (2) No objection by the administrator.--
                  (A) Petition.--If the Administrator does not object 
                in writing to the issuance of a permit pursuant to 
                paragraph (1), any person may petition the 
                Administrator within 60 days after the expiration of 
                the 45-day review period specified in paragraph (1) to 
                make an objection. A copy of the petition shall be 
                provided to the permitting authority and the applicant 
                by the petitioner. The petition shall be based only on 
                objections to the permit that were raised with 
                reasonable specificity during the public comment period 
                provided by the permitting agency (unless the 
                petitioner demonstrates in the petition to the 
                Administrator that it was impracticable to raise the 
                objections within that period or unless the grounds for 
                the objection arose after that period). The petition 
                shall identify all such objections. If the permit has 
                been issued by the permitting agency, the petition 
                shall not postpone the effectiveness of the permit.
                  (B) Grant or denial.--The Administrator shall grant 
                or deny a petition under subparagraph (A) within 60 
                days after the petition is filed. The Administrator 
                shall issue an objection within that period if the 
                petitioner demonstrates to the Administrator that the 
                permit is not in compliance with the requirements of 
                this division (including the requirements of an 
                applicable implementation plan). Any denial of such a 
                petition shall be subject to judicial review under 
                section 211113 of this title.
                  (C) Regulations.--The Administrator shall include in 
                regulations under this subdivision provisions to 
                implement this paragraph.
                  (D) Nondelegability.--The Administrator may not 
                delegate the requirements of this paragraph.
          (3) Revision of permit.--
                  (A) In general.--On receipt of an objection by the 
                Administrator under this subsection, a permitting 
                authority may not issue a permit unless the permit is 
                revised and issued in accordance with subsection (c).
                  (B) Objection on petition.--If the permitting 
                authority has issued a permit prior to receipt of an 
                objection by the Administrator under paragraph (2)--
                          (i) the Administrator shall modify, 
                        terminate, or revoke the permit; and
                          (ii) the permitting authority may thereafter 
                        issue a revised permit only in accordance with 
                        subsection (c).
  (c) Issuance or Denial.--If the permitting authority fails, within 90 
days after the date of an objection under subsection (b), to submit a 
permit revised to meet the objection, the Administrator shall issue or 
deny the permit in accordance with the requirements of this 
subdivision. No objection shall be subject to judicial review until the 
Administrator takes final action to issue or deny a permit under this 
subsection.
  (d) Waiver of Notification Requirements.--
          (1) Waiver.--The Administrator may waive the requirements of 
        subsections (a) and (b) at the time of approval of a permit 
        program under this subdivision for any category (including any 
        class, type, or size within such category) of sources covered 
        by the program other than major sources.
          (2) Categories of sources.--The Administrator may by 
        regulation establish categories of sources (other than major 
        sources), including establishment of any class, type, or size 
        within a category, to which the requirements of subsections (a) 
        and (b) shall not apply.
          (3) Exclusion from waiver.--The Administrator may exclude 
        from any waiver under this subsection the notification 
        requirement under subsection (a)(2).
          (4) Revocation or modification.--Any waiver granted under 
        this subsection may be revoked or modified by the Administrator 
        by regulation.
  (e) Termination, Modification, or Revocation and Reissuance of 
Permit.--
          (1) Notification to permitting authority and source.--If the 
        Administrator finds that cause exists to terminate, modify, or 
        revoke and reissue a permit under this subdivision, the 
        Administrator shall notify the permitting authority and the 
        source of the Administrator's finding.
          (2) Proposed determination.--The permitting authority shall, 
        within 90 days after receipt of notification under paragraph 
        (1), submit to the Administrator a proposed determination of 
        termination, modification, or revocation and reissuance, as 
        appropriate. The Administrator may extend the 90-day period for 
        an additional 90 days if the Administrator finds that a new or 
        revised permit application is necessary or that the permitting 
        authority must require the permittee to submit additional 
        information. The Administrator may review the proposed 
        determination in accordance with subsections (a) and (b).
          (3) Action by the administrator.--If the permitting authority 
        fails to submit the required proposed determination, or if the 
        Administrator objects and the permitting authority fails to 
        resolve the objection within 90 days, the Administrator may, 
        after notice and in accordance with fair and reasonable 
        procedures, terminate, modify, or revoke and reissue the 
        permit.
Sec. 235106. Other authorities
  (a) In General.--Nothing in this subdivision shall preclude a State 
or interstate permitting authority from establishing additional 
permitting requirements not inconsistent with this division.
  (b) Permits Implementing Acid Rain Provisions.--This subdivision 
(including provisions regarding schedules for submission and approval 
or disapproval of permit applications) shall apply to permits 
implementing the requirements of subdivision 5 except as modified by 
that subdivision.
Sec. 235107. Small business stationary source technical and 
                    environmental compliance assistance program
  (a) Definitions.--In this section:
          (1) Ombudsman.--The term ``Ombudsman'' means the Small 
        Business Ombudsman.
          (2) Small business stationary source.--
                  (A) In general.--The term ``small business stationary 
                source'' means a stationary source that--
                          (i) is owned or operated by a person that 
                        employs 100 or fewer individuals;
                          (ii) is a small business concern (as defined 
                        in the Small Business Act (15 U.S.C. 631 et 
                        seq.);
                          (iii) is not a major stationary source;
                          (iv) does not emit 50 tons or more per year 
                        of any regulated pollutant; and
                          (v) emits less than 75 tons per year of all 
                        regulated pollutants.
                  (B) Inclusion of other sources.--On petition by a 
                source, a State may, after notice and opportunity for 
                public comment, include as a small business stationary 
                source for purposes of this section any stationary 
                source that does not meet the criteria of clause (iii), 
                (iv), or (v) of subparagraph (A) but that does not emit 
                more than 100 tons per year of all regulated 
                pollutants.
                  (C) Exclusion of certain categories or subcategories 
                of sources.--
                          (i) By the administrator.--The Administrator, 
                        in consultation with the Administrator of the 
                        Small Business Administration and after 
                        providing notice and opportunity for public 
                        comment, may exclude from the small business 
                        stationary source definition under subparagraph 
                        (A) any category or subcategory of sources that 
                        the Administrator determines to have sufficient 
                        technical and financial capabilities to meet 
                        the requirements of this division without the 
                        application of this section.
                          (ii) By a state.--A State, in consultation 
                        with the Administrator and the Administrator of 
                        the Small Business Administration and after 
                        providing notice and opportunity for public 
                        hearing, may exclude from the small business 
                        stationary source definition under subparagraph 
                        (A) any category or subcategory of sources that 
                        the State determines to have sufficient 
                        technical and financial capabilities to meet 
                        the requirements of this division without the 
                        application of this section.
  (b) State Small Business Stationary Source Technical and 
Environmental Compliance Assistance Programs.--
          (1) In general.--Consistent with sections 211110 and 211112 
        of this title, each State shall, after reasonable notice and 
        public hearings, adopt and submit to the Administrator as part 
        of the State implementation plan for the State plans for 
        establishing a small business stationary source technical and 
        environmental compliance assistance program.
          (2) Elements required for approval.--The Administrator shall 
        approve such a program if it includes each of the following:
                  (A) Adequate mechanisms for developing, collecting, 
                and coordinating information concerning compliance 
                methods and technologies for small business stationary 
                sources, and programs to encourage lawful cooperation 
                among such sources and other persons to further 
                compliance with this division.
                  (B) Adequate mechanisms for assisting small business 
                stationary sources with pollution prevention and 
                accidental release detection and prevention, including 
                providing information concerning alternative 
                technologies, process changes, products, and methods of 
                operation that help reduce air pollution.
                  (C) A designated State office within the relevant 
                State agency to serve as ombudsman for small business 
                stationary sources in connection with the 
                implementation of this division.
                  (D) A compliance assistance program for small 
                business stationary sources that assists small business 
                stationary sources in determining applicable 
                requirements and in receiving permits under this 
                division in a timely and efficient manner.
                  (E) Adequate mechanisms to ensure that small business 
                stationary sources receive notice of their rights under 
                this division in such manner and form as to ensure 
                reasonably adequate time for such sources to evaluate 
                compliance methods and any relevant or applicable 
                proposed or final regulation or standard issued under 
                this division.
                  (F) Adequate mechanisms for informing small business 
                stationary sources of their obligations under this 
                division, including mechanisms for referring such 
                sources to qualified auditors or, at the option of the 
                State, for providing audits of the operations of such 
                sources to determine compliance with this division.
                  (G) Procedures for consideration of requests from a 
                small business stationary source for modification of--
                          (i) any work practice or technological method 
                        of compliance; or
                          (ii) the schedule of milestones for 
                        implementing such a work practice or method of 
                        compliance preceding any applicable compliance 
                        date;
                based on the technological and financial capability of 
                any such small business stationary source.
          (3) Modification of work practices, technological methods of 
        compliance, and schedules of milestones.--No modification of a 
        work practice, technological method of compliance, or the 
        schedule of milestones may be granted under paragraph (2)(G) 
        unless it is in compliance with the applicable requirements of 
        this division (including the requirements of the applicable 
        implementation plan). Where such applicable requirements are 
        set forth in Federal regulations, only modifications authorized 
        in those regulations may be allowed.
  (c) Federal Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program.--
          (1) In general.--The Administrator shall establish a small 
        business stationary source technical and environmental 
        compliance assistance program.
          (2) Activities.--The program shall--
                  (A) assist the States in the development of a State 
                small business stationary source technical and 
                environmental compliance assistance program required 
                under subsection (b);
                  (B) issue guidance for the use of the States in the 
                implementation of such programs that includes 
                alternative control technologies and pollution 
                prevention methods applicable to small business 
                stationary sources; and
                  (C) provide for implementation of the program 
                provisions required under subsection (b)(2)(D) in any 
                State that fails to submit such a program under that 
                subsection.
  (d) Monitoring.--
          (1) In general.--The Administrator shall direct the EPA 
        Office of Small and Disadvantaged Business Utilization through 
        the Ombudsman to monitor the small business stationary source 
        technical and environmental compliance assistance program under 
        this section.
          (2) Activities.--In carrying out monitoring activities, the 
        Ombudsman shall--
                  (A) render advisory opinions on the overall 
                effectiveness of the small business stationary source 
                technical and environmental compliance assistance 
                program, difficulties encountered, and degree and 
                severity of enforcement;
                  (B) make periodic reports to Congress on the 
                compliance of the small business stationary source 
                technical and environmental compliance assistance 
                program with the requirements of chapter 35 of title 
                44, chapter 6 of title 5, and section 504 of title 5;
                  (C) review information to be issued by the small 
                business stationary source technical and environmental 
                compliance assistance program for small business 
                stationary sources to ensure that the information is 
                understandable by the layperson; and
                  (D) have the small business stationary source 
                technical and environmental compliance assistance 
                program serve as the secretariat for the development 
                and dissemination of such reports and advisory 
                opinions.
  (e) Compliance Advisory Panel.--
          (1) Establishment.--There shall be established in each State 
        a compliance advisory panel (referred to in this subsection as 
        a ``Panel'').
          (2) Membership.--A Panel shall consist of at least--
                  (A) 2 members, who are not owners, or representatives 
                of owners, of small business stationary sources, 
                selected by the Governor to represent the general 
                public;
                  (B) 2 members selected by the State legislature who 
                are owners, or who represent owners, of small business 
                stationary sources (1 member each selected by the 
                majority and minority leadership of the lower house (or 
                in the case of a State with a unicameral legislature, 2 
                members each selected by the majority leadership and 
                the minority leadership));
                  (C) except in the case of a State with a unicameral 
                legislature, 2 members selected by the State 
                legislature who are owners, or who represent owners, of 
                small business stationary sources (1 member each 
                selected by the majority and minority leadership of the 
                upper house, or the equivalent State entity); and
                  (D) 1 member selected by the head of the department 
                or agency of the State responsible for air pollution 
                permit programs, to represent that agency.
          (3) Activities.--A Panel shall--
                  (A) render advisory opinions concerning--
                          (i) the effectiveness of the small business 
                        stationary source technical and environmental 
                        compliance assistance program;
                          (ii) difficulties encountered; and
                          (iii) the degree and severity of enforcement;
                  (B) make periodic reports to the Administrator 
                concerning the compliance of the State small business 
                stationary source technical and environmental 
                compliance assistance program with the requirements of 
                chapter 35 of title 44, chapter 6 of title 5, and 
                section 504 of title 5;
                  (C) review information for small business stationary 
                sources to ensure that the information is 
                understandable by the layperson; and
                  (D) have the small business stationary source 
                technical and environmental compliance assistance 
                program serve as the secretariat for the development 
                and dissemination of such reports and advisory 
                opinions.
  (f) Fees.--A State (or the Administrator) may reduce any fee required 
under this division to take into account the financial resources of 
small business stationary sources.
  (g) Continuous Emission Monitors.--In developing regulations and 
control technique guidelines under this division that contain 
continuous emission monitoring requirements, the Administrator, 
consistent with the requirements of this division, before applying the 
requirements to small business stationary sources, shall consider the 
necessity and appropriateness of the requirements for such sources. 
Nothing in this subsection shall affect the applicability of 
subdivision 5 provisions relating to continuous emissions monitoring.
  (h) Control Technique Guidelines.--The Administrator shall consider, 
consistent with the requirements of this division, the size, type, and 
technical capabilities of small business stationary sources (and 
sources that are eligible under subsection (a)(2)(B) to be treated as 
small business stationary sources) in developing control technique 
guidelines applicable to such sources under this division.

              Subdivision 7--Stratospheric Ozone Reduction

               Chapter 237--Stratospheric Ozone Reduction

Sec.
237101. Definitions.
237102. Listing of class I substances and class II substances.
237103. Monitoring and reporting requirements.
237104. Prohibition of production and consumption of class I substances.
237105. Phaseout of production and consumption of class II substances.
237106. Accelerated schedule.
237107. Exchange authority.
237108. National recycling and emission reduction program.
237109. Servicing of motor vehicle air conditioners.
237110. Nonessential products containing chlorofluorocarbons.
237111. Labeling.
237112. Safe alternatives policy.
237113. Federal procurement.
237114. Relationship to other laws.
237115. Control of substances, practices, processes, and activities that 
          may reasonably be anticipated to affect the stratosphere.
237116. Transfers among parties to Montreal Protocol.
237117. International cooperation.
237118. Miscellaneous provisions.
Sec. 237101. Definitions
  In this subdivision:
          (1) Appliance.--
                  (A) In general.--The term ``appliance'' means any 
                device that--
                          (i) contains and uses a class I substance or 
                        class II substance as a refrigerant; and
                          (ii) is used for a household or commercial 
                        purpose.
                  (B) Inclusions.--The term ``appliance'' includes any 
                air conditioner, refrigerator, chiller, or freezer.
          (2) Baseline year.--The term ``baseline year'' means--
                  (A) calendar year 1986, in the case of any class I 
                substance listed in Group I or II under section 
                237102(a) of this title;
                  (B) calendar year 1989, in the case of any class I 
                substance listed in Group III, IV, or V under section 
                237102(a) of this title; and
                  (C) a representative calendar year selected by the 
                Administrator, in the case of--
                          (i) any substance added to the list of class 
                        I substances after the publication of the 
                        initial list under section 237102(a) of this 
                        title; and
                          (ii) any class II substance.
          (3) Class i substance.--The term ``class I substance'' means 
        a substance listed as provided in section 237102(a) of this 
        title.
          (4) Class ii substance.--The term ``class II substance'' 
        means a substance listed as provided in section 237102(b) of 
        this title.
          (5) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Food and Drugs.
          (6) Consumption.--
                  (A) In general.--The term ``consumption'' means, with 
                respect to any substance--
                          (i) the amount of that substance produced in 
                        the United States; plus
                          (ii) the amount imported; minus
                          (iii) the amount exported to parties to the 
                        Montreal Protocol.
                  (B) Construction.--The term ``consumption'' shall be 
                construed in a manner that is consistent with the 
                Montreal Protocol.
          (7) Import.--The term ``import'' means to land on, bring 
        into, or introduce into, or attempt to land on, bring into, or 
        introduce into, any place subject to the jurisdiction of the 
        United States, whether or not the landing, bringing, or 
        introduction constitutes an importation within the meaning of 
        the customs laws of the United States.
          (8) Medical device.--The term ``medical device'' means any 
        device (as defined in section 201 of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 321)), diagnostic product, drug (as 
        defined in that section), or drug delivery system that--
                  (A) utilizes a class I substance or class II 
                substance for which no safe and effective alternative 
                has been developed, and where necessary, approved by 
                the Commissioner; and
                  (B) after notice and opportunity for public comment, 
                is approved and determined to be essential by the 
                Commissioner in consultation with the Administrator.
          (9) Montreal protocol.--
                  (A) In general.--The term ``Montreal Protocol'' means 
                the Montreal Protocol on Substances That Deplete the 
                Ozone Layer, done at Montreal September 16, 1987 (26 
                I.L.M. 1541; 1522 U.N.T.S. 29), a protocol to the 
                Vienna Convention for the Protection of the Ozone 
                Layer, done at Vienna March 22, 1985 (T.I.A.S. 11097).
                  (B) Inclusions.--The term ``Montreal Protocol'' 
                includes adjustments adopted by parties to the Montreal 
                Protocol and amendments that enter into force.
          (10) Ozone-depletion potential.--
                  (A) In general.--The term ``ozone-depletion 
                potential'' means a factor established by the 
                Administrator to reflect the ozone-depletion potential 
                of a substance, on a mass per kilogram basis, as 
                compared with chlorofluorocarbon-11.
                  (B) Criteria.--The factor shall be based on--
                          (i) the substance's atmospheric lifetime;
                          (ii) the molecular weight of bromine and 
                        chlorine;
                          (iii) the substance's ability to be 
                        photolytically disassociated; and
                          (iv) other factors determined to be an 
                        accurate measure of relative ozone-depletion 
                        potential.
          (11) Produce.--
                  (A) In general.--The term ``produce'' means to 
                manufacture a substance from any raw material or 
                feedstock chemical.
                  (B) Exclusions.--The term ``produce'' does not 
                include--
                          (i) manufacture of a substance that is used 
                        and entirely consumed (except for trace 
                        quantities) in the manufacture of another 
                        chemical; or
                          (ii) reuse or recycling of a substance.
Sec. 237102. Listing of class I substances and class II substances
  (a) List of Class I Substances.--
          (1) Initial list.--The Administrator shall publish an initial 
        list of class I substances that contains the following 
        substances:

              Group I
              chlorofluorocarbon-11 (CFC-11)
              chlorofluorocarbon-12 (CFC-12)
              chlorofluorocarbon-113 (CFC-113)
              chlorofluorocarbon-114 (CFC-114)
              chlorofluorocarbon-115 (CFC-115)

              Group II
              halon-1211
              halon-1301
              halon-2402

              Group III
              chlorofluorocarbon-13 (CFC-13)
              chlorofluorocarbon-111 (CFC-111)
              chlorofluorocarbon-112 (CFC-112)
              chlorofluorocarbon-211 (CFC-211)
              chlorofluorocarbon-212 (CFC-212)
              chlorofluorocarbon-213 (CFC-213)
              chlorofluorocarbon-214 (CFC-214)
              chlorofluorocarbon-215 (CFC-215)
              chlorofluorocarbon-216 (CFC-216)
              chlorofluorocarbon-217 (CFC-217)

              Group IV
              carbon tetrachloride
  
              Group V
              methyl chloroform

          (2) Isomers.--The initial list under this subsection includes 
        the isomers of the substances described in paragraph (1), other 
        than 1,1,2-trichloroethane (an isomer of methyl chloroform).
          (3) Additions to list.--Pursuant to subsection (c), the 
        Administrator shall add to the list of class I substances any 
        other substance that the Administrator finds causes or 
        contributes significantly to harmful effects on the 
        stratospheric ozone layer. The Administrator shall, pursuant to 
        subsection (c), add to the list all substances that the 
        Administrator determines have an ozone depletion potential of 
        0.2 or greater.
  (b) List of Class II Substances.--
          (1) Initial list.--Simultaneously with publication of the 
        initial list of class I substances, the Administrator shall 
        publish an initial list of class II substances that contains 
        the following substances:

              hydrochlorofluorocarbon-21 (HCFC-21)
              hydrochlorofluorocarbon-22 (HCFC-22)
              hydrochlorofluorocarbon-31 (HCFC-31)
              hydrochlorofluorocarbon-121 (HCFC-121)
              hydrochlorofluorocarbon-122 (HCFC-122)
              hydrochlorofluorocarbon-123 (HCFC-123)
              hydrochlorofluorocarbon-124 (HCFC-124)
              hydrochlorofluorocarbon-131 (HCFC-131)
              hydrochlorofluorocarbon-132 (HCFC-132)
              hydrochlorofluorocarbon-133 (HCFC-133)
              hydrochlorofluorocarbon-141 (HCFC-141)
              hydrochlorofluorocarbon-142 (HCFC-142)
              hydrochlorofluorocarbon-221 (HCFC-221)
              hydrochlorofluorocarbon-222 (HCFC-222)
              hydrochlorofluorocarbon-223 (HCFC-223)
              hydrochlorofluorocarbon-224 (HCFC-224)
              hydrochlorofluorocarbon-225 (HCFC-225)
              hydrochlorofluorocarbon-226 (HCFC-226)
              hydrochlorofluorocarbon-231 (HCFC-231)
              hydrochlorofluorocarbon-232 (HCFC-232)
              hydrochlorofluorocarbon-233 (HCFC-233)
              hydrochlorofluorocarbon-234 (HCFC-234)
              hydrochlorofluorocarbon-235 (HCFC-235)
              hydrochlorofluorocarbon-241 (HCFC-241)
              hydrochlorofluorocarbon-242 (HCFC-242)
              hydrochlorofluorocarbon-243 (HCFC-243)
              hydrochlorofluorocarbon-244 (HCFC-244)
              hydrochlorofluorocarbon-251 (HCFC-251)
              hydrochlorofluorocarbon-252 (HCFC-252)
              hydrochlorofluorocarbon-253 (HCFC-253)
              hydrochlorofluorocarbon-261 (HCFC-261)
              hydrochlorofluorocarbon-262 (HCFC-262)
              hydrochlorofluorocarbon-271 (HCFC-271)

          (2) Isomers.--The initial list under this subsection includes 
        the isomers of the substances described in paragraph (1).
          (3) Additions to list.--Pursuant to subsection (c), the 
        Administrator shall add to the list of class II substances any 
        other substance that the Administrator finds is known or may 
        reasonably be anticipated to cause or contribute to harmful 
        effects on the stratospheric ozone layer.
  (c) Additions to Lists.--
          (1) In general.--The Administrator may add, by regulation, in 
        accordance with the criteria set forth in subsection (a) or 
        (b), as the case may be, any substance to the list of class I 
        substances or class II substances under subsection (a) or (b). 
        For purposes of exchanges under section 237107 of this title, 
        whenever a substance is added to the list of class I substances 
        the Administrator shall, to the extent consistent with the 
        Montreal Protocol, assign the substance to existing Group I, 
        II, III, IV, or V or place the substance in a new Group.
          (2) Periodic listing.--Periodically, but not less frequently 
        than every 3 years, the Administrator shall list, by 
        regulation, as additional class I substances or class II 
        substances the substances that the Administrator finds meet the 
        criteria of subsection (a) or (b), as the case may be.
          (3) Petitions.--
                  (A) In general.--Any person may petition the 
                Administrator to add a substance to the list of class I 
                substances or class II substances. Pursuant to the 
                criteria set forth in subsection (a) or (b), as the 
                case may be, within 180 days after receiving such a 
                petition, the Administrator shall propose to add the 
                substance to the list or publish an explanation of the 
                petition denial. In any case where the Administrator 
                proposes to add a substance to the list, the 
                Administrator shall add by regulation, or make a final 
                determination not to add, the substance to the list 
                within 1 year after receiving the petition.
                  (B) Showing.--Any petition under this paragraph shall 
                include a showing by the petitioner that there are data 
                on the substance adequate to support the petition.
                  (C) Further information.--If the Administrator 
                determines that information on the substance is not 
                sufficient to make a determination under this 
                paragraph, the Administrator shall use any authority 
                available to the Administrator, under any law 
                administered by the Administrator, to acquire the 
                information.
          (4) Removal from list.--Only a class II substance that is 
        added to the list of class I substances may be removed from the 
        list of class II substances. No substance described in 
        subsection (a), including methyl chloroform, may be removed 
        from the list of class I substances.
  (d) New Listed Substances.--
          (1) Extension.--In the case of any substance added to the 
        list of class I substances or class II substances after 
        publication of the initial lists of class I substances and 
        class II substances under this section, the Administrator may 
        extend any schedule or compliance deadline contained in section 
        237105 of this title to a later date than is specified in that 
        section if the schedule or deadline is unattainable, 
        considering when the substance is added to the list.
          (2) Limitations.--
                  (A) Class i substances.--No extension under this 
                subsection may extend the date for termination of 
                production of any class I substance to a date that is 
                more than 7 years after January 1 of the year after the 
                year in which the substance is added to the list of 
                class I substances.
                  (B) Class ii substances.--No extension under this 
                subsection may extend the date for termination of 
                production of any class II substance to a date more 
                than 10 years after January 1 of the year after the 
                year in which the substance is added to the list of 
                class II substances.
  (e) Ozone-Depletion and Global Warming Potential.--
          (1) Assignment of numerical value and publication of chlorine 
        and bromine loading potential and atmospheric lifetime.--
        Simultaneously with any addition to either of the lists, the 
        Administrator shall--
                  (A) assign to each listed substance a numerical value 
                representing the substance's ozone-depletion potential; 
                and
                  (B) publish the chlorine and bromine loading 
                potential and the atmospheric lifetime of each listed 
                substance.
          (2) Publication of global warming potential.--
                  (A) In general.--One year after the addition of a 
                substance to either of the lists, after notice and 
                opportunity for public comment, the Administrator shall 
                publish the global warming potential of each listed 
                substance.
                  (B) No basis for additional regulation.--Subparagraph 
                (A) shall not be construed to be the basis of any 
                additional regulation under this division.
          (3) Ozone-depletion potential.--
                  (A) In general.--In the case of the substances 
                described in table 1, the ozone-depletion potential 
                shall be as specified in table 1, unless the 
                Administrator adjusts the substance's ozone-depletion 
                potential based on criteria described in section 
                237101(10) of this title:

                                 Table 1
------------------------------------------------------------------------
                                                                 Ozone-
                          Substance                            depletion
                                                               potential
------------------------------------------------------------------------
chlorofluorocarbon-11 (CFC-11)...............................     1.0
chlorofluorocarbon-12 (CFC-12)...............................     1.0
chlorofluorocarbon-13 (CFC-13)...............................     1.0
chlorofluorocarbon-111 (CFC-111).............................     1.0
chlorofluorocarbon-112 (CFC-112).............................     1.0
chlorofluorocarbon-113 (CFC-113).............................     0.8
chlorofluorocarbon-114 (CFC-114).............................     1.0
chlorofluorocarbon-115 (CFC-115).............................     0.6
chlorofluorocarbon-211 (CFC-211).............................     1.0
chlorofluorocarbon-212 (CFC-212).............................     1.0
chlorofluorocarbon-213 (CFC-213).............................     1.0
chlorofluorocarbon-214 (CFC-214).............................     1.0
chlorofluorocarbon-215 (CFC-215).............................     1.0
chlorofluorocarbon-216 (CFC-216).............................     1.0
chlorofluorocarbon-217 (CFC-217).............................     1.0
halon-1211...................................................     3.0
halon-1301...................................................    10.0
halon-2402...................................................     6.0
carbon tetrachloride.........................................     1.1
methyl chloroform............................................     0.1
hydrochlorofluorocarbon-22 (HCFC-22).........................     0.05
hydrochlorofluorocarbon-123 (HCFC-123).......................     0.02
hydrochlorofluorocarbon-124 (HCFC-124).......................     0.02
hydrochlorofluorocarbon-141(b) (HCFC-141(b)).................     0.1
hydrochlorofluorocarbon-142(b) (HCFC-142(b)).................     0.06
------------------------------------------------------------------------

                  (B) Specification in montreal protocol.--Where the 
                ozone-depletion potential of a substance is specified 
                in the Montreal Protocol, the ozone-depletion potential 
                specified for that substance under this section shall 
                be consistent with the Montreal Protocol.
Sec. 237103. Monitoring and reporting requirements
  (a) Regulations.--The regulations of the Administrator regarding 
monitoring and reporting of class I substances and class II substances 
shall conform to the requirements of this section. The regulations 
shall include requirements with respect to the time and manner of 
monitoring and reporting as required under this section.
  (b) Production, Import, and Export Level Reports.--On a quarterly 
basis, or such other basis (not less than annually) as the 
Administrator may determine, each person that produces, imports, or 
exports a class I substance or class II substance shall file a report 
with the Administrator setting forth the amount of the substance that 
the person produced, imported, and exported during the preceding 
reporting period. Each such report shall be signed and attested by a 
responsible officer. No such report shall be required from a person 
after April 1 of the calendar year after the person permanently ceases 
production, importation, and exportation of the substance and so 
notifies the Administrator in writing.
  (c) Baseline Reports for Class I Substances.--Unless such information 
has previously been reported to the Administrator, on the date on which 
the 1st report under subsection (b) is required to be filed, each 
person that produces, imports, or exports a class I substance (other 
than a substance added to the list of class I substances after the 
publication of the initial list of class I substances under this 
section) shall file a report with the Administrator setting forth the 
amount of the class I substance that the person produced, imported, and 
exported during the baseline year. In the case of a substance added to 
the list of class I substances after publication of the initial list of 
class I substances under this section, the regulations shall require 
that each person that produced, imported, or exported the class I 
substance shall file a report with the Administrator within 180 days 
after the date on which the class I substance is added to the list, 
setting forth the amount of the class I substance that the person 
produced, imported, and exported in the baseline year.
  (d) Monitoring and Reports to Congress.--
          (1) Production, use, and consumption of class i substances 
        and class ii substances.--The Administrator shall monitor the 
        production, use, and consumption of class I substances and 
        class II substances. Not less frequently than every 6 years, 
        the Administrator shall report to Congress on the environmental 
        and economic effects of any stratospheric ozone depletion.
          (2) Tropospheric concentration of chlorine and bromine and 
        level of stratospheric ozone depletion.--
                  (A) In general.--The Administrator of the National 
                Aeronautics and Space Administration and the 
                Administrator of the National Oceanic and Atmospheric 
                Administration shall monitor, and not less often than 
                every 3 years submit to Congress a report on, the 
                current average tropospheric concentration of chlorine 
                and bromine and the level of stratospheric ozone 
                depletion.
                  (B) Contents.--A report under subparagraph (A) shall 
                include updated projections of--
                          (i) peak chlorine loading;
                          (ii) the rate at which the atmospheric 
                        abundance of chlorine is projected to decrease; 
                        and
                          (iii) the date by which the atmospheric 
                        abundance of chlorine is projected to return to 
                        a level of 2 parts per billion.
                  (C) Basis of projections.--Updated projections under 
                subparagraph (B) shall be made on the basis of--
                          (i) current international and domestic 
                        controls on substances covered by this 
                        subdivision; and
                          (ii) controls described in clause (i) 
                        supplemented by a year 2000 global phaseout of 
                        all halocarbon emissions (the base case).
                  (D) Purpose.--It is the purpose of Congress through 
                this section to monitor closely the production and 
                consumption of class II substances to ensure that the 
                production and consumption of class II substances will 
                not--
                          (i) increase significantly the peak chlorine 
                        loading that is projected to occur under the 
                        base case established for purposes of this 
                        section;
                          (ii) reduce significantly the rate at which 
                        the atmospheric abundance of chlorine is 
                        projected to decrease under the base case; or
                          (iii) delay the date by which the average 
                        atmospheric concentration of chlorine is 
                        projected under the base case to return to a 
                        level of 2 parts per billion.
  (e) Technology Status Report in 2015.--The Administrator shall 
review, on a periodic basis, the progress being made in the development 
of alternative systems or products necessary to manufacture and operate 
appliances without class II substances. If the Administrator finds, 
after notice and opportunity for public comment, that as a result of 
technological development problems, the development of such alternative 
systems or products will not occur within the time necessary to provide 
for the manufacture of such equipment without class II substances prior 
to the applicable deadlines under section 237105 of this title, the 
Administrator shall, not later than January 1, 2015, so inform 
Congress.
  (f) Emergency Report.--
          (1) In general.--If, in consultation with the Administrator 
        of the National Aeronautics and Space Administration and the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, and after notice and opportunity for public 
        comment, the Administrator determines that the global 
        production, consumption, and use of class II substances are 
        projected to contribute to an atmospheric chlorine loading in 
        excess of the base case projections by more than \5/10\ths part 
        per billion, the Administrator shall so inform Congress 
        immediately.
          (2) Determination.--A determination under paragraph (2) shall 
        be--
                  (A) based on the monitoring under subsection (d); and
                  (B) updated not less often than every 3 years.
Sec. 237104. Prohibition of production and consumption of class I 
                    substances
  (a) Prohibition of Production of Class I Substances.--It shall be 
unlawful for any person to produce any amount of a class I substance 
except as provided in this section.
  (b) Exceptions for Medical Devices and Aviation Safety.--
          (1) Medical devices.--The Administrator, after notice and 
        opportunity for public comment, shall, to the extent that such 
        action is consistent with the Montreal Protocol, authorize the 
        production of limited quantities of class I substances solely 
        for use in medical devices if the authorization is determined 
        by the Commissioner, in consultation with the Administrator, to 
        be necessary for use in medical devices.
          (2) Aviation safety.--
                  (A) In general.--The Administrator, after notice and 
                opportunity for public comment, may, to the extent such 
                action is consistent with the Montreal Protocol, 
                authorize the production of limited quantities of 
                halon-1211 (bromochlorodifluoromethane), halon-1301 
                (bromotrifluoromethane), and halon-2402 
                (dibromotetrafluoroethane) solely for purposes of 
                aviation safety if the Administrator of the Federal 
                Aviation Administration, in consultation with the 
                Administrator, determines that no safe and effective 
                substitute has been developed and that the 
                authorization is necessary for aviation safety 
                purposes.
                  (B) Examination.--The Administrator of the Federal 
                Aviation Administration shall, in consultation with the 
                Administrator, examine whether safe and effective 
                substitutes for methyl chloroform or alternative 
                techniques will be available for nondestructive testing 
                for metal fatigue and corrosion of existing airplane 
                engines and airplane parts susceptible to metal fatigue 
                and whether an exception for such uses of methyl 
                chloroform under this paragraph is necessary for 
                purposes of airline safety.
          (3) Cap on exceptions.--Under no circumstances may the 
        authority set forth in paragraphs (1) and (2) be applied to 
        authorize any person to produce a class I substance in annual 
        quantities greater than 10 percent of that produced by the 
        person during the baseline year.
  (c) Methyl Bromide.--
          (1) Sanitation and food protection.--To the extent consistent 
        with the Montreal Protocol's quarantine and preshipment 
        provisions, the Administrator shall exempt the production, 
        importation, and consumption of methyl bromide to fumigate 
        commodities entering or leaving the United States or any State 
        (or political subdivision thereof) for purposes of compliance 
        with Animal and Plant Health Inspection Service requirements or 
        with any international, Federal, State, or local sanitation or 
        food protection standard.
          (2) Critical uses.--To the extent consistent with the 
        Montreal Protocol, the Administrator, after notice and the 
        opportunity for public comment, and after consultation with 
        other departments or instrumentalities of the Federal 
        Government having regulatory authority related to methyl 
        bromide, including the Secretary of Agriculture, may exempt the 
        production, importation, and consumption of methyl bromide for 
        critical uses.
          (3) Schedule.--Notwithstanding subsections (a) and (b), the 
        Administrator shall promulgate regulations for reductions in, 
        and terminate the production, importation, and consumption of, 
        methyl bromide under a schedule that is in accordance with, but 
        not more stringent than, the phaseout schedule of the Montreal 
        Protocol as in effect on October 21, 1998.
  (d) Developing countries.--
          (1) Exception.--The Administrator, after notice and 
        opportunity for public comment, may, consistent with the 
        Montreal Protocol, authorize the production of limited 
        quantities of a class I substance solely for export to, and use 
        in, developing countries that are parties to the Montreal 
        Protocol and are operating under article 5 of the Montreal 
        Protocol. Any production authorized under this paragraph shall 
        be solely for purposes of satisfying the basic domestic needs 
        of such countries.
          (2) Cap on exception.--
                  (A) In general.--Under no circumstances may the 
                authority set forth in paragraph (1) be applied to 
                authorize any person to produce a class I substance in 
                any year in an annual quantity greater than 15 percent 
                of the baseline quantity of that class I substance 
                produced by that person.
                  (B) Termination of exception.--An exception 
                authorized under this subsection shall terminate not 
                later than January 1, 2010 (2012 in the case of methyl 
                chloroform).
          (3) Methyl bromide.--Notwithstanding the phaseout and 
        termination of production of methyl bromide pursuant to 
        subsection (c)(3), the Administrator may, consistent with the 
        Montreal Protocol, authorize the production of limited 
        quantities of methyl bromide, solely for use in developing 
        countries that are parties to the Copenhagen Amendment to the 
        Montreal Protocol (32 I.L.M. 874).
  (e) National Security.--
          (1) In general.--The President may, to the extent that such 
        action is consistent with the Montreal Protocol, issue such 
        orders regarding production and use of chlorofluorocarbon-114, 
        halon-1211, halon-1301, and halon-2402, at any specified site 
        or facility or on any vessel as may be necessary to protect the 
        national security interests of the United States if the 
        President finds that adequate substitutes are not available and 
        that the production and use of the substance are necessary to 
        protect the national security interests of the United States.
          (2) Exemptions.--
                  (A) In general.--An order under paragraph (1) may 
                include, where necessary to protect the national 
                security interests of the United States, an exemption 
                from any prohibition or requirement contained in this 
                subdivision.
                  (B) Notification of congress.--The President shall 
                notify Congress within 30 days of the issuance of an 
                order under paragraph (1) providing for an exemption 
                under subparagraph (A). The notification shall include 
                a statement of the reasons for the granting of the 
                exemption.
                  (C) Time period.--An exemption under this paragraph 
                shall be for a specified period, which may not exceed 1 
                year.
                  (D) Additional exemptions.--Additional exemptions may 
                be granted, each on the President's issuance of a new 
                order under paragraph (1). Each additional exemption 
                shall be for a specified period, which may not exceed 1 
                year.
                  (E) Lack of appropriation.--No exemption shall be 
                granted under this paragraph due to lack of 
                appropriation unless the President specifically 
                requests an appropriation as a part of the budgetary 
                process and Congress fails to make available the 
                requested appropriation.
Sec. 237105. Phaseout of production and consumption of class II 
                    substances
  (a) Restriction on Use of Class II Substances.--
          (1) Definition of refrigerant.--In this subsection, the term 
        ``refrigerant'' means any class II substance used for heat 
        transfer in a refrigerating system.
          (2) Prohibition.--Effective January 1, 2015, it shall be 
        unlawful for any person to introduce into interstate commerce 
        or use any class II substance unless the class II substance--
                  (A) has been used, recovered, and recycled;
                  (B) is used and entirely consumed (except for trace 
                quantities) in the production of other chemicals;
                  (C) is used as a refrigerant in an appliance 
                manufactured prior to January 1, 2020; or
                  (D) is listed as acceptable for use as a fire 
                suppression agent for nonresidential applications in 
                accordance with section 237112(c)(2) of this title.
  (b) Production Phaseout.--
          (1) Production in quantity greater than the quantity produced 
        during the baseline year.--Effective January 1, 2015, it shall 
        be unlawful for any person to produce any class II substance in 
        an annual quantity greater than the quantity of that class II 
        substance produced by that person during the baseline year.
          (2) Production in any quantity.--Effective January 1, 2030, 
        it shall be unlawful for any person to produce any class II 
        substance.
  (c) Regulations Regarding Production and Consumption of Class II 
Substances.--The Administrator shall promulgate regulations to--
          (1) phase out the production, and restrict the use, of class 
        II substances in accordance with this section, subject to any 
        acceleration of the phaseout of production under section 237106 
        of this title; and
          (2) ensure that the consumption of class II substances in the 
        United States is phased out and terminated in accordance with 
        the same schedule (subject to the same exceptions and other 
        provisions) as is applicable to the phaseout and termination of 
        production of class II substances under this subdivision.
  (d) Exceptions.--
          (1) Medical devices.--
                  (A) In general.--Notwithstanding the termination of 
                production required under subsection (b)(2) and the 
                restriction on use described in subsection (a), the 
                Administrator, after notice and opportunity for public 
                comment, shall, to the extent that such action is 
                consistent with the Montreal Protocol, authorize the 
                production and use of limited quantities of class II 
                substances solely for purposes of use in medical 
                devices if the authorization is determined by the 
                Commissioner, in consultation with the Administrator, 
                to be necessary for use in medical devices.
                  (B) Cap on exception.--Under no circumstances may the 
                authority set forth in subparagraph (A) be applied to 
                authorize any person to produce a class II substance in 
                annual quantities greater than 10 percent of that class 
                II substance produced by that person during the 
                baseline year.
          (2) Developing countries.--
                  (A) In general.--Notwithstanding subsection (a) or 
                (b), the Administrator, after notice and opportunity 
                for public comment, may authorize the production of 
                limited quantities of a class II substance in excess of 
                the quantities otherwise permitted under subsections 
                (a) and (b) solely for export to and use in developing 
                countries that are parties to the Montreal Protocol, as 
                determined by the Administrator. Any production 
                authorized under this subsection shall be solely for 
                purposes of satisfying the basic domestic needs of 
                developing countries.
                  (B) Cap on exception.--
                          (i) Before 2030.--Under no circumstances may 
                        the authority set forth in subparagraph (A) be 
                        applied to authorize any person to produce a 
                        class II substance in any year following the 
                        effective date of subsection (b)(1) and before 
                        the year 2030 in an annual quantity that is 
                        greater than 110 percent of the quantity of 
                        that class II substance produced by that person 
                        during the baseline year.
                          (ii) 2030 and thereafter.--Under no 
                        circumstances may the authority set forth in 
                        subparagraph (A) be applied to authorize any 
                        person to produce a class II substance in the 
                        year 2030 or any year thereafter in an annual 
                        quantity that is greater than 15 percent of the 
                        quantity of that class II substance produced by 
                        that person during the baseline year.
                          (iii) Termination of exceptions.--Each 
                        exception authorized under this paragraph shall 
                        terminate not later than January 1, 2040.
Sec. 237106. Accelerated schedule
  (a) In General.--The Administrator shall promulgate regulations that 
establish a schedule for phasing out the production, consumption, or 
use of class II substance that is more stringent than set forth in 
section 237105 of this title if--
          (1) based on an assessment of credible current scientific 
        information (including any assessment under the Montreal 
        Protocol) regarding harmful effects on the stratospheric ozone 
        layer associated with the class II substance, the Administrator 
        determines that a more stringent schedule may be necessary to 
        protect human health and the environment against those effects;
          (2) based on the availability of substitutes for the class II 
        substance, the Administrator determines that a more stringent 
        schedule is practicable, taking into account technological 
        achievability, safety, and other relevant factors; or
          (3) the Montreal Protocol is modified to include a schedule 
        to control or reduce production, consumption, or use of the 
        class II substance more rapidly than the applicable schedule 
        under this subdivision.
  (b) Consideration of Status of Remaining Period.--In making any 
determination under paragraph (1) or (2) of subsection (a), the 
Administrator shall consider the status of the period remaining under 
the applicable schedule under this subdivision.
  (c) Petition.--
          (1) In general.--Any person may petition the Administrator to 
        promulgate regulations under this section. The Administrator 
        shall grant or deny such a petition within 180 days after 
        receipt of any such petition.
          (2) Showing.--A petition under this subsection shall include 
        a showing by the petitioner that there are data adequate to 
        support the petition.
          (3) Further information.--If the Administrator determines 
        that information is not sufficient to make a determination 
        under this subsection, the Administrator shall use any 
        authority available to the Administrator, under any law 
        administered by the Administrator, to acquire the information.
          (4) Denial of petition.--If the Administrator denies the 
        petition, the Administrator shall publish an explanation of why 
        the petition was denied.
          (5) Grant of petition.--If the Administrator grants the 
        petition, the final regulations shall be promulgated within 1 
        year.
Sec. 237107. Exchange authority
  (a) Transfers.--The Administrator shall promulgate regulations under 
this subdivision providing for the issuance of allowances for the 
production of class I substances and class II substances in accordance 
with the requirements of this subdivision and governing the transfer of 
such allowances. The regulations shall ensure that the transactions 
under the authority of this section will result in greater total 
reductions in the production in each year of class I substances and 
class II substances than would occur in that year in the absence of 
such transactions.
  (b) Interpollutant Transfers.--
          (1) Production allowance.--The regulations under this section 
        shall permit a production allowance for a substance for any 
        year to be transferred for a production allowance for another 
        substance for the same year on an ozone depletion weighted 
        basis.
          (2) Groups of class i substances.--Allowances for substances 
        in each group of class I substances (as listed pursuant to 
        section 237102 of this title) may be transferred only for 
        allowances for other class I substances in the same group.
          (3) Groups of class ii substances.--The Administrator shall, 
        as appropriate, establish groups of class II substances for 
        trading purposes and assign class II substances to such groups. 
        In the case of class II substances, allowances may be 
        transferred only for allowances for other class II substances 
        that are in the same group.
  (c) Trades With Other Persons.--The regulations under this section 
shall permit 2 or more persons to transfer production allowances 
(including interpollutant transfers that meet the requirements of 
subsections (a) and (b)) if the transferor of the allowances will be 
subject, under the regulations, to an enforceable and quantifiable 
reduction in annual production that--
          (1) exceeds the reduction otherwise applicable to the 
        transferor under this subdivision;
          (2) exceeds the production allowances transferred to the 
        transferee; and
          (3) would not have occurred in the absence of the 
        transaction.
  (d) Consumption.--The regulations under this section shall provide 
for the issuance of consumption allowances in accordance with the 
requirements of this subdivision and for the trading of such allowances 
in the same manner as is applicable under this section to the trading 
of production allowances under this section.
Sec. 237108. National recycling and emission reduction program
  (a) In General.--
          (1) Use and disposal of class i substances and class ii 
        substances.--The Administrator shall promulgate regulations 
        establishing standards and requirements regarding use and 
        disposal of class I substances and class II substances, 
        including the use and disposal of class I substances and class 
        II substances during service, repair, or disposal of appliances 
        and industrial process refrigeration.
          (2) Contents.--The regulations under this subsection--
                  (A) shall include requirements that--
                          (i) reduce the use and emission of class I 
                        substances and class II substances to the 
                        lowest achievable level; and
                          (ii) maximize the recapture and recycling of 
                        class I substances and class II substances; and
                  (B) may include requirements--
                          (i) to use alternative substances (including 
                        substances that are not class I substances or 
                        class II substances) or to minimize use of 
                        class I substances or class II substances; or
                          (ii) to promote the use of safe alternatives 
                        pursuant to section 237112 of this title.
  (b) Safe Disposal.--
          (1) In general.--The regulations under subsection (a) shall 
        establish standards and requirements for the safe disposal of 
        class I substances and class II substances.
          (2) Contents.--The regulations shall require that--
                  (A) a class I substance or class II substance 
                contained in bulk in appliances, machines, or other 
                goods shall be removed from each appliance, machine, or 
                other good prior to disposal of, or delivery for 
                recycling of, the appliance, machine, or good;
                  (B) any appliance, machine, or other good containing 
                a class I substance or class II substance in bulk shall 
                not be manufactured, sold, or distributed in interstate 
                commerce or offered for sale or distribution in 
                interstate commerce unless it is equipped with a 
                servicing aperture or an equally effective design 
                feature that will facilitate the recapture of the class 
                I substance or class II substance during service and 
                repair or disposal of the appliance, machine, or good; 
                and
                  (C) any product in which a class I substance or class 
                II substance is incorporated so as to constitute an 
                inherent element of the product shall be disposed of in 
                a manner that reduces, to the maximum extent 
                practicable, the release of the class I substance or 
                class II substance into the environment.
          (3) Exception.--If the Administrator determines that the 
        application of this paragraph to any product would result in 
        producing only insignificant environmental benefits, the 
        Administrator shall include in the regulations an exception for 
        that product.
  (c) Prohibitions.--
          (1) Release or disposal of class i substance or class ii 
        substance.--
                  (A) In general.--It shall be unlawful for any person, 
                in the course of maintaining, servicing, repairing, or 
                disposing of an appliance or industrial process 
                refrigeration, to knowingly vent or otherwise knowingly 
                release or dispose of any class I substance or class II 
                substance used as a refrigerant in the appliance or 
                industrial process refrigeration in a manner that 
                permits the class I substance or class II substance to 
                enter the environment.
                  (B) De minimis release.--A de minimis release 
                associated with a good faith attempt to recapture and 
                recycle or safely dispose of a class I substance or 
                class II substance shall not be subject to the 
                prohibition set forth in subparagraph (A).
          (2) Release or disposal of substitute substance for a class i 
        substance or class ii substance.--
                  (A) Definition of appliance.--In this paragraph, the 
                term ``appliance'' includes any device that contains 
                and uses as a refrigerant a substitute substance and 
                that is used for household or commercial purposes, 
                including any air conditioner, refrigerator, chiller, 
                or freezer.
                  (B) Prohibition.--It shall be unlawful for any 
                person, in the course of maintaining, servicing, 
                repairing, or disposing of an appliance or industrial 
                process refrigeration, to knowingly vent or otherwise 
                knowingly release or dispose of any substitute 
                substance for a class I substance or class II substance 
                that contains and uses as a refrigerant any such 
                substitute substance, unless the Administrator 
                determines that venting, releasing, or disposing of 
                that substitute substance does not pose a threat to the 
                environment.
Sec. 237109. Servicing of motor vehicle air conditioners
  (a) Definitions.--In this section:
          (1) Approved refrigerant recycling equipment.--
                  (A) In general.--The term ``approved refrigerant 
                recycling equipment'' means equipment certified by the 
                Administrator (or an independent standards testing 
                organization approved by the Administrator) to meet the 
                standards established by the Administrator and 
                applicable to equipment for the extraction and 
                reclamation of refrigerant from motor vehicle air 
                conditioners.
                  (B) Stringency.--The standards under subparagraph (A) 
                shall, at a minimum, be at least as stringent as the 
                standards of the Society of Automotive Engineers in 
                effect as of November 15, 1990, and applicable to 
                equipment described in subparagraph (A) (SAE standard 
                J-1990).
                  (C) Equipment purchased before the proposal of 
                regulations.--Equipment purchased before the proposal 
                of regulations under this section shall be considered 
                certified if it is substantially identical to equipment 
                certified as provided in subparagraph (A).
          (2) Properly trained and certified.--
                  (A) In general.--The term ``properly trained and 
                certified'' means having training and certification in 
                the proper use of approved refrigerant recycling 
                equipment for motor vehicle air conditioners in 
                conformity with standards established by the 
                Administrator and applicable to the performance of 
                service on motor vehicle air conditioners.
                  (B) Stringency.--The standards under subparagraph (A) 
                shall, at a minimum, be at least as stringent as 
                specified, as of November 15, 1990, in SAE standard J-
                1989 under the certification program of the National 
                Institute for Automotive Service Excellence or under a 
                similar program such as the training and certification 
                program of the Mobile Air Conditioning Society.
          (3) Properly use.--
                  (A) In general.--The term ``properly use'', with 
                respect to the use of approved refrigerant recycling 
                equipment, means to use in conformity with standards 
                established by the Administrator and applicable to the 
                use of the equipment.
                  (B) Stringency.--The standards under subparagraph (A) 
                shall, at a minimum, be at least as stringent as the 
                standards of the Society of Automotive Engineers in 
                effect as of November 15, 1990, and applicable to the 
                use of equipment described in subparagraph (A) (SAE 
                standard J-1989).
          (4) Refrigerant.--The term ``refrigerant'' means any class I 
        substance, class II substance, or substitute substance for a 
        class I substance or class II substance used in a motor vehicle 
        air conditioner.
  (b) Regulations.--The Administrator shall promulgate regulations 
establishing standards and requirements regarding the servicing of 
motor vehicle air conditioners.
  (c) Prohibitions.--
          (1) Proper use.--No person repairing or servicing motor 
        vehicles for consideration may perform any service on a motor 
        vehicle air conditioner involving the refrigerant for the air 
        conditioner without properly using approved refrigerant 
        recycling equipment;
          (2) Proper training and certification.--No person repairing 
        or servicing motor vehicles for consideration may perform the 
        service unless the person has been properly trained and 
        certified.
  (d) Certification.--
          (1) In general.--Each person performing service on motor 
        vehicle air conditioners for consideration shall certify to the 
        Administrator that the person has acquired, and is properly 
        using, approved refrigerant recycling equipment in service on 
        motor vehicle air conditioners involving refrigerant and that 
        each individual authorized by the person to perform that 
        service is properly trained and certified.
          (2) Contents.--A certification under this subsection shall 
        contain--
                  (A) the name and address of the person certifying; 
                and
                  (B) the serial number of each unit of approved 
                recycling equipment acquired by the person.
          (3) Manner of certification.--A certification under this 
        subsection--
                  (A) shall be signed and attested by the owner or 
                another responsible officer; and
                  (B) may be made by submitting the required 
                information to the Administrator on a standard form 
                provided by the manufacturer of certified refrigerant 
                recycling equipment.
  (e) Small Containers of Class I Substances or Class II Substances.--
It shall be unlawful for any person to sell or distribute, or offer for 
sale or distribution, in interstate commerce to any person (other than 
a person performing service for consideration on motor vehicle air 
conditioning systems in compliance with this section) any class I 
substance or class II substance that is suitable for use as a 
refrigerant in a motor vehicle air conditioning system and that is in a 
container that contains less than 20 pounds of the refrigerant.
Sec. 237110. Nonessential products containing chlorofluorocarbons
  (a) Nonessential Products.--
          (1) In general.--The Administrator shall promulgate 
        regulations that--
                  (A) identify nonessential products that release class 
                I substances into the environment (including any 
                release occurring during manufacture, use, storage, or 
                disposal); and
                  (B) prohibit any person from selling or distributing 
                any such product, or offering any such product for sale 
                or distribution, in interstate commerce.
          (2) Applicability.--At a minimum, the prohibition shall apply 
        to--
                  (A) chlorofluorocarbon-propelled plastic party 
                streamers and noise horns;
                  (B) chlorofluorocarbon-containing cleaning fluids for 
                noncommercial electronic and photographic equipment; 
                and
                  (C) other consumer products that are determined by 
                the Administrator--
                          (i) to release class I substances into the 
                        environment (including any release occurring 
                        during manufacture, use, storage, or disposal); 
                        and
                          (ii) to be nonessential.
          (3) Determination.--In determining whether a product is 
        nonessential, the Administrator shall consider--
                  (A) the purpose or intended use of the product;
                  (B) the technological availability of substitutes for 
                the product and for the class I substance;
                  (C) safety;
                  (D) health; and
                  (E) other relevant factors.
  (b) Prohibitions.--
          (1) In general.--It shall be unlawful for any person to sell 
        or distribute, or offer for sale or distribution, in interstate 
        commerce any nonessential product to which regulations under 
        subsection (a) are applicable.
          (2) Other products.--
                  (A) Prohibition.--It shall be unlawful for any person 
                to sell or distribute, or offer for sale or 
                distribution, in interstate commerce--
                          (i) any aerosol product or other pressurized 
                        dispenser that contains a class II substance; 
                        or
                          (ii) any plastic foam product that contains, 
                        or is manufactured with, a class II substance.
                  (B) Exceptions.--The Administrator may grant 
                exceptions from the prohibition under subparagraph 
                (A)(i) where--
                          (i) the use of the aerosol product or 
                        pressurized dispenser is determined by the 
                        Administrator to be essential as a result of 
                        flammability or worker safety concerns; and
                          (ii) the only available alternative to use of 
                        a class II substance is use of a class I 
                        substance that legally could be substituted for 
                        the class II substance.
                  (C) Nonapplicability.--Subparagraph (A)(ii) shall not 
                apply to--
                          (i) a foam insulation product; or
                          (ii) an integral skin, rigid, or semi-rigid 
                        foam utilized to provide for motor vehicle 
                        safety in accordance with Federal Motor Vehicle 
                        Safety Standards where no adequate substitute 
                        substance (other than a class I substance or 
                        class II substance) is practicable for 
                        effectively meeting those standards.
  (c) Medical Devices.--Nothing in this section applies to a medical 
device.
Sec. 237111. Labeling
  (a) Containers Containing a Class I Substance or Class II Substance; 
Products Containing a Class I Substance.--No container in which a class 
I substance or class II substance is stored or transported, and no 
product containing a class I substance, shall be introduced into 
interstate commerce unless it bears a clearly legible and conspicuous 
label stating:
                  ``Warning: Contains [insert name of substance], a 
                substance that harms public health and environment by 
                destroying ozone in the upper atmosphere''.
  (b) Products Containing a Class II Substance.--
          (1) Before january 1, 2015.--Before January 1, 2015, no 
        product containing a class II substance shall be introduced 
        into interstate commerce unless it bears the label described in 
        subsection (a) if the Administrator determines, after notice 
        and opportunity for public comment, that there is a substitute 
        product or manufacturing process--
                  (A) that does not rely on the use of the class II 
                substance;
                  (B) that reduces the overall risk to human health and 
                the environment; and
                  (C) that is currently or potentially available.
          (2) On and after january 1, 2015.--Effective January 1, 2015, 
        no product containing a class II substance shall be introduced 
        into interstate commerce unless it bears the label described in 
        subsection (a).
  (c) Products Manufactured With a Class I Substance or Class II 
Substance.--
          (1) Before january 1, 2015.--
                  (A) Class ii substances.--Before January 1, 2015, if 
                the Administrator, after notice and opportunity for 
                public comment, makes the determination described in 
                subsection (b)(1) with respect to a product 
                manufactured with a process that uses a class II 
                substance, no such product shall be introduced into 
                interstate commerce unless it bears a clearly legible 
                and conspicuous label stating the following:
                          ``Warning: Manufactured with [insert name of 
                        substance], a substance that harms public 
                        health and environment by destroying ozone in 
                        the upper atmosphere''.
                  (B) Class i substances.--Before January 1, 2015, no 
                product manufactured with a process that uses a class I 
                substance shall be introduced into interstate commerce 
                unless it bears a label described in subparagraph (A) 
                unless the Administrator determines that there is no 
                substitute product or manufacturing process that--
                          (i) does not rely on the use of the class I 
                        substance;
                          (ii) reduces the overall risk to human health 
                        and the environment; and
                          (iii) is currently or potentially available.
          (2) On and after january 1, 2015.--Effective January 1, 2015, 
        no product manufactured with a process that uses a class I 
        substance or class II substance shall be introduced into 
        commerce unless it bears a label described in paragraph (1)(A).
  (d) Petitions.--
          (1) In general.--Any person may petition the Administrator to 
        apply the requirements of this section to a product containing 
        a class II substance or a product manufactured with a class I 
        substance or class II substance that is not otherwise subject 
        to the requirements. Within 180 days after receiving such a 
        petition, the Administrator shall, pursuant to the criteria set 
        forth in subsection (b), propose to apply the requirements of 
        this section to the product or publish an explanation of the 
        petition denial. If the Administrator proposes to apply the 
        requirements to the product, the Administrator shall, by 
        regulation, render a final determination pursuant to those 
        criteria within 1 year after receiving the petition.
          (2) Showing.--Any petition under this paragraph shall include 
        a showing by the petitioner that there are data on the product 
        adequate to support the petition.
          (3) Further information.--If the Administrator determines 
        that information on the product is not sufficient to make the 
        required determination, the Administrator shall use any 
        authority available to the Administrator under any law 
        administered by the Administrator to acquire the information.
          (4) Effective date.--In the case of a product determined by 
        the Administrator, on petition or on the Administrator's own 
        motion, to be subject to the requirements of this section, the 
        effective date for the requirements shall be 1 year after the 
        date of the determination.
  (e) Relationship to Other Law.--
          (1) No defense.--The labeling requirements of this section 
        shall not constitute, in whole or part, a defense to liability 
        or a cause for reduction in damages in any civil or criminal 
        action brought under any Federal or State law other than an 
        action for failure to comply with the labeling requirements of 
        this section.
          (2) No other approval.--No other approval of a label by the 
        Administrator under any other law administered by the 
        Administrator shall be required with respect to the labeling 
        requirements of this section.
  (f) Regulations.--The Administrator shall promulgate regulations to 
implement the labeling requirements of this section.
Sec. 237112. Safe alternatives policy
  (a) Policy.--To the maximum extent practicable, class I substances 
and class II substances shall be replaced by chemicals, product 
substitutes, or alternative manufacturing processes that reduce overall 
risks to human health and the environment.
  (b) Reviews and Reports.--The Administrator shall--
          (1) in consultation and coordination with interested members 
        of the public and the heads of relevant Federal agencies and 
        departments--
                  (A) recommend Federal research programs and other 
                activities to assist in--
                          (i) identifying alternatives to the use of 
                        class I substances and class II substances as 
                        refrigerants, solvents, fire retardants, foam 
                        blowing agents, and other commercial 
                        applications; and
                          (ii) achieving a transition to the 
                        alternatives; and
                  (B) where appropriate, seek to maximize the use of 
                Federal research facilities and resources to assist 
                users of class I substances and class II substances in 
                identifying and developing alternatives to the uses 
                described in subparagraph (A)(i);
          (2)(A) in consultation and coordination with the Secretary of 
        Defense and the heads of other relevant Federal agencies and 
        departments, including the General Services Administration, 
        examine Federal procurement practices with respect to class I 
        substances and class II substances; and
          (B) recommend measures to promote the transition by the 
        Federal Government, as expeditiously as possible, to the use of 
        safe substitutes;
          (3) specify initiatives, including appropriate 
        intergovernmental, international, and commercial information 
        and technology transfers, to promote the development and use of 
        safe substitutes for class I substances and class II 
        substances, including alternative chemicals, product 
        substitutes, and alternative manufacturing processes; and
          (4) maintain a public clearinghouse of alternative chemicals, 
        product substitutes, and alternative manufacturing processes 
        that are available for products and manufacturing processes 
        that use class I substances and class II substances.
  (c) Alternatives for Class I Substances or Class II Substances.--
          (1) In general.--The Administrator shall promulgate 
        regulations under this section providing that it shall be 
        unlawful to replace any class I substance or class II substance 
        with any substitute substance that the Administrator determines 
        may present adverse effects on human health or the environment, 
        where the Administrator has identified an alternative to the 
        replacement that--
                  (A) reduces the overall risk to human health and the 
                environment; and
                  (B) is currently or potentially available.
          (2) Lists.--The Administrator shall publish lists of--
                  (A) the substitutes prohibited under this subsection 
                for specific uses; and
                  (B) the safe alternatives identified under this 
                subsection for specific uses.
  (d) Petitions.--
          (1) In general.--Any person may petition the Administrator to 
        add a substance to the lists under subsection (c) or to remove 
        a substance from either list. The Administrator shall grant or 
        deny the petition within 90 days after receipt of the petition. 
        If the Administrator denies the petition, the Administrator 
        shall publish an explanation of why the petition was denied. If 
        the Administrator grants the petition, the Administrator shall 
        publish a revised list within 6 months thereafter.
          (2) Showing.--Any petition under this subsection shall 
        include a showing by the petitioner that there are data on the 
        substance adequate to support the petition.
          (3) Further information.--If the Administrator determines 
        that information on the substance is not sufficient to make a 
        determination under paragraph (1), the Administrator shall use 
        any authority available to the Administrator under any law 
        administered by the Administrator to acquire the information.
  (e) Studies and Notification.--
          (1) In general.--The Administrator shall--
                  (A) require any person that produces a chemical 
                substitute for a class I substance to provide the 
                Administrator with the person's unpublished health and 
                safety studies on the substitute; and
                  (B) require producers to notify the Administrator not 
                less than 90 days before new or existing chemicals are 
                introduced into interstate commerce for significant new 
                uses as substitutes for a class I substance.
          (2) Public availability of records, reports, and 
        information.--This subsection shall be subject to section 
        211114(c) of this title.
Sec. 237113. Federal procurement
  (a) Regulations.--The Administrator, in consultation with the 
Administrator of General Services and the Secretary of Defense, shall 
promulgate regulations requiring each department, agency, and 
instrumentality of the United States to--
          (1) conform its procurement regulations to the policies and 
        requirements of this subdivision; and
          (2) maximize the substitution of safe alternatives identified 
        under section 237112 of this title for class I substances and 
        class II substances.
  (b) Conformity; Certification.--Each department, agency, and 
instrumentality of the United States shall--
          (1) conform its procurement regulations to the policies and 
        requirements of this subdivision; and
          (2) certify to the President that its regulations have been 
        modified in accordance with this section.
Sec. 237114. Relationship to other laws
  (a) Montreal Protocol.--This subdivision shall be construed, 
interpreted, and applied as a supplement to the terms and conditions of 
the Montreal Protocol, as provided in paragraph 11 of article 2 of the 
Montreal Protocol, and shall not be construed, interpreted, or applied 
to abrogate the responsibilities or obligations of the United States to 
implement fully the provisions of the Montreal Protocol. In the case of 
conflict between any provision of this subdivision and any provision of 
the Montreal Protocol, the more stringent provision shall govern. 
Nothing in this subdivision shall be construed, interpreted, or applied 
to affect the authority or responsibility of the Administrator to 
implement article 4 of the Montreal Protocol with other appropriate 
agencies.
  (b) Technology Export and Overseas Investment.--The President shall--
          (1) prohibit the export of technologies used to produce a 
        class I substance;
          (2) prohibit direct or indirect investments by any person in 
        facilities designed to produce a class I substance or class II 
        substance in nations that are not parties to the Montreal 
        Protocol; and
          (3) direct that no Federal agency provide bilateral or 
        multilateral subsidies, aids, credits, guarantees, or insurance 
        programs for the purpose of producing any class I substance.
Sec. 237115. Control of substances, practices, processes, and 
                    activities that may reasonably be anticipated to 
                    affect the stratosphere
  If, in the Administrator's judgment, any substance, practice, 
process, or activity may reasonably be anticipated to affect the 
stratosphere, especially ozone in the stratosphere, and the effect may 
reasonably be anticipated to endanger public health or welfare, the 
Administrator shall--
          (1) promptly promulgate regulations respecting the control of 
        the substance, practice, process, or activity; and
          (2) submit notice of the proposal and promulgation of the 
        regulation to Congress.
Sec. 237116. Transfers among parties to Montreal Protocol
  (a) Definition of Applicable Domestic Law.--In this section, the term 
``applicable domestic law'', with respect to the United States, means 
this division.
  (b) In General.--Consistent with the Montreal Protocol, the United 
States may engage in transfers with other parties to the Montreal 
Protocol under the following conditions:
          (1) Transfers of production allowances.--The United States 
        may transfer production allowances to another party if, at the 
        time of the transfer, the Administrator establishes revised 
        production limits for the United States such that the aggregate 
        national United States production permitted under the revised 
        production limits equals the least of--
                  (A) the maximum production level permitted for the 
                substance or substances concerned in the transfer year 
                under the Montreal Protocol minus the production 
                allowances transferred;
                  (B) the maximum production level permitted for the 
                substance or substances concerned in the transfer year 
                under applicable domestic law minus the production 
                allowances transferred; or
                  (C) the average of the actual national production 
                level of the substance or substances concerned for the 
                3 years prior to the transfer minus the production 
                allowances transferred.
          (2) Acquisition of production allowances.--The United States 
        may acquire production allowances from another party if, at the 
        time of the transfer, the Administrator finds that the other 
        party has revised its domestic production limits in the same 
        manner as provided with respect to transfers by the United 
        States in this subsection.
  (c) Effect of Transfers on Production Limits.--The Administrator 
may--
          (1) reduce the production limits established under this 
        division as required as a prerequisite to transfers under 
        subsection (b)(1); or
          (2) increase production limits established under this 
        division to reflect production allowances acquired under a 
        transfer under subsection (b)(2).
  (d) Regulations.--The Administrator shall promulgate regulations to 
implement this section.
Sec. 237117. International cooperation
  (a) In General.--
          (1) In general.--The President shall undertake to enter into 
        international agreements to--
                  (A) foster cooperative research that complements 
                studies and research authorized by this subdivision; 
                and
                  (B) develop standards and regulations that protect 
                the stratosphere consistent with regulations applicable 
                within the United States.
          (2) Negotiation of agreements; proposals.--For the purposes 
        described in paragraph (1), the President, through the 
        Secretary of State and the Assistant Secretary of State for 
        Oceans and International Environmental and Scientific Affairs, 
        shall--
                  (A) negotiate multilateral treaties, conventions, 
                resolutions, or other agreements;
                  (B) formulate, present, or support proposals at the 
                United Nations and other appropriate international 
                forums; and
                  (C) report to Congress periodically on efforts to 
                arrive at such agreements.
  (b) Assistance to Developing Countries.--The Administrator, in 
consultation with the Secretary of State, shall support global 
participation in the Montreal Protocol by providing technical and 
financial assistance to developing countries that are parties to the 
Montreal Protocol and operating under article 5 of the Montreal 
Protocol.
Sec. 237118. Miscellaneous provisions
  (a) Retention of State Authority.--For purposes of section 211116 of 
this title, requirements concerning the areas addressed by this 
subdivision for the protection of the stratosphere against ozone layer 
depletion shall be treated as requirements for the control and 
abatement of air pollution.
  (b) Control of Pollution From Federal Facilities.--For purposes of 
section 211118 of this title, the requirements of this subdivision and 
corresponding State, interstate, and local requirements, administrative 
authority, process, and sanctions respecting the protection of the 
stratospheric ozone layer shall be treated as requirements for the 
control and abatement of air pollution within the meaning of section 
211118 of this title.

                    Divisions B through Y--Reserved

                       Division Z--Miscellaneous

                       Chapter 299--Miscellaneous

Sec.
299101. Provision enacted by the Clean Air Act Amendments of 1977.
299102. Provision enacted by the Energy Security Act.
299103. Provisions enacted by Public Law 101-549 (commonly known as the 
          Clean Air Act Amendments of 1990).
299104. Provision enacted by the National Highway System Designation Act 
          of 1995.
299105. Provision enacted by the Transportation Equity Act for the 21st 
          Century.
299106. Provision enacted by the Departments of Veterans Affairs and 
          Housing and Urban Development, and Independent Agencies 
          Appropriations Act, 2004.
299107. Provisions enacted by the Energy Policy Act of 2005.
Sec. 299101. Provision enacted by the Clean Air Act Amendments of 1977
  The Administrator shall undertake to enter into appropriate 
arrangements with the National Academy of Sciences to conduct 
continuing comprehensive studies and investigations of the effects on 
public health and welfare of emissions subject to section 221102(a) of 
this title and the technological feasibility of meeting emission 
standards required to be prescribed by the Administrator by section 
221102(b) of this title.
Sec. 299102. Provision enacted by the Energy Security Act
  (a) Carbon Dioxide Study.--
          (1) Agreement.--The Director of the Office of Science and 
        Technology Policy (referred to in this section as the 
        ``Director'') shall enter into an agreement with the National 
        Academy of Sciences (referred to in this section as the 
        ``Academy'') to carry out a comprehensive study of the 
        projected impacts, on the level of carbon dioxide in the 
        atmosphere, of--
                  (A) fossil fuel combustion;
                  (B) coal-conversion and related synthetic fuels 
                activities authorized by the Energy Security Act (94 
                Stat. 611); and
                  (C) other sources.
          (2) Assessment.--The study should include an assessment of 
        the economic, physical, climatic, and social effects of the 
        impacts described in paragraph (1).
          (3) International worldwide assessment.--In conducting the 
        study, the Director and the Academy are encouraged to work with 
        domestic and foreign governmental and nongovernmental entities 
        and international entities to--
                  (A) develop an international, worldwide assessment of 
                the problems involved; and
                  (B) suggest such original research on any aspect of 
                those problems as the Academy considers necessary.
  (b) Report.--
          (1) In general.--The Director and the Academy shall submit to 
        Congress a report that includes the major findings and 
        recommendations resulting from the study required under this 
        section.
          (2) Academy contribution.--The Academy's contribution to the 
        report shall not be subject to any prior clearance or review, 
        nor shall any prior clearance or conditions be imposed on the 
        Academy as part of the agreement made by the Director with the 
        Academy under this section.
          (3) Contents.--The report shall in any event include 
        recommendations regarding--
                  (A) how a long-term program of domestic and 
                international research, monitoring, modeling, and 
                assessment of the causes and effects of varying levels 
                of atmospheric carbon dioxide should be structured, 
                including comments by the Director on the interagency 
                requirements of such a program and comments by the 
                Secretary of State on the international agreements 
                required to carry out such a program;
                  (B) how the United States can best play a role in the 
                development of such a long-term program on an 
                international basis;
                  (C) what domestic resources should be made available 
                to such a program;
                  (D) how the ongoing United States Government carbon 
                dioxide assessment program should be modified to be of 
                increased utility in providing information and 
                recommendations of the highest possible value to 
                government policymakers; and
                  (E) the need for periodic reports to Congress in 
                conjunction with any long-term program that the 
                Director and the Academy may recommend under this 
                section.
  (c) Information.--The Secretary of Energy, the Secretary of Commerce, 
the Administrator, and the Director of the National Science Foundation 
shall furnish to the Director or the Academy on request any information 
that the Director or the Academy determines to be necessary for 
purposes of conducting the study required by this section.
  (d) Separate Assessment of Interagency Implementation Requirements.--
The Director shall provide a separate assessment of the interagency 
requirements to implement a comprehensive program of the type described 
in subsection (b)(3).
  (e) Authorization of Appropriations.--
          (1) In general.--For the expenses of carrying out the carbon 
        dioxide study authorized by this section (as determined by the 
        Office), there are authorized to be appropriated such sums as 
        are necessary, not exceeding $3,000,000 in the aggregate.
          (2) Provision of amounts to the academy.--At least 80 percent 
        of any amounts appropriated pursuant to paragraph (1) shall be 
        provided to the Academy.
Sec. 299103. Provisions enacted by Public Law 101-549 (commonly known 
                    as the Clean Air Act Amendments of 1990)
  (a) State Standards For Emission Of Nitrogen Oxides From Uninstalled 
Aircraft Engine Test Cells.--
          (1) Study.--The Administrator and the Secretary of 
        Transportation, in consultation with the Secretary of Defense, 
        shall commence a study and investigation of the testing of 
        uninstalled aircraft engines in enclosed test cells that 
        addresses at a minimum the following issues and such other 
        issues as the Administrator and the Secretary of 
        Transportation, in consultation with the Secretary of Defense, 
        consider appropriate:
                  (A) Whether technologies exist to control some or all 
                emissions of nitrogen oxides from test cells.
                  (B) The effectiveness of such technologies.
                  (C) The cost of implementing such technologies.
                  (D) Whether such technologies affect the safety, 
                design, structure, operation, or performance of 
                aircraft engines.
                  (E) Whether such technologies impair the 
                effectiveness and accuracy of aircraft engine safety 
                design, and performance tests conducted in test cells.
                  (F) The impact of not controlling nitrogen oxides 
                from test cells in the applicable nonattainment areas 
                and on other sources, stationary and mobile, on 
                nitrogen oxides in the applicable nonattainment areas.
          (2) Report.--The Administrator and the Secretary of 
        Transportation shall submit to Congress a report of the study 
        conducted under this subsection.
          (3) Authority to regulate.--After completion of the study 
        under paragraph (1), a State may adopt and enforce any standard 
        for emission of nitrogen oxides from test cells only after 
        issuing a public notice stating whether the standard is in 
        accordance with the findings of the study.
  (b) Review Of Acid Gas Scrubbing Requirements.--Prior to the 
promulgation of any performance standard for solid waste incineration 
units combusting municipal waste under section 211111 or 211128 of this 
title, the Administrator shall review the availability of acid gas 
scrubbers as a pollution control technology for small new units and for 
existing units (as defined in 54 Fed. Reg. 52190 (December 20, 1989)), 
taking into account section 211128(b)(2) of this title.
  (c) National Acid Lakes Registry.--The Administrator shall publish a 
national acid lakes registry that shall list, to the extent practical, 
all lakes that are known to be acidified due to acid deposition. Lakes 
shall be added to the registry as they become acidic or as data become 
available to show they are acidic. Lakes shall be deleted from the 
registry as they become nonacidic.
  (d) Industrial Sulfur Dioxide Emissions.--
          (1) Report.--
                  (A) In general.--Every 5 years, the Administrator 
                shall submit to Congress a report that contains--
                          (i) an inventory of national annual sulfur 
                        dioxide emissions from industrial sources (as 
                        defined in subdivision 5 of division A), 
                        including units subject to section 233105(g)(6) 
                        of this title, for all years for which data are 
                        available, and a forecast of the likely trend 
                        in sulfur dioxide emissions over the following 
                        20-year period; and
                          (ii) estimates of the actual emission 
                        reduction in each year resulting from 
                        promulgation of diesel fuel desulfurization 
                        regulations.
                  (B) Cessation of effectiveness.--On May 15, 2000, 
                subparagraph (A) ceases to be effective with respect to 
                the requirement to submit a report to Congress.
          (2) 5.60 million ton cap.--
                  (A) In general.--When the inventory required by this 
                subsection indicates that sulfur dioxide emissions from 
                industrial sources, including units subject to section 
                233105(g)(5) of this title, may reasonably be expected 
                to reach levels greater than 5.60 million tons per 
                year, the Administrator shall take such actions under 
                division A as may be appropriate to ensure that sulfur 
                dioxide emissions do not exceed 5.60 million tons per 
                year.
                  (B) Actions.--Those actions may include--
                          (i) the promulgation of new and revised 
                        standards of performance for new sources, 
                        including units subject to section 233105(g)(5) 
                        of this title, under section 211111(b) of this 
                        title; and
                          (ii) promulgation of standards of performance 
                        for existing sources, including units subject 
                        to section 233105(g)(5) of this title, under 
                        authority of this subsection.
                  (C) Standard of performance.--With respect to an 
                existing source regulated under this subsection, the 
                term ``standard of performance'' means a standard that 
                the Administrator determines is applicable to that 
                source and that reflects the degree of emission 
                reduction achievable through the application of the 
                best system of continuous emission reduction that, 
                taking into consideration the cost of achieving that 
                degree of emission reduction and any nonair quality 
                health and environmental impact and energy 
                requirements, the Administrator determines has been 
                adequately demonstrated for that category of sources.
          (3) Election to become affected unit.--Regulations 
        promulgated under section 233105(b) of this title shall not 
        prohibit a source from electing to become an affected unit 
        under section 233109 of this title.
  (e) Impact on Small Communities.--Before implementing a provision of 
this section or Public Law 101-549 (commonly known as the Clean Air Act 
Amendments of 1990) (104 Stat. 2399), the Administrator shall consult 
with the EPA regional small communities coordinators to determine the 
impact of the provision on small communities, including the estimated 
cost of compliance with the provision.
  (f) Information Gathering on Greenhouse Gases Contributing to Global 
Climate Change.--
          (1) Monitoring.--The Administrator shall promulgate 
        regulations to require that all affected sources subject to 
        subdivision 5 of division A shall monitor carbon dioxide 
        emissions. The regulations shall require that the data be 
        reported to the Administrator. Subsection (d) of section 233111 
        of this title shall apply for purposes of this subsection in 
        the same manner and to the same extent as that subsection 
        applies to the monitoring and data described in section 233111 
        of this title.
          (2) Public availability of carbon cioxide information.--For 
        each unit required to monitor and provide carbon dioxide data 
        under paragraph (1), the Administrator shall--
                  (A) compute the unit's aggregate annual total carbon 
                dioxide emissions;
                  (B) incorporate the data into a computer database; 
                and
                  (C) make the aggregate annual data available to the 
                public.
  (g) Western States Acid Deposition Research.--
          (1) Monitoring and research.--The Administrator shall sponsor 
        monitoring and research and submit to Congress annual and 
        periodic assessment reports on--
                  (A) the occurrence and effects of acid deposition on 
                surface water located in the part of the United States 
                west of the Mississippi River;
                  (B) the occurrence and effects of acid deposition on 
                high elevation ecosystems (including forests and 
                surface water); and
                  (C) the occurrence and effects of episodic 
                acidification, particularly with respect to high 
                elevation watersheds.
          (2) Analysis of data.--The Administrator shall analyze data 
        generated from the studies conducted under paragraph (1), data 
        from the Western Lakes Survey, and other appropriate research 
        and utilize predictive modeling techniques that take into 
        account the unique geographic, climatological, and atmospheric 
        conditions that exist in the western United States to determine 
        the potential occurrence and effects of acid deposition due to 
        any projected increases in the emission of sulfur dioxide and 
        nitrogen oxides in the part of the United States located west 
        of the Mississippi River. The Administrator shall include the 
        results of the project conducted under this paragraph in the 
        reports submitted to Congress under paragraph (1).
  (h) Disadvantaged Business Concerns.--
          (1) Definition of disadvantaged business concern.--
                  (A) In general.--In this subsection, the term 
                ``disadvantaged business concern'' means a concern--
                          (i)(I) that is at least 51 percent owned by 1 
                        or more socially and economically disadvantaged 
                        individuals; or
                          (II) in the case of a publicly traded 
                        company, at least 51 percent of the stock of 
                        which is owned by 1 or more socially and 
                        economically disadvantaged individuals; and
                          (ii) the management and daily business 
                        operations of which are controlled by socially 
                        and economically disadvantaged individuals.
                  (B) For-profit business concerns.--
                          (i) Presumption.--A for-profit business 
                        concern is presumed to be a disadvantaged 
                        business concern for purposes of this 
                        subsection if it is at least 51 percent owned 
                        by, or in the case of a concern that is a 
                        publicly traded company at least 51 percent of 
                        the stock of the company is owned by, 1 or more 
                        individuals who are members of the following 
                        groups:
                                  (I) Black Americans.
                                  (II) Hispanic Americans.
                                  (III) Native Americans.
                                  (IV) Asian Americans.
                                  (V) Women.
                                  (VI) Disabled Americans.
                          (ii) Rebuttal.--The presumption established 
                        by clause (i) may be rebutted with respect to a 
                        particular business concern if it is reasonably 
                        established that the individual or individuals 
                        described in that clause with respect to that 
                        business concern are not experiencing 
                        impediments to establishing or developing the 
                        concern as a result of the individual's 
                        identification as a member of a group described 
                        in that clause.
                  (C) Certain institutions.--The following institutions 
                are presumed to be disadvantaged business concerns for 
                purposes of this subsection:
                          (i) Historically black colleges and 
                        universities, and colleges and universities 
                        having a student body in which 40 percent of 
                        the students are Hispanic.
                          (ii) Minority institutions (as defined by the 
                        Secretary of Education pursuant to the General 
                        Education Provisions Act (20 U.S.C. 1221 et 
                        seq.)).
                          (iii) Private and voluntary organizations 
                        controlled by individuals who are socially and 
                        economically disadvantaged.
                  (D) Joint ventures.--
                          (i) In general.--A joint venture may be 
                        considered to be a disadvantaged business 
                        concern under this subsection, notwithstanding 
                        the size of the joint venture, if--
                                  (I) a party to the joint venture is a 
                                disadvantaged business concern; and
                                  (II) that party owns at least 51 
                                percent of the joint venture.
                          (ii) Limitation.--A person who is not an 
                        economically disadvantaged individual or a 
                        disadvantaged business concern, as a party to a 
                        joint venture, may not be a party to more than 
                        2 awarded contracts in a fiscal year solely by 
                        reason of this subparagraph.
                  (E) Effect of paragraph.--Nothing in this paragraph 
                prohibits any member of a racial or ethnic group not 
                described in subparagraph (B)(i) from establishing that 
                the member has been impeded in establishing or 
                developing a business concern as a result of racial or 
                ethnic discrimination.
          (2) In general.--In providing for any research relating to 
        the requirements of the amendments made by Public Law 101-549 
        (commonly known as the Clean Air Act Amendments of 1990) (104 
        Stat. 2399) that uses EPA funds, the Administrator shall, to 
        the extent practicable, require that not less than 10 percent 
        of total Federal funding for the research will be made 
        available to disadvantaged business concerns.
          (3) Prohibition of use of quotas.--Nothing in this subsection 
        permits or requires the use of quotas or a requirement that has 
        the effect of a quota in determining eligibility under this 
        subsection.
Sec. 299104. Provision enacted by the National Highway System 
                    Designation Act of 1995
  (a) In General.--The Administrator shall not require adoption or 
implementation by a State of a test-only I/M240 enhanced vehicle 
inspection and maintenance program as a means of compliance with 
section 215203 or 215303 of this title, but the Administrator may 
approve such a program if a State chooses to adopt the program as a 
means of compliance with either section.
  (b) Limitation on Plan Disapproval.--The Administrator shall not 
disapprove or apply an automatic discount to a State implementation 
plan provision under section 215203 or 215303 of this title on the 
basis of a policy, regulation, or guidance providing for a discount of 
emission credits because the inspection and maintenance program in the 
plan provision is decentralized or is a test-and-repair program.
  (c) Emission Reduction Credits.--
          (1) State plan provision.--Not later than 120 days after 
        November 28, 1995, a State may submit an implementation plan 
        provision proposing an interim inspection and maintenance 
        program under section 215203 or 215303 of this title. The 
        Administrator shall approve the program based on the full 
        amount of credits proposed by the State for each element of the 
        program if the proposed credits reflected good faith estimates 
        by the State and the provision was otherwise in compliance with 
        division A. If, within the 120-day period, the State submits to 
        the Administrator proposed provisions of the implementation 
        plan, has all of the statutory authority necessary to implement 
        the provisions, and has proposed a regulation to adopt the 
        provisions, the Administrator may approve the provisions 
        without regard to whether or not the regulation had been issued 
        as a final regulation by the State.
          (2) Expiration of interim approval.--
                  (A) In general.--An interim approval under paragraph 
                (1) shall expire on the earlier of--
                          (i) the last day of the 18-month period 
                        beginning on the date of the interim approval; 
                        or
                          (ii) the date of final approval.
                  (B) No extension.--An interim approval may not be 
                extended.
          (3) Final approval.--The Administrator shall grant final 
        approval of a provision submitted under paragraph (1) based on 
        the credits proposed by the State during or after the period of 
        interim approval if data collected on the operation of the 
        State program demonstrates that the credits were appropriate 
        and the provision is otherwise in compliance with division A.
          (4) Basis of approval; no automatic discount.--Any 
        determination with respect to interim or full approval shall be 
        based on the elements of the program and shall not apply any 
        automatic discount because the program is decentralized or is a 
        test-and-repair program.
Sec. 299105. Provision enacted by the Transportation Equity Act for the 
                    21st Century
  (a) Grants.--Through grants under section 211103 of this title, the 
Administrator shall use appropriated funds not later than fiscal year 
2000 to fund 100 percent of the cost of the establishment, purchase, 
operation, and maintenance of a PM<INF>2.5</INF> monitoring network 
necessary to implement the NAAQSes for PM<INF>2.5</INF> under section 
211109 of this title. Implementation shall not result in a diversion or 
reprogramming of funds from other Federal, State, or local Clean Air 
Act activities.
  (b) Establishment of Network.--EPA and the States, consistent with 
their respective authorities under division A, shall ensure that the 
national network (designated in subsection (a)), which consists of the 
PM<INF>2.5</INF> monitors necessary to implement the NAAQSes, is 
established.
Sec. 299106. Provision enacted by the Departments of Veterans Affairs 
                    and Housing and Urban Development, and Independent 
                    Agencies Appropriations Act, 2004
  (a) Consideration of Safety Factors.--In considering any request from 
California to authorize California to adopt or enforce standards of 
other requirements relating to the control of emissions from new 
nonroad spark-ignition engines smaller than 50 horsepower, the 
Administrator shall give appropriate consideration to safety factors 
(including the potential increased risk of burn or fire) associated 
with compliance with the California standard.
  (b) Regulation.--The Administrator shall promulgate regulations under 
division A that contain standards to reduce emissions from new nonroad 
spark-ignition engines smaller than 50 horsepower.
  (c) Preemption.--
          (1) Prohibition.--No State or any political subdivision 
        thereof may adopt or attempt to enforce any standard or other 
        requirement applicable to spark-ignition engines smaller than 
        50 horsepower.
          (2) Exception for california.--The prohibition under 
        paragraph (1) does not apply to or restrict the authority 
        granted to California under section 221109(e) of this title.
          (3) Exception for other states.--The prohibition under 
        paragraph (1) does not apply to or restrict the authority of 
        any State under section 221109(e)(2)(B) of this title to 
        enforce standards or other requirements that were adopted by 
        that State before September 1, 2003.
Sec. 299107. Provisions enacted by the Energy Policy Act of 2005
  (a) Survey of Renewable Fuel Market.--
          (1) Survey and report.--The Administrator, in consultation 
        with the Secretary of Energy acting through the Administrator 
        of the Energy Information Administration, shall annually--
                  (A) conduct, with respect to each conventional 
                gasoline use area and each reformulated gasoline use 
                area in each State, a survey to determine the market 
                shares of--
                          (i) conventional gasoline containing ethanol;
                          (ii) reformulated gasoline containing 
                        ethanol;
                          (iii) conventional gasoline containing 
                        renewable fuel; and
                          (iv) reformulated gasoline containing 
                        renewable fuel; and
                  (B) submit to Congress, and make publicly available, 
                a report on the results of the survey under 
                subparagraph (A).
          (2) Recordkeeping and reporting requirements.--The 
        Administrator may require any refiner, blender, or importer to 
        keep such records and make such reports as are necessary to 
        ensure that the survey conducted under paragraph (1) is 
        accurate. The Administrator, to avoid duplicative requirements, 
        shall rely, to the extent practicable, on existing reporting 
        and recordkeeping requirements and other information available 
        to the Administrator including gasoline distribution patterns 
        that include multistate use areas.
          (3) Applicable law.--Activities carried out under this 
        subsection shall be conducted in a manner designed to protect 
        confidentiality of individual responses.
  (b) MTBE Contamination Claims Filed After August 8, 2005.--Claims and 
legal actions filed after August 8, 2005, related to allegations 
involving actual or threatened contamination of methyl tertiary butyl 
ether may be removed to the appropriate United States district court.

  (b) Title 18.--
          (1) In general.--Part I of title 18, United States Code, is 
        amended by inserting after chapter 33 the following:

                       ``CHAPTER 34--ENVIRONMENT

``Sec.
``731.  General provisions (subtitle I of title 55).
``732.  Air (subtitle II of title 55).
``Sec. 731. General provisions (subtitle I of title 55)
  ``An officer or employee of the Environmental Protection Agency who 
is subject to, and knowingly violates, section 109104 of title 55 shall 
be imprisoned not more than 1 year, fined under this title, or both.
``Sec. 732. Air (subtitle II of title 55)
  ``(a) Offenses Under Subtitle II of Title 55 Generally.--
          ``(1) Definitions.--In this subsection:
                  ``(A) Air pollutant.--The term `air pollutant' has 
                the meaning given the term in section 201101 of title 
                55.
                  ``(B) Applicable implementation plan.--The term 
                `applicable implementation plan' has the meaning given 
                the term in section 201101 of title 55.
                  ``(C) Organization.--
                          ``(i) In general.--The term `organization' 
                        means a legal entity, other than a government, 
                        established or organized for any purpose.
                          ``(ii) Inclusions.--The term `organization' 
                        includes a corporation, company, association, 
                        firm, partnership, joint stock company, 
                        foundation, institution, trust, society, union, 
                        or any other association of persons.
                  ``(D) Period of federally assumed enforcement.--The 
                term `period of federally assumed enforcement' has the 
                meaning given the term in section 211113(a) of title 
                55.
                  ``(E) Person.--
                          ``(i) In general.--The term `person' 
                        includes, in addition to the entities described 
                        in section 201101(19) of title 55, any 
                        responsible corporate officer.
                          ``(ii) For purposes of paragraphs (2), (3), 
                        (4), and (6).--Except in the case of knowing 
                        and willful violations, for purposes of 
                        paragraphs (2), (3), (4), and (6), the term 
                        `person' does not include an employee who is 
                        carrying out the normal activities of the 
                        employee and who is acting under orders from 
                        the employer of the employee.
                          ``(iii) For purposes of paragraph (5).--
                        Except in the case of knowing and willful 
                        violations, for purposes of paragraph (5), the 
                        term `person' does not include an employee who 
                        is carrying out the normal activities of the 
                        employee and who is not a part of senior 
                        management personnel or a corporate officer.
                  ``(F) Serious bodily injury.--The term `serious 
                bodily injury' means bodily injury that involves--
                          ``(i) a substantial risk of death;
                          ``(ii) unconsciousness;
                          ``(iii) extreme physical pain;
                          ``(iv) protracted and obvious disfigurement; 
                        or
                          ``(v) protracted loss or impairment of the 
                        function of a bodily member, organ, or mental 
                        faculty.
          ``(2) Offenses.--
                  ``(A) In general.--A person that knowingly violates--
                          ``(i) a requirement or prohibition of an 
                        applicable implementation plan--
                                  ``(I) during any period of federally 
                                assumed enforcement; or
                                  ``(II) more than 30 days after having 
                                been notified by the Administrator 
                                under section 211113(b)(1) of title 55 
                                that the person is violating the 
                                requirement or prohibition;
                          ``(ii)(I) section 203103, 211111(j), 211112, 
                        211113(b)(1), 211114, 211128, 213107(a), 
                        213109, 235102(a), or 235103(c) of title 55; or
                          ``(II) subdivision 5 or 7 of division A of 
                        subtitle II of title 55;
                          ``(iii) a requirement of a regulation, order, 
                        waiver, or permit promulgated or approved under 
                        a section or subdivision specified in clause 
                        (ii); or
                          ``(iv) a requirement for the payment of a fee 
                        owed the United States under division A of 
                        subtitle II of title 55 (other than subdivision 
                        3);
                shall be imprisoned not more than 5 years, fined under 
                this title, or both.
                  ``(B) Doubling of maximum penalty for repeat 
                offenders.--If a conviction of any person under this 
                paragraph is for a violation committed after a 1st 
                conviction of the person under this paragraph, the 
                maximum penalty shall be doubled with respect to both 
                the imprisonment and the fine.
          ``(3) Notices, applications, records, reports, plans, or 
        other documents; required notifications and reports; required 
        monitoring devices and method.--
                  ``(A) In general.--Any person that knowingly--
                          ``(i) makes any false material statement, 
                        representation, or certification in, or omits 
                        material information from, or alters, conceals, 
                        or fails to file or maintain any notice, 
                        application, record, report, plan, or other 
                        document required pursuant to division A of 
                        subtitle II of title 55 to be filed or 
                        maintained (whether with respect to the 
                        requirements imposed by the Administrator or 
                        with respect to the requirements imposed by a 
                        State);
                          ``(ii) fails to notify or report as required 
                        under division A of subtitle II of title 55; or
                          ``(iii) falsifies, tampers with, renders 
                        inaccurate, or fails to install any monitoring 
                        device or method required to be maintained or 
                        followed under division A of subtitle II of 
                        title 55;
                shall be imprisoned not more than 2 years, fined under 
                this title, or both.
                  ``(B) Doubling of maximum penalty.--If a conviction 
                of any person under this paragraph is for a violation 
                committed after a 1st conviction of the person under 
                this paragraph, the maximum penalty shall be doubled 
                with respect to both the imprisonment and the fine.
          ``(4) Fees.--
                  ``(A) In general.--Any person that knowingly fails to 
                pay any fee owed the United States under subdivision 1, 
                2, 5, 6, or 7 of division A of subtitle II of title 55 
                shall be imprisoned not more than 1 year, fined under 
                this title, or both.
                  ``(B) Doubling of maximum penalty for repeat 
                offenders.--If a conviction of any person under this 
                paragraph is for a violation committed after a 1st 
                conviction of the person under this paragraph, the 
                maximum penalty shall be doubled with respect to both 
                the imprisonment and the fine.
          ``(5) Negligent release.--
                  ``(A) In general.--Any person that--
                          ``(i) negligently releases into the ambient 
                        air any hazardous air pollutant listed pursuant 
                        to section 211112 of title 55 or any extremely 
                        hazardous substance listed pursuant to section 
                        302(a)(2) of the Emergency Planning and 
                        Community Right-To-Know Act of 1986 (42 U.S.C. 
                        11002(a)(2)) that is not listed in section 
                        211112 of title 55; and
                          ``(ii) at the time negligently places another 
                        person in imminent danger of death or serious 
                        bodily injury;
                shall be imprisoned not more than 1 year, fined under 
                this title, or both.
                  ``(B) Doubling of maximum penalty for repeat 
                offenders.--If a conviction of any person under this 
                paragraph is for a violation committed after a 1st 
                conviction of the person under this paragraph, the 
                maximum penalty shall be doubled with respect to both 
                the imprisonment and the fine.
                  ``(C) Release in accordance with standard or 
                permit.--For any air pollutant for which the 
                Administrator has set an emission standard or for any 
                source for which a permit has been issued under 
                subdivision 6 of division A of subtitle II of title 55, 
                a release of the pollutant in accordance with that 
                standard or permit shall not constitute a violation of 
                this paragraph.
          ``(6) Knowing release.--
                  ``(A) In general.--Any person that--
                          ``(i) knowingly releases into the ambient air 
                        any hazardous air pollutant listed pursuant to 
                        section 211112 of title 55 or any extremely 
                        hazardous substance listed pursuant to section 
                        302(a)(2) of the Emergency Planning and 
                        Community Right-To-Know Act of 1986 (42 U.S.C. 
                        11002(a)(2)) that is not listed in section 
                        211112 of title 55; and
                          ``(ii) knows at the time that the person 
                        thereby places another person in imminent 
                        danger of death or serious bodily injury;
                shall be imprisoned not more than 15 years, fined under 
                this title, or both.
                  ``(B) Organizations.--Any organization that commits a 
                violation under subparagraph (A) shall be subject to a 
                fine of not more than $1,000,000 for each violation.
                  ``(C) Doubling of maximum penalty.--If a conviction 
                of any person under this paragraph is for a violation 
                committed after a 1st conviction of the person under 
                this paragraph, the maximum penalty shall be doubled 
                with respect to both the imprisonment and the fine.
                  ``(D) Release in accordance with standard or 
                permit.--For any air pollutant for which the 
                Administrator has set an emission standard or for any 
                source for which a permit has been issued under 
                subdivision 6 of division A of subtitle II of title 55, 
                a release of the pollutant in accordance with that 
                standard or permit shall not constitute a violation of 
                this paragraph.
                  ``(E) Knowledge.--
                          ``(i) In general.--Except as provided in 
                        clause (ii), in determining whether a defendant 
                        that is an individual knew that the violation 
                        placed another person in imminent danger of 
                        death or serious bodily injury--
                                  ``(I) the defendant is responsible 
                                only for actual awareness or actual 
                                belief possessed; and
                                  ``(II) knowledge possessed by a 
                                person other than the defendant, but 
                                not by the defendant, may not be 
                                attributed to the defendant.
                          ``(ii) Circumstantial evidence.--In proving a 
                        defendant's possession of actual knowledge, 
                        circumstantial evidence may be used, including 
                        evidence that the defendant took affirmative 
                        steps to be shielded from relevant information.
                  ``(F) Affirmative defense.--
                          ``(i) In general.--It is an affirmative 
                        defense to a prosecution under this paragraph 
                        that--
                                  ``(I) the conduct charged was freely 
                                consented to by the person endangered;
                                  ``(II) the danger and conduct charged 
                                were reasonably foreseeable hazards 
                                of--
                                          ``(aa) an occupation, a 
                                        business, or a profession; or
                                          ``(bb) medical treatment or 
                                        medical or scientific 
                                        experimentation conducted by 
                                        professionally approved 
                                        methods; and
                                  ``(III) the person endangered had 
                                been made aware of the risks involved 
                                prior to giving consent.
                          ``(ii) Preponderance of the evidence.--The 
                        defendant may establish an affirmative defense 
                        under this subparagraph by a preponderance of 
                        the evidence.
                  ``(G) Other defenses and bars to prosecution; 
                concepts of justification and excuse.--All general 
                defenses, affirmative defenses, and bars to prosecution 
                that may apply with respect to other Federal criminal 
                offenses may apply under subparagraph (A) and shall be 
                determined by the courts of the United States according 
                to the principles of common law as they may be 
                interpreted in the light of reason and experience. 
                Concepts of justification and excuse applicable under 
                this section may be developed in the light of reason 
                and experience.
  ``(b) Unauthorized Disclosure of Information.--
          ``(1) Definitions.--In this subsection:
                  ``(A) Covered person.--The term `covered person' has 
                the meaning given the term in section 
                211112(q)(7)(D)(i) of title 55.
                  ``(B) Off-site consequence analysis information.--The 
                term `off-site consequence analysis information' has 
                the meaning given the term in section 
                211112(q)(7)(D)(i) of title 55).
                  ``(C) Stationary source.--The term `stationary 
                source' has the meaning given the term in section 
                211112(q)(1) of title 55.
          ``(2) Offense.--Notwithstanding section 211113 of title 55 
        and subsection (a) of this section, a covered person that 
        willfully violates a restriction or prohibition established by 
        subparagraph (D) of section 211112(q)(7) of title 55 (including 
        the regulations promulgated under clause (ii) of that 
        subparagraph) shall be fined for an infraction under section 
        3571 of this title (but shall not be subject to imprisonment) 
        for each unauthorized disclosure of off-site consequence 
        analysis information, except that section 3571(d) of this title 
        shall not apply to a case in which the offense results in 
        pecuniary loss unless the defendant knew that the 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 
        subsection shall not exceed $1,000,000 for violations committed 
        during any 1 calendar year.''.
          (2) Conforming amendment.--The table of contents of part I of 
        title 18, United States Code, is amended by inserting after the 
        item relating to chapter 33 the following:
Environment.......................................................731''.



SEC. 4. CONFORMING AMENDMENTS.

  (a) Title 16.--The 1st section of the Act of August 1, 1958 (16 
U.S.C. 742d-1), is amended by striking ``Secretary of the Interior'' 
and inserting ``Administrator of the Environmental Protection Agency''.
  (b) Title 21.--
          (1) Section 406 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 346) is amended--
                  (A) by striking ``Any poisonous'' and inserting ``(a) 
                In General.--Any poisonous''; and
                  (B) by adding at the end the following:
  ``(b) Tolerances for Pesticide Chemicals.--
          ``(1) In general.--The function of establishing tolerances 
        for pesticide chemicals for purposes of subsection (a) shall be 
        carried out by the Administrator.
          ``(2) Authority of the administrator.--In carrying out the 
        function of the Administrator under paragraph (1), the 
        Administrator has authority to--
                  ``(A) monitor compliance with the tolerances and the 
                effectiveness of surveillance and enforcement; and
                  ``(B) provide technical assistance to the States and 
                conduct research under this Act and the Public Health 
                Service Act (42 U.S.C. 201 et seq.).
          ``(3) Incidental functions.--The function of the 
        Administrator under paragraph (1) includes such functions as 
        are incidental to or necessary for the performance by or under 
        the Administrator of the function described in paragraph (1), 
        including authority provided by law to prescribe regulations 
        relating primarily to the function.''.
          (2) Section 408 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 346a) is amended--
                  (A) in subsection (p)(2), by striking ``section 8 of 
                the Environmental Research, Development, and 
                Demonstration Act of 1978 (42 U.S.C. 4365),'' and 
                inserting ``section 109102 of title 55, United States 
                Code,'';
                  (B) by redesignating subsection (s) as subsection 
                (t); and
                  (C) by inserting after subsection (r) the following:
  ``(s) Authority of the Administrator.--
          ``(1) In general.--In carrying out the function of 
        establishing tolerances for pesticide chemicals for purposes of 
        this section, the Administrator has authority to--
                  ``(A) monitor compliance with the tolerances and the 
                effectiveness of surveillance and enforcement; and
                  ``(B) provide technical assistance to the States and 
                conduct research under this Act and the Public Health 
                Service Act (42 U.S.C. 201 et seq.).
          ``(2) Incidental functions.--The function of the 
        Administrator described in paragraph (1) includes such 
        functions as are incidental to or necessary for the performance 
        by or under the Administrator of the function, including 
        authority provided by law to prescribe regulations relating 
        primarily to the function.''.
  (c) Title 26.--Section 169(d) of the Internal Revenue Code of 1986 
(26 U.S.C. 169(d)) is amended--
          (1) in paragraph (1)(B), by striking ``the Clean Air Act, as 
        amended (42 U.S.C. 1857 et seq.);'' and inserting ``division A 
        of subtitle II of title 55, United States Code;'';
          (2) in paragraph (2), by striking ``section 302(b) of the 
        Clean Air Act.'' and inserting ``section 201101 of title 55, 
        United States Code.''; and
          (3) in paragraph (3), by striking ``means, in the case of 
        water pollution, the Secretary of the Interior and, in the case 
        of air pollution, the Secretary of Health and Human Services'' 
        and inserting ``means the Administrator of the Environmental 
        Protection Agency''.
  (d) Title 42.--Section 274h of the Atomic Energy Act of 1954 (42 
U.S.C. 2021(h)) is amended--
          (1) by striking the 1st and 4th sentences;
          (2) in the 2d sentence, by striking ``Council'' and inserting 
        ``Administrator of the Environmental Protection Agency 
        (referred to in this subsection as the `Administrator')''; and
          (3) by striking ``Council'' each place it appears and 
        inserting ``Administrator''.

SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS.

  (a) Definitions.--In this section:
          (1) Restated provision.--The term ``restated provision'' 
        means a provision of title 18 or 55, United States Code, that 
        is enacted by section 3.
          (2) Source provision.--The term ``source provision'' means a 
        provision of law that is replaced by a restated provision.
  (b) Cutoff Date.--The restated provisions replace certain provisions 
of law enacted on or before March 7, 2015. If a law enacted after that 
date amends or repeals a source provision, that law is deemed to amend 
or repeal, as the case may be, the corresponding restated provision. If 
a law enacted after that date is otherwise inconsistent with a restated 
provision or a provision of this Act, that law supersedes the restated 
provision or provision of this Act to the extent of the inconsistency.
  (c) Original Date of Enactment Unchanged.--A restated provision is 
deemed to have been enacted on the date of enactment of the 
corresponding source provision.
  (d) References to Restated Provisions.--A reference to a restated 
provision is deemed to refer to the corresponding source provision.
  (e) References to Source Provisions.--A reference to a source 
provision, including a reference in a regulation, order, or other law, 
is deemed to refer to the corresponding restated provision.
  (f) Regulations, Orders, and Other Administrative Actions.--A 
regulation, order, or other administrative action in effect under a 
source provision continues in effect under the corresponding restated 
provision.
  (g) Actions Taken and Offenses Committed.--An action taken or an 
offense committed under a source provision is deemed to have been taken 
or committed under the corresponding restated provision.

SEC. 6. REPEALS.

  The following provisions of law are repealed, except with respect to 
rights and duties that matured, penalties that were incurred, or 
proceedings that were begun before the date of enactment of this Act:

                                            Schedule of Laws Repealed
----------------------------------------------------------------------------------------------------------------
                                                                                     United States Code Former
                        Act                                    Section                     Classification
----------------------------------------------------------------------------------------------------------------
 
Clean Air Act (Act of July 14, 1955, ch. 360).....                           101                 42 U.S.C. 7401
                                                                             102                 42 U.S.C. 7402
                                                                             103                 42 U.S.C. 7403
                                                                             104                 42 U.S.C. 7404
                                                                             105                 42 U.S.C. 7405
                                                                             106                 42 U.S.C. 7406
                                                                             107                 42 U.S.C. 7407
                                                                             108                 42 U.S.C. 7408
                                                                             109                 42 U.S.C. 7409
                                                                             110                 42 U.S.C. 7410
                                                                             111                 42 U.S.C. 7411
                                                                             112                 42 U.S.C. 7412
                                                                             113                 42 U.S.C. 7413
                                                                             114                 42 U.S.C. 7414
                                                                             115                 42 U.S.C. 7415
                                                                             116                 42 U.S.C. 7416
                                                                             117                 42 U.S.C. 7417
                                                                             118                 42 U.S.C. 7418
                                                                             119                 42 U.S.C. 7419
                                                                             120                 42 U.S.C. 7420
                                                                             121                 42 U.S.C. 7421
                                                                             122                 42 U.S.C. 7422
                                                                             123                 42 U.S.C. 7423
                                                                             124                 42 U.S.C. 7424
                                                                             125                 42 U.S.C. 7425
                                                                             126                 42 U.S.C. 7426
                                                                             127                 42 U.S.C. 7427
                                                                             128                 42 U.S.C. 7428
                                                                             129                 42 U.S.C. 7429
                                                                             130                 42 U.S.C. 7430
                                                                             131                 42 U.S.C. 7431
                                                                             160                 42 U.S.C. 7470
                                                                             161                 42 U.S.C. 7471
                                                                             162                 42 U.S.C. 7472
                                                                             163                 42 U.S.C. 7473
                                                                             164                 42 U.S.C. 7474
                                                                             165                 42 U.S.C. 7475
                                                                             166                 42 U.S.C. 7476
                                                                             167                 42 U.S.C. 7477
                                                                             168                 42 U.S.C. 7478
                                                                             169                 42 U.S.C. 7479
                                                                            169A                 42 U.S.C. 7491
                                                                            169B                 42 U.S.C. 7492
                                                                             171                 42 U.S.C. 7501
                                                                             172                 42 U.S.C. 7502
                                                                             173                 42 U.S.C. 7503
                                                                             174                 42 U.S.C. 7504
                                                                             175                 42 U.S.C. 7505
                                                                            175A                42 U.S.C. 7505a
                                                                             176                 42 U.S.C. 7506
                                                                            176A                42 U.S.C. 7506a
                                                                             177                 42 U.S.C. 7507
                                                                             178                 42 U.S.C. 7508
                                                                             179                 42 U.S.C. 7509
                                                                            179B                42 U.S.C. 7509a
                                                                             181                 42 U.S.C. 7511
                                                                             182                42 U.S.C. 7511a
                                                                             183                42 U.S.C. 7511b
                                                                             184                42 U.S.C. 7511c
                                                                             185                42 U.S.C. 7511d
                                                                            185A                42 U.S.C. 7511e
                                                                            185B                42 U.S.C. 7511f
                                                                             186                 42 U.S.C. 7512
                                                                             187                42 U.S.C. 7512a
                                                                             188                 42 U.S.C. 7513
                                                                             189                42 U.S.C. 7513a
                                                                             190                42 U.S.C. 7513b
                                                                             191                 42 U.S.C. 7514
                                                                             192                42 U.S.C. 7514a
                                                                             193                 42 U.S.C. 7515
                                                                             202                 42 U.S.C. 7521
                                                                             203                 42 U.S.C. 7522
                                                                             204                 42 U.S.C. 7523
                                                                             205                 42 U.S.C. 7524
                                                                             206                 42 U.S.C. 7525
                                                                             207                 42 U.S.C. 7541
                                                                             208                 42 U.S.C. 7542
                                                                             209                 42 U.S.C. 7543
                                                                             210                 42 U.S.C. 7544
                                                                             211                 42 U.S.C. 7545
                                                                             212                 42 U.S.C. 7546
                                                                             213                 42 U.S.C. 7547
                                                                             214                 42 U.S.C. 7548
                                                                             215                 42 U.S.C. 7549
                                                                             216                 42 U.S.C. 7550
                                                                             217                 42 U.S.C. 7552
                                                                             218                 42 U.S.C. 7553
                                                                             219                 42 U.S.C. 7554
                                                                             231                 42 U.S.C. 7571
                                                                             232                 42 U.S.C. 7572
                                                                             233                 42 U.S.C. 7573
                                                                             234                 42 U.S.C. 7574
                                                                             241                 42 U.S.C. 7581
                                                                             242                 42 U.S.C. 7582
                                                                             243                 42 U.S.C. 7583
                                                                             244                 42 U.S.C. 7584
                                                                             245                 42 U.S.C. 7585
                                                                             246                 42 U.S.C. 7586
                                                                             247                 42 U.S.C. 7587
                                                                             248                 42 U.S.C. 7588
                                                                             249                 42 U.S.C. 7589
                                                                             250                 42 U.S.C. 7590
                                                                             301                 42 U.S.C. 7601
                                                                             302                 42 U.S.C. 7602
                                                                             303                 42 U.S.C. 7603
                                                                             304                 42 U.S.C. 7604
                                                                             305                 42 U.S.C. 7605
                                                                             306                 42 U.S.C. 7606
                                                                             307                 42 U.S.C. 7607
                                                                             308                 42 U.S.C. 7608
                                                                             309                 42 U.S.C. 7609
                                                                             310                 42 U.S.C. 7610
                                                                             311                 42 U.S.C. 7611
                                                                             312                 42 U.S.C. 7612
                                                                             314                 42 U.S.C. 7614
                                                                             315                 42 U.S.C. 7615
                                                                             316                 42 U.S.C. 7616
                                                                             317                 42 U.S.C. 7617
                                                                             319                 42 U.S.C. 7619
                                                                             320                 42 U.S.C. 7620
                                                                             321                 42 U.S.C. 7621
                                                                             322                 42 U.S.C. 7622
                                                                             323                 42 U.S.C. 7624
                                                                             324                 42 U.S.C. 7625
                                                                             325               42 U.S.C. 7625-1
                                                                             326                42 U.S.C. 7625a
                                                                             327                 42 U.S.C. 7626
                                                                             328                 42 U.S.C. 7627
                                                                             329                 42 U.S.C. 7628
                                                          402 (as added by Pub. L. 91-           42 U.S.C. 7641
                                                                            604)
                                                          403 (as added by Pub. L. 91-           42 U.S.C. 7642
                                                                            604)
                                                          401 (as added by Pub. L. 101-          42 U.S.C. 7651
                                                                            549)
                                                          402 (as added by Pub. L. 101-         42 U.S.C. 7651a
                                                                            549)
                                                          403 (as added by Pub. L. 101-         42 U.S.C. 7651b
                                                                            549)
                                                                             404                42 U.S.C. 7651c
                                                                             405                42 U.S.C. 7651d
                                                                             406                42 U.S.C. 7651e
                                                                             407                42 U.S.C. 7651f
                                                                             408                42 U.S.C. 7651g
                                                                             409                42 U.S.C. 7651h
                                                                             410                42 U.S.C. 7651i
                                                                             411                42 U.S.C. 7651j
                                                                             412                42 U.S.C. 7651k
                                                                             413                42 U.S.C. 7651l
                                                                             414                42 U.S.C. 7651m
                                                                             415                42 U.S.C. 7651n
                                                                             416                42 U.S.C. 7651o
                                                                             501                 42 U.S.C. 7661
                                                                             502                42 U.S.C. 7661a
                                                                             503                42 U.S.C. 7661b
                                                                             504                42 U.S.C. 7661c
                                                                             505                42 U.S.C. 7661d
                                                                             506                42 U.S.C. 7661e
                                                                             507                42 U.S.C. 7661f
                                                                             601                 42 U.S.C. 7671
                                                                             602                42 U.S.C. 7671a
                                                                             603                42 U.S.C. 7671b
                                                                             604                42 U.S.C. 7671c
                                                                             605                42 U.S.C. 7671d
                                                                             606                42 U.S.C. 7671e
                                                                             607                42 U.S.C. 7671f
                                                                             608                42 U.S.C. 7671g
                                                                             609                42 U.S.C. 7671h
                                                                             610                42 U.S.C. 7671i
                                                                             611                42 U.S.C. 7671j
                                                                             612                42 U.S.C. 7671k
                                                                             613                42 U.S.C. 7671l
                                                                             614                42 U.S.C. 7671m
                                                                             615                42 U.S.C. 7671n
                                                                             616                42 U.S.C. 7671o
                                                                             617                42 U.S.C. 7671p
                                                                             618                42 U.S.C. 7671q
 
National Environmental Policy Act of 1969 (Public                              2                 42 U.S.C. 4321
 Law 91-190)......................................
                                                                             101                 42 U.S.C. 4331
                                                                             102                 42 U.S.C. 4332
                                                                             103                 42 U.S.C. 4333
                                                                             104                 42 U.S.C. 4334
                                                                             105                 42 U.S.C. 4335
                                                                             201                 42 U.S.C. 4341
                                                                             202                 42 U.S.C. 4342
                                                                             203                 42 U.S.C. 4343
                                                                             204                 42 U.S.C. 4344
                                                                             205                 42 U.S.C. 4345
                                                                             206                 42 U.S.C. 4346
                                                                             207                42 U.S.C. 4346a
                                                                             208                42 U.S.C. 4346b
                                                                             209                 42 U.S.C. 4347
 
Environmental Quality Improvement Act of 1970                                202                 42 U.S.C. 4371
 (Public Law 91-224)..............................
                                                                             203                 42 U.S.C. 4372
                                                                             204                 42 U.S.C. 4373
                                                                             205                 42 U.S.C. 4374
                                                                             206                 42 U.S.C. 4375
 
Reorganization Plan No. 3 of 1970.................                             1   42 U.S.C. 4321 note; 5 U.S.C.
                                                                                                            App
                                                                               2   42 U.S.C. 4321; 5 U.S.C. App
                                                                               3   42 U.S.C. 4321; 5 U.S.C. App
                                                                               4   42 U.S.C. 4321; 5 U.S.C. App
                                                                               5   42 U.S.C. 4321; 5 U.S.C. App
                                                                               6   42 U.S.C. 4321; 5 U.S.C. App
                                                                               7   42 U.S.C. 4321; 5 U.S.C. App
 
Public Law 95-95..................................                           203                 42 U.S.C. 7551
                                                                             402                 42 U.S.C. 4362
                                                                          403(b)            42 U.S.C. 7401 note
                                                                          403(c)            42 U.S.C. 7401 note
                                                                          403(d)            42 U.S.C. 7501 note
                                                                          403(f)            42 U.S.C. 7421 note
                                                                             404            42 U.S.C. 7401 note
                                                                             405            42 U.S.C. 7401 note
                                                                             406            42 U.S.C. 7401 note
 
Public Law 95-134.................................                           502                42 U.S.C. 4368b
 
Public Law 95-155.................................                             6            42 U.S.C. 4363 note
                                                                               7                 42 U.S.C. 4364
                                                                               8                 42 U.S.C. 4365
                                                                               9                 42 U.S.C. 4366
                                                                              10                42 U.S.C. 4361b
                                                                              12                 42 U.S.C. 4367
 
Public Law 95-477.................................                          3(d)                 42 U.S.C. 4368
                                                                               5                 42 U.S.C. 4369
                                                                               6                42 U.S.C. 4361c
 
Public Law 95-623.................................                             9                42 U.S.C. 4362a
 
Public Law 96-229.................................                          2(d)                42 U.S.C. 4363a
                                                                            2(e)            42 U.S.C. 4363 note
                                                                               4                42 U.S.C. 4369a
                                                                               5                 42 U.S.C. 4370
 
Acid Precipitation Act of 1980 (Public Law 96-294)                           702                 42 U.S.C. 8901
                                                                             703                 42 U.S.C. 8902
                                                                             704                 42 U.S.C. 8903
                                                                             705                 42 U.S.C. 8904
                                                                             706                 42 U.S.C. 8905
                                                                             711                 42 U.S.C. 8911
                                                                             712                 42 U.S.C. 8912
 
Public Law 96-569.................................                          2(f)                 42 U.S.C. 4363
 
Public Law 98-80..................................                             1                42 U.S.C. 4370a
 
Public Law 98-313.................................                             2                42 U.S.C. 4368a
 
Public Law 99-499.................................                        118(k)            42 U.S.C. 7401 note
                                                                          118(n)            42 U.S.C. 7401 note
                                                                             401            42 U.S.C. 7401 note
 
                                                                             402            42 U.S.C. 7401 note
 
                                                                             403            42 U.S.C. 7401 note
 
                                                                             404            42 U.S.C. 7401 note
 
                                                                             405            42 U.S.C. 7401 note
 
Public Law 101-144................................      title III, 1st paragraph                42 U.S.C. 4370b
                                                                   under heading
                                                                ``administrative
                                                      provisions'', at 103 Stat.
                                                                             858
 
Public Law 101-508................................                          6501                42 U.S.C. 4370c
 
Public Law 101-549................................                           233            42 U.S.C. 7571 note
                                                                          305(c)            42 U.S.C. 7429 note
                                                                             405            42 U.S.C. 7403 note
                                                                             406            42 U.S.C. 7651 note
                                                                          711(a)            42 U.S.C. 7401 note
                                                                          711(b)            42 U.S.C. 7401 note
                                                                             810            42 U.S.C. 7401 note
                                                                             821           42 U.S.C. 7651k note
                                                                          901(g)            42 U.S.C. 7403 note
                                                                            1001            42 U.S.C. 7601 note
                                                                            1002            42 U.S.C. 7601 note
 
Public Law 101-593................................                           201            42 U.S.C. 4321 note
                                                                             202            42 U.S.C. 4321 note
                                                                             203            42 U.S.C. 4321 note
                                                                             204            42 U.S.C. 4321 note
                                                                             205            42 U.S.C. 4321 note
 
Public Law 101-617................................                             4                42 U.S.C. 4366a
 
Public Law 102-389................................      title III, 1st paragraph                42 U.S.C. 4370d
                                                                   under heading
                                                                ``administrative
                                                      provisions'', at 106 Stat.
                                                                            1602
 
Public Law 104-59.................................                           348           42 U.S.C. 7511a note
 
Public Law 104-88.................................                           401            42 U.S.C. 4332 note
 
Public Law 104-204................................    title III, paragraph under                42 U.S.C. 4370e
                                                       heading ``working capital
                                                     fund (including transfer of
                                                     funds)'', at 110 Stat. 2912
 
Public Law 105-178................................                          6101            42 U.S.C. 7407 note
                                                                            6102            42 U.S.C. 7407 note
                                                                            6103            42 U.S.C. 7407 note
 
Departments of Veterans Affairs and Housing and         title III, 1st paragraph                42 U.S.C. 4370f
 Urban Development, and Independent Agencies                       under heading
 Appropriations Act, 2001 (Public Law 106-377)....              ``administrative
                                                      provisions'', at 114 Stat.
                                                                          1441-A
 
Public Law 106-398................................                           317            42 U.S.C. 4321 note
 
Public Law 108-199................................                        425(b)            42 U.S.C. 7407 note
                                                                          428(a)                 not classified
                                                                          428(b)            42 U.S.C. 7547 note
                                                              428(c) through (e)                 not classified
 
Public Law 109-58.................................                       1501(d)            42 U.S.C. 7545 note
                                                                            1503            42 U.S.C. 7545 note
                                                                      1504(d)(2)            42 U.S.C. 7545 note
 
Public Law 109-59.................................                         10211                 not classified
 
Public Law 110-140................................                        204(a)            42 U.S.C. 7545 note
 
Public Law 111-8..................................          div. E, title II (3d                42 U.S.C. 4370g
                                                         paragraph under heading
                                                    ``Administrative Provisions,
                                                        Environmental Protection
                                                    Agency (including rescission
                                                     of funds)'' (1st sentence),
                                                                at 123 Stat. 728
                                                            div. E, title II (3d                 not classified
                                                         paragraph under heading
                                                    ``Administrative Provisions,
                                                        Environmental Protection
                                                    Agency (including rescission
                                                    of funds)'' (last sentence),
                                                                at 123 Stat. 728
                                                          div. E, title II (last                42 U.S.C. 4370h
                                                         paragraph under heading
                                                    ``Administrative Provisions,
                                                        Environmental Protection
                                                    Agency (including rescission
                                                    of funds), at 123 Stat. 729''
 
Public Law 112-141................................  div. A, title XIII, Sec. 1319               42 U.S.C. 4332a
----------------------------------------------------------------------------------------------------------------

                                 <all>