HR 161 — New Source Review Permitting Improvement Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 CLEAN AIR ACT

 TITLE I--AIR POLLUTION PREVENTION AND CONTROL

 Part A--Air Quality and Emission Limitations

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 standards of performance for new stationary sources

 Sec. 111. (a) For purposes of this section:
 (1) The term ``standard of performance'' means a 
 standard for emissions of air pollutants which reflects 
 the degree of emission limitation achievable through 
 the application of the best system of emission 
 reduction which (taking into account the cost of 
 achieving such reduction and any nonair quality health 
 and environmental impact and energy requirements) the 
 Administrator determines has been adequately 
 demonstrated.
 (2) 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 which will be 
 applicable to such source.
 (3) The term ``stationary source'' means any 
 building, structure, facility, or installation which 
 emits or may emit any air pollutant. Nothing in title 
 II of this Act relating to nonroad engines shall be 
 construed to apply to stationary internal combustion 
 engines.
 (4) (A) The term ``modification'' means any physical 
 change in, or change in the method of operation of, a 
 stationary source which increases the amount of any air 
 pollutant emitted by such source or which results in 
 the emission of any air pollutant not previously 
 emitted. For purposes of the preceding sentence, a 
 change increases the amount of any air pollutant 
 emitted by such source only if the maximum hourly 
 emission rate of an air pollutant that is achievable by 
 such source after the change is higher than the maximum 
 hourly emission rate of such air pollutant that was 
 achievable by such source during any hour in the 10-
 year period immediately preceding the change.
 (B) Notwithstanding subparagraph (A), the term 
 ``modification'' does not include a change at a 
 stationary source that is designed--
 (i) to reduce the amount of any air pollutant 
 emitted by the source per unit of production; 
 or
 (ii) to restore, maintain, or improve the 
 reliability of operations at, or the safety of, 
 the source,
 except, with respect to either clause (i) or (ii), when 
 the change would be a modification as defined in 
 subparagraph (A) and the Administrator determines that 
 the increase in the maximum achievable hourly emission 
 rate of a pollutant from such change would cause an 
 adverse effect on human health or the environment.
 (5) The term ``owner or operator'' means any person 
 who owns, leases, operates, controls, or supervises a 
 stationary source.
 (6) The term ``existing source'' means any stationary 
 source other than a new source.
 (7) The term ``technological system of continuous 
 emission reduction'' means--
 (A) a technological process for production or 
 operation by any source which is inherently 
 low-polluting or nonpolluting, or
 (B) a technological system for continuous 
 reduction of the pollution generated by a 
 source before such pollution is emitted into 
 the ambient air, including precombustion 
 cleaning or treatment of fuels.
 (8) A conversion to coal (A) by reason of an order 
 under section 2(a) of the Energy Supply and 
 Environmental Coordination Act of 1974 or any amendment 
 thereto, or any subsequent enactment which supersedes 
 such Act, or (B) which qualifies under section 
 113(d)(5)(A)(ii) of this Act, shall not be deemed to be 
 a modification for purposes of paragraphs (2) and (4) 
 of this subsection.
 (b)(1)(A) The Administrator shall, within 90 days after the 
date of enactment of the Clean Air Amendments of 1970, publish 
(and from time to time thereafter shall revise) a list of 
categories of stationary sources. He shall include a category 
of sources in such list if in his judgment it causes, or 
contributes significantly to, air pollution which may 
reasonably be anticipated to endanger public health or welfare.
 (B) Within one year after the inclusion of a category of 
stationary sources in a list under subparagraph (A), the 
Administrator shall publish proposed regulations, establishing 
Federal standards of performance for new sources within such 
category. The Administrator shall afford interested persons an 
opportunity for written comment on such proposed regulations. 
After considering such comments, he shall promulgate, within 
one year after such publication, such standards with such 
modifications as he deems appropriate. The Administrator shall, 
at least every 8 years, review and, if appropriate, revise such 
standards following the procedure required by this subsection 
for promulgation of such standards. Notwithstanding the 
requirements of the previous sentence, the Administrator need 
not review any such standard if the Administrator determines 
that such review is not appropriate in light of readily 
available information on the efficacy of such standard. 
Standards of performance or revisions thereof shall become 
effective upon promulgation. When implementation and 
enforcement of any requirement of this Act indicate that 
emission limitations and percent reductions beyond those 
required by the standards promulgated under this section are 
achieved in practice, the Administrator shall, when revising 
standards promulgated under this section, consider the emission 
limitations and percent reductions achieved in practice.
 (2) The Administrator may distinguish among classes, types, 
and sizes within categories of new sources for the purpose of 
establishing such standards.
 (3) The Administrator shall, from time to time, issue 
information on pollution control techniques for categories of 
new sources and air pollutants subject to the provisions of 
this section.
 (4) The provisions of this section shall apply to any new 
source owned or operated by the United States.
 (5) Except as otherwise authorized under subsection (h), 
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.
 (6) The revised standards of performance required by 
enactment of subsection (a)(1)(A) (i) and (ii) shall be 
promulgated not later than one year after enactment of this 
paragraph. Any new or modified fossil fuel fired stationary 
source which commences construction prior to the date of 
publication of the proposed revised standards shall not be 
required to comply with such revised standards.
 (c)(1) Each State may develop and submit to the Administrator 
a procedure for implementing and enforcing standards of 
performance for new sources located in such State. If the 
Administrator finds the State procedure is adequate, he shall 
delegate to such State any authority he has under this Act to 
implement and enforce such standards.
 (2) Nothing in this subsection shall prohibit the 
Administrator from enforcing any applicable standard of 
performance under this section.
 (d)(1) The Administrator shall prescribe regulations which 
shall establish a procedure similar to that provided by section 
110 under which each State shall submit to the Administrator a 
plan which (A) establishes standards of performance for any 
existing source for any air pollutant (i) for which air quality 
criteria have not been issued or which is not included on a 
list published under section 108(a) but (ii) to which a 
standard of performance under this section would apply if such 
existing source were a new source, and (B) provides for the 
implementation and enforcement of such standards of 
performance. Regulations of the Administrator under this 
paragraph shall permit the 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 such standard applies.
 (2) The Administrator shall have the same authority--
 (A) to prescribe a plan for a State in cases where 
 the State fails to submit a satisfactory plan as he 
 would have under section 110(c) in the case of failure 
 to submit an implementation plan, and
 (B) to enforce the provisions of such plan in cases 
 where the State fails to enforce them as he would have 
 under sections 113 and 114 with respect to an 
 implementation plan. In promulgating a standard of 
 performance under a plan prescribed under this 
 paragraph, the Administrator shall take into 
 consideration, among other factors, remaining useful 
 lives of the sources in the category of sources to 
 which such standard applies.
 (e) After the effective date of standards of performance 
promulgated under this section, it shall be unlawful for any 
owner or operator of any new source to operate such source in 
violation of any standard of performance applicable to such 
source.
 (f)(1) For those categories of major stationary sources that 
the Administrator listed under subsection (b)(1)(A) before the 
date of the enactment of the Clean Air Act Amendments of 1990 
and for which regulations had not been proposed by the 
Administrator by such date, the Administrator shall--
 (A) propose regulations establishing standards of 
 performance for at least 25 percent of such categories 
 of sources within 2 years after the date of the 
 enactment of the Clean Air Act Amendments of 1990;
 (B) propose regulations establishing standards of 
 performance for at least 50 percent of such categories 
 of sources within 4 years after the date of the 
 enactment of the Clean Air Act Amendments of 1990; and
 (C) propose regulations for the remaining categories 
 of sources within 6 years after the date of the 
 enactment of the Clean Air Act Amendments of 1990.
 (2) 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 which 
 each such category will emit, or will be designed to 
 emit;
 (B) the extent to which each such pollutant may 
 reasonably be anticipated to endanger public health or 
 welfare; and
 (C) the mobility and competitive nature of each such 
 category of sources and the consequent need for 
 nationally applicable new source standards of 
 performance.
 (3) 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.
 (g)(1) Upon application by the Governor of a State showing 
that the Administrator has failed to specify in regulations 
under subsection (f)(1) any category of major stationary 
sources required to be specified under such regulations, the 
Administrator shall revise such regulations, to specify any 
such category.
 (2) Upon application of the Governor of a State, showing that 
any category of stationary sources which is not included in the 
list under subsection (b)(1)(A) contributes significantly to 
air pollution which may reasonably be anticipated to endanger 
public health or welfare (notwithstanding that such category is 
not a category of major stationary sources), the Administrator 
shall revise such regulations to specify such category of 
stationary sources.
 (3) Upon application of the Governor of a State showing that 
the Administrator has failed to apply properly the criteria 
required to be considered under subsection (f)(2), the 
Administrator shall revise the list under subsection (b)(1)(A) 
to apply properly such criteria.
 (4) Upon application of the Governor of a State showing 
that--
 (A) a new, innovative, or improved technology or 
 process which achieves greater continuous emission 
 reduction has been adequately demonstrated for any 
 category of stationary sources, and
 (B) as a result of such technology or process, the 
 new source standard of performance in effect under this 
 section for such category no longer reflects the 
 greatest degree of emission limitation achievable 
 through application of the best technological system of 
 continuous emission reduction which (taking into 
 consideration the cost of achieving such emission 
 reduction, and any non-air quality health and 
 environmental impact and energy requirements) has been 
 adequately demonstrated,
the Administrator shall revise such standard of performance for 
such category accordingly.
 (5) Unless later deadlines for action of the Administrator 
are otherwise prescribed under this section, the Administrator 
shall, not later than three months following the date of 
receipt of any application by a Governor of a State, either--
 (A) find that such application does not contain the 
 requisite showing and deny such application, or
 (B) grant such application and take the action 
 required under this subsection.
 (6) Before taking any action required by subsection (f) or by 
this subsection, the Administrator shall provide notice and 
opportunity for public hearing.
 (h)(1) For purposes of this section, if in the judgment of 
the Administrator, it is not feasible to prescribe or enforce a 
standard of performance, he may instead promulgate a design, 
equipment, work practice, or operational standard, or 
combination thereof, which reflects the best technological 
system of continuous emission reduction which (taking into 
consideration the cost of achieving such emission reduction, 
and any non-air quality health and environmental impact and 
energy requirements) the Administrator determines has been 
adequately demonstrated. In the event the Administrator 
promulgates a design or equipment standard under this 
subsection, he shall include as part of such standard such 
requirements as will assure the proper operation and 
maintenance of any such element of design or equipment.
 (2) For the purpose of this subsection, the phrase ``not 
feasible to prescribe or enforce a standard of performance'' 
means 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 such 
pollutant, or that any requirement for, or use of, such a 
conveyance would be inconsistent with any Federal, State, or 
local law, or (B) the application of measurement methodology to 
a particular class of sources is not practicable due to 
technological or economic limitations.
 (3) 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 such air pollutant achieved 
under the requirements of paragraph (1), the Administrator 
shall permit the use of such alternative by the source for 
purposes of compliance with this section with respect to such 
pollutant.
 (4) Any standard promulgated under paragraph (1) shall be 
promulgated in terms of standard of performance whenever it 
becomes feasible to promulgate and enforce such standard in 
such terms.
 (5) 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 the provisions of this Act (other than the 
provisions of subsection (a) and this subsection).
 (i) Any regulations promulgated by the Administrator under 
this section applicable to grain elevators shall not apply to 
country elevators (as defined by the Administrator) which have 
a storage capacity of less than two million five hundred 
thousand bushels.
 (j)(1)(A) Any person proposing to own or operate a new source 
may request the Administrator for one or more waivers from the 
requirements of this section for such source or any portion 
thereof with respect to any air pollutant to encourage the use 
of an innovative technological system or systems of continuous 
emission reduction. The Administrator may, with the consent of 
the Governor of the State in which the source is to be located, 
grant a waiver under this paragraph, if the Administrator 
determines after notice and opportunity for public hearing, 
that--
 (i) the proposed system or systems have not been 
 adequately demonstrated,
 (ii) the proposed system or systems will operate 
 effectively and there is a substantial likelihood that 
 such system or systems will achieve greater continuous 
 emission reduction than that required to be achieved 
 under the standards of performance which would 
 otherwise apply, or achieve at least an equivalent 
 reduction at lower cost in terms of energy, economic, 
 or nonair quality environmental impact.
 (iii) 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
 (iv) the granting of such waiver is consistent with 
 the requirements of subparagraph (C).
In making any determination under clause (ii), the 
Administrator shall take into account any previous failure of 
such system or systems to operate effectively or to meet any 
requirement of the new source performance standards. In 
determining whether an unreasonable risk exists under clause 
(iii), the Administrator shall consider, among other factors, 
whether and to what extent the use of the proposed 
technological system will cause, increase, reduce, or eliminate 
emissions of any unregulated pollutants; available methods for 
reducing or eliminating any risk to public health, welfare, or 
safety which may be associated with the use of such system; and 
the availability of other technological systems which may be 
used to conform to standards under this section without causing 
or contributing to such unreasonable risk. The Administrator 
may conduct such tests and may require the owner or operator of 
the proposed source to conduct such tests and provide such 
information as is necessary to carry out clause (iii) of this 
subparagraph. Such requirements shall include a requirement for 
prompt reporting of the emission of any unregulated pollutant 
from a system if such pollutant was not emitted, or was emitted 
in significantly lesser amounts without use of such system.
 (B) A waiver under this paragraph shall be granted on such 
terms and conditions as the Administrator determines to be 
necessary to assure--
 (i) emissions from the source will not prevent 
 attainment and maintenance of any national ambient air 
 quality standards, and
 (ii) proper functioning of the technological system 
 or systems authorized.
Any such term or condition shall be treated as a standard of 
performance for the purposes of subsection (e) of this section 
and section 113.
 (C) The number of waivers granted under this paragraph 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 such 
system will achieve the conditions specified in clauses (ii) 
and (iii) of subparagraph (A).
 (D) A waiver under this paragraph shall extend to the sooner 
of--
 (i) the 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 such system has failed to--
 (I) achieve at least an equivalent continuous 
 emission reduction to that required to be 
 achieved under the standards of performance 
 which would otherwise apply, or
 (II) comply with the condition specified in 
 paragraph (1)(A)(iii),
and that such failure cannot be corrected.
 (E) In carrying out subparagraph (D)(i), the Administrator 
shall not permit any waiver for a source or portion thereof to 
extend beyond the date--
 (i) seven years after the date on which any waiver is 
 granted to such source or portion thereof, or
 (ii) four years after the date on which such source 
 or portion thereof commences operation,
whichever is earlier.
 (F) No waiver under this subsection shall apply to any 
portion of a source other than the portion on which the 
innovative technological system or systems of continuous 
emission reduction is used.
 (2)(A) If a waiver under paragraph (1) is terminated under 
clause (ii) of paragraph (1)(D), the Administrator shall grant 
an extension of the requirements of this section for such 
source for such minimum period as may be necessary to comply 
with the applicable standard of performance under this section. 
Such period shall not extend beyond the date three years from 
the time such waiver is terminated.
 (B) An extension granted under this paragraph shall set forth 
emission limits and a compliance schedule containing increments 
of progress which require compliance with the applicable 
standards of performance as expeditiously as practicable and 
include such measures as are necessary and practicable in the 
interim to minimize emissions. Such schedule shall be treated 
as a standard of performance for purposes of subsection (e) of 
this section and section 113.

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 Part C--Prevention of Significant Deterioration of Air Quality

 SUBPART 1

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 preconstruction requirements

 Sec. 165. (a) No major emitting facility on which 
construction is commenced after the date of the enactment of 
this part, may be constructed in any area to which this part 
applies unless--
 (1) a permit has been issued for such proposed 
 facility in accordance with this part setting forth 
 emission limitations for such facility which conform to 
 the requirements of this part;
 (2) the proposed permit has been subject to a review 
 in accordance with this section, the required analysis 
 has been conducted in accordance with regulations 
 promulgated by the Administrator, and a public hearing 
 has been held with opportunity for interested persons 
 including representatives of the Administrator to 
 appear and submit written or oral presentations on the 
 air quality impact of such source, alternatives 
 thereto, control technology requirements, and other 
 appropriate considerations;
 (3) the owner or operator of such facility 
 demonstrates, as required pursuant to section 110(j), 
 that emissions from construction or operation of such 
 facility will not cause, or contribute to, air 
 pollution in excess of any (A) maximum allowable 
 increase or maximum allowable concentration for any 
 pollutant in any area to which this part applies more 
 than one time per year, (B) national ambient air 
 quality standard in any air quality control region, or 
 (C) any other applicable emission standard or standard 
 of performance under this Act;
 (4) the proposed facility is subject to the best 
 available control technology for each pollutant subject 
 to regulation under this Act emitted from, or which 
 results from, such facility;
 (5) the provisions of subsection (d) with respect to 
 protection of class I areas have been complied with for 
 such facility;
 (6) there has been an analysis of any air quality 
 impacts projected for the area as a result of growth 
 associated with such facility;
 (7) the person who owns or operates, or proposes to 
 own or operate, a major emitting facility for which a 
 permit is required under this part agrees to conduct 
 such monitoring as may be necessary to determine the 
 effect which emissions from any such facility may have, 
 or is having, on air quality in any area which may be 
 affected by emissions from such source; and
 (8) in the case of a source which 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 111 of this Act has 
 been promulgated subsequent to enactment of the Clean 
 Air Act Amendments of 1977, for such source category, 
 the Administrator has approved the determination of 
 best available technology as set forth in the permit.
 (b) 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 which 
is in existence on the date of enactment of the Clean Air Act 
Amendments of 1977, whose allowable emissions of air 
pollutants, after compliance with subsection (a)(4), will be 
less than fifty tons per year and for which the owner or 
operator of such facility demonstrates that emissions of 
particulate matter and sulfur oxides will not cause or 
contribute to ambient air quality levels in excess of the 
national secondary ambient air quality standard for either of 
such pollutants.
 (c) Any completed permit application under section 110 for a 
major emitting facility in any area to which this part applies 
shall be granted or denied not later than one year after the 
date of filing of such completed application.
 (d)(1) Each State shall transmit to the Administrator a copy 
of each permit application relating to a major emitting 
facility received by such State and provide notice to the 
Administrator of every action related to the consideration of 
such permit.
 (2)(A) 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 lands within a class I area which may be affected by 
emissions from the proposed facility.
 (B) The Federal Land Manager and the Federal official charged 
with direct responsibility for management of such lands shall 
have an affirmative responsibility to protect the air quality 
related values (including visibility) of any such lands 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 such values.
 (C)(i) In any case where the Federal official charged with 
direct responsibility for management of any lands within a 
class I area or the Federal Land Manager of such lands, or the 
Administrator, or the Governor of an adjacent State containing 
such 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 such area and identifying the 
potential adverse impact of such change, a permit shall not be 
issued unless the owner or operator of such facility 
demonstrates that emissions of particulate matter and sulfur 
dioxide will not cause or contribute to concentrations which 
exceed the maximum allowable increases for a class I area.
 (ii) In any case where the Federal Land Manager demonstrates 
to the satisfaction of the State that the emissions from such 
facility will have an adverse impact on the air quality-related 
values (including visibility) of such lands, notwithstanding 
the fact that the change in air quality resulting from 
emissions from such facility will not cause or contribute to 
concentrations which exceed the maximum allowable increases for 
a class I area, a permit shall not be issued.
 (iii) In any case where the owner or operator of such 
facility demonstrates to the satisfaction of the Federal Land 
Manager, and the Federal Land Manager so certifies, that the 
emissions from such facility will have no adverse impact on the 
air quality-related values of such lands (including visibility) 
notwithstanding the fact that the change in air quality 
resulting from emissions from such facility will cause or 
contribute to concentrations which exceed the maximum allowable 
increases for class I areas, the State may issue a permit.
 (iv) In the case of a permit issued pursuant to clause (iii), 
such facility shall comply with such emission limitations under 
such permit as may be necessary to assure that emissions of 
sulfur oxides and particulates from such facility, will not 
cause or contribute to concentrations of such pollutant which 
exceed the following maximum allowable increases over the 
baseline concentration for such pollutants:

 Maximum allowable increase

 [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)(i) In any case where the owner or operator of a proposed 
major emitting facility who has been denied a certification 
under subparagraph (C)(iii) 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 
twenty-four 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 his concurrence, may 
grant a variance from such maximum allowable increase. If such 
variance is granted, a permit may be issued to such source 
pursuant to the requirements of this subparagraph.
 (ii) In any case in which the 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 he finds 
that such 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 such 
recommendation within ninety days after his receipt of the 
recommendations of the Governor and the Federal Land Manager.
 (iii) In the case of a permit issued pursuant to this 
subparagraph, such facility shall comply with such emission 
limitations under such permit as may be necessary to assure 
that emissions of sulfur oxides from such facility will not 
(during any day on which the otherwise applicable maximum 
allowable increases are exceeded) cause or contribute to 
concentrations which exceed the following maximum allowable 
increases for such areas over the baseline concentration for 
such pollutant and to assure that such emissions will not cause 
or contribute to concentrations which 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

 [Micrograms per cubic meter]

Period of exposure:
 Low terrain areas:
 24-hr maximum............................................. 36
 3-hr maximum.............................................. 130
 High terrain areas:
 24-hr maximum............................................. 62
 3-hr maximum.............................................. 221

 (iv) For purposes of clause (iii), the term ``high terrain 
area'' means with respect to any facility, any area having an 
elevation of 900 feet or more above the base of the stack of 
such facility, and the term ``low terrain area'' means any area 
other than a high terrain area.
 (e)(1) The review provided for in subsection (a) shall be 
preceded by an analysis in accordance with regulations of the 
Administrator, promulgated under this subsection, which may be 
conducted by the State (or any general purpose unit of local 
government) or by the major emitting facility applying for such 
permit, of the ambient air quality at the proposed site and in 
areas which may be affected by emissions from such facility for 
each pollutant subject to regulation under this Act which will 
be emitted from such facility.
 (2) Effective one year after date of enactment of this part, 
the analysis required by this subsection shall include 
continuous air quality monitoring data gathered for purposes of 
determining whether emissions from such facility will exceed 
the maximum allowable increases or the maximum allowable 
concentration permitted under this part. Such data shall be 
gathered over a period of one calendar year preceding the date 
of application for a permit under this part 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 such analysis shall be available at the time of the 
public hearing on the application for such permit.
 (3) The Administrator shall within six months after the date 
of enactment of this part promulgate regulations respecting the 
analysis required under this subsection which regulations--
 (A) shall not require the use of any automatic or 
 uniform buffer zone or zones,
 (B) shall require an analysis of 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 such facility for each 
 pollutant regulated under this Act which will be 
 emitted from, or which results from the construction or 
 operation of, such facility, the size and nature of the 
 proposed facility, the degree of continuous emission 
 reduction which could be achieved by such facility, and 
 such other factors as may be relevant in determining 
 the effect of emissions from a proposed facility on any 
 air quality control region,
 (C) shall require the results of such analysis shall 
 be available at the time of the public hearing on the 
 application for such permit, and
 (D) shall specify with reasonable particularity each 
 air quality model or models to be used under specified 
 sets of conditions for purposes of this part.
Any model or models designated under such regulations may be 
adjusted upon a determination, after notice and opportunity for 
public hearing, by the Administrator that such 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 part.
 (f) Applicability to Construction.--
 (1) In general.--The requirements of subsection (a) 
 that apply with respect to authorizing construction of 
 a major emitting facility shall apply only with respect 
 to construction that involves physical construction of 
 the discrete parts of an emissions unit at a major 
 emitting facility, regardless of whether the 
 construction involves other physical on-site activities 
 at the major emitting facility, including any such 
 other physical on-site activity that--
 (A) may be costly;
 (B) may significantly alter the site;
 (C) is permanent in nature; or
 (D) is to accommodate an installation to an 
 emissions unit.
 (2) Definition of emissions unit.--In this 
 subsection, the term ``emissions unit'' means any part 
 of a stationary source that emits, or has the potential 
 to emit, any air pollutant that is regulated under this 
 title.

 * * * * * * *

 definitions

 Sec. 169. For purposes of this part--
 (1) The term ``major emitting facility'' means any of 
 the following stationary sources of air pollutants 
 which emit, or have the potential to emit, one hundred 
 tons per year or more of any air pollutant from the 
 following types of stationary sources: fossil-fuel 
 fired steam electric plants of more than two hundred 
 and fifty million British thermal units per hour heat 
 input, coal cleaning plants (thermal dryers), kraft 
 pulp mills, Portland Cement plants, primary zinc 
 smelters, iron and steel mill plants, primary aluminum 
 ore reduction plants, primary copper smelters, 
 municipal incinerators capable of charging more than 
 fifty tons of refuse per day, hydrofluoric, sulfuric, 
 and nitric acid plants, petroleum refineries, lime 
 plants, phosphate rock processing plants, coke oven 
 batteries, sulfur recovery plants, carbon black plants 
 (furnace process) primary lead smelters, fuel 
 conversion plants, sintering plants, secondary metal 
 production facilities, chemical process plants, fossil-
 fuel boilers of more than two hundred and fifty million 
 British thermal units per hour heat input, petroleum 
 storage and transfer facilities with a capacity 
 exceeding three hundred thousand barrels, taconite ore 
 processing facilities, glass fiber processing plants, 
 charcoal production facilities. Such term also includes 
 any other source with the potential to emit two hundred 
 and fifty tons per year or more of any air pollutant. 
 This term shall not include new or modified facilities 
 which are nonprofit health or education institutions 
 which have been exempted by the State.
 (2)(A) The term ``commenced'' as applied to 
 construction of a major emitting facility means that 
 the owner or operator has obtained all necessary 
 preconstruction approvals or permits required by 
 Federal, State, or local air pollution emissions and 
 air quality laws or regulations and either has (i) 
 begun, or caused to begin, a continuous program of 
 physical on-site construction of the facility or (ii) 
 entered into binding agreements or contractual 
 obligations, which cannot be canceled or modified 
 without substantial loss to the owner or operator, to 
 undertake a program of construction of the facility to 
 be completed within a reasonable time.
 (B) The term ``necessary preconstruction approvals or 
 permits'' means those permits or approvals required by 
 the permitting authority as a precondition to 
 undertaking any activity under clauses (i) or (ii) of 
 subparagraph (A) of this paragraph.
 [(C) The term ``construction'' when used in 
 connection with any source or facility, includes the 
 modification (as defined in section 111(a)) of any 
 source or facility.]
 (C) The term ``construction'', when used in 
 connection with a major emitting facility, includes a 
 modification (as defined in section 111(a)) at such 
 facility, except that for purposes of this subparagraph 
 a modification does not include a change at a major 
 emitting facility that does not result in a significant 
 emissions increase, or a significant net emissions 
 increase, in annual actual emissions at such facility.
 (3) The term ``best available control technology'' 
 means an emission limitation based on the maximum 
 degree of reduction of each pollutant subject to 
 regulation under this Act emitted from or which 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 such 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. In no event shall application of ``best 
 available control technology'' result in emissions of 
 any pollutants which will exceed the emissions allowed 
 by any applicable standard established pursuant to 
 section 111 or 112 of this Act. Emissions from any 
 source utilizing clean fuels, or any other means, to 
 comply with this paragraph shall not be allowed to 
 increase above levels that would have been required 
 under this paragraph as it existed prior to enactment 
 of the Clean Air Act Amendments of 1990.
 (4) The term ``baseline concentration'' means, with 
 respect to a pollutant, the ambient concentration 
 levels which exist at the time of the first application 
 for a permit in an area subject to this part, based on 
 air quality data available in the Environmental 
 Protection Agency or a State air pollution control 
 agency and on such monitoring data as the permit 
 applicant is required to submit. Such ambient 
 concentration levels shall take into account all 
 projected emissions in, or which may affect, such area 
 from any major emitting facility on which construction 
 commenced prior to January 6, 1975, but which has not 
 begun operation by the date of the baseline air quality 
 concentration determination. Emissions of sulfur oxides 
 and particulate matter from any major emitting facility 
 on which construction commenced 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 part.

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 Part D--Plan Requirements for Nonattainment Areas

 Subpart 1--Nonattainment Areas in General

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 definitions

 Sec. 171. For the purpose of this part--
 (1) Reasonable further progress.--The term 
 ``reasonable further progress'' means such annual 
 incremental reductions in emissions of the relevant air 
 pollutant as are required by this part or may 
 reasonably be required by the Administrator for the 
 purpose of ensuring attainment of the applicable 
 national ambient air quality standard by the applicable 
 date.
 (2) Nonattainment area.--The term ``nonattainment 
 area'' means, for any air pollutant, an area which is 
 designated ``nonattainment'' with respect to that 
 pollutant within the meaning of section 107(d).
 (3) The term ``lowest achievable emission rate'' 
 means for any source, that rate of emissions which 
 reflects--
 (A) the most stringent emission limitation 
 which is contained in the implementation plan 
 of any State for such class or category of 
 source, unless the owner or operator of the 
 proposed source demonstrates that such 
 limitations are not achievable, or
 (B) the most stringent emission limitation 
 which is achieved in practice by such class or 
 category of source, whichever is more 
 stringent.
 In no event shall the application of this term permit a 
 proposed new or modified source to emit any pollutant 
 in excess of the amount allowable under applicable new 
 source standards of performance.
 [(4) The terms ``modifications'' and ``modified'' 
 mean the same as the term ``modification'' as used in 
 section 111(a)(4) of this Act.]
 (4) The terms ``modifications'' and ``modified'' mean 
 a modification as defined in section 111(a)(4), except 
 that such terms do not include a change at a major 
 emitting facility that does not result in a significant 
 emissions increase, or a significant net emissions 
 increase, in annual actual emissions at such facility.

SEC. 172. NONATTAINMENT PLAN PROVISIONS IN GENERAL.

 (a) Classifications and Attainment Dates.--
 (1) Classifications.--(A) On or after the date the 
 Administrator promulgates the designation of an area as 
 a nonattainment area pursuant to section 107(d) with 
 respect to any national ambient air quality standard 
 (or any revised standard, including a revision of any 
 standard in effect on the date of the enactment of the 
 Clean Air Act Amendments of 1990), the Administrator 
 may classify the area for the purpose of applying an 
 attainment date pursuant to paragraph (2), and for 
 other purposes. In determining the appropriate 
 classification, if any, for a nonattainment area, the 
 Administrator may consider such factors as the severity 
 of nonattainment in such area and the availability and 
 feasibility of the pollution control measures that the 
 Administrator believes may be necessary to provide for 
 attainment of such standard in such area.
 (B) The Administrator shall publish a notice in the 
 Federal Register announcing each classification under 
 subparagraph (A), except the Administrator shall 
 provide an opportunity for at least 30 days for written 
 comment. Such classification shall not be subject to 
 the provisions of sections 553 through 557 of title 5 
 of the United States Code (concerning notice and 
 comment) and shall not be subject to judicial review 
 until the Administrator takes final action under 
 subsection (k) or (l) of section 110 (concerning action 
 on plan submissions) or section 179 (concerning 
 sanctions) with respect to any plan submissions 
 required by virtue of such classification.
 (C) This paragraph shall not apply with respect to 
 nonattainment areas for which classifications are 
 specifically provided under other provisions of this 
 part.
 (2) Attainment dates for nonattainment areas.--(A) 
 The attainment date for an area designated 
 nonattainment with respect to a national primary 
 ambient air quality standard shall be the date by which 
 attainment can be achieved as expeditiously as 
 practicable, but no later than 5 years from the date 
 such area was designated nonattainment under section 
 107(d), except that the Administrator may extend the 
 attainment date to the extent the Administrator 
 determines appropriate, for a period no greater than 10 
 years from the date of designation as nonattainment, 
 considering the severity of nonattainment and the 
 availability and feasibility of pollution control 
 measures.
 (B) The attainment date for an area designated 
 nonattainment with respect to a secondary national 
 ambient air quality standard shall be the date by which 
 attainment can be achieved as expeditiously as 
 practicable after the date such area was designated 
 nonattainment under section 107(d).
 (C) Upon application by any State, the Administrator 
 may extend for 1 additional year (hereinafter referred 
 to as the ``Extension Year'') the attainment date 
 determined by the Administrator under subparagraph (A) 
 or (B) if--
 (i) the State has complied with all 
 requirements and commitments pertaining to the 
 area in the applicable implementation plan, and
 (ii) in accordance with guidance published by 
 the Administrator, no more than a minimal 
 number of exceedances of the relevant national 
 ambient air quality standard has occurred in 
 the area in the year preceding the Extension 
 Year.
 No more than 2 one-year extensions may be issued under 
 this subparagraph for a single nonattainment area.
 (D) This paragraph shall not apply with respect to 
 nonattainment areas for which attainment dates are 
 specifically provided under other provisions of this 
 part.
 (b) Schedule for Plan Submissions.--At the time the 
Administrator promulgates the designation of an area as 
nonattainment with respect to a national ambient air quality 
standard under section 107(d), the Administrator shall 
establish a schedule according to which the State containing 
such area shall submit a plan or plan revision (including the 
plan items) meeting the applicable requirements of subsection 
(c) and section 110(a)(2). Such schedule shall at a minimum, 
include a date or dates, extending no later than 3 years from 
the date of the nonattainment designation, for the submission 
of a plan or plan revision (including the plan items) meeting 
the applicable requirements of subsection (c) and section 
110(a)(2).
 (c) Nonattainment Plan Provisions.--The plan provisions 
(including plan items) required to be submitted under this part 
shall comply with each of the following:
 (1) In general.--Such plan provisions shall provide 
 for the implementation of all reasonably available 
 control measures as expeditiously as practicable 
 (including such reductions in emissions from existing 
 sources in the area as may be obtained through the 
 adoption, at a minimum, of reasonably available control 
 technology) and shall provide for attainment of the 
 national primary ambient air quality standards.
 (2) RFP.--Such plan provisions shall require 
 reasonable further progress.
 (3) Inventory.--Such plan provisions shall include a 
 comprehensive, accurate, current inventory of actual 
 emissions from all sources of the relevant pollutant or 
 pollutants in such area, including such periodic 
 revisions as the Administrator may determine necessary 
 to assure that the requirements of this part are met.
 (4) Identification and quantification.--Such plan 
 provisions shall expressly identify and quantify the 
 emissions, if any, of any such pollutant or pollutants 
 which will be allowed, in accordance with section 
 173(a)(1)(B), from the construction and operation of 
 major new or modified stationary sources in each such 
 area. The plan shall demonstrate to the satisfaction of 
 the Administrator that the emissions quantified for 
 this purpose will be consistent with the achievement of 
 reasonable further progress and will not interfere with 
 attainment of the applicable national ambient air 
 quality standard by the applicable attainment date.
 (5) Permits for new and modified major stationary 
 sources.--Such plan provisions shall require permits 
 for the construction and operation of new or modified 
 major stationary sources anywhere in the nonattainment 
 area, in accordance with section 173. The construction 
 for which a permit is required under this paragraph is 
 construction that involves physical construction of the 
 discrete parts of an emissions unit (as defined in 
 section 165(f)(2)) at a major stationary source, 
 regardless of whether the construction involves other 
 physical on-site activities at the major stationary 
 source, including any such other physical on-site 
 activity that--
 (A) may be costly; 
 (B) may significantly alter the site; 
 (C) is permanent in nature; or 
 (D) is to accommodate an installation to an 
 emissions unit. 
 (6) Other measures.--Such plan provisions shall 
 include enforceable emission limitations, and such 
 other control measures, means or techniques (including 
 economic incentives such as fees, marketable permits, 
 and auctions of emission rights), as well as schedules 
 and timetables for compliance, as may be necessary or 
 appropriate to provide for attainment of such standard 
 in such area by the applicable attainment date 
 specified in this part.
 (7) Compliance with section 110(a)(2).--Such plan 
 provisions shall also meet the applicable provisions of 
 section 110(a)(2).
 (8) Equivalent techniques.--Upon application by any 
 State, the Administrator may allow the use of 
 equivalent modeling, emission inventory, and planning 
 procedures, unless the Administrator determines that 
 the proposed techniques are, in the aggregate, less 
 effective than the methods specified by the 
 Administrator.
 (9) Contingency measures.--Such plan shall provide 
 for the implementation of specific measures to be 
 undertaken if the area fails to make reasonable further 
 progress, or to attain the national primary ambient air 
 quality standard by the attainment date applicable 
 under this part. Such measures shall be included in the 
 plan revision as contingency measures to take effect in 
 any such case without further action by the State or 
 the Administrator.
 (d) Plan Revisions Required in Response to Finding of Plan 
Inadequacy.--Any plan revision for a nonattainment area which 
is required to be submitted in response to a finding by the 
Administrator pursuant to section 110(k)(5) (relating to calls 
for plan revisions) must correct the plan deficiency (or 
deficiencies) specified by the Administrator and meet all other 
applicable plan requirements of section 110 and this part. The 
Administrator may reasonably adjust the dates otherwise 
applicable under such requirements to such revision (except for 
attainment dates that have not yet elapsed), to the extent 
necessary to achieve a consistent application of such 
requirements. In order to facilitate submittal by the States of 
adequate and approvable plans consistent with the applicable 
requirements of this Act, the Administrator shall, as 
appropriate and from time to time, issue written guidelines, 
interpretations, and information to the States which shall be 
available to the public, taking into consideration any such 
guidelines, interpretations, or information provided before the 
date of the enactment of the Clean Air Act Amendments of 1990.
 (e) Future Modification of Standard.--If the Administrator 
relaxes a national primary ambient air quality standard after 
the date of the enactment of the Clean Air Act Amendments of 
1990, the Administrator shall, within 12 months after the 
relaxation, promulgate requirements applicable to all areas 
which have not attained that standard as of the date of such 
relaxation. Such requirements shall provide for controls which 
are not less stringent than the controls applicable to areas 
designated nonattainment before such relaxation.

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