Clean Air Act Amendments of 1977

(Conference report filed in House, H. Rept. 95-564)

Clean Air Act Amendments - =Title I: Amendments Relating Primarily to Title I of the Clean Air Act= - Directs the Administrator of the Environmental Protection Agency to provide free assistance to qualified State personnel as part of the comprehensive research and development program established by the Act.

Provides that a State air pollution agency whose budget is reduced as part of an overall State budget reduction shall not lose its Federal grant as a result of the existing maintenance of effort requirement. States that no such agency shall receive less than one-half of one percent of the total Federal grant money available.

Requires each State to submit to the Administrator a list identifying air quality levels of sulfur dioxide and particulate matter in that State's air quality control regions. Authorizes the Governor of a State, with certain exceptions, to redesignate the air quality control regions within such State for the purpose of improved air quality management.

Requires the Administrator to revise the air quality criteria relating to concentrations of nitrogen dioxide. States that such criteria shall include a discussion of all carcinogenic and potentially carcinogenic derivatives of oxides of nitrogen.

Requires the Administrator to publish information on basic transportation control measures within 180 days after enactment and, within one year, to publish information on additional measures.

Requires, beginning in 1980 and every five years thereafter, a review of the air quality criteria for existing ambient air quality standards. Authorizes the Administrator to revise such standards whenever available information justifies such revision.

Authorizes the Governor of any State, with the concurrence of the President, to temporarily suspend State implementation plan requirements where necessitated by energy emergencies. Limits such suspensions to four months.

Requires a State, as part of its implementation plan, to include a permit program as specified in the Act, and to institute a permit program for any major emitting facility to assure the achievement and maintenance of national ambient air quality standards. Mandates that, after June 30, 1979, no stationary source be constructed or modified if the emissions from such source will cause concentrations of a pollutant for which an air quality standard is exceeded, unless the State implementation plan meets requirements relating to nonattainment areas. Authorizes the Administrator to delegate applicable enforcement responsibilities of a State implementation plan to local governments. Authorizes the Governor of a State to suspend, until 1979, parts of an implementation plan requiring: (1) certain retrofits on motor vehicles; (2) certain gas rationing measures; or (3) reduction of on-street parking. Authorizes the inclusion in State implementation plans of an indirect source review program. Requires permitees of a modified or new stationary source to demonstrate that the continuous emission reduction system of such source will enable it to comply with the applicable standards of performance.

Directs the Administrator to establish standards of performance for new categories of major stationary sources.

Authorizes the Governor of a State to petition the Administrator to issue new source performance standards, or to revise priorities for standard setting. Authorizes the Administrator, if a standard of performance would be unenforceable, to promulgate a design, equipment, work practice, or operational standard which reflects the best feasible system of continuous emission reduction. Directs the Administrator to take into account the remaining useful life of a source in applying a standard of performance to such source.

Authorizes the Administrator, with the consent of the Governor of the State, to grant a waiver from the standard of performance requirements to a source which will use an innovative continuous emission reduction system. Limits such a waiver to seven years after it is granted, or four years after the source commences operation, whichever is earlier.

Directs the Administrator to commence a civil action for an injunction, or to recover a civil penalty of up to $25,000 per day, in the case of an owner or operator of a major stationary source who violates an applicable implementation plan or standard of performance. Authorizes the Administrator to prohibit the construction or modification of a major stationary source if the State is found to be not in compliance with specified interpretive regulations.

Authorizes States and the Administrator to issue delayed compliance orders to sources not in compliance with applicable emission limitations. Requires compliance by July 1, 1979, or three years after the original compliance date, whichever is later. Provides longer periods of time for compliance in cases of sources using innovative emission limitations and smelter orders. States that a source converting to coal as a primary energy source may delay compliance until December 31, 1980. Authorizes an additional delay in compliance of up to five years for such converting sources.

Requires the Administrator to provide the State air pollution control agency with advance notice of certain inspections of sources of pollution in such State.

Requires the Administrator to order a revision of a State implementation plan upon the petition of an international agency, or the Secretary of State alleging that emissions originating in a State endanger the health or welfare of persons in a foreign country.

Abolishes the President's Air Quality Advisory Board.

Requires that Federal facilities comply with all substantive and procedural air pollution requirements of Federal, State, or local law to the same extent as nongovernmental entities. Exempts Federal employees from personal liability for civil penalties when such employees would not otherwise be liable.

Permits the Administrator to postpone the implementation plan compliance date of a nonferrous smelter for up to ten years, provided that existing technology is insufficient to effect such compliance, and the smelter agrees to observe certain interim emission standards.

Authorizes the Administrator or the States to assess and collect penalties from stationary sources not in compliance with an emission limitation or implementation plan. Sets forth due process requirements and specifies the method of determining the amount of such penalties.

Requires the States to provide satisfactory consultation with local governments in carrying out implementation and enforcement requirements.

Directs the Administrator to include, within one year, cadmium, arsenic and polycyclic organic matter in a list of pollutants which have an adverse effect on public health, unless he finds that such substances do not have such effect. Sets a two-year time limit upon such a determination for radioactive materials. Directs the Administrator and the Nuclear Regulatory Commission to enter into an agreement regarding facilities under the jurisdiction of the Commission. Requires consultation between the Administrator and the Commission prior to the listing of any radioactive material.

States that the degree of emission limitation required for control of any air pollutant shall not be affected by so much of the stack height of any source as exceeds good engineering practice. Excepts from this rule stack heights in existence before the date of enactment of the Clean Air Amendments of 1970.

Requires each State to submit to the Administrator a review of its implementation plan relating to major fuel burning sources to determine the extend to which such plan is dependent upon the use of petroleum products, natural gas and coal not locally available.

Authorizes a Governor, the President or his designee to require any major fuel burning stationary source not in compliance with an implementation plan or under a coal conversion order to use local coal to prevent severe local economic disruption or unemployment.

Declares that it shall be a violation of a State's implementation plan for any stationary source within such State to emit air pollutants which would interfere with measures in another State to prevent significant deterioration, or prevent attainment and maintenance of ambient air quality standards in another State.

Requires each State implementation plan to provide public notification of instances or areas in which a national primary ambient air quality standard is exceeded.

Requires that any board which approves permits or enforcement orders under the Clean Air Act have a majority of members who do not derive any significant portion of their income from persons subject to such permits or orders. Requires that potential conflicts of interest of such board members be disclosed.

Requires the Administrator to conduct a study on the cumulative effects of all substances which may affect the stratosphere, especially ozone in the stratosphere. Provides for a study of the effects on industry and employment of a ban on the use of halocarbons in aerosol containers. Directs the Administrator of the National Oceanic and Atmospheric Administration to establish a continuing program of research and monitoring of the stratosphere for the purpose of early detection of changes in the stratosphere. Sets forth the procedure to be followed in the promulgation of regulations to control such substances.

Sets forth the maximum allowable increases for particulate matter and sulfur dioxide over the baseline concentration in each of three designated classes of areas. Provides that a State under certain circumstances, may exempt specified sources of pollution from being counted against the increment.

Provides for the redesignation of significant deterioration areas as the State deems appropriate. Sets forth the necessary procedures for such redesignations.

Sets forth certain requirements that must be met by an owner or operator of a proposed major emitting facility before construction of such facility. Imposes more stringent permit requirements for facilities discharging emissions that might affect a class I area. Sets forth a procedure under which variances from the above permit requirements may be granted.

Directs the Administrator to conduct a study of hydrocarbons, carbon monoxides, photochemical oxidants and nitrogen oxides, and to promulgate regulations to prevent the significant deterioration of air quality which would result from the emissions of such pollutants.

Directs the Secretary of the Interior, in consultation with Federal land managers, to identify all Federal mandatory class I areas where visibility is an important value of the area. Directs the Administrator to promulgate regulations to prevent any future, and remedy all existing, impairment of visibility in such areas. Requires major stationary sources to use the best available retrofit technology, if they are located in a State in which a class I area is located.

Establishes, as a condition for permitting major new sources to locate in a nonattainment area, that States provide for attainment of primary ambient standards by December 31, 1982. Extends the compliance date for the standards relating to photochemical oxidants and carbon monoxide.

Requires the permitting agency to determine that: (1) the total allowable emissions from new, proposed, and existing sources will be less than that required under the State implementation plan to achieve reasonable further progress; and (2) the emissions resulting from a proposed new or modified source will not contribute to a pollution level exceeding the allowance permitted for such pollutant for such area. Provides that no permit may be issued unless: (1) the proposed source is required to comply with the lowest achievable emission rate; and (2) the owner or operator demonstrates that all other facilities under his control are in compliance with all applicable emission standards and limitations.

Directs the Administrator to make grants to any organization of local officials with transportation or air quality maintenance planning responsibilities for the purpose of developing an implementation plan revision.

Precludes the Administrator from approving projects or grants, and limits the Secretary of Transportation's power to approve projects or grants when: (1) any primary ambient air quality standard has not been attained; (2) transportation control measures are necessary for the attainment of such standard; and (3) certain implementation plan requirements are not met.

Directs the Administrator to issue guidance documents for the purposes of assisting States in implementing requirements respecting the lowest achievable emission rate.

=Title II: Amendments Relating Primarily to Title II of the Clean Air Act= - Requires that regulations regarding light duty motor vehicles in 1977-1979 limit hydrocarbon emissions to 1.5 grams per mile and carbon monoxide emissions to 15 grams per square mile. Requires, by 1980, a reduction in carbon monoxide emissions to 7 grams per mile, and a reduction in hydrocarbon emissions to a level of no more than 10 percent of the 1970 standard. Sets the permissible level of nitrogen oxide emissions from light-duty vehicles at 2.0 grams per mile in 1977-1980 and 1.0 grams in subsequent years. Mandates, after 1980, a further reduction in carbon monoxide emissions to 10 percent of the 1970 standard. Provides for a waiver procedure with regard to the standards for carbon monoxide and nitrogen oxide in 1981 and subsequent years.

Provides for further studies and research on the public health effects of imposing lower emissions standards of oxides of nitrogen.

Directs that the replacement cost of certain emission control parts be borne by the manufacturer. Directs the manufacturer to furnish instructions for the proper use and maintenance of a new motor vehicle by the ultimate purchaser.

Permits alterations in automobile emissions devices for the purpose of making high altitude adjustments. Requires that such alterations will insure emission control performance equivalent to that which would result if no alterations were made.

Requires automobile dealers to furnish each purchaser of a new automobile with a certificate which states that such automobile conforms with all emission standards.

Requires all light duty vehicles manufactured during or after model year 1984 to comply with all emission standards regardless of the altitude at which they are sold.

Forbids the use of any emission control device or system in a new automobile if such device or system will contribute to an unreasonable risk to public health, welfare, or safety in its operation.

Permits the Administrator, if certain conditions are met, to promulgate regulations regarding fill pipe standards for the purpose of gasoline vapor recovery. Directs the Administrator to determine the feasibility of requiring new motor vehicles to utilize onboard hydrocarbon technology.

Forbids any person who repairs, sells or leases automobiles from removing or rendering inoperative any emission control device.

Directs the Administrator to require that manufacturers of fuels and fuel additives conduct tests to determine potential public health effects of such fuels or additives. Sets forth information that such manufacturers must provide to the Administrator concerning such fuels or additives.

Prohibits the Administrator from requiring, before 1982, that a small refinery reduce the content of lead in its gasoline below specified levels.

Directs the Administrator to prescribe regulations regarding emissions of carbon monoxide, hydrocarbons and oxides of nitrogen from heavy-duty vehicles manufactured during and after 1979. Sets the standard, for 1979-1982, at the highest level of emission reduction achievable through the application of available technology.

Directs the Administrator to conduct a study of particulate emissions from motor vehicles analyzing the relationship of such emissions to various fuels and fuel additives.

Provides for the issuance of a certificate of conformity to a heavy-duty vehicle to which an emission standard applies. Requires the payment of a noncompliance fee if such standard is not met.

Directs the Administrator to study the problem of carbon monoxide intrusion into the passenger area of certain motor vehicles.

=Title III: Amendments Relating Primarily to Title III of the Clean Air Act= - Empowers the Administrator to issue such orders as may be necessary to protect the health of persons affected by a source of pollution. Requires the Administrator to consult with State officials before issuing such an order, and limits the duration of such orders to 24 hours unless he files an action in U.S. district court to enjoin further pollution.

Authorizes citizen suits against anyone constructing a major emitting facility without a permit regarding significant deterioration or nonattainment.

Directs the Attorney-General to conduct litigation in which the Administrator is a party in accordance with the memorandum of understanding dated June 13, 1977, respecting representation of the Environmental Protection Agency (EPA) by the Justice Department.

Modifies existing administrative procedures followed in EPA rulemaking, including the substitution of an opportunity to provide rebuttal information for the right of cross-examination.

Limits the power of the Administrator to withhold a grant for sewage treatment plant construction.

Requires the Administrator to prepare an economic impact assessment on proposed regulations concerning new source performance standards, excess emissions fees, ozone standards, significant deterioration standards, automobile emission standards, fuel or fuel additive standards, aircraft emission standards or railroad emission standards.

Imposes certain financial disclosure requirements upon: (1) employees of the EPA; (2) members of the National Commission on Air Quality; (3) members of the scientific review committee on ambient air quality; (4) persons with a financial interest in any person subject to the Act; or (5) persons with a financial interest in any person receiving or applying for any form of financial assistance under the Act. Prohibits certain persons with possible conflicts of interest from serving as an officer or employee of EPA.

Directs the Administrator to establish an air quality monitoring system throughout the U.S.

Directs the Administrator to conduct continuing evaluations of potential losses or shifts of employment which may result from enforcement and administration of the Act.

Authorizes an employee whose employment is threatened or terminated to request the Administrator to institute an investigation of the matter. Prohibits an employer from adversely affecting the employment of any employee on account of any action such employee took to aid in the enforcement of the Act.

Establishes a National Commission on Air Quality to study and report to Congress on the adequacy of clean air programs, the implications of implementing such programs, the effects of preventing significant deterioration, and the effect of meeting the auto emission standard for oxides of nitrogen.

Requires that the cost of vapor recovery equipment for storage and refueling must be paid by the owner of the fuel tanks or pumps, except in the case of certain small marketers of gasoline.

Authorizes appropriations to carry out the purposes of this Act.

=Title IV: General and Miscellaneous Provisions= - Provides a uniform standard of proof for EPA regulation of air pollutants applicable to the setting of: (1) criteria for national ambient air quality standards; (2) new stationary source performance standards; (3) hazardous stationary source emission standards; (4) auto emission standards; (5) fuel and fuel additive standards; and (6) aircraft emission standards.

Creates an interagency task force to quantify the relationship between environmental pollution and cancer, heart, and lung disease.

Provides for studies and reports concerning: (1) the health hazards and means of controlling fine particulates; (2) the effects of odorous emissions; (3) the relationship between levels of chemicals in the environment and in human tissue; (4) fuel economy in relation to the emission standards; (5) alternative systems for providing economic adjustment assistance to employees; (6) the emissions of sulfur from motor vehicles and aircraft; (7) the health effects of auto-related pollutants; (8) the impacts of railroad locomotive emissions; (9) economic measures to control under-regulated pollutants; and (10) the possibility of creating a system of penalties for emissions of oxides of nitrogen from major emitting facilities.