Clean Air Act Amendments of 1982

Clean Air Act Amendments of 1982 - Amends the Clean Air Act ("the Act") to revise stationary source provisions for State implementation plans (SIPs), new source performance standards (NSPS), primary nonferrous smelter orders, prevention of significant deterioration (PSD), and best available control technology (BACT).

State Implementation Plans (SIPs) - Permits major stationary source construction or modification in a nonattainment area, even if such source emissions will cause or contribute to concentrations of a pollutant in excess of a national ambient air quality standard (NAAQS), if: (1) the SIP revision permitting such construction or modification has not been affirmatively disapproved by the Administrator of the Environmental Protection Agency (EPA); or (2) the State determines that such construction or modification is in the public interest and that NAAQS attainment would be achieved with a reasonable extension of the attainment deadline.

Prohibits findings by the Administrator related to procedural or technical defects in permit applications from serving as the basis for a moratorium on stationary source construction or modification in nonattainment areas.

Requires States to provide the Administrator: (1) notice and copies of proposed SIP revisions; and (2) notice of SIP revisions adopted and brief summaries of written objections or comments concerning such revisions and of State actions with respect to such objections or comments.

Directs the Administrator to submit to the State technical and legal comments, and any recommended changes, on proposed SIP revisions. Directs the Administrator to publish notice in the Federal Register within 30 days of receipt of notice of State adoption of an SIP revision and to provide a period of no less than 30 days and no more than 70 days for public comment.

Provides that SIP revisions shall be deemed approved by the Administrator and become effective 90 days after publication in the Federal Register, unless the Administrator has disapproved the revision for failure to satisfy specified requirements. Directs the Administrator to publish a notice in the Federal Register of each approval or disapproval of an SIP revision.

Authorizes the Administrator to extend such public comment period and effective date of an SIP revision for up to 60 days and to hold public hearings on SIP revisions.

Prohibits an SIP revision from becoming effective unless the Administrator publishes a finding that the State's response to a timely objection, based on the Act or any regulation under the Act, was not arbitrary or capricious. Describes the materials that shall constitute the record for purposes of judicial review of approvals or findings of the Administrator with respect to SIP revisions.

Repeals the requirement that SIPs must provide, to the extent necessary and practicable, for periodic inspection and testing of motor vehicles to enforce compliance with applicable emission standards. Prohibits the Administrator from requiring such an inspection and testing program as a condition of SIP approval, except under specified conditions relating to extensions of attainment dates for NAAQS for photochemical oxidants or carbon monoxide.

Permits States to suspend or revoke indirect source review programs without regard to specified SIP approval requirements. Provides that such a State suspension or revocation shall constitute a SIP revision, of which the State must notify the Administrator and the Administrator must publish notice in the Federal Register.

Removes the requirement that the system of continuous emission reduction be "technological," for purposes of permit requirements for new or modified stationary sources.

Establishes a ten-year "grandfather" period from the date of completion of construction or modification of any major emitting facility issued a permit under PSD area or nonattainment area provisions. Provides that during such period such facility shall not be required to comply with an emission limitation or standard more stringent than the emission reduction required under such permit, unless the limitation or standard: (1) applies to an air pollutant for which an NAAQS is established after permit issuance; or (2) is required under provisions for nonattainment areas or national emission standards for hazardous air pollutants (NESHAPs) or emergency conditions.

New Source Performance Standards (NSPS) - Repeals the requirement that new fossil fuel fired stationary sources of air pollution comply with a standard of performance which requires a percentage reduction in air pollutant emissions.

Redefines "standard of performance," for NSPS purposes, to require emissions limitations achievable through the application of a system of continuous emission reduction which the Administrator (or the State, for specified categories of stationary sources) determines is adequate for that category or a similar category of new stationary sources, taking into consideration the cost of achievement, energy impact, and environmental effects unrelated to air quality.

Redefines "new source" to include stationary sources commencing planning or design (as well as those commencing construction or modification) after publication of final applicable NSPS and to exclude any stationary source for which planning, designing, construction, or modification commenced after September 18, 1978, but prior to June 11, 1979.

Removes the requirement that the system of continuous emission reduction under NSPS be a "technological" system or process. Includes in the definition of such system or process the use of inherently low-polluting fuels or raw materials.

Permits application of such amended requirements to fossil fuel fired electric utility steam generating units which were constructed or modified after September 18, 1978, and before the publication of regulations reflecting the amendments made by this Act.

Primary Nonferrous Smelter Orders - Permits primary nonferrous smelters to use intermittent emissions curtailment for not more than five percent of any calendar year to assure attainment and maintenance of the NAAQS for sulfur oxides.

Directs the Administrator to promulgate new regulations for a standard of good engineering practice with respect to stack heights which will allow, in the case of primary nonferrous smelters, a credit for such stack height as may be necesssary to reduce plume impaction on terrain obstacles in mountainous regions where no other reasonable plant siting option is available.

Extends by five years the deadlines for compliance with primary nonferrous smelter orders.

Prevention of Significant Deterioration (PSD) - Revises a purpose of PSD provisions.

Makes a Class II areas (areas where air quality deterioration is permitted to a greater degree than in Class I areas which include international and national parks and wilderness areas in existence on August 7, 1977) areas which exceed 10,000 acres in size and which are established after passage of the Clean Air Act Amendments of 1977 as national monuments, primitive areas, preserves, recreation areas, wild and scenic rivers, wildlife refuges, lakeshores or seashores, and parks or wilderness areas. Provides that such areas may only be redesignated as class I or class II. Directs the Administrator to consult with the Federal land manager in each State and publish a list of such areas located within specified nonattainment areas. Exempts such areas for classification as class II areas upon certification to the Administrator by the States in which such areas are located that such a designation is unreasonable or impractical. Prohibits the Administrator from overruling the State, unless the Administrator demonstrates that the State has been arbitrary or capricious in exempting such areas from classification as class II areas.

Provides that current non-mandatory class II areas which are not established as class I areas or mandatory class II areas or redesignated shall be class II areas until December 31, 1983, but shall be unclassified thereafter, unless redesignated. Eliminates the Class III area classification.

Repeals Class I and Class II area short-term "increment" requirements (maximum allowable increases over baseline concentrations of a pollutant) for: (1) 24-hour periods for particulate matter; and (2) 24-hour and three-hour periods for sulfur dioxide (thus retaining only annual "increment" limitations for such pollutants in such areas).

Repeals all Class III area "increment" requirements.

Excludes pollution attributable to fugitive dust and other naturally occurring background particulate matter from consideration in determining concentrations of pollutant for purposes of PSD increment requirements. Authorizes (and requires upon petition of the Governor) the Administrator to provide notice, conduct a public hearing, and, with the Governor's concurrence, promulgate rules for determining compliance with increment requirements in States where the Administrator is the PSD permitting authority.

Eliminates the Class III area classification.

Permits States to designate or redesignate specified national areas established after the passage of this Act and exceeding 10,000 acres in size as class I, class II, or unclassified. Requires that such redesignation be specifically approved by the Governor after consultation with the legislature (unless State law requires State legislation) and local governments of the redesignated area. Exempts such areas which are redesignated unclassified from PSD increment requirements.

Eliminates requirements that specified descriptions, analyses, and plans relating to area redesignations be prepared and made available for public inspection.

Eliminates provisions relating to preconstruction requirements for Class III areas.

Retains the one-year (after filing date) deadline for granting or denying completed permit applications for facilities which will emit 500 tons or more per year of pollutant, but provides a six-month deadline in the case of facilities emitting less than 500 tons. Requires that the permit applicant be notified whether the application is complete, within two months after filing.

Requires States, for PSD preconstruction review purposes, to transmit to the Administrator copies of permit applications for major emitting facilities only if such a facility will emit: (1) 500 tons or more per year of total suspended particulate matter or 1,000 tons or more of sulfur dioxide; or (2) pollution affecting air quality in any class I area or other specified national areas. Requires States to provide notice to the Administrator of only the final action taken on such permit.

Requires protection of air quality related values within a Class I area only "from significant adverse impacts." Provides that the affirmative responsibility of the Federal Land Manger and the Federal official charged with direct responsibility for management of lands within a class I area shall not extend to protection of integral vistas or views of specific landmarks or panoramic views located outside the boundaries of Federal Class I areas.

Requires inclusion of information constituting its basis in the filing of an allegation that a proposed facility may cause or contribute to a significant adverse impact in air quality. Requires State concurrence, taking into consideration the health, environmental, economic, and energy effects of a facility, with the Federal Land Manager's demonstration that a proposed facility will have such an impact.

Repeals the requirement that the owner or operator demonstrate to the satisfaction of the Federal Land Manager that a proposed facility will not have an adverse impact on air-quality related values. Requires, instead, that the owner or operator file a notice with the Federal Land Manager that such facility will have no significant adverse impact, and gives the Federal Land Manager 45 days to concur or disagree.

Repeals short-term "increment" limitations for PSD construction permit purposes.

Authorizes the Governor, after consideration of the Federal Land Manager's recommendation, to grant a variance from the annual increment limitation for sulfur dioxide in Class I areas. Requires, in the case of Federal mandatory Class I areas, that such a variance not have a significant adverse effect on air quality related values and be in the public interest.

Requires that continuous air quality monitoring data be included in an analysis for PSD preconstruction review purposes only to the extent required in the discretion of the permitting authority. Repeals the requirement that such data be gathered over a one-year period.

Establishes a ten-year "grandfather" period for facilities issued PSD construction permits.

Excludes naturally occurring background particulates or fugitive dust analysis or control from specified demonstrations required of owners or operators seeking PSD construction permits.

Deletes the requirement that the Administrator's PSD regulations for specified other pollutants be at least as effective as the increment requirements already established.

Revises the definition of "major emitting facility" for PSD purposes to provide consideration of the net effect on air pollution emissions of modifications of specified types of stationary sources.

Revises provisions for visibility protection for Federal Class I areas to cover only "significant" impairments of visibility. Excludes from the definition of "visibility impairment" an integral vista or view of a specific landmark or panoramic view located outside the boundary of a Class I Federal area which can be viewed from a point within the boundaries of a Class I area.

Best Available Control Technology (BACT) - Revises the definition of "best available control technology" (BACT) to include designs or work practice standards. Allows the permitting authority to provide that for stationary sources which do not emit more than 500 tons per year of a particular air pollutant BACT may be equivalent to the applicable new source performance standard (NSPS), under specified circumstances.