Hazardous Air Pollutants Amendments Act of 1984

Hazardous Air Pollutants Amendments Act of 1984 - Title I: - Amends the Clean Air Act ("the Act") to provide for the control of hazardous air pollutants from stationary and mobile sources. Provides for expedited listing of hazardous air pollutants. Directs the Administrator of the Environmental Protection Agency (EPA), within 90 days after enactment of this Act, to classify 35 substances into two categories for purposes of determining whether such substances are hazardous air pollutants as defined under provisions for national emission standards for hazardous air pollutants (NESHAPs). Requires that 25 substances, including each of the 22 substances listed in specified testimony of the Administrator before Congress, be classified in the first category. Requires that ten additional substances, from among the 37 substances identified to Congress on a specified date by the EPA as being in the assessment phase of the review process, be classified in the second category. Authorizes the Administrator, at any time up to 90 days before the commencement of specified determination proceedings for any substance in the second category, to substitute for that substance another substance if the Administrator determines that there is a higher priority for determining whether the substitute substance is a hazardous air pollutant. Directs the Administrator to republish the classification with a statement of the reasons for such substitution.

Directs the Administrator to commence hazardous air pollutant determination proceedings concerning: (1) the 25 substances in the first category, within 90 days after enactment of this Act; and (2) the ten substances in the second category, within one year after such enactment. Requires that such proceedings include an opportunity for a public hearing. Directs the Administrator to solicit and consider the advice of the Science Advisory Board in making a determination in such proceedings. Directs the Administrator to establish a docket for such proceeding containing all relevant information and analyses in EPA's possession.

Directs the Administrator to make a hazardous air pollutant determination for each substance: (1) in the first category by January 1, 1986; and (2) in the second category by January 1, 1987. Directs the Administrator, simultaneously with such determination, to include any substance determined to be a hazardous air pollutant on the required published list and to publish a list of all categories of stationary sources which emit such pollutant.

Directs the Administrator, for each category of stationary sources listed as emitting a hazardous air pollutant which was classified in the first category and subsequently listed, to: (1) publish proposed national emission standards (and, if necessary, proposed interim standards) by January 1, 1987; and (2) promulgate national emission standards (and, if necessary, interim standards), by January 1, 1988. Requires, for categories of stationary sources listed as emitting hazardous air pollutants classified in the second category and subsequently listed, publication of proposed standards by January 1, 1988, and promulgation of standards by January 1, 1989.

Makes requirements under this Act relating to such expedited listing of, and promulgation of standards for, hazardous air pollutants nondiscretionary duties of the Administrator, for purposes of citizen lawsuit provisions of the Act. Allows any person to bring a civil action to require the Administrator to make any classification, commence any proceeding, make any determination, list any substance, or propose or promulgate any standard in accordance with specified provisions of this Act. Provides that the notice requirement under citizen lawsuit provisions shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite its consideration of such action.

Requires that a substance be treated as listed as a hazardous air pollutant until the Administrator makes a determination, if the Administrator has not made the required determination by the specified deadline.

Directs a court to issue an order requiring a substance classified in the first or second category to be treated as listed as a hazardous air pollutant until the Administrator completes further proceedings, if: (1) the Administrator determines that such substance is not a hazardous air pollutant; and (2) the court reviewing such determination for any reason remands such determination to the Administrator for further proceedings.

Directs the Administrator, on or before January 31, 1987, to commence hazardous air pollutant determination proceedings for each substance which: (1) has been classified, prior to January 31, 1987, by the national toxicology program as a known carcinogen or as a substance which may reasonably be anticipated to cause cancer; (2) is an air pollutant; and (3) has not been the subject of a determination under provisions of this Act for the 35 substances classified in two categories. Requires that such proceeding be completed within one year from the date required for commencement. Provides for annual hazardous air pollutant determination proceedings beginning on or before January 31, 1988, for each air pollutant which has been classified during the preceding year by the national toxicology program as a carcinogen or as one which may reasonably be anticipated to cause cancer. Requires that such proceedings be completed within one year from the date required for commencement.

Revises provisions for NESHAPs. Directs the Administrator to publish and revise a list which includes each air pollutant which has been determined to be a hazardous air pollutant. Requires that such list also be revised to include the pollutants listed in accordance with the timetables established under this Act (including the pollutants listed by operation of law if the Administrator has not made a required determination by the specified deadline).

Provides for emissions standards for control of hazardous air pollutants from stationary sources. Directs the Administrator to publish with the listing of a hazardous air pollutant (including a listing by operation of law) or the revision of such listing a list or revised list of all categories of stationary sources which emit such air pollutant. Requires that such list of source categories be revised whenever necessary to include all categories of stationary sources which emit any hazardous air pollutant listed.

Directs the Administrator, within one year after listing a hazardous air pollutant, to publish proposed national emission standards (and, if necessary, proposed interim standards) for each category of stationary sources listed as emitting such air pollutant. Directs the Administrator, within one year after proposal of such standards, to promulgate national emission standards (and, if necessary, interim standards) for each such category of new stationary sources. Requires that such standards be established at a level which, in the Administrator's judgment, provides an ample margin of safety to protect public health.

Authorizes the Administrator to also promulgate such an interim standard if a specified determination is made. Prohibits, with specified exceptions, the promulgation of any such interim standard at any time other than simultaneously with the initial promulgation of the national emission standard applicable to the emission of the hazardous air pollutant from such category of stationary sources. Prohibits revision of any such interim standard to make it less stringent after the date on which it takes effect. Allows promulgation of any such interim standard only if the Administrator determines that the national standard for such sources requires an emissions level of that hazardous air pollutant which is lower than the lowest level achievable (as determined at the date of promulgation) by the application of all potential emission reduction measures. Limits the period for which any such interim standard may remain in effect to six years after the date of the initial promulgation of the applicable national standard. Provides that any such interim standard shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures. Defines "all potential emission reduction measures" as all measures or techniques for the reduction of emissions of the hazardous air pollutant concerned, except those which the Administrator finds to be technologically infeasible at the time of the determination on the date of promulgation. Includes the use of advanced emission control technology, closed systems, or substitute raw materials, processes, or products among such measures and techniques, except those found technologically infeasible.

Prohibits any such national emissions standard or interim standard applicable to the emission of any hazardous air pollutant from being less stringent than the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of proposal of the standard) by any source in the category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any permit (as of the date of proposal of the standard) applicable to any such source.

Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources for purposes of establishing such national emission standards (including interim standards) for stationary sources emitting hazardous air pollutants.

Directs the Administrator to revise such national standards where appropriate following periodic review. Directs the Administrator to complete a review of each such national standard within eight years from the date of promulgation, and at eight-year intervals thereafter. Directs the Administrator, within four years after enactment of this Act, to: (1) complete a review of each national emissions standard for hazardous air pollutants in effect on December 1, 1983, applicable to each hazardous air pollutant listed prior to December 31, 1983; and (2) revise the national emission standard (and if necessary promulgate an interim standard) for such hazardous air pollutant in accordance with this Act.

Establishes permit requirements for new or modified sources of hazardous air pollutants. Requires such permits to be obtained from the Administrator or a delegated State prior to: (1) construction of any new stationary source which emits any hazardous air pollutant listed under the Act; or (2) modification of any existing stationary source which emits any such listed hazardous air pollutant if such modification will increase the emission of that hazardous air pollutant. Provides that such permits shall require compliance by the source with an emission limitation applicable to the hazardous air pollutant concerned which provides an ample margin of safety to protect public health. Allows an interim limitation for a specified period if such emission limitation would require an emissions level lower than the lowest level achievable by application of all potential emission reduction measures. Limits the period for which any such interim emission limitation included in a permit may remain in effect to six years after the earlier of: (1) the date of initial promulgation of a national emission standard applicable to the emission of such hazardous air pollutant from sources in the category concerned; (2) the date of the required revision to conform with this Act of such standards promulgated before the enactment of this Act; or (3) the date of issuance of the permit. Provides that each such interim limitation shall require a level of emission reduction at least as stringent as that achievable through the use of all potential emission reduction measures as determined at the time of issuance of the permit. Requires that any emission limitation or interim emission limitation established in such permits and applicable to the emission of any hazardous air pollutant be at least as stringent as the most stringent level of control for such air pollutant which is: (1) achieved in practice (as of the date of issuance of the permit) by any source or category concerned (or in a category of sources having similar air pollution control characteristics); or (2) required in any other permit (as of the date of issuance of the permit concerned) applicable to any such source. Requires that any emission limitation or interim emission limitation established in such a permit be at least as stringent as any applicable interim standard promulgated or, if no such interim standard has been established, any applicable national emission standard promulgated.

Establishes permit requirements for control of hazardous air pollutants from existing stationary sources. Makes it unlawful for an owner or operator to operate an existing source without a permit one year after promulgation of a national emissions standard applicable to hazardous air pollutant emissions from sources in such category (or one year after the enactment of this Act in the case of any standard promulgated before such enactment). Sets forth provisions for standards under such existing source permits which are similar to those for new and modified source permits. Authorizes the Administrator to grant a waiver permitting an existing source a period of up to two years after the effective date of the permit requirement to comply with the requirement, upon determination that such period is necessary for the installation of controls and that steps will be taken during the waiver period to assure that the health of persons will be protected from imminent endangerment. Allows the source owner or operator, prior to expiration of such waiver period, to apply to the Governor of the State in which the source is located for an emergency extension of the waiver for up to three years from its expiration date. Authorizes the Governor, after statewide notice and opportunity for public hearing and upon making specified determinations, to petition the President to grant such extension. Requires consultation with the Governor of any other State whose residents may become exposed to such source emissions, and statewide notice and opportunity for residents of such other State to participate in the public hearing on such waiver extension. Authorizes the President, after reviewing the hearing, public comments, and any recommendations of the Governor of another State, to grant such petition if the President specifically concurs in each of the findings of the petitioning Governor. Requires publication of the President's reasons for concurring or not concurring. Directs the President to report to Congress on each extension granted.

Sets forth general requirements applicable to permits under provisions for national emissions standards for hazardous air pollutants. Sets forth such permit requirements relating to: (1) monitoring; (2) administrative procedure and judicial review of issuance; (3) delegation to State permit programs; (4) revocation, renewal, and review; and (5) fees. Authorizes the Administrator to promulgate regulations under which permits may be issued by rule to one or more classes of stationary sources which emit hazardous air pollutants in small annual amounts where such sources are numerous.

Sets forth conforming amendments.

Title II: Hazardous Air Pollutants from Motor Vehicles - Amends Clean Air Act provisions relating to mobile sources to establish a program for the control of motor vehicle hazardous air pollutants.

Defines a "motor vehicle hazardous air pollutant" as an air pollutant emitted from a motor vehicle or motor vehicle part, whether emitted into the ambient air or the interior of the motor vehicle, which the Administrator judges to cause or contribute to air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

Directs the Administrator, within 90 days after enactment of this Act, to publish a list which includes each motor vehicle hazardous air pollutant, and to revise such list from time to time. Requires that the list include: (1) lead, ethylene dibromide, diesel particulates, and benzene; and (2) each hazardous air pollutant listed under the Act if the Administrator determines that such air pollutant is emitted from a motor vehicle or motor vehicle part. Directs the Administrator to make such determination: (1) simultaneously with the hazardous air pollutant listing; or (2) in the case of hazardous air pollutants listed before the enactment of this Act, within 180 days after such enactment.

Makes requirements relating to motor vehicle hazardous air pollutants nondiscretionary duties of the Administrator for purposes of citizen lawsuit provisions. Allows any person to bring a civil action to require the Administrator to comply with any such duty. Provides that notice requirements for citizen lawsuits shall not apply to any such action. Directs any court having jurisdiction over any such action to expedite consideration of such action.

Directs the Administrator to prescribe regulations to require manufacturers of motor vehicles, motor vehicle parts, fuels, fuel additives, oil, and oil additives to report to the Administrator any pollutant which is generated in normal use of its product and which it has reason to believe may be required to be listed as a motor vehicle hazardous air pollutant.

Directs the Administrator, within one year after the inclusion of any motor vehicle hazardous air pollutant on the list (except in the case of lead) to publish proposed regulations: (1) under provisions for regulation of fuels and fuel additives respecting the substance concerned; or (2) (if it is technologically infeasible to achieve the objective of controlling a motor vehicle hazardous air pollutant under provisions for regulation of fuel or fuel additives) under provisions for new motor vehicles or engines establishing an emission standard for such pollutant. Directs the Administrator, within 180 days after publication of proposed regulations for establishing an emission standard for any motor vehicle hazardous air pollutant, to prescribe an emission standard applicable to the emission of such air pollutant from new motor vehicles and engines. Requires that such standard be established at a level which the Administrator judges to provide an ample margin of safety to protect public health. Sets forth provisions for interim standards for motor vehicle hazardous air pollutants which are similar to provisions for interim standards for stationary source hazardous air pollutants under this Act. Provides that, with specified exceptions, any new motor vehicle or engine emission standard established for a motor vehicle hazardous air pollutant shall become effective beginning with the second model year which commences after the model year in which such standard is promulgated.

Requires that such regulations for emission standards for control of diesel particulate emissions establish standards which are at least as stringent as the following: (1) not more than 0.2 grams per mile (gpm) for model years 1986 and 1987 light-duty vehicles; (2) not more than 0.26 gpm for model years 1986 and 1987 light-duty trucks; (3) not more than 0.08 gpm for model years 1988 and after light-duty vehicles and light-duty trucks; and (4) not more than 0.25 grams per brake horsepower-hour for model years 1989 and after heavy-duty vehicles and engines.

Directs the Administrator, within 180 days after publication of proposed regulations for any motor vehicle hazardous air pollutant which is a fuel or fuel additive, to prescribe a rule controlling or prohibiting the manufacture, introduction into commerce, offering for sale, or sale of such substance.

Directs the Administrator to promulgate regulations prohibiting the use of lead or lead additives in gasoline after December 31, 1986.