Hazardous Air Pollutants Amendments Act of 1984

Hazardous Air Pollutants Amendments Act of 1984 - Amends the Clean Air Act (the Act) to revise provisions relating to hazardous air pollutants.

Revises provisions for listing of certain unregulated pollutants to provide for expedited listing of hazardous air pollutants.

Directs the Administrator of the Environmental Protection Agency (EPA), within 90 days after the enactment of the Clean Air Act Reauthorization Amendments of 1984 (the Amendments), to identify by publication at least 20 of those substances for which a decision must be made before December 31, 1986, under provisions for the listing of hazardous air pollutants. Provides that such substances shall be chosen from among the 37 candidate substances identified by the EPA as being in the assessment phase of the agency's process for review under provisions for national emission standards for hazardous air pollutants (NESHAP) and for which a decision has not been made under the hazardous air pollutant listing provisions within 90 days after the enactment of the Amendments.

Directs the Administrator, if all of such 37 substances are not identified by the date so specified, to specify within the ninety-day period, a date by which a decision under hazardous air pollutant listing provisions will be made for each of the 37 substances which are not so identified. Provides that such date may not be later than December 31, 1987.

Authorizes the Administrator to substitute for any of the 37 candidate substances another substance which, in the Administrator's judgment, is deemed to be a higher priority substance for consideration as a hazardous air pollutant within the meaning of specified NESHAP provisions.

Provides that, if the Administrator fails to identify all 37 (or substitute) substances within such deadlines, all of the 37 substances shall be deemed to be subject to the December 31, 1986, deadline for a decision under hazardous air pollutant listing provisions.

Directs the Administrator to establish a docket for the identified substance simultaneously with its identification. Sets forth requirements relating to the contents of such docket. Makes it the duty of the Science Advisory Board to make its comments on any health assessment available to the Administrator for inclusion in such docket within a specified period.

Provides that, if the Administrator has not made a decision concerning any substance identified by the deadines specified under this Act, the making of that decision shall be treated as a nondiscretionary duty of the Administrator for purposes of citizen suit provisions and the notice requirement under such provisions shall be waived. Requires a presumption in any such proceeding that: (1) the docket for that substance has adequate and sufficient scientific and other information and analysis for making that decision; and (2) the Administrator has been dilatory in making the decision. Directs the court to expedite its consideration of such action and to require the making of that decision by the Administrator within a period of not more than six months. Prohibits the court in any such proceeding from considering the lack of funds or personnel for such decisions. Directs the court to retain jurisdiction over the proceeding and to issue such enforcement orders as it deems appropriate.

Directs the Administrator, simultaneously with the listing of any hazardous air pollutant and of the categories of stationary sources which emit such pollutant, to promulgate a proposed schedule for establishing national emission standards for such pollutant from such categories of sources. Requires that such schedule: (1) take into consideration specified rulemaking requirements; (2) provide for establishment of such standards for each of such categories within 36 months after the date of listing of that category; and (3) include an opportunity for public hearings after a notice period of at least 60 days.

Provides that a period of not more than 30 days following the promulgation of such a proposed schedule shall be available for written comment. Directs the Administrator to publish a final schedule within 45 days after the close of such period.

Directs the Administrator to: (1) begin immediately after the listing of any such pollutant and sources to develop proposed national emission standards; and (2) publish proposed and final national emission standards under NESHAP provisions in accordance with the promulgated schedule. Declares that the paramount purpose of the requirements for expedited listing and standard-making of this Act, and of the requirements of NESHAPs provisions, is the protection of public health.

Directs the Administrator, within one year after the enactment of the Amendments, and after consultation with the National Toxicology Program and other agencies, to publish a process for periodically selecting substances which shall be candidates for listing decisions under NESHAPs provisions. Requires that such process provide a procedure for the consideration of substances which have been found to be hazardous or a known carcinogen under other Federal programs and which are emitted into the air in significant amounts.

Revises judicial review provisions to include listing any hazardous air pollutant and promulgating any NESHAP standard applicable to a stationary source among those actions of the Administrator for which a petition of review may be filed only in the U.S. District Court for the District of Columbia.

Revises NESHAP provisions to direct the Administrator to publish, and from time to time revise, a list which includes each air pollutant which has been determined to be a hazardous air pollutant within the meaning of specified NESHAP provisions. Requires that such list also include the pollutants listed in accordance with the timetables established under this Act.

Directs the Administrator, simultaneously with such listing of a hazardous air pollutant, to publish a list which identifies the various industrial and commercial stationary source categories of such hazardous air pollutant and contains estimates of the contribution of each such category to ambient concentrations. Directs the Administrator to establish emission standards for the emission of each such hazardous air pollutant listed from each category: (1) the emissions from which, in the Administrator's judgment, pose a reasonable possibility of endangering or otherwise having a significant adverse effect on public health; and (2) which the Administrator proposes to regulate under NESHAP provisions. Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources in establishing emission standards.

Directs the Administrator, simultaneously with the listing of categories of stationary sources of a hazardous air pollutant or at any subsequent time before proposal of a standard for any such category, to publish a list of those categories of stationary sources of such pollutant which the Administrator judges may pose any actual or reasonable possibility of endangering or otherwise having a significant adverse effect on public health and is determined to be: (1) better controlled (within the time specified for issuing NESHAPs) under other provisions of the Clean Air Act or under another authority of law administered by EPA; or (2) a category (or portion thereof) of such stationary sources (such as residential wood stoves) which are too widespread and numerous to be reasonably susceptible to effective and enforceable control under NESHAPs provisions. Requires such list to include a statement of the basis of any judgment not to regulate a category under NESHAPs provisions.

Requires that each NESHAP be established at a level which the Administrator judges to: (1) be designed to protect public health, taking into consideration both the extent of health risks to the exposed population and the magnitude of the risk to persons exposed to the highest concentrations of such hazardous air pollutant; and (2) include an ample margin of safety sufficient to ensure protection of public health without reducing emissions to zero unless the Administrator determines that a zero level is required to protect public health. Provides that nothing under these or other NESHAP provisions is intended to establish standards or technology requirements that will, in the Administrator's judgment, cause or directly contribute to the closing of any source temporarily (except to the extent required to construct or install needed technology) or permanently.

Establishes NESHAP permit requirements. Requires, after the proposal of a NESHAP standard, that a NESHAP permit be obained for: (1) construction of any new stationary source in any category listed as emitting such hazardous air pollutant; or (2) modification of any existing stationary source in any such category if such modification will increase the emission of such pollutant.

Requires that each such permit issued to any hazardous air pollutant stationary source: (1) after the date of promulgation a NESHAP standard for such pollutant require compliance by the source with an emission limitation which is at or as close as feasible to the level established by the applicable standard; and (2) after the proposal but on or before the date of promulgation of a NESHAP standard require compliance by the source with an emission limitation at or as close as feasible to the level established by the applicable proposed standard. Defines "feasible," for such purposes, as an emission limitation which requires the use of the best technology for the reduction of emissions of the hazardous air pollutant concerned which, in the judgment of the Administrator (or the delegated State), achieves the highest level of control achieved in practice by any source in the category concerned (or in a category of sources having similar air pollution control characteristics), taking into consideration cost and the health benefits to be achieved and the purpose of NESHAP provisions.

Directs the Administrator, within one year after enactment of this Act, to prescribe the information required in each NESHAP permit application. Directs the Administrator to issue or decline to issue any such permit as soon as possible after an application is filed in the required form, but not later than one year thereafter. Authorizes the Administrator to set the appropriate permit term and conditions, including those for renewal and lead time for meeting applicable technology requirements. Requires the Administrator to review such permits at least every ten years, and to make revisions which the Administrator judges necessary to achieve the required emission level.

Requires the Administrator to state the reasons for declining to issue a permit. Allows, in such caes, the owner or operator to submit a new application for a permit.

Requires a NESHAP permit be applied for within one year after the date of promulgation of a NESHAP standard and obtained within two years (excluding Saturdays, Sundays, and Federal holidays) after such promulgation, in the case of any stationary source which: (1) is in any category of stationary sources for which such standard has been promulgated for the emissions of any hazardous air pollutant; and (2) commenced construction or modification on or before the date on which such standard was proposed. Provides that, in the case of any NESHAP standard promulgated before the enactment of the Amendments, the one-year deadline for permit application shall be deemed to be the date one year after such enactment.

Provides that each NESHAP permit for a stationary source in any category shall require compliance by the source with an emissions limitation for each hazardous air pollutant which is at or close as feasible to the level established by the applicable NESHAP standard for sources in that category. Defines "feasible," for such purposes, as the greatest degree of emission reduction achievable through the application of the best system of continuous emission reduction which the Administrator (or State) determines has been: (1) adequately demonstrated on a commercial scale; or (2) shown to be reasonably certain to be ready for commercial application for the category of sources concerned. Directs the Administrator to take specified factors into account in making such determination.

Authorizes the Administrator (or State) to prescribe a compliance schedule for each stationary source for which a NESHAP permit is issued. Provides that any such schedule prescribed by the Administrator shall be prescribed only after consultation with the State in which the source is located and may include interim measures.

Prohibits, during the ten-year period following the issuance of a NESHAP permit, any more stringent emission limitation, compliance schedule, or other conditions with respect to the emissions of the hazardous air pollutant from any source under any other Clean Air Act provision or applicable implementation plan. Waives such prohibition if the owner or operator consents or if the source is modified after permit issuance.

Revises NESHAP provisions for design, equipment, work practice, and operational standards to provide that such standards be consistent with the safety standard set forth in this Act.

Revises the NESHAP definition of "hazardous air pollutant" to delete the condition that such air pollutant be one to which no ambient air quality standard is applicable.

Authorizes the Administrator (or the delegated State) to: (1) suspend or revoke any NESHAP permit if the source owner or operator fails or refuses to comply with permit requirements; (2) reinstate a suspended or revoked permit upon determination of compliance; and (3) require as a permit condition that the owner or operator conduct monitoring necessary for determination of compliance and of the public health effects and extent of emissions.

Revises provisions for Federal enforcement procedures to make conforming references to NESHAP permits.

Revises judicial review provisions to provide that petitions for such review of EPA actions may be filed only in: (1) the U.S. Court of Appeals for the District of Columbia, in the case of a listing of any hazardous air pollutant together with a listing of category of stationary sources under NESHAP provisions (as well as in the case of promulgating any natural emission standard for a category of stationary soruces under NESHAP provisions); and (2) the U.S. Court of Appeals for the appropriate circuit,in the case of issuing or revoking a NESHAP permit. Prohibits the determination of the Administrator to list any substance under NESHAP provisions from being reviewed in any judicial review proceeding under NESHAP provisions establishing a standard or other requirement applicable to emissions of such substance. Provides that judicial review of the listing of any substance under NESHAP provisions shall not affect the Administrator's obligations, under provisions for the listing of certain unregulated pollutants or under NESHAP provisions, to list under NESHAP provisions any category of sources which emit such substance or to propose or promulgate any NESHAP standard applicable to such sources.

Provides that nothing in any amendment made by this Act shall affect the listing of any air pollutant, the proposal, promulgation, or revision of any standard, or any other action taken by the Administrator under NESHAP provisions before the enactment of this Act. Requires that, after such enactment, any revision of any such list, and any proposal, promulgation, or revision of any such standard comply with such amendments.