Hazardous Air Pollutant Control Act of 1983

Hazardous Air Pollutant Control Act of 1983 - Amends the Clean Air Act ("the Act") to revise provisions relating to hazardous air pollutants.

Directs the Administrator of the Environmental Protection Agency (EPA), within 60 days after enactment of this Act, to identify at least 25 substances or materials for which the Administrator intends to make a decision by December 31, 1985, on whether to include such substances or materials on the list of hazardous air pollutants established under provisions for national emission standards for hazardous air pollutants ("the NESHAPs list"). Requires that such identification include: (1) polycyclic organic matter, nickel, toluene, coke oven emissions, acrylonitrile, carbon tetrachloride, perchloroethylene, trichloroethylene, methyl chloroform, CFC-113, manganese, chromium, cadmium, chlorobenzenes, dioxin, vinylidene chloride, epichlorohydrin, chloroform, hexachlorocyclopentadiene, ethylene oxide, and ethylene dichloride; and (2) each other substance or material under EPA evaluation for inclusion on the NESHAPs list for which EPA has positive data from one or more tests indicating carcinogenicity in humans or other mammals. Directs the Administrator, within one year of such enactment date, to identify at least 15 additional substances or materials for which an inclusion decision will be made by December 31, 1986. Requires that first consideration, in both such identifications, be given to specified substances and materials which the EPA has been evaluating.

Directs the National Toxicology Program, through its Director, to recommend substances or materials which should be so identified, and to continue to recommend substances and materials which may be appropriate for inclusion on the NESHAPs list.

Directs the Administrator, at the time the additional substances or materials are identified, to also identify any additional research, study, or evaluation which may be useful in making a determination. Directs the Administrator, in cooperation with the National Toxicology Program, to: (1) establish a schedule for initiating and completing such research, study, or evaluation; (2) identify the agency which will undertake it; and (3) identify the source and amount of funding for it, if such funding is not provided through the Hazardous Substance Response Trust Fund.

Directs the Administrator, within 30 days after publication of any report under specified provisions of the Public Health Service Act, to publish a notice identifying each substance or material listed in such report which is known or may reasonably be anticipated to be an air pollutant. Requires such notice to allow 60 days for interested parties to submit information and comment on whether any substance or material identified in such notice is a hazardous air pollutant.

Directs the Administrator, by December 31, 1985, in the case of those substances in the first identification and by December 31, 1986, in the case of the additional substances identified, to publish the determination of whether each substance or material is a hazardous air pollutant to be included on the NESHAPs list (along with the basis and the available information for such determination) after opportunity for submittal of information by interested parties.

Directs the Administrator, within one year after the required date for issuance of each notice relating to the Public Health Service Act list, to determine whether each substance or material identified in each such notice is a hazardous air pollutant.

Directs the Administrator, within 30 days after the identification of any substance or material required under this Act, to establish a docket for each such substance or material. Requires that such docket include all relevant information and analyses in the possession of the Administrator, all written comments and documentary information received from any person, and detailed written summaries of oral communications from or to any person on such issue.

Requires that a substance or material be included on the NESHAPs list, by operation of law, if the Administrator: (1) fails to make a determination by the appropriate deadline; or (2) determines that such substance or material is a hazardous air pollutant.

Directs the Administrator to specify the chemical forms of a substance or material which are determined to be hazardous air pollutants when including such substance or material on the NESHAPs list.

Allows any interested party to petition the Administrator to remove any substance or material from the NESHAPs list, but only on the basis of information which was not available to the Administrator before the inclusion on such list. Directs the Administrator, within 120 days after receipt, to: (1) make a finding whether the petition is based on such information; (2) if there is such a basis, to publish a notice of such finding and provide opportunity for public comment; and (3) within 120 days after such notice, publish a determination whether the substance or material is a hazardous air pollutant. Provides that the pendency of any such petition shall not suspend the running time of any statutory or judicial time limit for the proposal or promulgation of NESHAPs standards.

Provides that neither the identification for determination purposes nor the automatic listing due to failure to meet the deadline shall be deemed a presumption that a substance or material is a hazardous air pollutant.

Directs the Administrator to identify the categories of sources which emit, in significant amounts, each hazardous air pollutant on the NESHAPs list. Requires that such identification include specified categories of stationary sources.

Extends from 180 days to one year the period after proposal of emission standards during which the Administrator must establish final emission standards for hazardous air pollutants (NESHAPs).

Requires that NESHAPs be established at a level requiring the greatest degree of emission reduction of such pollutant through the application of the best system of continuous emission reduction available for the class or category of source, taking into account the cost of achieving such reduction and any nonair quality health or environmental impacts (BACT - the Best Available Control Technology). Directs the Administrator to determine whether such emission standard is adequate to protect the public health from such hazardous air pollutant with an adequate margin of safety; and, if not, to establish such standard at a more stringent level. Requires that NESHAPs be at least as stringent as the most stringent emission limitation shown by an adequate operating history to have been achieved in practice by a source of the same category or in a category with similar air pollutant control characteristics (LAER-the Lowest Achievable Emission Rate).

Authorizes the Administrator to distinguish among classes, types, sizes, and periods of remaining useful life for sources within a category of sources for purposes of establishing NESHAPs.

Revises NESHAPs prohibitions to require permits for: (1) construction of new sources or modification of existing sources which emit or will emit any substance or material included on the NESHAPs list; and (2) operation of existing stationary sources which emit a hazardous air pollutant in violation of a NESHAPs standard. Directs the Administrator to determine specified standards relating to such permits. Directs the Administrator, in the case of such permits for operation of an existing source, to provide for compliance with NESHAPs standards as expeditiously as practicable, but in no event later than two years after the promulgation of the standard. Requires that all such permits include specified monitoring requirements. Limits the period of validity for such permits to seven years, with provisions for renewal. Requires fees to cover costs of reviewing and acting upon such permit applications and implementing and enforcing the terms and conditions of such permits and renewals. Requires that notice and opportunity for a hearing be provided within the locality where the source is located before any such permit or renewal may be issued.

Directs the Administrator to delegate NESHAPs implementation and enforcement authority to a State only if the State procedure: (1) provides necessary assurances that the State will have adequate personnel, funding, and authority to carry out such implementation and enforcement; and (2) contains provisions equivalent to those provided under this Act for the issuance and renewal of permits, including requirements for monitoring and permit fees. Provides that the grant or denial of a permit or permit renewal by a State to which such a delegation has been made shall be deemed an action of the Administrator for purposes of judicial review provisions of the Act.

Requires that design, equipment, work practice, and operational standards be consistent with specified requirements under NESHAPs provisions.

Allows a citizen lawsuit against the Administrator for failure to perform a nondiscretionary act or duty with respect to NESHAPs provisions, or with respect to provisions for listing certain unregulated pollutants, to be commenced ten days after the plaintiff has given notice to the Administrator.

Provides that specified amendments made by this Act shall not affect any NESHAP emission standard promulgated prior to the enactment of this Act.