Clean Air Act Amendments of 1984

(Reported to Senate from the Committee on Environment and Public Works with amendment, S. Rept. 98-426)

Clean Air Act Amendments of 1984 - Amends the Clean Air Act (the Act).

Title I: Amendments Relating Primarily to Stationary Sources - Amends title I (Air Pollution Prevention and Control) of the Act.

Indian Tribes - Amends the definition of "air pollution control agency" to provide that any single agency designated by the tribal governing body of a federally recognized Indian tribe shall be eligible for grants for support of air pollution planning and control programs within an Indian reservation.

Provides that specified funding level requirements for such grants to other agencies in each State shall not apply to grants to tribal agencies.

Information for Technology Requirements - Directs the Administrator of the Environmental Protection Agency (EPA) to make available to State agencies administering permit programs, and to other interested persons, guidance documents to assist such agencies in implementing requirements regarding: (1) best available control technology (BACT) for proposed new and modified major stationary sources; and (2) reasonably available control technology (RACT) for existing sources. Requires publication of such documents within one year after enactment of this Act and updating every year thereafter. Requires that such documents describe, in detail and with specified distinctions, BACT and RACT determinations made by the Administrator and State air pollution control agencies.

Secondary Ambient Air Quality Standards - Makes a technical revision of requirements for national secondary ambient air quality standards (secondary NAAQS).

Implementation Plan Revisions - Directs the Administrator to announce a 60-day public comment period after receipt of any State implementation plan (SIP) revision. Provides for automatic approval of SIP revisions if the Administrator does not disapprove of the revision within 120 days after the end of such public comment period. Authorizes the Administrator to extend the disapproval deadline for 60 days if the State submits additional information after the close of the public comment period. Directs the Administrator, within the 120-day period after the close of the public comment period to: (1) review any objections filed during the public comment period which were also filed during State proceedings; and (2) either disapprove or determine not to disapprove the revision based on such review.

New Source Permits and Operating Permits - Revises SIP requirements relating to new source permits and operating permits.

Provides that a modification of an existing source shall be subject to a new source review only if such modification increases emissions or potential emissions by 100 tons or more per year (the same level as that which applies to new sources).

Prohibits the Administrator from requiring major stationary sources which comply with BACT requirements to adopt more stringent emission limitation or standard during the ten-year period after the new source permit is issued, except in cases of previously unregulated pollutants or hazardous pollutants or public health emergencies.

Prohibits the Administrator from requiring a proposed major emitting facility to comply with any administrative or procedural requirements for permit issuance or emissions calculation which are adopted or modified after the date on which the permit application has been deemed complete, until final action on such application.

Allows a State to adopt a program for establishing or modifying emission limitations and schedules and timetables for compliance for all or any class of sources in such State, through operating permits, general source-specific regulations, or other means. Excludes from coverage under such State program any emission limitations established for a new source by a State under provisions for new source performance standards, national emission standards for hazardous pollutants, prevention of significant deterioration of air quality, and nonattainment areas. Sets forth requirements for any such State program. Provides for EPA review of: (1) any new or modified emission limitation which involves a potential net increase in emissions of 100 tons or more per year for a particular source or class of sources; or (2) any action delaying compliance with an emission limitation for a particular source or class of sources which would reduce emissions by 100 tons or more per year.

Hazardous Air Pollutants - Directs the Administrator, within 60 days after the date of enactment of this Act, to identify at least 20 substances or materials for which the Administrator intends to decide, within two years after such enactment date, whether or not to include such substances in the list of hazardous air pollutants (the NESHAPs list). Requires that such identification include: (1) each substance or material for which the EPA is projected to have completed a health assessment within two years of such enactment date; 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 20 additional substances or materials for which an inclusion decision will be made within five years of such enactment date. 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 what additional research, study, or evaluation is necessary for 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 to establish a docket for each substance identified and provide opportunity for submittal of information by interested parties. Directs the Administrator, within two years in the case of those substances in the first identification and within five years 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, with the basis and the available information for such determination. Requires that a substance or material be included on the NESHAPs list by operation of law if the Administrator fails to make a determination by the appropriate deadline. Provides for removal from the list if the Administrator, within 180 days of such inclusion and upon petition by an interested party, makes a determination that such substance or material is not a hazardous air pollutant.

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 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.

Directs the Administrator to identify the categories of sources which emit each hazardous air pollutant on the NESHAPs list in significant amounts.

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 class or category (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.

Directs the Administrator to establish for each class or category of existing source deadlines which provide for NESHAP compliance as expeditiously as possible, but not later than two years after the effective date of the NESHAP.

Provides that such NESHAPs amendments shall not affect any NESHAP promulgated prior to the enactment of this Act.

Primary Nonferrous Smelter Orders - Extends the date by which primary nonferrous smelter orders must require final compliance with applicable sulfur oxides emission limitations from January 1, 1988, to January 1, 1993.

Noncompliance Penalties - Requires that noncompliance penalties be reduced by the amount of any expenditures used to achieve interim reductions of the pollutant, by a method approved by the Administrator (or the State, as appropriate).

Ozone Protection - Directs the Administrator to give priority in ozone protection studies and research to increasing actual measurements of stratospheric ozone and improving methods of identifying potential trends in such measurements.

Directs the Administrator to contract annually with the National Academy of Sciences to: (1) continue review and research; (2) determine the extent, nature, and causes of changes in stratosphere ozone concentration; (3) investigate probable or possible effects on health and the environment; and (4) report all findings and associated uncertainties.

Directs the National Academy of Sciences, in consultation with the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration, to report, within two years after enactment of this Act and annually thereafter, all findings concerning actual or potential alteration of the concentration of ozone in the stratosphere, its causes, and associated implications and uncertainties. Requires that such report be made to the Administrator and to the Congress, with copies available to the public.

Requires that research and monitoring programs be continued and expanded to determine the extent, nature, causes, effects, and associated uncertainties of stratospheric ozone changes.

Directs the President, within two years after enactment of this Act and annually thereafter, to report to the Congress and the public on efforts to reach international agreements among the major free-world producing countries of chlorofluorocarbons as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken.

Directs the Administrator, in proposing further regulations for the control in the United States of any chlorofluorocarbon under the Act or the Toxic Substance Control Act, to first: (1) determine that chlorofluorocarbons are contributing to depletion of the stratospheric ozone which is occurring, or is likely to occur, at a rate that may reasonably be anticipated to endanger the public health or welfare; or (2) report that international agreement has been reached as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Directs the Administrator, in promulgating such regulations to: (1) take into account any unresolved scientific questions and the availability of suitable alternative products; and (2) specifically consider the health implications of chlorofluorocarbon chemical substitutes and implications of ozone depletion for the public health and welfare.

Prevention of Significant Deterioration - Revises provisions for Prevention of Significant Deterioration of Air Quality (PSD). (PSD provisions currently specify allowable short-term and long-term "increments" of emissions of sulfur oxide and particulate matter--regulations for other pollutants are not yet final--in areas with cleaner air than that required by a national ambient air quality standard (NAAQS). Currently the smallest increments are allowed in "class I" areas, which include "statutorily designated" large national parks and wilderness areas, with larger increments in "class II" areas, and the largest increments in "class III" areas.

Eliminates the tracking of the short-term (three-hour and 24-hour for sulfur dioxide and 24-hour for particulate matter) increments in class II areas, by providing that the owner or operator of a major emitting facility must only demonstrate that such facility will not cause such maximum allowable increases to be exceeded during one such period per year.

Exempts class II areas within the State of Alaska from compliance with the three-hour maximum allowable increase for sulfur dioxide.

Eliminates provisions for class III areas (both for incremental limits and area redesignation purposes).

Permits States to designate a PSD area as "unclassified" instead of class I or class II. Provides that unclassified areas (unlike the replaced class III area designation) shall not be subject to PSD increment limits. Permits States to eliminate the PSD increment system anywhere except on national lands which are mandatory class I or mandatory class II areas.

Requires each State, within 18 months after enactment of this Act, to submit an area classification plan to the Administrator. Requires that such plan: (1) list all areas in the State which are federally mandatory class I or class II or which the State has determined warrant class I or class II designation; and (2) identify all unclassified areas within such State to which PSD provisions apply and which are not listed as class I or class II. Provides that unclassified areas shall not be subject to the PSD increment system. Sets forth plan requirements for unclassified areas, including: (1) comprehensive assessment of air quality; (2) long-term (at least 20 years) air quality goals and a procedure for periodic review of such goals; (3) emissions growth projections consistent with attainment of such goals; (4) a requirement that all proposed major emitting facilities which will emit or have the potential to emit 500 tons or more per year of particulate matter or 1,000 tons or more per year of any air pollutant be subject to review and be determined to be consistent with such goals prior to the issuance of a PSD construction permit; and (5) any other requirements the State deems necessary to attain such goals. Subjects area classification plans and revisions to specified requirements for SIP revisions.

Requires that all areas which are class II areas immediately prior to enactment of this Act continue to be subject to class II increment limits until the area classification plan is approved. Requires that: (1) notice be afforded and public hearings conducted in at least three different locations in the State prior to submittal of such plan; (2) prior to such hearings, the proposed plan be available for inspection; and (3) affected local officials and Federal land managers be notified and provided with opportunity to comment.

Eliminates area redesignation provisions requiring preparation of an analysis of the effects of a proposed redesignation and local government concurrence in the redesignation.

Revises PSD preconstruction requirements to shorten the period (from one year to six months) during which a PSD permit application must be granted or denied, in the case of a facility emitting less than 500 tons per year of particulate matter and less than 1,000 tons per year of every other pollutant regulated under the Act. Requires that all PSD permit applicants be notified whether the application is complete, within two months after filing. Requires States to notify the Administrator only of applications and final actions on permits for facilities which will emit or have the potential to emit: (1) 500 tons or more per year of particulate matter and 1,000 tons or more per year of any other air pollutant; or (2) pollutants affecting air quality in any class I area.

Provides that Federal land managers have a responsibility to: (1) identify (as well as protect) air quality related values of Federal class I areas (including visibility); and (2) file a notice, and supporting information, to the permitting authority where emissions from a proposed major facility may have an adverse impact on such values; and (3) monitor and gather other information on air quality to assist in determining baseline concentrations and carrying out other responsibilities.

Eliminates the requirement that an air quality analysis include continuous air quality monitoring data gathered over a specified period. Allows a State to determine whether such monitoring data is necessary or appropriate for making a construction permit decision.

Redefines "construction" for PSD permit purposes, to exclude modifications of existing facilities that will increase or have the potential to increase emissions of any pollutant by less than 100 tons per year.

Requires the PSD permitting authority, before determining the best available control technology (BACT) to be achieved by a proposed major facility which will emit 500 tons or more per year of particulate matter or 1,000 tons or more per year of any other air pollutant regulated under the Act, to: (1) review the emission limitations with respect to such pollutant achieved in practice by or required under the Act for major emitting facilities of the same size, type, and class; and (2) identify the most stringent of such emission limitations and first consider these before determining the BACT to be achieved; and (3) provide information to the public regarding any decision to require a less stringent limitation. Requires that such review consider only emissions limitations: (1) for facilities within the same State (or EPA administrative region, if appropriate) as the proposed facility; (2) described in specified guidance documents; or (3) of which actual notice has been received by the permitting authority.

Redefines "baseline concentration" to specify that this term refers to the ambient concentration levels in all PSD areas where such levels have been or will be affected by a facility which is applying for a permit. Includes data submitted by a Federal land manager among the data to be used in determining baseline concentration. Provides for updating of baseline concentrations following the redesignation of an area as class I.

Fugitive Dust - Allows the Governor, in determining PSD increment consumption by a new source, to exclude concentrations of particulate matter attributable to emissions composed of soil which is uncontaminated by pollutants resulting from industrial activity. Requires that the State have an approved SIP for carrying out the PSD program and that there be notice and opportunity for public hearing before the Governor makes such exclusion. Provides, in any State where the Administrator is the permitting authority, that the Administrator may (and must, if petitioned by the Governor) make such exclusion of uncontaminated soil.

Visibility - Revises provisions for the visibility protection program in mandatory class I areas to specify that such program is intended to prevent significant impairment of visibility in such areas.

International Pollution - Discounts emissions from an immediately adjacent area in a foreign country which does not allow the United States to seek specified emissions reductions, in determining whether nonattainment provisions apply to an area in the United States that is exceeding a national ambient air quality standard (NAAQS). Declares the sense of the Congress that the President shall undertake negotiations with any foreign country from which emissions would cause an area in the United States to be a nonattainment area except for such discount, with the purpose of having such foreign country give the United States essentially the same rights to seek emissions reductions given other countries under the Act.

Technology Requirements for Nonattainment Areas - Deletes provisions for a lowest achievable emission rate (LAER) from nonattainment area requirements. Requires new or modified sources constructed in nonattainment areas to adopt best available control technology (BACT). Requires that, for any major stationary source emitting a pollutant (or pollutant precursor) for which the area is nonattainment, the permitting authority to establish an emission limitation for such pollutant at least as stringent as the most stringent limitation: (1) shown by an adequate operating history to have been achieved in practice by a major stationary source of the same size, type, and class within the same Federal administrative region; or (2) included in a permit issued for such an existing source before the permit application for the proposed source is complete, unless the permitting authority determines that such emission limitation in the issued permit is not achievable for the proposed source. Requires the permitting authority to review emission limitations and identify most stringent limitations only if: (1) the sources are in the same State (or EPA administrative region) as the proposed source; (2) specified guidance documents describe the emission limitation; or (3) the permitting authority has received actual notice of the emission limitation.

Revises permit issuance requirements for nonattainment areas to subject a proposed source to BACT (rather than LAER).

Nonattainment Definitions - Provides, for nonattainment area purposes, that "major stationary source" includes each discrete operation, unit, or other activity which produces or may produce emissions of 100 tons or more per year of a pollutant or pollutant precursor for which the area is a nonattainment area.

Defines "vehicle inspection and maintenance programs" (I/M programs) to require: (1) areas which are nonattainment for carbon monoxide to have a program that is as effective in reducing vehicle emissions as specified programs fully approved by the EPA; and (2) areas which are nonattainment only for photochemical oxidant and in which motor vehicle emissions contribute less than one-third of the total hydrocarbon emissions to have a program that requires annual emissions testing or direct inspection of control equipment and that provides for attainment of the photochemical oxidant standard by the applicable deadline.

Construction in Nonattainment Areas - Provides for an alternative to specified construction bans in nonattainment areas. Allows construction of a new or modified source, under specified circumstances, if offsets equal to twice the emissions from the new or modified source are obtained from existing sources.

Nonattainment Plan Provisions - Extends to December 31, 1985, a State's deadline for attaining any primary ambient air quality standard (primary NAAQS) if the State: (1) certifies that attainment could not be achieved by the December 31, 1982, deadline despite implementation of all measures in an approved or promulgated SIP; and (2) agrees not to relax any emission limitation in an approved SIP. Requires States to submit by December 31, 1984, any SIP revision providing for extensions of attainment deadlines to: (1) December 31, 1985, for sulfur dioxide, nitrogen dioxide, and particulate matter; or (2) December 31, 1987, for photochemical oxidants and carbon monoxide. Permits areas, if the Administrator determines they cannot meet the 1987 deadline despite implementing all reasonably available control technologies, an offset or equivalent program, and a vehicle I/M program, to extend the deadline: (1) for photochemical oxidants or carbon monoxide until December 31, 1992, if the 1980, 1981, or 1982 level for such pollutant were at least twice the primary NAAQS; or (2) for photochemical oxidants until December 31, 1990, if such levels were less than twice the primary NAAQS.

Requires SIPs to provide for operation of a vehicle I/M program in any urbanized area with greater than 200,000 population which is seeking a deadline extension beyond 1982 for: (1) carbon monoxide; or (2) photochemical oxidants, if the 1980, 1981, or 1982 level exceeded the primary NAAQS by 50 percent or more. Requires that operation of such vehicle I/M programs begin as expeditiously as possible, but no later than January 1, 1987, for extensions requested after the enactment of this Act, and that such SIPs include reasonably available measures to assure continous compliance with SIP and permit requirements for major stationary sources.

Prohibits relaxation or delay of any stationary source emission limitation or schedule of compliance in any area which receives a deadline extension under specified provisions of this Act for any primary NAAQS.

Provides that an SIP establish the "growth allowance" (the allowance permitted for a pollutant, or precursor, for which an area is nonattainment from a new or modified major stationary sources) if: (1) there is an approved emissions inventory and allowable emissions from proposed new or modified stationary sources, in combination with all other increases in emissions of such pollutant (not offset by any reductions in emissions at any source) do not exceed one percent, in any calendar year, of the total annual emissions for such pollutant recorded in the inventory; (2) the State conducts a review prior to construction or modification and requires BACT for every new or modified source with potential emissions of 50 tons or more per year of such pollutant (without offsets); and (3) the SIP meets specified requirements, including the demonstration of reasonable further progress.

Permit Requirements for Nonattainment Areas - Provides that any emissions reductions from existing sources required as a precondition for nonattainment area permit issuance may include any emissions reductions: (1) from nonindustrial sources, inanimate natural sources, and mobile sources; or (2) achieved by a State or local government and paid for by the owner or operator of the proposed new or modified source.

Limitations on Certain Federal Assistance - Authorizes the Administrator to determine the extent and categories of withholding grants and project approval under the Act and under the Federal aid to highways program. Prohibits the Secretary of Transportation from approving projects or making grants in nonattainment areas which are not planning or implementing required vehicle I/M programs by the established deadlines. Exempts from such prohibition highway grants for Interstate highway construction, landscaping, and noise attention barriers (as well as for safety, mass transit, and transportation projects related to air quality improvement or maintenance).

Interstate Transport and Acid Precipitation Reduction - Establishes a new program entitled "Interstate Transport and Acid Precursor Reduction."

Establishes a long-range transport corridor, the "acid deposition impact region," consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia.

Directs the Administrator to: (1) conduct a study of air pollution problems associated with the long-range transport of pollutants in the portions of the continental United States not included in the acid deposition impact region; and (2) report the results to Congress within two years.

Directs the Acid Precipitation Task Force established under the Energy Security Act to submit to the appropriate congressional committees two comprehensive reports, one by December 31, 1985, and one by December 31, 1987, on the specified research findings and recommendations for reducing acid deposition and its effects. Authorizes additional appropriations for the Task Force for carrying out specified activities in FY 1985 through 1989. Directs the Task Force to also conduct and support research on advanced flue-gas cleaning and precombustion fuel treatment technologies and inherently low-emission combustion processes (including atmospheric and pressurized fluidized bed combustion).

Establishes an Acid Precipitation Scientific Review Board, to be appointed by the National Academy of Sciences. Directs the Board to review: (1) all available information on the causes, extent, and potential environmental impacts of acid deposition; and (2) all activities being performed by the Task Force. Directs the Board to submit at least two comprehensive reports, one not later than June 30, 1986, and one not later than June 30, 1988, on the results of such reviews, including a review of the Task Force's reports and the Board's own recommendations for acid deposition reduction. Authorizes appropriations for Board activities for FY 1985 through 1988.

Directs the Administrator to report to the appropriate congressional committees on emission limitation and other enforceable measures for all States in the acid deposition impact region which are adopted, approved, or in effect under interstate transport and acid precursor reduction provisions. Directs the Office of Technology Assessment to: (1) analyze the control requirements of such reported enforceable measures in terms of environmental benefits, implementation costs, and potential effects on coal production or markets, on both aggregate regional and a State-by-State basis; and (2) report to the appropriate congressional committees.

Requires such committees to conduct hearings on such acid deposition control matters.

Directs the Administrator to: (1) develop an inventory of sources of nitrogen oxides in the acid deposition impact region and each of its States; and (2) report within four years of enactment of this Act to the appropriate congressional committees on the inventory, control technologies and methods for new and existing nitrogen oxides sources, and recommendations for control requirements.

Directs the Administrator and the Secretary of the Treasury to conduct, and report to the Congress on, a joint study of a fee system on energy generators in the acid deposition region to finance emission reductions.

Authorizes the Administrator, directly or through grants to any State or interstate agency, to develop, refine, demonstrate, and implement methods of: (1) neutralizing or restoring the buffering capacity of acid altered bodies of water that can no longer support game fish species; and (2) removing from bodies of water toxic metals or other toxic substances mobilized by acid deposition. Permits inclusion in such grants of amounts necessary for reports, plans, and specifications. Prohibits such grants from being made for any project: (1) in an amount exceeding 75 percent of costs; or (2) that involves bodies of water that did not contain game fish as established by State law prior to 1970. Authorizes appropriations for such purposes for FY 1985 through 1987.

Requires that annual emissions of sulfur dioxide in the acid deposition be reduced by 8,000,000 tons from the total 1980 level, through a phased reduction to be completed by January 1, 1994.

Requires that post-1980 increases in sulfur dioxide emissions from major stationary sources be added to the amount which a State in the region is required to reduce. Prohibits any major stationary source in the region from increasing its actual rate of sulfur dioxide over its 1980 level. Exempts from such requirement and such prohibition: (1) any State (and sources in such State) which had no 1980 utility boiler with annual average emissions greater than 1.2 pounds per million Btu; and (2) any utility boiler which converts to coal and emits no more than 1.5 pounds per million Btu.

Prohibits any new major stationary source of sulfur dioxide from commencing operation in the region after January 1, 1994, unless there is an "offset" (a simultaneous net reduction in emissions of sulfur dioxide at one or more points in such region, which is: (1) identified for the new source; (2) in excess of the potential emissions from the new source; and (3) not otherwise required under specified provisions of the Act). Exempts from such prohibition any such source which: (1) adopts BACT; and (2) attains the most stringent emission limitation achieved by any source of the same size, type, and class within the region.

Prohibits any major stationary source of nitrogen oxides in the region which began operation before January 1, 1981, from increasing its actual rate of such emissions over 1980 levels or levels experienced during a thirty-day period immediately prior to enactment of this Act, unless there is an offset. Exempts from such prohibition utility boilers which convert to coal as a primary fuel.

Sets forth State sulfur dioxide reduction requirements. Sets forth a formula for determining the share of the regional required reduction for each State in the region, based on actual 1980 utility emissions in each such State in excess of 1.2 pounds of sulfur dioxide per million Btu of heat input averaged over 1980.

Provides for reallotment agreements between the Governors of two or more States in the region.

Requires each State in the region, within 24 months after enactment of this Act, to: (1) adopt measures to achieve such sulfur dioxide emissions reduction, including emissions limitations and compliance schedules; and (2) submit such measures to the Administrator for review and approval and to the other Governors for comment.

Requires each major stationary source subject to such an emission limitation under such State requirements to notify, within 36 months after enactment of this Act, the Governor of the State in which it is located of its intended method of compliance. Requires each such major stationary source, within 60 months after such enactment, to either: (1) be in compliance with such emission limitation, if it states it will comply through the use of fuel substitution; or (2) enter into binding contractual commitments to acquire, install, or construct a technological system of continuous emission reduction or the replacement of existing facilities with new facilities with substantially lower emissions, or any other means except fuel switching, if it states it will comply with the emission limitation through such system, facilities, or other means.

Subjects any major stationary source in the region which is not by December 31, 1985, in full compliance with the applicable SIP for sulfur dioxide in effect on January 1, 1981, to: (1) a 30-day average emission limitation of 1.2 pounds of sulfur dioxide per million Btu for all sources owned by its owner; and (2) specified noncompliance penalties.

Provides that, in States which have not adopted such measures within 24 months after enactment of this Act or which have not had such measures approved by the Administrator within six months after submission, each fossil-fuel-burning electric generating facility shall comply with an emission limitation for all such facilities owned or operated by the same entity in the region equivalent to a 30-day average of 1.2 pounds of sulfur dioxide per million Btu. Requires owners or operators of such facilities to submit to the Administrator a plan and schedule for compliance not later than four years after enactment of this Act or six months after such owner or operator becomes subject to such emission limitation. Directs the Administrator to approve any such plan and schedule if it contains requirements for continuous emission reduction and for monitoring, and if it: (1) will achieve the required emission reduction within 24 months after such plan is submitted, in the case of a source that proposes to comply through fuel substitution; or (2) in the case of a source that proposes to comply through any other means, contains requirements that such source will enter into binding contractual commitments for such purpose within 24 months after such plan is submitted.

Allows a State or source owner or operator to use specified methods or programs for net emission reduction required under the acid deposition region provisions in addition to enforceable continuous emission reduction measures, if such methods or programs are enforceable by the Federal Government, States other than those in which the emissions occur, and citizens. Lists such methods and programs as: (1) least emissions dispatch to meet electric generating demand at existing generating capacity; (2) early retirement of sources; (3) energy conservation investments; (4) trading emission reduction requirements and actual reductions on a State or regional basis; and (5) precombustion cleaning of fuels.

Interstate Pollution - Requires SIPs to prohibit any stationary source from emitting any air pollutant in amounts which will: (1) interfere with attainment or maintenance by any other State of any primary or secondary NAAQS; or (2) contribute to atmospheric loadings of pollutants or their transformation products which may reasonably be anticipated to cause or contribute to an adverse effect on public health or welfare or the environment in any other State or foreign country.

Revises provisions relating to stack heights to redefine "good engineering practice" to mean the height necessary to insure that stack emissions do not result in excessive air pollutant concentrations in the "impact area" of the source. Authorizes the Administrator to prohibit increases in, or restrict, the stack height of any source. Directs the Administrator, within one year of enactment of this Act, to complete a review of emission limits for all existing major sources which have come into existence since 1970, or raised stack heights since 1970, to determine if such limits are inappropriately based upon modeling credit for stack heights above good engineering practice. Directs the Administrator to require States to correct inappropriately based emission limits within six months. Makes it the burden of the operator of each such source to demonstrate the correct stack height credit to be used.

Makes emission of an air pollutant which, by itself or in combination, reaction, or transformation, adversely affects the public health or welfare of another State a violation of interstate pollution abatement provisions. Requires major existing sources to install reasonably available control technology (RACT) within two years of a finding of such violation.

Requires SIPs to require each major proposed new (or modified) source which may significantly contribute to levels of air pollution in any air quality control region outside the State to notify all nearby States.

Allows State or local governments to petition the Administrator for a finding that any major source or group of sources is in violation of specified SIP or interstate pollution abatement provisions.

Provides that all language referring to welfare under the Act also includes, but is not limited to: (1) effects on precipitation; and (2) specified effects whether caused by transformation, conversion, or combination with other air pollutants.

Makes violations of the interstate pollution provisions subject to citizen suit provisions under the Act.

Title II: Amendments Relating Primarily to Mobile Sources - Amends part A (Motor Vehicle Emission and Fuel Standards) of title II (Emission Standards for Moving Sources) of the Act.

Heavy Duty Vehicle Emissions - Makes emission standards which require a reduction of at least 90 percent in the case of hydrocarbons and carbon monoxide applicable to emissions from vehicles or engines manufactured during and after model year 1984, rather than 1983.

Sets a four-model-year period lead time between promulgation (or revision) and effective date of heavy duty vehicle standards for particulate matter. Provides that standards for particulate matter and for nitrogen oxides shall remain in effect for at least four model years. Authorizes the Administrator to make appropriate arrangements with the National Academy of Sciences to review the technological feasibility of any proposed standard for particulate matter.

Directs the Administrator, in setting any heavy duty vehicle emission standard, to take into account the effect of attaining that standard on the attainment of other such existing or proposed emission standards for each other pollutant.

Authorizes the Administrator to prescribe heavy duty vehicle or engine standards for emissions of nitrogen oxides and particulate matter for diesel-powered vehicles and engines which take effect in the same model year.

Directs the Administrator to consider studies available from the Health Effects Institute, in conducting a continuing pollutant study concerning the effects of each air pollutant emitted from heavy-duty vehicles or engines and from other sources of mobile source related pollutants on the public health and welfare.

Redefines the useful life of heavy-duty vehicles and engines, for purposes of specified warranty provisions, as the greater of: (1) one-half of the average time or use between first use and engine retirement or rebuild or any other measure of actual life determined by the Administrator; or (2) the duration or mileage of the published commercial warranty. Redefines such useful life of heavy-duty vehicles and engines, for all other purposes, as the same period of use set forth for light-duty vehicles and engines (five years or 50,000 miles), unless the Administrator determines that a period of use of greater duration or mileage is appropriate.

Light Duty Vehicle Emissions - Sets a nitrogen oxides emissions limitation of 1.5 grams per vehicle mile for diesel-powered duty vehicles and engines manufactured during model years 1983 and 1984.

Sets a particulate matter emissions limitation of 0.2 grams per vehicle mile for light duty vehicles and engines manufactured during model year 1987 and thereafter.

Light Duty Truck Emissions - Sets low altitude emissions limitations for light duty trucks. Sets such limits at the following grams per vehicle mile for: (1) hydrocarbons, 0.8 in model year 1984 and thereafter; (2) carbon monoxide, ten in 1984 and thereafter; (3) nitrogen oxides, 2.3 in 1983 through 1985, 1.2 (for 6,000 pounds or less vehicle weights) in 1986 and thereafter, and 1.7 (for over 6,000 pounds vehicles) in 1986 and thereafter; and (4) particulate matter, 0.26 in 1987 and thereafter.

High Altitude Motor Vehicle Emissions - Eliminates the requirement that all model year 1984 and later light duty vehicles comply with national emission standards regardless of the altitude at which they are sold.

Directs the Administrator to establish separate low altitude and high altitude emission standards for model year 1986 and later light duty vehicles and light duty trucks.

Requires that the high altitude standards be equal in numerical value to the low altitude standards for emissions of: (1) nitrogen oxides from all such model year 1986 and later vehicles; and (2) carbon monoxide from model year 1986 and later light duty vehicles and model year 1987 and later light duty trucks.

Provides that high altitude emission standards for every other pollutant must require a percentage reduction at least equal to the percentage reduction which the corresponding low altitude standards require at low altitude.

Prohibits such high altitude standards from being numerically more stringent than corresponding low altitude standards.

Authorizes the Administrator to issue certificates of conformity for model year 1986 and later for light duty vehicles and light duty trucks if they comply under: (1) low altitude conditions with low altitude standards, and are capable by design, or by approved adjustments or modifications, of complying under high altitude conditions with high altitude standards; (2) low altitude conditions with low altitude standards, and are subject to a specified exemption; or (3) high altitude conditions with high altitude standards, and the manufacturer demonstrates that virtually all such vehicles are intended for principal use at elevations of at least 4,000 feet above sea level.

Directs the Administrator to determine the durability under high altitude conditions of the emission control performance of vehicles using data from tests conducted under low altitude conditions on the same or similar vehicles, unless the Administrator determines that it is necessary or appropriate to conduct separate tests under high altitude conditions.

Sets forth requirements for adjustments and modifications to ensure adequate performance under high altitude conditions, and for readjustments or remodifications for such performance under low altitude conditions.

Exempts, upon a manufacturer's application, motor vehicles for one model year from high altitude requirements if: (1) the Administrator has approved high altitude performance instructions for such vehicles; and (2) the number of such vehicles intended for principal use in designated high altitude areas represents not more than 15 percent of the manufacturer's anticipated combined sales in that model year of light duty vehicles and light duty trucks intended for principal use in designated high altitude areas. Requires exempted manufacturers to make all reasonable efforts to ensure that an individual vehicle has been adjusted or modified before sale or delivery to the ultimate purchaser in accordance with such approved instructions. Requires exempted manufacturers to inform the Administrator of actual combined sales, and provides for appropriate reductions of future exemptions.

Requires dealers to certify to purchasers that required adjustments or modifications have been performed on model year 1984 or later light duty vehicles or light duty trucks intended for principal use in a designated high altitude area.

Permits manufacturer's instructions for high altitude performance adjustments or modifications (and readjustments and remodifications) to include changes in gear ratios. Requires manufacturers to make such instructions and descriptions available to their authorized dealers, and upon request to service and repair establishments, in high altitude areas.

Directs the Administrator, upon the request of a national association of motor vehicle dealers, to compile data on the availability and distribution of light duty vehicles and light duty trucks to dealers in designated high altitude areas. Requires a report on such data to be submitted to the Congress and published in the Federal Register within six months of such request. Provides for a six-month extension of this deadline if there is also a request for data on high altitude emission standards compliance costs and effects on sales.

Sulfur Emissions - Directs the Administrator to prohibit the sale of diesel motor fuel with a sulfur content of more than 0.5 percent by weight or such lesser limit as is necessary to protect the public health or welfare. Requires that regulations for such prohibition: (1) be promulgated at such time as diesel-powered vehicles constitute ten percent of the total annual sales of light duty vehicles and light duty trucks; and (2) take effect within 48 months after January 1 of the first calendar year in which such a sales level is reached.

Anti-tampering - Revises prohibited acts provisions to make the prohibition against knowingly removing or rendering inoperative any component of a vehicle emission control system after its sale to an ultimate purchaser applicable to any person. Prohibits the manufacture or sale of devices that render such a component inoperative. Revises penalty provisions to authorize the Administrator to assess civil penalties, taking specified factors into account, against any person who performs a prohibited tampering with any component of a vehicle emission control system. Provides for judicial review of such penalties. Provides for collection of such penalties.

Imported Vehicles - Revises the prohibition against importation of new motor vehicles or new motor vehicle engines without a certificate of conformity with applicable emissions standards. Limits the exemption from such prohibition, an exemption under which an importer may furnish a bond to insure that such vehicle or engine will be brought into such conformity, to those vehicles or engines which are of a class for which application for a certificate is pending. Exempts new vehicles or engines which are five model years old or older.

Provides that an importer of vehicles who is not otherwise a manufacturer shall not be considered a small manufacturer for purposes of the small volume certification procedure.

Vehicle Imports into Territories - Exempts from imported vehicle certification requirements of the Act vehicles imported for commercial or public transportation use, which would otherwise be unavailable, into and solely for use within a Territory of the United States which is not a nonattainment area and which imports fewer than 500 vehicles per year.

Regulation of Fuels and Misfueling - Prohibits, under provisions for regulation of fuels, any person from introducing, or causing or allowing the introduction, of a regulated fuel or fuel additive into a motor vehicle not designed for such fuel or fuel additive. Authorizes the Administrator to assess civil penalties, taking specified factors into account, for violations of such prohibition against misfueling or of other specified provisions relating to regulation of fuels.

Lead in Gasoline - Prohibits the Administrator from allowing the average lead content per gallon of leaded gasoline to exceed, in future quarters, the average achieved during the quarter ending June 30, 1982. Prohibits any amendment of specified EPA regulations in effect on July 1, 1982, which would allow any increase in the average lead content per gallon of gasoline.

Definitions - Defines "heavy duty vehicle" and "heavy duty vehicle and engine" as a motor vehicle, including engine, with: (1) more than 8,500 pounds gross vehicle weight; (2) more than 6,000 pounds vehicle curb weight; or (3) more than 45 square feet basic vehicle frontal area. Defines "light duty truck" and "light duty truck and engine" as a vehicle, including engine, with gross vehicle and curb weight below the heavy duty vehicle level and which: (1) is designed primarily for transportation of property or is a derivation of such vehicle; (2) is designed primarily for transportation of persons has a capacity of more than 12 persons; or (3) has special features enabling off-street or off-highway operation and use. Authorizes the Administrator, notwithstanding such definitions, to define as a heavy duty vehicle instead of a light duty truck any vehicle with a gross weight of more than 6,000 pounds but less than 8,500 pounds, and which is designed primarily for commercial (including agricultural) use and not for uses performed by light duty trucks. Sets forth provisions for high altitude emission standards for such redefined vehicles. Defines "light duty vehicle" and "light duty vehicle and engine" as a motor vehicle, including engine, designed primarily for transportation of persons which has a capacity of 12 persons or less.

Defines "designated high altitude areas" as all counties identified in high altitude emission standards regulations in effect on December 31, 1981, which are in a State in which one or more such counties was, in whole or in part, during calendar year 1981 a nonattainment area for carbon monoxide photochemical oxidants. Defines "high altitude conditions" as an elevation of approximately 5,300 feet above sea level, or a barometric pressure corresponding to such elevation. Defines "low altitude conditions" by the definition given in regulations in effect on December 31, 1981, unless the Administrator by regulation promulgates another definition.

Title III: Other Amendments and Provisions - Judicial Review - Revises provisions governing judicial review of EPA final actions under the Act. Allows petitions for review of locally or regionally applicable actions to be filed only in the U.S. Court of Appeals for an appropriate circuit. Allows petitions of review of nationally applicable actions to be filed in the U.S. Court of Appeals for the District of Columbia or in any U.S. Court of Appeals for a circuit in which the petitioner resides or transacts business.

Establishes a random selection procedure, to be administered by the Administrative Office of the United States Courts, to determine the court of appeals in which an EPA action is to be reviewed when petitions for review have been filed in two or more courts of appeals. Directs the Administrator, following such determination, to promptly file the record in such court. Directs other courts to promptly transfer such petitions to such court. Provides that any court in which a petition has been filed, including any court selected by the random procedure, may transfer such petition to any other court of appeals for the convenience of the parties or otherwise in the interest of justice.

Changes the period within which a petition for review of an EPA promulgation, approval, or action must be filed from 60 to 120 days after notice is published in the Federal Register, but requires petitions based solely on grounds arising after such 120-day period to be filed within 60 days after such grounds arise.

Award of Fees - Limits the award of litigation costs, in proceedings for judicial review of EPA actions and citizen suits under the Act, to prevailing or substantially prevailing parties.

Appropriations - Authorizes appropriations for FY 1985 through 1989 to carry out the Act, other than specified provisions for research and special studies under the interstate transport and acid precursor reduction program and other research, development, and demonstration activities.

Wood Smoke Study - Directs the Administrator to: (1) study the effects of wood combustion on ambient air quality; (2) research and monitor the direct or indirect effects of emissions associated with wood combustion on public health or welfare; (3) research and develop a uniform method to measure emissions from wood combustion devices, including testing and recommending designs for such devices; (4) report by December 31, 1985, to Congress on such study and research and on any regulatory action taken or proposed and any recommendations for legislation made; and (5) consider any appropriate use of specified provisions under the Act to control emissions associated with wood combustion. Allows such studies and research to be undertaken with cooperation and assistance from universities, private industries, and local and State governments. Directs Federal agencies to assist the Administrator in carrying out such studies and research. Limits the term "wood combustion," for purposes of such requirements, to the burning of wood, wood by-products, or wood wastes to produce heat for residential, commercial, or institutional applications with a heat input of less than 5,000,000 Btu per hour.

Indoor Air Pollution Study - Directs the Administrator to carry out a research program on indoor air quality designed to gather information on associated health problems and to coordinate Federal, State, local, and private research, development, and demonstration relating to indoor air quality improvement. Authorizes the Administrator to establish: (1) committees representing concerned Federal agencies; and (2) advisory groups representing science, industry, and public interest organizations. Directs the Administrator to consult and coordinate with State and local officials and other interested parties. Sets forth activities which the research program must include but not be limited to. Directs the Administrator to submit to Congress: (1) an implementation plan for such research program within one year after enactment of this Act; (2) a progress report within 36 months of such enactment; and (3) a final report within 54 months of such enactment. Requires the progress report and final report to be submitted to the National Academy of Science (NAS) before submittal to Congress, and to include any NAS comments.

Declares that nothing in such indoor air quality research program provisions shall be construed to: (1) authorize the Administrator to carry out any regulatory program or activity; or (2) limit the authority of the Administrator or any other Federal agency or instrumentality under any other authority of law.

Authorizes appropriations for FY 1985 and 1986 to carry out the indoor air quality research program.

Cold Weather Carbon Monoxide Emissions Study - Directs the Administrator to: (1) study the feasibility and benefits of requiring motor vehicle design modifications or engine adjustments, or both, to reduce emissions of carbon monoxide under cold weather conditions, while maintaining or improving vehicle performance and fuel economy; and (2) report to Congress the study's findings and recommendations within two years after enactment of this Act.

Report on Octane and Engine Performance - Directs the Administrator, within 180 days after enactment of this Act, to transmit to Congress a report on the relationship between gasoline octane levels and the performance of motor vehciles and motor vehicle engines. Requires that such study include: (1) recommendations for methods to assure adequate engine performance with the use of lower octane levels in unleaded gasoline; and/or (2) recommendations to increase the octane levels in unleaded gasoline.