A bill to amend the Clean Air Act to provide for the control of hazardous air pollutants from stationary and mobile sources.
Hazardous Air Pollutants Amendments Act of 1985 - Title I - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to classify 36 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 26 substances, including methyl isocyanate and each of the 22 substances listed in specified testimony of the Administrator before the 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 to substitute for a category two substance another substance if the Administrator determines that there is a higher priority for determining whether the substitute is a hazardous air pollutant.
Directs the Administrator to commence hazardous air pollutant determination proceedings concerning first category substances within 90 days and second category substances within one year after enactment of this Act. Provides for public and scientific community participation.
Directs the Administrator to make a hazardous air pollutant determination for first category substances by January 1, 1986, and for second category substances by January 1, 1987, and to publish a list of such pollutants and all categories of stationary sources which emit such pollutants.
Directs the Administrator to promulgate national emission standards for category one stationary sources by January 1, 1988. Requires promulgation of category two stationary sources emission standards by January 1, 1989.
States that actions required of the Administrator under this Act are nondiscretionary and enforceable by any person bringing a civil action.
Treats a listed substance as a hazardous air pollutant until the Administrator makes a determination if the required determination has not been made 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 a listed hazardous air pollutant until the Administrator completes further proceedings if the court reviewing a determination of no hazard remands such determination to the Administrator for further proceedings.
Directs the Administrator, by 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; (2) is an air pollutant; and (3) is not determined among the 36 substances classified in two categories. Requires that such proceedings be completed within one year. Requires annual hazardous air pollutant determination proceedings for each air pollutant which has been classified during the preceding year by the national toxicology program as a carcinogen.
Directs the Administrator to publish and periodically revise a list of air pollutants determined to be hazardous, the categories of stationary sources emitting such pollutants, and national emission standards for each category. Permits the most stringent interim emission standards achievable for up to six years where the application of all potential emission reduction measures would not meet the national emissions standard. Requires as a minimum for such standards that level of control which is empirically available or required in a permit. Directs the Administrator to review all emissions standards in effect on December 1, 1984, within four years of this Act's enactment.
Authorizes the Administrator to waive through a permit the prohibition against constructing or modifying a stationary source of a listed hazardous pollutant and subject such source to an interim standard.
Requires existing stationary sources emitting hazardous air pollutants to obtain from the Administrator a permit requiring compliance with the applicable national standard or an interim standard if achievement of the national standard is not possible using all potential emission reduction measures. Applies the same conditions to interim standards for existing stationary sources as apply to new or modified sources.
Sets forth emergency extension of waivers procedures, requiring the source owner or operator to petition the State's Governor who in turn may petition the President after public notice for such extension. Requires notice to the Governor and residents of any other State affected by such waiver. Requires the President to notify the Congress of all extensions granted.
Sets forth general permit requirements for sources emitting hazardous air pollutants with respect to: (1) monitoring; (2) hearings; (3) revocation; (4) terms; and (5) fees.
Title II: Hazardous Air Pollutants from Motor Vehicles - Establishes a program for controlling motor vehicle hazardous air pollutants.
Directs the Administrator to publish and periodically revise a list of such pollutants, including lead, ethylene dibromide, diesel particulates, benzene, and any pollutants already listed under this Act if the Administrator determines they are emitted from motor vehicles or their parts.
States that actions required of the Administrator under this title are nondiscretionary and enforceable by any person bringing a civil action within approximately 18 months.
Directs the Administrator to prescribe emissions standards for all identified motor vehicle hazardous air pollutants except lead. Permits the promulgation of interim standards, subject to the same conditions applicable to interim standards for stationary sources.
Makes emission standards effective with the second model year after the model year during which the standard is prescribed.
Establishes minimum emissions standards for diesel particulates broken down by vehicle weight.
Directs the Administrator to control or prohibit the manufacture and sale of fuel or fuel additives determined to be hazardous air pollutants.
Directs the Administrator to prohibit the use of lead or lead additives in gasoline after December 31, 1986.
Referred to Subcommittee on Health and the Environment.
Introduced in House
Introduced in House
Referred to House Committee on Energy and Commerce.
Referred to Subcommittee on Health and the Environment.
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