MISCELLANEOUS GUIDANCE.

SEC. 108. MISCELLANEOUS GUIDANCE. (a) Transportation Planning Guidance.— Section 108(e) of the Clean Air Act is amended by deleting the first sentence and inserting in lieu thereof the following: “The Administrator shall, after consultation with the Secretary of Transportation, and after providing public notice and opportunity for comment, and with State and local officials, within nine months after enactment of the Clean Air Act Amendments of 1989 and periodically thereafter as necessary to maintain a continuous transportation-air quality planning process, update the June 1978 Transportation-Air Quality Planning Guidelines and publish guidance on the development and implementation of transportation and other measures necessary to demonstrate and maintain attainment of national ambient air quality standards.”. (b) Transportation Control Measures.— Section 108(f)(1) of the Clean Air Act is amended by deleting all after “(f)” through the end of subparagraph (A) and inserting in lieu thereof the following: “(1) The Administrator shall publish and make available to appropriate Federal, State, and local environmental and transportation agencies not later than one year after enactment of the Clean Air Act Amendments of 1990, and from time to time thereafter— “(A) information prepared, as appropriate, in consultation with the Secretary of Transportation, and after providing public notice and opportunity for comment, regarding the formulation and emission reduction potential of transportation control measures related to criteria pollutants and their precursors, including, but not limited to— “(i) programs for improved public transit; “(ii) restriction of certain roads or lanes to, or construction of such roads or lanes for use by, passenger buses or high occupancy vehicles; “(iii) employer-based transportation management plans, including incentives; “(iv) trip-reduction ordinances; “(v) traffic flow improvement programs that achieve emission reductions; 104 STAT. 2466 “(vi) fringe and transportation corridor parking facilities serving multiple occupancy vehicle programs or transit service; “(vii) programs to limit or restrict vehicle use in down-town areas or other areas of emission concentration particularly during periods of peak use; “(viii) programs for the provision of all forms of high-occupancy, shared-ride services; “(ix) programs to limit portions of road surfaces or certain sections of the metropolitan area to the use of non-motorized vehicles or pedestrian use, both as to time and place; “(x) programs for secure bicycle storage facilities and other facilities, including bicycle lanes, for the convenience and protection of bicyclists, in both public and private areas; “(xi) programs to control extended idling of vehicles; “(xii) programs to reduce motor vehicle emissions, consistent with title II, which are caused by extreme cold start conditions; “(xiii) employer-sponsored programs to permit flexible work schedules; “(xiv) programs and ordinances to facilitate non-automobile travel, provision and utilization of mass transit, and to generally reduce the need for single-occupant vehicle travel, as part of transportation planning and development efforts of a locality, including programs and ordinances applicable to new shopping centers, special events, and other centers of vehicle activity; “(xv) programs for new construction and major re-constructions of paths, tracks or areas solely for the use by pedestrian or other non-motorized means of transportation when economically feasible and in the public interest. For purposes of this clause, the Administrator shall also consult with the Secretary of the Interior; and “(xvi) program to encourage the voluntary removal from use and the marketplace of pre-1980 model year light duty vehicles and pre-1980 model light duty trucks.”. (c) RACT/BACT/LAER Clearinghouse.— Section 108 of the Clean Air Act (42 U.S.C. 7408) is amended by adding the following at the end thereof: “(h) RACT/BACT/LAER Clearinghouse.— The Administrator shall make information regarding emission control technology available to the States and to the general public through a central database. Such information shall include all control technology information received pursuant to State plan provisions requiring permits for sources, including operating permits for existing sources.”. (d) State Reports on Emissions-Related Data.— Section 110 of the Clean Air Act (42 U.S.C. 7410) is amended by adding the following new subsection after subsection (o): “(p) Reports.— Any State shall submit, according to such schedule as the Administrator may prescribe, such reports as the Administrator may require relating to emission reductions, vehicle miles traveled, congestion levels, and any other information the Administrator may deem necessary to assess the development effectiveness, 104 STAT. 2467need for revision, or implementation of any plan or plan revision required under this Act.”. (e) New Source Standards of Performance.— (1) Section 111(b)(1)(B) of the Clean Air Act (42 U.S.C. 7411(b)(1)(B)) is amended as follows: (A) Strike “120 days” and insert “one year”. (B) Strike “90 days” and insert “one year”. (C) Strike “four years” and insert “8 years”. (D) Immediately before the sentence beginning “Standards of performance or revisions thereofȁ insert “Notwithstanding the requirements of the previous sentence, the Administrator need not review any such standard if the Administrator determines that such review is not appropriate in light of readily available information on the efficacy of such standard.”. (E) Add the following at the end: “When implementation and enforcement of any requirement of this Act indicate that emission limitations and percent reductions beyond those required by the standards promulgated under this section are achieved in practice, the Administrator shall, when revising standards promulgated under this section, consider the emission limitations and percent reductions achieved in practice.”. (2) Section 111(f)(1) of the Clean Air Act (42 U.S.C. 7411(f)(1) is amended to read as follows: “(1) For those categories of major stationary sources that the Administrator listed under subsection (b)(1)(A) before the date of the enactment of the Clean Air Act Amendments of 1990 and for which regulations had not been proposed by the Administrator by such date, the Administrator shall— “(A) propose regulations establishing standards of performance for at least 25 percent of such categories of sources within 2 years after the date of the enactment of the Clean Air Act Amendments of 1990; “(B) propose regulations establishing standards of performance for at least 50 percent of such categories of sources within 4 years after the date of the enactment of the Clean Air Act Amendments of 1990; and “(C) propose regulations for the remaining categories of sources within 6 years after the date of the enactment of the Clean Air Act Amendments of 1990.”. (f) Savings Clause.— Section 111(a)(3) of the Clean Air Act (42 U.S.C. 7411(f)(1)) is amended by adding at the end: “Nothing in title II of this Act relating to nonroad engines shall be construed to apply to stationary internal combustion engines.”. (g) Regulation of Existing Sources.— Section 111(d)(1)(A)(i) of the Clean Air Act (42 U.S.C. 7411(d)(1)(A)(i)) is amended by striking “or 112(b)(1)(A)” and inserting “or emitted from a source category which is regulated under section 112”. (h) Consultation.— The penultimate sentence of section 121 of the Clean Air Act (42 U.S.C. 7421) is amended to read as follows: “The Administrator shall update as necessary the original regulations required and promulgated under this section (as in effect immediately before the date of the enactment of the Clean Air Act Amendments of 1990) to ensure adequate consultation.”. (i) Delegation.— The second sentence of section 301(a)(1) of the Clean Air Act (42 U.S.C. 7601(a)(1)) is amended by inserting “subject to section 307(d)” immediately following “regulations”. 104 STAT. 2468 (j) Definitions.— Section 302 of the Clean Air Act (42 U.S.C. 7602) is amended as follows: (1) Insert the following new subsections after subsection (r): “(s) voc.— The term ‘VOC’ means volatile organic compound, as defined by the Administrator. “(t) PM–10.— The term ‘PM–10’ means particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers, as measured by such method as the Administrator may determine. “(u) NAAQS and CTG.— The term ‘NAAQS’ means national ambient air quality standard. The term ‘CTG’ means a Control Technique Guideline published by the Administrator under section 108. “(v) NOx.— The term ‘NOx’ means oxides of nitrogen. “(w) co.— The term ‘CO’ means carbon monoxide. “(x) Small Source.— The term ‘small source’ means a source that emits less than 100 tons of regulated pollutants per year, or any class of persons that the Administrator determines, through regulation, generally lack technical ability or knowledge regarding control of air pollution. “(y) Federal Implementation Plan.— The term ‘Federal implementation plan’ means a plan (or portion thereof) promulgated by the Administrator to fill all or a portion of a gap or otherwise correct all or a portion of an inadequacy in a State implementation plan, and which includes enforceable emission limitations or other control measures, means or techniques (including economic incentives, such as marketable permits or auctions of emissions allowances), and provides for attainment of the relevant national ambient air quality standard.”. (2) Section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the following at the end: “Such term includes any precursors to the formation of any air pollutant, to the extent the Administrator has identified such precursor or precursors for the particular purpose for which the term ‘air pollutant’ is used.”. (k) Pollution Prevention.— Section 101 of the Clean Air Act (42 U.S.C. 7401) is amended as follows: (1) Amend subsection (a)(3) to read as follows: “(3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and”. (2) Amend subsection (b)(4) by inserting “prevention and” immediately after “pollution”. (3) Add a new subsection (c) to read as follows: “(c) Pollution Prevention.— A primary goal of this Act is to encourage or otherwise promote reasonable Federal, State, and local governmental actions, consistent with the provisions of this Act, for pollution prevention.”. (l) Part D of title I of the Clean Air Act is amended by adding a new subpart after subpart 5 as follows: “Subpart 6— Savings Provisions “Sec. 193. General savings clause. 104 STAT. 2469 “SEC. 193. GENERAL SAVINGS CLAUSE. “Each regulation, standard, rule, notice, order and guidance promulgated or issued by the Administrator under this Act, as in effect before the date of the enactment of the Clean Air Act Amendments of 1990 shall remain in effect according to its terms, except to the extent otherwise provided under this Act, inconsistent with any provision of this Act, or revised by the Administrator. No control requirement in effect, or required to be adopted by an order, settlement agreement, or plan in effect before the date of the enactment of the Clean Air Act Amendments of 1990 in any area which is a nonattainment area for any air pollutant may be modified after such enactment in any manner unless the modification insures equivalent or greater emission reductions of such air pollutant.”. (m) Boundary Changes.— Section 162(a) of the Clean Air Act (42 U.S.C. 7472(a)) is amended by adding at the end thereof the following: “The extent of the areas designated as Class I under this section shall conform to any changes in the boundaries of such areas which have occurred subsequent to the date of the enactment of the Clean Air Act Amendments of 1977, or which may occur subsequent to the date of the enactment of the Clean Air Act Amendments of 1990.”. (n) Boundaries.— Section 164(a) of the Clean Air Act (42 U.S.C. 7474(a)) is amended by inserting immediately before the sentence beginning “Any area (other than an area referred to in paragraph (1) or (2))” the following: “The extent of the areas referred to in paragraph (1) and (2) shall conform to any changes in the boundaries of such areas which have occurred subsequent to the date of the enactment of the Clean Air Act Amendments of 1977, or which may occur subsequent to the date of the enactment of the Clean Air Act Amendments of 1990.”. (o) Assessments.— Section 108 of the Clean Air Act (42 U.S.C. 7408) is amended by adding at the end thereof a new subsection (g) to read as follows: “(g) Assessment of Risks to Ecosystems.— The Administrator may assess the risks to ecosystems from exposure to criteria air pollutants (as identified by the Administrator m the Administrator’s sole discretion).”. (p) Public Participation.— Section 307 of the Clean Air Act (42 U.S.C. 7607) is amended by adding the following after subsection (g): “(h) Public Participation.— It is the intent of Congress that, consistent with the policy of the Administrative Procedures Act, the Administrator in promulgating any regulation under this Act, including a regulation subject to a deadline, shall ensure a reasonable period for public participation of at least 30 days, except as otherwise expressly provided in section 107(d), 172(a), 181(a) and (b), and 186(a) and (b).”. (q) Ethics, Financial Disclosure, and Conflicts of Interest.— Section 318 of the Clean Air Act (42 U.S.C. 7618) is repealed.”.