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101 records in 1982
United States · United States Congress · 9 June 1982
Amends the Clean Water Act to declare that "discharge of a pollutant or pollutants" does not include effects upon water quality resulting solely from the impoundment of waters or the release of impounded waters or the methods of such release.
European Union · European Commission · 7 June 1982
Germany · German Bundestag · 4 June 1982
United States · United States Congress · 27 May 1982
Amends the Marine Protection, Research, and Sanctuaries Act to authorize appropriations for regulation of ocean dumping for FY 1983.
United States · United States Congress · 27 May 1982
Acid Deposition Control Act - Amends title I of the Clean Air Act (Air Pollution Prevention and Control) to establish a new program (Interstate Transport and Acid Precursor Reduction) to: (1) regulate the long-range transport of pollutants and their transformation products; and (2) reduce acid compounds, and their precursors, in the atmosphere. Establishes a long-range transport corridor, the "acid deposition impact region," consisting of 22 States (east of or bordering the Mississippi River) and the District of Columbia. Establishes a "secondary acid deposition impact region" consisting of the nine other States east of or bordering the Mississippi River. Authorizes the Administrator of the Environmental Protection Agency to include such group of States in the acid deposition impact region upon determination, based on study results, that such inclusion will better serve the purposes of this Act. 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. Prohibits annual emissions of sulfur dioxide and of oxides of nitrogen from stationary sources in the acid deposition impact region from exceeding the total actual emissions in such region for calendar year 1980. Prohibits any major stationary source in the region from significantly increasing such emissions, unless a not otherwise required net reduction of such regional pollution, in excess of the proposed increase, has been identified. Requires a ten-year phased reduction in annual emissions of sulfur dioxide in the region of 7,500,000 tons from the total 1980 level (or 10,000,000 tons if the States in the secondary region are included). Requires each State to achieve reductions in annual sulfur dioxide emissions according to a formula based on each State's share of utility emissions in the region. Permits State Governors to agree to reallot the required reductions. Requires each State in the region to adopt, within two years, enforcement measures to achieve such reduction. Directs the Administrator to approve such measures within four months if specified criteria are met. Sets forth a uniform sulfur dioxide emission limit for fossil-fuel-burning electric generating facilities (which are major stationary sources not subject to new performance standards) in any State that has not adopted, or has not had approved, such enforcement measures by such deadlines. Requires that owners or operators of such sources: (1) submit an approvable reduction plan and schedule within three years of enactment of this Act; (2) comply with such plan and schedule; and (3) achieve the required emission reduction at the earliest practicable date, but no later than ten years after enactment of this Act. Specifies methods or programs for enforceable net emission reduction that may be used by a State or the owner or operator of a source. Permits a State or owner or operator to substitute reduction in emissions of oxides of nitrogen for required sulfur dioxide emissions reductions, at a specified rate. Directs the Administrator to make grants from an Acid Deposition Reduction Trust Fund to states in the acid deposition impact region to assist utilities in meeting the emission reduction requirements imposed by this Act. Sets forth a formula for determining the amount of such grants based on the actual net after tax expenses incurred by utilities in each State in meeting such requirements. Establishes the Acid Deposition Reduction Trust Fund in the Treasury. Appropriates amounts to the Fund equal to the total amount of acid deposition reduction fees received under this Act. Imposes such a fee on every utility which sells electricity in any State in the acid deposition impact region, based on the amount of electricity sold. Adds to State implementation plan requirements a prohibition of stationary source air pollutant emissions in amounts that will contribute to atmospheric loadings of pollutants or their transformation products so as to adversely affect public health or welfare or the environment in any other State or foreign country.
United States · United States Congress · 27 May 1982
Amends the Clean Water Act (also known as the Federal Water Pollution Control Act) to extend through FY 1983: (1) authorizations of appropriations for specified programs, including programs of investigations and information, operator training, State program grants, student training, and clean lakes grants; and (2) the general authorization of appropriations to carry out such Act.
United States · United States Congress · 26 May 1982
Environmental Research, Development, and Demonstration Act of 1983 - Authorizes appropriations for FY 1983 to the Environmental Protection Agency (EPA) for: (1) air quality activities under the Clean Air Act; (2) water quality activities under the Federal Water Pollution Control Act; (3) water supply activities under the Safe Drinking Water Act; (4) solid and hazardous waste activities under the Solid Waste Disposal Act; (5) pesticide activities under the Federal Insecticide, Fungicide, and Rodenticide Act; (6) radiation activities under the Public Health Service Act; (7) interdisciplinary activities; (8) toxic substances activities under the Toxic Substances Control Act; (9) energy activities; and (10) program management and support in the Office of Research and Development. Authorizes the Administrator of the EPA to use such authorized appropriations for appropriate scientific and professional review of research and development grant, contract, and cooperative agreement applications. Provides for congressional oversight of transfers of funds between categories which exceed ten percent of the funds in either category. Directs the Administrator to establish a separately identified program of continuing, long-term environmental research and development for such activity listed under this Act, with at least 20 percent of the appropriations for such activity to be obligated and expended for such long-term research and development. Requires a specified amount of the funds appropriated from the Hazardous Substance Response Trust Fund to be expended for research and development activities in FY 1983.
United States · United States Congress · 26 May 1982
Amends the Public Health Service Act to revise specified provisions under the Safe Drinking Water Act. Provides that certifications of need or orders issued to assure availability of adequate supplies of chemicals necessary for water treatment may remain in effect until September 30, 1983 (currently September 30, 1982) or for one year after issuance, whichever occurs first. Extends through FY 1983 the authorizations of appropriations under the Safe Drinking Water Act for research, technical assistance, information, training of personnel, and grants to State programs of public water system supervision and of underground water source protection. Authorizes appropriations for FY 1983 for matching grants to States for the development of groundwater protection plans for sole source aquifer regions.
United States · United States Congress · 26 May 1982
Amends the Federal Water Pollution Control Act to provide that dams or structures intended to impound water shall not be considered point sources, unless such dams and structures are intended to treat or contain pollutants or toxic pollutants.
Germany · German Bundestag · 21 May 1982
United States · United States Congress · 19 May 1982
Extends through September 30, 1988, (currently, September 30, 1983) the authority for advances to the migratory bird conservation fund.
United States · United States Congress · 11 May 1982
Amends the Clean Water Act to declare that "discharge of a pollutant or pollutants" does not include effects upon water quality resulting solely from the impoundment of waters or the release of impounded waters or the methods of such release.
United States · United States Congress · 6 May 1982
Resource Conservation and Recovery Act Reauthorization Act of 1982 - Amends the Solid Waste Disposal Act ("the Act") to extend through FY 1983 and 1984 the authorization of appropriations for: (1) general administration; (2) State hazardous waste programs; (3) hazardous waste site inventory; (4) development and implementation of State, local, regional, and interstate plans; (5) implementation of State, local, and intermunicipal solid waste management, resource recovery, and resource conservation services and hazardous waste management; (6) "special communities" grants for containment and stabilization of solid waste located at specified sites; (7) State recycled oil programs; and (8) resource and recovery duties of the Secretary of Commerce. Provides that, 18 months after enactment of this Act: (1) no generator of hazardous waste of more than 100 kilograms per month shall be exempt from specified standards; and (2) regulations establishing standards for generators of hazardous waste of 100 to 1,000 kilograms per month shall be promulgated by the Administrator of the Environmental Protection Agency (EPA). Requires that such regulations provide for standards necessary to protect human health and the environment, but allow for variation from the standards applicable to generators of greater quantities. Authorizes the Administrator to exempt generators of minimal quantities (100 kilograms per month or less) of hazardous waste from specified standards or to apply less stringent standards to such generators. Directs the Administrator, within one year after enactment of this Act, to report to Congress concerning listed hazardous wastes which are excluded from the coverage of hazardous waste management provisions of the Act under regulations exempting mixtures of domestic sewage and other wastes that pass through a sewer system to a publicly owned treatment works for treatment. Requires that such report specify types and quantities of such exempted wastes and make recommendations as to whether such exemption should be terminated to protect health and the environment. Prohibits, six months after enactment of this Act, the disposal of hazardous waste by injection into a class IV well which is: (1) in a formation containing an underground source of drinking water; or (2) above such a formation, until specified regulations are promulgated under the Safe Drinking Water Act. Sets forth exemptions from such prohibition, including wells for the extraction of minerals or energy. Requires certain regulations promulgated after March 20, 1982, to prohibit, to the extent practicable, the storage or disposal in landfills of hazardous wastes having liquid content. Directs the Administrator to report to the Congress, annually, on EPA's progress in determining which types of hazardous waste should or should not be deemed suitable for land disposal facilities. Requires notification to the Administrator (or to a State with an authorized hazardous waste program) by owners or operators of any facility: (1) producing a fuel by blending or otherwise processing hazardous wastes; or (2) burning wastes or waste-derived fuels for energy recovery purposes. Requires that such notification describe the location, the facility, the identified or listed hazardous waste involved, and the blending or burning activity. Directs the Administrator, within two years of the enactment of this Act, to promulgate regulations establishing health and environmental standards applicable to such facilities. Requires that such standards also cover the distribution and marketing of fuels produced from hazardous wastes. Requires that permits issued to treatment, storage, or disposal facilities by Federal or State hazardous waste programs under the Act address any release of hazardous waste from such facilities at any time. Directs the Administrator to promulgate regulations requiring any facility operating on interim status permits to obtain a final permit before expanding its capacity by more than ten percent. Authorizes the Administrator to establish standards for any interim status permit facility expanding its capacity by ten percent or less. Allows such standards for facilities expanding by ten percent or less to vary from the interim permit status standards for facilities which do not expand capacity. Directs the Administrator to issue final permits or final denials of permit applications: (1) for land disposal facilities within four years of the enactment of this Act; and (2) for any other treatment, storage, or disposal facilities within six years of such enactment. Provides that such time periods shall not apply in the case of any authorized State hazardous waste program. Requires facilities operating under interim status permits to submit applications for final permit review within the applicable time period. Establishes a National Groundwater Commission to assess problems and recommend solutions relating to groundwater contamination from hazardous waste and solid waste and groundwater overdrafting. Directs the Commission to report to the President and the Congress by October 30, 1986, and to terminate on such date. Authorizes appropriations for FY 1983 through FY 1986 for the Commission. Revises provisions relating to the preservation of the rights of litigants under any statute of common law notwithstanding the passage of the Act. Directs the Administrator, within 18 months of the enactment of this Act, to promulgate regulations defining "beneficial use" of hazardous waste. Authorize courts to award costs of litigation (including reasonable attorney and expert witness fees) in judicial proceedings involving review of regulations or certain administrative actions under the Act.
United States · United States Congress · 6 May 1982
Environmental Research, Development, and Demonstration Act of 1983 - Authorizes appropriations to the Environmental Protection Agency (EPA) for FY 1983 and 1984 for activities authorized under the: (1) Clean Air Act; (2) Federal Water Pollution Act; (3) Safe Drinking Water Act; (4) Solid Waste Disposal Act; (5) Federal Insecticide, Fungicide, and Rodenticide Act; (6) Public Health Service Act (radiation activities); (7) interdisciplinary activities provisions; (8) Toxic Substances Control Act; (9) energy research programs relating to control technology, health effects, ecological effects, monitoring, and acid rain; and (10) Comprehensive Environmental Response, Compensation, and Liability Act (Superfund). Authorizes appropriations to the EPA Office of Research and Development for FY 1983 and 1984 for program management and support. Sets forth permissible uses of such funds. Provides for congressional oversight of transfers of funds between categories. Prohibits the Administrator of the EPA from using any funds appropriated under this Act for a reduction-in-force, unless the Administrator has provided certain information to Congress in advance. Requires that at least 20 percent of specified funds authorized under this Act for FY 1983 and 1984 be obligated and expended for long-term research and development. Distributes such long-term research and development funds among in-house peer-reviewed research, peer-reviewed research grants, cooperative agreements or block grants to university or nonprofit research institutues, and the exploratory research program and its salaries and expenses. Sets forth provisions for obligation, expenditure, and transfer of such funds. Directs the Administrator of the EPA to report annually on the performance of such long-term research and development programs to the appropriate committees of the Congress at the time the President's budget is submitted to the Congress. Requires that certain amounts of specified funds authorized under this Act for FY 1983 and 1984 be authorized for environmental monitoring activities which are authorized under Federal environmental statutes and which support development of a continuing national environmental monitoring program. Directs the Administrator, in consultation and cooperation with specified Federal and State officials, to: (1) ensure that the national environmental monitoring program called for under this Act is comprehensive and national in scope; (2) develop a national monitoring program for air quality and apply its features, where appropriate, to programs for other media; and (3) prepare a plan for the design and implementation of the national monitoring program, with specified inclusions, to be reviewed by the National Academy of Science (NAS) and submitted to the appropriate congressional committees one year after enactment of this Act, and thereafter biannually, following plan review and update by program participants, the NAS, and the EPA. Directs the Administrator, on the last day of FY 1984 and of each subsequent fiscal year, to report on the state of, and factors affecting, air quality based on data gathered through the monitoring program. Requires that data for such monitoring programs be subjected to validated quality assurance procedures. Prohibits the use of funds appropriated pursuant to this Act for special monitoring efforts to acquire data for specific, limited-duration health effects studies or for estimates of the environmental concentration of recently discovered pollutants. Requires that appropriations authorized for energy research under this Act for FY 1983 and 1984 be used for environmental research associated with; (1) synthetic fuels production; (2) coal, oil, natural gas, and other fossil fuel extraction, processing, transportation, and combustion; and (3) other energy development activities and related problems posing threats to public health and the environment (including indoor air pollution). Directs the Administrator to: (1) establish and maintain a long-term health and ecological effects research program on energy-related pollutants; (2) coordinate such program with related Federal research programs; (3) establish and maintain an energy-related pollutants monitoring program; and (4) include in the air quality report a report on the emission and dispersion of energy-related air pollutants based on data from such monitoring program. Directs the Administrator to continue to conduct development and demonstration of energy-related pollution control technologies as required by pertinent pollution control statutes. Prohibits: (1) the administrative transfer of energy-related environmental research projects authorized to be administered by the EPA under this Act to any other Federal or State agency; or (2) the reduction of such programs through budget amendment. Amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise provisions relating to the membership of the Science Advisory Board. Requires that the Board be composed of members appointed by the Administrator from a list recommended by a nominating committee. Requires that the nominating committee's representation include the National Institute of Occupational Safety and Health National Cancer Institute, National Science Foundation, National Academy of Sciences, and National Institute of Environmental Health Sciences (NIEHS). Directs NIEHS, in consultation with the Administrator, to establish, chair, and manage the nominating committee. Directs the nominating committee to solicit candidates for nomination to the Board from the general public through notice in the Federal Register. Authorizes the Administrator to obtain necessary information from nominees. Directs the Administrator to publish the name, address, and professional affiliation of each nominee in the Federal Register. Directs the Administrator to ensure that Board membership is fairly balanced in terms of points of view represented and functions to be performed. Requires that Board membership represent States, industry, labor, academia, consumers, and the general public. Directs the nominating committee to make certain such requirement is met in recommending nominees. Requires that the terms of Board members be three years and be staggered so that the terms of no more than one-third of the total membership of the Board and its committees expire within a single fiscal year. Requires that each member of the Board serve a full term unless such member is unable, for involuntary reasons, to discharge Board duties or has violated conflict of interest regulations. Requires, if a vacancy on the Board is not filled by the Administrator within 90 days, the nominating committee to meet and appoint, within 60 days, a member to fill such vacancy from its list of recommended nominees. Directs the Administrator, within 120 days after enactment of this Act, to promulgate regulations regarding conflicts of interest with respect to Board members. Requires that the Board's advice and comments be included in the record with respect to any proposed rule and published in the Federal Register in accordance with the requirements of the environmental statutes and the authority of the Administrator. Reserves a specified amount of the funds authorized under this Act for FY 1983 and 1984 for a study on management and organization of Federal environmental research, to be conducted outside of the Federal Government. Sets forth requirements for contracts let by the Administrator for such study, including an oversight and review role by the National Academy of Sciences. Requires that a report of such study be submitted to the President, the Administrator, and the Congress within two years after enactment of this Act. Requires that such report: (1) include appropriate recommendations for executive, administrative, or legislative action; and (2) not be subject to any prior clearance or review, except as specifically provided under this Act. Directs the Administrator to establish and carry out a comprehensive indoor air pollution research and development program. Requires that such program: (1) broaden understanding and coordinate Federal, State, local, and private efforts; (2) emphasize data gathering and information transfer on all aspects of the problem (defines "indoor environment" to include residences and other non-manufacturing public and private buildings); and (3) be considered an integral part of the EPA's general responsibility to protect human health and welfare from air pollutants. Establishes, to assist the Administrator in the administration of such indoor air pollution research and development program: (1) a Committee on Indoor Air Quality representing specified Federal agencies; and (2) an advisory group of representatives of industry, the scientific community, and public interest organizations. Sets forth requirements for the principal objectives and particular emphases of such program. Requires the Administrator to maintain constant communication with appropriate State and local officials and private sector interested parties and to work constantly with appropriate industry representatives to develop industrywide voluntary standards for residential buildings to aid in indoor air pollution prevention or abatement. Directs the Administrator to submit reports to Congress at specified intervals containing certain information relating to such indoor air pollution research and development program. Reserves specified amounts to carry out such program from funds appropriated pursuant to authorization under this Act for FY 1983 and 1984.
United States · United States Congress · 5 May 1982
Indoor Air Pollution Research Act of 1982 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish and carry out a comprehensive indoor air pollution research and development program. Requires that such program: (1) broaden understanding and coordinate Federal, State, local, and private efforts; (2) emphasize data gathering and information transfer on all aspects of the problem (defines "indoor environment" to include residences and other non-manufacturing public and private buildings); and (3) be considered an integral part of the EPA's general responsibility to protect human health and welfare from air pollutants. Establishes, to assist the Administrator in the administration of such program: (1) a Committee on Indoor Air Quality representing specified Federal agencies; and (2) an advisory group of representatives of industry, the scientific community, and public interest organizations. Sets forth requirements for the principal objectives and particular emphases of such program. Requires the Administrator to maintain constant communication with appropriate State and local officials and interested parties in the private sector and to work with appropriate industry representatives to develop industrywide voluntary standards for residential buildings to aid in indoor air pollution prevention or abatement. Directs the Administrator to submit reports to Congress at specified intervals containing certain information relating to such program. Authorizes appropriations to carry out such program for FY 1983 and FY 1984.
United States · United States Congress · 4 May 1982
Clean Air Act Amendments of 1982 - Amends the Clean Air Act ("the Act") to revise stationary source provisions for State implementation plans (SIPs), new source performance standards (NSPS), primary nonferrous smelter orders, prevention of significant deterioration (PSD), and best available control technology (BACT). State Implementation Plans (SIPs) - Permits major stationary source construction or modification in a nonattainment area, even if such source emissions will cause or contribute to concentrations of a pollutant in excess of a national ambient air quality standard (NAAQS), if: (1) the SIP revision permitting such construction or modification has not been affirmatively disapproved by the Administrator of the Environmental Protection Agency (EPA); or (2) the State determines that such construction or modification is in the public interest and that NAAQS attainment would be achieved with a reasonable extension of the attainment deadline. Prohibits findings by the Administrator related to procedural or technical defects in permit applications from serving as the basis for a moratorium on stationary source construction or modification in nonattainment areas. Requires States to provide the Administrator: (1) notice and copies of proposed SIP revisions; and (2) notice of SIP revisions adopted and brief summaries of written objections or comments concerning such revisions and of State actions with respect to such objections or comments. Directs the Administrator to submit to the State technical and legal comments, and any recommended changes, on proposed SIP revisions. Directs the Administrator to publish notice in the Federal Register within 30 days of receipt of notice of State adoption of an SIP revision and to provide a period of no less than 30 days and no more than 70 days for public comment. Provides that SIP revisions shall be deemed approved by the Administrator and become effective 90 days after publication in the Federal Register, unless the Administrator has disapproved the revision for failure to satisfy specified requirements. Directs the Administrator to publish a notice in the Federal Register of each approval or disapproval of an SIP revision. Authorizes the Administrator to extend such public comment period and effective date of an SIP revision for up to 60 days and to hold public hearings on SIP revisions. Prohibits an SIP revision from becoming effective unless the Administrator publishes a finding that the State's response to a timely objection, based on the Act or any regulation under the Act, was not arbitrary or capricious. Describes the materials that shall constitute the record for purposes of judicial review of approvals or findings of the Administrator with respect to SIP revisions. Repeals the requirement that SIPs must provide, to the extent necessary and practicable, for periodic inspection and testing of motor vehicles to enforce compliance with applicable emission standards. Prohibits the Administrator from requiring such an inspection and testing program as a condition of SIP approval, except under specified conditions relating to extensions of attainment dates for NAAQS for photochemical oxidants or carbon monoxide. Permits States to suspend or revoke indirect source review programs without regard to specified SIP approval requirements. Provides that such a State suspension or revocation shall constitute a SIP revision, of which the State must notify the Administrator and the Administrator must publish notice in the Federal Register. Removes the requirement that the system of continuous emission reduction be "technological," for purposes of permit requirements for new or modified stationary sources. Establishes a ten-year "grandfather" period from the date of completion of construction or modification of any major emitting facility issued a permit under PSD area or nonattainment area provisions. Provides that during such period such facility shall not be required to comply with an emission limitation or standard more stringent than the emission reduction required under such permit, unless the limitation or standard: (1) applies to an air pollutant for which an NAAQS is established after permit issuance; or (2) is required under provisions for nonattainment areas or national emission standards for hazardous air pollutants (NESHAPs) or emergency conditions. New Source Performance Standards (NSPS) - Repeals the requirement that new fossil fuel fired stationary sources of air pollution comply with a standard of performance which requires a percentage reduction in air pollutant emissions. Redefines "standard of performance," for NSPS purposes, to require emissions limitations achievable through the application of a system of continuous emission reduction which the Administrator (or the State, for specified categories of stationary sources) determines is adequate for that category or a similar category of new stationary sources, taking into consideration the cost of achievement, energy impact, and environmental effects unrelated to air quality. Redefines "new source" to include stationary sources commencing planning or design (as well as those commencing construction or modification) after publication of final applicable NSPS and to exclude any stationary source for which planning, designing, construction, or modification commenced after September 18, 1978, but prior to June 11, 1979. Removes the requirement that the system of continuous emission reduction under NSPS be a "technological" system or process. Includes in the definition of such system or process the use of inherently low-polluting fuels or raw materials. Permits application of such amended requirements to fossil fuel fired electric utility steam generating units which were constructed or modified after September 18, 1978, and before the publication of regulations reflecting the amendments made by this Act. Primary Nonferrous Smelter Orders - Permits primary nonferrous smelters to use intermittent emissions curtailment for not more than five percent of any calendar year to assure attainment and maintenance of the NAAQS for sulfur oxides. Directs the Administrator to promulgate new regulations for a standard of good engineering practice with respect to stack heights which will allow, in the case of primary nonferrous smelters, a credit for such stack height as may be necesssary to reduce plume impaction on terrain obstacles in mountainous regions where no other reasonable plant siting option is available. Extends by five years the deadlines for compliance with primary nonferrous smelter orders. Prevention of Significant Deterioration (PSD) - Revises a purpose of PSD provisions. Makes a Class II areas (areas where air quality deterioration is permitted to a greater degree than in Class I areas which include international and national parks and wilderness areas in existence on August 7, 1977) areas which exceed 10,000 acres in size and which are established after passage of the Clean Air Act Amendments of 1977 as national monuments, primitive areas, preserves, recreation areas, wild and scenic rivers, wildlife refuges, lakeshores or seashores, and parks or wilderness areas. Provides that such areas may only be redesignated as class I or class II. Directs the Administrator to consult with the Federal land manager in each State and publish a list of such areas located within specified nonattainment areas. Exempts such areas for classification as class II areas upon certification to the Administrator by the States in which such areas are located that such a designation is unreasonable or impractical. Prohibits the Administrator from overruling the State, unless the Administrator demonstrates that the State has been arbitrary or capricious in exempting such areas from classification as class II areas. Provides that current non-mandatory class II areas which are not established as class I areas or mandatory class II areas or redesignated shall be class II areas until December 31, 1983, but shall be unclassified thereafter, unless redesignated. Eliminates the Class III area classification. Repeals Class I and Class II area short-term "increment" requirements (maximum allowable increases over baseline concentrations of a pollutant) for: (1) 24-hour periods for particulate matter; and (2) 24-hour and three-hour periods for sulfur dioxide (thus retaining only annual "increment" limitations for such pollutants in such areas). Repeals all Class III area "increment" requirements. Excludes pollution attributable to fugitive dust and other naturally occurring background particulate matter from consideration in determining concentrations of pollutant for purposes of PSD increment requirements. Authorizes (and requires upon petition of the Governor) the Administrator to provide notice, conduct a public hearing, and, with the Governor's concurrence, promulgate rules for determining compliance with increment requirements in States where the Administrator is the PSD permitting authority. Eliminates the Class III area classification. Permits States to designate or redesignate specified national areas established after the passage of this Act and exceeding 10,000 acres in size as class I, class II, or unclassified. Requires that such redesignation be specifically approved by the Governor after consultation with the legislature (unless State law requires State legislation) and local governments of the redesignated area. Exempts such areas which are redesignated unclassified from PSD increment requirements. Eliminates requirements that specified descriptions, analyses, and plans relating to area redesignations be prepared and made available for public inspection. Eliminates provisions relating to preconstruction requirements for Class III areas. Retains the one-year (after filing date) deadline for granting or denying completed permit applications for facilities which will emit 500 tons or more per year of pollutant, but provides a six-month deadline in the case of facilities emitting less than 500 tons. Requires that the permit applicant be notified whether the application is complete, within two months after filing. Requires States, for PSD preconstruction review purposes, to transmit to the Administrator copies of permit applications for major emitting facilities only if such a facility will emit: (1) 500 tons or more per year of total suspended particulate matter or 1,000 tons or more of sulfur dioxide; or (2) pollution affecting air quality in any class I area or other specified national areas. Requires States to provide notice to the Administrator of only the final action taken on such permit. Requires protection of air quality related values within a Class I area only "from significant adverse impacts." Provides that the affirmative responsibility of the Federal Land Manger and the Federal official charged with direct responsibility for management of lands within a class I area shall not extend to protection of integral vistas or views of specific landmarks or panoramic views located outside the boundaries of Federal Class I areas. Requires inclusion of information constituting its basis in the filing of an allegation that a proposed facility may cause or contribute to a significant adverse impact in air quality. Requires State concurrence, taking into consideration the health, environmental, economic, and energy effects of a facility, with the Federal Land Manager's demonstration that a proposed facility will have such an impact. Repeals the requirement that the owner or operator demonstrate to the satisfaction of the Federal Land Manager that a proposed facility will not have an adverse impact on air-quality related values. Requires, instead, that the owner or operator file a notice with the Federal Land Manager that such facility will have no significant adverse impact, and gives the Federal Land Manager 45 days to concur or disagree. Repeals short-term "increment" limitations for PSD construction permit purposes. Authorizes the Governor, after consideration of the Federal Land Manager's recommendation, to grant a variance from the annual increment limitation for sulfur dioxide in Class I areas. Requires, in the case of Federal mandatory Class I areas, that such a variance not have a significant adverse effect on air quality related values and be in the public interest. Requires that continuous air quality monitoring data be included in an analysis for PSD preconstruction review purposes only to the extent required in the discretion of the permitting authority. Repeals the requirement that such data be gathered over a one-year period. Establishes a ten-year "grandfather" period for facilities issued PSD construction permits. Excludes naturally occurring background particulates or fugitive dust analysis or control from specified demonstrations required of owners or operators seeking PSD construction permits. Deletes the requirement that the Administrator's PSD regulations for specified other pollutants be at least as effective as the increment requirements already established. Revises the definition of "major emitting facility" for PSD purposes to provide consideration of the net effect on air pollution emissions of modifications of specified types of stationary sources. Revises provisions for visibility protection for Federal Class I areas to cover only "significant" impairments of visibility. Excludes from the definition of "visibility impairment" an integral vista or view of a specific landmark or panoramic view located outside the boundary of a Class I Federal area which can be viewed from a point within the boundaries of a Class I area. Best Available Control Technology (BACT) - Revises the definition of "best available control technology" (BACT) to include designs or work practice standards. Allows the permitting authority to provide that for stationary sources which do not emit more than 500 tons per year of a particular air pollutant BACT may be equivalent to the applicable new source performance standard (NSPS), under specified circumstances.
United States · United States Congress · 4 May 1982
Requests the President to designate the week of May 2 through May 8, 1982, as National Clean Air Week.
United States · United States Congress · 29 April 1982
Amends the Federal Water Pollution Control Act to increase by ten percent the Federal share of waste treatment projects for applicants providing at least a 25 percent discount on sewage rates for senior citizens.
United States · United States Congress · 28 April 1982
Clean Air Reauthorization and Acid Precipitation Study Act of 1982 - Amends the Clean Air Act ("the Act"). Title I: Implementation Plans and Enforcement - State Implementation Plans (SIPs) and the SIP Revision Process - Revises required State Implementation plans (SIPs) provisions. Directs a State to notify the Administrator of the Environmental Protection Agency (EPA) of proposed and adopted revisions to its SIP and of any comments or objections filed concerning such revisions. Directs the Administrator to: (1) submit to the State comments on the technical and legal sufficiency of any proposed revision; (2) publish notice of a revision in the Federal Register within 30 days of receipt of notice of State adoption of the revision; and (3) provide a period of 30 to 70 days for public comment. Provides that any SIP revision shall be deemed approved and become effective 90 days after publication in the Federal Register, unless the Administrator, upon considering the State's administrative proceeding record and public comments, disapproves on the basis of failure to satisfy specified requirements. Directs the Administrator to publish notice of such approval or disapproval. Permits the Administrator to: (1) extend the periods for public comment and for approval, by up to 60 days; and (2) hold public hearings on SIP revisions. Provides that an SIP approval shall not be effective unless the Administrator finds, and publishes, that the State's response to any objection filed both during the State's proceedings and the Administrator's public comment period was not arbitrary or capricious. Repeals the requirement that SIPs provide for periodic inspection and testing of motor vehicles to enforce compliance with applicable emission standards. Prohibits the Administrator from requiring, as a condition of SIP approval, any indirect source review program or, except as specified in provisions for nonattainment areas, any program of periodic inspection and testing of motor vehicles. Permits States to include, and the Administrator to approve, such programs in SIPs. New Source Performance Standards - Limits the applicability of the percentage reduction requirement for new fossil fuel fired stationary sources to those categories of stationary sources to which such requirement were applied under regulations in effect as of December 31, 1981. Provides that NSPS apply only to stationary source construction or modification commenced after NSPS regulations are promulgated (currently, proposed). Enforcement - Provides a one-year period for compliance after issuance of specified Federal enforcement orders (not including Federal orders relating to violations of national emission standards for hazardous air pollutants or State enforcement orders). Repeals a requirement that the Administrator seek an injunction or assess a civil penalty in the case of any major stationary source not in compliance within 30 days of such a Federal enforcement order. Provides discretionary authority for the Administrator to seek injunctions or asses penalties in any cases of noncompliance which last beyond 30 days enforcement orders are issued (continues such discretionary authority in cases not involving major stationary sources). Directs the Administrator to carry out specified enforcement authorities through the use of full-time Federal officers or employees. States that contractors should be used only as necessary to provide technical support for such enforcement. Prohibits the Administrator from contracting with anyone other than a full-time Federal officer or employee to provide legal assistance for such enforcement. Revises enforcement provisions relating to major stationary sources which burn petroleum products or natural gas to cover such sources which voluntarily convert to an alternate fuel. Includes other alternate fuels under the enforcement provisions which currently cover conversion to coal by such sources. Requires (currently allows) each State to develop and submit to the Administrator a plan for carrying out noncompliance penalty provisions in such State. Repeals the authority of the Administrator to carry out noncompliance penalty provisions in a State under certain conditions. Authorizes (currently requires) the State, or the Administrator if the State has not received a delegation, to carry out penalty provisions to assess and collect a noncompliance penalty in specified circumstances. Authorizes the State to grant exemptions from penalties in cases of minor noncompliance (and continues the authority of the Administrator, when appropriate, to do so). Repeals a requirement tnat the Administrator send notices of noncompliance to specified persons, in the event the State fails to send such notices. Requires persons receiving such notices to submit a calculation of the amount of penalty owed and a schedule of payments within a reasonable period prescribed by the Administrator or the State (currently requires such submission within 45 days of notice issuance or petition denial). Makes a similar change in the deadline for submissions of petitions challenging such notice or alleging entitlement to an exemption. Provides that public hearings on such petitions be conducted by the Administrator or the State, as appropriate, and that decisions on such petitions be made within a reasonable time (currently requires the Administrator to hold such hearings unless the State agrees to do so and currently requires a decision within 90 days after receipt of the petition). Repeals provisions authorizing the Administrator to review State decisions on such petitions and requiring such review under certain conditions. Authorizes the State or the Administrator, as appropriate, to adjust or compromise any penalty assessment if the source is in compliance. Repeals provisions for: (1) final adjustments of penalties after compliance; and (2) Administrator objections to, and substitutions for, State noncompliance penalties. Revises requirements for noncompliance penalty assessed amount determinations and payment schedules. Authorizes the Administrator, after notice and public hearing, to revoke or suspend any delegation under noncompliance penalty provisions upon determination that a State is not complying with such provisions. Attainment Date Extensions - Permits States to receive up to five-year extensions beyond the December 31, 1982, national primary ambient air quality standard ("primary NAAQS") attainment date for pollutants in nonattainment areas (currently the Act permits such extensions for carbon monoxide and photochemical oxidants). Requires, in order to receive such extensions, that a State: (1) certify to the Administrator that attainment is not possible before December 31, 1982, despite implementation of all reasonably available measures; and (2) commit itself to not modifying State nonattainment plan provisions so as to adversely affect reasonable further progress. Directs the Administrator to publish notice of such certification and afford an opportunity of not more than 60 days for public comment, including a hearing where appropriate. Directs the Administrator, if satisfied that such attainment is not possible, to extend the deadline to a date providing for attainment as expeditiously as possible, but not later than December 31, 1987. Grants the Administrator discretionary authority, upon State application and after notice and public hearing, to provide an additional extension of an attainment date for any NAAQS, for up to six years beyond the December 31, 1987 extension. Conditions such additional extensions on a State demonstration that: (1) the State has made good faith efforts to make reasonable further progress toward attainment during the previous extension period and has achieved annual incremental reductions in emissions of the air pollutant concerned; (2) all applicable SIP provisions, including those relating to legislative and funding actions and reasonably available control technology (or alternative measures that achieve equal or greater reductions in emissions) are being adequately implemented; (3) air quality problems are so severe and persistent, for identified reasons, that the previous extended deadline cannot be attained; and (4) in the case of requests for additional extensions for carbon monoxide or photochemical oxidants, the State has adopted and will implement in a cost-effective manner a program of motor vehicle inspection and maintenance not inconsistent with the purposes and requirements of title II (Emissions Standards for Moving Sources) of the Act. Directs the Administrator to promulgate guidelines for SIP revisions, including guidelines respecting the terms of such additional extensions. Authorizes the Administrator to prohibit issuance of a construction or modification permit for any major stationary source which emits a pollutant for which a NAAQS has not been attained by the appropriate deadline. Permits case-by-case waivers of such prohibition for the construction of any new stationary source to replace an existing stationary source, upon determination by the permitting authority that emissions from the new source of each air pollutant for which the area is designated a nonattainment area will be less than such emissions from the existing source. Directs the Administrator to: (1) enforce such permit requirements by issuing an order or bringing a civil action; and (2) seek an injunction or assess a civil penalty for violations of such prohibitions against construction or modification. Nonattainment (other amendments) - Revises other part D provisions for permit requirements in nonattainment areas to require that proposed new or modified major stationary sources comply with the best available control technology (BACT) standard, in the case of permits issued on or after the enactment date of this Act (compliance with the lowest achievable emission rate (LAER) standard is thus required only for permits issued before such date). Repeals a requirement that SIP provisions for nonattainment areas establish a specific schedule for implementation of a vehicle emission control inspection and maintenance (I/M) program in order to qualify for a deadline extension in meeting the primary NAAQS for photochemical oxidants or carbon monoxide. Requires that SIP nonattainment provisions for urban areas with greater than 500,000 population, in which the 1981 photochemical oxidants and/or carbon monoxide level exceeded the respective primary NAAQS by 50 percent or more, must contain a cost-effective program applicable to in-use motor vehicle emissions and not inconsistent with title II (Emission Standards for Moving Sources) of the Act. Requires that such program include an I/M program, if the State deems this appropriate. Allows a State to decide that the I/M program will apply first to motor vehicle fleets and commercial operators and then, when the State determines it is necessary for attainment, to other vehicles. Permits any State to: (1) continue an I/M program for any nonattainment area which does not fall under the new requirements concerning urban areas with the above-mentioned population and pollution areas; or (2) submit revisions to modify or eliminate such program. Makes specified emissions level requirements for construction and operation in nonattainment areas inapplicable in the case of any SIP under which: (1) the construction or modification of specified stationary sources is required to comply with the best available control technology (BACT) standard; (2) an adequate emissions inventory is maintained; (3) all existing major stationary sources will be in compliance with emission limitations based upon reasonably available control technology (RACT) not later than 1987 (or earlier, as appropriate); (4) nonwithstanding the construction of new major stationary sources, there is a program for obtaining such annual reductions in emissions as represent reasonable further progress; and (5) annual increased emissions resulting from source construction or modification shall not exceed one percent of the inventoried emissions of the applicable pollutant in the nonattainment area. Provides that the Administrator shall apply on a gradual or partial basis the authority to withhold Federal grant funds for sewage treatment and highways in cases of noncompliance with the Act as appropriate to the severity of such violations. 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 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.) Repeals the "increment" limitations (specified "maximum allowable increases over baseline concentrations") for class II and class III areas. Eliminates the short-term increment limitations for class I areas. Permits States' Governors to rule that concentrations of particulate matter attributable to fugitive dust from specified sources shall not be taken into account in determining compliance with maximum allowable increases in ambient concentrations. Eliminates provisions for PSD area redesignations as class III areas. Provides that PSD preconstruction requirements shall only apply to physical or operational changes resulting in a significant net increase in source emissions of any air pollutant regulated under provisions for NAAQS, NSPS, or NESHAPs. Sets a de minimis amount for such increase at 100 tons per year (1,000 tons per year of carbon monoxide) for any air pollutant for which a NAAQS is established (except lead) and 18 tons per year for fluorides. Revises PSD preconstruction review analysis requirements to grant discretion to the permitting authority in determining whether continuous air quality monitoring data is necessary to determine whether emissions from a facility will exceed maximum allowable increases (class I area increments) or maximum allowable concentrations (primary and secondary NAAQS). Requires PSD preconstruction permit programs to: (1) notify applicants within two months after receipts as to whether or not the application is complete and in what respects an incomplete application should be modified; and (2) issue or deny the permit within seven months after a completed applications is received. Authorizes any officer or employee of a permitting agency to communicate and meet with any applicant, prior to submission of an application, to clarify PSD preconstruction permit requirements. Eliminates the requirement that PSD regulations for hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides contain measures at least as effective as the "increment" limitations for sulfur oxides and particulate matter. Provides that the Administrator shall promulgate PSD regulations, as appropriate, for any such pollutant (thus repealing a specific deadline for such regulations). Deletes the requirement that the specific measures included in such regulations to evaluate permit applications be "numerical." Eliminates the special definition of "best available control technology" (BACT) for purposes of PSD provisions. Defines BACT for purposes of the Act to mean the applicable New Source Performance Standards (NSPS) (the EPA-set technology-based standards for categories of industries), along with applicable national emission limitation standards for hazardous air pollutants (NESHAPs). Retains determination of the BACT by the permitting authority on a case-by-case basis where no NSPS exists for a stationary source in a particular category. Allows State and local governments to adopt or enforce standards or limitations more stringent than the BACT standard. Visibility Protection - Limits the applicability of specified visibility protection provisions to: (1) "significant" impairments of visibility within mandatory class I Federal areas; and (2) "significant" adverse impacts on air quality related values (including visibility) on lands within class I areas. Operation and Maintenance - Requires that SIPs include a program for periodic audits of major stationary sources to insure the proper operation and maintenance of pollution control equipment used to comply with emission limitations. Requires that the results of such audits be available to the public. Sets a deadline, six months after enactment of this Act, for submission of SIP revisions taking account of such requirements. Emergency Variances - Revises provisions for emergency variances from any SIP requirement applicable to a stationary source. Authorizes the President to issue such variances. Permits such variances to be issued when foreign imports of fuels used by a stationary source have reached an excessive level and such imports can be reduced by the emergency suspension. Increases the maximum period for such temporary emergency suspensions to two years (currently four months), but prohibits any such suspension remaining in effect for more than four months if it results in a violation of any NAAQS. Requires the person (a State Governor or the President) issuing any suspension for a period of more than four months to revoke such suspension upon determination that the stationary source did not change to an alternative fuel. Administrative Review - Revises provisions relating to international air pollution. Directs the Administrator to: (1) publish notice in the Federal Register upon receipt of specified information or allegations about such pollution originating in the United States; (2) receive public comments and conduct an investigation including public hearings respecting such pollution; and (3) make a finding as to whether any air pollutant emitted in the United States causes or contributes to air pollution in a foreign country. Provides that any finding that U.S. emissions cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare in a foreign country shall be deemed to be a finding which requires an SIP revision. Regulatory Stability - Sets forth regulatory stability provisions establishing a ten-year "grandfather" period, commencing with construction or modification, during which a stationary source (unless subsequently modified) shall not be subject to more stringent requirements if the construction or modification is subject to NSPS, obtains a permit or approval, and meets all permit or approval requirements. Excludes from such "grandfather" provision any emission limitation or standard imposed on any stationary source with respect to: (1) hazardous pollutants designated under NESHAP provisions; (2) pollutants with no NAAQS in effect at commencement of the construction; or (3) any other air pollutant, if the Administrator judges that the public health or welfare may be endangered. Effective Data and Transitional Rules - Sets forth an effective date and transitional rules for the amendments relating to Nonattainment provisions and to PSD provisions. Title II: Ozone Protection - Revises ozone protection provisions of the Act. Directs the Administrator of the Environmental Protection Agency to continue ozone protection studies and research while increasing actual measurements of stratosphere ozone and improving methods of monitoring 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 stratospheric ozone concentration (with particular attention to the effects of chlorofluorocarbons); (3) investigate unreasonable 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 and annually thereafter until such time as the theory of ozone depletion by chlorofluorocarbons has been validated, 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 continuing research and monitoring programs be expanded to determine the extent, nature, causes, effects, and associated uncertainties of stratospheric ozone concentration changes. Directs the President, within two years from the date of 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. Prohibits the Administrator from proposing further regulations for the control in the United States of any chlorofluorocarbon under the Act or the Toxic Substance Control Act until: (1) the Administrator determines that depletion of the stratospheric ozone by chlorofluorocarbons at a rate determined to be eventually harmful to human health and the environment is actually detected; or (2) until the President reports 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. Provides that this Act shall not affect: (1) the validity of regulations concerning aerosol propellants containing chlorofluorocarbons promulgated by the Administrator before the effective date of this Act; or (2) the Administrator's obligation to comply with other applicable requirements in adopting regulations for the control of chlorofluorocarbons. Prohibits States or local governments from adopting or attempting to enforce any regulation (except ones controlling halocarbon use as an aerosol propellant) respecting the control of chlorofluorocarbons to protect the stratosphere or stratospheric ozone until the Administrator has promulgated regulations for such control in the United States. Title III: Authorization of Appropriations - Authorizes appropriations to the Administrator for FY 1983 through FY 1987. Provides for sums necessary for: (1) the Administrator and the States to effectively carry out the Act's provisions, including training of State and local personnel, enforcement, abatement, and control, consideration of SIPs and revisions, and audits; and (2) sufficient funding for personnel for the Administrator to carry out the Act, particularly its regulatory functions, without undue reliance on contractors. Requires that such authorization not be less than the appropriations authorized in fiscal year 1981 to carry out the Act (except provisions relating to the National Commission of Air Quality). Prohibits the Administrator from using any funds appropriated under the Act for any payment for a reduction-in-force in any fiscal year. Directs the Administrator to inform the appropriate committees of the Congress of the reasons for such reduction, its impact on carrying out the Act, and other detailed or pertinent information, at least 30 days prior to issuing any general notice of such reduction. Declares that nothing in this title shall authorize appropriations for any research and development activities under the Act. Title IV: Acid Precipitation Study - Amends the Energy Security Act (title VII provisions also known as the "Acid Precipitation Act of 1980") to reduce the period covered by a comprehensive research plan from ten years to five years. Makes conforming amendments relating to implementation of, and authorization of appropriations for, the comprehensive research plan. Directs the Acid Precipitation Task Force to submit a final report, with detailed recommendations, within five years of enactment of the Energy Security Act. Authorizes the Administrator of the Environmental Protection Agency to submit recommendations, to accompany the final report of the Task Force, for specific changes in law supported by scientific findings of the Task Force. Prohibits the Administrator from proposing or promulgating any rule to control sulfur dioxide or nitrogen oxide emissions if such rule would expand the Administrator's existing regulatory authority, before the final report is transmitted. Directs the Task Force to: (1) study fuel precombustion treatment and low-polluting combustion processes for reduction of sulfur dioxide and nitrogen oxide emissions; and (2) solicit information from State agencies conducting acid deposition research.
United States · United States Congress · 22 April 1982
Amends the Solid Waste Disposal Act to extend the authorization of appropriations through FY 1984 for general administration and for assistance to States in the development and implementation of authorized State hazardous waste programs.
United States · United States Congress · 22 April 1982
Amends the Solid Waste Disposal Act to extend the authorization of appropriations through FY 1984 for general administration of such Act. Repeals the requirement that at least 20 percent of the appropriations authorized under such Act for general administration be used for Resource Recovery and Conservation Panels and at least 25 percent be used for State and local support. Authorizes appropriations through FY 1984 for assisting States in the development and implementation of authorized States hazardous waste programs. Repeals the program of assistance to States for discretionary programs relating to recycled oil. Eliminates the authorization of appropriations for the programs of the Resource Conservation Committee. Eliminates the authorization of appropriations for a study on the adverse effects of drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil or natural gas or geothermal energy.
United States · United States Congress · 22 April 1982
Prohibits for two years after enactment of this Act the issuance of a permit pursuant to title I of the Marine Protection, Research, and Sanctuaries Act of 1972 that authorizes ocean dumping of low-level radioactive waste unless the Administrator of the Environmental Protection Agency finds that: (1) the proposed dumping is necessary to conduct research related to ocean dumping; (2) the dumping will have minimal adverse impact upon human health, welfare, and amenities and the marine environment, ecological systems, economic potentialities, and other legitimate uses; (3) the potential benefits of the research will outweigh any adverse impact; and (4) the proposed dumping will be preceded by baseline monitoring studies of the proposed dumping site and its surrounding environment. Provides that after the end of the two-year period, the Administrator may not issue a permit for the disposal of low-level radioactive waste in the ocean until the applicant, in addition to complying with the requirements under title I of such Act, prepares a radioactive material disposal impact assessment with respect to the site at which the disposal is proposed. Requires the Administrator to submit a copy of any such assessment to specified congressional committees. Makes such a permit effective 45 days after it is issued unless either House of Congress disapproves it by resolution within such time period.
United States · United States Congress · 22 April 1982
Amends the Federal Water Pollution Control Act to prohibit the disposal of dredged material in Long Island Sound. Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to repeal the provisions of such Act controlling the dumping of dredged material in Long Island Sound. Establishes the Long Island Sound Dredged Material Commission to study the impacts of and alternatives to disposal of dredged material in Long Island Sound. Requires the Commission to submit a report of its findings and recommendations to Congress, the Secretary of the Army, and the Administrator of the Environmental Protection Agency not later than one year after the appointment of Commission members. Terminates the Commission on the date of the submission of such report. Authorizes appropriations.
United States · United States Congress · 21 April 1982
Amends the Endangered Species Act of 1973 to authorize appropriations to the Department of Commerce for FY 1983 and 1984 to carry out such Act.
United States · United States Congress · 20 April 1982
Ocean Dumping Amendments Act of 1982 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to revise the factors which the Administrator of the Environmental Protection Agency shall consider when establishing criteria for reviewing and evaluating ocean dumping applications. Requires the Administrator to consider, with regard to materials determined to be unsuitable for dumping, the availability of alternatives, including ocean or land-based locations or disposal or recycling processes. Requires, with regard to materials determined to be suitable for dumping, consideration of the availability of alternatives which are environmentally, economically, and technologically acceptable. Revises the procedures under which the Administrator may designate dump sites. Makes site designations mandatory, instead of discretionary. Requires the Administrator, when designating sites, to consider the criteria set forth in the Act for evaluating ocean dumping permits, and additional specified criteria. Requires the Administrator to periodically monitor each dump site. Requires the Administrator or the Secretary of the Army to impose on permitees any special provisions deemed necessary to minimize the harm from dumping. Makes permit processing fees mandatory, rather than discretionary. Authorizes the Administrator or the Secretary to issue interim permits in cases in which the effects of dumping are of concern, but where no alternative exists. Specifies conditions applicable to such interim permits. Sets forth transitional provisions. Extends the authorization of appropriations to carry out the Act through FY 1984.
United States · United States Congress · 20 April 1982
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to combine ocean dumping and monitoring reporting requirements into a single congressional report due by March 1 of each year. Specifies that the following are to be included in the National Oceanic and Atmospheric Administration's (NOAA) research program: (1) assessment of techniques for quantifying and defining marine environment degradation; (2) assessment of the ocean waters' ability to assimilate waste materials; and (3) development of techniques and equipment to minimize pollution from such wastes. Directs the Environmental Protection Agency to develop guidelines for integrating socio-economic factors into Federal decisions regarding ocean dumping. Requires such guidelines to be reported to Congress by October 1, 1984. Directs the Agency, in cooperation with the Department of Commerce and other appropriate governmental agencies and private persons, to assess the feasibility of developing regional waste disposal programs, including ocean dumping. Sets forth program factors. Authorizes appropriations of not more than $12,000,000 for each of FY 1983 and 1984 for ocean dumping research.
European Union · European Commission · 19 April 1982
Germany · German Bundestag · 8 April 1982
United States · United States Congress · 1 April 1982
Expresses the sense of the Senate that: (1) an effective Federal environmental program is necessary to protect U.S. citizens' health and well-being; (2) the Environmental Protection Agency should be appropriated increased funds to protect our environment and meet expanded responsibilities mandated by law; and (3) the President should submit a new budget for the Environmental Protection Agency for FY 1983 reflecting these principles.
United States · United States Congress · 1 April 1982
Expresses the sense of the Congress that: (1) an effective Federal environmental program is necessary to protect U.S. citizens' health and well-being; (2) the Environmental Protection Agency should be appropriated increased funds to protect our environment and meet expanded responsibilities mandated by law; and (3) the President should submit a new budget for the Environmental Protection Agency for FY 1983 reflecting these principles.
European Union · European Commission · 31 March 1982
United States · United States Congress · 30 March 1982
Endangered Species Act Amendments of 1982 - Amends the Endangered Species Act of 1973 to add the term "experimental population" to the definitions. Defines such term as a population of an endangered or threatened species that: (1) has been transported and released outside of the current range of the species to further its conservation; and (2) is wholly separate geographically from nonexperimental populations of the species. Provides for the treatment of experimental populations as threatened species. Requires the Secretary (either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested) to issue protective regulations for such species. Increases the limit on the Federal share of costs of conservation programs for endangered and threatened species developed by States pursuant to cooperative agreements between the States and the Secretary. Prohibits the Secretary of the Interior from making less restrictive the regulations applicable to any threatened species over which program responsibilities are vested in the Secretary of Commerce without a prior favorable determination by the Secretary of Commerce. Requires the Secretary, to the maximum extent prudent and determinable, to designate the critical habitat of any endangered or threatened species concurrent with the determination of the status and the listing of the species. Deletes the requirement that the Secretary conduct a review of the status of a species before making a determination of whether the species is endangered or threatened. Requires the Secretary to review regularly the status of all species identified as in danger of extinction and determine whether to propose such such species for listing as endangered or threatened. Provides that upon receipt of a petition to add a species to, or remove a species from, the endangered or threatened species list, the Secretary shall determine and publish a finding whether the petition presents substantial scientific information that such addition or removal is warranted, in addition to conducting and publishing a review of the status of the species as required under current law. Revises the notice requirements with respect to the proposal by the Secretary of regulations relating to the determination of the status and listing of endangered or threatened species. Eliminates the review board established to consider Federal agency and permit or license applicants' applications for exemptions for agency actions likely to jeopardize endangered or threatened species or their habitats. Provides for the Secretary to review, and report to the Endangered Species Committee on, such exemption applications in place of the review board. Reduces from 60 days to 20 days the time available to make the initial determination concerning the exemption applicant's eligibility for the exemption. Reduces from 180 days to 150 days the time period within which the Secretary must complete a report on: (1) the availability of alternatives to the agency action involved; (2) the evidence as to whether the action is in the public interest or is of national or regional significance; (3) appropriate reasonable mitigation and enhancement measures which should be considered; and (4) whether the Federal agency involved and the exemption applicant refrained from making irreversible or irretrievable commitments of resources prohibited by the Endangered Species Act of 1973. Reduces from 90 days to 30 days the time within which the Committee must determine whether to grant an exemption after receiving the Secretary's report. Prohibits the Committee from granting an exemption for an agency action if the Federal agency or the exemption applicant made an irreversible or irretrievable commitment of resources prohibited by such Act. Provides that when an agency, a permit or license applicant, and the Secretary agree to extend the consultation period for determining whether an agency action is likely to jeopardize an endangered or threatened species or its habitat, the Secretary shall specify the information required to complete the consultation and the date on which the biological opinion will be completed. Provides that in addition to exempted agency actions, activities within the scope of an agency action which will promote the conservation of a listed species or critical habitat or which will not jeopardize a listed species or critical habitat shall not be considered a taking of any endangered or threatened species. Requires the Secretary to determine on the basis of the best available biological information derived from reliable wildlife management practices: (1) whether the export or introduction of any specimen of a species included in appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora will be detrimental to the survival of that species; and (2) whether the export of such specimens should be limited. Provides that the Secretary shall not be required to use population estimates in making such determinations when such estimates are not the best available biological information derived from reliable wildlife managment practices. Authorizes the Attorney General to seek to enjoin any person alleged to be in violation of the Endangered Species Act of 1973. Authorizes appropriations for FY 1983 through 1985 to carry out the Endangered Species Act of 1973.
United States · United States Congress · 30 March 1982
Clean Air Act Reauthorization Amendments of 1982 - Title II: Mobile Source Amendments - Amends title II (Emission Standards for Moving Sources) of the Clean Air Act ("the Act"). Requires that any more stringent new standard for New Motor Vehicle or New Motor Vehicle Engines not become effective for at least: (1) 48 months after prescription or revision, in the case of heavy-duty vehicles or engines; and (2) 36 months after prescription or revision, in the case of all other new motor vehicles or engines. Provides that any more stringent new standards must reflect the degree of emission reduction the Administrator of the Environmental Protection Agency (EPA) determines to be reasonably achievable through application of technology adequately demonstrated to be available for the appropriate model year. Directs the Administrator, in making such determination, to consider costs, applicability to gasoline or diesel-fueled vehicles or engines, impact on fuel economy, effect on level of all emissions from such vehicles or engines, safety, commercial use, and other appropriate factors. Authorizes the Administrator to arrange with the National Academy of Sciences (NAS) to review the technical feasibility of such proposed new standards and to submit written reports which shall be available to the public. Revises provisions relating to regulations applicable to emissions of carbon monoxide, hydrocarbons, oxides of nitrogen, and particulate matter from classes or categories of heavy- duty vehicles or engines. Directs the Administrator to prescribe such regulations within one year of the enactment of this Act. Provides that the standards prescribed in such emissions regulations shall apply for a minimum period of four model years unless less stringent standards are prescribed for any model year during that period. Requires that standards applicable to emissions of oxides of nitrogen and particulate matter be prescribed at the same time. Directs the Administrator to arrange with NAS for a technological feasibility report with respect to any proposed standard for particulate matter to be prescribed for heavy-duty vehicles and engines. Repeals provisions setting forth criteria for the revision of emission standards for new motor vehicles or engines and requiring a report to Congress on any such revised standard. Revises provisions for a continuing pollutant specific study to require that such study concern the effects of air pollutant emissions of light duty as well as heavy duty vehicles or engines. Revises deadlines for such study (making the next deadlines January 1, 1983, and before January 1 of each fourth year thereafter). Directs the Administrator: (1) after considering the results of such study reported to the Congress, to revise the standards prescribed for heavy-duty vehicles or engines; or (2) upon determination that such revision is not necessary, to publish such determination in the Federal Register. Requires notice and opportunity for public comment before the Administrator determines that the operation or function of an emission control device, system, or element of design will cause or contribute to an unreasonable risk to public health, welfare, or safety. Adds to the factors the Administrator must consider in making such determination any information obtained from any manufacturer under specified compliance testing provisions. Revises standards for regulation of emissions from light-duty vehicles and engines manufactured during and after model year 1982 to require that pollutant grams per vehicle mile (gpm) not exceed: (1) .41 gpm of hydrocarbons; (2) seven gpm of carbon monxide; and (3) two gpm of oxides of nitrogen. Authorizes the Administrator to revise any such standard for any model year after model year 1986. Prohibits any revised standard from being: (1) more stringent than the standard applicable (without regard to any waiver) to light-duty vehicles and engines manufactured in the 1981 model year; or (2) less stringent than the 1982 model year standards. Revises provisions for waivers of such emission standards. Directs the Administrator, after notice and opportunity for public hearing, to waive an emission standard for any model of vehicles or vehicle engines for up to four model years upon petition and demonstration by the manufacturer that such waiver is necessary for the use of an innovative power train technology, innovative emission control device or system, or alternative fuel or powersource. Adds "the potential to conserve energy" to factors to be considered in granting such waivers. Revises the maximum number of vehicles or engines per manufacturer to which such waivers may apply. Sets such maximum at 200,000 vehicles or engines per year of such waiver, but not more than 500,000 for a four model years waiver. Prohibits extension or renewal of four model years waivers. Requires that such waivers include appropriate emissions standards to: (1) ensure, in the Administrator's judgment, no significant adverse impact on achieving applicable ambient air quality standards; and (2) encourage development and production of such model. Limits (to one-half the average original actual life for each class or category of motor vehicle or motor vehicle engine) the period of use which the Administrator is authorized to determine as appropriate for specified provisions relating to the "useful life" of such vehicles or engines. Provides that future regulations affecting the manufacture, distribution, or sale of motor vehicles or engines for high altitude areas of the United States: (1) shall include the exemptions provided in regulations for model year 1982; and (2) may provide specified high-altitude performance adjustments. Prohibits any regulation requiring a percentage of reduction in emissions from high altitude motor vehicles greater than that required for non-high altitude motor vehicles. Prohibits regulations applying a numerical standard for determination of such percentage reduction for high altitude vehicles more stringent than that for non-high altitude vehicles. Requires that such regulations provide for a percentage reduction in emissions for high-altitude vehicles or engines that is determined by comparing any proposed high-altitude emission standard to high-altitude emissions from vehicles manufactured during model year 1970, but prohibits such regulations from containing standards less stringent than 11 gpm of carbon monoxide from light-duty high-altitude vehicles and engines manufactured during or after model year 1982. Prohibits regulations requiring that any emission control device or element of design needed to meet the applicable emissions standards under high altitude conditions also be installed on motor vehicles or engines intended for principal use in non-high altitude locations. Includes among prohibited acts the failure or refusal by any manufacturer to comply with EPA requests for information for a study relating to the availability and distribution to motor vehicle dealers located at high altitudes of models of new light-duty motor vehicles. Revises provisions for compliance testing and conformity certification to direct the Administrator to reliably evaluate or require reliable evaluation of (but not necessarily to test or require testing of): (1) any new motor vehicle or new motor vehicle engine submitted by a manufacturer; and (2) any emission control system incorporated in a vehicle or engine submitted by any person. Repeals a one-year maximum limit on the period which a certificate of conformity may cover. Directs the Administrator to establish an acceptable quality level for all new motor vehicles equivalent to the level applicable to 1981 model year light-duty vehicles. Repeals a requirement that a all light-duty vehicles manufactured during and after model year 1984 comply with specified emission standards regardless of the altitude at which they are sold. Prohibits the Administrator, in administering compliance testing and certification provisions, from requiring a manufacturer to test or to assume the cost of testing any motor vehicle if: (1) the projected sales for the model year will not exceed 500; and (2) such vehicle incorporates an engine and emission control system which have been used in a motor vehicle for which a certificate of conformity has been issued. Revises provisions for compliance by vehicles and engines in actual use to base determinations of nonconformity with regulations by any class or category of vehicles and engines manufactured after a specified date upon the average performance in testing a representative sample. Permits manufacturers to elect to take other actions, in lieu of remedying such nonconformity, with respect to those or other vehicles or engines, consistent with the purposes of title II of the Act. Prohibits manufacturers from including together in the same such actions: (1) both gasoline and diesel-fueled vehicles or engines; or (2) both light-duty and heavy-duty vehicles or engines. Directs the Administrator to consider the effects on competition, in approving a manufacturer's plan to remedy or take other actions with respect to such nonconformity. Repeals a requirement that dealers furnish purchasers of new light-duty motor vehicles certificates of conformity with applicable emission standards, including notice of purchaser warranty rights. Provides that, in the case of any new motor vehicle or engine designed to comply with State emission control standards for which a waiver of Federal standards has been granted, compliance with such States standards shall be treated as compliance with applicable Federal standards. Repeals a provision requiring that there be a State-instituted motor vehicle inspection and maintenance (I and M ) program in nonattainment areas of a State before authority relating to high-altitude performance adjustments may be available to such State. Provides that specified foregoing amendments made by this title shall take effect with respect to vehicles and engines manufactured in model years beginning more than 60 days after the enactment of this Act. Directs the Administrator to initiate a study and related proceedings, including appropriate informal public hearings, to: (1) develop alternative and practicable approaches to emission control of any air pollutant, subject to such regulation, from new motor vehicles or engines; and (2) evaluate the existing control program. Sets forth the factors to be considered by the Administrator concerning such alternative approach. Requires that a report of such study, including public comments, be submitted to the appropriate committees of the Congress within one year. Sets forth criteria for proposed regulations under any such alternative approach. Prohibits promulgation of such regulations except after final rulemaking as required by this Act and pursuant to legislation reported from the appropriate committees of Congress and enacted either after the date of submission of the report of the study or after the date of submittal of the regulations to the Congress. Repeals a requirement that manufacturers warrant that new motor vehicles or engines are: (1) designed, built, and equipped so as to conform with emissions standards at the time of sale; and (2) free from defects in materials and workmanship which cause failure to conform during the period of useful life. Requires, instead, a production warranty that the vehicle or engine is: (1) equipped with emission control components designed to enable such vehicle or engine to conform at the time of sale with emissions standards; and (2) free from defects in materials and workmanship which cause failure to conform for the first 24 months or the first 24,000 miles, whichever occurs first. Repeals provisions for motor vehicle or engine parts certifications by manufacturers or rebuilders for compliance with emissions standards. Limits a free replacement obligation of manufacturers to emissions control components installed for the sole (currently, sole or primary) purpose of reducing vehicle emissions. Limits specified peformance warranties to: (1) the first 24 months or 24,000 miles; and (2) certain components installed for the sole purpose of emissions control. Revises provisions for manufacturers' instructions for the maintenance, replacement, and repair of emission control parts or components to eliminate requirements that: (1) such instructions correspond to regulations promulgated by the Administrator of the Environmental Protection Agency; and (2) the replacement parts be certified. Eliminates provisions for waivers of a prohibition against including conditions on the purchaser's using components for services unconnected with the manufacturer. Prohibits States from establishing or enforcing a warranty or prescribed maintenance requirement for new motor vehicles or engines unless such warranty or requirement is identical to the corresponding Federal warranty or prescribed maintenance requirement. Permits a person to remove, disconnect, alter, or render inoperative an emission control part on a motor vehicle if the part is replaced with a part which performs the same function or if such action is temporarily necessary for the repair or maintenance of such part or vehicle. Prohibits the sale or offer of sale, of any part or component principally used to render inoperative or alter emission control parts or components of motor vehicles or engines so as to cause the vehicle or engine to exceed applicable emission standards. Expresses the intent of the Congress that the Administrator: (1) not rely on letters and internal memoranda for guidance to those affected by such tampering prohibitions; and (2) promulgate regulations or a general policy statement to provide guidance to those affected and to ensure uniform compliance. Exempts communications regarding any part, component, system, or service provided without charge under the terms of the purchase agreement from specified prohibitions against manufacturer's communications conditioning warranty coverage on use of certain products or services. Prohibits State new motor vehicle emission standards in nonattainment areas from including any provision similar to the production or performance warranty provisions under the Act. Sets forth provisions for the control of marine vessel emissions as mobile source emissions. Directs the Administrator, in consultation with the Secretaries of Commerce, State, Defense, Transportation, and the Department in which the Coast Guard is operating, and with the States, to study and investigate air pollutant emissions from marine vessels to determine: (1) the extent to which such emissions affect air quality; and (2) the technological feasibility of controlling such emissions. Requires that the results of the study be available for public comment at least 90 days prior to publication and that publication be within 12 months after enactment of this Act. Directs the Administrator, in consultation with the States and the Secretary of the Department in which the Coast Guard is located, to issue proposed emission standards for any class or classes of vessels causing or contributing to air pollution which may reasonably be anticipated to endanger public health or welfare. Directs the Administrator to hold public hearings with respect to such proposed standards and to promulgate regulations establishing such standards, with appropriate modifications. Authorizes revision of such standards. Requires that such regulations take effect after a period necessary to permit development and application of requisite technology, with appropriate consideration given to the cost of compliance. Provides that any such regulation shall not apply if disapproved by the President on the basis of a finding, after notice and opportunity for public hearing, by the Secretary of the Department in which the Coast Guard is operating that such regulation would create a hazard to vessel safety. Directs the Secretary of the Department in which the Coast Guard is operating: (1) after consultation with the Administrator and the Secretary of Defense, to prescribe regulations to insure compliance with emission standards for marine vessels; and (2) to insure that all necesary inspections are accomplished. Prohibits State or local government enforcement of standards for control of marine vessel air pollutant emissions unless such standards are identical to those applicable under the marine vessel emissions provisions of this Act. Directs the Administrator, upon the request of any national association of motor vehicle dealers with a membership which includes a majority of U.S. retail franchisers selling imported and domestic new light-duty motor vehicles, to compile data relating to the availability and distribution to dealers located at high altitudes of all models of such vehicles manufactured by any specified manufacturer in a specified model year. Authorizes the Administrator to utilize specified information and to require manufacturers to submit relevant information (except information identifying shipments to individual dealers). Directs the Administrator, within 180 days after such a request is made, to submit to the Congress and publish in the Federal Register a report setting forth the data so compiled, including specified information. Directs the Administrator to: (1) accelerate ongoing studies of performance of methanol and other low-emission fueled vehicles; (2) evaluate and monitor ongoing experiments by other entities; (3) assess the cost effectiveness of such alternatives to gasoline; and (4) determine emission characteristics in methanol and other low-emission fueled engines. Directs the Administrator,if such study results are favorable, to develop a policy to encourage conversion of commercial and governmental vehicle fleets to low-emission fuels. Directs the Administrator to report the results of such studies to the appropriate committees of the Congress.
United States · United States Congress · 30 March 1982
Amends the Endangered Species Act of 1973 to authorize appropriations to the Department of Commerce for FY 1983 and 1984 to carry out such Act.
Germany · German Bundestag · 26 March 1982
United States · United States Congress · 24 March 1982
Amends the Clean Water Act to declare that "discharge of a pollutant or pollutants" does not include effects upon water quality resulting solely from the impoundment of waters, or the release of impounded waters, or the methods of such release.
United States · United States Congress · 24 March 1982
Clean Air Reauthorization and Acid Precipitation Study Act of 1982 - Amends the Clean Air Act ("the Act"). Title I: Implementation Plans and Enforcement - State Implementation Plans (SIPs) and the SIP revision Process - Revises required State Implementation plans (SIPs) provisions. Directs a State to notify the Administrator of the Environmental Protection Agency (EPA) of proposed and adopted revisions to its SIP and of any comments or objections filed concerning such revisions. Directs the Administrator to: (1) submit to the State comments on the technical and legal sufficiency of any proposed revision; (2) publish notice of a revision in the Federal Register within 30 days of receipt of notice of State adoption of the revision; and (3) provide a period of 30 to 70 days for public comment. Provides that any SIP revision shall be deemed approved and become effective 90 days after publication in the Federal Register, unless the Administrator, upon considering the State's administrative proceeding record and public comments, disapproves on the basis of failure to satisfy specified requirements. Directs the Administrator to publish notice of such approval or disapproval. Permits the Administrator to: (1) extend the periods for public comment and for approval, by up to 60 days; and (2) hold public hearings on SIP revisions. Provides that an SIP approval shall not be effective unless the Administrator finds, and publishes, that the State's response to any objection filed both during the State's proceedings and the Administrator's public comment period was not arbitrary or capricious. Repeals the requirement that SIPs provide for periodic inspection and testing of motor vehicles to enforce compliance with applicable emission standards. Prohibits the Administrator from requiring, as a condition of SIP approval, any indirect source review program or, except as specified in provisions for nonattainment areas, any program of periodic inspection and testing of motor vehicles. Permits States to include, and the Administrator to approve, such programs in SIPs. New Source Performance Standards - Limits the applicability of the percentage reduction requirement for new fossil fuel fired stationary sources to those categories of stationary sources to which such requirement were applied under regulations in effect as of December 31, 1981. Provides that NSPS apply only to stationary source construction or modification commenced after NSPS regulations are promulgated (currently, proposed). Enforcement - Provides a one-year period for compliance after issuance of specified Federal enforcement orders (not including Federal orders relating to violations of national emission standards for hazardous air pollutants or State enforcement orders). Repeals a requirement that the Administrator seek an injunction or assess a civil penalty in the case of any major stationary source not in compliance within 30 days of such a Federal enforcement order. Provides discretionary authority for the Administrator to seek injunctions or assess penalties any case of noncompliance which last beyond 30 days enforcement orders (and continues such discretionary authority in cases not involving major stationary sources). Directs the Administrator to carry out specified enforcement authorities through the use of full-time Federal officers or employees. States that contractors should be used only as necessary to provide technical support for such enforcement. Prohibits the Administrator from contracting with anyone other than a full-time Federal officer or employee to provide legal assistance for such enforcement. Revises enforcement provisions relating to major stationary sources which burn petroleum products or natural gas to cover such sources which voluntarily convert to an alternate fuel. Includes other alternate fuels under the enforcement provisions which currently cover conversion to coal by such sources. Requires (currently allows) each State to develop and submit to the Administrator a plan for carrying out noncompliance penalty provisions in such State. Repeals the authority of the Administrator to carry out noncompliance penalty provisions in a State under certain conditions. Authorizes (currently requires) the State, or the Administrator if the State has not received a delegation, to carry out penalty provisions to assess and collect a noncompliance penalty in specified circumstances. Authorizes the State to grant exemptions from penalties in cases of minor noncompliance (and continues the authority of the Administrator, when appropriate, to do so). Repeals a requirement that the Administrator send notices of noncompliance to specified persons, in the event the State fails to send such notices. Requires persons receiving such notices to submit a calculation of the amount of penalty owed and a schedule of payments within a reasonable period prescribed by the Administrator or the State (currently requires such submission within 45 days of notice issuance or petition denial). Makes a similar change in the deadline for submissions of petitions challenging such notice or alleging entitlement to an exemption. Provides that public hearings on such petitions be conducted by the Administrator or the State, as appropriate, and that decisions on such petitions be made within a reasonable time (currently requires the Administrator to hold such hearings unless the State agrees to do so and currently requires a decision within 90 days after receipt of the petition). Repeals provisions authorizing the Administrator to review State decisions on such petitions and requiring such review under certain conditions. Authorizes the State or the Administrator, as appropriate, to adjust or compromise any penalty assessment if the source is in compliance. Repeals provisions for: (1) final adjustments of penalties after compliance; and (2) Administrator objections to, and substitutions for, State noncompliance penalties. Revises requirements for noncompliance penalty assessed amount determinations and payment schedules. Authorizes the Administrator, after notice and public hearing, to revoke or suspend any delegation under noncompliance penalty provisions upon determination that a State is not complying with such provisions. Attainment Date Extensions - Permits States to receive up to five-year extensions beyond the December 31, 1982, national primary ambient air quality standard ("primary NAAQS") attainment date for pollutants in nonattainment areas (currently the Act permits such extensions for carbon monoxide and photochemical oxidants). Requires, in order to receive such extensions, that a State: (1) certify to the Administrator that attainment is not possible before December 31, 1982, despite implementation of all reasonably available measures; and (2) commit itself to not modifying State nonattainment plan provisions so as to adversely affect reasonable further progress. Directs the Administrator to publish notice of such certification and afford an opportunity of not more than 60 days for public comment, including a hearing where appropriate. Directs to Administrator, if satisfied that such attainment is not possible, to extend the deadline to a date providing for attainment as expeditiously as possible, but not later than December 31, 1987. Grants the Administrator discretionary authority, upon State application and after notice and public hearing, to provide an additional extension of an attainment date for any NAAQS, for up to six years beyond the December 31, 1987 extension. Conditions such additional extensions on a State demonstration that: (1) the State has made good faith efforts to make reasonable further progress toward attainment during the previous extension period and has achieved annual incremental reductions in emissions of the air pollutant concerned; (2) all applicable SIP provisions, including those relating to legislative and funding actions and reasonably available control technology (or alternative measures that achieve equal or greater reductions in emissions) are being adequately implemented; (3) air quality problems are so severe and persistent, for identified reasons, that the previous extended deadline cannot be attained; and (4) in the case of requests for additional extensions for carbon monoxide or photochemical oxidants, the State has adopted and will implement in a cost- effective manner a program of motor vehicle inspection and maintenance not inconsistent with the purposes and requirements of title II (Emissions Standards for Moving Sources) of the Act. Directs the Administrator to promulgate guidelines for SIP revisions, including guidelines respecting the terms of such additional extensions. Authorizes the Administrator to prohibit issuance of a construction or modification permit for any major stationary source which emits a pollutant for which a NAAQS has not been attained by the appropriate deadline. Permits case-by-case waivers of such prohibition for the construction of any new stationary source to replace an existing stationary source, upon determination by the permitting authority that emissions from the new source of each air pollutant for which the area is designated a nonattainment area will be less than such emissions from the existing source. Directs the Administrator to: (1) enforce such permit requirements by issuing an order or bringing a civil action; and (2) seek an injunction or assess a civil penalty for violations of such prohibitions against construction or modification. Nonattainment (other amendments) - Revises other part D provisions for permit requirements in nonattainment areas to require that proposed new or modified major stationary sources comply with the best available control technology (BACT) standard, in the case of permits issued on or after the enactment date of this Act (compliance with the lowest achievable emission rate (LAER) standard is thus required only for permits issued before such date). Repeals a requirement that SIP provisions for nonattainment areas establish a specific schedule for implementation of a vehicle emission control inspection and maintenance (I/M) program in order to qualify for a deadline extension in meeting the primary NAAQS for photochemical oxidants or carbon monoxide. Requires that SIP nonattainment provisions for urban areas with greater that 500,000 population, in which the 1981 photochemical oxidants and/or carbon monoxide level exceeded the respective primary NAAQS by 50 percent or more, must contain a cost-effective program applicable to in-use motor vehicle emissions and not inconsistent with title II (Emission Standards for Moving Sources) of the Act. Requires that such program include an I/M program, if the State deems this appropriate. Allows a State to decide that the I/M program will apply first to motor vehicle fleets and commercial operators and then, when the State determines necessary for attainment, to other vehicles. Permits any State to: (1) continue an I/M program for any nonattainment area which does not fall under the new requirements concerning urban areas with the above-mentioned population and pollution areas; or (2) submit revisions to modify or eliminate such program. Makes specified emissions level requirements for construction and operation in nonattainment areas inapplicable in the case of any SIP under which: (1) the construction or modification of specified stationary sources is required to comply with the best available control technology (BACT) standard; (2) an adequate emissions inventory is maintained; (3) all existing major stationary sources will be in compliance with emission limitations based upon reasonably available control technology (RACT) not later than 1987 (or earlier, as appropriate); (4) notwithstanding the construction of new major stationary sources, there is a program for obtaining such annual reductions in emissions as represent reasonable further progress; and (5) annual increased emissions resulting from source construction or modification shall not exceed one percent of the inventoried emissions of the applicable pollutant in the nonattainment area. Provides that the Administrator shall apply on a gradual or partial basis the authority to withhold Federal grant funds for sewage treatment and highways in cases of noncompliance with the Act as appropriate to the severity of such violations. 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 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.) Repeals the "increment" limitations (specified "maximum allowable increases over baseline concentrations") for class II and class III areas. Eliminates the short-term increment limitations for class I areas. Permits State Governors to rule that concentrations of particulate matter attributable to fugitive dust from specified sources shall not be taken into account in determining compliance with maximum allowable increases in ambient concentrations. Eliminates provisions for PSD area redesignations as class III areas. Provides that PSD preconstruction requirements shall only apply to physical or operational changes resulting in a significant net increase in source emissions of any air pollutant regulated under provisions for NAAQS, NSPS, or NESHAPs. Sets a de minimis amount for such increase at 100 tons per year (1,000 tons per year of carbon monoxide) for any air pollutant for which a NAAQS is established (except lead) and 18 tons per year for fluorides. Revises PSD preconstruction review analysis requirements to grant discretion to the permitting authority in determining whether continuous air quality monitoring data is necessary to determine whether emissions from a facility will exceed maximum allowable increases (class I area increments) or maximum allowable concentrations (primary and secondary NAAQS). Requires PSD preconstruction permit programs to: (1) notify applicants within two months after receipt as to whether or not the application is complete and in what respects an incomplete application should be modified; and (2) issue or deny the permit within seven months after a completed application is received. Authorizes any officer or employee of a permitting agency to communicate and meet with any applicant, prior to submission of an application, to clarify PSD preconstruction permit requirements. Eliminates the requirement that PSD regulations for hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides contain measures at least as effective as the "increment" limitations for sulfur oxides and particulate matter. Provides that the Administrator shall promulgate PSD regulations, as appropriate, for any such pollutant (thus repealing a specific deadline for such regulations). Deletes the requirement that the specific measures included in such regulations to evaluate permit applications be "numerical." Eliminates the special definition of "best available control technology" (BACT) for purposes of PSD provisions. Defines BACT for purposes of the Act to mean the applicable New Source Performance Standards (NSPS) (the EPA-set technology-based standards for categories of industries), along with applicable national emission limitation standards for hazardous air pollutants (NESHAPs). Retains determination of the BACT by the permitting authority on a case-by-case basis where no NSPS exists for a stationary source in a particular category. Allows State and local governments to adopt or enforce standards or limitations more stringent than the BACT standard. Visibility Protection - Limits the applicability of specified visibility protection provisions to: (1) "significant" impairments of visibility within mandatory class I Federal areas; and (2) "significant" adverse impacts on air quality related values (including visibility) on lands within class I areas. Operation and Maintenance - Requires that SIPs include a program for periodic audits of major stationary sources to insure the proper operation and maintenance of pollution control equipment used to comply with emission limitations. Requires that the results of such audits be available to the public. Sets a deadline, six months after enactment of this Act, for submission of SIP revisions taking account of such requirements. Emergency Variances - Revises provisions for emergency variances from any SIP requirement applicable to a stationary source. Authorizes the President to issue such variances. Permits such variances to be issued when foreign imports of fuels used by a stationary source have reached an excessive level and such imports can be reduced by the emergency suspension. Increases the maximum period for such temporary emergency suspensions to two years (currently four months), but prohibits any such suspension remaining in effect for more than four months if it results in a violation of any NAAQS. Requires the person (a State Governor or the President) issuing any suspension for a period of more than four months to revoke such suspension upon determination that the stationary source did not change to an alternative fuel. Administrative Review - Revises provisions relating to international air pollution. Directs the Administrator to: (1) publish notice in the Federal Register upon receipt of specified information or allegations about such pollution originating in the United States; (2) receive public comments and conduct an investigation including public hearings respecting such pollution; and (3) make a finding as to whether any air pollutant emitted in the United States causes or contributes to air pollution in a foreign country. Provides that any finding that U.S. emissions cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare in a foreign country shall be deemed to be a finding which requires an SIP revision. Regulatory Stability - Sets forth regulatory stability provisions establishing a ten-year "grandfather" period, commencing with construction or modification, during which a stationary source (unless subsequently modified) shall not be subject to more stringent requirements if the construction or modification is subject to NSPS, obtains a permit or approval, and meets all permit or approval requirements. Excludes from such "grandfather" provision any emission limitation or standard imposed on any stationary source with respect to: (1) hazardous pollutants designated under NESHAP provisions; (2) pollutants with no NAAQS in effect at commencement of the construction; or (3) any other air pollutant, if the Administrator judges that the public health or welfare may be endangered. Effective Data and Transitional Rules - Sets forth an effective date and transitional rules for the amendments relating to Nonattainment provisions and to PSD provisions. Title II: Ozone Protection - Revises ozone protection provisions of the Act. Directs the Administrator of the Environmental Protection Agency to continue ozone protection studies and research while increasing actual measurements of stratosphere ozone and improving methods of monitoring 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 stratospheric ozone concentration (with particular attention to the effects of chlorofluorocarbons); (3) investigate unreasonable 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 and annually therafter until such time as the theory of ozone depletion by chlorofluorocarbons has has been validated, 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 continuing research and monitoring programs be expanded to determine the extent, nature, causes, effects, and associated uncertainties of stratospheric ozone concentration changes. Directs the President, within two years from the date of 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. Prohibits the Administrator from proposing further regulations for the control in the United States of any chlorofluorocarbon under the Act or the Toxic Substance Control Act until: (1) the Administrator determines that depletion of the stratospheric ozone by chlorofluorocarbons at a rate determined to be eventually harmful to human health and the environment is actually detected; or (2) the President reports 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. Provides that this Act shall not affect: (1) the validity of regulations concerning aerosol propellants containing chlorofluorocarbons promulgated by the Administrator before the effective date of this Act; or (2) the Administrator's obligation to comply with other applicable requirements in adopting regulations for the control of chlorofluorocarbons. Prohibits States or local governments from adopting or attempting to enforce any regulation (except ones controlling halocarbon use as an aerosol propellant) respecting the control of chlorofluorocarbons to protect the stratosphere or stratospheric ozone until the Administrator has promulgated regulations for such control in the United States. Title III: Authorization of Appropriations - Authorizes appropriations to the Administrator for FY 1983 through FY 1987. Provides for sums necessary for: (1) the Administrator and the States to effectively carry out the Act's provisions, including training of State and local personnel, enforcement, abatement, and control, consideration of SIPs and revisions, and audits; and (2) sufficient funding for personnel for the Administrator to carry out the Act, particularly its regulatory functions, without undue reliance on contractors. Requires that such authorization not be less than the appropriations authorized in fiscal year 1981 to carry out the Act (except provisions relating to the National Commission on Air Quality). Prohibits the Administrator from using any funds appropriated under the Act for any payment for a reduction-in-force in any fiscal year. Directs the Administrator to inform the appropriate committees of the Congress of the reasons for such reduction, its impact on carrying out the Act, and other detailed or pertinent information, at least 30 days prior to issuing any general notice of such reduction. Declares that nothing in this title shall authorize appropriations for any research and development activities under the Act. Title IV: Acid Precipitation Study - Amends the Energy Security Act (title VII provisions also known as the "Acid Precipitation Act of 1980") to reduce the period covered by a comprehensive research plan from ten years to five years. Makes conforming amendments relating to implementation of, and authorization of appropriations for, the comprehensive research plan. Directs the Acid Precipitation Task Force to submit a final report, with detailed recommendations, within five years of enactment of the Energy Security Act. Authorizes the Administrator of the Environmental Protection Agency to submit recommendations, to accompany the final report of the Task Force, for specific changes in law supported by scientific findings of the Taks Force. Prohibits the Administrator from proposing or promulgating any rule to control sulfur dioxide or nitrogen oxide emissions if such rule would expand the Administrator's existing regulatory authority, before the final report is transmitted. Directs the Task Force to: (1) study fuel precombustion treatment and low-polluting combustion processes for reduction of sulfur dioxide and nitrogen oxide emissions; and (2) solicit information from State agencies conducting acid deposition research.
United States · United States Congress · 24 March 1982
Hazardous Waste Management Act of 1982 - Amends the Solid Waste Disposal Act to prohibit the landfill disposal of any hazardous waste in liquid form or having any liquid content, whether or not such waste is mixed with solid or partially solid hazardous waste, and whether or not such waste is placed in containers before disposal in the landfill. Prohibits the landfill disposal of the following, except where there is no feasible alternative means of treatment, recovery, or disposal which will protect human health and the environment: (1) hazardous wastes that are known to possess the chemical or physical-chemical ability to penetrate the clay and synthetic membrane liners used at the landfill; and (2) acute hazardous wastes. Sets forth the effective dates of the prohibitions contained in this Act.
United States · United States Congress · 22 March 1982
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to: (1) extend the duration of the scientific advisory panel through FY 1984; and (2) authorize specified appropriations through FY 1984.
United States · United States Congress · 18 March 1982
Amends the Outer Continental Shelf Lands Act Amendments of 1978 to increase the scope of liability of owners and operators of offshore facilities.
United States · United States Congress · 15 March 1982
Amends the Clean Air Act to repeal the requirement that new fossil fuel fired stationary sources of air pollution comply with a standard of performance which requires a percentage reduction in air pollutant emissions. Revises provisions for standards of performance for new stationary sources (NSPS) to direct the Administrator of the Environmental Protection Agency to take into consideration the cost of achieving the degree of emission limitation required by the NSPS, energy impact, and any environmental effects unrelated to air quality. Removes the requirement that the system of continuous emission reduction under NSPS be a "technological" system or process. Includes in the definition of such system or process the use of inherently low-polluting fuels or raw materials. Permits application of such amended requirements to fossil fuel fired electric utility steam generating units which were constructed or modified after September 18, 1978, and before the publication of regulations reflecting the amendments made by this Act.
United States · United States Congress · 9 March 1982
Amends the Federal Water Pollution Control Act to direct (currently authorizes) the Secretary of the Army, acting through the Chief of Engineers, to issue permits for the discharge of dredged or fill material into navigable waters at a disposal site specified by the applicant (currently specified by the Secretary), unless the Secretary determines that such site cannot be specified through the application of certain guidelines or other considerations. Limits the definition of "navigable waters" for purposes of such permits to mean all waters which are presently used or are susceptible to use in their natural condition as a means to transport interstate or foreign commerce shoreward to their ordinary high water mark, including all U.S. waters which are subject to the ebb and flow of the tide shoreward to their mean high water mark. Declares that the discharge of dredged or fill material in waters other than navigable waters (as limited by such definition) is not prohibited by or otherwise subject to regulation under any Act of Congress. Declares that these amendments shall be effective as of March 27, 1975. Revises procedures for application of the provisions of this Act by a State requesting Federal jurisdiction over nonnavigable waters. Repeals provisions relating to State permit programs for the discharge of dredged or fill material into other types of navigable waters. Eliminates the qualifying phrase "to the maximum extent practicable" from the requirement that specified agreements between Federal agencies assure that decisions on permit applications be made within 90 days of published notice.
Germany · German Bundestag · 5 March 1982
United States · United States Congress · 4 March 1982
Expresses the sense of the Congress that: (1) the Environmental Protection Agency (EPA) should maintain a strong commitment to the proper handling and storage of hazardous wastes; and (2) the Administrator of the EPA should maintain and enforce existing regulations regarding the management of containerized liquid hazardous wastes until new or revised regulations become effective.
United States · United States Congress · 2 March 1982
Amends the Clean Air Act to revise provisions for national emission standards for hazardous air pollutants (NESHAPs). Directs the Administrator of the Environmental Protection Agency (EPA) to determine, after notice and opportunity for public hearing, whether or not each of 37 substances (listed in a specified publication of congressional oversight hearings) is a hazardous air pollutant. Requires that each of the 37 substances be included on the NESHAPs list (of substances for which NESHAPs are to be established), unless the Administrator has determined that any of the 37 substances is not a hazardous air pollutant. Requires that the NESHAPs listing determinations for these 37 substances be made within one year of the enactment of this Act. Directs the Administrator, in the case of substances other than those 37 substances, to make determinations within 180 days after receipt of information which indicates that a substance may be a hazardous air pollutant, after notice and opportunity for public hearing. Permits, but does not require, the Administrator to make a new determination in the case of any substance which the Administrator has previously determined not to be a hazardous air pollutant. Requires that any substance which the Administrator determines to be a hazardous air pollutant be included on the NESHAPs list. Directs the Administrator to publish a list of each category of stationary sources which emit in any significant amounts any hazardous air pollutant included on the NESHAPs list. Requires that specified categories be included in the source categories list and that such list be published 15 months after enactment of this Act for certain categories and 18 months after such enactment for other categories. Directs the Administrator to publish a revised source categories list within one year after any revision in the NESHAPs list. Authorizes the Administrator to revise the source categories list at such other times as may be necessary. Directs the Administrator to publish proposed emission standards for new stationary sources in each source category listed, within 30 months of enactment of this Act for certain categories and within 42 months of such enactment for other categories. Directs the Administrator to promulgate such standards within six months after such publication. Directs the Administrator to revise such standards where appropriate following periodic review to be completed within ten years from the date of promulgation. Provides that such standards shall apply to each hazardous air pollutant on the NESHAPs list which is emitted in significant amounts from sources in such category. Requires that such emission standards (for new stationary sources in each source category listed for NESHAPs purposes) be established at the more stringent of: (1) the greatest degree of emission reduction achievable through application of the best system of continuous emission reduction which the Administrator determines is available, taking account of costs, health and environmental impacts, and energy requirements; or (2) the most stringent emission limitation achieved in practice by other sources in the same, or a similar, category. Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources for purposes of establishing such standards. Sets forth a schedule for completion of specified actions required after enactment of this Act: (1) one year for making the NESHAPs listing determination for the 37 substances; (2) 15 months for publishing the source categories list for certain categories and 18 months for other categories; (3) 30 months for proposing emission standards for certain source categories and 42 months for other categories; and (4) six months after such proposal for promulgation of such standards. Provides that no time period under such schedule may be delayed or modified by any petition to the Administrator or by any action brought in any court. Declares that completion of such actions according to such schedule is a nondiscretionary duty of the Administrator. Permits citizen suits against the Administrator in cases of failure or refusal to comply with such schedule. Allows such suits to commence ten days after the plaintiff has given notice of the violation to the Administrator. Prohibits any construction of any new source or modification of any existing source of any hazardous air pollutant on the NESHAPs list where such construction or modification will increase (after the application of federally enforceable emission limitations) the emission of such hazardous air pollutant by a significant amount unless such source is required to comply with an emission standard established on a case-by-case basis by the Administrator (or a State, if delegated). Directs the Administrator to establish a standard for each source at the level which provides an ample margin of safety to protect public health from the hazardous air pollutant, unless the Administrator makes and publishes a detailed finding that such a standard is not economically or technologically practicable. Requires, where such a finding is made, that an individual new or modified source case-by-case standard: (1) be established according to the same criteria as source category standards; and (2) be no less stringent than any applicable source category standard. Provides for the delegation to States of the implementation and enforcement of emission standards for hazardous air pollutants for new or modified stationary sources. Directs the Administrator to establish a procedure, similar to that for State implementation plans (SIPs), under which each State shall submit a plan which: (1) establishes emissions standards for each hazardous air pollutant on the NESHAPs list for each existing source to which a NESHAPs emissions standard would apply if such existing source were a new source; and (2) provides for implementation and enforcement of each such standard as expeditiously as practicable, but not later than three years after establishment of such standard. Permits States to consider the remaining useful life of the existing source in applying such a standard. Authorizes the Administrator to prescribe or enforce provisions of such plans where a State fails to do so. Makes it unlawful for any owner or operator of any stationary source to operate such source in violation of any applicable standard under these revised NESHAPs provisions. Eliminates that part of the definition of "hazardous air pollutant" which requires that no national primary ambient air quality standard be applicable to such pollutant (but retains consideration of increased mortality or morbidity in such definition).
European Union · European Commission · 1 March 1982
United States · United States Congress · 22 February 1982
Clean Air Act Amendments of 1982 - Amends the Clean Air Act ("the Act") to revise stationary source, mobile source, and other provisions of the Act. Title I: Amendments Relating Primarily to Stationary Sources - Fine and Inhalable Particulates - Directs the Administrator of the Environmental Protection Agency (EPA) to issue air quality criteria and information for inhalable particulates (less than 10 to 15 microns in diameter) within one year of enactment of this Act. Directs the Administrator to propose and promulgate a national primary ambient air quality standard ("a primary NAAQS") for inhalable particulates, unless there is no significant evidence that this is requisite to protect public health. Directs the Administrator to determine whether or not fine particulates (less than 3 microns in diameter) should be listed among those air pollutants for which the issuance of air quality criteria is planned. Provides that State implementation plan (SIP) provisions which related to a prior NAAQS and were in effect immediately before the revision or elimination of such NAAQS shall remain in effect until the Administrator determines that an SIP revision has been implemented which takes account of such NAAQS change. Hazardous Air Pollutants - Revises provisions for national emission standards for hazardous air pollutants (NESHAPs). Directs the Administrator to determine, after notice and opportunity for public hearing, whether or not each of 37 substances (listed in a specified publication of congressional oversight hearings) is a hazardous air pollutant. Requires that each of the 37 substances be included on the NESHAPs list (of substances for which NESHAPs are to be established), unless the Administrator has determined that any of the 37 substances is not a hazardous air pollutant. Requires that the NESHAPs listing determinations for these 37 substances be made within one year of the enactment of this Act. Directs the Administrator, in the case of substances other than those 37 substances, to make determinations within 180 days after receipt of information which indicates that a substance may be a hazardous air pollutant, after notice and opportunity for public hearing. Permits (currently, the Administrator is required) the Administrator to make a new determination in the case of any substance which the Administrator has previously determined not to be a hazardous air pollutant. Requires that any substance which the Administrator determines to be a hazardous air pollutant be included on the NESHAPs list. Directs the Administrator to publish a list of each category of stationary sources which emit in any significant amounts any hazardous air pollutant included on the NESHAPs list. Requires that specified categories be included in the source categories list, and that such list be published 15 months after enactment of this Act for certain categories and 18 months after such enactment for other categories. Directs the Administrator to publish a revised source categories list within one year after any revision in the NESHAPs list. Authorizes the Administrator to revise the source categories list at such other times as may be necessary. Directs the Administrator to publish proposed emission standards for new stationary sources in each source category listed within 30 months of enactment of this Act for certain categories and within 42 months of such enactment for other categories. Directs the Administrator to promulgate such standards within six months after such publication. Directs the Administrator to revise such standards where appropriate following periodic review. Requires such periodic review to be completed within ten years of the date of promulgation of such standards. Provides that such standards shall apply to each hazardous air pollutant on the NESHAPs list which is emitted in significant amounts from sources in such category. Requires that such emission standards (for new stationary sources in each source category listed for NESHAPs purposes) be established at the more stringent of: (1) the greatest degree of emission reduction achievable through application of the best system of continuous emission reduction which the Administrator determines is available, taking account of costs, health and environmental impacts, and energy requirements; or (2) the most stringent emission limitation achieved in practice by other sources in the same, or a similar, category. Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources for purposes of establishing such standards. Sets forth a schedule for completion of specified actions required after enactment of this Act: (1) one year for making the NESHAPs listing determination for the 37 substances; (2) 15 months for publishing the source categories list for certain categories, and 18 months for other categories; (3) 30 months for proposing emission standards for certain source categories, and 42 months for other categories; and (4) six months after such proposal for promulgation of such standards. Provides that no time period under such schedule may be delayed or modified by any petition to the Administrator or by any action brought in any court. Declares that completion of such actions according to such schedule is a nondiscretionary duty of the Administrator. Permits citizen suits against the Administrator in cases of failure or refusal to comply with such schedule. Allows such suits to commence ten days after the plaintiff has given notice of the violation to the Administrator. Prohibits any construction of any new source or modification of any existing source of any hazardous air pollutant on the NESHAPs list if such construction or modification will increase (after the application of federally enforceable emission limitations) the emission of such hazardous air pollutant by a significant amount unless such source is required to comply with an emission standard established on a case-by-case basis by the Administrator (or a State, if delegated). Directs the Administrator to establish a standard for each source at the level which provides an ample margin of safety to protect public health from the hazardous air pollutant, unless the Administrator makes and publishes a detailed finding that such a standard is not economically or technologically practicable. Requires, where such a finding is made, that an individual new or modified source case-by-case standard: (1) be established according to the same criteria as source category standards; and (2) be no less stringent than any applicable source category standard. Provides for the delegation to States of the implementation and enforcement of emission standards for hazardous air pollutants for new or modified stationary sources. Directs the Administrator to establish a procedure, similar to that for State implementation plans (SIPs), under which each State shall submit a plan which: (1) establishes emissions standards for each hazardous air pollutant on the NESHAPs list for each existing source to which a NESHAPs emissions standard would apply if such existing source were a new source; and (2) provides for implementation and enforcement of each such standard as expeditiously as practicable, but not later than three years after establishment of such standard. Permits States to consider the remaining useful life of the existing source in applying such a standard. Authorizes the Administrator to prescribe or enforce provisions of such plans where a State fails to do so. Makes it unlawful for any owner or operator of any stationary source to operate such source in violation of any applicable standard under these revised NESHAPs provisions. Eliminates that part of the definition of "hazardous air pollutant" which requires that no NAAQS be applicable to such pollutant (but retains consideration of increased mortality or morbidity in such definition). New Source Immunity - Sets forth "new source immunity" provisions establishing a ten-year "grandfather" period beginning with the commencement of construction of any new stationary source or modification of a major stationary source. Provides that, for such period, such sources shall not be required to comply with any emission limitation or standard under the Act which is more stringent than construction or modification permit requirements. Conditions such immunity upon: (1) issuance of a permit, on or after enactment of this Act, under a permit program of an applicable SIP approved by the Administrator; (2) compliance with permit requirements and with all applicable new source performance standards (NSPS); and (3) no subsequent physical change in the source, or change in its method of operation, which increases air pollutant emissions or results in emissions of any air pollutant not previously emitted. Excludes from such immunity any emission limitation or standard imposed on any stationary source with respect to: (1) hazardous air pollutants regulated under NESHAPs provisions; (2) pollutants with no NAAQS in effect at commencement of construction or modification, but for which a primary NAAQS is later promulgated; or (3) any other air pollutant, if the Administrator judges that the public health or welfare may be endangered. Provides that such immunity shall not prevent the imposition of any emission limitation on any individual piece of process equipment not subject to a permit emission limitation based upon the best available control technology (BACT). Acid Rain - Establishes a new program entitled "Interstate Transport and Acid Precursor Reduction." Establishes an "acid deposition region" consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia. Directs the Administrator to: (1) study air pollution problems associated with long-range transport of pollutants in the portions of the continental United States not included in the acid deposition region; and (2) report the results to Congress within two years. Establishes an acid deposition regional target providing for a ten-year phased schedule of reductions to achieve an annual average emission level that is 10,000,000 tons of sulfur dioxide below the 1980 baseline level. Directs the Administrator, within six months, to compute and publish a target and a schedule for each affected State. Permits two or more States to agree to change their share of the sulfur dioxide emissions reduction ("reduction"). Requires that State reduction schedules begin within five years, be substantially complete within eight years, and reach the State target within ten years of enactment of this Act. Sets forth formulas for: (1) State reduction fractions (based on 1980 emissions from electric utility steam generating units); and (2) the 1980 baseline level for the region or any State within the region. Requires States within the region to prepare, publish, and submit to the Administrator, within two years of enactment of this Act, State programs of reduction in accordance with the State schedules. Directs the Administrator to approve State programs, within four months of submission, if such programs: (1) were adopted after public notice, opportunity for hearing, and submission to Governors of the other States in the region; and (2) contain enforceable reduction measures, including emission limitations, monitoring requirements, and compliance schedules. Requires State programs to include enforceable continuous emission reduction measures. Lists some measures that State programs may include. Permits a State or any person subject to State program requirements to substitute a reduction of twice as many units of nitrogen oxide emissions for each unit of required reductions of sulfur dioxide emissions. Provides for an EPA alternative program if a State program: (1) has not been adopted by a State within two years; or (2) has not been approved by the Administrator within two years and four months. Requires, in such cases, that any owner or operator of an electric utility steam generating unit in such State submit, within three years of enactment of this Act, a unit plan and schedule for reductions. Requires unit plans and schedules only from units which: (1) are major stationary sources; (2) are not subject to new source performance standards; and (3) actually emitted, or were permitted to emit, sulfur dioxide during 1980 in excess of a specified rate. Requires that unit plans and schedules provide for a reduction to a specified rate of emissions, according to a phased schedule (beginning within five years, substantially complete within eight years, and finally complete within ten years of the enactment of this Act). Sets forth provisions for approval of unit plans and schedules. Provides that any unit for which a plan has not been submitted and approved must comply with the specified emission limitation within five years of the enactment of this Act. Directs the Administrator to establish a program of purchase and sale of emission reduction credits among stationary sources of sulfur dioxide in five emission reduction credit regions within the acid deposition region. Provides that specified requirements under this Act shall be treated as emission limitation requirements of applicable SIPs. Sets forth procedures for petitions for determination that programs or plans will not meet deadlines and for petitions for review of such determinations or denials. Interstate Air Pollution - Requires that an SIP contain provisions for the establishment of emission limitations to prevent stationary sources within the State from interfering with the ambient air quality of other States. Requires that such SIP provisions conform to the interstate pollution abatement provisions of the Act. Revises interstate pollution abatement provisions to require prior notice to all affected nearby States from each major proposed new (or modified) source which, by itself or in combination with other sources, may interfere with the ambient air quality of another State in a specified manner. Allows any person to petition the Administrator to make a finding that emissions from stationary sources in any State are interfering with the ambient air quality of another State by contributing: (1) concentrations of a pollutant in a nonattainment area; (2) concentrations consuming any part of any maximum allowable concentration or increase over baseline concentrations of a pollutant (under prevention of significant deterioration of air quality (PSD) provisions), in any area which is not a nonattainment area for that pollutant; or (3) to air pollution which may reasonably be anticipated to endanger public health or welfare in such other State. Allows petitions relating to such interference with another State's air quality also to be submitted to the Administrator prior to approval of a SIP or of a construction or modification permit. Prohibits approval in such cases unless the Administrator determines that such interference will not result. Directs the Administrator, within 60 days of receipt of such petition, to make a finding or denial. Directs the Administrator, if such finding is made, to: (1) determine the degree to which sources in each State concerned (including the State adversely affect) contribute to the pollution concentration; and (2) require the SIPs concerned to contain emission limitations and compliance schedules for stationary sources in each State which contribute significantly to such concentrations. Requires that such limitations and schedules reduce such concentrations as promptly as practicable and, in the case of nonattainment areas, not later than the required attainment date for the adversely affected State. Requires that SIPs be revised accordingly within four months of the Administrator's order. Sets forth factors to be taken into account in setting interstate emission limitations at an equitable amount of emission reduction by each source. Allows the establishment of alternative emission limitations for existing sources in accordance with a specified policy. Requires, where appropriate, that construction or modification permits contain interstate emissions limitations established by the Administrator. Sets forth factors which may be taken into account in determining the effect of emissions from sources in any State on air pollution concentrations in any other State. New Source Performance Standards (NSPS) - Directs the Administrator to promulgate (or revise) "new source performance standards" (NSPS) for specified categories of stationary sources. Requires that such NSPS promulgation (or revision) be completed by the end of: (1) FY 1982 for one list of source categories; (2) FY 1983 for a second list; and (3) FY 1984 for a third list. Expedited SIP Revision Process - Directs the Administrator to approve or disapprove any SIP revision within four months of receipt. Qualifies a SIP revision for a special fast-track review (approval after a 30-day public comment period during which no objections are made) if the revision relates only to one or more of specified items. Prevention of Significant Deterioration - Revises provisions (in Part C of title I of the Act) 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 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.) Repeals the "increment" limitations (specified "maximum allowable increases over baseline concentrations") for class III areas. Eliminates provisions for PSD area redesignations as class III areas. Refers, instead, to redesignation as PSD areas other than class I or II areas. Requires States to consult with local governments prior to a PSD area redesignation. Revises PSD preconstruction requirements to replace references to class III areas with references to PSD areas other than class I or II areas. Allows the permitting authority to determine in its discretion the extent to which continuous air quality monitoring data must be included in air quality analyses for preconstruction review purposes. Applies PSD preconstruction requirements only to increases of 100 tons per year of any air pollutant for which there are NAAQS regulations. Eliminates the requirement that each State provide notice to the Administrator of every action related to the consideration of PSD preconstruction permits. Requires PSD preconstruction permit applications to be made available to the public. Requires PSD preconstruction permit programs to: (1) notify applicants within two months after receipt as to whether or not the application is complete and in what respects an incomplete application should be modified; and (2) issue or deny the permit within seven months after a completed application is received. Authorizes any officer or employee of a permitting agency to communicate and meet with any applicant, prior to submission of an application, to clarify PSD preconstruction permit requirements. Directs the Administrator to establish maximum allowable increases ("increment" requirements) for inhalable particulates in class I and II areas whenever the Administrator promulgates a primary NAAQS for such pollutant. Authorizes the Administrator to determine whether such increment requirements shall be in addition to, or in lieu of, the increment requirements established for sulfur dioxide and particulate matter. Requires that inhalable particulates increment requirements bear the same ratio to the primary NAAQS for fine particulates as the particulate matter increment requirements bear to the primary NAAQS for total suspended particulate matter in effect on December 31, 1981, using the reference method in effect on such day. Visibility - Revises provisions for visibility protection for mandatory class I Federal areas ("statutorily designated" large national parks and wilderness areas, which must not be designated as other than class I). Adds synthetic fuel facilities and surface mining operations to the types of "major stationary sources" covered by the visibility protection regulations (if such sources have the potential to emit 250 tons or more of any pollutant). Authorizes the Administrator to establish the "best available retrofit technology" (BART), for visibility protection program purposes, in terms of a design, equipment, work practice, or operational standard, or combination thereof, where it is not feasible to enforce a numerical emission limitation representing BART. Requires that the EPA regulations for visibility protection in effect on December 31, 1981, remain in force and effect until new or amended regulations are promulgated which meet the requirements of the visibility protection program. Prohibits any stay or other modification of such regulations issued after December 31, 1981, from having any force and effect. Nonattainment Areas; Extension of Attainment Dates - Sets forth new provisions for nonattainment areas for which SIPs are not approved. Directs the Administrator to prohibit the construction or modification of any major stationary source in such area if such construction or modification would result in emissions of any air pollutant: (1) in increased amounts of 100 tons or more per year; (2) for which the primary NAAQS is not attained in such area; and (3) with respect to which SIP provisions meeting requirements for nonattainment areas are not in effect. Authorizes the Administrator to waive such prohibition where the source owner or operator demonstrates that, for such air pollutant: (1) emissions offsets will meet specified requirements; (2) the source will comply with emissions limitations representing the best available control technology (BACT); and (3) all major stationary sources owned or operated by that owner or operator in the State are in (or on a schedule of) compliance with the Act. Provides that the emissions offsets required by such waivers: (1) be contemporaneous emission reductions of that air pollutant from existing stationary sources in the area; (2) be significantly greater, in the aggregate, than the increase (or new emissions) resulting from the construction or modification; and (3) provide a positive net air quality benefit. Sets forth a required baseline for measuring such emission reductions. Sets forth provisions for transfer of alternative emission reductions in nonattainment areas. Authorizes the Administrator to promulgate regulations under which such emission reductions may be: (1) sold, exchanged, or otherwise transferred; (2) registered on a public emission reduction credit register; and (3) held ("banked") by the owner for future use by any person for future compliance with nonattainment area provisions. Requires that any such transfer program comply with a specified policy. Makes technical and conforming amendments. Directs the Administrator, not later than March 1, 1983, to: (1) complete a review of all available data relating to the ambient air quality of the various air quality control regions; (2) determine which of such regions, or portions thereof, do not meet a primary NAAQS; and (3) revise the list of nonattainment areas accordingly. Allows six months for SIP revisions required as a result of such inclusions on the nonattainment area list. Authorizes the Administrator, where an SIP meets specified requirements, to extend the 1982 deadline for attainment of primary NAAQS for: (1) up to three years for particulate matter, hydrocarbons, and sulfur dioxide; and (2) up to five years for nitrogen oxide (retains the current five-year extension for carbon monoxide and photochemical oxidants, with automobile inspection and maintenance program requirements). Replaces the standard "lowest achievable emission rate" (LAER) with that of "best available control technology" for purposes of nonattainment area construction or modification permit requirements and guidance documents. Adds new definitions for purposes of nonattainment area requirements. Includes the reconstruction of a stationary source as defined by specified regulations in effect on December 31, 1980, in the definition of "new stationary source." Temporary Variances - Revises provisions for temporary emergency variances of any SIP requirement applicable to a stationary source. Permits a State to apply to the Administrator for a variance of up to six months in any one set of circumstances. Directs the Administrator to approve or disapprove such application in the same manner as the special fast-track review for SIP revisions. Operations and Maintenace - Requires that SIPs include a program for periodic audits of major stationary sources to insure the proper operation and maintenance of pollution control equipment used to comply with emission limitations. Requires that the results of such audits be available to the public. Sets a deadline, six months after enactment of this Act, for submission of SIP revisions taking account of such requirements. Title II: Provisions Relating Primarily to Mobile Sources - Emissions Standards for Vehicles and Engines - Sets forth tables of emissions standards for light-duty vehicles and trucks and engines manufactured during and after model year 1983 and for heavy-duty trucks and truck engines manufactured during and after model year 1984, in terms of emissions in grams per mile (gpm) or in grams per brake horsepower-hour (gpbhh) of hydrocarbons (HC), carbon monoxide (CO), oxides of nitrogen (NOx), and particulate matter (TSP: total suspended particulates). Retains the current (1982 model year) standards for gasoline-fueled light-duty vehicles and engines for model year 1983 and thereafter (0.41 gpm HC; 3.4 gpm CO; and 1.0 gpm NOx). Sets model year 1983 and thereafter standards for diesel-fueled light-duty vehicles and engines (0.41 gpm HC; 3.4 gpm CO; 1.5 gpm NOx, but 1.0 gpm NOx in 1986 and thereafter; and 0.6 gpm TSP--but 0.2 gpm TSP in 1986 and thereafter). Retains the scheduled EPA standards for light-duty trucks and truck engines (HC: 1.7 gpm for 1983 and 0.8 gpm for 1984; CO: 18 gpm for 1983 and 10 gpm for 1984; and NOx: 2.3 gpm for 1983 and 1984). Sets the NOx standard for 1985 and thereafter at 2.3 gpm for 1985 and 1.2 gpm (for light-duty trucks under 6,000 pounds) or 1.7 gpm (for light-duty trucks between 6,000 and 8,500 pounds) for 1986 and thereafter. Sets a TSP standard for light-duty trucks of 0.6 for 1983 through 1985 and 2.6 for 1986 and thereafter. Retains the scheduled EPA standards for heavy-duty trucks and truck engines for model year 1984 and thereafter (1.3 gpbhh HC; 15.5 gpbhh CO; and 10.7 gpbhh NOx). Sets the heavy-duty truck NOx standard for 1986 and thereafter at 4.0 gpbhh. Sets a heavy-duty truck TSP standard of 0.25 gpbhh for 1986 and thereafter, with specified exceptions. Authorizes the Administrator to prescribe different standards for emissions of reactive and nonreactive hydrocarbons from any class of vehicles and engines. Requires that any standard for reactive hydrocarbons emissions not permit a greater amount of such emissions than that which the Administrator determines would have been emitted by a light-duty vehicle conforming to model year 1981 standards. Requires that regulations for emissions of particulate matter (TSP) from heavy-duty diesel-fueled trucks and truck engines manufactured during or after model year 1986 contain emissions limits of 0.25 gpbhh unless, within 180 days after enactment of this Act, the Administrator promulgates a final rule establishing a different emissions standard. Extends, to model year 1983, the requirement that EPA regulations for CO, HC, and NOx emissions from classes or categories of heavy-duty vehicles and engines reflect the greatest degree of emission reduction achievable through the application of available technology and taking into consideration cost, noise, energy, and safety factors. Postpones, until model year 1984 (current law requires 1983), a provision that such HC and CO emissions standards require a reduction of at least 90 percent from the average of actually measured emissions from heavy-duty gasoline-fueled vehicles or engines, or any class or category thereof, manufactured during a specified baseline model year, except as otherwise provided in the emission standards tables added by this Act. Directs the Administrator to prescribe regulations applicable to emissions from heavy-duty vehicles and engines manufactured after model year 1983 for sale in high altitude areas. Prohibits such regulations from requiring percentage reductions or numerical standards more stringent than those applicable to vehicles or engines certified under nonhigh altitude conditions. Makes technical and conforming amendments. Warranties - Requires new motor vehicle and engine manufacturer warranties of the "emission control device or system," meaning a catalytic converter, electronic control units, oxygen sensors, and exhaust recirculation valves. (Currently warranties of the vehicle or engine are required with respect to emission control performance.) Requires manufacturers to provide replacement or replacement costs of such emission control devices or systems of light-duty vehicles under certain circumstances. (Currently such replacement or costs are required with respect to parts, devices, or components designed for emission control.) Useful Life - Requires that EPA regulations provide that the useful life of: (1) light-duty trucks and truck engines be five years or 50,000 miles (the same as for light-duty vehicles and vehicle engines); and (2) heavy-duty vehicles and heavy-duty vehicle engines be a period which the Administrator determines is the actual average life of the vehicle or engine. High Altitude Waiver - Authorizes the Administrator to waive a requirement that all light-duty vehicles and engines manufactured during or after model year 1984 comply with emission standards regardless of the altitude at which they are sold. Permits such waiver through model year 1985 for not more than 15 percent of the numbers of vehicles and of engines of a model year manufactured by a manufacturer for sale in high altitude areas, if the manufacturer demonstrates that such marketing would otherwise be prevented by the requirement's effect on cost, driveability, and fuel economy at high altitudes. Directs the Administrator to prescribe emissions standards for vehicles and engines granted such waiver which require a percentage of reduction in emissions at least equal to that otherwise required for the model year involved. Effective Date - Makes the amendments made by this title applicable to vehicles and engines manufactured during or after model year 1983, except as otherwise provided. Title III: Other Amendments - Administrative Procedures - Provides that no rule, regulation, guideline, policy statement, or other action of the Administrator in effect on the date of enactment of this Act may be altered in any manner except: (1) in accordance with specified administrative procedures; (2) as may be otherwise required pursuant to a court order; or (3) for those aspects of a rule or regulation which are invalidated by this Act. Visibility Study - Directs the Administrator, in conjunction with the Secretary of the Interior, to study means to objectively quantify visibility impairment and its causes. Specifies items to be included in such study. Directs the Administrator within two years of enactment of this Act to report study results and recommend a uniform procedure for visibility quality trend monitoring and reduction measurement. Diesel Study - Directs the Administrator, within six months of the enactment of this Act and in consultation with specified Federal agencies, to develop and implement a program to monitor and document the relationship between health effects and the introduction of diesel automobiles into the domestic fleet. Requires that the program be made in appropriate regions or areas to determine any different results. Requires that the results of such program be reported to the appropriate congressional committees as soon as practicable. Methanol Study - Directs the Administrator to: (1) accelerate ongoing studies of performance of methanol and other low-emission fueled vehicles; (2) evaluate and monitor ongoing experiments by other entities; (3) assess the cost effectiveness of such alternatives to gasoline; and (4) determine emission characteristics in methanol and other low-emission fueled engines. Directs the Administrator, if such study results are favorable, to develop a policy to encourage conversion of commercial and governmental vehicle fleets to low-emission fuels. Synfuels and Health Effects - Directs the Administrator, in consultation with specified Federal agencies, to study the adverse health effects associated with the development of a full-scale synthetic fuels industry. Indoor Air Pollution - Directs the Administrator, within one year of the enactment of this Act, to report to Congress on indoor air pollution. Requires: (1) inclusion of specified items; (2) utilization of certain findings and studies; (3) consultation with specified Federal agencies; and (4) accompaniment by recommendations for indoor air pollution control. Authorization of Appropriations - Authorizes appropriations to the Administrator for FY 1982 through FY 1986. Provides for sums necessary for: (1) the Administrator and the States to effectively carry out the Act's provisions, including training of State and local personnel, enforcement, abatement, and control, consideration of SIPs and revisions, and audits; and (2) sufficient funding for personnel for the Administrator to carry out the Act, particularly its regulatory functions, without undue reliance on contractors. Requires that such authorization not be less than the appropriations authorized in fiscal year 1981 to carry out the Act, plus percentage increases for each fiscal year equal to Consumer Price Index percentage increases during the preceding calendar year. Prohibits the Administrator from using any funds appropriated under the Act for any payment for a reduction-in-force in any fiscal year. Directs the Administrator to inform the appropriate committees of the Congress of the reasons for such reduction, its impact on carrying out the Act, and other detailed or pertinent information, at least 30 days prior to issuing any general notice of such reduction. Declares that nothing in this title shall authorize appropriations for any research and development activities under the Act.
United States · United States Congress · 9 February 1982
Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to exempt the Northern Mariana Islands from the application of such Act upon a finding by the Governor of the Islands that the benefits of compliance are significantly outweighed by the costs of compliance.
Germany · German Bundestag · 5 February 1982
United States · United States Congress · 29 January 1982
Makes an appropriation for the Environmental Protection Agency (EPA), for FY 1982, for the wastewater treatment facility construction grants program under title II of the Federal Water Pollution Control Act. Prohibits the use of such appropriation to implement specified provisions under such Act, including provisions requiring the EPA Administrator to: (1) make grants or allot funds to specified projects; or (2) reserve a specified amount from a State allotment for water quality management planning.