Section 304 of the Clean Air Amendments of 1990

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CONTENTS1
Page

Clean Air Act ...............................................................................
Title I—Air Pollution Prevention and Control ..................
Part A—Air Quality and Emission Limitations .........
[Part B—Ozone Protection—Repealed]
Part C—Prevention of Significant Deterioration of
Air Quality .................................................................
Part D—Plan Requirements for Nonattainment
Areas ..........................................................................
Title II—Emission Standards for Moving Sources ............
Part A—Motor Vehicle Emission and Fuel Standards .............................................................................
Part B—Aircraft Emission Standards .........................
Part C—Clean Fuel Vehicles .......................................
Title III—General ................................................................
Title IV—Noise Pollution ....................................................
Title IV—Acid Deposition Control ......................................
Title V—Permits ..................................................................
Title VI—Stratospheric Ozone Protection ..........................

1
7
7
138
156
219
220
280
281
300
330
331
383
397

Clean Air Act Amendments of 1977 (Public Law 95–95) .........

425

Selected Provisions of the Energy Security Act (Public Law
96–294) .....................................................................................

435

Clean Air Act Amendments of 1990 (Public Law 101–549) .....

441

Section 348 of the National Highway System Designation
Act of 1995 (Public Law 104–59) ............................................

461

1 The companion volume to this publication (volume 2) contains the Solid Waste Disposal
Act, the Mercury-Containing and Rechargeable Battery Management Act, the Pollution Prevention Act of 1990, the Toxic Substances Control Act, section 1018 of the Residential LeadBased Paint Hazard Reduction Act of 1992, certain provisions of law related to asbestos,
the Noise Control Act of 1972, the Safe Drinking Water Act, the Safe Drinking Water Act
Amendments of 1996, the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (Superfund), and the Superfund Amendments and Reauthorization Act of 1986
(SARA).

1
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THE CLEAN AIR ACT
[As Amended Through P.L. 108–201, February 24, 2004]

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February 24, 2004

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TABLE OF CONTENTS FOR THE CLEAN AIR ACT 1
TITLE I—AIR POLLUTION PREVENTION AND CONTROL

Sec.
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101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.

PART A—AIR QUALITY AND EMISSION LIMITATIONS
Findings and purposes.
Cooperative activities and uniform laws.
Research, investigation, training, and other activities.
Research relating to fuels and vehicles.
Grants for support of air pollution planning and control programs.
Interstate air quality agencies or commissions.
Air quality control regions.
Air quality criteria and control techniques.
National ambient air quality standards.
Implementation plans.
Standards of performance for new stationary sources.
Hazardous air pollutants.
Federal Enforcement.
Inspections, monitoring, and entry.
International air pollution.
Retention of state authority.
President’s air quality advisory board and advisory committees.
Control of pollution from federal facilities.
Primary nonferrous smelter orders.
Noncompliance penalty.
Consultation.
Listing of certain unregulated pollutants.
Stack heights.
Assurance of adequacy of state plans.
Measures to prevent economic disruption or unemployment.
Interstate pollution abatement.
Public notification.
State boards.
Solid waste combustion.
Emission factors.
Land use authority.
PART B—OZONE PROTECTION

[Secs. 150 through 159 Repealed]
PART C—PREVENTION

OF

SIGNIFICANT DETERIORATION

OF

AIR QUALITY

SUBPART 1

Sec.
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160.
161.
162.
163.
164.
165.
166.
167.
168.
169.

Purposes.
Plan requirements.
Initial classifications.
Increments and ceilings.
Area redesignation.
Preconstruction requirements.
Other pollutants.
Enforcement.
Period before plan approval.
Definitions.

1 This table of contents is not part of the Clean Air Act but is included herein for the convenience of the users of this publication.

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CLEAN AIR ACT

4

SUBPART 2

Sec. 169A. Visibility protection for Federal class I areas.
Sec. 169B. Visibility.
PART D—PLAN REQUIREMENTS
SUBPART

FOR

1—NONATTAINMENT

NONATTAINMENT AREAS
AREAS IN GENERAL

Sec.
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171. Definitions.
172. Nonattainment plan provisions in general.
173. Permit requirements.
174. Planning procedures.
175. Environmental Protection Agency grants.
175A. Maintenance plans.
176. Limitation on certain Federal assistance.
176A. Interstate transport commissions.
177. New motor vehicle emission standards in nonattainment areas.
178. Guidance documents.
179. Sanctions and consequences of failure to attain.
179B. International border areas.

Sec.
Sec.
Sec.
Sec.
Sec.

181.
182.
183.
184.
185.

SUBPART 2—ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS

Classifications and attainment dates.
Plan submissions and requirements.
Federal ozone measures.
Control of interstate ozone air pollution.
Enforcement for Severe and Extreme ozone nonattainment areas for failure to attain.
Sec. 185A. Transitional areas.
Sec. 185B. NOx and VOC study.
SUBPART 3—ADDITIONAL PROVISIONS FOR CARBON
Sec. 186. Classifications and attainment dates.
Sec. 187. Plan submissions and requirements.

MONOXIDE NONATTAINMENT AREAS

SUBPART 4—ADDITIONAL PROVISIONS FOR PARTICULATE MATTER NONATTAINMENT
AREAS

Sec. 188. Classifications and attainment dates.
Sec. 189. Plan provisions and schedules for plan submissions.
Sec. 190. Issuance of RACM and BACM guidance.
SUBPART 5—ADDITIONAL PROVISIONS FOR AREAS DESIGNATED NONATTAINMENT FOR
SULFUR OXIDES, NITROGEN DIOXIDE, OR LEAD

Sec. 191. Plan submission deadlines.
Sec. 192. Attainment dates.
SUBPART 6—SAVINGS PROVISIONS

Sec. 193. General savings clause.
TITLE II—EMISSION STANDARDS FOR MOVING SOURCES
Sec. 201. Short title.
Sec.
Sec.
Sec.
Sec.
Sec.

202.
203.
204.
205.
206.

Sec. 207.
Sec. 208.
Sec. 209.
Sec. 210.
Sec. 211.
[Sec. 212.
Sec. 213.
February 24, 2004

PART A—MOTOR VEHICLE EMISSION AND FUEL STANDARDS
Establishment of standards.
Prohibited acts.
Injunction proceedings.
Civil penalties.
Motor vehicle and motor vehicle engine compliance testing and certification.
Compliance by vehicles and engines in actual use.
Information collection.
State standards.
State grants.
Regulation of fuels.
Repealed]
Fuel economy improvement from new motor vehicles.

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5

CLEAN AIR ACT

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

214.
215.
216.
217.
218.
219.

Study of particulate emissions from motor vehicles.
High altitude performance adjustments.
Definitions for part A.
Motor vehicle compliance program fees.
Prohibition on production of engines requiring leaded gasoline.
Urban bus standards.

Sec.
Sec.
Sec.
Sec.

231.
232.
233.
234.

PART B—AIRCRAFT EMISSION STANDARDS
Establishment of standards.
Enforcement of standards.
State standards and controls.
Definitions.

Sec.
Sec.
Sec.
Sec.
Sec.

241.
242.
243.
244.
245.

Sec.
Sec.
Sec.
Sec.
Sec.

246.
247.
248.
249.
250.

PART C—CLEAN FUEL VEHICLES
Definitions.
Requirements applicable to clean fuel vehicles.
Standards for light-duty clean fuel vehicles.
Administration and enforcement as per California standards.
Standards for heavy-duty clean-fuel vehicles (gvwr above 8,500 up to
26,000 lbs).
Centrally fueled fleets.
Vehicle conversions.
Federal agency fleets.
California pilot test program.
General provisions.

TITLE III—GENERAL
Administration.
Definitions.
Emergency powers.
Citizen suits.
Representation in litigation.
Federal procurement.
General provisions relating to administrative proceedings and judicial review.
Sec. 308. Mandatory licensing.
Sec. 309. Policy review.
Sec. 310. Other authority not affected.
Sec. 311. Records and audit.
Sec. 312. Economic impact analyses.
[Sec. 313. Repealed]
Sec. 314. Labor standards.
Sec. 315. Separability.
Sec. 316. Sewage treatment grants.
Sec. 317. Short title.
Sec. 317.1 Economic impact assessment.
[Sec. 318. Repealed]
Sec. 319. Air quality monitoring.
Sec. 320. Standardized air quality modeling.
Sec. 321. Employment effects.
Sec. 322. Employee protection.
Sec. 323. Cost of emission control for certain vapor recovery to be borne by owner
of retail outlet.
Sec. 324. Vapor recovery for small business marketers of petroleum products.
Sec. 325. Exemptions for certain territories.
Sec. 326. Construction of certain clauses.
Sec. 327. Authorization of appropriations.
Sec. 328. Air pollution from outer continental shelf activities.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.
307.

1 There

February 24, 2004

are two sections numbered 317. This section should be numbered 318.

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CLEAN AIR ACT

6

TITLE IV—NOISE POLLUTION
Sec.
Sec.
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Sec.
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401.
402.
403.
404.
405.
406.
407.
408.
409.
410.
411.
412.
413.
414.
415.
416.

Sec.
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501.
502.
503.
504.
505.
506.
507.

Sec.
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601.
602.
603.
604.
605.
606.
607.
608.
609.
610.
611.
612.
613.
614.
615.
616.
617.
618.

TITLE IV—ACID DEPOSITION CONTROL 1
Findings and purpose.
Definitions.
Sulfur dioxide allowance program for existing and new units.
Phase I sulfur dioxide requirements.
Phase II sulfur dioxide requirements.
Allowances for States with emissions rates at or below 0.80 lbs/mmBtu.
Nitrogen oxides emission reduction program.
Permits and compliance plans.
Repowered sources.
Election for additional sources.
Excess emissions penalty.
Monitoring, reporting, and recordkeeping requirements.
General compliance with other provisions.
Enforcement.
Clean coal technology regulatory incentives.
Contingency guarantee; auctions, reserve.
TITLE V—PERMITS
Definitions.
Permit programs.
Permit applications.
Permit requirements and conditions.
Notification to Administrator and contiguous States.
Other authorities.
Small business stationary source technical and environmental compliance
assistance program.
TITLE VI—STRATOSPHERIC OZONE PROTECTION
Definitions.
Listing of class I and class II substances.
Monitoring and reporting requirements.
Phase-out of production and consumption of class I substances.
Phase-out of production and consumption of class II substances.
Accelerated schedule.
Exchange authority.
National recycling and emission reduction program.
Servicing of motor vehicle air conditioners.
Nonessential products containing chlorofluorocarbons.
Labeling.
Safe alternatives policy.
Federal procurement.
Relationship to other laws.
Authority of Administrator.
Transfers among Parties to Montreal Protocol.
International cooperation.
Miscellaneous provisions.

1 Title IV, relating to acid deposition control, was added by section 401 of Public Law 101–
549 (104 Stat. 2584) without repealing the existing title IV, relating to noise pollution.

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Sec. 304

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306

longer period as may be authorized by the court in which such action is brought.
[42 U.S.C. 7603]
CITIZEN SUITS

SEC. 304. 1

(a) Except as provided in subsection (b), any person
may commence a civil action on his own behalf—
(1) against any person (including (i) the United States, and
(ii) any other governmental instrumentality or agency to the
extent permitted by the Eleventh Amendment to the Constitution) who is alleged to have violated (if there is evidence that
the alleged violation has been repeated) or 2 to be in violation
of (A) an emission standard or limitation under this Act or (B)
an order issued by the Administrator or a State with respect
to such a standard or limitation,
(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this
Act which is not discretionary with the Administrator, or
(3) against any person who proposes to construct or constructs any new or modified major emitting facility without a
permit required under part C of title I (relating to significant
deterioration of air quality) or part D of title I (relating to nonattainment) or who is alleged to have violated (if there is evidence that the alleged violation has been repeated) or 2 to be
in violation of any condition of such permit.
The district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce
such an emission standard or limitation, or such an order, or to
order the Administrator to perform such act or duty, as the case
may be, and to apply any appropriate civil penalties (except for actions under paragraph (2)). The district courts of the United States
shall have jurisdiction to compel (consistent with paragraph (2) of
this subsection) agency action unreasonably delayed, except that an
action to compel agency action referred to in section 307(b) which
is unreasonably delayed may only be filed in a United States District Court within the circuit in which such action would be reviewable under sction 307(b). In any such action for unreasonble delay,
1 Sections 1004 and 1005 of the Act entitled ‘‘An Act Making emergency supplemental appropriations for additional disaster assistance, for anti-terrorism initiatives, for assistance in the
recovery from the tragedy that occurred at Oklahoma City, and making rescissions for the fiscal
year ending September 30, 1995, and for other purposes’’ (109 Stat. 194; Public Law 104–19)
provide as follows:

ADMINISTRATIVE PROVISIONS
SEC. 1004. None of the funds made available in any appropriations Act for fiscal year 1995
may be used by the Environmental Protection Agency to require any State to comply with the
requirement of section 182 of the Clean Air Act by adopting or implementing a test-only or
IM240 enhanced vehicle inspection and maintenance program, except that EPA may approve
such a program if a State chooses to submit one to meet that requirement.
SEC. 1005. None of the funds made available in any appropriations Act for fiscal year 1995
may be used by the Environmental Protection Agency to impose or enforce any requirement that
a State implement trip reduction measures to reduce vehicular emissions. Section 304 of the
Clean Air Act (42 U.S.C. 7604) shall not apply with respect to any such requirement during
the period beginning on the date of the enactment of this Act and ending September 30, 1995.
2 Section 707(g) of Public Law 101–549 (104 Stat. 2683) added the language ‘‘to have violated
(if there is evidence that the alleged violation has been repeated) or’’ immediately before ‘‘to be
in violation’’ in paragraphs (1) and (3). The amendment takes effect with respect to actions
brought after the date 2 years after the enactment of the Clean Air Act Amendments of 1990.

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Sec. 304

notice to the entities referred to in subsection (b)(1)(A) shall be provided 180 days before commencing such action.
(b) No action may be commenced—
(1) under subsection (a)(1)—
(A) prior to 60 days after the plaintiff has given notice
of the violation (i) to the Administrator, (ii) to the State in
which the violation occurs, and (iii) to any alleged violator
of the standard, limitation, or order, or
(B) if the Administrator or State has commenced and
is diligently prosecuting a civil action in a court of the
United States or a State to require compliance with the
standard, limitation, or order, but in any such action in a
court of the United States any person may intervene as a
matter of right. 1
(2) under subsection (a)(2) prior to 60 days after the plaintiff has given notice of such action to the Administrator,
except that such action may be brought immediately after such notification in the case of an action under this section respecting a
violation of section 112(i)(3)(A) or (f)(4) or an order issued by the
Administrator pursuant to section 113(a). Notice under this subsection shall be given in such manner as the Administrator shall
prescribe by regulation.
(c)(1) Any action respecting a violation by a stationary source
of an emission standard or limitation or an order respecting such
standard or limitation may be brought only in the judicial district
in which such source is located.
(2) In any action under this section, the Administrator, if not
a party, may intervene as a matter of right at any time in the proceeding. A judgment in an action under this section to which the
United States is not a party shall not, however, have any binding
effect upon the United States.
(3) Whenever any action is brought under this section the
plaintiff shall serve a copy of the complaint on the Attorney General of the United States and on the Administrator. No consent
judgment shall be entered in an action brought under this section
in which the United States is not a party prior to 45 days following
the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator during which time the Government may submit its comments on the proposed consent judgment to the court and parties or may intervene as a matter of
right.
(d) The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any
party, whenever the court determines such award is appropriate.
The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.
(e) Nothing in this section shall restrict any right which any
person (or class of persons) may have under any statute or common
law to seek enforcement of any emission standard or limitation or
to seek any other relief (including relief against the Administrator
1 Period

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probably should be a comma.

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Sec. 304

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308

or a State agency). Nothing in this section or in any other law of
the United States shall be construed to prohibit, exclude, or restrict
any State, local, or interstate authority from—
(1) bringing any enforcement action or obtaining any judicial remedy or sanction in any State or local court, or
(2) bringing any administrative enforcement action or obtaining any administrative remedy or sanction in any State or
local administrative agency, department or instrumentality,
against the United States, any department, agency, or instrumentality thereof, or any officer, agent, or employee thereof under State
or local law respecting control and abatement of air pollution. For
provisions requiring compliance by the United States, departments,
agencies, instrumentalities, officers, agents, and employees in the
same manner as nongovernmental entities, see section 118.
(f) For purposes of this section, the term ‘‘emission standard or
limitation under this Act’’ means—
(1) a schedule or timetable of compliance, emission limitation, standard of performance or emission standard,
(2) a control or prohibition respecting a motor vehicle fuel
or fuel additive, which is in effect under this Act (including a
requirement applicable by reason of section 118) or under an
applicable implementation plan, or
(3) any condition or requirement of a permit under part C
of title I (relating to significant deterioration of air quality) or
part D of title I (relating to nonattainment),, 1 section 119 (relating to primary nonferrous smelter orders), any condition or
requirement under an applicable implementation plan relating
to transportation control measures, air quality maintenance
plans, vehicle inspection and maintenance programs or vapor
recovery requirements, section 211 (e) and (f) (relating to fuels
and fuel additives), section 169A (relating to visibility protection), any condition or requirement under title VI (relating to
ozone protection), or any requirement under section 111 or 112
(without regard to whether such requirement is expressed as
an emission standard or otherwise); or
(4) 2 any other standard, limitation, or schedule established
under any permit issued pursuant to title V or under any applicable State implementation plan approved by the Administrator, any permit term or condition, and any requirement to
obtain a permit as a condition of operations. 3
which is in effect under this Act (including a requirement applicable by reason of section 118) or under an applicable implementation
plan.
(g) PENALTY FUND.—(1) Penalties received under subsection (a)
shall be deposited in a special fund in the United States Treasury
for licensing and other services. Amounts in such fund are authorized to be appropriated and shall remain available until expended,
for use by the Administrator to finance air compliance and enforce1 Amendment made by section 707(e) of Public Law 101–549 (104 Stat. 2683) resulted in double commas.
2 Section 707(e) of Public Law 101–549 (104 Stat. 2683) amended section 304(f) by adding at
the end a new paragraph (4). The new paragraph (4) probably should have been added after
paragraph (3) as shown in the text and should not have ended with a period.
3 Period probably should be a comma.

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Sec. 306

ment activities. The Administrator shall annually report to the
Congress about the sums deposited into the fund, the sources
thereof, and the actual and proposed uses thereof.
(2) Notwithstanding paragraph (1) the court in any action
under this subsection 1 to apply civil penalties shall have discretion
to order that such civil penalties, in lieu of being deposited in the
fund referred to in paragraph (1), be used in beneficial mitigation
projects which are consistent with this Act and enhance the public
health or the environment. The court shall obtain the view of the
Administrator in exercising such discretion and selecting any such
projects. The amount of any such payment in any such action shall
not exceed $100,000.
[42 U.S.C. 7604]
REPRESENTATION IN LITIGATION

SEC. 305. (a) The Administrator shall request the Attorney
General to appear and represent him in any civil action instituted
under this Act to which the Administrator is a party. Unless the
Attorney General notifies the Administrator that he will appear in
such action, within a reasonable time, attorneys appointed by the
Administrator shall appear and represent him.
(b) In the event the Attorney General agrees to appear and
represent the Administrator in any such action, such representation shall be conducted in accordance with, and shall include participation by, attorneys appointed by the Administrator to the extent authorized by, the memorandum of understanding between
the Department of Justice and the Environmental Protection Agency, dated June 13, 1977, respecting representation of the agency by
the department in civil litigation.
[42 U.S.C. 7605]
FEDERAL PROCUREMENT

SEC. 306. (a) No Federal agency may enter into any contract
with any person who is convicted of any offense under section
113(c) for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave
rise to such conviction occurred if such facility is owned, leased, or
supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. For convictions arising under section 113(c)(2), the condition giving rise to
the conviction also shall be considered to include any substantive
violation of this Act associated with the violation of 113(c)(2). The
Administrator may extend this prohibition to other facilities owned
or operated by the convicted person.
(b) The Administrator shall establish procedures to provide all
Federal agencies with the notification necessary for the purposes of
subsection (a).
(c) In order to implement the purposes and policy of this Act
to protect and enhance the quality of the Nation’s air, the President shall, not more than 180 days after enactment of the Clean
1 The

February 24, 2004

words ‘‘this subsection’’ probably should be changed to ‘‘this section’’.