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22 ELR 10257 | Environmental Law Reporter | copyright © 1992 | All rights reserved Chapter 9. Mobile SourcesTheodore L. Garrett and Sonya D. WinnerEditors' Summary: In this second of a three-part series on the Clean Air Act and the 1990 amendments, the authors analyze the background of several key Clean Air Act sections, including the prevention of significant deterioration (PSD) program, new and modified source review, the national emission standard for hazardous air pollutants (NESHAP) program, acid deposition control provisions, and mobile source controls. The authors explore the evolution of the PSD program from its origins in Sierra Club v. Ruckelshaus, 2 ELR 20656, to its current focus on requiring preconstruction review of major sources and modifications to ensure that deterioration is prevented and appropriate control technology is used. The authors next analyze how the Clean Air Act utilizes the review and permitting of new and modified sources as basic planning and control features for regulating such sources and their impact on attainment and maintenance of the national air quality standards. The authors next explore the regulation of hazardous emissions, from the pre-1990 NESHAP program to the ramifications of the 1990 amendments. Finally, the authors analyze the new acid deposition control provisions added by the 1990 amendments, including the new allowance program, and how the amendments impact Title II of the Clean Air Act, which governs emissions from mobile sources. Theodore L. Garrett is a partner in the law firm of Covington and Burling in Washington, D.C. Mr. Garrett has coordinated the firm's environmental practice and has been extensively involved in litigation and administrative proceedings. A former U.S. Supreme Court law clerk to Chief Justice Burger, Mr. Garrett has served as a featured speaker at numerous environmental law and litigation programs, and has written widely in the environmental area. He is a coauthor of the ALI-ABA book A Practical Guide to Environmental Law and the ABA book Environmental Litigation. Mr. Garrett is vice-chairman of the Solid and Hazardous Waste Committee of the ABA Section of Natural Resources, Energy, and Environmental Law; a member of the Steering Committee of the Environment, Energy, and Natural Resources Section of the District of Columbia Bar; a member of the Editorial Board of the Environmental Law Reporter, and a member of the Advisory Committee on Hazardous Waste of the Center for Public Resources. Sonya D. Winner is a partner in the law firm of Covington and Burling, where she practices in the areas of environmental law, international trade, and antitrust. She is a graduate of Michigan State University (B.A. 1979) and Harvard Law School (J.D., magna cum laude, 1982). After graduation, she served as a law clerk to Judge Louis F. Oberdorfer of the U.S. District Court for the District of Columbia. She is a member of the adjunct faculty at the American University Washington College of Law, where she has taught courses in international commercial arbitration and legal ethics. Title II of the Clean Air Act governs emissions from moving sources. The most important part of Title II is Part A, which deals with motor vehicle emission and fuel standards. The Clean Air Act addresses emissions from mobile sources in several ways. The basic provisions of the statute authorize the U.S. Environmental Protection Agency (EPA) to establish tailpipe standards for automobiles and other vehicles, and they provide for the regulation of fuels and fuel additives. The clean fuel vehicle program will impose requirements on companies outside the automotive and refining industries. The regulation of mobile sources traces back to the Air Pollution Act of 1955. Since then, Congress has enacted a variety of provisions requiring the investigation of air pollution problems and research concerning emissions from motor vehicles. The 1970 amendments to the Act reflect the modern approach to the regulation of the automobile. Section 202 authorized EPA to establish motor vehicle emission standards.1 The statute set an emission standard for the model year 1975 requiring a 90 percent reduction for hydrocarbons (HC) and carbon monoxide (CO) from a 1970 baseline.2 A 90 percent reduction for nitrogen oxides (NOx) was required by 1976. Section 206 authorized EPA to test or require that the manufacturers test new motor vehicles or new motor vehicle engines to determine whether they comply with the tailpipe standards.3 Section 211 of the 1970 Act dealt with the regulation of fuels.4 In particular, the Agency was authorized to prohibit the sale of fuels that would interfere with the performance of any emission control device in general use. EPA was also given authority to control or prohibit the use of fuel or fuel additives in motor vehicles if they would cause or contribute to air pollution that would endanger public health or welfare. The regulation of vehicles in use was addressed in § 110(a)(2)(B), which requires state implementation plans (SIPs) to include measures, including transportation controls, to attain and maintain the national air quality standards.5 These plans are an important aspect of federal and state programs designed to meet the national standards. The automobile industry had difficulty complying with the 1975 and 1976 standards and sought administrative suspensions, which were the subject of litigation and controversy.6 The 1977 amendments reflected a recognition by Congress that the problem was more difficult than first appeared. Compliance with the CO and HC standards was postponed to 1983. The standard for NOx was relaxed, and additional maintenance, warranty, and various other provisions were enacted. The 1990 amendments require further automobile emission reductions. The amendments contain new requirements for clean fuels to be sold in certain areas of the country. In addition, fleet vehicles sold in areas with serious ozone problems will be subject to special emissions standards requiring the use of clean fuels. II. Motor Vehicle Emission Standards Section 202 contains emission standards for the "useful life" of motor vehicles, based on their model year.7 For light-duty vehicles (i.e., automobiles), Congress specified the following standards in grams per mile (gpm) beginning in 1977:8
The 1990 amendments add a new subsection (g) establishing lower emission standards for conventional (i.e., light-duty) vehicles. In the first phase, beginning with model year 1994, vehicles must achieve 0.25 gpm for nonmethane HC and 0.4 gpm for NOx for the first five years or 50,000 miles. Additional requirements are set forth for longer useful lives and for light-duty trucks. In the second phase of tailpipe standards, beginning in 2003, the emissions for HC, NOx and CO for automobiles and light trucks will be reduced to approximately one-half of their 1994 levels.11 These Phase II standards will go into effect unless EPA extends the date, sets alternative standards, or decides that further reductions are not necessary or are not technologically or economically feasible. Section 202(a)(3) (prior to amendment in 1990) authorized EPA to set standards for new heavy-duty vehicles, such as trucks and buses. These standards required the "application of technology" that EPA determines will be "available" for the year in question. The standards specified in the statute require 90 percent reduction of HC and CO by 1983, and 75 percent reduction of NOx by 1985.12 Under the 1990 amendments, EPA is authorized to impose standards after model year 1983 for heavy-duty vehicles reflecting "the greatest degree of emission reduction [22 ELR 10258] achievable" that is available for the model year.13 For the model year 1998 and after, heavy-duty trucks must meet a standard of 4.0 grams per brake horsepower (gbh) for NOx.14 EPA's regulations implementing § 202 of the Act are codified in 40 C.F.R. part 86, subpart A. The regulations establish standards for light- and heavy-duty vehicles, light-duty trucks, diesel heavy-duty vehicles, motorcycles, and other types of engines. The federal standards preempt state and local regulation. No state or local government may adopt or enforce standards for vehicles or engines absent a waiver by EPA, which has granted such a waiver only to California.15 The 1990 amendments add a new Part C to Title II dealing with clean fuel vehicles. These amendments seek to further reduce emissions by requiring the use of clean alternative fuels, such as mixtures of alcohol with gasoline, reformulated gasoline, or other fuels that allow vehicles to meet lower emission standards.16 The two principal new programs are a clean fleet vehicle program and a pilot program in California. States in serious, severe, or extreme areas are required to revise their SIPs to require a specified percentage of fleet vehicles to be clean fuel vehicles beginning in model year 1998.17 Fleet vehicles regulated under these provisions are those in fleets with 10 or more vehicles owned or operated by a single person and are centrally fueled or capable of being centrally fueled. Vehicles rented to the public, used for law enforcement, operated as nonroad farm or construction vehicles, and vehicles normally garaged at a personal residence are exempt. The 1990 amendments contain detailed emission standards that apply to various categories of vehicles, which are lower than the standards otherwise applicable.18 For light-duty vehicles beginning with model year 1996, HC (measured as nonmethane organic gas (NMOG)) may not exceed 0.125 gpm for the first 50,000 miles.19 This is roughly one-half the nonmethane hydrocarbon standard for conventional motor vehicles. Beginning with model year 2001, the NMOG standard is lowered to 0.075 for 50,000 miles.20 The comparable standards are relaxed to 0.156 and 0.090 gpm for 100,000 miles. Separate standards are established for light-duty trucks and flexible and dual-fueled vehicles.21 The clean fuel fleet requirements are to be phased in over a three-year period. State SIPs applicable to centrally fueled fleets must require that specified percentages of newly covered fleet vehicles be clean fuel vehicles. For light-duty vehicles, the percentage is 30 percent in 1998, 50 percent in 1999, and 70 percent in 2000.22 Credits are available to fleet operators purchasing more clean fuel vehicles than required or purchasing vehicles meeting more stringent standards.23 Credits will be administered by the states under their SIPs, pursuant to regulations promulgated by EPA. Credits may be traded or sold for use by any other person or may be banked for use at another time. Section 249 establishes a pilot program in California for clean fuel vehicles.24 The number of clean fuel vehicles that must be sold annually increases from 150,000 in 1996 to 300,000 vehicles in 1999 and thereafter.25 California must revise its SIP by November 1992 to assure that clean alternative fuels are available for clean fuel vehicles.26 Other states may opt into the California program pursuant to regulations to be promulgated by EPA.27 IV. Other Mobile Source Controls The 1990 amendments contain new provisions for control of mobile sources. A summary of these new provisions is set forth below. Cold Start CO Standard. Section 202 sets forth a new CO standard of 10 gpm for automobiles at cold (20 degrees Fahrenheit) temperatures.28 This standard is phased in over three years, from 1994 to 1996, and may be lowered for model years 2002 and later. Onboard Vapor Recovery. By November 1991, EPA is required to promulgate standards for onboard vehicle refueling emissions.29 The Agency is directed to consult with the Secretary of Transportation as to the safety of such systems. The standards must require a minimum 95 percent capture efficiency and will be phased in beginning four model years after the standards are promulgated. Summer Evaporative Emissions. The Agency is directed to promulgate regulations applicable to evaporative emissions from gasoline-fueled vehicles under ozone-prone summer conditions.30 The regulations are to require the "greatest degree ofemission reduction achievable" for any model year, taking into account cost, energy, safety factors, and fuel volatility. Mobile Source Air Toxics. EPA is authorized to promulgate regulations controlling hazardous air pollutants from motor vehicles and motor vehicle fuels.31 The Agency is to conduct a study by May 1992, and to promulgate regulations by May 1995 applicable to at least benzene and formaldehyde. The regulations must reflect the greatest degree of emission reduction achievable through the application of available technology, taking into account costs, energy, and other factors. Emission Control Diagnostic Systems. EPA is directed [22 ELR 10259] to promulgate regulations by May 1992 requiring automobile and light-duty truck manufacturers to install emission control diagnostic systems beginning with the 1994 model year.32 The systems must identify deterioration or malfunction of emissions control systems including, at a minimum, catalytic converters and oxygen sensors. In addition, EPA may require states to amend their SIPs to provide for inspection of onboard diagnostic systems. Engines Requiring Leaded Gasoline. EPA is required to prohibit, by regulation, the manufacture or sale of any engine that requires leaded gasoline after the 1992 model year.33 Urban Bus Standards. By January 1, 1992, EPA is to promulgate regulations for urban buses for the model year 1994 and after.34 The regulations shall require that particulate matter (PM) be reduced by 50 percent, unless the Administrator finds that these levels are not technologically achievable. EPA may also establish a low-emitting fuel requirement if the Agency finds that urban buses do not meet the PM standard over their useful life. V. Mobile Source Testing and Certification Section 203(a) makes it unlawful to sell any new vehicle or engine unless a certificate of conformity has been issued and is in effect.35 Under § 206(a), EPA is required to test (or require the testing of) prototype vehicles and to issue a certificate for vehicles or engines conforming to the emission standards.36 Section 206(b) authorizes EPA to test vehicles or engines being produced to determine whether they meet the emission standards covered by a certificate of conformity. If some or all vehicles or engines tested by EPA fail to meet the standards, EPA may suspend or revoke the certificate, in whole or in part, subject to the manufacturer's right to a hearing and judicial review. EPA has interpreted these provisions to allow no more than 40 percent of the production vehicles to fail the standard.37 The Act requires manufacturers to warrant to the ultimate purchaser that new vehicles and engines are (1) designed, built, and equipped to conform to applicable standards at the time of sale and (2) free from defects that would cause the vehicle or engine to fail to conform over its useful life.38 If at any time during the warranty period the vehicle or engine fails to meet the standards, the manufacturer is required to repair the vehicle or engine at its own expense.39 The Act also provides a recall remedy. Under § 207(c), EPA may require the manufacturer to submit a plan for remedying the failure of vehicles or engines to conform to the standards.40 The plan must provide for repairing properly used and maintained vehicles or engines at the manufacturer's expense. A plan is required if EPA determines that a "substantial number" of any class or category of vehicles or engines fails to meet the standards in actual use, despite being properly maintained and used.41 A manufacturer may request a public hearing if it disagrees with EPA's determination of nonconformity. The 1990 amendments contain separate in-use recall standards that apply to automobile model years 1994-97.42 In addition to the requirements for manufacturers, § 203(a)(3) also makes it unlawful for any person to remove or render inoperative any air pollution control device prior to delivery to the ultimate purchaser, or for any person engaged in the business of repairing, servicing, selling, leasing, or trading vehicles or engines to do so.43 This prohibition also applies to anyone operating a fleet of motor vehicles, but it does not apply to individual motorists. Finally, SIPs must include provisions for the periodic inspection and testing of motor vehicles to ensure compliance with applicable emission standards.44 For serious areas and above, the 1990 amendments require SIPs to contain an enhanced vehicle inspection and maintenance program.45 VI. Regulation of Fuels and Additives Section 211 authorizes EPA to regulate motor vehicle fuels by requiring them to be registered and tested. As promulgated in 1970, the Act regulates fuels that cause adverse health effects or that interfere with vehicle emission control devices. The 1990 amendments contain new provisions with respect to the production and sale of reformulated and oxygenated fuels, as discussed below. Section 211(a) provides that no manufacturer or processor may sell any fuel or additive designated by EPA unless it has been registered by the Agency.46 For purposes of registration, EPA may require the manufacturer to provide information as to the chemical composition of any additive and its range of concentration in fuel, and to conduct tests with respect to the health effects of the fuel or additive.47 EPA has designated all additives produced or sold for use in motor vehicle gasoline or diesel fuel, and unleaded and leaded gasoline.48 The regulations require that specified data be furnished to EPA.49 Section 211(c)(4) prohibits states from enforcing fuel or fuel additive standards different from federal standards, unless they are waived under § 209 or unless the standards are part of a nonattainment plan approved by EPA as necessary to assure attainment.50 Violations of § 211 of the Act are punishable by fines of [22 ELR 10260] $ 25,000 per day of violation plus the economic benefit or savings resulting from the violation.51 The government may also seek injunctive relief in federal district court. VII. Standards for Fuel Additives As noted above, § 211(c)(1) provides that EPA may regulate fuels or additives used in motor vehicles if any emission product (1) would cause or contribute to air pollution that endangers public health or welfare or (2) would impair to a significant degree the performance of any emission control device in general use.52 The first set of standards was designed to protect catalytic converters used by automobile manufacturers to meet emission standards. Lead in gasoline was determined by EPA to impair the effectiveness of these converters, and EPA established regulations in 1973 limiting the lead content of all gasoline used in vehicles designed for the use of unleaded fuel. The standard for unleaded gas is 0.05 gram of lead per gallon.53 All retail outlets that sell more than 200,000 gallons of gasoline per year must offer unleaded gasoline for sale.54 Retailers must also equip pumps with nozzles of a specified size to prevent the introduction of leaded gasoline into cars designed for unleaded gasoline.55 In 1977, Congress enacted § 211(f)(1), which makes it unlawful for a manufacturer to introduce a new fuel or additive or to increase the concentration of any fuel or additive that is not "substantially similar" to a fuel or additive previously certified.56 This restriction may be waived based on a finding by EPA that the fuel or additive will not impair an emission control device.57 EPA developed a second set of health-based standards for leaded gasoline under § 211(c)(1)(A).58 These regulations require a phase-down of the average quarterly lead content of leaded gasoline from 1.10 grams per gallon prior to 1985 to 0.1 grams per gallon after January 1, 1986. The lead content is determined by dividing lead usage by production during a calendar quarter. The lead standards may be met by averaging among refineries.59 Lead reductions greater than required may be banked or transferred to another refiner.60 Refiners must submit reports to EPA each quarter showing their lead usage and gasoline production and any inter-refinery averaging, banking, and transfers. EPA's initial regulations under § 211(c)(1)(A) were promulgated in 1973, based on the Agency's concern that lead in gasoline contributed to elevated lead levels in the general population, especially among children in urban areas. EPA's findings were contested in the D.C. Circuit, initially set aside in a split decision, and eventually upheld on rehearing en banc.61 The court's opinion stressed that § 211(c)(a)(A) is precautionary or preventive in nature, and that EPA was required to show a risk of harm rather than actual, present harm.62 The 1990 amendments prohibit the use of lead or lead additives in gasoline after December 31, 1995.63 Section 211(f), added in 1977, limits manganese in gasoline to 0.0625 grams per gallon.64 This provision was enacted because of concern that certain manganese compounds were impairing emission control devices. The 1990 amendments also added a new § 211(h) concerning fuel volatility.65 During the summer ozone season, as defined by EPA, gasoline may not exceed a Reid vapor pressure of 9.0 pounds per square inch. For fuel blends containing 10 percent ethanol, the standard is one pound greater than for gasoline. EPA may establish more stringent standards for nonattainment areas. VIII. Reformulated and Oxygenated Gasoline In areas with relatively serious nonattainment problems, the 1990 amendments require the sale of reformulated and oxygenated gasoline. The statute contains detailed specifications for gasoline under these two programs. Reformulated gasoline. Section 211(k) authorizes EPA to promulgate standards for reformulated gasoline in specified nonattainment areas.66 The nine areas likely to be subject to these standards are listed in Appendix 9B. EPA's regulations are to require the greatest reduction of ozone-forming volatile organic compounds (VOCs) during the high (i.e., summer) ozone season, and of toxic air pollutants during the entire year, achievable through reformulation, taking into account cost, environmental, and energy impacts.67 The effective date is January 1, 1995. The statute requires that gasoline meet the more stringent of either a specified formula or a performance standard. The formula contains percentage limits on benzene (1%), aromatics (25%), lead (0%), and oxygen (2%).68 The performance standard requires that the aggregate emissions of VOCs in 1995 be 15 percent below the baseline of vehicles using gasoline, and 25 percent below in the year 2000.69 In addition, the statute contains general standards barring any increase in NOx over baseline levels; limiting oxygen [22 ELR 10261] (2%) and benzene (1%); and prohibiting heavy metals, including lead and manganese.70 The standards apply to the nine areas with a 1980 population over 250,000 having the highest ozone design levels during 1987-89.71 The standards also apply (within one year) to any ozone nonattainment area classified as a severe area.72 Other nonattainment areas may opt into the reformulated fuels program on application of the governor of a state.73 Oxygenated Fuels. Section 211(m), added in 1990, requires states to revise their SIPs to allow only oxygenated gasoline (2.7 percent oxygen) to be sold during the winter months in CO nonattainment areas with a CO level of 9.6 parts per million (ppm) or above during 1989-90.74 The areas likely to be covered by this program are set forth in Appendix 9C below. If a serious CO area does not meet the standard by the deadline, the SIP must be revised to require an oxygen content of 3.1 percent.75 Waivers from these requirements are available where oxygenated fuels would interfere with attainment for pollutants other than CO, or in areas where mobile sources do not contribute significantly to CO levels.76 Appendix 9A. Areas Likely to Be Subject to Clean Fuel Fleet Requirements Ozone nonattainment areas with a 1980 population of 250,000 or more and classified as serious, severe, or extreme, and carbon monoxide (CO) nonattainment areas with a design value of 16.0 parts per million (ppm) or above and a population of 250,000, except where mobile sources do not contribute to CO nonattainment: Chicago-Gary-Lake County (IL-IN-WI) Houston-Galveston-Brazoria (TX) Los Angeles-Anaheim-Riverside (CA) New York-Northern New Jersey-Long Island (CT-NJ-NY) Philadelphia-Wilmington-Trenton (DE-MD-NJ-PA) Providence-Pawtucket-Fall River (MA-RI) Source: 56 Fed. Reg. 50197 (October 3, 1991). Appendix 9B. Areas Likely to Be Subject to Reformulated Gasoline Requirement Nine worst ozone nonattainment areas with populations of 250,000 or above: Los Angeles-Anaheim-Riverside (CA) Houston-Galveston-Brazoria (TX) New York-Northern New Jersey-Long Island-Connecticut (CT-NJ-NY) Chicago-Garyhake County (IL-IN-WI) Philadelphia-Wilmington-Trenton (DE-MD-NJ-PA) Hartford-New Britain-Middletown (CT) Source: 56 Fed. Reg. 31204 (July 9, 1991). Appendix 9C. Areas Likely to Be Subject to Oxygenated Fuel Requirements Carbon monoxide nonattainment areas with a design value of 9.5 ppm or above: Greensboro-Winston-Salem-High Point (NC) Hartford-New Britain-Middletown (CT) Los Angeles-Anaheim-Riverside (CA) New York-Northern New Jersey-Long Island (CT-NJ-NY) Philadelphia-Wilmington-Trenton (DE-MD-NJ-PA) San Francisco-Oakland-San Jose (CA) Source: 56 Fed. Reg. 31153 (July 9, 1991). 1. 42 U.S.C. § 7521, ELR STAT. CAA 98. 2. Pub. L. 91-604, § 6(a), 84 Stat. 1676, 1690 (1970). 3. 42 U.S.C. § 7525, ELR STAT. CAA 107. 4. 42 U.S.C. § 7545, ELR STAT. CAA 113. 5. 42 U.S.C. § 7410(a)(2)(B), ELR STAT. CAA 19 (1970). 6. See, e.g., International Harvester Co. v. Ruckelshaus, 478 F.2d 615, 3 ELR 20133 (D.C. Cir. 1973). 7. 42 U.S.C. § 7521, ELR STAT. CAA 98. EPA's regulations implementing § 202 are codified at 40 C.F.R. pt. 86, subpt. A. 8. Clean Air Act (CAA) § 202(b)(1)(A), (B), 42 U.S.C. § 7521(b)(1)(A), (B), ELR STAT. CAA 100. 9. For cases addressing waivers, see NRDC v. EPA, 655 F.2d 318 (D.C. Cir.), cert. denied, 454 U.S. 1017 (1981); International Harvester, 478 F.2d at 615, 3 ELR at 20133. 10. CAA § 202(a)(3)(A)(ii), § 7521(a)(3)(A)(ii), ELR STAT. CAA 98. 11. CAA § 202(i), 42 U.S.C. § 7521(i), ELR STAT. CAA 103. 12. 42 U.S.C. § 7521(a)(3)(A)(ii), ELR STAT. CAA 98. 13. CAA § 202(a)(2)(A)(i), § 7521(a)(2)(A)(i), ELR STAT. CAA 99. 14. CAA § 202(a)(2)(B)(ii), § 7521(a)(2)(B)(ii), ELR STAT. CAA 99. 15. CAA § 209, 42 U.S.C. § 7543, ELR STAT. CAA 112. 16. CAA §§ 241-250, 42 U.S.C. § 7581-7590, ELR STAT. CAA 125-32. 17. CAA § 246, 42 U.S.C. § 7586, ELR STAT. CAA 129. See Appendix 9A. 18. CAA §§ 243, 245, 42 U.S.C. §§ 7583, 7585, ELR STAT. CAA 126, 128. 19. CAA § 243, 42 U.S.C. § 7583, ELR STAT. CAA 126. 20. Id. 21. Id. 22. CAA § 243(b), 42 U.S.C. § 7583(b), ELR STAT. CAA 127. 23. CAA § 243(f), 42 U.S.C. § 7583(f), ELR STAT. CAA 128. 24. 42 U.S.C. § 7589, ELR STAT. CAA 131. 25. CAA § 249(c)(1), 42 U.S.C. § 7589(c)(1), ELR STAT. CAA 131. 26. CAA § 249(c)(2), 42 U.S.C. § 7589(c)(2), ELR STAT. CAA 131. 27. CAA § 249(f), 42 U.S.C. § 7589(f), ELR STAT. CAA 131-32. 28. 42 U.S.C. § 7521(j), ELR STAT. CAA 104. 29. CAA § 202(a)(6), 42 U.S.C. § 7521(a)(6), ELR STAT. CAA 99. 30. CAA § 202(k), 42 U.S.C. § 7521(k), ELR STAT. CAA 104. 31. CAA § 202(l), 42 U.S.C. § 7521(l), ELR Stat. 104. 32. CAA § 202(m), 42 U.S.C. § 7521(m), ELR STAT. CAA 104-05. 33. CAA § 218, 42 U.S.C. § 7553, ELR STAT. CAA 124. 34. CAA § 219, 42 U.S.C. § 7554, ELR STAT. CAA 124. 35. 42 U.S.C. § 7522(a), ELR STAT. CAA 105. 36. 42 U.S.C. § 7525(a), ELR STAT. CAA 107-08. 37. 40 C.F.R. § 86.610-84(a) (1991). 38. CAA § 207(a)(1), 42 U.S.C. § 7541(a)(1), ELR STAT. CAA 109. 39. CAA § 207(h), 42 U.S.C. § 7541(h), ELR STAT. CAA 111. 40. CAA § 207(c), 42 U.S.C. § 7541(c), ELR STAT. CAA 110. 41. See Chrysler Corp. v. United States, 631 F.2d 865, 10 ELR 20595 (D.C. Cir.), cert. denied, 449 U.S. 1021 (1980). 42. CAA § 207(c)(4)-(6), 42 U.S.C. § 7541(c)(4)-(6), ELR STAT. CAA 110-11. 43. 42 U.S.C. § 7522(a)(3), ELR STAT. CAA 105-06. 44. CAA § 182(a)(1)(B), 42 U.S.C. § 7511a(a)(1)(B), ELR STAT. CAA 83. 45. CAA § 182(b)-(e), 42 U.S.C. § 7511a(b)-(e), ELR STAT. CAA 84-88. 46. 42 U.S.C. § 7545(a), ELR STAT. CAA 113. 47. CAA § 211(b), 42 U.S.C. § 7545(b), ELR STAT. CAA 113. EPA's registration regulations are set forth at 40 C.F.R. pt. 79 (1991). 48. 40 C.F.R. §§ 79.31(a), 79.32(a). 49. Id. §§ 79.31(c)-(d), 79.32(c). 50. 42 U.S.C. § 7545(c)(4), ELR STAT. CAA 114. 51. CAA § 211(d), 42 U.S.C. § 7545(d), ELR STAT. CAA 114. 52. 42 U.S.C. § 7545(c)(1), ELR STAT. CAA 113-14. 53. 40 C.F.R. §§ 80.2(g), 80.22(a). For decisions concerning the lead limit and EPA's regulations, see Amoco Oil Co. v. EPA, 543 F.2d 270, 6 ELR 20688 (D.C. Cir. 1976); Amoco Oil Co. v. EPA, 501 F.2d 722, 4 ELR 20397 (D.C. Cir. 1974). 54. 40 C.F.R. § 80.22(i). 55. Id. § 80.22(f). 56. 42 U.S.C. § 7545(f)(1), ELR STAT. CAA 115. 57. CAA § 211(f)(4), 42 U.S.C. § 7545(f)(4), ELR STAT. CAA 115. See Motor Vehicle Mfrs. Ass'n v. EPA, 768 F.2d 385, 15 ELR 20762 (D.C. Cir. 1985) (setting aside a waiver for a mixture of methanol and gasoline); American Methyl Corp. v. EPA, 749 F.2d 826, 15 ELR 20005 (D.C. Cir. 1984) (waiver cannot be revoked absent basis for regulation under § 211(c)). 58. Codified at 40 C.F.R. § 80.20(a)(1) (1991). 59. Id. § 80.20(d). 60. Id. § 80.20(e). 61. Ethyl Corp. v. EPA, 5 ELR 20096 (D.C. Cir. 1975), rev'd on reh'g en banc, 541 F.2d 1, 6 ELR 20267 (D.C. Cir. 1976). 62. 541 F.2d at 13-16, 29-32. 63. CAA § 211(n), 42 U.S.C. § 7545(n), ELR STAT. CAA 119. 64. 42 U.S.C. § 7545(f)(2), ELR STAT. CAA 115. 65. 42 U.S.C. § 7545(h), ELR STAT. CAA 115-16. 66. 42 U.S.C. § 7545(k)(10)(D), ELR STAT. CAA 118. 67. CAA § 211(k)(1), 42 U.S.C. § 7545(k)(1), ELR STAT. CAA 116. 68. CAA § 211(k)(3)(A), 42 U.S.C. § 7545(k)(3)(A), ELR STAT. CAA 117. 69. CAA § 211(k)(3)(B), 42 U.S.C. § 7545(k)(3)(B), ELR STAT. CAA 117. 70. CAA § 211(k)(2), 42 U.S.C. § 7545(k)(2), ELR STAT. CAA 116-17. 71. CAA § 211(k)(10)(D), 42 U.S.C. § 7545(k)(10)(D), ELR STAT. CAA 118; see Appendix 9B. 72. Id. 73. CAA § 211(k)(6), U.S.C. § 7545(k)(6), ELR STAT. CAA 117. 74. 42 U.S.C. § 7545(m)(1), (2), ELR STAT. CAA 118-19. 75. CAA § 211(m)(7), 42 U.S.C. § 7545(m)(7), ELR STAT. CAA 119. 76. CAA § 211(m)(3), 42 U.S.C. § 7545(m)(3), ELR STAT. CAA 119. 22 ELR 10257 | Environmental Law Reporter | copyright © 1992 | All rights reserved |