Page 456 - Fundamentals of Air Pollution 3E

404 24. The U.S. Clean Air Act Amendments of 1990

Title VI*. Stratospheric Ozone Protection
The EPA summary (4) for stratospheric ozone and global climate protec-
tion lists the basics of the title:
The new law builds on the market-based structure and requirements currently
contained in EPA's regulations to phase out the production of substances that
deplete the ozone layer. The law requires a complete phase-out of CFCs and halons
with interim reductions and some related changes to the existing Montreal Protocol,
revised in June 1990.
Under these provisions, EPA must list all regulated substances along with their
ozone-depletion potential, atmospheric lifetimes and global warming potentials
within 60 days of enactment.
In addition, EPA must ensure that Class I chemicals be phased out on a schedule
similar to that specified in the Montreal Protocol—CFCs, halons, and carbon tetra-
chloride by 2000; methyl chloroform by 2002—but with more stringent interim
reductions. Class II chemicals (HCFCs) will be phased out by 2030. Regulations for
Class I chemicals will be required within 10 months, and Class II chemical regulations
will be required by December 31, 1999.
The law also requires EPA to publish a list of safe and unsafe substitutes for
Class I and II chemicals and to ban the use of unsafe substitutes.
The law requires nonessential products releasing Class I chemicals to be banned
within 2 years of enactment. In 1994 a ban will go into effect for aerosols and non-
insulating foam using Class II chemicals, with exemptions for flammability and
safety. Regulations for this purpose will be required within one year of enactment,
to become effective two years afterwards.

Title VII: Provisions Relating to Enforcement
The CAAA90 contains a broad array of authorities to make the law
more readily enforceable, thus bringing it up to date with the other major
environmental statutes. EPA has new authorities to issue administrative
penalty orders up to U.S. $200,000 and field citations up to U.S. $5,000 for
lesser infractions. Civil judicial penalties are enhanced. Criminal penalties
for knowing violations are upgraded from misdemeanors to felonies, and
new criminal authorities for knowing and negligent endangerment will be
established.
In addition, sources must certify their compliance, and EPA has authority
to issue administrative subpoenas for compliance data. EPA will also be
authorized to issue compliance orders with compliance schedules of up to
1 year.
The citizen suit provisions have also been revised to allow citizens to
seek penalties against violators, with the penalties going to a U.S. Treasury
fund for use by EPA for compliance and enforcement activities. The U.S.
government's right to intervene is clarified and citizen plaintiffs will be
required to provide the U.S. government with copies of pleadings and draft
settlements.
Any atmospheric emissions for which EPA does not develop standards
may be regulated by state or regional authorities.