Sec. 902. Clean air
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During the temporary pause period, notwithstanding any other provision of law— the Administrator shall not issue a new permit for a covered facility under the Clean Air Act ( 42 U.S.C. 7401 et seq.); and the Administrator shall object in writing under subsections
(b)and
(c)of section 505 of the Clean Air Act ( 42 U.S.C. 7661d ), as applicable, to any new permit for a covered facility issued under the Clean Air Act ( 42 U.S.C. 7401 et seq.) by a State or local government pursuant to delegated authority. The Administrator shall offer to enter into an agreement with the National Academy of Sciences and the National Institutes of Health to conduct a study of— the existing and planned expansion of the industry of the producers of covered products, including the entire supply chain, end uses, disposal fate, and lifecycle impacts of covered products; the environmental justice and pollution impacts of covered facilities and the products of covered facilities; the existing standard technologies and practices of covered facilities with respect to the discharge and emission of pollutants into the environment; and the best available technologies and practices that reduce or eliminate the environmental justice and pollution impacts of covered facilities and the products of covered facilities. If the Administrator fails to enter into an agreement described in subparagraph (A), the Administrator shall conduct the study described in such subparagraph. The study under paragraph
(1)shall— consider— the direct, indirect, and cumulative environmental impacts of the industries of covered facilities to date; and the impacts of the planned expansion of those industries, including local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of those industries; and recommend technologies, standards, and practices to remediate or eliminate the local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of covered facilities and the industries of covered facilities. Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study under paragraph (1). Not later than 3 years after the date of enactment of this Act, the Administrator shall finalize regulations pursuant to section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) to limit emissions of greenhouse gases and other air pollutants from covered facilities. The regulation required by subparagraph
(A)shall provide for the establishment, implementation, and enforcement of standards of performance limiting emissions of greenhouse gases and other air pollutants under section 111(b) of the Clean Air Act ( 42 U.S.C. 7411(b) ) for emissions from new, reconstructed, and modified covered facilities that are new sources (as defined in section 111(a) of such Act ( 42 U.S.C. 7411(a) )). The standards of performance required by subparagraph
(B)shall— require the application of the best system of emission reduction to include the use of zero-emissions energy sources, except to the extent that waste gases are recycled; and include necessary conditions and procedures for the Administrator to determine that certain activities at covered facilities require the use of non-zero-emissions energy sources. The regulation required by subparagraph
(A)shall designate ethylene, propylene, polyethylene, and polypropylene production facilities as a category of stationary sources under section 111(b)(1)(A) of the Clean Air Act ( 42 U.S.C. 7411(b)(1)(A) ). The regulation required by subparagraph
(A)shall include such updates to existing standards of performance under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) as the Administrator determines to be necessary, accounting for technological advances, to ensure the protection of the health and welfare of frontline communities. Such updates shall include— with respect to, at covered facilities, storage vessels containing liquid with a vapor pressure of equal to or more than 5 millimeters of mercury under actual storage conditions, ensuring that owners or operators of such storage vessels use an internal floating or fixed roof tank connected to a volatile organic compound control device; with respect to elevated or ground-level flaring at covered facilities, updating standards to ensure that— such flaring is permitted only when necessary for safety reasons; and such standards are, without exception, continuously applied; with respect to synthetic organic chemical manufacturing industry (commonly referred to as SOCMI ) equipment used at covered facilities— ensuring that owners and operators of such equipment, wherever possible, use process units and components with a leak-less or seal-less design; ensuring that owners and operators of such equipment use optical gas imaging to identify leaks on a quarterly basis; prohibiting the use of open-ended valves or lines except for safety reasons; lowering the threshold for no detectable emissions to mean an instrument reading of less than 50 parts per million above background concentrations; and defining a leak as any instrument reading above the standard described in subclause (IV); with respect to natural gas-fired steam boilers at covered facilities, ensuring that such boilers may burn only gaseous fuels, not solid or liquid fuels; and with respect to air emissions monitoring at covered facilities, requiring— accurate and continuous emissions monitoring of criteria air pollutants subject to a standard issued under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ) for all combustion devices except non-enclosed flares; fenceline monitoring for the pollutants listed in subclause
(I)and other relevant air pollutants; and accurate and continuous recordkeeping when monitoring described in subclauses
(I)and
(II)is required and making such records publicly available. Not later than 3 years after the date of enactment of this Act, the Administrator shall finalize regulations pursuant to section 112 of the Clean Air Act ( 42 U.S.C. 7412 ) to further limit emissions of hazardous air pollutants (as defined in section 112(a) of the Clean Air Act ( 42 U.S.C. 7412(a) ) from covered facilities and benzene waste operations. The regulations required by subparagraph
(A)shall provide for the establishment, implementation, and enforcement of updated maximum achievable control technology standards for covered facilities and benzene waste operations. Such standards shall— at a minimum, prohibit, for any hazardous air pollutant, an instrument reading of 50 or more parts per million above background concentrations; define a leak of a hazardous air pollutant as any instrument reading above the standard described in clause (i); and include necessary conditions and procedures for the Administrator to determine whether covered facilities and benzene waste operations exhibit any such leaks. The regulation required by subparagraph
(A)shall include such updates to existing requirements under section 112 of the Clean Air Act ( 42 U.S.C. 7412 ) as the Administrator determines to be necessary, accounting for technological advances, to ensure the protection of the health and welfare of frontline communities. Such updates shall include— disallowing the use of alternative means of emission limitation for the purpose of reducing benzene emissions; and updating standards for covered facilities and benzene waste operations in accordance with subparagraph (B)(ii).
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