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24 SONREEL News 1 (1992-1993)

handle is hein.journals/trends24 and id is 1 raw text is: Clean Air Act Satellite Seminar- When Will EPA Issue Regulations? By Charles S. Carter Hot issues and fast-breaking devel- opments have taken the spotlight at Clean Air Act satellite seminars jointly sponsored by the SONREEL Solid and Hazardous Waste Com- mittee and the Air and Solid Waste Management Association in cooper- ation with the U.S. EPA over the past two years. The most recent, Up~iate: Implementing the 1990 Clean Air Act, broadcast on February 27, 1992, to more than 1,100 viewers at over seventy loca- tions, proved no exception. The lack of developments in EPA guid- ance and regulations necessary to implement Clean Air Act re- quirements that are subject to rapidly approaching and even past statutory deadlines fueled the debate among the EPA, state agency and industrial representatives on the panels. When are we likely to see them? panel moderator Andrea Bear- Field asked prominent EPA staffers regarding both the operating permit program regulations that were due out on November 15, 1991, and the General Preamble on state imple- mentation plan nonattainment pro- visions, which states need to prepare submissions that are due In November of this year. EPA staffers were careful to note that EPA cannot extend this November deadline, despite EPA's own delays in issuing guidance and regulations. (The General Preamble was published after the teleconference, on April 16). The implementation of many of the 1990 amendments to the Clean Air Act has, in fact, been virtually hamstrung by struggles among OMB, the White House Council on Competitiveness and EPA. The pending regulations gov- erning the operating permit program are illustrative. The 1990 amendments to the Clean Air Act establish an operating permit program for major stationary sources, modeled on the National Pollutant Discharge Elimination System (NPDES) permit program under the Clean Water Act. Like the NPDES permits, these permits are to be issued by the states and are to contain all emission requirements applicable to a particular source. EPA was to have issued regulations that established the minimum elements for the state programs by November 15, 1991, with states to submit programs for EPA approval by November 15, 1993. EPA proposed the operating permit program regulations on May 10, 1991, but has been unable to issue final rules due to an inability to resolve with OMB and the Council on Competitiveness the extent of public review necessary for minor permit modifications. This issue was apparently resolved in mid-May of this year, when President Bush intervened, deciding that no public comment period should be necessary. Continued on lost page

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