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.
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