Page:United States Statutes at Large Volume 104 Part 4.djvu/100

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104 STAT. 2416 PUBLIC LAW 101-549—NOV. 15, 1990 with the Secretary of Housing and Urban Development, as a zone to which economic development should be targeted," at the beginning thereof. (B) Strike "172(b)" and insert "172(c)". (6) Make the following amendments in paragraph (4): (A) Insert "the Administrator has not determined that" after "(4)". (B) Strike "being carried out" and insert "not being adequately implemented". (C) Replace the period at the end thereof with "; and". (7) Add the following new paragraph after paragraph (4): "(5) an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.". (8) Strike "(I)(A) shall be legally binding" in the concluding sentence of subsection (a), as redesignated by this subsection and insert "(1) shall be federally enforceable". (9) Add a new subsection (b) to read as follows: " (b) PROHIBITION ON USE OF OLD GROWTH ALLOWANCES. — Any growth allowance included in an applicable implementation plan to meet the requirements of section 172(b)(5) (as in effect immediately before the date of the enactment of the Clean Air Act Amendments of 1990) shall not be valid for use in any area that received or receives a notice under section 110(aK2XHXii) (as in effect immediately before the date of the enactment of the Clean Air Act Amendments of 1990) or under section llO(k)(l) that its applicable implementation plan containing such allowance is substantially inadequate. ". (10) Add the following new subsections at the end thereof: "(c) OFFSETS.— (1) The owner or operator of a new or modified major stationary source may comply with any offset requirement in effect under this part for increased emissions of any air pollutant only by obtaining emission reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the State may allow the owner or operator of a source to obtain such emission reductions in another nonattainment area if (A) the other area has an equal or higher nonattainment classification than the area in which the source is located and (B) emissions from such other area contribute to a violation of the national ambient air quality standard in the nonattainment area in which the source is located. Such emission reductions shall be, by the time a new or modified source commences operation, in effect and enforceable and shall assure that the total tonnage of increased emissions of the air pollutant from the new or modified source shall be offset by an equal or greater reduction, as applicable, in the actual emissions of such air pollutant from the same or other sources in the area. "(2) Emission reductions otherwise required by this Act shall not be creditable as emissions reductions for purposes of any such offset requirement. Incidental emission reductions which are not otherwise required by this Act shall be creditable as emission reductions for such purposes if such emission reductions meet the requirements of paragraph (1). I*^**^- ^ "(d) CONTROL TECHNOLOGY INFORMATION. —The State shall provide reltTttons* ^^^^ control technology information from permits issued under this