Re: [CPEO-MEF] New, Revised RRPI/Exemptions proposal from the DefenseDepartment

[Lenny Siegel <lsiegel@cpeo.org>]

This is the proposed text of the Defense Department's proposed language
to modify the Clean Air Act:

SEC. 313. AIR QUALITY PLANS.

a) CONFORMITY WITH CLEAN AIR ACT. - In any case in which the
requirements of section 176(c) of the Clean Air Act would have applied
to proposed military readiness activities, the Department of Defense
shall not be prohibited from engaging in such activities and it shall
have up to three years, from the date such activities begin, to satisfy
the requirements of that section, provided:

     (1) the Department of Defense has provided the state in which the
proposed military readiness activities would occur an estimate of the
annual emissions caused by he proposed military readiness activities for
all criteria pollutants for which the area is designated "nonattainment"
or "maintenance" ; and

     (2) the state provides written concurrence with the extension of up
to three years.

(b) ENVIRONMENTAL PROTECTION AGENCY APPROVAL. - Notwithstanding any
other provisions of law, an implementation plan or plan revision
required under the Clean Air Act shall be approved by the Administrator
of the Environmental Protection Agency if:

     (1) such plan or revision meets all the requirements applicable to
it under the Clean Air Act other than a requirement that such plan or
revision demonstrate attainment and maintenance of the relevant national
ambient air quality standards by the attainment date specified under the
applicable provision of the Act, or in a regulation promulgated under
such provision; and

     (2) the submitting State established to the satisfaction of the
Administrator that the implementation plan of such State would be
adequate to attain and maintain the relevant national ambient air
quality standards by the attainment date specified under the applicable
provision of the Act, or in a regulation promulgated under such
provision, but for emissions emanating from military readiness
activities not otherwise meeting section 176(c) of the Act pursuant to
paragraph (a) of this section.

(c) EFFECT ON STATE COMPLIANCE WITH OZONE STANDARDS. - Notwithstanding
any other provisions of law, any state that establishes to the
satisfaction of the Administrator that, with respect to an ozone
nonattainment area in such State, such State would have attained the
national ambient air quality standard for ozone by the applicable
attainment date, but for emissions emanating from military readiness
activities not otherwise meeting section 176(c) of the Act pursuant to
paragraph (a) of this section, shall not be subject to the provisions of
section 181(b)(2) and (4) or section 185 of the Act.

(d) EFFECT ON STATE COMPLIANCE WITH CARBON MONOXIDE STANDARDS. - 
Notwithstanding any other provision of law, any State that establishes
to the satisfaction of the Administrator, with respect to a carbon
monoxide nonattainment area in such State, that such State has attained
the national ambient air quality standard for carbon monoxide by the
applicable attainment date, but for emissions emanating from military
readiness activities not otherwise meeting section 176(c) of the Act
pursuant to paragraph (a) of this section, shall not be subject to the
provisions of section 186(b)(2) or 187(g) of the Act.

(e) EFFECT ON STATE COMPLIANCE WITH PM-10 STANDARDS. - Notwithstanding
any other provisions of law, any State that establishes to the
satisfaction of the Administrator that, with respect to a PM-10
nonattainment area in such State, such State would have attained the
national ambient air quality standard for PM-10 by the applicable
attainment date, but for emission emanating from military readiness
activities not otherwise meeting section 176(c) of the Act pursuant to
paragraph (a) of this section, shall not be subject to the provisions of
section 188(b)(2) of the Act.

(f) MILITARY READINESS ACTIVITIES. - The term "military readiness
activities" - 
     (1) includes - 
          (A) all training and operations of the Armed Forces that
relate to combat; and
          (B) the adequate and realistic testing of military equipment,
vehicles, weapons, and sensors for proper operation and suitability for
combat use; but
     (2) does not include - 
          (A) the routine operation of installation operating support
functions, including but 10 not limited to heat and electric production,
administrative offices, military exchanges, commissaries, water
treatment facilities, storage facilities, schools, housing, motor pools,
laundries, morale, welfare, and recreation activities, shops, and mess halls;
          (B) the operation of industrial activities; or
          (C) the construction or demolition of facilities used for a
purpose described in paragraph (1).


-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org
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