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112(q) - Savings Provision
(q) Savings Provision: States that any standard under Section 112 in effect or promulgated but not yet in effect before the 1990 Amendments are enacted will remain in effect unless modified under the CAA. Within 10 years of enactment of the amendments, all such standards must be reviewed and revised, if needed, to comply with Section 112(d).
The full text of CAA Section 112(q) follows:
(q) Savings Provision.-
(1) Standards previously promulgated.- Any standard under
this section in effect before the date of enactment of the
Clean Air Act Amendments of 1990 shall remain in force and
effect after such date unless modified as provided in this
section before the date of enactment of such Amendments or
under such Amendments. Except as provided in paragraph (4), any
standard under this section which has been promulgated, but has
not taken effect, before such date shall not be affected by
such Amendments unless modified as provided in this section
before such date or under such Amendments. Each such standard
shall be reviewed and, if appropriate, revised, to comply with
the requirements of subsection (d) within 10 years after the
date of enactment of the Clean Air Act Amendments of 1990. If a
timely petition for review of any such standard under section
307 is pending on such date of enactment, the standard shall be
upheld if it complies with this section as in effect before
that date. If any such standard is remanded to the
Administrator, the Administrator may in the Administrator's
discretion apply either the requirements of this section, or
those of this section as in effect before the date of enactment
of the Clean Air Act Amendments of 1990.
(2) Special rule.- Notwithstanding paragraph (1), no
standard shall be established under this section, as amended by
the Clean Air Act Amendments of 1990, for radionuclide
emissions from (A) elemental phosphorous plants, (B) grate
calcination elemental phosphorous plants, (C) phosphogypsum
stacks, or (D) any subcategory of the foregoing. This section,
as in effect prior to the date of enactment of the Clean Air
Act Amendments of 1990, shall remain in effect for radionuclide
emissions from such plants and stacks.
(3) Other categories.- Notwithstanding paragraph (1), this
section, as in effect prior to the date of enactment of the
Clean Air Act Amendments of 1990, shall remain in effect for
radionuclide emissions from non-Department of Energy Federal
facilities that are not licensed by the Nuclear Regulatory
Commission, coal-fired utility and industrial boilers, under-
ground uranium mines, surface uranium mines, and disposal of
uranium mill tailings piles, unless the Administrator, in the
Administrator's discretion, applies the requirements of this
section as modified by the Clean Air Act Amendments of 1990 to
such sources of radionuclides.
(4) Medical facilities.- Notwithstanding paragraph (1), no
standard promulgated under this section prior to the date of
enactment of the Clean Air Act Amendments of 1990 with respect
to medical research or treatment facilities shall take effect
for two years following the date of enactment of the Clean Air
Act Amendments of 1990, unless the Administrator makes a
determination pursuant to a rulemaking under section 112(d)(9).
If the Administrator determines that the regulatory program
established by the Nuclear Regulatory Commission for such
facilities does not provide an ample margin of safety to
protect public health, the requirements of section 112 shall
fully apply to such facilities. If the Administrator determines
that such regulatory program does provide an ample margin of
safety to protect the public health, the Administrator is not
required to promulgate a standard under this section for such
facilities, as provided in section 112(d)(9).