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 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 79

SEC. 508. SPECIAL PROVISIONS REGARDING CERTAIN DUMPING SITES.

(a) FINDING.—The Congress finds that the New York Bight Apex 33 USC 1414a is no longer a suitable location for the ocean dumping of municipal note, sludge. (b) GENERAL RULE.—Title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) is further amended by inserting after section 104 the following new section: 33 USC 1414. SPECIAL PROVISIONS REGARDING CERTAIN DUMPING SITES

"SEC. 104A. (a) N E W YORK BIGHT APEX.—(1) For purposes of this

33 USC I4l4a.

subsection: "(A) The term 'Apex' means the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude. "(B) The term 'Apex site' means that site within the Apex at which the dumping of municipal sludge occurred before October 1, 1983. "(C) The term 'eligible authority' means any sewerage authority or other unit of State or local government that on November 2, 1983, was authorized under court order to dump municipal sludge at the Apex site. %2) No person may apply for a permit under this title in relation to the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex unless that person is an eligible authority. "(3) The Administrator may not issue, or renew, any permit under this title that authorizes the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex after the ='^'' earlier of— "(A) December 15, 1987; or "(B) the day determined by the Administrator to be the first day on which municipal sludge generated by eligible authorities can reasonably be dumped at a site designated under section 102 33 USC 1412. other than a site within the Apex. "(b) RESTRICTION ON USE OF THE 106-MILE SITE.—The Adminis-

trator may not issue or renew any permit under this title which authorizes any person, other than a person that is an eligible authority within the meaning of subsection (a)(1)(C), to dump, or to transport for the purposes of dumping, municipal sludge within the site designated under section 102(c) by the Administrator and known as the '106-Mile Ocean Waste Dump Site' (as described in 49 F.R. 19005).".

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SEC. 509. OCEAN DISCHARGE RESEARCH PROJECTS.

(a) IN GENERAL.—Notwithstanding any other provision of law, the California. Administrator is authorized to issue a research permit to the Orange County, California, Sanitation Districts for the discharge of preconditioned municipal sewage sludge into the ocean for the '' purpose of enabling research to be conducted in assessing and analyzing the effects of disposing of sewage sludge by pipeline into ocean waters— ^ (1) if the Administrator is satisfied that such local governmental agency is actively pursuing long-term land-based options for the handling of its sludge with special emphasis on remote disposal alternatives set forth in the 1980 LA/OMA sludge

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Page:United States Statutes at Large Volume 101 Part 1.djvu/110

 101 STAT. 80

33 USC 1311.

PUBLIC LAW 100-4—FEB. 4, 1987 management project and on reuse of sludge or use of recycled sludge; and (2) if the Administrator determines that there is no likelihood of an unacceptable adverse effect on the environment as a result of issuance of such permit and that such permit would meet the requirements of paragraph (2) of section 301(h) of the Federal Water Pollution Control Act, as amended by this Act, and of the sentences following the first sentence of such section if such permit were being issued under such section. (b) PERMIT TERMS.—

State and local governments. Reports.

Fish and fishing. Wildlife.

33 USC 1251 note.

Mexico.

(1) PERIOD.—The permit for the discharge of sludge shall be for a period of 5 years commencing on the date of such discharge and shall not be extended or renewed. (2) MONITORING.—Such permit shall provide for monitoring (including whole effluent monitoring) of permitted discharges and other discharges into the ocean in the same area and the effects of such discharges (including cumulative effects) in conformance with requirements established by the Administrator, after consultation with appropriate Federal and State agencies, and for the reporting of such monitoring to Congress and the Administrator every 6 months. (3) VOLUME OF DISCHARGE.—Such permit shall provide that the volume of such local agency's sludge disposed of by such experimental pipeline shall be no more than one and one-iiialf times that being disposed of by such remote disposal and alternatives for the reuse of sludge and the use of recycled sludge. In no event shall the agency dispose of more than 50 percent of its sludge by the pipeline. (4) TERMINATION.—The permit shall provide for termination of the permit if the Administrator determines that the disposal of sewage sludge is resulting in an unacceptable adverse impact on fish, shellfish, and wildlife. The Administrator may terminate a permit issued under this section if the Administrator determines that there has been a decline in ambient water quality of the receiving waters during the period of the permit even if a direct cause and effect relationship cannot be shown. If the effluent from a source with a permit issued under this section is contributing to a decline in ambient water quality of the receiving waters, the Administrator shall terminate such permit. (c) LIMITATION ON PRECEDENT.—The facts and circumstances described in subsection (a) present a unique situation which will not establish a precedent for the relaxation of the requirements of the Federal Water Pollution Control Act applicable to similarly situated discharges. (d) REPORT.—Such districts shall report the results of the program and an analysis of such program to Congress under this section not later than four and one-half years after issuance of the permit. SEC. 510. SAN DIEGO, CALIFORNIA.

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(a) PURPOSE.—The purpose of this section is to protect the economy, public health, environment, surface water and public beaches, and water quality of the city of San Diego, California, and surrounding areas, which are endangered and are being polluted by raw sewage emanating from the city of Tijuana, Mexico. (b) CONSTRUCTION GRANTS.—Upon approval of the necessary plans and specifications, the Administrator is authorized to make grants

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Page:United States Statutes at Large Volume 101 Part 1.djvu/111

 PUBLIC LAW 100-4—FEB. 4, 1987 to the Secretary of State, acting through the American Section of the International Boundary and Water Commission (hereinafter in this section referred to as the "Commission"), or any other Federal agency or any other appropriate commission or entity designated by the President. Such grants shall be for construction of a project consisting of— (1) defensive treatment works to protect the residents of the city of San Diego, California, and surrounding areas from pollu? tion resulting from any inadequacies or breakdowns in wastewater treatment works and systems in Mexico; and ' (2) treatment works in the city of San Diego, California, to provide primary or more advanced treatment of municipal sewage and industrial waste from Mexico, including the city of Tijuana, Mexico. (c) LIMITATION ON GRANTS.—Notwithstanding subsection (b), the Administrator may make grants for construction of treatment works described in subsection (b)(2) only if, after public notice and comment, the Administrator determines that treatment works in Mexico, in conjunction with any defensive treatment works constructed under this or any other Act, are not sufficient to protect the residents of the city of San Diego, California, and surrounding areas from water pollution originating in Mexico. (d) OPERATION AND MAINTENANCE.—The Commission or such other agency, commission, or entity as may be designated under subsection (b) is authorized to operate and maintain any treatment works constructed under subsection (b) in order to accomplish the purposes of this section. (e) APPROVAL OF PLANS.—Any treatment works for which a grant is made under this section shall be constructed in accordance with plans developed by the Commission or such other agency, commission, or entity as may be designated under subsection (b), in consultation with the city of San Diego, and approved by the Administrator to meet the construction standards which would be applicable if such treatment works were being constructed under title II of the Federal Water Pollution Control Act. (f) FEDERAL SHARE.—Construction of the treatment works under subsection (b) shall be at full Federal expense less any costs paid by the State of California and less any costs paid by the Government of Mexico as a result of agreements negotiated with the United States. (g) OCEAN OUTFALL PERMIT.—Notwithstanding section 301(j) of the Federal Water Pollution Control Act, upon application of the city of San Diego, California, the Administrator may issue a permit under section 301(h) of such Act which modifies the requirements of section 301(b)(1)(B) of such Act to permit the discharge of pollutants for any ocean outfall constructed with Federal assistance under this section if the Administrator finds that issuing such permit is in the best interests of achieving the goals and requirements of such Act. The Administrator may waive the requirements of section 301(h)(5) of such Act with respect to the issuance of such permit if the Administrator finds that such waiver is in the best interests of achieving the goals and requirements of such Act. (h) TREATMENT OF SAN DIEGO SEWAGE.—If any treatment works constructed pursuant to this section becomes no longer necessary to provide protection from pollution originating in Mexico, the city of San Diego, California, may use such treatment works to treat municipal and individual waste originating in the city of San Diego and surrounding areas if the city of San Diego enters into a binding

101 STAT. 81

Pollution.

33 USC 1281.

Pollution. 33 USC 1311.

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 101 STAT. 82

33 USC 1292. Grants.

,

PUBLIC LAW 100-4—FEB. 4, 1987 agreement with the Administrator to pay to the United States 45 percent of the costs incurred in the construction of such treatment works. (i) DEFINITIONS.—For purposes of this section, the terms "construction" and "treatment works" have the meanings such terms have under section 212 of the Federal Water Pollution Control Act. (j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for fiscal years beginning after September 30, 1986, such sums as may be necessary to the Administrator to make grants under this section and such sums as may be necessary to the Commission or such other agency, commission, or entity as the President may designate under subsection (b), to carry out this section. SEC. 511. LIMITATION ON DISCHARGE OF RAW SEWAGE BY NEW YORK (a) IN GENERAL.— (1) NORTH RIVER PLANT.—If the wastewater treatment plant

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identified in the consent decree as the North River plant has not achieved advanced preliminary treatment as required under the terms of the consent decree by August 1, 1986, the city of New York shall not discharge raw sewage from the drainage area of such plant (as defined in the consent decree) into navigable waters after such date in an amount which is greater for any 30-day period than an amount equal to 30 times the average daily amount of raw sewage discharged from such drainage area during the 12-month period ending on the earlier of the date on which such plant becomes operational or March 15, 1986 (as determined by the Administrator), except as provided in subsection (b). (2) RED HOOK PLANT.—If the wastewater treatment plant identified in the consent decree as the Red Hook plant has not achieved advanced preliminary treatment as required under the terms of the consent decree by August 1, 1987, the city of New York shall not discharge raw sewage from the drainage area of such plant (as defined in the consent decree) into navigable waters after such date in an amount which is greater for any 30day period than an amount equal to 30 times the average daily amount of raw sewage discharged from such drainage area during the 12-month period ending on the earlier of the date on which such plant becomes operational or March 15, 1987 (as ! determined by the Administrator), except as provided in subsection (b). (b) WAIVERS.— (1) INTERRUPTION OF PLANT OPERATION.—In

the event of any significant interruption in the operation of the North River plant or the Red Hook plant caused by an event described in subparagraph (A), (B), or (C) of paragraph (5) occurring after the applicable deadline established under subsection (a), the Administrator shall waive the limitation of subsection (a) with respect to such plant, but only to such extent and for such limited period of time as may be reasonably necessary for the city of New York to resume operation of such plant. (2) INCREASED PRECIPITATION.—In the event that the volume of precipitation occurring after the applicable deadline established under subsection (a) causes the discharge of raw sewage to exceed the limitation under subsection (a), the Administrator

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 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 83

shall waive the limitation of subsection (a) with respect to either or both such plants, but only to such extent and for such limited period of time as the Administrator determines to be necessary to take into account the increased discharge caused by such volume of precipitation. (3) VARIATIONS IN CERTAIN NORTH RIVER DRAINAGE AREA DIS-

CHARGES.—In the event that an increase in discharges from the North River drainage area constituting a violation of subsection (a)(1) is due to a random or seasonal variation, and that any sewer hookup occurring, or permit for a sewer hookup granted, after July 31, 1986, is not responsible for such violation, the Administrator shall waive the limitation of subsection (a)(1), but only to such extent and for such limited period of time as the Administrator determines to be reasonably necessary to take into account such random or seasonal variation. (4) VARIATIONS IN CERTAIN RED HOOK DRAINAGE AREA DIS-

CHARGES.—In the event that an increase in discharges from the Red Hook drainage area constituting a violation of subsection (a)(2) is due to a random or seasonal variation, and that any sewer hookup occurring, or permit for a sewer hookup granted, after July 31, 1987, is not responsible for such violation, the Administrator shall waive the limitation of subsection (a)(2), but only to such extent and for such limited period of time as the Administrator determines to be reasonably necessary to take into account such random or seasonal variation. (5) CIRCUMSTANCES BEYOND CITY'S CONTROL.—The Adminis-

trator shall extend either deadline under paragraph (1) or (2) of subsection (a) to such extent and for such limited period of time as may be reasonably required to take into account any— (A) act of war, (B) unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight, or (C) other circumstances beyond the control of the city of New York, except such circumstances shall not include (i) the unavailability of Federal funds under section 201 of the Federal Water Pollution Control Act, (ii) the unavailability 33 USC 1281. of funds from the city of New York or the State of New York, or (iii) a policy decision made by the city of New York or the State of New York to delay the achievement of advanced preliminary treatment at the North River plant or Red Hook plant beyond the applicable deadline set forth in subsection (a). (c) PENALTIES.—Except as otherwise provided in subsection (b), any violation of subsection (a) shall be considered to be a violation of section 301 of the Federal Water Pollution Control Act, and all 33 USC 1311. provisions of such Act relating to violations of such section 301 shall apply. (d) CONSENT DECREE DEFINED.—For purposes of this section, the term "consent decree" means the consent decree entered into by the Environmental Protection Agency, the city of New York, and the State of New York, on December 30, 1982, relating to construction and operation of the North River and Red Hook wastewater treatment plants.

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 101 STAT, 84

PUBLIC LAW 100-4—FEB. 4, 1987 (e) COOPERATION.—The Administrator shall work with the city of New York to eliminate the discharge of raw sewage by such city at the earliest practicable date. (f) SAVINGS CLAUSE.—Nothing in this section shall be construed as modifying the terms of the consent decree. (g) SENSE OF CONGRESS.—It is the sense of Congress that the Administrator should not agree to any further modification of the consent decree with respect to the schedule for achieving advanced preliminary treatment. (h) TERMINATION DATES.— (1) NORTH RIVER PLANT.—The provisions of this section shall

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remain in effect with respect to the North River drainage area until such time as the North River plant has achieved advanced preliminary treatment (as defined in the consent decree) for a period of six consecutive months. .,, (2) RED HOOK PLANT.—The provisions of this section shall remain in effect with respect to the Red Hook drainage area until such time as the Red Hook plant has achieved advanced preliminary treatment (as defined in the consent decree) for a period of six consecutive months. (i) MONITORING ACTIVITIES.—The Administrator shall promptly establish and carry out a program within available funds to implement the monitoring activities which may be required under subsection (a). (j) ESTABLISHMENT OF METHODOLOGIES.—The Administrator shall establish the methodologies, data base, and any other information required for making determinations under subsection (b)— (1) for the North River drainage area (as defined in the consent decree) by July 31, 1986, unless the requirements of subsection (h)(1) have been satisfied, and (2) for the Red Hook drainage area (as defined by the consent ' "' decree) by July 31, 1987, unless the requirements of subsection (h)(2) have been satisfied, (k) VIOLATIONS.—In carrying out this section, if the Administrator finds that a violation of subsection (a) has occurred, the Administrator shall also determine, within 30 days after such finding, whether a provision of subsection (b) applies. If the Administrator requires information from the city of New York in order to determine whether a provision of subsection (b) applies, the Administrator shall request such information. If the city of New York does not supply the information requested by the Administrator, the Administrator shall determine that subsection (b) does not apply. The city of New York shall be responsible only for such expenses as are necessary to provide such requested information. Enforcement action pursuant to subsection (c) shall be commenced at the end of such 30 days unless a provision of subsection (b) applies. SEC. 512. OAKWOOD BEACH AND RED HOOK PROJECTS, NEW YORK. (a) RELOCATION OF NATURAL GAS FACILITIES.—Notwithstanding

33 USC 1251 ^°^-

any provision of the Federal Water Pollution Control Act, the Administrator shall pay, to the extent provided in appropriation Acts, in the same proportion as the Federal share of other project costs, all expenses for the relocation of facilities for the distribution of natural gas with respect to the entire wastewater treatment works known as the Oakwood Beach (EPA Grant Numbered 360392) and Red Hook (EPA Grant Numbered 360394) projects, New York.

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 PUBLIC LAW 100-4—FEB. 4, 1987 (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for fiscal years beginning after September 30, 1986, not to exceed $7,000,000 to carry out this section.

101 STAT. 85 i>:,.H

SEC. 513. BOSTON HARBOR AND ADJACENT WATERS.

(a) GRANTS.—The Administrator shall make grants to the Massachusetts Water Resource Authority for purposes of— (1) assessing the principal factors having an adverse effect on the environmental quality of Boston Harbor and its adjacent waters; (2) developing and implementing a management program to improve the water quality of such Harbor and waters; and (3) constructing necessary waste water treatment works for providing secondary treatment for the areas served by such authority. (b) FEDERAL SHARE.—The Federal share of projects described in subsection (a) shall not exceed 75 percent of the cost of construction thereof. Ti i ^; (c) EMERGENCY IMPROVEMENTS.—The Administrator is authorized • ^ and directed to make grants to the Massachusetts Water Resource Authority for a project to undertake emergency improvements at the Deer Island Waste Water Treatment Plant in Boston, Massachusetts. The Federal share of such project shall not exceed 75 percent .; r??.• • of the cost of carrying out such improvements. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $100,000,000 to carry out this section for fiscal years beginning after September 30, 1986, to remain available until expended. Such sums shall be in addition to and not in lieu of any other amounts authorized to be appropriated under title II of the Federal Water Pollution Control Act. 33 USC 1281. SEC. 514. WASTEWATER RECLAMATION DEMONSTRATION.

(a) AUTHORITY TO MAKE GRANTS.—The Administrator is au- California. thorized to make a grant to the San Diego Water Reclamation Agency, California, to demonstrate and field test for public use innovative processes which advance the technology of wastewater reclamation and which promote the use of reclaimed wastewater. (b) FEDERAL SHARE.—The Federal share of grants made under this section shall be 85 percent of the costs of conducting such demonstration and field test. (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated not to exceed $2,000,000 to carry out this section for ' fiscal years beginning after September 30, 1986. no SEC. 515. DES MOINES, IOWA.

(a) GRANT.—The Administrator is authorized to make a grant to the city of Des Moines, Iowa, for construction of the Central Sewage Treatment Plant component of the Des Moines, Iowa, metropolitan area project. The Federal share of such project shall be 75 percent of the cost of construction. (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section not to exceed $50,000,000 foi fiscal years beginning after September 30, 1986. Such sums shall be in addition to and not in lieu of any other amounts authorized to be appropriated under title II of the Federal Water Pollution Control Act.

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 101 STAT. 86 33 USC 1875 note. Pollution. 33 USC 1251 note.

33 USC 1375 note.

33 USC 1281.

Ante, p. 20.

33 USC 1375 note. Pollution. 33 USC 1314.

PUBLIC LAW 100-4—FEB. 4, 1987 SEC. 516. STUDY OF DE MINIMIS DISCHARGES.

(a) STUDY.—The Administrator shall conduct a study of discharges of pollutants into the navigable waters and their regulation under the Federal Water Pollution Control Act to determine whether or not there are discharges of pollutants into such waters in amounts which, in terms of volume, concentration, and type of pollutant, are not significant and to determine the most effective and appropriate methods of regulating any such discharges. (b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of such study along with recommendations and findings concerning the most effective and appropriate methods of regulating any discharges of pollutants into the navigable waters in amounts which the Administrator determines under such study to be not significant. SEC. 517. STUDY OF EFFECTIVENESS OF INNOVATIVE AND ALTERNATIVE PROCESSES AND TECHNIQUES.

(a) EFFECTIVENESS STUDY.—The Administrator shall study the effectiveness on waste treatment of innovative and alternative wastewater treatment processes and techniques referred to in section 201(g)(5) of the Federal Water Pollution Control Act which have been utilized in treatment works constructed under such Act. In conducting such study, the Administrator shall compile information, by State, on the types of such processes and techniques utilized, on the number of facilities constructed with such processes and techniques, and a description of such processes and techniques which have not performed to design standards. The Administrator shall also determine which States have not obligated the full amount set aside under section 205(i) of such Act for such processes and techniques and the reasons for each such State's failure to make such obligations. (b) REPORT.—Not later than one year after the date of the enactment of this Act, the Administrator shall submit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of such study, along with recommendations for providing more effective incentives for innovative and alternative wastewater treatment processes and techniques. SEC. 518. STUDY OF TESTING PROCEDURES.

(a) STUDY.—The Administrator shall study the testing procedures for analysis of pollutants established under section 304(h) of the Federal Water Pollution Control Act. Such study shall include, but not be limited to, an analysis of the adequacy and standardization of such procedures. In conducting the analysis of the standardization of such procedures, the Administrator shall consider the extent to which such procedures are consistent with comparable procedures established under other Federal laws. (b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report on the results of the study conducted under this subsection, together with recommendations for modifying the test procedures referred to in subsection (a) to improve their effectiveness, to the Committee on Public Works and Transportation of the House of Representatives

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 PUBLIC LAW 100-4—FEB. 4, 1987

101 STAT. 87

and the Committee on Environment and Public Works of the Senate. SEC. 519. STUDY OF PRETREATMENT OF TOXIC POLLUTANTS.

(a) STUDY.—The Administrator shall study— (1) the adequacy of data on environmental impacts of toxic industrial pollutants discharged from publicly owned treatment works; (2) the extent to which secondary treatment at publicly owned treatment works removes toxic pollutants; (3) the capability of publicly owned treatment works to revise pretreatment requirements under section 307(b)(1) of the Federal Water Pollution Control Act; (4) possible alternative regulatory strategies for protecting the operations of publicly owned treatment works from industrial discharges, and shall evaluate the extent to which each such strategy identified may be expected to achieve the goals of this Act; . (5) for each such alternative regulatory strategy, the extent to which removal of toxic pollutants by publicly owned treatment works results in contamination of sewage sludge and the extent ! to which pretreatment requirements may prevent such contamination or improve the ability of publicly owned treatment works 405 of the Federal Water Pollution Control Act; and (6) the adequacy of Federal, State, and local resources to I: establish, implement, and enforce multiple pretreatment limits for toxic pollutants for each such alternative strategy. (b) REPORT.—Not later than 4 years after the date of the enactment of this Act, the Administrator shall submit a report on the results of such study along with recommendations for improving the effectiveness of pretreatment requirements to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. SEC. 520. STUDIES OF WATER POLLUTION PROBLEMS IN AQUIFERS.
 * ,.. to comply with sewage sludge criteria developed under section

(a) STUDIES.—The Administrator, in conjunction with State and local agencies and after providing an opportunity for full public participation, shall conduct studies for the purpose of identifying existing and potential point and nonpoint sources of pollution, and of identifying measures and practices necessary to control such sources of pollution, in the following groundwater systems and aquifers: (1) the groundwater system of the Upper Santa Cruz Basin and the Avra-Altar Basin of Pima, Pinal, and Santa Cruz ' Counties, Arizona; ^ (2) the Spokane-Rathdrum Valley Aquifer, Washington and Idaho; (3) the Nassau and Suffolk Counties Aquifer, New York; (4) the Whidbey Island Aquifer, Washington; (5) the Unconsolidated Quaternary Aquifer, Rockaway River area, New Jersey; (6) contaminated ground water under Litchfield, Hartford, Fairfield, Tolland, and New Haven counties, Connecticut; and (7) the Sparta Aquifer, Arkansas.

33 USC 1375 note.

33 USC 1317.

33 USC 1345. State and local governments.

33 USC 1375 note. state and local governments.

Arizona.

Weishington. Idaho. New York. New Jersey. Connecticut. Arkansas.

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 101 STAT. 88

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42 USC 1962d-20 note. Fish and fishing. Environmental protection.

33 USC 1251 note.

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33 USC 1375 note.

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PUBLIC LAW 100-4—FEB. 4, 1987 (b) REPORTS.—Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the studies conducted under this section. (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $7,000,000 for fiscal years beginning after September 30, 1986, to carry out this section. SEC. 521. GREAT LAKES CONSUMPTIVE USE STUDY. (a) STUDY OF CONSUMPTIVE USES.—In recognition of the serious

impacts on the Great Lakes environment that may occur as a result of increased consumption of Great Lakes water, including loss of wetlands and reduction of fish spawning and habitat areas, as well as serious economic losses to vital Great Lakes industries, and in recognition of the national goal to provide environmental protection and preservation of our natural resources while allowing for continued economic growth, the Secretary of the Army in cooperation with the Administrator, other interested departments, agencies, and instrumentalities of the United States, and the eight Great Lakes States, is authorized to conduct a study of the effecte of Great Lakes water consumption on economic growth and environmental quality in the Great Lakes region and of control measures that can be implemented to reduce the quantity of water consumed. (b) MATTERS INCLUDED.—The study authorized by this section shall at a minimum include the following: (1) a review of the methodologies used to forecast Great Lakes consumptive uses, including an analysis of the sensitivity of key variables affecting such uses; ^*" (2) an analysis of the effect that enforcement of provisions of the Federal Water Pollution Control Act relating to thermal discharges has had on consumption of Great Lakes water; (3) an analysis of the effect of laws, regulations, and national ii policy objectives on consumptive uses of Great Lakes water used iti} in manufacturing; 'ir (4) an analysis of the associated environmental impacts and of i • the economic effects on industry and other interests in the Great Lakes region associated with individual consumptive use control strategies; and (5) a summary discussion containing recommendations for methods of controlling consumptive uses which methods maximize benefits to the Great Lakes ecosystem and also provide for continued full economic growth for consuming industries as well as other industries which depend on the use of Great Lakes water. (c) GREAT LAKES STATES DEFINED.—For purposes of this section, the term "Great Lakes States" means Minnesota, Wisconsin, Illinois, Ohio, Michigan, Indiana, Pennsylvania, and New York. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for fiscal years beginning after September 30, 1986, $750,000 to carry out this section. Sums appropriated under this section shall remain available until expended. SEC. 522. SULFIDE CORROSION STUDY.

(a) STUDY.—The Administrator shall conduct a study of the corrosive effects of sulfides in collection and treatment systems, the extent to which the uniform imposition of categorical pretreatment standards will exacerbate such effects, and the range of available options to deal with such effects. ^ ., ,^

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Page:United States Statutes at Large Volume 101 Part 1.djvu/119

 101 STAT. 89

PUBLIC LAW 100-4—FEB. 4, 1987

(b) CONSULTATION.—The study required by this section shall be California. conducted in consultation with the Los Angeles City and County sanitation agencies. (c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report on the results of the study, together with recommendations for measures to reduce the corrosion of treatment works, to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $1,000,000 to carry out this section for fiscal years beginning after September 30, 1986. SEC. 523. STUDY OF RAINFALL INDUCED INFILTRATION INTO SEWER SYSTEMS.

33 USC 1375 note.

(a) STUDY.—The Administrator shall study problems associated California, with rainfall induced infiltration into wastewater treatment sewer systems. As part of such study, the Administrator shall study appropriate methods of regulating rainfall induced infiltration into the sewer system of the East Bay Municipal Utility District, California. (b) REPORT.—Not later than one year after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the results of such study, along with recommendations on reasonable methods to reduce such infiltration. SEC. 524. DAM WATER QUALITY STUDY.

The Administrator, in cooperation with interested States and Federal agencies, shall study and monitor the effects on the quality of navigable waters attributable to the impoundment of water by dams. The results of such study shall be submitted to Congress not later than December 31, 1987. SEC. 525. STUDY OF POLLUTION IN LAKE PEND OREILLE, IDAHO.

33 USC 1375 note. State and local governments.

33 USC 1375 note. Montana. Washington.

The Administrator shall conduct a comprehensive study of the sources of pollution in Lake Pend Oreille, Idaho, and the Clark Fork River and its tributaries, Idaho, Montana, and Washington, for the purpose of identifying the sources of such pollution. In conducting such study, the Administrator shall consider existing studies, surveys, and test results concerning such pollution. The Adminisi rator Reports, shall report to Congress the findings and recommendations concerning the study conducted under this section. J I M WRIGHT

Speaker of the House of Representatives. JOHN C. STENNIS

President of the Senate pro tempore. IN THE HOUSE OF REPRESENTATIVES, U.S., " February S. 1987. The House of Representatives having proceeded to reconsider the bill (H.R. 1) entitled "An Act to amend the Federal Water Pollution Control Act to provide for the

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 101 STAT. 90

PUBLIC LAW 100-4—FEB. 4, 1987 renewal of the quality of the Nation's waters, and for other purposes", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. DoNNALD K. ANDERSON

Clerk. I certify that this Act originated in the House of Representatives. DoNNALD K. ANDERSON

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vO- •'Z'^-'K..':

Clerk.

IN THE SENATE OF THE UNITED STATES, February 4, 1987. The Senate having proceeded to reconsider the bill (H.R. 1) entitled "An Act to amend the Federal Water Pollution Control Act to provide for the renewal of the quality of the Nation's waters, and for other purposes", returned by the President of the United States with his objections, to the House of Representatives in which it originated, and passed by the House of Representatives on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: , WALTER J. STEWART

Secretary.

LEGISLATIVE HISTORY—H.R. 1 (S. 1) (S. 76): CONGRESSIONAL RECORD, Vol. 133 (1987): Jan. 8, considered and passed House. Jan. 14, 16, 20, 21, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Jan. 30, Presidential veto messages. CONGRESSIONAL RECORD, Vol. 133 (1987): ' ' ' ' Feb. 3, House overrode veto. Feb. 4, Senate overrode veto.

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 PUBLIC LAW 100-5—FEB. 11, 1987 Public Law 100-5 100th Congress

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101 STAT. 91 ->,..

,

Joint Resolution Congratulating Dennis Conner and the crew of Stars and Stripes for their achievement in winning the America's Cup.

Whereas Stars and Stripes has successfully defeated Kookaburra III to bring the America's Cup back home to the United States where it belongs; Whereas Stars and Stripes has brought the America's Cup to the West Coast of the United States, where it will stay for generations to come; Whereas Stars and Stripes successfully defeated eleven competitors for the right to face New Zealand in the finals of the challenger's division; Whereas Stars and Stripes defeated the New Zealand boat, Kiwi, 4 to 1 for the right to sail against the Australian entry for the America's Cup; Whereas Stars and Stripes has captured the attention of the American people and has shown American ingenuity, spirit, and pride in their purest forms; and Whereas Stars and Stripes has taken the sport of yachting from the back pages of the American imagination and propelled it to page one of the vision of America's future: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation expressing to Dennis Conner and the crew of Stars and Stripes the heartfelt congratulations and thanks of our Nation for instilling such a great sense of national pride and for a job well done. Approved February 11, 1987.

LEGISLATIVE HISTORY—H.J. Res. 131: CONGRESSIONAL RECORD, Vol. 133 (1987): Feb. 4, considered and passed House. Feb. 5, considered and passed Senate.

Feb. 11, 1987 [H.J. Res. 131]

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 101 STAT. 92

PUBLIC LAW 100-6—FEB. 12, 1987 Public Law 100-6 100th Congress

'

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Joint Resolution Feb 12 1987 [H.J. Res. 102]

Making emergency additional funds available by transfer for the flscal year ending September 30, 1987, for the Emergency Food and Shelter Program of the Federal Emergency Management Agency.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sum is transferred, out of funds previously appropriated, for the fiscal year ending September 30, 1987, namely: FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER RELIEF _;

100 Stat. 1783. 100 Stat. 3341.

(RESCISSION)

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Of the funds included under this head in the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1987, and made available by Public Laws 99-500 and 99-591, $7,475,000 are rescinded. aa

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EMERGENCY FOOD AND SHELTER PROGRAM

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(BY TRANSFER)

For an additional amount for the "Emergency Food and Shelter Program", $50,000,000, which shall be derived by transfer from the Federal Emergency Management Agency appropriation "Disaster relief": Provided, That of such amount $5,000,000 shall be transferred to the Veterans' Administration medical care account to be available for the purpose of section 2 of this joint resolution. TREATMENT AND REHABILITATION FOR CHRONICALLY MENTALLY ILL VETERANS

SEC. 2. (a) Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 38 USC 620C.

"§ 620C. Community-based psychiatric residential treatment for chronically mentally ill veterans "(a) For the purposes of this section: "(1) The term 'case management' includes the coordination and facilitation of all services furnished to a veteran by the Veterans' Administration, either directly or through a contract, including, but not limited to, screening, assessment of needs, planning, referral (including referral for services to be furnished by either the Veterans' Administration or another entity), monitoring, reassessment, and followup. "(2) The term 'contract facility' means any facility which has been awarded a contract under subsection (b)(1) of this section.

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 PUBLIC LAW 100-6—FEB. 12, 1987 '

101 STAT. 93

"(3) The term 'eligible veteran' means a veteran who, at the time of referral to a contract facility— "(A) is being furnished hospital, domiciliary, or nursing home care by the Administrator for a chronic mental illness disability; or "(B) is homeless and has a chronic mental illness disability;or "(C) is a veteran described in section 612(a)(1)(B) of this title and has a chronic mental illness disability. "(b)(1) The Administrator, in furnishing hospital, nursing home, Contracts. and domiciliary care and medical and rehabilitative services under this chapter, may contract for care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities for eligible veterans suffering from chronic mental illness disabilities. "(2) Before furnishing such care and services to any veteran through a contract facility, the Administrator shall approve (in accordance with criteria which the Administrator shall prescribe by regulation) the quality and effectiveness of the program operated by such facility for the purpose for which such veteran is to be furnished such care and services. "(c) In the case of each eligible veteran provided care and services under this section, the Administrator shall designate a Veterans' Administration health-care employee to provide case management services. "(d) In furnishing care and services under this section, the Administrator shall accord priority for such care and services in the following order: "(1) To any veteran for a service-connected chronic mental illness disability. "(2) To any veteran with a disability rated as serviceconnected. ur "(3J TO any veteran for a non-service-connected disability, if the veteran is unable to defray the expenses of necessary care as determined under section 622(a)(1) of this title. "(e) The Administrator may provide in-kind assistance (through Contracts, the services of Veterans' Administration employees and the sharing of other Veterans' Administration resources) to a contract facility under this section. Any such in-kind assistance shall be provided under a contract between the Veterans' Administration and the contract facility. The Administrator may provide such assistance only for use solely in the furnishing of appropriate services under this section and only if, under such contract, the Veterans' Administration receives reimbursement for the full cost of such assistance, including the cost of services and supplies and normal depreciation and amortization of equipment. Such reimbursement may be made by reduction in the charges to the United States or by payment to the United States. Any funds received through such reimbursement shall be credited to funds allotted to the Veterans' Administration facility that provided the assistance. "(f) Not later than 3 years after the date of enactment of this Reports, section, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report

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 101 STAT. 94

PUBLIC LAW 100-6—FEB. 12, 1987 on the experience under this section. The report shall include the Administrator's evaluation and findings regarding— "(1) the quality of care furnished to participating veterans through contract facilities; "(2) any health advantages that may result from furnishing such care and services to veterans in such contract facilities rather than in inpatient facilities over which the Administrator has direct jurisdiction; "(3) the effectiveness of the use of contract facilities under this section in enabling the participating veterans to live outside of Veterans' Administration inpatient facilities and to achieve independence in living and functioning in their communities; "(4) the health advantages and cost effectiveness of the use of contract facilities under this section to furnish shelter and health care to homeless veterans who are suffering from chronic mental illness disabilities; "(5) the cost-effectiveness of furnishing such care through contract facilities under this section, including the effect on the average daily census in the Veterans' Administration hospitals, nursing homes, and domiciliary facilities participating in the program (taking into account whether the beds previously occu, pied by the participating veterans were subsequently occupied by other eligible veterans or remained unoccupied) and the effect on the numbers of Veterans' Administration staff employed at such facilities; and "(6) any plans for administrative action, and any recommendations for legislation, that the Administrator considers appropriate to include in such report.", (b) The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by inserting after the item relating to section 620B the following new item:

Contracts.

-

"620C. Community-based psychiatric residential treatment for chronically mentally ill veterans.".

38 USC 620C (c) Any contract authority or other spending authority granted by note. this section shall be limited to $5,000,000. 2 USC 358 note. SEC. 3. The recommendations of the President relating to rates of pay for offices and positions within the purview of section 225(f) of 2 USC 356. the Federal Salary Act of 1967, as included (pursuant to section 2 USC 358. 225(h) of such Act) in the budget transmitted to the Congress for fiscal year 1988, are disapproved. DEPARTMENT OF AGRICULTURE -h./'

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FOOD AND NUTRITION SERVICE TEMPORARY EMERGpNCY FOOD ASSISTANCE PROGRAM

(Disapproval of Deferral) '

The Congress disapproves the proposed deferral D87-33, in the amount of $28,559,000, relating to the Department of Agriculture, Food and Nutrition Service, Temporary Emergency Food Assistance

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 PUBLIC LAW 100-6—FEB. 12, 1987

101 STAT. 95

Program, as set forth in the message of January 28, 1987, which was transmitted to the Congress by the President. The disapproval shall Effective date. be effective upon enactment into law of this joint resolution and the amount of the proposed deferral disapproved herein shall be made available for obligation. Approved February 12, 1987.

LEGISLATIVE HISTORY—H.J. Res. 102: HOUSE REPORTS: No. 100-4 (Comm. on Appropriations). SENATE REPORTS: No. 100-5 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 133 (1987): Jan. 27, considered and passed House. Jan. 29, considered and passed Senate, amended. Feb. 4, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Feb. 12, Presidential statement.

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 101 STAT. 96 -fc

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PUBLIC LAW 100-7—MAR. 5, 1987 Public Law 100-7 100th Congress

, Joint Resolution

Mar 5 1987 ' [H.J. Res. 3]

'^° recognize the 100th anniversary of the enactment of the Hatch Act of March 2, 1887, and its role in establishing our Nation's system of State agricultural experiment stations.

Whereas the Act of March 2, 1887 (24 Stat. 440), as amended, 7 USC 361a note. commonly known as the Hatch Act of 1887, has fostered the development of a system of State agricultural experiment stations in conjunction with our Nation's land-grant colleges and universities and made possible original research and scientific studies that have provided information on the application of scientific knowledge to farming, rural development, conservation of natural resources, and rural life; Whereas the Hatch Act of 1887 has contributed greatly to the increased efficiency and productivity of United States agriculture, our Nation's leading industry, and in establishing research as a function of the land-grant colleges and universities; Whereas the establishment of the national system of State agricultural experiment stations was one of the most important steps to ensure the continued development and training of personnel devoted to scientific research and original investigations in agriculture and the education of new research workers necessary to push back the frontiers of knowledge in agriculture; Whereas the contributions of the State agricultural experiment stations to fundamental knowledge in agriculture have been substantial and their positive effect on improving the quality of life in the United States remarkable; and Whereas the national system of State agricultural experiment stations has provided a foundation on which similar research programs in forestry, animal health, and home economics could be built: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That it is the sense of the Congress that the State agricultural experiment station research

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 PUBLIC LAW 100-7—MAR. 5, 1987 system should continue to be supported as an important investment in the Nation's future; and that the one hundredth anniversary of the enactment of the Hatch Act of 1887 should be commemorated on March 2, 1987. SEC. 2. The President is authorized and requested to issue a proclamation commemorating the enactment of the Hatch Act of March 2, 1887, and its role in establishing our Nation's system of State agricultural experiment stations. Approved March 5, 1987.

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LEGISLATIVE HISTORY—H.J. Res. 3: HOUSE REPORTS: No. 100-6 (Ckjmm. on Agriculture). CONGRESSIONAL RECORD, Vol. 133 (1987): Feb. 24, considered and passed House. Feb. 26, considered and passed Senate.

101 STAT. 97

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 101 STAT. 98

PUBLIC LAW 100-8—MAR. 6, 1987 Public Law 100-8 100th Congress

'', ' ' ' 'l\ Joint Resolution

Mar. 6, 1987 [H.J. Res. 53]

To designate the week beginning March 1, 1987, as "Federal Employees Recognition ..,.,, Week".

Whereas Federal employees serve the people of the United States by enabling the Federal Government to carry out its duties in an efficient manner; Whereas more than 3,000,000 individuals are employed by the Federal Government; Whereas many valuable services performed by Federal employees are often inadequately recognized by Federal officials and by the people of the United States; and Whereas Federal employees should be commemorated for the contributions that they make to the efficient operation of the Federal Government: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning March 1, 1987, is designated "Federal Employees Recognition Week", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved March 6, 1987.

LEGISLATIVE HISTORY—H.J. Res. 53 (S.J. Res. 9): CONGRESSIONAL RECORD, Vol. 133 (1987): Feb. 24, considered and passed House. Feb. 26, considered and passed Senate.

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 PUBLIC LAW 100-9-MAR. 12, 1987 Public Law 100-9 100th Congress

101 STAT. 99

''^: ^ > Joint Resolution

To designate the month of March, 1987, as "Women's History Month".

Whereas American women of every race, class, and ethnic background have made historical contributions to the growth and strength of the Nation in countless recorded and unrecorded ways; Whereas American women have played and continue to play a critical economic, cultural, and social role in every sphere of our Nation's life by constituting a significant portion of the labor force working in and ouside of the home; Whereeis American women have played a unique role throughout our history by providing the majority of the Nation's volunteer labor force and have been particularly important in the establishment of early charitable philanthropic and cultural institutions in this country; Whereas American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement, not only to secure their own ^ right of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements to create a more fair and just society for all; and Whereas, despite these contributions, the role of American women in history has been consistently overlooked and undervalued in the body of American history: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the month of March, 1987, is designated as "Women's History Month", and the President is requested to issue a proclamation csuling upon the people of the United States to observe such month with appropriate ceremonies and activities. Approved March 12, 1987.

LEGISLATIVE HISTORY—S.J. Res. 20: CONGRESSIONAL RECORD, Vol. 133 (1987): Feb. 26, considered and passed Senate. Mar. 3, considered and passed House.

91-194 O - 90 - 5: QL.3 Part 1

Mar 12 1987 rs J R ' 201

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 101 STAT. 100

PUBLIC LAW 100-10—MAR. 12, 1987

Public Law 100-10 100th Congress

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Joint Resolution Mar. 12, 1987 [S.J. Res. 46]

«,;,__; Declaring 1987 as "Arizona Diamond Jubilee Year".

Whereas President William Howard Taft signed the Arizona statehood bill on the morning of February 14, 1912; and Whereas Arizona had prayed for admission to the Union as a separate State from New Mexico, waging a valiant effort for this goal; and Whereas Arizona is the host to ancient American cultures as well as the largest Indian tribe in the United States today; and Whereas European settlement and influence has been present in Arizona for more than four centuries; and Whereas the Hopi village of Oraibi is the oldest continually inhabited community in the United States; and Whereas Arizona has more National Parks and Monuments than any other State, among these is one of the Seven Wonders of the World, the magnificent Grand Canyon; and Whereas Arizona was the birthplace of Indians and Anglos living in peace and understanding when Captain Thomas J. Jeffords and Chiricahua Apache Chief Cochise pioneered mutual trust between the white and redman; and Whereas Arizona has been a front-line defender of the United States in eight wars. From the Mexican War to Vietnam, Arizona has contributed skilled horsemen, scouts, Navajo code talkers, thousands of trained pilots, and courageous service men and women to the cause of victory; and Whereas today Arizona is the fastest growing State in the Union, rich in natural resources and talented people. Arizona has attracted numerous creative residents to its casual lifestyle who have enriched the cultural life; and Whereas Arizona stands in the forefront of medical advances, hightechnology engineering, and advanced astronomy. It offers scholars of the world a valued opportunity to study the preColumbian past as well as the envisioned future: Now, therefore, be it

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 PUBLIC LAW 100-10—MAR. 12, 1987

101 STAT. 101

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That 1987 is declared and acknowledged as "Arizona Diamond Jubilee Year" in honor of the seventy-fifth anniversary—the Diamond Jubilee—of Arizona's admission to the United States. The President is requested to issue a proclamation calling upon the people of the United States and all Federal, State, and local governments to observe such year with appropriate ceremonies and activities. Approved March 12, 1987.

LEGISLATIVE HISTORY—S.J. Res. 46: CONGRESSIONAL RECORD, Vol. 133 (1987): Feb. 4, considered and passed Senate. Feb. 24, considered and passed House, amended. Feb. 26, Senate concurred in House amendments.

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 101 STAT. 102

" PUBLIC LAW 100-11—MAR. 17, 1987

Public Law 100-11 100th Congress 4. ,^. Joint Resolution Mar. 17, 1987 [H.J. Res. 153]

20 USC 4011 note.

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To provide for timely issuance of grants and loans by the Environmental Protection Agency under the Asbestos School Hazard Abatement Act of 1985 to ensure that eligible local educational agencies can complete asbestos abatement work in school buildings during the 1987 summer school recess.

Whereas the health of 15 million of the Nation's children is threatened because they attend school in buildings with dangerous asbestos contamination; Whereas in 1984 the Congress passed and the President signed into law the Asbestos School Hazard Abatement Act (ASHAA) to provide funds to the Nation's neediest local educational agencies to help them abate potentially deadly asbestos in order to protect school children; Whereas the Congress provided $50,000,000 in grants and loans under such Act for fiscal year 1987; Whereas the Environmental Protection Agency asserted in its budget that ASHAA funds are unnecessary because prior year funds have greatly reduced the problem and many States have their own program, and the EPA is delaying the fiscal year 1987 ASHAA financial assistance application process; and Whereas there is a dire need for these funds and the Environmental Protection Agency's current schedule to issue grants and loans in June of 1987 will seriously impair the ability of local educational agencies in need of Federal funds to complete asbestos abatement work during the 1987 summer school recess: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the Environmental Protection Agency and any other agencies involved shall take such steps as may be necessary to ensure that eligible local educational agencies are awarded financial assistance under the Asbestos School Hazard Abatement Act of 1984 in time to complete asbestos abatement work not later than the end of the 1987 summer school recess. Approved March 17, 1987.

LEGISLATIVE HISTORY—H.J. Res. 153: CONGRESSIONAL RECORD, Vol. 133 (1987): Feb. 24, considered and passed House. Mar. 3, considered and passed Senate.

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 101 STAT. 103

PUBLIC LAW 100-12—MAR. 17, 1987

Public Law 100-12 100th Congress

An Act

To amepd the Energy Policy and Conservation Act with respect to energy conservation standards for appliances.

Mar. 17, 1987 [S. 83]

Be it enacted by the Senate and House of Representatives of the National United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be referred to as the "National Appliance Energy Conservation Act of 1987". SEC. 2. DEFINITIONS. (a) ENERGY CONSERVATION STANDARD.—Section 321(a)(6) of

Appliance Energy Conservation Act of 1987. 42 USC 6201 note.

the

Energy Policy and Conservation Act (42 U.S.C. 6291(a)(6)) is amended to read as follows: "(6) The term 'energy conservation standard' means— "(A) a performance standard which prescribes a minimum level of energy efficiency or a maximum quantity of energy use for a covered product, determined in accordance Post, p. 105. with test procedures prescribed under section 323; or "(B) a design requirement for the products specified in paragraphs (6), (7), (8), (10), and (13) of section 322(a); and Post, p. 105. includes any other requirements which the Secretary may prePost, p. 107. scribe under section 325(o)." (b) NEW DEFINITIONS.—Section 321(a) of the Energy Policy and Conservation Act (42 U.S.C. 6291(a)) is amended by adding at the end the following paragraphs: "(19) The term 'AV is the adjusted volume for refrigerators, refrigerator-freezers, and freezers, as defined in the applicable test procedure prescribed under section 323. "(20) The term 'annual fuel utilization efficiency' means the efficiency descriptor for furnaces and boilers, determined using test procedures prescribed under section 323 and based on the assumption that all— "(A) weatherized warm air furnaces or boilers are located •ifc > out-of-doors; "(B) warm air furnaces which are not weatherized are located indoors and all combustion and ventilation air is admitted through grills or ducts from the outdoors and does not communicate with air in the conditioned space; and "(C) boilers which are not weatherized are located within ^ ^ the heated space. "(21) The term 'central air conditioner' means a product, other than a packaged terminal air conditioner, which— "(A) is powered by single phase electric current;

"(B) is air-cooled; "(C) is rated below 65,000 Btu per hour; »"(D) is not contained within the same cabinet as a furnace the rated capacity of which is above 225,000 Btu per hour; and

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 101 STAT. 104

Post, p. 105.

m.

PUBLIC LAW 100-12—MAR. 17, 1987 "(E) is a heat pump or a cooling only unit. "(22) The term 'efficiency descriptor' means the ratio of the useful output to the total energy input, determined using the test procedures prescribed under section 323 and expressed for the following products in the following terms: "(A) For furnaces and direct heating equipment, annual fuel utilization efficiency. "(B) For room air conditioners, energy efficiency ratio. "(C) For central air conditioning and central air conditioning heat pumps, seasonal energy efficiency ratio...;. j., "(D) For water heaters, energy factor. ' "(E) For pool heaters, thermal efficiency. "(23) The term 'furnace' means a product which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which— "(A) is designed to be the principal heating source for the living space of a residence; "(B) is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 Btu per hour; "(C) is an electric central furnace, electric boiler, forced^. air central furnace, gravity central furnace, or low pressure r steam or hot water boiler; and "(D) has a heat input rate of less than 300,000 Btu per hour for electric boilers and low pressure steam or hot water boilers and less than 225,000 Btu per hour for forcedair central furnaces, gravity central furnaces, and electric central furnaces. "(24) The terms 'heat pump' or 'reverse cycle' mean a product, other than a packaged terminal heat pump, which— "(A) consists of one or more assemblies; "(B) is powered by single phase electric current; "(C) is rated below 65,000 Btu per hour; iv "(D) utilizes an indoor conditioning coil, compressors, and refrigerant-to-outdoor-air heat exchanger to provide air B'^ heating; and "(E) may also provide air cooling, dehumidifying, humidifying circulating, and air cleaning. "(25) The term 'pool heater' means an appliance designed for heating nonpotable water contained at atmospheric pressure, including heating water in swimming pools, spas, hot tubs and similar applications. "(26) The term 'thermal efficiency of pool heaters' means a measure of the heat in the water delivered at the heater outlet divided by the heat input of the pool heater as measured under test conditions specified in section 2.8.1 of the American National Standard for Gas Fired Pool Heaters, Z21.56-1986, or as may be prescribed by the Secretary. "(27) "The term 'water heater' means a product which utilizes oil, gas, or electricity to heat potable water for use outside the heater upon demand, including— "(A) storage type units which heat and store water at a thermostatically controlled temperature, including gas storage water heaters with an input of 75,000 Btu per hour or less, oil storage water heaters with an input of 105,000 Btu

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 PUBLIC LAW 100-12—MAR. 17, 1987

101 STAT. 105

per hour or less, and electric storage water heaters with an input of 12 kilowatts or less; "(B) instantaneous type units which heat water but contain no more than one gallon of water per 4,000 Btu per hour of input, including gas instantaneous water heaters with an input of 200,000 Btu per hour or less, oil instantaneous water heaters with an input of 210,000 Btu per hour •".J, or less, and electric instantaneous water heaters with an .fi input of 12 kilowatts or less; and "(C) heat pump type units, with a maximum current rating of 24 amperes at a voltage no greater than 250 volts, k which are products designed to transfer thermal energy .ib * from one temperature level to a higher temperature level for the purpose of heating water, including all ancillary Ein.it equipment such as fans, storage tanks, pumps, or controls necessary for the device to perform its function. » "(28) The term 'weatherized warm air furnace or boiler' means a furnace or boiler designed for installation outdoors, approved for resistance to wind, rain, and snow, and supplied with its own venting system." SEC. 3. COVERAGE.

Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended to read as follows: K.

"COVERAGE

"SEC. 322. (a) IN GENERAL.—The following consumer products, excluding those consumer products designed solely for use in recreational vehicles and other mobile equipment, are covered products: "(1) Refrigerators, refrigerator-freezers, and freezers which • can be operated by alternating current electricity, excluding— , "(A) any type designed to be used without doors; and "(B) any type which does not include a compressor and condenser unit as an integral part of the cabinet assembly. "(2) Room air conditioners. "(3) Central air conditioners and central air conditioning heat pumps. "(4) Water heaters. "(5) Furnaces. "(6) Dishwashers. ^ "(7) Clothes washers. "(8) Clothes dryers. .f, ("(9) Direct heating equipment. "(10) Kitchen ranges and ovens. ni f-i "(11) Pool heaters. "(12) Television sets. "(13) Any other type of consumer product which the Secretary classifies as a covered product under subsection 0))." SEC. 4. TEST PROCEDURES.

Section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) is amended to read as follows:

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 101 STAT. 106

PUBLIC LAW 100-12—MAR. 17, 1987 TEST PROCEDURES

323. (a) GENERAL RULE.—All test procedures and related determinations prescribed or made by the Secretary with respect to any covered product (or class thereof) which are in effect on the date of enactment of the National Appliance Energy Conservation Act of 1987 shall remain in effect until the Secretary amends such test procedures and related determinations under subsection Q3). "SEC.

"(b) AMENDED AND N E W PROCEDURES.—(1)(A) The Secretary may

42 USC 6292.

Federal Register, publication.

amend test procedures with respect to any covered product if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraph (3). "(B) The Secretary may, in accordance with the requirements of this subsection, prescribe test procedures for any consumer product classified as a covered product under section 322(b). "(C) The Secretary shall direct the National Bureau of Standards to assist in developing new or amended test procedures. "(2) If the Secretary determines, on his own behalf or in response to a petition by any interested person, that a test procedure should be prescribed or amended, the Secretary shall promptly publish in the Federal Register proposed test procedures and afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such procedures. The comment period shall not be less than 60 days and may be extended for good cause shown to not more than 270 days. In prescribing or amending a test procedure, the Secretary shall take into account such information as the Secretary determines relevant to such procedure, including technological developments relating to energy use or energy efficiency of the t5rpe (or class) of covered products involved. "(3) Any test procedures prescribed or amended under this section shall be reasonably designed to produce test results which measure energy efficiency, energy use, or estimated annual operating cost of a covered product during a representative average use cycle or period of use, as determined by the Secretary, and shall not be unduly burdensome to conduct. "(4) If the test procedure is a procedure for determining estimated annual operating costs, such procedure shall provide that such costs shall be calculated from measurements of energy use in a representative average use cycle or period of use, as determined by the Secretary, and from representative average unit costs of the energy needed to operate such product during such cycle. The Secretary shall provide information to manufacturers with respect to representative average unit costs of energy. "(c) RESTRICTION ON CERTAIN REPRESENTATIONS.—(1) No manufac-

Effective date.

turer, distributor, retailer, or private labeler may make any representation— "(A) in writing (including a representation on a label); or "(B) in any broadcast advertisement, with respect to the energy use or efficiency of a covered product to which a test procedure is applicable under subsection (a) or the cost of energy consumed by such product,, unless such product has been tested in accordance with such test procedure and such representation fairly discloses the results of such testing. "(2) Effective 180 days after an amended or new test procedure applicable to a covered product is prescribed under subsection (b), no manufacturer, distributor, retailer, or private labeler may make any representation—

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 PUBLIC LAW 100-12—MAR. 17, 1987

101 STAT. 107

"(A) in writing (including a representation on a label); or "(B) in any broadcast advertisement, with respect to energy use or efficiency of such product or cost of energy consumed by such product, unless such product has been tested in accordance with such amended or new test procedures and such representation fairly discloses the results of such testing. "(3) On the petition of any manufacturer, distributor, retailer, or private labeler, filed not later than the 60th day before the expiration of the period involved, the 180-day period referred to in paragraph (2) may be extended by the Secretary with respect to the petitioner (but in no event for more than an additional 180 days) if the Secretary determines that the requirements of paragraph (2) would impose an undue hardship on such petitioner, "(d) CASE IN WHICH TEST PROCEDURE IS NOT REQUIRED.—(1)

The

Federal Register, publication.

Secretary is not required to publish and prescribe test procedures for a covered product (or class thereof) if the Secretary determines, by rule, that test procedures cannot be developed which meet the requirements of subsection 0))(3) and publishes such determination in the Federal Register, together with the reasons therefor. "(2) For purposes of section 327, a determination under paragraph Post, p. 117. (1) with respect to any covered product or class shall have the same effect as would a standard prescribed for a covered product (or class). "(e) AMENDMENT OF STANDARD.—(1) In the case of any amended test procedure which is prescribed pursuant to this section, the Secretary shall determine, in the rulemaking carried out with respect to prescribing such procedure, to what extent, if any, the proposed test procedure would alter the measured energy efficiency or measured energy use of any covered product as determined under the existing test procedure. " "(2) If the Secretary determines that the amended test procedure will alter the measured efficiency or measured use, the Secretary shall amend the applicable energy conservation standard during the rulemaking carried out with respect to such test procedure. In determining the amended energy conservation standard, the Secretary shall measure, pursuant to the amended test procedure, the energy efficiency or energy use of a representative sample of covered products that minimally comply with the existing standard. The average of such energy efficiency or energy use levels determined under the amended test procedure shall constitute the amended energy conservation standard for the applicable covered products. "(3) Models of covered products in use before the date on which the amended energy conservation standard becomes effective (or revisions of such models that come into use after such date and have the same energy efficiency or energy use characteristics) that comply with the energy conservation standard applicable to such covered products on the day before such date shall be deemed to comply with the amended energy conservation standard. "(4) The Secretary's authority to amend energy conservation standards under this subsection shall not affect the Secretary's obligation to issue final rules as described in section 325." infra. SEC. 5. ENERGY CONSERVATION STANDARDS.

Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended to read as follows:

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Page:United States Statutes at Large Volume 101 Part 1.djvu/138

 101 STAT. 108

PUBLIC LAW 100-12—MAR. 17, 1987 ENERGY CONSERVATION STANDARDS

"SEC. 325. (a) PURPOSES.—The purposes of this section are to— "(1) provide Federal energy conservation standards applicable to covered products; and "(2) authorize the Secretary to prescribe amended or new energy conservation standards for each type (or class) of covered product. "(b) STANDARDS FOR REFRIGERATORS, REFRIGERATOR-FREEZERS, AND

FREEZERS.—(1) The following is the maximum energy use allowed in kilowatt hours per year for the following products (other than those described in paragraph (2)) manufactured on or after January 1, 1990:

n.f

Regulations.

Effective date.

State and local governments.

"Refrigerators and Refrigerator-Freezers with manual defrost Refrigerator-Freezers—partial automatic defrost Refrigerator-Freezers—automatic defrost with: Top mounted freezer without ice Side mounted freezer without ice Bottom mounted freezer without ice Top mounted freezer with through the door ice service Side mounted freezer with through the door ice Upright Freezers with: Manual defrost Automatic defrost Chest Freezers and all other freezers

Energy Standards Equations 16.3 AV + 316 21.8 AV-1-429 23.5 27.7 27.7 26.4 30.9

AV-H471 AV-1-488 AV 4-488 AV-1-535 AV-1-547

10.9 AV-1-422 16.0 AV-1-623 14.8 AV-1-223

"(2) The standards described in paragraph (1) do not apply to refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet or freezers with total refrigerated volume exceeding 30 cubic feet. "(3)(A)(i) The Secretary shall publish a proposed rule, no later than July 1, 1988, to determine if the standards established by paragraph (1) should be amended. The Secretary shall publish a final rule no later than July 1, 1989, which shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1993. If such a final rule is not published before January 1, 1990, any amendment of such standards shall apply to products manufactured on or after January 1, 1995. Nothing in this subsection provides any justification or defense for a failure by the Secretary to comply with the nondiscretionary duty to publish final rules by the dates stated in this paragraph. "(ii)(I) If the Secretary does not publish a final rule before January 1, 1990, relating to the revision of the energy conservation standards for refrigerators, refrigerator-freezers and freezers, the regulations which established standards for such products and were promulgated by the California Energy Commission on December 14, 1984, to be effective January 1, 1992 (or any amendments to such standards that are not more stringent than the standards in the original regulations), shall apply in California to such products, effective beginning January 1, 1993, and shall not be preempted after such effective date by any energy conservation standard established in this section or prescribed, on or after January 1, 1990, under this section. "(II) If the Secretary does not publish a final rule before January 1, 1992, relating to the revision of the energy conservation standards for refrigerators, refrigerator-freezers and freezers. State regulations which apply to such products manufactured on or after

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Page:United States Statutes at Large Volume 101 Part 1.djvu/139

 PUBLIC LAW 100-12—MAR. 17, 1987

101 STAT. 109

January 1, 1995, shall apply to such products until the effective date of a rule issued under this section with respect to such products. "(B) After the publication of a final rule under subparagraph (A), Regulations. the Secretary shall publish a final rule no later than five years after the date of publication of the previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for the products described in paragraph (1). "(C) Any amendment prescribed under subparagraph (B) shall apply to products manufactured after a date which is five years after— "(i) the effective date of the previous amendment; or, iv. -:? "(ii) if the previous final rule did not amend the standards, the earliest date by which the previous amendment could have been effective; except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such amended standard. "(c) STANDARDS FOR ROOM AIR CONDITIONERS.—(1) The energy efficiency ratio of room air conditioners shall be not less than the following for products manufactured on or after January 1, 1990:

,

"Product Class: Without Reverse Cycle and With Louvered Sides: Less than 6,000 Btu 6,000 to 7,999 Btu 8,000 to 13,999 Btu 14,000 to 19,999 Btu 20,000 and more Btu Without Reverse Cycle and Without Louvered Sides: Less than 6,000 Btu 6,000 to 7,999 Btu 8,000 to 13,999 Btu 14,000 to 19,999 Btu 20,000 and more Btu With Reverse Cycle and With Louvered Sides With Reverse Cycle, Without Louvered Sides

Ratio

8.0 8.5 9.0 8.8 8.2 8.0 8.5 8.5 8.5 8.2 8.5 8.0

"(2)(A) The Secretary shall publish a final rule no later than Regulations. January 1, 1992, to determine if the standards established under paragraph (1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1995. "(B) After January 1, 1992, the Secretary shall publish a final rule Regulations. no later than five years after the date of publication of a previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for room air conditioners. "(C) Any amendment prescribed under subparagraph (B) shall apply to products manufactured after a date which is five years after— "(i) the effective date of the previous amendment; or "(ii) if the previous final rule did not amend the standards, the earliest date by which a previous amendment could have been effective; except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such amended standard. "(d)

STANDARDS FOR CENTRAL AIR CONDITIONERS AND HEAT

PUMPS.—(1) The seasonal energy efficiency ratio of central air conditioners and central air conditioning heat pumps shall be not less than the following:

umB

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Page:United States Statutes at Large Volume 101 Part 1.djvu/140

 101 STAT. 110

';. >

Regulations.

Regulations.

PUBLIC LAW 100-12—MAR. 17, 1987

"(A) Split Systems: 10.0 for products manufactured on or after January 1, 1992. "(B) Single Package Systems: 9.7 for products manufactured on or after January 1, 1993. "(2) The heating seasonal performance factor of central air conditioning heat pumps shall be not less than the following: "(A) Split Systems: 6.8 for products manufactured on or after ii January 1, 1992. "(B) Single Package Systems: 6.6 for products manufactured on or after January 1, 1993. "(3)(A) The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established under paragraph (1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products msmufactured on or after January 1, 1999. The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established under paragraph (2) shall be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 2002. "(B) The Secretary shall publish a final rule after January 1, 1994, and no later than January 1, 2001, to determine whether the standards in effect for central air conditioners and central air conditioning heat pumps should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 2006. "(e) STANDARDS FOR WATER HEATERS; POOL HEATERS; DIRECT HEAT-

ING EQUIPMENT.—(1) The energy factor of water heaters shall be not less than the following for products manufactured on or after January 1, 1990: .62-(.0019 X Rated Storage Volume in gallons) .69-(.0019 X Rated Storage Volume in gallons) .95-(.00132 X Rated Storage in gallons)

"(A) Gas Water Heater: "(B) OU Water Heater: "(C) Electric Water Heater:

"(2) The thermal efficiency of pool heaters manufactured on or after January 1, 1990, shall not be less than 78 percent. "(3) The efficiencies of gas direct heating equipment manufactured on or after January 1, 1990, shall be not less than the following: "Wall

-

• --^

"•

Fan type Up to 42,000 Btu/hour Over 42,000 Btu/hour Gravity type Up to 10,000 Btu/hour Over 10,000 Btu/hour up to 12,000 Btu/hour Over 12,000 Btu/hour up to 15,000 Btu/hour Over 15,000 Btu/hour up to 19,000 Btu/hour Over 19,000 Btu/hour up to 27,000 Btu/hour Over 27,000 Btu/hour up to 46,000 Btu/hour Over 46,000 Btu/hour "Floor Up to 37,000 Btu/hour Over 37,000 Btu/hour

73% AFUE 74% AFUE 59% AFUE 60% AFUE 61% AFUE 62% AFUE 63% AFUE 64% AFUE 65% AFUE 56% AFUE 57% AFUE

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Page:United States Statutes at Large Volume 101 Part 1.djvu/141

 PUBLIC LAW 100-12—MAR. 17, 1987

101 STAT. I l l

"Room Up to 18,000 Btu/hour Over 18,000 Btu/hour up to 20,000 Btu/hour Over 20,000 Btu/hour up to 27,000 Btu/hour Over 27,000 Btu/hour up to 46,000 Btu/hour Over 46,000 Btu/hour

57% AFUE 58% AFUE 63% AFUE 64% AFUE 65% AFUE

"(4)(A) The Secretary shall publish final rules no later than January 1, 1992, to determine whether the standards established by paragraphs (1), (2), or (3) for water heaters, pool heaters, and direct heating equipment should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 1995. "(B) The Secretary shall publish a final rule no later than January 1, 2000, to determine whether standards in effect for such products should be amended. Such rule shall provide that any such amendment shall apply to products manufactured on or after January 1, 2005. "(f) STANDARDS FOR FURNACES.—(1) Furnaces (other than furnaces designed solely for installation in mobile homes) manufactured on or after January 1, 1992, shall have an annual fuel utilization efficiency of not less than 78 percent, except that— "(A) boilers (other than gas steam boilers) shall have an annual fuel utilization efficiency of not less than 80 percent and gas steam boilers shall have an annual fuel utilization efficiency of not less than 75 percent; and "(B) the Secretary shall prescribe a final rule not later than January 1, 1989, establishing an energy conservation standard— "(i) which is for furnaces (other than furnaces designed oolely for installation in mobile homes) having an input of less than 45,000 Btu per hour and manufactured on or after January 1, 1992; "(ii) which provides that the annual fuel utilization efficiency of such furnaces shall be a specific percent which is not less than 71 percent and not more than 78 percent; and "(iii) which the Secretary determines is not likely to result in a significant shift from gas heating to electric resistance heating with respect to either residential construction or furnace replacement. "(2) Furnaces which are designed solely for installation in mobile homes and which are manufactured on or after September 1, 1990, shall have an annual fuel utilization efficiency of not less than 75 percent. "(3)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine whether the standards established by paragraph (2) for mobile home furnaces should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 1994. "(B) The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established by this subsection for furnaces (including mobile home furnaces) should be amended. Such rule shall provide that any amendment shall apply to products manufactured on or after January 1, 2002. "(C) After January 1, 1997, and before January 1, 2007, the Secretary shall publish a final rule to determine whether standards in effect for such products should be amended. Such rule shall contain such amendment, if any, and provide that any amendment shall apply to products manufactured on or after January 1, 2012.

Regulations.

Regulations.

Mobile homes.

Regulations,

-;

Regulations.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/142

 101 STAT. 112

PUBLIC LAW 100-12—MAR. 17, 1987 "(g) STANDARDS FOR DISHWASHERS; CLOTHES WASHERS; CLOTHES

' "

"'

Regulations. '* '*

i

a;

"'

''

DRYERS.—(1) Dishwashers manufactured on or after January 1, 1988, shall be equipped with an option to dry without heat. "(2) All rinse cycles of clothes washers shall include an unheated water option, but may have a heated water rinse option, for products manufactured on or after January 1, 1988. "(3) Gas clothes dryers shall not be equipped with a constant burning pilot for products manufactured on or after January 1, 1988. "(4)(A) The Secretary shall publish final rules no later than January 1, 1990, to determine if the standards established under this subsection for products described in paragraphs (1), (2), and (3) should be amended. Such rules shall provide that any amendment shall apply to products the manufacture of.which is completed on or after January 1, 1993. "(B) After January 1, 1990, the Secretary shall publish a final rule no later than five years after the date of publication of the previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for such products. "(C) Any such amendment shall apply to products manufactured after a date which is five years after— "(i) the effective date of the previous amendment; or "(ii) if the previous final rule did not amend the standard, the earliest date by which a previous amendment could have been in effect; except that in no case may any amended standard apply to products manufactured within three years after publication of the final rule establishing such standard. "(h)

Regulations.

STANDARDS FOR KITCHEN RANGES AND OVENS.—(1)

Gas

kitchen ranges and ovens having an electrical supply cord shall not be equipped with a constant burning pilot for products manufactured on or after January 1, 1990. "(2)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established for kitchen ranges and ovens in this subsection should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1995. "(B) The Secretary shall publish a final rule no later than January 1, 1997, to determine whether standards in effect for such products should be amended. Such rule shall apply to products manufactured on or after January 1, 2000. "(i) STANDARDS FOR OTHER COVERED PRODUCTS.—(1) The Secretary

' ' Ante, p. 105.

may prescribe an energy conservation standard for any type (or class) of covered products of a type specified in paragraph (13) of section 322(a) if the requirements of subsections (1) and (m) are met and the Secretary determines that— "(A) the average per household energy use within the United States by products of such type (or class) exceeded 150 kilowatthours (or its Btu equivalent) for any 12-month period ending before such determination; "(B) the aggregate household energy use within the United States by products of such type (or class) exceeded 4,200,000,000 kilowatt-hours (or its Btu equivalent) for any such 12-month period; "(C) substantial improvement in the energy efficiency of products of such type (or class) is technologically feasible; and

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Page:United States Statutes at Large Volume 101 Part 1.djvu/143

 PUBLIC LAW 100-12—MAR. 17, 1987

101 STAT. 113

"(D) the application of a labeling rule under section 324 to 42 USC 6294. such type (or class) is not likely to be sufficient to induce manufacturers to produce, and consumers and other persons to purchase, covered products of such type (or class) which achieve the maximum energy efficiency which is technologically feasible and economically justified. "(2) Any new or amended standard for covered products of a type specified in paragraph (13) of section 322(a) shall not apply to Ante, p. 105. products manufactured within five years after the publication of a final rule establishing such standard. "(3) The Secretary may, in accordance with subsections (1) and (m), prescribe an energy conservation standard for television sets. Any such standard may not become effective with respect to products manufactured before January 1, 1992. "(j) FURTHER RULEMAKING.—After issuance of the last final rules required under subsections (b) through (h) of this section, the Secretary may publish final rules to determine whether standards for a covered product should be amended. An amendment prescribed under this subsection shall apply to products manufactured after a date which is 5 years after— "(A) the effective date of the previous amendment made pursuant to this part; or "(B) if the previous final rule published under this part did not amend the standard, the earliest date by which a previous amendment could have been in effect, except that in no case may an amended standard apply to products manufactured within 3 years (for refrigerators, refrigerator-freezers, and freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, and kitchen ranges and ovens) or 5 years (for central air conditioners and heat pumps, water heaters, pool heaters, direct hearing equipment and furnaces) after publication of the final rule establishing a standard, "(k) PETITION FOR AN AMENDED STANDARD.—(1) With respect to each covered product described in paragraphs (1) through (11) of section 322(a), any person may petition the Secretary to conduct a rulemaking to determine for a covered product if the standards contained either in the last final rule required under subsections (b) through (h) of this section or in a final rule published under this section should be amended. "(2) The Secretary shall grant a petition if he finds that it contains evidence which, assuming no other evidence were considered, provides an adequate basis for amending the standards under the following criteria— "(A) amended standards will result in significant conservation of energy; "(B) amended standards are technologically feasible; and "(C) amended standards are cost effective as described in subsection (l)(2)(B)(i)(II). ': The grant of a petition by the Secretary under this subsection creates no presumption with respect to the Secretary's determination of any of the criteria in a rulemaking under this section. "(3) An amendment prescribed under this subsection shall apply to products manufactured after a date which is 5 years after— "(A) the effective date of the previous amendment pursuant to this part; or "(B) if the previous final rule published under this part did not amend the standard, the earliest date by which a previous

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Page:United States Statutes at Large Volume 101 Part 1.djvu/144

 101 STAT. 114

"

PUBLIC LAW 100-12—MAR. 17, 1987 amendment could have been in effect, except that in no case may an amended standard apply to products manufactured within 3 years (for refrigerators, refrigerator-freezers, and freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, and kitchen ranges and ovens) or 5 years (for central air conditioners and heat pumps, water heaters, pool heaters, direct heating equipment and furnaces) after publication of the final rule establishing a standard. "(1) CRITERIA FOR PRESCRIBING NEW OR AMENDED STANDARDS.—(1)

Federal Register, publication.

The Secretary may not prescribe any amended standard which increases the maximum allowable energy use, or decreases the minimum required energy efficiency, of a covered product. "(2)(A) Any new or amended energy conservation standard prescribed by the Secretary under this section for any type (or class) of covered product shall be designed to achieve the maximum improvement in energy efficiency which the Secretary determines is technologically feasible and economically justified. "(B)(i) In determining whether a standard is economically justified, the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed its burdens by, to the greatest extent practicable, considering— "(I) the economic impact of the standard on the manufacturers and on the consumers of the products subject to such standard; "(II) the savings in operating costs throughout the estimated average life of the covered product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the covered products which are likely to result from the imposition of the standard; "(III) the total projected amount of energy savings likely to result directly from the imposition of the standard; "(IV) any lessening of the utility or the performance of the covered products likely to result from the imposition of the standard; "(V) the impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the imposition of the standard; "(VI) the need for national energy conservation; and "(VII) other factors the Secretary considers relevant, "(ii) For purposes of clause (i)(V), the Attorney General shall make a determination of the impact, if any, of any lessening of competition likely to result from such standard and shall transmit such determination, not later than 60 days after the publication of a proposed rule prescribing or amending an energy conservation standard, in writing to the Secretary, together with an analysis of the nature and extent of such impact. Any such determination and analysis shall be published by the Secretary in the Federal Register. ..(iii) jf Yie Secretary finds that the additional cost to the consumer of purchasing a product complying with an energy conservation standard level will be less than three times the value of the energy savings during the first year that the consumer will receive as a result of the standard, as calculated under the applicable test procedure, there shall be a rebuttable presumption that such standard level is economically justified. A determination by the Secretary that such criterion is not met shall not be taken into

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