provide for controls which are not less stringent than the controls
applicable to areas designated nonattainment before such relaxation.".
(c) New Source Permit Requirements.-Section 173 of the Clean Air
Act (42 U.S.C. 7503) is amended as follows:
(1) Strike the center heading and "Sec. 173." and insert:
"SEC. 173. PERMIT REQUIREMENTS.".
(2) Insert "(a) In General.-" before the first sentence.
(3) Insert the following after "(1)": "in accordance with
regulations issued by the Administrator for the determination of
baseline emissions in a manner consistent with the assumptions
underlying the applicable implementation plan approved under
section 110 and this part,".
(4) Make the following amendments in subparagraph (A) of
(A) Insert "sufficient offsetting emissions reductions
have been obtained, such that" immediately after the comma
following "commence operation".
(B) Strike "allowed under the applicable implementation
plan" and insert "(as determined in accordance with the
regulations under this paragraph)".
(5) Make the following amendments in subparagraph (B) of
(A) Insert "in the case of a new or modified major
stationary source which is located in a zone (within the
nonattainment area) identified by the Administrator, in
consultation with the Secretary of Housing and Urban
Development, as a zone to which economic development should
be targeted," at the beginning thereof.
(B) Strike "172(b)" and insert "172(c)".
(6) Make the following amendments in paragraph (4):
(A) Insert "the Administrator has not determined that"
(B) Strike "being carried out" and insert "not being
(C) Replace the period at the end thereof with "; and".
(7) Add the following new paragraph after paragraph (4):
"(5) an analysis of alternative sites, sizes, production
processes, and environmental control techniques for such proposed
source demonstrates that benefits of the proposed source
significantly outweigh the environmental and social costs imposed
as a result of its location, construction, or modification.".
(8) Strike "(1)(A) shall be legally binding" in the concluding
sentence of subsection (a), as redesignated by this subsection
and insert "(1) shall be federally enforceable".
(9) Add a new subsection (b) to read as follows:
"(b) Prohibition on Use of Old Growth Allowances.-Any growth
allowance included in an applicable implementation plan to meet the
requirements of section 172(b)(5) (as in effect immediately before the
date of the enactment of the Clean Air Act Amendments of 1990) shall
not be valid for use in any area that received or receives a notice
under section 110(a)(2)(H)(ii) (as in effect immediately before the
date of the enactment of the Clean Air Act Amendments of 1990) or
under section 110(k)(1) that its applicable implementation plan
containing such allowance is substantially inadequate.".
(10) Add the following new subsections at the end thereof: