[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4775 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 4775
To facilitate efficient State implementation of ground-level ozone
standards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2016
Mr. Olson (for himself, Mr. Flores, Mr. Scalise, Mr. Latta, Mr.
McCarthy, and Mr. Cuellar) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To facilitate efficient State implementation of ground-level ozone
standards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ozone Standards Implementation Act
of 2016''.
SEC. 2. FACILITATING STATE IMPLEMENTATION OF EXISTING OZONE STANDARDS.
(a) Designations.--
(1) Designation submission.--Not later than October 26,
2024, notwithstanding the deadline specified in paragraph
(1)(A) of section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)), the Governor of each State shall designate in
accordance with such section 107(d) all areas (or portions
thereof) of the Governor's State as attainment, nonattainment,
or unclassifiable with respect to the 2015 ozone standards.
(2) Designation promulgation.--Not later than October 26,
2025, notwithstanding the deadline specified in paragraph
(1)(B) of section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)), the Administrator shall promulgate final designations
under such section 107(d) for all areas in all States with
respect to the 2015 ozone standards, including any
modifications to the designations submitted under paragraph
(1).
(3) State implementation plans.--Not later than October 26,
2026, notwithstanding the deadline specified in section
110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)), each
State shall submit the plan required by such section 110(a)(1)
for the 2015 ozone standards.
(b) Certain Preconstruction Permits.--
(1) In general.--The 2015 ozone standards shall not apply
to the review and disposition of a preconstruction permit
application if--
(A) the Administrator or the State, local, or
tribal permitting authority, as applicable, determines
the application to be complete on or before the date of
promulgation of the final designation of the area
involved under subsection (a)(2); or
(B) the Administrator or the State, local, or
tribal permitting authority, as applicable, publishes a
public notice of a preliminary determination or draft
permit for the application before the date that is 60
days after the date of promulgation of the final
designation of the area involved under subsection
(a)(2).
(2) Rules of construction.--Nothing in this section shall
be construed to--
(A) eliminate the obligation of a preconstruction
permit applicant to install best available control
technology and lowest achievable emission rate
technology, as applicable; or
(B) limit the authority of a State, local, or
tribal permitting authority to impose more stringent
emissions requirements pursuant to State, local, or
tribal law than national ambient air quality standards.
SEC. 3. FACILITATING STATE IMPLEMENTATION OF NATIONAL AMBIENT AIR
QUALITY STANDARDS.
(a) Timeline for Review of National Ambient Air Quality
Standards.--
(1) 10-year cycle for all criteria air pollutants.--
Paragraphs (1) and (2)(B) of section 109(d) of the Clean Air
Act (42 U.S.C. 7409(d)) are amended by striking ``five-year
intervals'' each place it appears and inserting ``10-year
intervals''.
(2) Cycle for next review of ozone criteria and
standards.--Notwithstanding section 109(d) of the Clean Air Act
(42 U.S.C. 7409(d)), the Administrator shall not--
(A) complete, before October 26, 2025, any review
of the criteria for ozone published under section 108
of such Act (42 U.S.C. 7408) or the national ambient
air quality standard for ozone promulgated under
section 109 of such Act (42 U.S.C. 7409); or
(B) propose, before such date, any revisions to
such criteria or standard.
(b) Consideration of Technological Feasibility.--Section 109(b)(1)
of the Clean Air Act (42 U.S.C. 7409(b)(1)) is amended by inserting
after the first sentence the following: ``If the Administrator, in
consultation with the independent scientific review committee appointed
under subsection (d), finds that a range of levels of air quality for
an air pollutant are requisite to protect public health with an
adequate margin of safety, as described in the preceding sentence, the
Administrator may consider, as a secondary consideration, likely
technological feasibility in establishing and revising the national
primary ambient air quality standard for such pollutant.''.
(c) Consideration of Adverse Public Health, Welfare, Social,
Economic, or Energy Effects.--Section 109(d)(2) of the Clean Air Act
(42 U.S.C. 7409(d)(2)) is amended by adding at the end the following:
``(D) Prior to establishing or revising a national ambient air
quality standard, the Administrator shall request, and such committee
shall provide, advice under subparagraph (C)(iv) regarding any adverse
public health, welfare, social, economic, or energy effects which may
result from various strategies for attainment and maintenance of such
national ambient air quality standard.''.
(d) Timely Issuance of Implementing Regulations and Guidance.--
Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by adding
at the end the following:
``(e) Timely Issuance of Implementing Regulations and Guidance.--
``(1) In general.--In publishing any final rule
establishing or revising a national ambient air quality
standard, the Administrator shall, as the Administrator
determines necessary to assist States, permitting authorities,
and permit applicants, concurrently publish regulations and
guidance for implementing the standard, including information
relating to submission and consideration of a preconstruction
permit application under the new or revised standard.
``(2) Applicability of standard to preconstruction
permitting.--If the Administrator fails to publish final
regulations and guidance that include information relating to
submission and consideration of a preconstruction permit
application under a new or revised national ambient air quality
standard concurrently with such standard, then such standard
shall not apply to the review and disposition of a
preconstruction permit application until the Administrator has
published such final regulations and guidance.
``(3) Rules of construction.--
``(A) Nothing in this subsection shall be construed
to preclude the Administrator from issuing regulations
and guidance to assist States, permitting authorities,
and permit applicants in implementing a national
ambient air quality standard subsequent to publishing
regulations and guidance for such standard under
paragraph (1).
``(B) Nothing in this subsection shall be construed
to eliminate the obligation of a preconstruction permit
applicant to install best available control technology
and lowest achievable emission rate technology, as
applicable.
``(C) Nothing in this subsection shall be construed
to limit the authority of a State, local, or tribal
permitting authority to impose more stringent emissions
requirements pursuant to State, local, or tribal law
than national ambient air quality standards.
``(4) Definitions.--In this subsection:
``(A) The term `best available control technology'
has the meaning given to that term in section 169(3).
``(B) The term `lowest achievable emission rate'
has the meaning given to that term in section 171(3).
``(C) The term `preconstruction permit'--
``(i) means a permit that is required under
part C or D for the construction or
modification of a major emitting facility or
major stationary source; and
``(ii) includes any such permit issued by
the Environmental Protection Agency or a State,
local, or tribal permitting authority.''.
(e) Contingency Measures for Extreme Ozone Nonattainment Areas.--
Section 172(c)(9) of the Clean Air Act (42 U.S.C. 7502(c)(9)) is
amended by adding at the end the following: ``Notwithstanding the
preceding sentences and any other provision of this Act, such measures
shall not be required for any nonattainment area for ozone classified
as an Extreme Area.''.
(f) Plan Submissions and Requirements for Ozone Nonattainment
Areas.--Section 182 of the Clean Air Act (42 U.S.C. 7511a) is amended--
(1) in subsection (b)(1)(A)(ii)(III), by inserting ``and
economic feasibility'' after ``technological achievability'';
(2) in subsection (c)(2)(B)(ii), by inserting ``and
economic feasibility'' after ``technological achievability'';
and
(3) in paragraph (5) of subsection (e), by striking ``, if
the State demonstrates to the satisfaction of the Administrator
that--'' and all that follows through the end of the paragraph
and inserting a period.
(g) Plan Revisions for Milestones for Particulate Matter
Nonattainment Areas.--Section 189(c)(1) of the Clean Air Act (42 U.S.C.
7513a(c)(1)) is amended by inserting ``, which take into account
technological achievability and economic feasibility,'' before ``and
which demonstrate reasonable further progress''.
(h) Exceptional Events.--Section 319(b)(1)(B) of the Clean Air Act
(42 U.S.C. 7619(b)(1)(B)) is amended--
(1) in clause (i)--
(A) by striking ``(i) stagnation of air masses or''
and inserting ``(i)(I) ordinarily occurring stagnation
of air masses or (II)''; and
(B) by inserting ``or'' after the semicolon;
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii).
(i) Report on Emissions Emanating From Outside the United States.--
Not later than 24 months after the date of enactment of this Act, the
Administrator, in consultation with States, shall submit to the
Congress a report on--
(1) the extent to which foreign sources of air pollution,
including emissions from sources located outside North America,
impact--
(A) designations of areas (or portions thereof) as
nonattainment, attainment, or unclassifiable under
section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)); and
(B) attainment and maintenance of national ambient
air quality standards;
(2) the Environmental Protection Agency's procedures and
timelines for disposing of petitions submitted pursuant to
section 179B(b) of the Clean Air Act (42 U.S.C. 7509a(b));
(3) the total number of petitions received by the Agency
pursuant to such section 179B(b), and for each such petition
the date initially submitted and the date of final disposition
by the Agency; and
(4) whether the Administrator recommends any statutory
changes to facilitate the more efficient review and disposition
of petitions submitted pursuant to such section 179B(b).
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best available control technology.--The term ``best
available control technology'' has the meaning given to that
term in section 169(3) of the Clean Air Act (42 U.S.C.
7479(3)).
(3) Lowest achievable emission rate.--The term ``lowest
achievable emission rate'' has the meaning given to that term
in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)).
(4) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard promulgated under section 109 of
the Clean Air Act (42 U.S.C. 7409).
(5) Preconstruction permit.--The term ``preconstruction
permit''--
(A) means a permit that is required under part C or
D of title I of the Clean Air Act (42 U.S.C. 7470 et
seq.) for the construction or modification of a major
emitting facility or major stationary source; and
(B) includes any such permit issued by the
Environmental Protection Agency or a State, local, or
tribal permitting authority.
(6) 2015 ozone standards.--The term ``2015 ozone
standards'' means the national ambient air quality standards
for ozone published in the Federal Register on October 26, 2015
(80 Fed. Reg. 65292).
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