[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1582 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1582

To address the application of the national primary ambient air quality 
standard for ozone with respect to extreme nonattainment areas, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2011

Mr. McCarthy of California (for himself, Mr. Nunes, Mr. Denham, and Mr. 
    Issa) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To address the application of the national primary ambient air quality 
standard for ozone with respect to extreme nonattainment areas, 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 ``Commonsense Ozone Regulation Act''.

SEC. 2. EXCLUSIVE APPLICATION OF 8-HOUR NAAQS TO COVERED EXTREME OZONE 
              NONATTAINMENT AREAS.

    (a) In General.--Notwithstanding section 172(e) of the Clean Air 
Act (42 U.S.C. 7502(e)), any covered extreme ozone nonattainment area 
shall not be subject to any control (as defined in section 4(2)) 
pursuant to the 1-hour national primary ambient air quality standard 
for ozone.
    (b) Retroactive Applicability.--Subsection (a) applies as of the 
effective date of the classification of the area involved as extreme 
pursuant to the 8-hour national primary ambient air quality standard 
for ozone promulgated on July 18, 1997 (62 Fed. Reg. 38856).

SEC. 3. POSTPONEMENT OF FUTURE OZONE STANDARDS FOR COVERED EXTREME 
              OZONE NONATTAINMENT AREAS.

    (a) Postponement of Standard.--With respect to any covered extreme 
ozone nonattainment area--
            (1) the Administrator may take such steps as are necessary 
        to classify the area pursuant to any rule setting the level of 
        the 8-hour national primary ambient air quality standard for 
        ozone below 0.08 parts per million; and
            (2) until the date that is 6 months after a report on the 
        feasability of compliance in the area with the rule described 
        in paragraph (1) is submitted to the Congress and the 
        Administrator under subsection (b)(4)--
                    (A) the rule described in paragraph (1) shall not 
                otherwise apply; and
                    (B) the 8-hour national primary ambient air quality 
                standard for ozone in effect as of January 1, 2011, 
                shall continue to apply.
    (b) Local Advisory Committees.--
            (1) Establishment and applicability.--Subsection (a) 
        applies with respect to a covered extreme ozone nonattainment 
        area only if the governing board of the responsible local air 
        agency agrees to establish, in accordance with this subsection, 
        a local advisory committee to study the feasibility of 
        compliance in such area with a rule described in subsection 
        (a)(1).
            (2) Members.--Each local advisory committee under this 
        subsection shall be composed of the following members, to be 
        appointed by the governing board of the responsible local air 
        agency:
                    (A) A representative of the governing board of the 
                responsible local air agency.
                    (B) A local representative of the energy industry.
                    (C) A local representative of the agriculture 
                industry.
                    (D) A local representative of the manufacturing and 
                processing industry.
                    (E) A local representative of the transportation 
                industry.
                    (F) A local representative of local government.
                    (G) A local representative of the health care 
                industry.
                    (H) A local environmental justice representative.
            (3) Study.--
                    (A) Feasibility of compliance with rule.--Each 
                local advisory committee under this subsection shall 
                conduct a study on the feasability of compliance in the 
                applicable covered extreme ozone nonattainment area 
                with a rule described in subsection (a)(1), taking into 
                account--
                            (i) topography of the area;
                            (ii) weather in the area;
                            (iii) foreign sources of pollution (both 
                        stationary and mobile) that cause ozone 
                        formation in the area;
                            (iv) pass-through traffic and its impact on 
                        ozone formation in the area;
                            (v) exceptional events in the area;
                            (vi) current and future technologies needed 
                        to bring the area into compliance with the 
                        rule; and
                            (vii) natural ozone background levels in 
                        the area.
                    (B) Costs of compliance with rule.--Each study 
                described in subparagraph (A) shall address the 
                potential adverse employment impacts of, and the costs 
                of compliance with, a rule described in subsection 
                (a)(1) for local businesses, agriculture operations, 
                and residents in the applicable covered extreme ozone 
                nonattainment area.
            (4) Report.--Not later than 5 years after a rule described 
        in subsection (a)(1) is promulgated as final--
                    (A) each local advisory committee under this 
                subsection shall submit to the governing board of the 
                responsible local air agency a report on the results of 
                the study by the committee under paragraph (3), 
                including any findings and recommendations of the 
                committee; and
                    (B) such governing board shall immediately submit 
                such report, without change, to the Congress and the 
                Administrator.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Control.--The term ``control'' has the meaning given to 
        such term for purposes of section 172(e) of the Clean Air Act 
        (42 U.S.C. 7502(e)) and includes any fee or penalty under 
        section 185 of such Act (42 U.S.C. 7511d)).
            (3) Covered extreme ozone nonattainment area.--The term 
        ``covered extreme ozone nonattainment area'' means a 
        nonattainment area for ozone classified as extreme as of 
        January 1, 2011, pursuant to the 8-hour national primary 
        ambient air quality standard for ozone promulgated on July 18, 
        1997 (62 Fed. Reg. 38856).
            (4) Exceptional event.--The term ``exceptional event'' has 
        the meaning given such term in section 319(b) of the Clean Air 
        Act (42 U.S.C. 7619(b)).
            (5) Responsible local air agency.--The term ``responsible 
        local air agency'' means the local air district or other local 
        government agency or authority with responsibility for 
        enforcing requirements relating to the prevention and 
        regulation of air pollution for the area involved.
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