[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3379 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3379

 To amend the Clean Air Act to provide States increased flexibility in 
       implementing standards through State implementation plans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2011

Mr. Berg (for himself and Mr. Lankford) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Clean Air Act to provide States increased flexibility in 
       implementing standards through State implementation plans.

    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 ``Regional Haze Federalism Act''.

SEC. 2. IMPLEMENTATION PLANS.

    Section 110 of the Clean Air Act (42 U.S.C. 7410) is amended--
            (1) in subsection (c), by striking ``(c)(1) The 
        Administrator'' and all that follows through the end of 
        paragraph (1) and inserting the following:
    ``(c) Federal Plans.--
            ``(1) Plans.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), unless the conditions described in 
                subparagraph (B) are met, the Administrator shall 
                promulgate a Federal implementation plan at any time 
                after the date that is 2 years after the date on which 
                the Administrator--
                            ``(i) finds that a State has failed to make 
                        a required submission or finds that the plan or 
                        plan revision submitted by the State does not 
                        satisfy the minimum criteria established under 
                        subsection (k)(1)(A); or
                            ``(ii) disapproves a State implementation 
                        plan submission in whole or in part.
                    ``(B) Conditions.--The conditions described in this 
                subparagraph are that, before the date on which the 
                Administrator promulgates a Federal implementation 
                plan--
                            ``(i) a State corrects a deficiency in a 
                        State implementation plan or plan revision 
                        submitted by the State; and
                            ``(ii) the Administrator approves the plan 
                        or plan revision.
                    ``(C) Visibility protection plans.--In the case of 
                a Federal implementation plan promulgated after the 
                date of enactment of this subparagraph in place of a 
                State implementation plan under section 169A--
                            ``(i) the Administrator shall promulgate 
                        such Federal implementation plan only if the 
                        Administrator makes a finding that the State 
                        submitting the State implementation plan failed 
                        to consider the factors described in paragraphs 
                        (1) and (2) of section 169A(g) in preparing and 
                        submitting the plan; and
                            ``(ii) compliance with the requirements of 
                        such Federal implementation plan shall not be 
                        required earlier than 5 years after the date of 
                        promulgation.''; and
            (2) in subsection (k)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Full and partial approval and disapproval.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) through (D), in the case of any 
                submission on which the Administrator is required to 
                act under paragraph (2), the Administrator shall 
                approve the submission as a whole if the submission 
                meets all of the applicable requirements of this Act.
                    ``(B) Review.--In reviewing any State 
                implementation plan submitted pursuant to section 169A, 
                the Administrator shall limit the review only to a 
                determination of whether the State submitting the State 
                implementation plan considered the factors described in 
                paragraphs (1) and (2) of section 169A(g) in preparing 
                and submitting the plan.
                    ``(C) Visibility plans.--The Administrator shall 
                approve as a whole any implementation plan submitted 
                under section 169A that was prepared and submitted 
                after consideration of the factors described in 
                paragraphs (1) and (2) of section 169A(g).
                    ``(D) Partial approval and disapproval.--
                            ``(i) In general.--If a portion of a plan 
                        revision meets all applicable requirements of 
                        this Act, the Administrator may approve the 
                        plan revision in part and disapprove the plan 
                        revision in part.
                            ``(ii) Full approval.--A plan revision 
                        shall not be treated as meeting the 
                        requirements of this Act until the 
                        Administrator approves the entire plan revision 
                        as complying with the applicable requirements 
                        of this Act.''; and
                    (B) in paragraph (5)--
                            (i) in the first sentence, by striking 
                        ``Whenever'' and inserting the following:
                    ``(A) In general.--Whenever''; and
                            (ii) by adding at the end the following:
                    ``(B) Visibility plans.--Notwithstanding 
                subparagraph (A), with respect to an implementation 
                plan or portion of an implementation plan approved 
                pursuant to section 169A, the Administrator shall only 
                find that such a plan or portion of a plan is 
                substantially inadequate to meet standards for air 
                pollutants that cause or contribute to the impairment 
                of visibility, or any other applicable standard or 
                requirement, under that section if the Administrator 
                makes a finding that, in preparing the plan, the 
                submitting State failed to consider the factors 
                described in paragraphs (1) and (2) of section 169A(g).
                    ``(C) Existing visibility plans.--
                            ``(i) Request for revocation.--At any time 
                        after the date of enactment of this 
                        subparagraph--
                                    ``(I) a State may request that the 
                                existing Federal or State 
                                implementation plan for the State 
                                regarding visibility or any 
                                determination made in calendar year 
                                2010 or 2011 of best available retrofit 
                                technology pursuant to section 169A be 
                                revoked; and
                                    ``(II) upon receipt of such a 
                                request, the Administrator shall revoke 
                                the implementation plan.
                            ``(ii) Submission of new or revised plan.--
                        Upon a revocation under clause (i)(II), the 
                        State that requested the revocation shall, 
                        within a reasonable period of time, submit to 
                        the Administrator a visibility plan or a 
                        revised best available retrofit technology 
                        determination in accordance with this Act.''.

SEC. 3. VISIBILITY PROTECTION FOR FEDERAL CLASS I AREAS.

    Section 169A of the Clean Air Act (42 U.S.C. 7491) is amended--
            (1) in subsection (b)(2), in the matter preceding 
        subparagraph (A), by striking ``as may be necessary'' and 
        inserting ``as the State determines, at the sole discretion of 
        the State after considering factors described in this section 
        and providing adequate opportunity for public comment, may be 
        necessary''; and
            (2) in subsection (g)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) in determining reasonable progress, there shall be 
        taken into consideration--
                    ``(A) the costs of compliance;
                    ``(B) the time necessary for compliance;
                    ``(C) the energy and nonair quality environmental 
                impacts of compliance;
                    ``(D) the remaining useful life of any existing 
                source subject to requirements under this section;
                    ``(E) the degree of improvement in visibility that 
                may reasonably be anticipated to result from measures 
                described in the applicable implementation plan; and
                    ``(F) the economic impacts to the State (including 
                people of the State);'';
                    (B) in paragraph (2)--
                            (i) by striking ``(2) in determining best 
                        available retrofit technology the State'' and 
                        inserting the following:
            ``(2) in determining the best available retrofit 
        technology--
                    ``(A) the State'';
                            (ii) in subparagraph (A) (as designated by 
                        clause (i)), by inserting ``the economic 
                        impacts to the State (including people of the 
                        State),'' after ``life of the source,'';
                            (iii) by striking ``technology;'' and 
                        inserting ``technology; and''; and
                            (iv) by adding at the end the following:
                    ``(B) the determination of best available retrofit 
                technology by the State for any source shall be subject 
                to review by the Administrator or an administrative 
                entity or Federal or State court only pursuant to a 
                clearly erroneous standard of review;''; and
                    (C) in paragraph (4), by striking ``(or the date of 
                promulgation of such a plan revision in the case of 
                action by the Administrator under section 110(c) for 
                purposes of this section)''.
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