1.This Act may be cited as the
Regional Haze Federalism Act
.
2.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)
(1)
(A)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)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 plansIn 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)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)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)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)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)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)Whenever
;
and
(ii)by
adding at the end the following:
(B)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)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 planUpon 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.
.
3.Visibility
protection for Federal Class I areasSection 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)
.