[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5381 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5381

     To amend the Clean Air Act with respect to exceptional event 
                demonstrations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2012

  Mr. Flake introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To amend the Clean Air Act with respect to exceptional event 
                demonstrations, 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 Legislative Exceptional 
Events Reforms Act of 2012''.

SEC. 2. AMENDMENTS TO THE EXCEPTIONAL EVENT PROVISION OF THE CLEAN AIR 
              ACT.

    (a) Exceptional Event Demonstration.--Section 319(b)(3)(B)(iv) of 
the Clean Air Act (42 U.S.C. 7619(b)(3)(B)(iv)) is amended by striking 
``to petition the Administrator to'' and inserting ``to submit a 
petition (in this section referred to as an `exceptional event 
demonstration') to the Administrator to''.
    (b) Criteria.--Section 319(b)(3) of the Clean Air Act (42 U.S.C. 
7619(b)(3)) is amended by adding at the end the following:
                    ``(C) Criteria for determination of exceptional 
                event demonstration.--The criteria for evidence, 
                analyses, and documentation applicable to approval or 
                disapproval of an exceptional event demonstration under 
                the regulations under this section shall be stated with 
                specificity in order to minimize the discretion of the 
                Administrator in approving or disapproving such 
                demonstration. The Administrator shall develop such 
                criteria in conjunction with input from the States. 
                Such criteria shall reflect the varying level of 
                technical expertise and resources available in State 
                and local agencies and the varying availability of 
                meteorological and other monitoring data in rural 
                areas, and may vary with respect to different regions. 
                In developing such criteria, the Administrator shall 
                also consider use of an expedited or streamlined 
                approval process and conditions under which exceptional 
                event demonstrations may be suitable for such a 
                process.''.
    (c) Timing of Approval or Disapproval of Exceptional Event 
Demonstration.--Section 319(b)(3) of the Clean Air Act (42 U.S.C. 
7619(b)(3)) is further amended by adding at the end the following:
                    ``(D) Timing of determination of exceptional event 
                demonstration.--
                            ``(i) Deadline for determination.--Not 
                        later than 90 days after submission of an 
                        exceptional event demonstration, the 
                        Administrator shall approve, disapprove, or 
                        request additional information from a State 
                        regarding such an exceptional event 
                        demonstration. If the Administrator does not 
                        take any action with respect to an exceptional 
                        event demonstration within such 90-day period, 
                        such demonstration shall be considered 
                        approved.
                            ``(ii) Deadline if additional information 
                        requested.--If the Administrator requests 
                        additional information from a State regarding 
                        an exceptional event demonstration under clause 
                        (i), not later than 90 days after the 
                        submission of such additional information, the 
                        Administrator shall approve or disapprove such 
                        demonstration. If the Administrator does not 
                        approve or disapprove such a demonstration for 
                        which additional information is submitted 
                        within such 90-day period, such demonstration 
                        shall be considered approved.''.
    (d) Burden of Proof.--Section 319(b)(3) of the Clean Air Act (42 
U.S.C. 7619(b)(3)) is further amended by adding at the end the 
following:
                    ``(E) Burden of proof.--The regulations promulgated 
                under this section shall provide that a determination 
                by the Administrator with respect to approval or 
                disapproval of an exceptional event demonstration be 
                based on a preponderance of the evidence. In making any 
                such determination, the Administrator shall accord 
                substantial deference to the findings of the State 
                exceptional event demonstration and may develop and use 
                analyses and consider evidence not provided by such 
                exceptional event demonstration.''.
    (e) Appeals.--Section 319(b)(3) of the Clean Air Act (42 U.S.C. 
7619(b)(3)) is further amended by adding at the end the following:
                    ``(F) Appeals.--Approval or disapproval by the 
                Administrator of an exceptional event demonstration 
                shall be considered final action subject to judicial 
                review under section 307(b).''.
    (f) Revision of Regulations.--Not later than 180 days after the 
date of enactment of this Act, the Administrator of the Environmental 
Protection Agency shall revise the regulations under section 319(b) of 
the Clean Air Act (42 U.S.C. 7619(b)) to carry out the amendments made 
by this Act.
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