I 112th CONGRESS 2d Session H. R. 5381 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.

1.

Short title

This Act may be cited as the Commonsense Legislative Exceptional Events Reforms Act of 2012.

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.