[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1805 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1805

 To prohibit the Administrator of the Environmental Protection Agency 
   from rejecting or otherwise determining to be inadequate a State 
implementation plan in any case in which the State submitting the plan 
has not been given a reasonable time to develop and submit the plan in 
       accordance with a certain provision of the Clean Air Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 3, 2011

  Mr. Johanns introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To prohibit the Administrator of the Environmental Protection Agency 
   from rejecting or otherwise determining to be inadequate a State 
implementation plan in any case in which the State submitting the plan 
has not been given a reasonable time to develop and submit the plan in 
       accordance with a certain provision of the Clean Air Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON REJECTION OF STATE IMPLEMENTATION PLANS.

    (a) In General.--The Administrator of the Environmental Protection 
Agency (referred to in this section as the ``Administrator'') may not 
reject, determine to be inadequate, or require compliance with a 
Federal implementation plan submitted under Section 110(a)(2)(D)(i)(I) 
of the Clean Air Act (42 U.S.C. 7401 et seq.) in any case in which the 
Administrator has not provided the State submitting the plan a period 
of at least 2 years after the date of promulgation of any final rule 
establishing an applicable standard intended to reduce the interstate 
transport of fine particulate matter and ozone to develop and submit 
such a plan in accordance with that final rule and section 110(d) of 
the Clean Air Act (42 U.S.C. 7410(d)).
    (b) Plans Submitted During Development Period.--In a case in which 
a State submits a State implementation plan to the Administrator during 
a 2-year development period described in subsection (a), the 
Administrator may not reject the State implementation plan if, as a 
result of such a rejection, the State would be required to comply with 
a final rule described in subsection (a) by not later than 1 year after 
the date of submission of the State implementation plan.
    (c) Provision of Adequate Data, Modeling, and Support During 
Development Period.--In any case in which a State requests reasonable 
technical support or otherwise requests data (including integrated 
planning models and other modeling), clarification, or guidance 
regarding the content of any final rule or applicable regulation 
material to the State implementation plan, the Administrator shall 
provide that support, clarification, or guidance in a timely manner.
    (d) Effective Date of Rule.--Notwithstanding any finalization of 
the proposed rule entitled, ``Federal Implementation Plans To Reduce 
Interstate Transport of Fine Particulate Matter and Ozone'' (75 Fed. 
Reg. 45210 (August 2, 2010)), before the date of enactment of this 
Act--
            (1) that final rule shall not be or become, as applicable, 
        effective until a date (to be determined by the Administrator) 
        that is at least 18 months after the date of enactment of this 
        Act; and
            (2) the date by which compliance with any standard or 
        requirement under that final rule is required, and any date for 
        further regulatory action triggered by that final rule, shall 
        be delayed by a period equal to the period--
                    (A) beginning on the date of publication of the 
                final action for the final rule; and
                    (B) ending on the date on which the final rule 
                becomes effective pursuant to paragraph (1).
    (e) Applicability of Clean Air Interstate Rule During Interim 
Period.--Notwithstanding any other provision of law, the Administrator 
shall continue to implement the final rule commonly known as the 
``Clean Air Interstate Rule'' (70 Fed. Reg. 25162 (May 12, 2005)), and 
the rule establishing Federal implementation plans for that rule as 
promulgated and modified by the Administrator (71 Fed. Reg. 25288 
(April 28, 2006)), (71 Fed. Reg. 25328 (April 28, 2006)), (72 Fed. Reg. 
59190 (Oct. 19, 2007)), (72 Fed. Reg. 62338 (Nov. 2, 2007)), (74 Fed. 
Reg. 56721 (Nov. 3, 2009)), until the date on which final action with 
respect to any Federal regulatory mandate becomes effective in 
accordance with this Act.
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