II 112th CONGRESS 1st Session S. 1805 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.

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.