[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4799 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4799

To amend the Clean Air Act to give States adequate time to revise their 
 State implementation plans to prevent emissions activity within such 
    States from contributing significantly to nonattainment in, or 
 interfering with maintenance by, any other State with respect to any 
     national ambient air quality standard, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 2, 2014

  Mr. Olson (for himself, Mr. Pompeo, Mr. Sessions, Mr. Burgess, Mr. 
    Long, and Mr. Conaway) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Clean Air Act to give States adequate time to revise their 
 State implementation plans to prevent emissions activity within such 
    States from contributing significantly to nonattainment in, or 
 interfering with maintenance by, any other State with respect to any 
     national ambient air quality standard, 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 ``Clean Air Fairness Act of 2014''.

SEC. 2. GIVING STATES ADEQUATE TIME TO REVISE SIPS TO ADDRESS 
              INTERSTATE TRANSPORT OF AIR EMISSIONS.

    (a) Amendment to the Clean Air Act.--Section 110(a) of the Clean 
Air Act (42 U.S.C. 7410(a)) is amended by adding at the end the 
following:
    ``(7) Notwithstanding the 2-year period for promulgating a Federal 
implementation plan described in subsection (c)(1), the Administrator 
shall not promulgate a Federal implementation plan, and a State shall 
not be subject to any penalty under this Act, for failure of its State 
implementation plan to meet the requirements of paragraph (2)(D)(i)(I) 
unless and until--
            ``(A) the Administrator, after providing notice and an 
        opportunity for comment, promulgates a final rule identifying 
        the emissions reductions necessary to meet such requirements; 
        and
            ``(B) the Administrator provides such State with at least 2 
        years from the date of promulgation of such final rule to 
        revise its State implementation plan to provide for such 
        emissions reductions.''.
    (b) Cross-State Air Pollution Rule.--
            (1) In general.--Notwithstanding the 2-year period for 
        promulgating a Federal implementation plan described in section 
        110(c)(1) of the Clean Air Act (42 U.S.C. 7410(c)(1)), the 
        Administrator of the Environmental Protection Agency shall not 
        promulgate, implement, or enforce a Federal implementation 
        plan, and a State shall not be subject to any penalty under 
        such Act, for failure of its State implementation plan to meet 
        the State's obligations under section 110(a)(2)(D)(i)(I) of 
        such Act (42 U.S.C. 7410(a)(2)(D)(i)(I)) set forth in CSAPR 
        unless and until--
                    (A) the Administrator, after taking into 
                consideration the Supreme Court's decision in 
                Environmental Protection Agency et al. v. EME Homer 
                City Generation, L.P., et al., 134 S. Ct. 1584 (2014), 
                publishes a final notice in the Federal Register 
                indicating the Administrator's intent to implement and 
                enforce such obligations; and
                    (B) the Administrator provides such State with at 
                least 2 years from the date of such publication to 
                revise its State implementation plan to address such 
                obligations.
            (2) CSAPR definition.--In this subsection, the term 
        ``CSAPR'' means the rule entitled ``Federal Implementation 
        Plans: Interstate Transport of Fine Particulate Matter and 
        Ozone and Correction of SIP Approvals'' published at 76 Fed. 
        Reg. 48208 (August 8, 2011) and any subsequent revisions to 
        such rule.
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