[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 263 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 263

  To facilitate efficient State implementation of ground-level ozone 
                   standards, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2017

  Mrs. Capito (for herself, Mr. Flake, Mr. Manchin, Mrs. Fischer, Mr. 
 Cornyn, and Mr. Inhofe) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To facilitate efficient State implementation of ground-level ozone 
                   standards, 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 ``Ozone Standards Implementation Act 
of 2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 2015 ozone standards.--The term ``2015 ozone 
        standards'' means the ozone standards described in the final 
        rule entitled ``National Ambient Air Quality Standards for 
        Ozone'' (80 Fed. Reg. 65292 (October 26, 2015)).
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Best available control technology.--The term ``best 
        available control technology'' has the meaning given the term 
        in section 169 of the Clean Air Act (42 U.S.C. 7479).
            (4) Lowest achievable emission rate.--The term ``lowest 
        achievable emission rate'' has the meaning given the term in 
        section 171 of the Clean Air Act (42 U.S.C. 7501).
            (5) National ambient air quality standard.--The term 
        ``national ambient air quality standard'' means a national 
        ambient air quality standard promulgated under section 109 of 
        the Clean Air Act (42 U.S.C. 7409).
            (6) Preconstruction permit.--
                    (A) In general.--The term ``preconstruction 
                permit'' means a permit that is required under part C 
                or D of title I of the Clean Air Act (42 U.S.C. 7470 et 
                seq.) for the construction or modification of a major 
                emitting facility or major stationary source.
                    (B) Inclusion.--The term ``preconstruction permit'' 
                includes a permit described in subparagraph (A) issued 
                by the Administrator or a State, local, or tribal 
                permitting authority.

SEC. 3. FACILITATING STATE IMPLEMENTATION OF EXISTING OZONE STANDARDS.

    (a) Designations.--
            (1) Designation submission.--Notwithstanding the deadline 
        specified in paragraph (1)(A) of section 107(d) of the Clean 
        Air Act (42 U.S.C. 7407(d)), not later than October 26, 2024, 
        the Governor of each State shall designate in accordance with 
        that section all areas (or portions of areas) of the State as 
        attainment, nonattainment, or unclassifiable with respect to 
        the 2015 ozone standards.
            (2) Designation promulgation.--Notwithstanding the deadline 
        specified in paragraph (1)(B) of section 107(d) of the Clean 
        Air Act (42 U.S.C. 7407(d)), not later than October 26, 2025, 
        the Administrator shall promulgate a final designation under 
        that section for all areas in all States with respect to the 
        2015 ozone standards, including any modifications to the 
        designations submitted under paragraph (1).
            (3) State implementation plans.--Notwithstanding the 
        deadline specified in section 110(a)(1) of the Clean Air Act 
        (42 U.S.C. 7410(a)(1)), not later than October 26, 2026, each 
        State shall submit to the Administrator an implementation plan 
        under that section with respect to the 2015 ozone standards.
    (b) Certain Preconstruction Permits.--
            (1) In general.--The 2015 ozone standards shall not apply 
        to the review and disposition of a preconstruction permit 
        application if--
                    (A) the Administrator or the State, local, or 
                tribal permitting authority, as applicable, determines 
                the application to be complete on or before the date of 
                promulgation of final designations under subsection 
                (a)(2); or
                    (B) the Administrator or the State, local, or 
                tribal permitting authority, as applicable, publishes a 
                public notice of a preliminary determination or draft 
                permit for the application before the date that is 60 
                days after the date of promulgation of the final 
                designation of the relevant area under subsection 
                (a)(2).
            (2) Rules of construction.--Nothing in this section--
                    (A) eliminates the obligation of a preconstruction 
                permit applicant to install best available control 
                technology and lowest achievable emission rate 
                technology, as applicable; or
                    (B) limits the authority of a State, local, or 
                tribal permitting authority to impose more stringent 
                emissions requirements pursuant to State, local, or 
                tribal law than the Federal national ambient air 
                quality standards established by the Administrator.

SEC. 4. FACILITATING STATE IMPLEMENTATION OF NATIONAL AMBIENT AIR 
              QUALITY STANDARDS.

    (a) Consideration of Technological Feasibility.--Section 109(b) of 
the Clean Air Act (42 U.S.C. 7409(b)) is amended--
            (1) by striking ``(b)(1) National'' and inserting the 
        following:
    ``(b) Requirements.--
            ``(1) In general.--
                    ``(A) Public health.--National''; and
            (2) in paragraph (1)(A) (as so designated), in the second 
        sentence, by striking ``Such'' and inserting the following:
                    ``(B) Technological feasibility.--If the 
                Administrator, in consultation with the independent 
                scientific review committee appointed under subsection 
                (d), finds that a range of levels of air quality for an 
                air pollutant are requisite to protect public health 
                with an adequate margin of safety, as described in 
                subparagraph (A), the Administrator may consider, as a 
                secondary consideration, likely technological 
                feasibility in establishing and revising the national 
                primary ambient air quality standard for the 
                pollutant.''.
    (b) Timeline for Review of National Ambient Air Quality 
Standards.--
            (1) 10-year cycle for all criteria air pollutants.--Section 
        109(d) of the Clean Air Act (42 U.S.C. 7409(d)) is amended--
                    (A) in paragraph (1), by striking ``five-year 
                intervals'' and inserting ``10-year intervals''; and
                    (B) in paragraph (2)(B), by striking ``five-year 
                intervals'' and inserting ``10-year intervals''.
            (2) Cycle for next review of ozone criteria and 
        standards.--Notwithstanding section 109(d) of the Clean Air Act 
        (42 U.S.C. 7409(d)), the Administrator shall not--
                    (A) complete, before October 26, 2025, any review 
                of the criteria for ozone published under section 108 
                of that Act (42 U.S.C. 7408) or the national ambient 
                air quality standard for ozone promulgated under 
                section 109 of that Act (42 U.S.C. 7409); or
                    (B) propose, before October 26, 2025, any revisions 
                to those criteria or standards.
    (c) Consideration of Adverse Public Health, Welfare, Social, 
Economic, or Energy Effects.--Section 109(d)(2) of the Clean Air Act 
(42 U.S.C. 7409(d)(2)) is amended by adding at the end the following:
                    ``(D) Advice from scientific review committee.--
                Before establishing or revising a national ambient air 
                quality standard, the Administrator shall request, and 
                the scientific review committee appointed under 
                subparagraph (A) shall provide, advice under 
                subparagraph (C)(iv) regarding any adverse public 
                health, welfare, social, economic, or energy effects 
                which may result from various strategies for attainment 
                and maintenance of the national ambient air quality 
                standard.''.
    (d) Timely Issuance of Implementing Regulations and Guidance.--
Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by adding 
at the end the following:
    ``(e) Timely Issuance of Implementing Regulations and Guidance.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Best available control technology.--The term 
                `best available control technology' has the meaning 
                given that term in section 169.
                    ``(B) Lowest achievable emission rate.--The term 
                `lowest achievable emission rate' has the meaning given 
                that term in section 171.
                    ``(C) Preconstruction permit.--
                            ``(i) In general.--The term 
                        `preconstruction permit' means a permit that is 
                        required under part C or D for the construction 
                        or modification of a major emitting facility or 
                        major stationary source.
                            ``(ii) Inclusion.--The term 
                        `preconstruction permit' includes any permit 
                        described in clause (i) issued by the 
                        Administrator or a State, local, or tribal 
                        permitting authority.
            ``(2) Guidance for implementation.--In publishing any final 
        rule establishing or revising a national ambient air quality 
        standard, the Administrator shall, as the Administrator 
        determines necessary to assist States, permitting authorities, 
        and permit applicants, concurrently publish final regulations 
        and guidance for implementing the national ambient air quality 
        standard, including information relating to submission and 
        consideration of a preconstruction permit application under the 
        new or revised national ambient air quality standard.
            ``(3) Applicability of national ambient air quality 
        standard to preconstruction permitting.--If the Administrator 
        fails to publish the final regulations and guidance referred to 
        in paragraph (2) that include information relating to 
        submission and consideration of a preconstruction permit 
        application under a new or revised national ambient air quality 
        standard concurrently with the national ambient air quality 
        standard, the new or revised national ambient air quality 
        standard shall not apply to the review and disposition of a 
        preconstruction permit application until the date on which the 
        Administrator publishes the final regulations and guidance.
            ``(4) Rules of construction.--Nothing in this subsection--
                    ``(A) precludes the Administrator from issuing 
                regulations and guidance to assist States, permitting 
                authorities, and permit applicants in implementing a 
                national ambient air quality standard after the 
                publication of final regulations and guidance for the 
                national ambient air quality standard under paragraph 
                (2);
                    ``(B) eliminates the obligation of a 
                preconstruction permit applicant to install best 
                available control technology and lowest achievable 
                emission rate technology, as applicable; or
                    ``(C) limits the authority of a State, local, or 
                tribal permitting authority to impose more stringent 
                emissions requirements pursuant to State, local, or 
                tribal law than the Federal national ambient air 
                quality standards established by the Administrator.''.
    (e) Contingency Measures for Extreme Ozone Nonattainment Areas.--
Section 172(c)(9) of the Clean Air Act (42 U.S.C. 7502(c)(9)) is 
amended--
            (1) in the first sentence, by striking ``Such'' and 
        inserting the following:
                    ``(A) Specific measures.--A nonattainment'';
            (2) in the second sentence, by striking ``Such measures'' 
        and inserting the following:
                    ``(B) Contingency measures.--The specific measures 
                referred to in subparagraph (A)''; and
            (3) by adding at the end the following:
                    ``(C) Extreme areas.--Notwithstanding subparagraphs 
                (A) and (B) and any other provision of this Act, the 
                specific measures referred to in subparagraphs (A) and 
                (B) shall not be required for any nonattainment area 
                for ozone classified as an Extreme Area.''.
    (f) Plan Submissions and Requirements for Ozone Nonattainment 
Areas.--Section 182 of the Clean Air Act (42 U.S.C. 7511a) is amended--
            (1) in subsection (b)(1)(A)(ii)(III), by inserting ``and 
        economic feasibility'' after ``technological achievability'';
            (2) in subsection (c)(2)(B)(ii), by inserting ``and 
        economic feasibility'' after ``technological achievability''; 
        and
            (3) in subsection (e)--
                    (A) in the matter preceding paragraph (1), by 
                striking the second sentence and inserting ``Paragraphs 
                (6), (7), and (8) of subsection (c) (relating to de 
                minimis rule and modification of sources) shall not 
                apply in the case of an Extreme Area.''; and
                    (B) in paragraph (5), in the matter preceding 
                subparagraph (A), by striking ``, if the State 
                demonstrates to the satisfaction of the Administrator 
                that--'' and all that follows through ``Any reference 
                to'' in the last sentence of the undesignated matter 
                following subparagraph (B) and inserting the following:
            ``(6) References.--Any reference to''.
    (g) Plan Revisions for Milestones for Particulate Matter 
Nonattainment Areas.--Section 189(c)(1) of the Clean Air Act (42 U.S.C. 
7513a(c)(1)) is amended by inserting ``, which take into account 
technological achievability and economic feasibility,'' after 
``redesignated attainment''.
    (h) Exceptional Events.--Section 319(b)(1) of the Clean Air Act (42 
U.S.C. 7619(b)(1)) is amended by striking subparagraph (B) and 
inserting the following:
                    ``(B) Exclusions.--In this subsection, the term 
                `exceptional event' does not include--
                            ``(i) ordinarily occurring stagnation of 
                        air masses;
                            ``(ii) meteorological inversions; or
                            ``(iii) air pollution relating to source 
                        noncompliance.''.
    (i) Report on Emissions Emanating From Outside the United States.--
Not later than 2 years after the date of enactment of this Act, the 
Administrator, in consultation with States, shall submit to Congress a 
report that describes--
            (1) the extent to which foreign sources of air pollution, 
        including emissions from sources located outside North America, 
        impact--
                    (A) designations of areas (or portions of areas) as 
                nonattainment, attainment, or unclassifiable under 
                section 107(d) of the Clean Air Act (42 U.S.C. 
                7407(d)); and
                    (B) attainment and maintenance of national ambient 
                air quality standards;
            (2) the procedures and timelines of the Administrator for 
        the disposition of petitions submitted under subsection (b) of 
        section 179B of the Clean Air Act (42 U.S.C. 7509a);
            (3) the total number of petitions received by the 
        Administrator under that section (42 U.S.C. 7509a) and, for 
        each petition--
                    (A) the date on which the petition was initially 
                submitted to the Administrator; and
                    (B) the date of final disposition by the 
                Administrator; and
            (4) whether the Administrator recommends any statutory 
        changes to facilitate the more efficient review and disposition 
        of petitions submitted under that section (42 U.S.C. 7509).
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