[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1973 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1973

To require the Administrator of the Environmental Protection Agency to 
   establish a program under which the Administrator shall defer the 
 designation of an area as a nonattainment area for purposes of the 8-
 hour ozone national ambient air quality standard if the area achieves 
and maintains certain standards under a voluntary early action compact 
                     plan, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2019

  Mr. Lee (for himself and Mr. Romney) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
   establish a program under which the Administrator shall defer the 
 designation of an area as a nonattainment area for purposes of the 8-
 hour ozone national ambient air quality standard if the area achieves 
and maintains certain standards under a voluntary early action compact 
                     plan, 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. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Early action compact program.--The term ``Early Action 
        Compact Program'' means the program established under section 
        2(a).
            (3) Episode.--The term ``episode'' is within the meaning of 
        the term under the Clean Air Act (42 U.S.C. 7401 et seq.).
            (4) Ozone standard.--The term ``ozone standard'' means the 
        8-hour ozone standard national ambient air quality standard 
        under the Clean Air Act (42 U.S.C. 7401 et seq.).
            (5) State implementation plan.--The term ``State 
        implementation plan'' means a State or tribal implementation 
        plan, as those terms are used in the Clean Air Act (42 U.S.C. 
        7401 et seq.).

SEC. 2. EARLY ACTION COMPACT PROGRAM.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall establish a program, to 
be known as the ``Early Action Compact Program'', under which State, 
local, and Tribal governments may develop early action compact plans 
designed to achieve and maintain the ozone standard.
    (b) Notification.--
            (1) In general.--To be eligible to participate in the Early 
        Action Compact Program, a State, local, or Tribal government 
        shall submit to the Administrator--
                    (A) on the date on which the applicable State 
                submits to the Administrator the nonattainment 
                recommendations of the State, a notice of the intent of 
                the State, local, or Tribal government to participate 
                in the Early Action Compact Program; and
                    (B) not later than 1 year after the date on which 
                the State, local, or Tribal government submits the 
                notice under subparagraph (A), an early action compact 
                plan in accordance with section 3.
            (2) Limitation on nonattainment status.--In the case of an 
        area under the jurisdiction of a State, local, or Tribal 
        government that provides a notice under paragraph (1)(A), the 
        Administrator may not designate the area as a nonattainment 
        area under section 107 of the Clean Air Act (42 U.S.C. 7407) 
        until after the Administrator has issued a decision on an early 
        action compact plan of the area under section 4.
    (c) Minimum Requirements.--The Early Action Compact Program shall 
include, at a minimum, provisions to ensure--
            (1) the use of best available science;
            (2) participation by State, local, and Tribal governments 
        through locally crafted solutions;
            (3) the voluntary development and implementation by the 
        State, local, and Tribal governments of early action compact 
        plans;
            (4) that if a State implementation plan is required due to 
        designation of an area as a nonattainment area following the 
        implementation of an early action compact plan in accordance 
        with this section, the Administrator shall provide credit to 
        applicable State, local, or Tribal governments and industry 
        participants for actions and investments carried out pursuant 
        to the Early Action Compact Program toward ozone attainment; 
        and
            (5) that, in the case of the failure of an area to achieve 
        ozone attainment, the Administrator shall defer designation of 
        the area as a nonattainment area for ground-level ozone under 
        section 107 of the Clean Air Act (42 U.S.C. 7407) if that 
        area--
                    (A) is participating in the Early Action Compact 
                Program; and
                    (B) is an area in which an early action compact 
                plan is being implemented to improve the air quality of 
                the area.

SEC. 3. EARLY ACTION COMPACT PLAN REQUIREMENTS.

    (a) In General.--Subject to section 6, an early action compact plan 
entered into under the Early Action Compact Program shall include--
            (1) general provisions to ensure--
                    (A) public involvement in the development of the 
                plan, including--
                            (i) public comment on a proposed early 
                        action compact plan in accordance with the 
                        standard State implementation plan revision 
                        process as implemented by the applicable State; 
                        and
                            (ii) the provision to the public of 
                        information, updates, awareness, and other 
                        opportunities for public involvement;
                    (B) that, in the case of the failure of an area to 
                achieve ozone attainment, an area is credited under the 
                standard State implementation plan process for all 
                emission reductions that result from measures 
                implemented under the early action compact plan for 
                that area; and
                    (C) that amendments to the early action compact 
                plan accommodate adaptive approaches that reflect 
                developing science, monitoring, and control mechanisms;
            (2) measurable milestones, including--
                    (A) completion of emissions inventories and 
                modeling using best available science and Environmental 
                Protection Agency modeling guidance and tools;
                    (B) adoption of control strategies that demonstrate 
                attainment;
                    (C) if necessary, completion and adoption of early 
                action State implementation plan revisions;
                    (D) subject to subsection (b) and section 
                6(b)(2)(B), attainment with the ozone standard 
                (including any applicable revised ozone standards that 
                are finalized after the date on which the early action 
                compact plan is approved by the Administrator) by not 
                later than 10 years after the date on which the 
                Administrator approves the early action compact plan; 
                and
                    (E) a post-attainment plan;
            (3) emissions inventories that--
                    (A) use the most current tools available and will 
                be completed for at least 1 recent episode so as to 
                support the early action compact plan; and
                    (B) include--
                            (i) at least 1 recent episode reflective of 
                        a typical ozone season exceedance that meets 
                        the episode selection guidance of the 
                        Administrator to ensure that representative 
                        meteorological regimes are considered;
                            (ii) baseline data to accurately measure 
                        ozone reductions of control measures 
                        implemented through the early action compact 
                        plan; and
                            (iii) continuing episode inventories--
                                    (I) to inform appropriate control 
                                measures; and
                                    (II) to improve understanding of 
                                emission trends and the contributors to 
                                ozone production in the area;
            (4) modeling emissions inventories--
                    (A) to develop State implementation plan quality 
                modeling episodes that--
                            (i) perform within the margin of accuracy 
                        determined by the Administrator based on best 
                        practices; and
                            (ii) include a base case and future case on 
                        or before the date of approval by the 
                        Administrator of the early action compact plan; 
                        and
                    (B) that sufficiently account for projected growth 
                in ozone precursor emissions, particularly from 
                stationary, nonroad, and on-road mobile sources;
            (5) continuing development of episodes to represent a 
        variety of situations that contribute to ozone production in a 
        manner that--
                    (A) supports the early action compact plan;
                    (B) determines control strategies;
                    (C) demonstrates relative effectiveness of control 
                measures; and
                    (D) demonstrates attainment within the early action 
                compact plan period;
            (6) the applicable Federal, State, local, and Tribal 
        control strategies that--
                    (A) demonstrate attainment not later than the 
                attainment date of the early action compact plan;
                    (B) are designed and implemented by the community 
                with full stakeholder participation;
                    (C) following the adoption of Federal and State 
                controls to be implemented by the attainment date of 
                the early action compact, identify local control 
                strategies that are--
                            (i) specific;
                            (ii) quantifiable;
                            (iii) permanent; and
                            (iv) enforceable; and
                    (D) shall be--
                            (i) incorporated by the applicable State or 
                        Indian Tribe into the State implementation 
                        plan; and
                            (ii) submitted to the Administrator for 
                        approval; and
            (7) maintenance for growth provisions--
                    (A) to address increases in emissions at least 5 
                years beyond the attainment date of the early action 
                compact plan to ensure the area remains in attainment 
                of ozone standards; and
                    (B) to require continuing planning processes, 
                including--
                            (i) modeling updates;
                            (ii) identification of actual new point 
                        sources;
                            (iii) impacts from growth; and
                            (iv) future transportation patterns and the 
                        impact on ozone levels.
    (b) Effect of Updated Ozone Standards.--
            (1) Revised plans.--
                    (A) In general.--In any case in which, during the 
                10-year effective period of an early action compact 
                plan approved under this Act, the Administrator 
                finalizes a new, updated, or modified ozone standard 
                that is applicable to the early action compact plan, 
                the affected State, local, or Tribal government shall 
                submit to the Administrator, by not later than 1 year 
                after the date of finalization of the new, updated, or 
                modified ozone standard, a revised early action compact 
                plan that incorporates adjusted milestones to meet the 
                new, updated, or modified ozone standard, in accordance 
                with paragraph (2).
                    (B) Failure to submit.--If an affected State, 
                local, or Tribal government fails to submit to the 
                Administrator a revised early action compact plan by 
                the applicable deadline under subparagraph (A), the 
                Administrator shall withdraw approval of the early 
                action compact plan.
            (2) Deadlines.--
                    (A) Modification to ozone standards during initial 
                5-year period.--If the Administrator finalizes a new, 
                updated, or modified ozone standard that is applicable 
                to an early action compact plan during the 5-year 
                period beginning on the date of approval of the early 
                action compact plan under section 4, the revised early 
                action compact plan under paragraph (1) shall ensure 
                achievement by the affected areas of attainment during 
                the 10-year period beginning on the date of approval of 
                the original early action compact plan.
                    (B) Modification to ozone standards during final 
                period.--
                            (i) Definition of final period.--In this 
                        subparagraph, the term ``final period'', with 
                        respect to an early action compact plan, means 
                        the period--
                                    (I) beginning on the date that is 5 
                                years after the date of approval of the 
                                early action compact plan under section 
                                4; and
                                    (II) ending on the date that is 10 
                                years after that date of approval.
                            (ii) Requirement.--Notwithstanding 
                        subsection (a)(2)(D), if the Administrator 
                        finalizes a new, updated, or modified ozone 
                        standard that is applicable to an early action 
                        compact plan during the final period of the 
                        early action compact plan, the revised early 
                        action compact plan under paragraph (1) shall 
                        ensure achievement by the affected areas of 
                        attainment during the 5-year period beginning 
                        on the date of submission of the revised early 
                        action compact plan.

SEC. 4. DECISIONS ON EARLY ACTION COMPACT PLANS.

    (a) In General.--The Administrator shall issue a decision on each 
early action compact plan or revised early action compact plan 
submitted to the Administrator under this Act by not later than 1 year 
after the date on which the plan is submitted.
    (b) Types of Decisions.--In issuing a decision under this section, 
the Administrator shall--
            (1) approve the early action compact plan;
            (2) deny the early action compact plan; or
            (3) in accordance with subsection (c), make specific 
        suggestions to modify the early action compact plan.
    (c) Modifications.--
            (1) In general.--Not later than 1 year after the date on 
        which a State, local, or Tribal government receives suggestions 
        from the Administrator under subsection (b)(3), the State, 
        local, or Tribal government may submit to the Administrator, 
        for approval in accordance with subsection (b), a modified 
        early action compact plan that takes the suggestions of the 
        Administrator into consideration.
            (2) Limitation on nonattainment status.--In the case of a 
        State, local, or Tribal government that submits to the 
        Administrator a modified early action compact plan under 
        paragraph (1), the Administrator may not designate the area 
        subject to the early action compact plan as a nonattainment 
        area under section 107 of the Clean Air Act (42 U.S.C. 7407) 
        until after the date on which the Administrator issues a 
        decision on the modified early action compact plan of the area 
        under this section.

SEC. 5. DUTIES OF ADMINISTRATOR.

    In carrying out the Early Action Compact Program, the Administrator 
shall--
            (1) recognize the commitment of each State, local, or 
        Tribal area to voluntarily adopt an early, substantive, 
        enforceable, and scientifically based attainment plan with 
        early implementation of control measures by becoming a party to 
        an early action compact plan developed in accordance with this 
        Act;
            (2) provide technical assistance to States, Indian Tribes, 
        and local areas in the development of early action compact 
        plans;
            (3) ensure prompt review and approval of submitted early 
        action compact plans;
            (4) in a case in which the Administrator denies a submitted 
        early action compact plan, provide an explanation of the reason 
        for denying the submitted early action compact plan;
            (5) in the case of the failure of an area subject to an 
        early action compact plan to achieve attainment status during 
        the period for which the plan is in effect, defer designation 
        of the area as a nonattainment area until the expiration of 
        that period if the area continues to meet the terms of the 
        plan, including any milestones established by the plan;
            (6) expeditiously designate an area as an attainment area 
        and impose no additional requirements other than the post-
        attainment plan if area monitors reflect attainment by not 
        later than the early action compact plan attainment date; and
            (7) in the case of the failure of a participating area to 
        comply with the Early Action Compact Program--
                    (A) withdraw approval under this Act of the early 
                action compact plan of the area; but
                    (B) provide reasonable opportunities for the area 
                to cure deficiencies before withdrawing that approval.

SEC. 6. WINTER OZONE PROVISIONS.

    (a) In General.--For each early action compact plan under this Act, 
the Administrator shall establish requirements relating to winter ozone 
levels, including timelines, that are separate from, but not more 
burdensome than, the requirements otherwise established under this Act.
    (b) Regulations.--
            (1) In general.--The Administrator shall promulgate 
        regulations--
                    (A) to carry out the Early Action Compact Program; 
                and
                    (B) specifically to address and accommodate unique 
                and complex occurrences of winter ozone in accordance 
                with this section.
            (2) Requirements.--The regulations promulgated pursuant to 
        paragraph (1) shall provide--
                    (A) sufficient timelines for the Administrator and 
                State, local, and Tribal governments to conduct air 
                shed inventories, scientific research and studies 
                necessary for the Administrator and State, local, and 
                Tribal governments to identify winter ozone causes 
                (including precursors), and take appropriate actions 
                necessary--
                            (i)(I) to create accurate emissions 
                        inventories and carefully model winter ozone 
                        using the most current tools available; and
                            (II) over a sufficient period of time, 
                        comprehensively to identify the variety of 
                        situations that typically contribute to 
                        elevated winter ozone levels;
                            (ii)(I) to fully analyze best available 
                        science and data to determine background ozone 
                        levels; and
                            (II) to identify meteorological, 
                        geographical, and other factors leading to 
                        elevated winter ozone levels; and
                            (iii) to effectively identify, develop, and 
                        implement air pollution control strategies that 
                        the Administrator and State, local, and Tribal 
                        governments agree are the highest priority 
                        activities to reduce winter ozone levels; and
                    (B) notwithstanding section 3(a)(2)(D), given the 
                complexities of winter ozone occurrences, a minimum of 
                10 years after the date on which the Administrator 
                approves an early action compact plan for the reduction 
                of winter ozone levels under the Early Action Compact 
                Program.
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