[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2125 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2125

To amend the Clean Air Act to facilitate efficient State implementation 
   of certain national ambient air quality standards, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

 Mrs. Capito (for herself, Mr. Wicker, Mr. Ricketts, Mr. Sullivan, Ms. 
 Lummis, Mr. Cornyn, and Mr. Barrasso) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Clean Air Act to facilitate efficient State implementation 
   of certain national ambient air quality 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 ``National Ambient Air Quality 
Standards Implementation Act of 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) 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).

SEC. 3. 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 primary standards'' 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.
                    ``(C) Revision.--National primary ambient air 
                quality standards''.
    (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), in the first sentence, 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 December 31, 2030, 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 December 31, 2030, any 
                revisions to those criteria or standards.
            (3) Cycle for next review of particulate matter 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 December 18, 2030, any review 
                of the criteria for particulate matter published under 
                section 108 of that Act (42 U.S.C. 7408) or the 
                national ambient air quality standard for particulate 
                matter promulgated under section 109 of that Act (42 
                U.S.C. 7409); or
                    (B) propose, before December 18, 2030, 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 subparagraph (A) (as so designated), 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.'';
                    (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 ``compliance with 
                subsections (b)(1) and (c)(2)'' in the undesignated 
                matter following subparagraph (B); and
                    (C) in the undesignated matter following paragraph 
                (5), by striking ``Any reference to'' 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. 7509a).
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