[Congressional Record Volume 161, Number 8 (Friday, January 16, 2015)]
[Senate]
[Page S241]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 39. Mr. ENZI (for himself, Mr. Barrasso, and Mr. Flake) submitted 
an amendment intended to be proposed by him to the bill S. 1, to 
approve the Keystone XL Pipeline; which was ordered to lie on the 
table; as follows:

       After section 2, insert the following:

     SEC. __. REGIONAL HAZE PROGRAM.

       (a) In General.--Notwithstanding any other provision of 
     law, the Administrator of the Environmental Protection Agency 
     (referred to in this section as the ``Administrator'') shall 
     not reject or disapprove, in whole or in part, a State 
     implementation plan addressing any regional haze regulation 
     of the Environmental Protection Agency (including the 
     regulations described in sections 51.308 and 51.309 of title 
     40, Code of Federal Regulations (or successor regulations)), 
     if--
       (1) the State--
       (A) has submitted to the Administrator a State 
     implementation plan for regional haze that considers the 
     factors identified in section 169A of the Clean Air Act (42 
     U.S.C. 7491); and
       (B) substantially applied the relevant laws (including 
     regulations) in determining the final plan to be selected;
       (2) the Administrator cannot demonstrate, using the best 
     available science, that a Federal implementation plan action 
     governing a specific emissions source or emissions unit, when 
     compared to the State plan, will result in greater than a 1.0 
     deciview improvement from any new emissions control in any 
     single class I area (as classified under section 162 of the 
     Clean Air Act (42 U.S.C. 7472)), based on a 3-year average of 
     the maximum 98th-percentile impact; or
       (3) implementation of the Federal implementation plan, when 
     compared to the State plan, will result in an economic cost 
     to the State or to the private sector of greater than 
     $100,000,000 in any fiscal year or $300,000,000 in the 
     aggregate.
       (b) Applicability.--This section applies to all State 
     implementation plans described in subsection (a) submitted to 
     the Administrator before, on, or after the date of enactment 
     of this Act.
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