[Congressional Record Volume 162, Number 17 (Thursday, January 28, 2016)]
[Senate]
[Pages S360-S361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3062. Mrs. CAPITO submitted an amendment intended to be proposed
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:
At the end, add the following:
SEC. _002. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) 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).
(3) 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).
(4) Major emitting facility; major stationary source.--The
terms ``major emitting facility'' and ``major stationary
source'' have the meaning given those terms in section 302 of
the Clean Air Act (42 U.S.C. 7602).
(5) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard for an air pollutant under
section 109 of the Clean Air Act (42 U.S.C. 7409) that is
finalized on or after the date of enactment of this Act.
(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) Inclusions.--The term ``preconstruction permit''
includes any permit described in subparagraph (A) that is
issued by--
(i) the Environmental Protection Agency; or
(ii) a State, local, or tribal permitting authority.
(7) RACT/BACT/LAER clearinghouse database.--The term
``RACT/BACT/LAER Clearinghouse database'' means the central
database of air pollution technology information that is
posted on the Internet website of the Environmental
Protection Agency.
SEC. _003. BUILDING AND MANUFACTURING PROJECTS DASHBOARD.
(a) In General.--For fiscal year 2008 and each fiscal year
thereafter, the Administrator shall publish in a readily
accessible location on the Internet website of the
Environmental Protection Agency an estimate by the
Administrator of, with respect to the applicable fiscal
year--
(1) the total number of preconstruction permits issued by
the Environmental Protection Agency;
(2) the percentage of those preconstruction permits issued
by the date that is 1 year after the date of filing of
completed applications for the permits; and
(3) the average length of time required for the
Environmental Appeals Board of the Environmental Protection
Agency to issue a final decision regarding petitions
appealing
[[Page S361]]
decisions to grant or deny a preconstruction permit
application.
(b) Initial Publication; Updates.--The Administrator
shall--
(1) make the publication required by subsection (a) for
fiscal years 2008 through 2014 by not later than 60 days
after the date of enactment of this Act; and
(2) update that publication not less frequently than
annually.
(c) Sources of Information.--
(1) Fiscal years 2008 through 2014.--In carrying out this
section with respect to the information required to be
published for fiscal years 2008 through 2014, the estimates
of the Administrator shall be based on information in the
possession of the Administrator as of the date of enactment
of this Act, including information in the RACT/BACT/LAER
Clearinghouse database.
(2) No requirement to collect additional information.--
Nothing in this section requires the Administrator to seek or
collect any information in addition to the information that
is voluntarily provided by States and local air agencies for
the RACT/BACT/LAER Clearinghouse database with respect to the
information required to be published under this section for
any fiscal year.
SEC. _004. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO
ADDRESS NEW OR REVISED NATIONAL AMBIENT AIR
QUALITY STANDARDS IN PRECONSTRUCTION
PERMITTING.
(a) Proposed Regulations.--In publishing any final rule
establishing or revising a national ambient air quality
standard, the Administrator shall, as the Administrator
determines to be necessary and appropriate to assist States,
permitting authorities, and permit applicants, concurrently
publish proposed regulations and guidance for implementing
the standard, including information relating to submission
and consideration of a preconstruction permit application
under the new or revised standard.
(b) Applicability of Standard to Preconstruction
Permitting.--A new or revised national ambient air quality
standard shall not apply to the review and disposition of a
preconstruction permit application until the Administrator
publishes final implementation regulations and guidance that
include information relating to submission and consideration
of a preconstruction permit application under the standard.
(c) Effect of Section.--
(1) In general.--After publishing regulations and guidance
for implementing national ambient air quality standards under
subsection (a), nothing in this section precludes the
Administrator from issuing subsequent regulations or guidance
to assist States and facilities in implementing those
standards.
(2) Requirements of applicants.--Nothing in this section
eliminates the obligation of a preconstruction permit
applicant to install best available control technology and
lowest achievable emission rate technology, as applicable.
(3) State, local, and tribal authority.--Nothing in this
section limits the authority of a State, local, or tribal
permitting authority to impose emission requirements pursuant
to State, local, or tribal law that are more stringent than
the applicable Federal national ambient air quality standards
established by the Environmental Protection Agency.
SEC. _005. REPORT TO CONGRESS REGARDING ACTIONS TO EXPEDITE
REVIEW OF PRECONSTRUCTION PERMITS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to Congress a report that, with
respect to the period covered by the report--
(1) identifies the activities carried out by the
Environmental Protection Agency to increase the efficiency of
the preconstruction permitting process;
(2) identifies the specific reasons for delays in issuing--
(A) preconstruction permits required under part C of the
Clean Air Act (42 U.S.C. 7470 et seq.) beyond the 1-year
deadline mandated by section 165(c) of that Act (42 U.S.C.
7475(c)); or
(B) preconstruction permits required under part D of the
Clean Air Act (42 U.S.C. 7501 et seq.) beyond the 1-year
period beginning on the date on which the permit application
is determined to be complete;
(3) describes the means by which the Administrator is
resolving--
(A) delays in making completeness determinations for
preconstruction permit applications; and
(B) processing delays for preconstruction permits,
including any increases in communication with State and local
permitting authorities; and
(4) summarizes and responds to public comments received
under subsection (b) concerning the report.
(b) Public Comment.--Before submitting a report required by
subsection (a), the Administrator shall--
(1) publish on the Internet website of the Environmental
Protection Agency a draft of the report; and
(2) provide to the public a period of not less than 30 days
to submit comments regarding the draft report.
(c) Sources of Information.--Nothing in this section
compels the Environmental Protection Agency to seek or
collect any information in addition to the information that
is voluntarily provided by States and local air agencies for
the RACT/BACT/LAER Clearinghouse database.
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