,,ii #aaeth ,,congress #ast ,session ,s4 #bfc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #a1 #bjag,mrs4 ,capito 7for herself1 ,mr4 ,flake1 ,mr4 ,manchin1 ,mrs4 ,fischer1 ,mr4 ,cornyn1 and ,mr4 ,inhofe7 introduced the following bill2 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 standards1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ozone ,standards ,implementation ,act of #bjag4 #b4 ,definitions ,in this ,act3 7#a7 #bjae ozone standards ,the term #bjae ozone standards means the ozone standards described in the final rule entitled ,national ,ambient ,air ,quality ,standards for ,ozone 7#hj ,fed4 ,reg4 #febib 7,october #bf1 #bjae774 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#c7 ,best available control technology ,the term best available control technology has the meaning given the term in section #afi of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdgi74 7#d7 ,lowest achievable emission rate ,the term lowest achievable emission rate has the meaning given the term in section #aga of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja74 7#e7 ,national ambient air quality standard ,the term national ambient air quality standard means a national ambient air quality standard promulgated under section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji74 7#f7 ,preconstruction permit 7,a7 ,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 7#db ,u4,s4,c4 #gdgj et seq47 for the construction or modification of a major emitting facility or major stationary source4 7,b7 ,inclusion ,the term preconstruction permit includes a permit described in subparagraph 7,a7 issued by the ,administrator or a ,state1 local1 or tribal permitting authority4 #c4 ,facilitating ,state implementation of existing ozone standards 7a7 ,designations 7#a7 ,designation submission ,notwithstanding the deadline specified in paragraph 7#a77;,a7 of section #ajg7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjg7;d771 not later than ,october #bf1 #bjbd1 the ,governor of each ,state shall designate in accordance with that section all areas 7or portions of areas7 of the ,state as attainment1 nonattainment1 or unclassifiable with respect to the #bjae ozone standards4 7#b7 ,designation promulgation ,notwithstanding the deadline specified in paragraph 7#a77;,b7 of section #ajg7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjg7;d771 not later than ,october #bf1 #bjbe1 the ,administrator shall promulgate a final designation under that section for all areas in all ,states with respect to the #bjae ozone standards1 including any modifications to the designations submitted under paragraph 7#a74 7#c7 ,state implementation plans ,notwithstanding the deadline specified in section #aaj7;a77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaj7;a77#a771 not later than ,october #bf1 #bjbf1 each ,state shall submit to the ,administrator an implementation plan under that section with respect to the #bjae ozone standards4 7b7 ,certain preconstruction permits 7#a7 ,in general ,the #bjae ozone standards shall not apply to the review and disposition of a preconstruction permit application if-- 7,a7 the ,administrator or the ,state1 local1 or tribal permitting authority1 as applicable1 determines the application to be complete on or before the date of promulgation of final designations under subsection 7a77#b72 or 7,b7 the ,administrator or the ,state1 local1 or tribal permitting authority1 as applicable1 publishes a public notice of a preliminary determination or draft permit for the application before the date that is #fj days after the date of promulgation of the final designation of the relevant area under subsection 7a77#b74 7#b7 ,rules of ,construction ,nothing in this section-- 7,a7 eliminates the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emission rate technology1 as applicable2 or 7,b7 limits the authority of a ,state1 local1 or tribal permitting authority to impose more stringent emissions requirements pursuant to ,state1 local1 or tribal law than the ,federal national ambient air quality standards established by the ,administrator4 #d4 ,facilitating ,state implementation of national ambient air quality standards 7a7 ,consideration of technological feasibility ,section #aji7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji7;b77 is amended-- 7#a7 by striking 7b77#a7 ,national and inserting the following3 7b7 ,requirements 7#a7 ,in general 7,a7 ,public health ,national 2 and 7#b7 in paragraph 7#a77;,a7 7as so designated71 in the second sentence1 by striking ,such and inserting the following3 7,b7 ,technological feasibility ,if the ,administrator1 in consultation with the independent scientific review committee appointed under subsection 7d71 finds that a range of levels of air quality for an air pollutant are requisite to protect public health with an adequate margin of safety1 as described in subparagraph 7,a71 the ,administrator may consider1 as a secondary consideration1 likely technological feasibility in establishing and revising the national primary ambient air quality standard for the pollutant4 4 7b7 ,timeline for review of national ambient air quality standards 7#a7 #aj-,year cycle for all criteria air pollutants ,section #aji7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji7;d77 is amended-- 7,a7 in paragraph 7#a71 by striking five-year intervals and inserting #aj-year intervals2 and 7,b7 in paragraph 7#b77;,b71 by striking five-year intervals and inserting #aj-year intervals4 7#b7 ,cycle for next review of ozone criteria and standards ,notwithstanding section #aji7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji7;d771 the ,administrator shall not-- 7,a7 complete1 before ,october #bf1 #bjbe1 any review of the criteria for ozone published under section #ajh of that ,act 7#db ,u4,s4,c4 #gdjh7 or the national ambient air quality standard for ozone promulgated under section #aji of that ,act 7#db ,u4,s4,c4 #gdji72 or 7,b7 propose1 before ,october #bf1 #bjbe1 any revisions to those criteria or standards4 7c7 ,consideration of adverse public health1 welfare1 social1 economic1 or energy effects ,section #aji7;d77#b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji7;d77#b77 is amended by adding at the end the following3 7,d7 ,advice from scientific review committee ,before establishing or revising a national ambient air quality standard1 the ,administrator shall request1 and the scientific review committee appointed under subparagraph 7,a7 shall provide1 advice under subparagraph 7,c77iv7 regarding any adverse public health1 welfare1 social1 economic1 or energy effects which may result from various strategies for attainment and maintenance of the national ambient air quality standard4 4 7d7 ,timely issuance of implementing regulations and guidance ,section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji7 is amended by adding at the end the following3 7e7 ,timely issuance of implementing regulations and guidance 7#a7 ,definitions ,in this subsection3 7,a7 ,best available control technology ,the term best available control technology has the meaning given that term in section #afi4 7,b7 ,lowest achievable emission rate ,the term lowest achievable emission rate has the meaning given that term in section #aga4 7,c7 ,preconstruction permit 7i7 ,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 source4 7ii7 ,inclusion ,the term preconstruction permit includes any permit described in clause 7i7 issued by the ,administrator or a ,state1 local1 or tribal permitting authority4 7#b7 ,guidance for implementation ,in publishing any final rule establishing or revising a national ambient air quality standard1 the ,administrator shall1 as the ,administrator determines necessary to assist ,states1 permitting authorities1 and permit applicants1 concurrently publish final regulations and guidance for implementing the national ambient air quality standard1 including information relating to submission and consideration of a preconstruction permit application under the new or revised national ambient air quality standard4 7#c7 ,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 7#b7 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 standard1 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 guidance4 7#d7 ,rules of ,construction ,nothing in this subsection-- 7,a7 precludes the ,administrator from issuing regulations and guidance to assist ,states1 permitting authorities1 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 7#b72 7,b7 eliminates the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emission rate technology1 as applicable2 or 7,c7 limits the authority of a ,state1 local1 or tribal permitting authority to impose more stringent emissions requirements pursuant to ,state1 local1 or tribal law than the ,federal national ambient air quality standards established by the ,administrator4 4 7e7 ,contingency measures for extreme ozone nonattainment areas ,section #agb7;c77#i7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gejb7;c77#i77 is amended-- 7#a7 in the first sentence1 by striking ,such and inserting the following3 7,a7 ,specific measures ,a nonattainment 2 7#b7 in the second sentence1 by striking ,such measures and inserting the following3 7,b7 ,contingency measures ,the specific measures referred to in subparagraph 7,a7 2 and 7#c7 by adding at the end the following3 7,c7 ,extreme areas ,notwithstanding subparagraphs 7,a7 and 7,b7 and any other provision of this ,act1 the specific measures referred to in subparagraphs 7,a7 and 7,b7 shall not be required for any nonattainment area for ozone classified as an ,extreme ,area4 4 7f7 ,plan submissions and requirements for ozone nonattainment areas ,section #ahb of the ,clean ,air ,act 7#db ,u4,s4,c4 #geaa;a7 is amended-- 7#a7 in subsection 7b77#a77;,a77ii77,,iii71 by inserting and economic feasibility after technological achievability2 7#b7 in subsection 7c77#b77;,b77ii71 by inserting and economic feasibility after technological achievability2 and 7#c7 in subsection 7e7-- 7,a7 in the matter preceding paragraph 7#a71 by striking the second sentence and inserting ,paragraphs 7#f71 7#g71 and 7#h7 of subsection 7c7 7relating to de minimis rule and modification of sources7 shall not apply in the case of an ,extreme ,area4 2 and 7,b7 in paragraph 7#e71 in the matter preceding subparagraph 7,a71 by striking 1 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 7,b7 and inserting the following3 7#f7 ,references ,any reference to 4 7g7 ,plan revisions for milestones for particulate matter nonattainment areas ,section #ahi7;c77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #geac;a7c77#a77 is amended by inserting 1 which take into account technological achievability and economic feasibility1 after redesignated attainment4 7h7 ,exceptional events ,section #cai7;b77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfai7;b77#a77 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 ,exclusions ,in this subsection1 the term exceptional event does not include-- 7i7 ordinarily occurring stagnation of air masses2 7ii7 meteorological inversions2 or 7iii7 air pollution relating to source noncompliance4 4 7i7 ,report on emissions emanating from outside the ,united ,states ,not later than #b years after the date of enactment of this ,act1 the ,administrator1 in consultation with ,states1 shall submit to ,congress a report that describes-- 7#a7 the extent to which foreign sources of air pollution1 including emissions from sources located outside ,north ,america1 impact-- 7,a7 designations of areas 7or portions of areas7 as nonattainment1 attainment1 or unclassifiable under section #ajg7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjg7;d772 and 7,b7 attainment and maintenance of national ambient air quality standards2 7#b7 the procedures and timelines of the ,administrator for the disposition of petitions submitted under subsection 7b7 of section #agi;,b of the ,clean ,air ,act 7#db ,u4,s4,c4 #geji;a72 7#c7 the total number of petitions received by the ,administrator under that section 7#db ,u4,s4,c4 #geji;a7 and1 for each petition-- 7,a7 the date on which the petition was initially submitted to the ,administrator2 and 7,b7 the date of final disposition by the ,administrator2 and 7#d7 whether the ,administrator recommends any statutory changes to facilitate the more efficient review and disposition of petitions submitted under that section 7#db ,u4,s4,c4 #geji74