S. 2825 — Introduced in Senate

II 115th CONGRESS 2d Session S. 2825 IN THE SENATE OF THE UNITED STATES May 10, 2018 Mr. Flake (for himself and Mr. McCain) 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 modify provisions relating to international border areas, marginal areas, and rural transport areas, and for other purposes. 1. Short title This Act may be cited as the Air Designation Actions in Areas of Pollutant Transport Act or the ADAAPT Act. 2. Amendments to the Clean Air Act (a) International border areas Section 179B of the Clean Air Act (42 U.S.C. 7509a) is amended— (1) in subsection (a)(1)— (A) by striking the Act and inserting this Act; and (B) by striking , and and inserting ; and; (2) in subsection (b), by striking section 181(a)(2) or (5) and inserting section 181(b)(2); (3) in subsection (c), by striking or (9); and (4) by adding at the end the following: (e) Action on demonstration Not later than 180 days after the date on which the Administrator receives a demonstration of attainment submitted by a State under subsection (b), (c), or (d), the Administrator shall approve or disapprove the demonstration. . (b) Marginal areas Section 182(a)(2) of the Clean Air Act (42 U.S.C. 7511a(a)(2)) is amended— (1) in the matter preceding subparagraph (A), by striking requirements— and inserting requirements:; and (2) in subparagraph (C)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (B) in the matter preceding subclause (I) (as so designated), by striking Within and inserting the following: (i) Revision Subject to clause (ii), not later than ; and (C) by adding at the end the following: (ii) Certain nonattainment areas (I) Applicability Section 173(a)(1) shall not apply to a revision submitted to the Administrator under clause (i) for a nonattainment area described in subclause (III). (II) Best available control technology With respect to a revision submitted to the Administrator under clause (i) for a nonattainment area described in subclause (III), a State may substitute the best available control technology (as defined in section 169) for the lowest achievable emission rate. (III) Nonattainment areas A nonattainment area described in this subclause is a nonattainment area— (aa) with an implementation plan or plan revision approved under section 179B(a); (bb) for which the Administrator has approved a demonstration of attainment for ozone under section 179B(b); or (cc) that is treated by the Administrator as a rural transport area (within the meaning of subsection (h)(2)). . (c) Rural transport areas Section 182(h) of the Clean Air Act (42 U.S.C. 7511a(h)) is amended— (1) in paragraph (1), by striking does not include and all that follows through , which area; and (2) by adding at the end the following: (3) Timeline Not later than 180 days after the date on which the Administrator receives a demonstration submitted by a State to secure treatment by the Administrator of an ozone nonattainment area in the State as a rural transport area (within the meaning of paragraph (2)), the Administrator shall— (A) approve or disapprove the demonstration; and (B) make, or decline to make, a finding under paragraph (2). .