,,ii #aafth ,,congress #ast ,session ,s4 #aigc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be1 #bjai,mr4 ,lee 7for himself and ,mr4 ,romney7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to require the ,administrator of the ,environmental ,protection ,agency to establish a program under which the ,administrator shall defer the designation of an area as a nonattainment area for purposes of the #h-;hour ozone national ambient air quality standard if the area achieves and maintains certain standards under a voluntary early action compact plan1 and for other purposes4 #a4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,early ,action ,compact ,program ,the term ,early ,action ,compact ,program means the program established under section #b7;a74 7#c7 ,episode ,the term episode is within the meaning of the term under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq474 7#d7 ,ozone standard ,the term ozone standard means the #h-;hour ozone standard national ambient air quality standard under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq474 7#e7 ,state implementation plan ,the term ,state implementation plan means a ,state or tribal implementation plan1 as those terms are used in the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq474 #b4 ,early ,action ,compact ,program 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall establish a program1 to be known as the ,early ,action ,compact ,program1 under which ,state1 local1 and ,tribal governments may develop early action compact plans designed to achieve and maintain the ozone standard4 7b7 ,notification 7#a7 ,in general ,to be eligible to participate in the ,early ,action ,compact ,program1 a ,state1 local1 or ,tribal government shall submit to the ,administrator-- 7,a7 on the date on which the applicable ,state submits to the ,administrator the nonattainment recommendations of the ,state1 a notice of the intent of the ,state1 local1 or ,tribal government to participate in the ,early ,action ,compact ,program2 and 7,b7 not later than #a year after the date on which the ,state1 local1 or ,tribal government submits the notice under subparagraph 7,a71 an early action compact plan in accordance with section #c4 7#b7 ,limitation on nonattainment status ,in the case of an area under the jurisdiction of a ,state1 local1 or ,tribal government that provides a notice under paragraph 7#a77;,a71 the ,administrator may not designate the area as a nonattainment area under section #ajg of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjg7 until after the ,administrator has issued a decision on an early action compact plan of the area under section #d4 7c7 ,minimum requirements ,the ,early ,action ,compact ,program shall include1 at a minimum1 provisions to ensure-- 7#a7 the use of best available science2 7#b7 participation by ,state1 local1 and ,tribal governments through locally crafted solutions2 7#c7 the voluntary development and implementation by the ,state1 local1 and ,tribal governments of early action compact plans2 7#d7 that if a ,state implementation plan is required due to designation of an area as a nonattainment area following the implementation of an early action compact plan in accordance with this section1 the ,administrator shall provide credit to applicable ,state1 local1 or ,tribal governments and industry participants for actions and investments carried out pursuant to the ,early ,action ,compact ,program toward ozone attainment2 and 7#e7 that1 in the case of the failure of an area to achieve ozone attainment1 the ,administrator shall defer designation of the area as a nonattainment area for ground-level ozone under section #ajg of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjg7 if that area-- 7,a7 is participating in the ,early ,action ,compact ,program2 and 7,b7 is an area in which an early action compact plan is being implemented to improve the air quality of the area4 #c4 ,early action compact plan requirements 7a7 ,in general ,subject to section #f1 an early action compact plan entered into under the ,early ,action ,compact ,program shall include-- 7#a7 general provisions to ensure-- 7,a7 public involvement in the development of the plan1 including-- 7i7 public comment on a proposed early action compact plan in accordance with the standard ,state implementation plan revision process as implemented by the applicable ,state2 and 7ii7 the provision to the public of information1 updates1 awareness1 and other opportunities for public involvement2 7,b7 that1 in the case of the failure of an area to achieve ozone attainment1 an area is credited under the standard ,state implementation plan process for all emission reductions that result from measures implemented under the early action compact plan for that area2 and 7,c7 that amendments to the early action compact plan accommodate adaptive approaches that reflect developing science1 monitoring1 and control mechanisms2 7#b7 measurable milestones1 including-- 7,a7 completion of emissions inventories and modeling using best available science and ,environmental ,protection ,agency modeling guidance and tools2 7,b7 adoption of control strategies that demonstrate attainment2 7,c7 if necessary1 completion and adoption of early action ,state implementation plan revisions2 7,d7 subject to subsection 7b7 and section #f7;b77#b77;,b71 attainment with the ozone standard 7including any applicable revised ozone standards that are finalized after the date on which the early action compact plan is approved by the ,administrator7 by not later than #aj years after the date on which the ,administrator approves the early action compact plan2 and 7,e7 a post-attainment plan2 7#c7 emissions inventories that-- 7,a7 use the most current tools available and will be completed for at least #a recent episode so as to support the early action compact plan2 and 7,b7 include-- 7i7 at least #a recent episode reflective of a typical ozone season exceedance that meets the episode selection guidance of the ,administrator to ensure that representative meteorological regimes are considered2 7ii7 baseline data to accurately measure ozone reductions of control measures implemented through the early action compact plan2 and 7iii7 continuing episode inventories-- 7,i7 to inform appropriate control measures2 and 7,,ii7 to improve understanding of emission trends and the contributors to ozone production in the area2 7#d7 modeling emissions inventories-- 7,a7 to develop ,state implementation plan quality modeling episodes that-- 7i7 perform within the margin of accuracy determined by the ,administrator based on best practices2 and 7ii7 include a base case and future case on or before the date of approval by the ,administrator of the early action compact plan2 and 7,b7 that sufficiently account for projected growth in ozone precursor emissions1 particularly from stationary1 nonroad1 and on-road mobile sources2 7#e7 continuing development of episodes to represent a variety of situations that contribute to ozone production in a manner that-- 7,a7 supports the early action compact plan2 7,b7 determines control strategies2 7,c7 demonstrates relative effectiveness of control measures2 and 7,d7 demonstrates attainment within the early action compact plan period2 7#f7 the applicable ,federal1 ,state1 local1 and ,tribal control strategies that-- 7,a7 demonstrate attainment not later than the attainment date of the early action compact plan2 7,b7 are designed and implemented by the community with full stakeholder participation2 7,c7 following the adoption of ,federal and ,state controls to be implemented by the attainment date of the early action compact1 identify local control strategies that are-- 7i7 specific2 7ii7 quantifiable2 7iii7 permanent2 and 7iv7 enforceable2 and 7,d7 shall be-- 7i7 incorporated by the applicable ,state or ,indian ,tribe into the ,state implementation plan2 and 7ii7 submitted to the ,administrator for approval2 and 7#g7 maintenance for growth provisions-- 7,a7 to address increases in emissions at least #e years beyond the attainment date of the early action compact plan to ensure the area remains in attainment of ozone standards2 and 7,b7 to require continuing planning processes1 including-- 7i7 modeling updates2 7ii7 identification of actual new point sources2 7iii7 impacts from growth2 and 7iv7 future transportation patterns and the impact on ozone levels4 7b7 ,effect of updated ozone standards 7#a7 ,revised plans 7,a7 ,in general ,in any case in which1 during the #aj-year effective period of an early action compact plan approved under this ,act1 the ,administrator finalizes a new1 updated1 or modified ozone standard that is applicable to the early action compact plan1 the affected ,state1 local1 or ,tribal government shall submit to the ,administrator1 by not later than #a year after the date of finalization of the new1 updated1 or modified ozone standard1 a revised early action compact plan that incorporates adjusted milestones to meet the new1 updated1 or modified ozone standard1 in accordance with paragraph 7#b74 7,b7 ,failure to submit ,if an affected ,state1 local1 or ,tribal government fails to submit to the ,administrator a revised early action compact plan by the applicable deadline under subparagraph 7,a71 the ,administrator shall withdraw approval of the early action compact plan4 7#b7 ,deadlines 7,a7 ,modification to ozone standards during initial #e-year period ,if the ,administrator finalizes a new1 updated1 or modified ozone standard that is applicable to an early action compact plan during the #e-year period beginning on the date of approval of the early action compact plan under section #d1 the revised early action compact plan under paragraph 7#a7 shall ensure achievement by the affected areas of attainment during the #aj-year period beginning on the date of approval of the original early action compact plan4 7,b7 ,modification to ozone standards during final period 7i7 ,definition of final period ,in this subparagraph1 the term final period1 with respect to an early action compact plan1 means the period-- 7,i7 beginning on the date that is #e years after the date of approval of the early action compact plan under section #d2 and 7,,ii7 ending on the date that is #aj years after that date of approval4 7ii7 ,requirement ,notwithstanding subsection 7a77#b77;,d71 if the ,administrator finalizes a new1 updated1 or modified ozone standard that is applicable to an early action compact plan during the final period of the early action compact plan1 the revised early action compact plan under paragraph 7#a7 shall ensure achievement by the affected areas of attainment during the #e-year period beginning on the date of submission of the revised early action compact plan4 #d4 ,decisions on early action compact plans 7a7 ,in general ,the ,administrator shall issue a decision on each early action compact plan or revised early action compact plan submitted to the ,administrator under this ,act by not later than #a year after the date on which the plan is submitted4 7b7 ,types of decisions ,in issuing a decision under this section1 the ,administrator shall-- 7#a7 approve the early action compact plan2 7#b7 deny the early action compact plan2 or 7#c7 in accordance with subsection 7c71 make specific suggestions to modify the early action compact plan4 7c7 ,modifications 7#a7 ,in general ,not later than #a year after the date on which a ,state1 local1 or ,tribal government receives suggestions from the ,administrator under subsection 7b77#c71 the ,state1 local1 or ,tribal government may submit to the ,administrator1 for approval in accordance with subsection 7b71 a modified early action compact plan that takes the suggestions of the ,administrator into consideration4 7#b7 ,limitation on nonattainment status ,in the case of a ,state1 local1 or ,tribal government that submits to the ,administrator a modified early action compact plan under paragraph 7#a71 the ,administrator may not designate the area subject to the early action compact plan as a nonattainment area under section #ajg of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjg7 until after the date on which the ,administrator issues a decision on the modified early action compact plan of the area under this section4 #e4 ,duties of ,administrator ,in carrying out the ,early ,action ,compact ,program1 the ,administrator shall-- 7#a7 recognize the commitment of each ,state1 local1 or ,tribal area to voluntarily adopt an early1 substantive1 enforceable1 and scientifically based attainment plan with early implementation of control measures by becoming a party to an early action compact plan developed in accordance with this ,act2 7#b7 provide technical assistance to ,states1 ,indian ,tribes1 and local areas in the development of early action compact plans2 7#c7 ensure prompt review and approval of submitted early action compact plans2 7#d7 in a case in which the ,administrator denies a submitted early action compact plan1 provide an explanation of the reason for denying the submitted early action compact plan2 7#e7 in the case of the failure of an area subject to an early action compact plan to achieve attainment status during the period for which the plan is in effect1 defer designation of the area as a nonattainment area until the expiration of that period if the area continues to meet the terms of the plan1 including any milestones established by the plan2 7#f7 expeditiously designate an area as an attainment area and impose no additional requirements other than the post-attainment plan if area monitors reflect attainment by not later than the early action compact plan attainment date2 and 7#g7 in the case of the failure of a participating area to comply with the ,early ,action ,compact ,program-- 7,a7 withdraw approval under this ,act of the early action compact plan of the area2 but 7,b7 provide reasonable opportunities for the area to cure deficiencies before withdrawing that approval4 #f4 ,winter ozone provisions 7a7 ,in general ,for each early action compact plan under this ,act1 the ,administrator shall establish requirements relating to winter ozone levels1 including timelines1 that are separate from1 but not more burdensome than1 the requirements otherwise established under this ,act4 7b7 ,regulations 7#a7 ,in general ,the ,administrator shall promulgate regulations-- 7,a7 to carry out the ,early ,action ,compact ,program2 and 7,b7 specifically to address and accommodate unique and complex occurrences of winter ozone in accordance with this section4 7#b7 ,requirements ,the regulations promulgated pursuant to paragraph 7#a7 shall provide-- 7,a7 sufficient timelines for the ,administrator and ,state1 local1 and ,tribal governments to conduct air shed inventories1 scientific research and studies necessary for the ,administrator and ,state1 local1 and ,tribal governments to identify winter ozone causes 7including precursors71 and take appropriate actions necessary-- 7i7 7,i7 to create accurate emissions inventories and carefully model winter ozone using the most current tools available2 and 7,,ii7 over a sufficient period of time1 comprehensively to identify the variety of situations that typically contribute to elevated winter ozone levels2 7ii7 7,i7 to fully analyze best available science and data to determine background ozone levels2 and 7,,ii7 to identify meteorological1 geographical1 and other factors leading to elevated winter ozone levels2 and 7iii7 to effectively identify1 develop1 and implement air pollution control strategies that the ,administrator and ,state1 local1 and ,tribal governments agree are the highest priority activities to reduce winter ozone levels2 and 7,b7 notwithstanding section #c7;a77#b77;,d71 given the complexities of winter ozone occurrences1 a minimum of #aj years after the date on which the ,administrator approves an early action compact plan for the reduction of winter ozone levels under the ,early ,action ,compact ,program4