,,ii #aahth ,,congress #b;d ,session ,s4 #chbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjbd,mr4 ,cassidy 7for himself and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,clean ,air ,act to revise the treatment of certain resilience actions and natural disasters1 to limit the issuance of new standards for criteria pollutants1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,modernizing ,clean ,air ,permitting ,act of #bjbd4 #b4 ,treatment of natural background levels and activity 7a7 ,treatment of natural background levels ,section #ajg7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjg7;d77 is amended by adding at the end the following3 7#h7 ,treatment of naturally occurring events1 wildfires1 and resilience actions ,in determining whether an area meets national primary or secondary ambient air quality standards for a pollutant under this subsection1 the ,administrator shall not take into consideration any emissions of the pollutant that result from-- 7,a7 prescribed fires or wildfires on public or private land1 regardless of the cause of those fires2 7,b7 actions determined by the ,governor to increase resilience to natural disasters2 7,c7 natural disasters2 or 7,d7 naturally occurring events that cause an increase in the pollutant over the expected naturally occurring levels in a given year4 4 7b7 ,existing compliance of previous standards ,section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji7 is amended by adding at the end the following3 7e7 ,revisions related to naturally occurring background levels ,for national primary and secondary ambient air quality standards revised after the date of enactment of this subsection1 if a revision of a standard by the ,administrator would require a ,state to lower the emissions of a criteria pollutant in an area of that ,state below a level consistent with levels observed naturally in that area1 as determined by the ,state1 in an average year1 the ,state shall not be required to lower the levels of that criteria pollutant below locally uncontrollable levels1 including interstate1 international1 and local mobile emissions in areas that have implemented a basic vehicle emission inspection and maintenance program and clean-fuel vehicle program to comply with the requirements of section #ahb4 7f7 ,existing compliance ,for national primary and secondary ambient air quality standards revised after the date of enactment of this subsection1 the ,administrator shall take into consideration-- 7#a7 existing rates of compliance with previous national primary and secondary ambient air quality standards2 7#b7 technological feasibility of complying with the proposed national primary or secondary ambient air quality standard revision2 and 7#c7 the costs of complying with the proposed national primary or secondary ambient air quality standard revision4 4 7c7 ,treatment of mobile sources ,section #aaj7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaj7;a77 is amended by adding at the end the following3 7#g7 ,treatment of mobile sources ,in developing or revising a ,state implementation plan under this section1 the ,governor of a ,state may-- 7,a7 make a determination as to the quantity of a criteria pollutant that is created as a result of mobile sources traversing any area designated as a nonattainment area as a part of multi-region or interstate transport2 and 7,b7 in addition to mitigation methods developed for an area designated as a nonattainment area for which a determination was made under subparagraph 7,a71 develop methods for new major sources in the nonattainment area to mitigate or offset the quantity of mobile source pollution in the nonattainment area determined under subparagraph 7,a7 through the reduction of mobile source pollution outside of that nonattainment area4 7#h7 ,treatment of international emissions 7,a7 ,in general ,not later than #b years after the date of enactment of this paragraph1 the ,administrator1 in consultation with the ,states1 shall submit to ,congress a report that describes-- 7i7 the extent to which foreign sources of air pollution1 including emissions from sources located outside of ,north ,america1 impact-- 7,i7 the designation of areas 7or portions of areas7 as nonattainment1 attainment1 or unclassifiable under section #ajg7;d72 and 7,,ii7 the attainment and maintenance of national ambient air quality standards2 7ii7 the procedures and timelines of the ,administrator for the disposition of petitions submitted under section #agi;,b7b72 7iii7 the total number of petitions received by the ,administrator under section #agi;,b and1 with respect to each petition-- 7,i7 the date on which the petition was initially submitted to the ,administrator2 and 7,,ii7 the date of final disposition of the petition by the ,administrator2 and 7iv7 whether the ,administrator recommends any statutory changes to facilitate-- 7,i7 the more efficient review and disposition of petitions submitted under section #agi;,b2 and 7,,ii7 the ability to discount the emissions of foreign sources in calculating the emissions levels and attainment of an area4 7,b7 ,rulemaking required ,not later than #c years after the date of enactment of this paragraph1 the ,administrator1 in consultation with the ,states1 shall complete a rulemaking that details any additional flexibility that is to be provided to ,governors of ,states in the creation of ,state implementation plans under this section with respect to the facilitation of the ability described in subparagraph 7,a77iv77,,ii74 4 #c4 ,review and revision criteria for applicable standards ,section #aji7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji7;d77 is amended by adding at the end the following3 7#c7 7,a7 ,notwithstanding paragraph 7#a71 the ,administrator may not issue new standards relating to a criteria pollutant if more than #ae percent of total air quality control regions that were in nonattainment for that criteria pollutant as a result of a previous revision of standards still remain in nonattainment4 7,b7 ,if fewer than #ae percent of the total number of air quality control regions initially in nonattainment for a criteria pollutant remain in nonattainment for that criteria pollutant1 the ,administrator may issue new standards relating to that criteria pollutant4 4 #d4 ,reclassification of major sources as area sources ,section #aab of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7 is amended by adding at the end the following3 7t7 ,reclassification of major sources as area sources 7#a7 ,in general ,at any time that a stationary source demonstrates to the ,administrator that the actual or potential emissions of hazardous air pollutants of a major source fall below the standards described in subsection 7a77#a7 for a period of #f consecutive months1 the ,administrator shall reclassify the major source as an area source under this section4 7#b7 ,requirements ,beginning on the date of a reclassification of a major source as an area source under paragraph 7#a7-- 7,a7 any requirements previously applicable to the reclassified source under a major source standard under this section shall no longer apply to that reclassified source2 7,b7 the requirements of any applicable area source standard under this section shall apply to that reclassified source2 and 7,c7 the owner or operator of the reclassified source shall annually supply monitoring data of the reclassified source to reconfirm the reclassification4 4 #e4 ,standards of performance for new stationary sources 7a7 ,in general ,section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 in the first sentence1 by inserting and subject to subparagraph 7,c7 after subparagraph 7,a72 and 7ii7 by adding at the end the following3 7,c7 ,limitation ,the ,administrator may not establish a new ,federal standard of performance for a new source until such time as the technology proposed to serve as the best system of emission reduction under the proposed new standard of performance-- 7i7 represents not less than #e percent of the deployed systems already in use at the time the new standard of performance is proposed2 and 7ii7 has been demonstrated to fully achieve the emission standards of the proposed standard of performance4 2 and 7,b7 in paragraph 7#f71 by striking subsection 7a77#a77;,a77i7 and 7ii7 and inserting subsection 7a77#a72 7#b7 in subsection 7d71 by adding at the end the following3 7#c7 ,limitation of authority ,in prescribing regulations under paragraph 7#a7 and otherwise carrying out this subsection1 the ,administrator may not direct a ,state-- 7,a7 to establish standards of performance for any air pollutants at a location that is not the location of an existing source2 or 7,b7 to meet any specific substantive emissions criteria established by the ,administrator other than for a criteria air pollutant4 2 and 7#c7 by adding at the end the following3 7k7 ,treatment of modifications 7#a7 ,in general ,for purposes of this section but subject to paragraphs 7#b7 and 7#c71 a modification shall be considered to be a new source only if-- 7,a7 the modification expands the capacity or production capability of the source2 and 7,b7 the maximum hourly emission rate of an air pollutant that is achievable by such source after the change is higher than the maximum hourly emission rate of such air pollutant that was achievable by such source during any hour in the #aj-year period immediately preceding the change4 7#b7 ,exceptions ,if a modification expands the capacity or production capability of a source1 the modification shall not be considered to be a new source for purposes of this section if the modification is designed-- 7,a7 to reduce any air pollutant emitted by the source per unit of production2 7,b7 to reduce any greenhouse gas emitted by the source per unit of production2 or 7,c7 to enhance or restore the safety or reliability of operations at the source4 7#c7 ,application of exceptions ,a modification that meets an exception described in paragraph 7#b7 shall not be considered to be a modification for purposes of-- 7,a7 the term construction 7as defined in section #afi7b77 or any provision that uses that term2 or 7,b7 the term modification 7as defined in section #aga7 or any provision that uses that term4 7l7 ,treatment of offsets ,a proposed new source shall be exempt from the requirements of a proposed new source in an area designated as in nonattainment if the proposed new source emits not more than #j4e percent of the periodic emissions inventory of the criteria pollutant for the area within which the proposed new source will be located4 4 7b7 ,rule of construction ,the amendments made by subsection 7a7 shall not treat any change as a modification for purposes of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 if such change would not have been so treated as of the day before the date of enactment of this ,act4 #f4 ,treatment of pending permits 7a7 ,preconstruction requirements ,section #afe7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdge7;b77 is amended-- 7#a7 by striking 7b7 ,the demonstration and inserting the following3 7b7 ,exceptions 7#a7 ,maximum allowable increases ,the demonstration 2 and 7#b7 by adding at the end the following3 7#b7 ,pending draft permits ,the requirements of this section shall not apply to a new1 expanded1 or modified major emitting facility if1 on the date on which a new national ambient air quality standard or maximum allowable increase is promulgated1 the developer of a proposed major emitting facility has received a draft permit from the applicable permitting authority that demonstrates compliance with the applicable standard or maximum allowable increase in effect before the promulgation of the new national ambient air quality or maximum allowable increase4 4 7b7 ,permit requirements ,section #agc of the ,clean ,air ,act 7#db ,u4,s4,c4 #gejc7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking ,the permit program required by section #agb7;b77#f7 and inserting ,except as provided in subsection 7f71 the permit program required by section #agb7;c77#e72 and 7#b7 by adding at the end the following3 7f7 ,pending draft permits 7#a7 ,in general ,the requirements of this section shall not apply to a new or modified major source if1 on the date on which a nonattainment area is first designated as in nonattainment with respect to a pollutant or on the date on which an area is reclassified1 by operation of law or by another method1 to a higher classification of nonattainment-- 7,a7 the major source has received a draft permit from the applicable permitting authority that demonstrates compliance with the standards in effect on the day before that date2 and 7,b7 the final permit is ultimately issued to the new or modified major source under the standards for which the draft permit was considered4 7#b7 ,applicability ,any subsequent modification to a major source described in paragraph 7#a7 that requires a new permit and is made after the applicable date described in that paragraph shall be subject to the standards applicable at the time of the request for the new permit4 4