Sec. 802. Extending compliance for NAAQS attainment for downwind States
689 words·~3 min read·
/bill/113/hr/3895/ih/section-802A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 181 of the Clean Air Act ( 42 U.S.C. 7511 ) is amended by adding at the end the following: In this subsection: The term upwind area means an area that— affects nonattainment in another area (in this subsection referred to as the downwind area ); and is either— a nonattainment area with a later attainment date than the downwind area; or an area in another State that the Administrator has found to be significantly contributing to nonattainment in the downwind area in violation of section 110(a)(2)(D) and for which the Administrator has established requirements through notice and comment rulemaking to reduce the emissions causing such significant contribution.
The term current classification means the classification of a downwind area under this section at the time of the determination under paragraph (2). Notwithstanding subsection (b)(2), a downwind area that is not in attainment within 18 months of the attainment deadline required under this section may seek an extension of time to come into attainment by petitioning the Administrator for such an extension. If the Administrator— determines that the area is a downwind area with respect to a particular national ambient air quality standard for ozone; approves a plan revision for such area as provided in paragraph
(3)prior to a reclassification under subsection (b)(2)(A); and determines that the petitioning downwind area has demonstrated that it is affected by transport from an upwind area to a degree that affects the area’s ability to attain, the Administrator, in lieu of such reclassification, may extend the attainment date for such downwind area for such standard in accordance with paragraph (5). In order to extend the attainment date for a downwind area under this subsection, the Administrator may approve a revision of the applicable implementation plan for the downwind area for the national ambient air quality standard that— complies with all requirements of this Act applicable under the current classification of the downwind area, including any requirements applicable to the area under section 172(c) for such standard; includes any additional measures needed to demonstrate attainment by the extended attainment date provided under this subsection, and provides for implementation of those measures as expeditiously as practicable; and provides appropriate measures to ensure that no area downwind of the area receiving the extended attainment date will be affected by transport to a degree that affects the other area’s ability to attain. If, after April 1, 2003, and prior to the time the 1-hour ozone standard no longer applies to a downwind area, the Administrator made a reclassification determination under subsection (b)(2)(A) for such downwind area, and the Administrator approves a plan consistent with subparagraphs
(A)and
(B)for such area, the reclassification shall be withdrawn and, for purposes of implementing the 8-hour ozone national ambient air quality standard, the area shall be treated as if the reclassification never occurred. Such plan must be submitted no later than 12 months following enactment of this subsection, and— the plan revision for the downwind area must comply with all control and planning requirements of this Act applicable under the classification that applied immediately prior to reclassification, including any requirements applicable to the area under section 172(c) for such standard; and the plan must include any additional measures needed to demonstrate attainment no later than the date on which the last reductions in pollution transport that have been found by the Administrator to significantly contribute to nonattainment are required to be achieved by the upwind area or areas. The attainment date extended under this subsection shall provide for attainment of such national ambient air quality standard for ozone in the downwind area as expeditiously as practicable but no later than the new date that the area would have been subject to had it been reclassified under subsection (b)(2). Within 12 months after the enactment of this subsection, the Administrator shall, after notice and comment, promulgate rules to determine, for purposes of paragraphs
(2)and (3), when an area is affected by transport to a degree that affects the area’s ability to attain. The purpose of such rules shall be to ensure that downwind areas are not unjustly penalized. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 802
Extending compliance for NAAQS attainment for downwind States
Cites 1Cited by 0 across 0 sources