Sec. 3. Facilitating State implementation of existing ozone standards
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/bill/114/s/2882/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding the deadline specified in paragraph (1)(A) of section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) ), not later than October 26, 2024, the Governor of each State shall designate in accordance with that section all areas (or portions of areas) of the State as attainment, nonattainment, or unclassifiable with respect to the 2015 ozone standards. Notwithstanding the deadline specified in paragraph (1)(B) of section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) ), not later than October 26, 2025, the Administrator shall promulgate a final designation under that section for all areas in all States with respect to the 2015 ozone standards, including any modifications to the designations submitted under paragraph (1).
Notwithstanding the deadline specified in section 110(a)(1) of the Clean Air Act ( 42 U.S.C. 7410(a)(1) ), not later than October 26, 2026, each State shall submit to the Administrator an implementation plan under that section with respect to the 2015 ozone standards. The 2015 ozone standards shall not apply to the review and disposition of a preconstruction permit application if— the Administrator or the State, local, or tribal permitting authority, as applicable, determines the application to be complete on or before the date of promulgation of final designations under subsection (a)(2); or the Administrator or the State, local, or tribal permitting authority, as applicable, publishes a public notice of a preliminary determination or draft permit for the application before the date that is 60 days after the date of promulgation of the final designation of the relevant area under subsection (a)(2).
Nothing in this section— eliminates the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emission rate technology, as applicable; or limits the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than the Federal national ambient air quality standards established by the Administrator.
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