Sec. 3. Facilitating State implementation of national ambient air quality standards

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Paragraphs

(1)and (2)(B) of section 109(d) of the Clean Air Act ( 42 U.S.C. 7409(d) ) are amended by striking five-year intervals each place it appears and inserting 10-year intervals . Notwithstanding section 109(d) of the Clean Air Act ( 42 U.S.C. 7409(d) ), the Administrator shall not— complete, before October 26, 2025, any review of the criteria for ozone published under section 108 of such Act ( 42 U.S.C. 7408 ) or the national ambient air quality standard for ozone promulgated under section 109 of such Act ( 42 U.S.C. 7409 ); or propose, before such date, any revisions to such criteria or standard. Section 109(b)(1) of the Clean Air Act ( 42 U.S.C. 7409(b)(1) ) is amended by inserting after the first sentence the following: If the Administrator, in consultation with the independent scientific review committee appointed under subsection (d), finds that a range of levels of air quality for an air pollutant are requisite to protect public health with an adequate margin of safety, as described in the preceding sentence, the Administrator may consider, as a secondary consideration, likely technological feasibility in establishing and revising the national primary ambient air quality standard for such pollutant. . Section 109(d)(2) of the Clean Air Act ( 42 U.S.C. 7409(d)(2) ) is amended by adding at the end the following: Prior to establishing or revising a national ambient air quality standard, the Administrator shall request, and such committee shall provide, advice under subparagraph (C)(iv) regarding any adverse public health, welfare, social, economic, or energy effects which may result from various strategies for attainment and maintenance of such national ambient air quality standard. . Section 109 of the Clean Air Act ( 42 U.S.C. 7409 ) is amended by adding at the end the following: In publishing any final rule establishing or revising a national ambient air quality standard, the Administrator shall, as the Administrator determines necessary to assist States, permitting authorities, and permit applicants, concurrently publish regulations and guidance for implementing the standard, including information relating to submission and consideration of a preconstruction permit application under the new or revised standard. If the Administrator fails to publish final regulations and guidance that include information relating to submission and consideration of a preconstruction permit application under a new or revised national ambient air quality standard concurrently with such standard, then such standard shall not apply to the review and disposition of a preconstruction permit application until the Administrator has published such final regulations and guidance. Nothing in this subsection shall be construed to preclude the Administrator from issuing regulations and guidance to assist States, permitting authorities, and permit applicants in implementing a national ambient air quality standard subsequent to publishing regulations and guidance for such standard under paragraph (1). Nothing in this subsection shall be construed to eliminate the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emission rate technology, as applicable. Nothing in this subsection shall be construed to limit the authority of a State, local, or Tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or Tribal law than national ambient air quality standards. In this subsection: The term best available control technology has the meaning given to that term in section 169(3). The term lowest achievable emission rate has the meaning given to that term in section 171(3). The term preconstruction permit — means a permit that is required under this title for the construction or modification of a stationary source; and includes any such permit issued by the Environmental Protection Agency or a State, local, or Tribal permitting authority. . Section 172(c)(9) of the Clean Air Act ( 42 U.S.C. 7502(c)(9) ) is amended by adding at the end the following: Notwithstanding the preceding sentences and any other provision of this Act, such measures shall not be required for any nonattainment area for ozone classified as an Extreme Area. . Section 182 of the Clean Air Act ( 42 U.S.C. 7511a ) is amended— in subsection (b)(1)(A)(ii)(III), by inserting and economic feasibility after technological achievability ; in subsection (c)(2)(B)(ii), by inserting and economic feasibility after technological achievability ; in subsection (e), in the matter preceding paragraph (1)— by striking The provisions of clause

(ii)of subsection (c)(2)(B) (relating to reductions of less than 3 percent), the provisions of paragaphs and inserting The provisions of paragraphs ; and by striking , and the provisions of clause

(ii)of subsection (b)(1)(A) (relating to reductions of less than 15 percent) ; and in paragraph

(5)of subsection (e), by striking , if the State demonstrates to the satisfaction of the Administrator that— and all that follows through the end of the paragraph and inserting a period. Section 189(c)(1) of the Clean Air Act ( 42 U.S.C. 7513a(c)(1) ) is amended by inserting , which take into account technological achievability and economic feasibility, before and which demonstrate reasonable further progress . Section 319(b)(1)(B) of the Clean Air Act ( 42 U.S.C. 7619(b)(1)(B) ) is amended— in clause (i)— by striking

(i)stagnation of air masses or and inserting (i)(I) ordinarily occurring stagnation of air masses or

(II); and by inserting or after the semicolon; by striking clause (ii); and by redesignating clause

(iii)as clause (ii). Not later than 24 months after the date of enactment of this Act, the Administrator, in consultation with States, shall submit to the Congress a report on— the extent to which foreign sources of air pollution, including emissions from sources located outside North America, impact— designations of areas (or portions thereof) as nonattainment, attainment, or unclassifiable under section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) ); and attainment and maintenance of national ambient air quality standards; the Environmental Protection Agency’s procedures and timelines for disposing of petitions submitted pursuant to section 179B(b) of the Clean Air Act ( 42 U.S.C. 7509a(b) ); the total number of petitions received by the Agency pursuant to such section 179B(b), and for each such petition the date initially submitted and the date of final disposition by the Agency; and whether the Administrator recommends any statutory changes to facilitate the more efficient review and disposition of petitions submitted pursuant to such section 179B(b). The Administrator, in consultation with States and the National Oceanic and Atmospheric Administration, shall conduct a study on the atmospheric formation of ozone and effective control strategies, including— the relative contribution of man-made and naturally occurring nitrogen oxides, volatile organic compounds, and other pollutants in ozone formation in urban and rural areas, including during wildfires, and the most cost-effective control strategies to reduce ozone; and the science of wintertime ozone formation, including photochemical modeling of wintertime ozone formation, and approaches to cost-effectively reduce wintertime ozone levels. The Administrator shall have the study peer reviewed by an independent panel of experts in accordance with the requirements applicable to a highly influential scientific assessment. The Administrator shall submit to Congress a report describing the results of the study, including the findings of the peer review panel. The Administrator shall incorporate the results of the study, including the findings of the peer review panel, into any Federal rules and guidance implementing the 2015 ozone standards.

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Sec. 3

Facilitating State implementation of national ambient air quality standards

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