Sec. 4. Applicability of sanctions and fees if emissions beyond control
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/bill/115/hr/806/rh/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Clean Air Act ( 42 U.S.C. 7401 et seq.) is amended by inserting after section 179B the following new section: Notwithstanding any other provision of this Act, with respect to any nonattainment area that is classified under section 181 as severe or extreme for ozone or under section 188 as serious for particulate matter, no sanction or fee under section 179 or 185 shall apply with respect to a State (or a local government or source therein) on the basis of a deficiency described in section 179(a), or the State’s failure to attain a national ambient air quality standard for ozone or particulate matter by the applicable attainment date, if the State demonstrates that the State would have avoided such deficiency or attained such standard but for one or more of the following:
Emissions emanating from outside the nonattainment area. Emissions from an exceptional event (as defined in section 319(b)(1)). Emissions from mobile sources to the extent the State demonstrates that— such emissions are beyond the control of the State to reduce or eliminate; and the State is fully implementing such measures as are within the authority of the State to control emissions from the mobile sources. The inapplicability of sanctions or fees with respect to a State pursuant to subsection
(a)does not affect the obligation of the State (and local governments and sources therein) under other provisions of this Act to establish and implement measures to attain a national ambient air quality standard for ozone or particulate matter. For subsection
(a)to continue to apply with respect to a State or local government (or source therein), the State involved shall renew the demonstration required by subsection
(a)at least once every 5 years. .
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Sec. 4
Applicability of sanctions and fees if emissions beyond control
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