Sec. 4. Facilitating State implementation of national ambient air quality standards

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 109(b) of the Clean Air Act ( 42 U.S.C. 7409(b) ) is amended— by striking (b)(1) National and inserting the following: National ; and in paragraph (1)(A) (as so designated), in the second sentence, by striking Such and inserting 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 subparagraph (A), the Administrator may consider, as a secondary consideration, likely technological feasibility in establishing and revising the national primary ambient air quality standard for the pollutant. .

Section 109(d) of the Clean Air Act ( 42 U.S.C. 7409(d) ) is amended— in paragraph (1), by striking five-year intervals and inserting 10-year intervals ; and in paragraph (2)(B), by striking five-year intervals 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 that Act ( 42 U.S.C. 7408 ) or the national ambient air quality standard for ozone promulgated under section 109 of that Act ( 42 U.S.C. 7409 ); or propose, before October 26, 2025, any revisions to those criteria or standards.

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: Before establishing or revising a national ambient air quality standard, the Administrator shall request, and the scientific review committee appointed under subparagraph

(A)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 the 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 this subsection: The term best available control technology has the meaning given that term in section 169. The term lowest achievable emission rate has the meaning given that term in section 171. The term preconstruction permit means a permit that is required under part C or D for the construction or modification of a major emitting facility or major stationary source. The term preconstruction permit includes any permit described in clause

(i)issued by the Administrator or a State, local, or tribal permitting authority. 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 final regulations and guidance for implementing the national ambient air quality standard, including information relating to submission and consideration of a preconstruction permit application under the new or revised national ambient air quality standard. If the Administrator fails to publish the final regulations and guidance referred to in paragraph

(2)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 the national ambient air quality standard, the new or revised national ambient air quality standard shall not apply to the review and disposition of a preconstruction permit application until the date on which the Administrator publishes the final regulations and guidance. Nothing in this subsection— precludes the Administrator from issuing regulations and guidance to assist States, permitting authorities, and permit applicants in implementing a national ambient air quality standard after the publication of final regulations and guidance for the national ambient air quality standard under paragraph (2); 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. . Section 172(c)(9) of the Clean Air Act ( 42 U.S.C. 7502(c)(9) ) is amended— in the first sentence, by striking Such and inserting the following: A nonattainment ; in the second sentence, by striking Such measures and inserting the following: The specific measures referred to in subparagraph

(A); and by adding at the end the following: Notwithstanding subparagraphs

(A)and

(B)and any other provision of this Act, the specific measures referred to in subparagraphs

(A)and

(B)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 ; and in subsection (e)— in the matter preceding paragraph (1), by striking the second sentence and inserting Paragraphs (6), (7), and

(8)of subsection

(c)(relating to de minimis rule and modification of sources) shall not apply in the case of an Extreme Area. ; and in paragraph (5), in the matter preceding subparagraph (A), by striking , if the State demonstrates to the satisfaction of the Administrator that— and all that follows through Any reference to in the last sentence of the undesignated matter following subparagraph

(B)and inserting the following: Any reference to . 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, after redesignated attainment . Section 319(b)(1) of the Clean Air Act ( 42 U.S.C. 7619(b)(1) ) is amended by striking subparagraph

(B)and inserting the following: In this subsection, the term exceptional event does not include— ordinarily occurring stagnation of air masses; meteorological inversions; or air pollution relating to source noncompliance. . Not later than 2 years after the date of enactment of this Act, the Administrator, in consultation with States, shall submit to Congress a report that describes— the extent to which foreign sources of air pollution, including emissions from sources located outside North America, impact— designations of areas (or portions of areas) 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 procedures and timelines of the Administrator for the disposition of petitions submitted under subsection

(b)of section 179B of the Clean Air Act ( 42 U.S.C. 7509a ); the total number of petitions received by the Administrator under that section ( 42 U.S.C. 7509a ) and, for each petition— the date on which the petition was initially submitted to the Administrator; and the date of final disposition by the Administrator; and whether the Administrator recommends any statutory changes to facilitate the more efficient review and disposition of petitions submitted under that section ( 42 U.S.C. 7509 ).

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