Sec. 2. Treatment of natural background levels and activity
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Section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) ) is amended by adding at the end the following: In determining whether an area meets national primary or secondary ambient air quality standards for a pollutant under this subsection, the Administrator shall not take into consideration any emissions of the pollutant that result from— prescribed fires or wildfires on public or private land, regardless of the cause of those fires; actions determined by the Governor to increase resilience to natural disasters; natural disasters; or naturally occurring events that cause an increase in the pollutant over the expected naturally occurring levels in a given year. .
Section 109 of the Clean Air Act ( 42 U.S.C. 7409 ) is amended by adding at the end the following: For national primary and secondary ambient air quality standards revised after the date of enactment of this subsection, if a revision of a standard by the Administrator would require a State to lower the emissions of a criteria pollutant in an area of that State below a level consistent with levels observed naturally in that area, as determined by the State, in an average year, the State shall not be required to lower the levels of that criteria pollutant below locally uncontrollable levels, including interstate, international, and local mobile emissions in areas that have implemented a basic vehicle emission inspection and maintenance program and clean-fuel vehicle program to comply with the requirements of section 182.
For national primary and secondary ambient air quality standards revised after the date of enactment of this subsection, the Administrator shall take into consideration— existing rates of compliance with previous national primary and secondary ambient air quality standards; technological feasibility of complying with the proposed national primary or secondary ambient air quality standard revision; and the costs of complying with the proposed national primary or secondary ambient air quality standard revision. .
Section 110(a) of the Clean Air Act ( 42 U.S.C. 7410(a) ) is amended by adding at the end the following: In developing or revising a State implementation plan under this section, the Governor of a State may— make a determination as to the quantity of a criteria pollutant that is created as a result of mobile sources traversing any area designated as a nonattainment area as a part of multi-region or interstate transport; and in addition to mitigation methods developed for an area designated as a nonattainment area for which a determination was made under subparagraph (A), develop methods for new major sources in the nonattainment area to mitigate or offset the quantity of mobile source pollution in the nonattainment area determined under subparagraph
(A)through the reduction of mobile source pollution outside of that nonattainment area. Not later than 2 years after the date of enactment of this paragraph, the Administrator, in consultation with the States, shall submit to Congress a report that describes— the extent to which foreign sources of air pollution, including emissions from sources located outside of North America, impact— the designation of areas (or portions of areas) as nonattainment, attainment, or unclassifiable under section 107(d); and the attainment and maintenance of national ambient air quality standards; the procedures and timelines of the Administrator for the disposition of petitions submitted under section 179B(b); the total number of petitions received by the Administrator under section 179B and, with respect to each petition— the date on which the petition was initially submitted to the Administrator; and the date of final disposition of the petition by the Administrator; and whether the Administrator recommends any statutory changes to facilitate— the more efficient review and disposition of petitions submitted under section 179B; and the ability to discount the emissions of foreign sources in calculating the emissions levels and attainment of an area. Not later than 3 years after the date of enactment of this paragraph, the Administrator, in consultation with the States, shall complete a rulemaking that details any additional flexibility that is to be provided to Governors of States in the creation of State implementation plans under this section with respect to the facilitation of the ability described in subparagraph (A)(iv)(II). .
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