Sec. 6. Treatment of pending permits
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Section 165(b) of the Clean Air Act ( 42 U.S.C. 7475(b) ) is amended— by striking
(b)The demonstration and inserting the following: The demonstration ; and by adding at the end the following: The requirements of this section shall not apply to a new, expanded, or modified major emitting facility if, on the date on which a new national ambient air quality standard or maximum allowable increase is promulgated, the developer of a proposed major emitting facility has received a draft permit from the applicable permitting authority that demonstrates compliance with the applicable standard or maximum allowable increase in effect before the promulgation of the new national ambient air quality or maximum allowable increase. . Section 173 of the Clean Air Act ( 42 U.S.C. 7503 ) is amended— in subsection (a), in the matter preceding paragraph (1), by striking The permit program required by section 172(b)(6) and inserting Except as provided in subsection (f), the permit program required by section 172(c)(5) ; and by adding at the end the following: The requirements of this section shall not apply to a new or modified major source if, on the date on which a nonattainment area is first designated as in nonattainment with respect to a pollutant or on the date on which an area is reclassified, by operation of law or by another method, to a higher classification of nonattainment— the major source has received a draft permit from the applicable permitting authority that demonstrates compliance with the standards in effect on the day before that date; and the final permit is ultimately issued to the new or modified major source under the standards for which the draft permit was considered. Any subsequent modification to a major source described in paragraph
(1)that requires a new permit and is made after the applicable date described in that paragraph shall be subject to the standards applicable at the time of the request for the new permit. .
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