[Pages S360-S361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3062. Mrs. CAPITO submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

     SEC. _002. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Best available control technology.--The term ``best 
     available control technology'' has the meaning given the term 
     in section 169 of the Clean Air Act (42 U.S.C. 7479).
       (3) Lowest achievable emission rate.--The term ``lowest 
     achievable emission rate'' has the meaning given the term in 
     section 171 of the Clean Air Act (42 U.S.C. 7501).
       (4) Major emitting facility; major stationary source.--The 
     terms ``major emitting facility'' and ``major stationary 
     source'' have the meaning given those terms in section 302 of 
     the Clean Air Act (42 U.S.C. 7602).
       (5) National ambient air quality standard.--The term 
     ``national ambient air quality standard'' means a national 
     ambient air quality standard for an air pollutant under 
     section 109 of the Clean Air Act (42 U.S.C. 7409) that is 
     finalized on or after the date of enactment of this Act.
       (6) Preconstruction permit.--
       (A) In general.--The term ``preconstruction permit'' means 
     a permit that is required under part C or D of title I of the 
     Clean Air Act (42 U.S.C. 7470 et seq.) for the construction 
     or modification of a major emitting facility or major 
     stationary source.
       (B) Inclusions.--The term ``preconstruction permit'' 
     includes any permit described in subparagraph (A) that is 
     issued by--
       (i) the Environmental Protection Agency; or
       (ii) a State, local, or tribal permitting authority.
       (7) RACT/BACT/LAER clearinghouse database.--The term 
     ``RACT/BACT/LAER Clearinghouse database'' means the central 
     database of air pollution technology information that is 
     posted on the Internet website of the Environmental 
     Protection Agency.

     SEC. _003. BUILDING AND MANUFACTURING PROJECTS DASHBOARD.

       (a) In General.--For fiscal year 2008 and each fiscal year 
     thereafter, the Administrator shall publish in a readily 
     accessible location on the Internet website of the 
     Environmental Protection Agency an estimate by the 
     Administrator of, with respect to the applicable fiscal 
     year--
       (1) the total number of preconstruction permits issued by 
     the Environmental Protection Agency;
       (2) the percentage of those preconstruction permits issued 
     by the date that is 1 year after the date of filing of 
     completed applications for the permits; and
       (3) the average length of time required for the 
     Environmental Appeals Board of the Environmental Protection 
     Agency to issue a final decision regarding petitions 
     appealing

[[Page S361]]

     decisions to grant or deny a preconstruction permit 
     application.
       (b) Initial Publication; Updates.--The Administrator 
     shall--
       (1) make the publication required by subsection (a) for 
     fiscal years 2008 through 2014 by not later than 60 days 
     after the date of enactment of this Act; and
       (2) update that publication not less frequently than 
     annually.
       (c) Sources of Information.--
       (1) Fiscal years 2008 through 2014.--In carrying out this 
     section with respect to the information required to be 
     published for fiscal years 2008 through 2014, the estimates 
     of the Administrator shall be based on information in the 
     possession of the Administrator as of the date of enactment 
     of this Act, including information in the RACT/BACT/LAER 
     Clearinghouse database.
       (2) No requirement to collect additional information.--
     Nothing in this section requires the Administrator to seek or 
     collect any information in addition to the information that 
     is voluntarily provided by States and local air agencies for 
     the RACT/BACT/LAER Clearinghouse database with respect to the 
     information required to be published under this section for 
     any fiscal year.

     SEC. _004. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO 
                   ADDRESS NEW OR REVISED NATIONAL AMBIENT AIR 
                   QUALITY STANDARDS IN PRECONSTRUCTION 
                   PERMITTING.

       (a) Proposed Regulations.--In publishing any final rule 
     establishing or revising a national ambient air quality 
     standard, the Administrator shall, as the Administrator 
     determines to be necessary and appropriate to assist States, 
     permitting authorities, and permit applicants, concurrently 
     publish proposed 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.
       (b) Applicability of Standard to Preconstruction 
     Permitting.--A new or revised national ambient air quality 
     standard shall not apply to the review and disposition of a 
     preconstruction permit application until the Administrator 
     publishes final implementation regulations and guidance that 
     include information relating to submission and consideration 
     of a preconstruction permit application under the standard.
       (c) Effect of Section.--
       (1) In general.--After publishing regulations and guidance 
     for implementing national ambient air quality standards under 
     subsection (a), nothing in this section precludes the 
     Administrator from issuing subsequent regulations or guidance 
     to assist States and facilities in implementing those 
     standards.
       (2) Requirements of applicants.--Nothing in this section 
     eliminates the obligation of a preconstruction permit 
     applicant to install best available control technology and 
     lowest achievable emission rate technology, as applicable.
       (3) State, local, and tribal authority.--Nothing in this 
     section limits the authority of a State, local, or tribal 
     permitting authority to impose emission requirements pursuant 
     to State, local, or tribal law that are more stringent than 
     the applicable Federal national ambient air quality standards 
     established by the Environmental Protection Agency.

     SEC. _005. REPORT TO CONGRESS REGARDING ACTIONS TO EXPEDITE 
                   REVIEW OF PRECONSTRUCTION PERMITS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator shall submit to Congress a report that, with 
     respect to the period covered by the report--
       (1) identifies the activities carried out by the 
     Environmental Protection Agency to increase the efficiency of 
     the preconstruction permitting process;
       (2) identifies the specific reasons for delays in issuing--
       (A) preconstruction permits required under part C of the 
     Clean Air Act (42 U.S.C. 7470 et seq.) beyond the 1-year 
     deadline mandated by section 165(c) of that Act (42 U.S.C. 
     7475(c)); or
       (B) preconstruction permits required under part D of the 
     Clean Air Act (42 U.S.C. 7501 et seq.) beyond the 1-year 
     period beginning on the date on which the permit application 
     is determined to be complete;
       (3) describes the means by which the Administrator is 
     resolving--
       (A) delays in making completeness determinations for 
     preconstruction permit applications; and
       (B) processing delays for preconstruction permits, 
     including any increases in communication with State and local 
     permitting authorities; and
       (4) summarizes and responds to public comments received 
     under subsection (b) concerning the report.
       (b) Public Comment.--Before submitting a report required by 
     subsection (a), the Administrator shall--
       (1) publish on the Internet website of the Environmental 
     Protection Agency a draft of the report; and
       (2) provide to the public a period of not less than 30 days 
     to submit comments regarding the draft report.
       (c) Sources of Information.--Nothing in this section 
     compels the Environmental Protection Agency to seek or 
     collect any information in addition to the information that 
     is voluntarily provided by States and local air agencies for 
     the RACT/BACT/LAER Clearinghouse database.
                                 ______