[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7650 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7650
To facilitate efficient State implementation of national ambient air
quality standards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2024
Mr. Carter of Georgia (for himself, Mr. Guthrie, Mr. Weber of Texas,
Mr. Valadao, Mr. Joyce of Pennsylvania, Mr. Allen, Mr. Pence, Mrs.
Harshbarger, Mr. Newhouse, Mr. Crenshaw, Mr. Barr, Mr. Obernolte, Mr.
Pfluger, Mr. Balderson, and Mr. Latta) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To facilitate efficient State implementation of national ambient air
quality standards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Quality Standards Implementation
Act of 2024''.
SEC. 2. FACILITATING STATE IMPLEMENTATION OF NATIONAL AMBIENT AIR
QUALITY STANDARDS.
(a) Timeline for Review of National Ambient Air Quality
Standards.--Paragraphs (1) and (2)(B) of section 109(d) of the Clean
Air Act (42 U.S.C. 7409(d)) are amended by striking ``five-year
intervals'' each place it appears and inserting ``10-year intervals''.
(b) Consideration of Attainability.--Section 109(b)(1) of the Clean
Air Act (42 U.S.C. 7409(b)(1)) is amended by inserting after the first
sentence 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 the preceding sentence, the Administrator may,
as a secondary consideration in establishing and revising the national
primary ambient air quality standard for such air pollutant, consider
likely attainability of the standard.''.
(c) Composition of Independent Scientific Review Committee.--
Section 109(d)(2)(A) of the Clean Air Act (42 U.S.C. 7409(d)(2)(A)) is
amended--
(1) by striking ``one person representing State air
pollution control agencies'' and inserting ``three persons
representing State air pollution control agencies''; and
(2) by adding at the end the following: ``The persons
representing State air pollution control agencies shall be from
geographically diverse areas with at least one person
representing a State located in Region 1, 2, 3, or 5 of the
Environmental Protection Agency, one person representing a
State located in Region 4, 6, or 7 of the Environmental
Protection Agency, and one person representing a State located
in Region 8, 9, or 10 of the Environmental Protection
Agency.''.
(d) Consideration of Adverse Public Health, Welfare, Social,
Economic, or Energy Effects.--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:
``(D) Prior to establishing or revising a national ambient air
quality standard, the Administrator shall request, and such committee,
after receiving public comments, shall assess and 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 such national ambient air
quality standard.''.
(e) Timely Issuance of Implementing Regulations and Guidance.--
Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by adding
at the end the following:
``(e) Timely Issuance of Implementing Regulations and Guidance.--
``(1) In general.--In publishing any final rule
establishing or revising a national ambient air quality
standard, the Administrator shall, to assist States, permitting
authorities, and permit applicants, concurrently publish
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.
``(2) Applicability of standard to preconstruction
permitting.--If the Administrator fails to publish final
regulations and guidance 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 such standard, then such standard
shall not apply to the review and disposition of a
preconstruction permit application until the Administrator has
published such final regulations and guidance.
``(3) Rules of construction.--
``(A) Nothing in this subsection shall be construed
to preclude the Administrator from issuing regulations
and guidance to assist States, permitting authorities,
and permit applicants in implementing a national
ambient air quality standard subsequent to publishing
regulations and guidance for such standard under
paragraph (1).
``(B) Nothing in this subsection shall be construed
to eliminate the obligation of a preconstruction permit
applicant to install best available control technology
and lowest achievable emission rate technology, as
applicable.
``(C) Nothing in this subsection shall be construed
to limit the authority of a State, local, or Tribal
permitting authority to impose more stringent emissions
requirements pursuant to State, local, or Tribal law
than national ambient air quality standards.
``(4) Definitions.--In this subsection:
``(A) The term `best available control technology'
has the meaning given to that term in section 169(3).
``(B) The term `lowest achievable emission rate'
has the meaning given to that term in section 171(3).
``(C) The term `preconstruction permit'--
``(i) means a permit that is required under
this title for the construction or modification
of a stationary source; and
``(ii) includes any such permit issued by
the Environmental Protection Agency or a State,
local, or Tribal permitting authority.''.
(f) Opportunity for States To Correct Deficiency Prior to
Promulgation of Federal Implementation Plan.--Section 110(c)(1) of the
Clean Air Act (42 U.S.C. 7410(c)(1)) is amended--
(1) by striking ``at any time''; and
(2) by adding at the end the following: ``Before
promulgating the Federal implementation plan, the Administrator
shall give the State at least one year after such finding or
disapproval to submit a plan or plan revision to correct the
deficiency. If the State submits a plan or plan revision to
correct the deficiency, the Administrator may, notwithstanding
the 2-year deadline under this paragraph to promulgate a
Federal implementation plan, choose to take up to 3 years after
such finding or disapproval to promulgate a Federal
implementation plan.''.
(g) Contingency Measures for Extreme Ozone Nonattainment Areas.--
Section 172(c)(9) of the Clean Air Act (42 U.S.C. 7502(c)(9)) is
amended by adding at the end the following: ``Notwithstanding the
preceding sentences and any other provision of this Act, such measures
shall not be required for any nonattainment area for ozone classified
as an Extreme Area.''.
(h) Plan Submissions and Requirements for Ozone Nonattainment
Areas.--Section 182 of the Clean Air Act (42 U.S.C. 7511a) is amended--
(1) in subsection (b)(1)(A)(ii)(III), by inserting ``and
economic feasibility'' after ``technological achievability'';
(2) in subsection (c)(2)(B)(ii), by inserting ``and
economic feasibility'' after ``technological achievability'';
(3) in subsection (e), in the matter preceding paragraph
(1)--
(A) by striking ``The provisions of clause (ii) of
subsection (c)(2)(B) (relating to reductions of less
than 3 percent), the provisions of paragaphs'' and
inserting ``The provisions of paragraphs''; and
(B) by striking ``, and the provisions of clause
(ii) of subsection (b)(1)(A) (relating to reductions of
less than 15 percent)''; and
(4) in paragraph (5) of subsection (e), by striking ``, if
the State demonstrates to the satisfaction of the Administrator
that--'' and all that follows through the end of the paragraph
and inserting a period.
(i) Plan Revisions for Milestones for Particulate Matter
Nonattainment Areas.--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,'' before ``and
which demonstrate reasonable further progress''.
(j) Exceptional Events.--Section 319(b) of the Clean Air Act (42
U.S.C. 7619(b)) is amended--
(1) in the subsection heading, by inserting ``or Actions To
Mitigate Wildfire Risk'' after ``Events'';
(2) in paragraph (1)--
(A) in the paragraph heading, by striking
``Definition of exceptional event'' and inserting
``Definitions'';
(B) in subparagraph (A), by redesignating clauses
(i) through (iv), as subclauses (I) through (IV),
respectively;
(C) by striking ``(A)'' and all that follows
through ``an event that--'' and inserting the
following:
``(A) Exceptional event.--
``(i) In general.--The term `exceptional
event' means an event that--'';
(D) by amending clause (III) of subparagraph
(A)(i), as redesignated, to read as follows:
``(III) is an event that is--
``(aa) a natural event;
``(bb) caused by a human
activity that is intended to
mirror the occurrence or
reoccurrence of a natural
event; or
``(cc) caused by a human
activity that is unlikely to
recur.'';
(E) by striking subparagraph (B) and inserting the
following:
``(ii) Exclusions.--In this subsection, the
term `exceptional event' does not include--
``(I) ordinarily occurring
stagnation of air masses;
``(II) meteorological inversions;
or
``(III) air pollution relating to
source noncompliance.''; and
(F) by adding at the end the following:
``(B) Action to mitigate wildfire risk.--The term
`action to mitigate wildfire risk' means a prescribed
fire or similar measure, undertaken in accordance with
State approved practices, to reduce the risk and
severity of wildfires.'';
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``March 1, 2006'' and
inserting ``18 months after the date of
enactment of the Air Quality Standards
Implementation Act of 2024'';
(ii) by inserting ``revisions to'' before
``regulations''; and
(iii) by adding ``or actions to mitigate
wildfire risk'' before the period at the end;
(B) in subparagraph (B)--
(i) by inserting ``or action to mitigate
wildfire risk'' after ``an exceptional event'';
and
(ii) by striking ``paragraph (3)'' and
inserting ``this section'';
(C) by adding at the end the following:
``(C) Regional analysis.--When more than one State
notifies the Administrator of its intent to submit a
petition for an exceptional event or an action to
mitigate wildfire risk for the same air quality event,
the Administrator shall conduct regional modeling and
analysis, upon request by one or more States, to
satisfy the analysis required for an exceptional event
or an action to mitigate wildfire risk petition for
such air quality event.
``(D) Transparency.--Not later than 12 months after
the date of enactment of the Air Quality Standards
Implementation Act of 2024, the Administrator shall
establish and update monthly a public website
describing the status of all submitted petitions for
exceptional events and actions to mitigate wildfire
risk.'';
(4) in paragraph (3)(A)--
(A) by redesignating clauses (ii) through (v) as
clauses (iii) through (vi), respectively; and
(B) by inserting after clause (i) the following:
``(ii) the principle that actions to
mitigate wildfire risk can play an important
role in reducing the magnitude and frequency of
wildfires;'';
(5) in paragraph (3)(B)--
(A) in clause (i), by inserting ``or action to
mitigate wildfire risk'' before ``must be'';
(B) by amending clause (ii) to read as follows:
``(ii) a clear causal relationship must
exist, or be reasonably expected to exist,
between the measured exceedances of a national
ambient air quality standard and the
exceptional event or action to mitigate
wildfire risk to demonstrate that the
exceptional event or action to mitigate
wildfire risk caused a specific air pollution
concentration at a particular air quality
monitoring location;''; and
(C) by amending clause (iv) to read as follows:
``(iv) there are criteria and procedures
for the Governor of a State to petition the
Administrator to exclude air quality monitoring
data that is directly due to exceptional events
or actions to mitigate wildfire risk from use
in determinations by the Administrator with
respect to--
``(I) area or source exceedances or
violations of the national ambient air
quality standards;
``(II) the designation,
redesignation, classification, or
reclassification of an area;
``(III) the demonstration by a
State of attainment of a national
ambient air quality standard;
``(IV) attainment determinations;
``(V) attainment date extensions;
``(VI) finding a State
implementation plan to be inadequate;
or
``(VII) preconstruction
demonstrations under section
165(a)(3).''; and
(6) by striking paragraph (4).
(k) Report on Emissions Emanating From Outside the United States.--
Not later than 24 months after the date of enactment of this Act, the
Administrator, in consultation with States, shall submit to the
Congress a report on--
(1) the extent to which foreign sources of air pollution,
including emissions from sources located outside North America,
impact--
(A) designations of areas (or portions thereof) as
nonattainment, attainment, or unclassifiable under
section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)); and
(B) attainment and maintenance of national ambient
air quality standards;
(2) the Environmental Protection Agency's procedures and
timelines for disposing of petitions submitted pursuant to
section 179B(b) of the Clean Air Act (42 U.S.C. 7509a(b));
(3) the total number of petitions received by the Agency
pursuant to such section 179B(b), and for each such petition
the date initially submitted and the date of final disposition
by the Agency; and
(4) whether the Administrator recommends any statutory
changes to facilitate the more efficient review and disposition
of petitions submitted pursuant to such section 179B(b).
(l) Study on Ozone Formation.--
(1) Study.--The Administrator, in consultation with States
and the National Oceanic and Atmospheric Administration, shall
conduct a study on the atmospheric formation of ozone and
effective control strategies, including--
(A) the relative contribution of man-made and
naturally occurring nitrogen oxides, volatile organic
compounds, and other pollutants in ozone formation in
urban and rural areas, including during wildfires, and
the most cost-effective control strategies to reduce
ozone; and
(B) the science of wintertime ozone formation,
including photochemical modeling of wintertime ozone
formation, and approaches to cost-effectively reduce
wintertime ozone levels.
(2) Peer review.--The Administrator shall have the study
conducted under paragraph (1) peer reviewed by an independent
panel of experts in accordance with the requirements applicable
to a highly influential scientific assessment.
(3) Report.--The Administrator shall submit to Congress a
report describing the results of the study conducted under
paragraph (1), including the findings of the peer review panel.
(4) Regulations and guidance.--The Administrator shall
incorporate the results of the study conducted under paragraph
(1), including the findings of the peer review panel under
paragraph (2), into any Federal rules and guidance implementing
the 2015 ozone standards.
SEC. 3. APPLICABILITY OF SANCTIONS AND FEES IF EMISSIONS BEYOND
CONTROL.
The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting
after section 179B the following new section:
``SEC. 179C. APPLICABILITY OF SANCTIONS AND FEES IF EMISSIONS BEYOND
CONTROL.
``(a) In General.--Notwithstanding any other provision of this Act,
with respect to any nonattainment area that is classified under section
181 as a Severe Area or an Extreme Area for ozone or under section 188
as a Serious Area 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:
``(1) Emissions emanating from outside the nonattainment
area.
``(2) Emissions from an exceptional event (as defined in
section 319(b)(1)).
``(3) Emissions from mobile sources to the extent the State
demonstrates that--
``(A) such emissions are beyond the control of the
State to reduce or eliminate; and
``(B) the State is fully implementing such measures
as are within the authority of the State to control
emissions from the mobile sources.
``(b) No Effect on Underlying Standards.--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.
``(c) Periodic Renewal of Demonstration.--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.''.
SEC. 4. CERTAIN PRECONSTRUCTION PERMITS.
(a) In General.--The 2024 Primary Annual Particulate
Matter<INF>2.5</INF> Standard shall not apply to the review and
disposition of a preconstruction permit application if--
(1) the Administrator or the State, local, or Tribal
permitting authority, as applicable, determines the application
to be complete on or before the date of promulgation of the
final designation of the area involved under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)) with respect to the 2024
Primary Annual Particulate Matter<INF>2.5</INF> Standard; or
(2) the Administrator or the State, local, or Tribal
permitting authority, as applicable, publishes a public notice
of a preliminary determination or draft permit for the
application before the date that is 60 days after the date of
promulgation of the final designation of the area involved
under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d))
with respect to the 2024 Primary Annual Particulate
Matter<INF>2.5</INF> Standard.
(b) Rules of Construction.--Nothing in this section shall be
construed to--
(1) eliminate the obligation of a preconstruction permit
applicant to install best available control technology and
lowest achievable emission rate technology, as applicable; or
(2) limit the authority of a State, local, or Tribal
permitting authority to impose more stringent emissions
requirements pursuant to State, local, or Tribal law than
national ambient air quality standards.
SEC. 5. DEFINITIONS.
In this Act:
(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 to that
term in section 169(3) of the Clean Air Act (42 U.S.C.
7479(3)).
(3) Highly influential scientific assessment.--The term
``highly influential scientific assessment'' means a highly
influential scientific assessment as defined in the publication
of the Office of Management and Budget entitled ``Final
Information Quality Bulletin for Peer Review'' (70 Fed. Reg.
2664 (January 14, 2005)).
(4) Lowest achievable emission rate.--The term ``lowest
achievable emission rate'' has the meaning given to that term
in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)).
(5) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard promulgated under section 109 of
the Clean Air Act (42 U.S.C. 7409).
(6) Preconstruction permit.--The term ``preconstruction
permit''--
(A) means a permit that is required under title I
of the Clean Air Act (42 U.S.C. 7401 et seq.) for the
construction or modification of a stationary source;
and
(B) includes any such permit issued by the
Environmental Protection Agency or a State, local, or
Tribal permitting authority.
(7) 2015 ozone standards.--The term ``2015 ozone
standards'' means the national ambient air quality standards
for ozone published in the Federal Register on October 26, 2015
(80 Fed. Reg. 65292).
(8) 2024 primary annual particulate matter<INF>2.5</INF>
standard.--The term ``2024 Primary Annual Particulate
Matter<INF>2.5</INF> Standard'' means the final rule titled
``Reconsideration of the National Ambient Air Quality Standards
for Particulate Matter'' published in the Federal Register on
March 6, 2024 (89 Fed. Reg. 16202).
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