[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2125 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2125
To amend the Clean Air Act to facilitate efficient State implementation
of certain national ambient air quality standards, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2023
Mrs. Capito (for herself, Mr. Wicker, Mr. Ricketts, Mr. Sullivan, Ms.
Lummis, Mr. Cornyn, and Mr. Barrasso) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Clean Air Act to facilitate efficient State implementation
of certain 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 ``National Ambient Air Quality
Standards Implementation Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) 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).
SEC. 3. FACILITATING STATE IMPLEMENTATION OF NATIONAL AMBIENT AIR
QUALITY STANDARDS.
(a) Consideration of Technological Feasibility.--Section 109(b) of
the Clean Air Act (42 U.S.C. 7409(b)) is amended--
(1) by striking ``(b)(1) National'' and inserting the
following:
``(b) Requirements.--
``(1) In general.--
``(A) Public health.--National''; and
(2) in paragraph (1)(A) (as so designated), in the second
sentence, by striking ``Such primary standards'' and inserting
the following:
``(B) Technological feasibility.--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.
``(C) Revision.--National primary ambient air
quality standards''.
(b) Timeline for Review of National Ambient Air Quality
Standards.--
(1) 10-year cycle for all criteria air pollutants.--Section
109(d) of the Clean Air Act (42 U.S.C. 7409(d)) is amended--
(A) in paragraph (1), in the first sentence, by
striking ``five-year intervals'' and inserting ``10-
year intervals''; and
(B) in paragraph (2)(B), by striking ``five-year
intervals'' and inserting ``10-year intervals''.
(2) Cycle for next review of ozone criteria and
standards.--Notwithstanding section 109(d) of the Clean Air Act
(42 U.S.C. 7409(d)), the Administrator shall not--
(A) complete, before December 31, 2030, 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
(B) propose, before December 31, 2030, any
revisions to those criteria or standards.
(3) Cycle for next review of particulate matter criteria
and standards.--Notwithstanding section 109(d) of the Clean Air
Act (42 U.S.C. 7409(d)), the Administrator shall not--
(A) complete, before December 18, 2030, any review
of the criteria for particulate matter published under
section 108 of that Act (42 U.S.C. 7408) or the
national ambient air quality standard for particulate
matter promulgated under section 109 of that Act (42
U.S.C. 7409); or
(B) propose, before December 18, 2030, any
revisions to those criteria or standards.
(c) 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) Advice from scientific review committee.--
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.''.
(d) 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) Definitions.--In this subsection:
``(A) Best available control technology.--The term
`best available control technology' has the meaning
given that term in section 169.
``(B) Lowest achievable emission rate.--The term
`lowest achievable emission rate' has the meaning given
that term in section 171.
``(C) Preconstruction permit.--
``(i) In general.--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.
``(ii) Inclusion.--The term
`preconstruction permit' includes any permit
described in clause (i) issued by the
Administrator or a State, local, or Tribal
permitting authority.
``(2) Guidance for implementation.--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.
``(3) Applicability of national ambient air quality
standard to preconstruction permitting.--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.
``(4) Rules of construction.--Nothing in this subsection--
``(A) 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);
``(B) eliminates the obligation of a
preconstruction permit applicant to install best
available control technology and lowest achievable
emission rate technology, as applicable; or
``(C) 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.''.
(e) 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--
(1) in the first sentence, by striking ``Such'' and
inserting the following:
``(A) Specific measures.--A nonattainment'';
(2) in subparagraph (A) (as so designated), in the second
sentence, by striking ``Such measures'' and inserting the
following:
``(B) Contingency measures.--The specific measures
referred to in subparagraph (A)''; and
(3) by adding at the end the following:
``(C) Extreme areas.--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.''.
(f) 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'';
and
(3) in subsection (e)--
(A) 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.'';
(B) 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 ``compliance with
subsections (b)(1) and (c)(2)'' in the undesignated
matter following subparagraph (B); and
(C) in the undesignated matter following paragraph
(5), by striking ``Any reference to'' and inserting the
following:
``(6) References.--Any reference to''.
(g) 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,'' after
``redesignated attainment''.
(h) Exceptional Events.--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:
``(B) 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.''.
(i) Report on Emissions Emanating From Outside the United States.--
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--
(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 of areas) 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 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);
(3) the total number of petitions received by the
Administrator under that section (42 U.S.C. 7509a) and, for
each petition--
(A) the date on which the petition was initially
submitted to the Administrator; and
(B) the date of final disposition by the
Administrator; and
(4) 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. 7509a).
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