[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3826 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 3826
To amend the Clean Air Act to revise the treatment of certain
resilience actions and natural disasters, to limit the issuance of new
standards for criteria pollutants, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2024
Mr. Cassidy (for himself and Ms. Sinema) 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 revise the treatment of certain
resilience actions and natural disasters, to limit the issuance of new
standards for criteria pollutants, 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 ``Modernizing Clean Air Permitting Act
of 2024''.
SEC. 2. TREATMENT OF NATURAL BACKGROUND LEVELS AND ACTIVITY.
(a) Treatment of Natural Background Levels.--Section 107(d) of the
Clean Air Act (42 U.S.C. 7407(d)) is amended by adding at the end the
following:
``(8) Treatment of naturally occurring events, wildfires,
and resilience actions.--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--
``(A) prescribed fires or wildfires on public or
private land, regardless of the cause of those fires;
``(B) actions determined by the Governor to
increase resilience to natural disasters;
``(C) natural disasters; or
``(D) naturally occurring events that cause an
increase in the pollutant over the expected naturally
occurring levels in a given year.''.
(b) Existing Compliance of Previous Standards.--Section 109 of the
Clean Air Act (42 U.S.C. 7409) is amended by adding at the end the
following:
``(e) Revisions Related to Naturally Occurring Background Levels.--
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.
``(f) Existing Compliance.--For national primary and secondary
ambient air quality standards revised after the date of enactment of
this subsection, the Administrator shall take into consideration--
``(1) existing rates of compliance with previous national
primary and secondary ambient air quality standards;
``(2) technological feasibility of complying with the
proposed national primary or secondary ambient air quality
standard revision; and
``(3) the costs of complying with the proposed national
primary or secondary ambient air quality standard revision.''.
(c) Treatment of Mobile Sources.--Section 110(a) of the Clean Air
Act (42 U.S.C. 7410(a)) is amended by adding at the end the following:
``(7) Treatment of mobile sources.--In developing or
revising a State implementation plan under this section, the
Governor of a State may--
``(A) 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
``(B) 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.
``(8) Treatment of international emissions.--
``(A) In general.--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--
``(i) the extent to which foreign sources
of air pollution, including emissions from
sources located outside of North America,
impact--
``(I) the designation of areas (or
portions of areas) as nonattainment,
attainment, or unclassifiable under
section 107(d); and
``(II) the attainment and
maintenance of national ambient air
quality standards;
``(ii) the procedures and timelines of the
Administrator for the disposition of petitions
submitted under section 179B(b);
``(iii) the total number of petitions
received by the Administrator under section
179B and, with respect to each petition--
``(I) the date on which the
petition was initially submitted to the
Administrator; and
``(II) the date of final
disposition of the petition by the
Administrator; and
``(iv) whether the Administrator recommends
any statutory changes to facilitate--
``(I) the more efficient review and
disposition of petitions submitted
under section 179B; and
``(II) the ability to discount the
emissions of foreign sources in
calculating the emissions levels and
attainment of an area.
``(B) Rulemaking required.--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).''.
SEC. 3. REVIEW AND REVISION CRITERIA FOR APPLICABLE STANDARDS.
Section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)) is amended
by adding at the end the following:
``(3)(A) Notwithstanding paragraph (1), the Administrator
may not issue new standards relating to a criteria pollutant if
more than 15 percent of total air quality control regions that
were in nonattainment for that criteria pollutant as a result
of a previous revision of standards still remain in
nonattainment.
``(B) If fewer than 15 percent of the total number of air
quality control regions initially in nonattainment for a
criteria pollutant remain in nonattainment for that criteria
pollutant, the Administrator may issue new standards relating
to that criteria pollutant.''.
SEC. 4. RECLASSIFICATION OF MAJOR SOURCES AS AREA SOURCES.
Section 112 of the Clean Air Act (42 U.S.C. 7412) is amended by
adding at the end the following:
``(t) Reclassification of Major Sources as Area Sources.--
``(1) In general.--At any time that a stationary source
demonstrates to the Administrator that the actual or potential
emissions of hazardous air pollutants of a major source fall
below the standards described in subsection (a)(1) for a period
of 6 consecutive months, the Administrator shall reclassify the
major source as an area source under this section.
``(2) Requirements.--Beginning on the date of a
reclassification of a major source as an area source under
paragraph (1)--
``(A) any requirements previously applicable to the
reclassified source under a major source standard under
this section shall no longer apply to that reclassified
source;
``(B) the requirements of any applicable area
source standard under this section shall apply to that
reclassified source; and
``(C) the owner or operator of the reclassified
source shall annually supply monitoring data of the
reclassified source to reconfirm the
reclassification.''.
SEC. 5. STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES.
(a) In General.--Section 111 of the Clean Air Act (42 U.S.C. 7411)
is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), in the first
sentence, by inserting ``and subject to
subparagraph (C)'' after ``subparagraph (A)'';
and
(ii) by adding at the end the following:
``(C) Limitation.--The Administrator may not
establish a new Federal standard of performance for a
new source until such time as the technology proposed
to serve as the best system of emission reduction under
the proposed new standard of performance--
``(i) represents not less than 5 percent of
the deployed systems already in use at the time
the new standard of performance is proposed;
and
``(ii) has been demonstrated to fully
achieve the emission standards of the proposed
standard of performance.''; and
(B) in paragraph (6), by striking ``subsection
(a)(1)(A)(i) and (ii)'' and inserting ``subsection
(a)(1)'';
(2) in subsection (d), by adding at the end the following:
``(3) Limitation of authority.--In prescribing regulations
under paragraph (1) and otherwise carrying out this subsection,
the Administrator may not direct a State--
``(A) to establish standards of performance for any
air pollutants at a location that is not the location
of an existing source; or
``(B) to meet any specific substantive emissions
criteria established by the Administrator other than
for a criteria air pollutant.''; and
(3) by adding at the end the following:
``(k) Treatment of Modifications.--
``(1) In general.--For purposes of this section but subject
to paragraphs (2) and (3), a modification shall be considered
to be a new source only if--
``(A) the modification expands the capacity or
production capability of the source; and
``(B) the maximum hourly emission rate of an air
pollutant that is achievable by such source after the
change is higher than the maximum hourly emission rate
of such air pollutant that was achievable by such
source during any hour in the 10-year period
immediately preceding the change.
``(2) Exceptions.--If a modification expands the capacity
or production capability of a source, the modification shall
not be considered to be a new source for purposes of this
section if the modification is designed--
``(A) to reduce any air pollutant emitted by the
source per unit of production;
``(B) to reduce any greenhouse gas emitted by the
source per unit of production; or
``(C) to enhance or restore the safety or
reliability of operations at the source.
``(3) Application of exceptions.--A modification that meets
an exception described in paragraph (2) shall not be considered
to be a modification for purposes of--
``(A) the term `construction' (as defined in
section 169(2)) or any provision that uses that term;
or
``(B) the term `modification' (as defined in
section 171) or any provision that uses that term.
``(l) Treatment of Offsets.--A proposed new source shall be exempt
from the requirements of a proposed new source in an area designated as
in nonattainment if the proposed new source emits not more than 0.5
percent of the periodic emissions inventory of the criteria pollutant
for the area within which the proposed new source will be located.''.
(b) Rule of Construction.--The amendments made by subsection (a)
shall not treat any change as a modification for purposes of the Clean
Air Act (42 U.S.C. 7401 et seq.) if such change would not have been so
treated as of the day before the date of enactment of this Act.
SEC. 6. TREATMENT OF PENDING PERMITS.
(a) Preconstruction Requirements.--Section 165(b) of the Clean Air
Act (42 U.S.C. 7475(b)) is amended--
(1) by striking ``(b) The demonstration'' and inserting the
following:
``(b) Exceptions.--
``(1) Maximum allowable increases.--The demonstration'';
and
(2) by adding at the end the following:
``(2) Pending draft permits.--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.''.
(b) Permit Requirements.--Section 173 of the Clean Air Act (42
U.S.C. 7503) is amended--
(1) 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
(2) by adding at the end the following:
``(f) Pending Draft Permits.--
``(1) In general.--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--
``(A) 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
``(B) the final permit is ultimately issued to the
new or modified major source under the standards for
which the draft permit was considered.
``(2) Applicability.--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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