[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4218 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4218
To amend the Clean Air Act to facilitate State implementation of
national ambient air quality standards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2025
Mr. Carter of Georgia (for himself, Mr. Griffith, Mr. Allen, Mr.
Balderson, Mr. Latta, Mr. Newhouse, and Mr. Weber of Texas) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to facilitate 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 ``Clean Air and Economic Advancement
Reform Act'' or the ``CLEAR Act''.
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) 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, take up to 3 years after such
finding or disapproval to promulgate a Federal implementation
plan.''.
(d) 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.''.
(e) 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.
(f) 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''.
SEC. 3. EMISSIONS BEYOND CONTROL.
(a) 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 subclause (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; and'';
(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 CLEAR Act'';
(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''; and
(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 CLEAR Act, 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).
(b) 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 an area or
source therein) on the basis of a deficiency described in section
179(a), or the 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 such standard would have been attained, 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 (or an area or source
therein) pursuant to subsection (a) does not affect the obligation of a
State, area, source, or other entity 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 an area or source
therein), the State involved shall renew the demonstration required by
subsection (a) at least once every 5 years.''.
SEC. 4. CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE.
(a) 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.''.
(b) 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.''.
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