Text: S.2825 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in Senate (05/10/2018)


115th CONGRESS
2d Session
S. 2825


To amend the Clean Air Act to modify provisions relating to international border areas, marginal areas, and rural transport areas, and for other purposes.


IN THE SENATE OF THE UNITED STATES

May 10, 2018

Mr. Flake (for himself and Mr. McCain) 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 modify provisions relating to international border areas, marginal areas, and rural transport areas, 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 Designation Actions in Areas of Pollutant Transport Act” or the “ADAAPT Act”.

SEC. 2. Amendments to the Clean Air Act.

(a) International border areas.—Section 179B of the Clean Air Act (42 U.S.C. 7509a) is amended—

(1) in subsection (a)(1)—

(A) by striking “the Act” and inserting “this Act”; and

(B) by striking “, and” and inserting “; and”;

(2) in subsection (b), by striking “section 181(a)(2) or (5)” and inserting “section 181(b)(2)”;

(3) in subsection (c), by striking “or (9)”; and

(4) by adding at the end the following:

“(e) Action on demonstration.—Not later than 180 days after the date on which the Administrator receives a demonstration of attainment submitted by a State under subsection (b), (c), or (d), the Administrator shall approve or disapprove the demonstration.”.

(b) Marginal areas.—Section 182(a)(2) of the Clean Air Act (42 U.S.C. 7511a(a)(2)) is amended—

(1) in the matter preceding subparagraph (A), by striking “requirements—” and inserting “requirements:”; and

(2) in subparagraph (C)—

(A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;

(B) in the matter preceding subclause (I) (as so designated), by striking “Within” and inserting the following:

“(i) REVISION.—Subject to clause (ii), not later than”; and

(C) by adding at the end the following:

“(ii) CERTAIN NONATTAINMENT AREAS.—

“(I) APPLICABILITY.—Section 173(a)(1) shall not apply to a revision submitted to the Administrator under clause (i) for a nonattainment area described in subclause (III).

“(II) BEST AVAILABLE CONTROL TECHNOLOGY.—With respect to a revision submitted to the Administrator under clause (i) for a nonattainment area described in subclause (III), a State may substitute the best available control technology (as defined in section 169) for the lowest achievable emission rate.

“(III) NONATTAINMENT AREAS.—A nonattainment area described in this subclause is a nonattainment area—

“(aa) with an implementation plan or plan revision approved under section 179B(a);

“(bb) for which the Administrator has approved a demonstration of attainment for ozone under section 179B(b); or

“(cc) that is treated by the Administrator as a rural transport area (within the meaning of subsection (h)(2)).”.

(c) Rural transport areas.—Section 182(h) of the Clean Air Act (42 U.S.C. 7511a(h)) is amended—

(1) in paragraph (1), by striking “does not include” and all that follows through “, which area”; and

(2) by adding at the end the following:

“(3) TIMELINE.—Not later than 180 days after the date on which the Administrator receives a demonstration submitted by a State to secure treatment by the Administrator of an ozone nonattainment area in the State as a rural transport area (within the meaning of paragraph (2)), the Administrator shall—

“(A) approve or disapprove the demonstration; and

“(B) make, or decline to make, a finding under paragraph (2).”.


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