I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Air Quality Standards 

5 Implementation Act of 2024’’. 


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1 SEC. 2. FACILITATING STATE IMPLEMENTATION OF NA2 TIONAL AMBIENT AIR QUALITY STANDARDS. 

3 (a) TIMELINE FOR REVIEW OF NATIONAL AMBIENT

4 AIR QUALITY STANDARDS.—Paragraphs (1) and (2)(B) 

5 of section 109(d) of the Clean Air Act (42 U.S.C. 

6 7409(d)) are amended by striking ‘‘five-year intervals’’ 

7 each place it appears and inserting ‘‘10-year intervals’’. 

8 (b) CONSIDERATION OF ATTAINABILITY.—Section 

9 109(b)(1) of the Clean Air Act (42 U.S.C. 7409(b)(1)) 

10 is amended by inserting after the first sentence the fol11 lowing: ‘‘If the Administrator, in consultation with the 

12 independent scientific review committee appointed under 

13 subsection (d), finds that a range of levels of air quality 

14 for an air pollutant are requisite to protect public health 

15 with an adequate margin of safety, as described in the 

16 preceding sentence, the Administrator may, as a sec17 ondary consideration in establishing and revising the na18 tional primary ambient air quality standard for such air 

19 pollutant, consider likely attainability of the standard.’’. 

20 (c) COMPOSITION OF INDEPENDENT SCIENTIFIC RE21 VIEW COMMITTEE.—Section 109(d)(2)(A) of the Clean 

22 Air Act (42 U.S.C. 7409(d)(2)(A)) is amended— 

23 (1) by striking ‘‘one person representing State 

24 air pollution control agencies’’ and inserting ‘‘three 

25 persons representing State air pollution control 

26 agencies’’; and 


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1 (2) by adding at the end the following: ‘‘The 

2 persons representing State air pollution control 

3 agencies shall be from geographically diverse areas 

4 with at least one person representing a State located 

5 in Region 1, 2, 3, or 5 of the Environmental Protec6 tion Agency, one person representing a State located 

7 in Region 4, 6, or 7 of the Environmental Protection 

8 Agency, and one person representing a State located 

9 in Region 8, 9, or 10 of the Environmental Protec10 tion Agency.’’. 

11 (d) CONSIDERATION OF ADVERSE PUBLIC HEALTH, 

12 WELFARE, SOCIAL, ECONOMIC, OR ENERGY EFFECTS.— 

13 Section 109(d)(2) of the Clean Air Act (42 U.S.C. 

14 7409(d)(2)) is amended by adding at the end the fol15 lowing: 

16 ‘‘(D) Prior to establishing or revising a national am17 bient air quality standard, the Administrator shall re18 quest, and such committee, after receiving public com19 ments, shall assess and provide advice under subpara20 graph (C)(iv) regarding any adverse public health, welfare, 

21 social, economic, or energy effects which may result from 

22 various strategies for attainment and maintenance of such 

23 national ambient air quality standard.’’. 

24 (e) TIMELY ISSUANCE OF IMPLEMENTING REGULA25 TIONS AND GUIDANCE.—Section 109 of the Clean Air Act 


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1 (42 U.S.C. 7409) is amended by adding at the end the 

2 following: 

3 ‘‘(e) TIMELY ISSUANCE OF IMPLEMENTING REGULA4 TIONS AND GUIDANCE.— 

5 ‘‘(1) IN GENERAL.—In publishing any final rule 

6 establishing or revising a national ambient air qual7 ity standard, the Administrator shall, to assist 

8 States, permitting authorities, and permit appli9 cants, concurrently publish regulations and guidance 

10 for implementing the standard, including informa11 tion relating to submission and consideration of a 

12 preconstruction permit application under the new or 

13 revised standard. 

14 ‘‘(2) APPLICABILITY OF STANDARD TO

15 PRECONSTRUCTION PERMITTING.—If the Adminis16 trator fails to publish final regulations and guidance 

17 that include information relating to submission and 

18 consideration of a preconstruction permit application 

19 under a new or revised national ambient air quality 

20 standard concurrently with such standard, then such 

21 standard shall not apply to the review and disposi22 tion of a preconstruction permit application until the 

23 Administrator has published such final regulations 

24 and guidance. 

25 ‘‘(3) RULES OF CONSTRUCTION.— 


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1 ‘‘(A) Nothing in this subsection shall be 

2 construed to preclude the Administrator from 

3 issuing regulations and guidance to assist 

4 States, permitting authorities, and permit appli5 cants in implementing a national ambient air 

6 quality standard subsequent to publishing regu7 lations and guidance for such standard under 

8 paragraph (1). 

9 ‘‘(B) Nothing in this subsection shall be 

10 construed to eliminate the obligation of a 

11 preconstruction permit applicant to install best 

12 available control technology and lowest achiev13 able emission rate technology, as applicable. 

14 ‘‘(C) Nothing in this subsection shall be 

15 construed to limit the authority of a State, 

16 local, or Tribal permitting authority to impose 

17 more stringent emissions requirements pursu18 ant to State, local, or Tribal law than national 

19 ambient air quality standards. 

20 ‘‘(4) DEFINITIONS.—In this subsection: 

21 ‘‘(A) The term ‘best available control tech22 nology’ has the meaning given to that term in 

23 section 169(3). 


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1 ‘‘(B) The term ‘lowest achievable emission 

2 rate’ has the meaning given to that term in sec3 tion 171(3). 

4 ‘‘(C) The term ‘preconstruction permit’— 

5 ‘‘(i) means a permit that is required 

6 under this title for the construction or 

7 modification of a stationary source; and 

8 ‘‘(ii) includes any such permit issued 

9 by the Environmental Protection Agency 

10 or a State, local, or Tribal permitting au11 thority.’’. 

12 (f) OPPORTUNITY FOR STATES TO CORRECT DEFI13 CIENCY PRIOR TO PROMULGATION OF FEDERAL IMPLE14 MENTATION PLAN.—Section 110(c)(1) of the Clean Air 

15 Act (42 U.S.C. 7410(c)(1)) is amended— 

16 (1) by striking ‘‘at any time’’; and 

17 (2) by adding at the end the following: ‘‘Before 

18 promulgating the Federal implementation plan, the 

19 Administrator shall give the State at least one year 

20 after such finding or disapproval to submit a plan or 

21 plan revision to correct the deficiency. If the State 

22 submits a plan or plan revision to correct the defi23 ciency, the Administrator may, notwithstanding the 

24 2-year deadline under this paragraph to promulgate 

25 a Federal implementation plan, choose to take up to 


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1 3 years after such finding or disapproval to promul2 gate a Federal implementation plan.’’. 

3 (g) CONTINGENCY MEASURES FOR EXTREME OZONE

4 NONATTAINMENT AREAS.—Section 172(c)(9) of the Clean 

5 Air Act (42 U.S.C. 7502(c)(9)) is amended by adding at 

6 the end the following: ‘‘Notwithstanding the preceding 

7 sentences and any other provision of this Act, such meas8 ures shall not be required for any nonattainment area for 

9 ozone classified as an Extreme Area.’’. 

10 (h) PLAN SUBMISSIONS AND REQUIREMENTS FOR

11 OZONE NONATTAINMENT AREAS.—Section 182 of the 

12 Clean Air Act (42 U.S.C. 7511a) is amended— 

13 (1) in subsection (b)(1)(A)(ii)(III), by inserting 

14 ‘‘and economic feasibility’’ after ‘‘technological 

15 achievability’’; 

16 (2) in subsection (c)(2)(B)(ii), by inserting 

17 ‘‘and economic feasibility’’ after ‘‘technological 

18 achievability’’; 

19 (3) in subsection (e), in the matter preceding 

20 paragraph (1)— 

21 (A) by striking ‘‘The provisions of clause 

22 (ii) of subsection (c)(2)(B) (relating to reduc23 tions of less than 3 percent), the provisions of 

24 paragaphs’’ and inserting ‘‘The provisions of 

25 paragraphs’’; and 


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1 (B) by striking ‘‘, and the provisions of 

2 clause (ii) of subsection (b)(1)(A) (relating to 

3 reductions of less than 15 percent)’’; and 

4 (4) in paragraph (5) of subsection (e), by strik5 ing ‘‘, if the State demonstrates to the satisfaction 

6 of the Administrator that—’’ and all that follows 

7 through the end of the paragraph and inserting a 

8 period. 

9 (i) PLAN REVISIONS FOR MILESTONES FOR PARTIC10 ULATE MATTER NONATTAINMENT AREAS.—Section 

11 189(c)(1) of the Clean Air Act (42 U.S.C. 7513a(c)(1)) 

12 is amended by inserting ‘‘, which take into account techno13 logical achievability and economic feasibility,’’ before ‘‘and 

14 which demonstrate reasonable further progress’’. 

15 (j) EXCEPTIONAL EVENTS.—Section 319(b) of the 

16 Clean Air Act (42 U.S.C. 7619(b)) is amended— 

17 (1) in the subsection heading, by inserting ‘‘OR

18 ACTIONS TO MITIGATE WILDFIRE RISK’’ after 

19 ‘‘EVENTS’’; 

20 (2) in paragraph (1)— 

21 (A) in the paragraph heading, by striking 

22 ‘‘DEFINITION OF EXCEPTIONAL EVENT’’ and in23 serting ‘‘DEFINITIONS’’; 


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1 (B) in subparagraph (A), by redesignating 

2 clauses (i) through (iv), as subclauses (I) 

3 through (IV), respectively; 

4 (C) by striking ‘‘(A)’’ and all that follows 

5 through ‘‘an event that—’’ and inserting the 

6 following: 

7 ‘‘(A) EXCEPTIONAL EVENT.— 

8 ‘‘(i) IN GENERAL.—The term ‘excep9 tional event’ means an event that—’’; 

10 (D) by amending clause (III) of subpara11 graph (A)(i), as redesignated, to read as fol12 lows: 

13 ‘‘(III) is an event that is— 

14 ‘‘(aa) a natural event; 

15 ‘‘(bb) caused by a human 

16 activity that is intended to mirror 

17 the occurrence or reoccurrence of 

18 a natural event; or 

19 ‘‘(cc) caused by a human ac20 tivity that is unlikely to recur.’’; 

21 (E) by striking subparagraph (B) and in22 serting the following: 

23 ‘‘(ii) EXCLUSIONS.—In this sub24 section, the term ‘exceptional event’ does 

25 not include— 


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1 ‘‘(I) ordinarily occurring stagna2 tion of air masses; 

3 ‘‘(II) meteorological inversions; 

4 or 

5 ‘‘(III) air pollution relating to 

6 source noncompliance.’’; and 

7 (F) by adding at the end the following: 

8 ‘‘(B) ACTION TO MITIGATE WILDFIRE

9 RISK.—The term ‘action to mitigate wildfire 

10 risk’ means a prescribed fire or similar meas11 ure, undertaken in accordance with State ap12 proved practices, to reduce the risk and severity 

13 of wildfires.’’; 

14 (3) in paragraph (2)— 

15 (A) in subparagraph (A)— 

16 (i) by striking ‘‘March 1, 2006’’ and 

17 inserting ‘‘18 months after the date of en18 actment of the Air Quality Standards Im19 plementation Act of 2024’’; 

20 (ii) by inserting ‘‘revisions to’’ before 

21 ‘‘regulations’’; and 

22 (iii) by adding ‘‘or actions to mitigate 

23 wildfire risk’’ before the period at the end; 

24 (B) in subparagraph (B)— 


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1 (i) by inserting ‘‘or action to mitigate 

2 wildfire risk’’ after ‘‘an exceptional event’’; 

3 and 

4 (ii) by striking ‘‘paragraph (3)’’ and 

5 inserting ‘‘this section’’; 

6 (C) by adding at the end the following: 

7 ‘‘(C) REGIONAL ANALYSIS.—When more 

8 than one State notifies the Administrator of its 

9 intent to submit a petition for an exceptional 

10 event or an action to mitigate wildfire risk for 

11 the same air quality event, the Administrator 

12 shall conduct regional modeling and analysis, 

13 upon request by one or more States, to satisfy 

14 the analysis required for an exceptional event or 

15 an action to mitigate wildfire risk petition for 

16 such air quality event. 

17 ‘‘(D) TRANSPARENCY.—Not later than 12 

18 months after the date of enactment of the Air 

19 Quality Standards Implementation Act of 2024, 

20 the Administrator shall establish and update 

21 monthly a public website describing the status 

22 of all submitted petitions for exceptional events 

23 and actions to mitigate wildfire risk.’’; 

24 (4) in paragraph (3)(A)— 


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1 (A) by redesignating clauses (ii) through 

2 (v) as clauses (iii) through (vi), respectively; 

3 and 

4 (B) by inserting after clause (i) the fol5 lowing: 

6 ‘‘(ii) the principle that actions to miti7 gate wildfire risk can play an important 

8 role in reducing the magnitude and fre9 quency of wildfires;’’; 

10 (5) in paragraph (3)(B)— 

11 (A) in clause (i), by inserting ‘‘or action to 

12 mitigate wildfire risk’’ before ‘‘must be’’; 

13 (B) by amending clause (ii) to read as fol14 lows: 

15 ‘‘(ii) a clear causal relationship must 

16 exist, or be reasonably expected to exist, 

17 between the measured exceedances of a na18 tional ambient air quality standard and the 

19 exceptional event or action to mitigate 

20 wildfire risk to demonstrate that the excep21 tional event or action to mitigate wildfire 

22 risk caused a specific air pollution con23 centration at a particular air quality moni24 toring location;’’; and 


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1 (C) by amending clause (iv) to read as fol2 lows: 

3 ‘‘(iv) there are criteria and procedures 

4 for the Governor of a State to petition the 

5 Administrator to exclude air quality moni6 toring data that is directly due to excep7 tional events or actions to mitigate wildfire 

8 risk from use in determinations by the Ad9 ministrator with respect to— 

10 ‘‘(I) area or source exceedances 

11 or violations of the national ambient 

12 air quality standards; 

13 ‘‘(II) the designation, redesigna14 tion, classification, or reclassification 

15 of an area; 

16 ‘‘(III) the demonstration by a 

17 State of attainment of a national am18 bient air quality standard; 

19 ‘‘(IV) attainment determinations; 

20 ‘‘(V) attainment date extensions; 

21 ‘‘(VI) finding a State implemen22 tation plan to be inadequate; or 

23 ‘‘(VII) preconstruction dem24 onstrations under section 165(a)(3).’’; 

25 and 


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1 (6) by striking paragraph (4). 

2 (k) REPORT ON EMISSIONS EMANATING FROM OUT3 SIDE THE UNITED STATES.—Not later than 24 months 

4 after the date of enactment of this Act, the Administrator, 

5 in consultation with States, shall submit to the Congress 

6 a report on— 

7 (1) the extent to which foreign sources of air 

8 pollution, including emissions from sources located 

9 outside North America, impact— 

10 (A) designations of areas (or portions 

11 thereof) as nonattainment, attainment, or 

12 unclassifiable under section 107(d) of the Clean 

13 Air Act (42 U.S.C. 7407(d)); and 

14 (B) attainment and maintenance of na15 tional ambient air quality standards; 

16 (2) the Environmental Protection Agency’s pro17 cedures and timelines for disposing of petitions sub18 mitted pursuant to section 179B(b) of the Clean Air 

19 Act (42 U.S.C. 7509a(b)); 

20 (3) the total number of petitions received by the 

21 Agency pursuant to such section 179B(b), and for 

22 each such petition the date initially submitted and 

23 the date of final disposition by the Agency; and 

24 (4) whether the Administrator recommends any 

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1 view and disposition of petitions submitted pursuant 

2 to such section 179B(b). 

3 (l) STUDY ON OZONE FORMATION.— 

4 (1) STUDY.—The Administrator, in consulta5 tion with States and the National Oceanic and At6 mospheric Administration, shall conduct a study on 

7 the atmospheric formation of ozone and effective 

8 control strategies, including— 

9 (A) the relative contribution of man-made 

10 and naturally occurring nitrogen oxides, volatile 

11 organic compounds, and other pollutants in 

12 ozone formation in urban and rural areas, in13 cluding during wildfires, and the most cost-ef14 fective control strategies to reduce ozone; and 

15 (B) the science of wintertime ozone forma16 tion, including photochemical modeling of win17 tertime ozone formation, and approaches to 

18 cost-effectively reduce wintertime ozone levels. 

19 (2) PEER REVIEW.—The Administrator shall 

20 have the study conducted under paragraph (1) peer 

21 reviewed by an independent panel of experts in ac22 cordance with the requirements applicable to a high23 ly influential scientific assessment. 

24 (3) REPORT.—The Administrator shall submit 

25 to Congress a report describing the results of the 


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1 study conducted under paragraph (1), including the 

2 findings of the peer review panel. 

3 (4) REGULATIONS AND GUIDANCE.—The Ad4 ministrator shall incorporate the results of the study 

5 conducted under paragraph (1), including the find6 ings of the peer review panel under paragraph (2), 

7 into any Federal rules and guidance implementing 

8 the 2015 ozone standards. 

9 SEC. 3. APPLICABILITY OF SANCTIONS AND FEES IF EMIS10 SIONS BEYOND CONTROL. 

11 The Clean Air Act (42 U.S.C. 7401 et seq.) is amend12 ed by inserting after section 179B the following new sec13 tion: 

14 ‘‘SEC. 179C. APPLICABILITY OF SANCTIONS AND FEES IF 

15 EMISSIONS BEYOND CONTROL. 

16 ‘‘(a) IN GENERAL.—Notwithstanding any other pro17 vision of this Act, with respect to any nonattainment area 

18 that is classified under section 181 as a Severe Area or 

19 an Extreme Area for ozone or under section 188 as a Seri20 ous Area for particulate matter, no sanction or fee under 

21 section 179 or 185 shall apply with respect to a State (or 

22 a local government or source therein) on the basis of a 

23 deficiency described in section 179(a), or the State’s fail24 ure to attain a national ambient air quality standard for 

25 ozone or particulate matter by the applicable attainment 


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1 date, if the State demonstrates that the State would have 

2 avoided such deficiency or attained such standard but for 

3 one or more of the following: 

4 ‘‘(1) Emissions emanating from outside the 

5 nonattainment area. 

6 ‘‘(2) Emissions from an exceptional event (as 

7 defined in section 319(b)(1)). 

8 ‘‘(3) Emissions from mobile sources to the ex9 tent the State demonstrates that— 

10 ‘‘(A) such emissions are beyond the control 

11 of the State to reduce or eliminate; and 

12 ‘‘(B) the State is fully implementing such 

13 measures as are within the authority of the 

14 State to control emissions from the mobile 

15 sources. 

16 ‘‘(b) NO EFFECT ON UNDERLYING STANDARDS.— 

17 The inapplicability of sanctions or fees with respect to a 

18 State pursuant to subsection (a) does not affect the obliga19 tion of the State (and local governments and sources 

20 therein) under other provisions of this Act to establish and 

21 implement measures to attain a national ambient air qual22 ity standard for ozone or particulate matter. 

23 ‘‘(c) PERIODIC RENEWAL OF DEMONSTRATION.— 

24 For subsection (a) to continue to apply with respect to 

25 a State (or local government or source therein), the State 


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1 involved shall renew the demonstration required by sub2 section (a) at least once every 5 years.’’. 

3 SEC. 4. CERTAIN PRECONSTRUCTION PERMITS. 

4 (a) IN GENERAL.—The 2024 Primary Annual Partic5 ulate Matter2.5 Standard shall not apply to the review and 

6 disposition of a preconstruction permit application if— 

7 (1) the Administrator or the State, local, or 

8 Tribal permitting authority, as applicable, deter9 mines the application to be complete on or before 

10 the date of promulgation of the final designation of 

11 the area involved under section 107(d) of the Clean 

12 Air Act (42 U.S.C. 7407(d)) with respect to the 

13 2024 Primary Annual Particulate Matter2.5 Stand14 ard; or 

15 (2) the Administrator or the State, local, or 

16 Tribal permitting authority, as applicable, publishes 

17 a public notice of a preliminary determination or 

18 draft permit for the application before the date that 

19 is 60 days after the date of promulgation of the final 

20 designation of the area involved under section 

21 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) 

22 with respect to the 2024 Primary Annual Particu23 late Matter2.5 Standard. 

24 (b) RULES OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed to— 


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1 (1) eliminate the obligation of a preconstruction 

2 permit applicant to install best available control 

3 technology and lowest achievable emission rate tech4 nology, as applicable; or 

5 (2) limit the authority of a State, local, or Trib6 al permitting authority to impose more stringent 

7 emissions requirements pursuant to State, local, or 

8 Tribal law than national ambient air quality stand9 ards. 

10 SEC. 5. DEFINITIONS. 

11 In this Act: 

12 (1) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Administrator of the Environ14 mental Protection Agency. 

15 (2) BEST AVAILABLE CONTROL TECH16 NOLOGY.—The term ‘‘best available control tech17 nology’’ has the meaning given to that term in sec18 tion 169(3) of the Clean Air Act (42 U.S.C. 

19 7479(3)). 

20 (3) HIGHLY INFLUENTIAL SCIENTIFIC ASSESS21 MENT.—The term ‘‘highly influential scientific as22 sessment’’ means a highly influential scientific as23 sessment as defined in the publication of the Office 

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1 tion Quality Bulletin for Peer Review’’ (70 Fed. 

2 Reg. 2664 (January 14, 2005)). 

3 (4) LOWEST ACHIEVABLE EMISSION RATE.— 

4 The term ‘‘lowest achievable emission rate’’ has the 

5 meaning given to that term in section 171(3) of the 

6 Clean Air Act (42 U.S.C. 7501(3)). 

7 (5) NATIONAL AMBIENT AIR QUALITY STAND8 ARD.—The term ‘‘national ambient air quality 

9 standard’’ means a national ambient air quality 

10 standard promulgated under section 109 of the 

11 Clean Air Act (42 U.S.C. 7409). 

12 (6) PRECONSTRUCTION PERMIT.—The term 

13 ‘‘preconstruction permit’’— 

14 (A) means a permit that is required under 

15 title I of the Clean Air Act (42 U.S.C. 7401 et 

16 seq.) for the construction or modification of a 

17 stationary source; and 

18 (B) includes any such permit issued by the 

19 Environmental Protection Agency or a State, 

20 local, or Tribal permitting authority. 

21 (7) 2015 OZONE STANDARDS.—The term ‘‘2015 

22 ozone standards’’ means the national ambient air 

23 quality standards for ozone published in the Federal 

24 Register on October 26, 2015 (80 Fed. Reg. 65292). 


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1 (8) 2024 PRIMARY ANNUAL PARTICULATE MAT2 TER2.5 STANDARD.—The term ‘‘2024 Primary An3 nual Particulate Matter2.5 Standard’’ means the 

4 final rule titled ‘‘Reconsideration of the National 

5 Ambient Air Quality Standards for Particulate Mat6 ter’’ published in the Federal Register on March 6, 

7 2024 (89 Fed. Reg. 16202). 

Æ 


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