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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7650 Introduced in House (IH)]

<DOC>

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.

    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 Quality Standards Implementation 
Act of 2024''.

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) 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.''.
    (d) 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.''.
    (e) 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) In general.--In publishing any final rule 
        establishing or revising a national ambient air quality 
        standard, the Administrator shall, to assist States, permitting 
        authorities, and permit applicants, concurrently publish 
        regulations and guidance for implementing the standard, 
        including information relating to submission and consideration 
        of a preconstruction permit application under the new or 
        revised standard.
            ``(2) Applicability of standard to preconstruction 
        permitting.--If the Administrator fails to publish final 
        regulations and guidance 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 such standard, then such standard 
        shall not apply to the review and disposition of a 
        preconstruction permit application until the Administrator has 
        published such final regulations and guidance.
            ``(3) Rules of construction.--
                    ``(A) Nothing in this subsection shall be construed 
                to preclude the Administrator from issuing regulations 
                and guidance to assist States, permitting authorities, 
                and permit applicants in implementing a national 
                ambient air quality standard subsequent to publishing 
                regulations and guidance for such standard under 
                paragraph (1).
                    ``(B) Nothing in this subsection shall be construed 
                to eliminate the obligation of a preconstruction permit 
                applicant to install best available control technology 
                and lowest achievable emission rate technology, as 
                applicable.
                    ``(C) Nothing in this subsection shall be construed 
                to limit the authority of a State, local, or Tribal 
                permitting authority to impose more stringent emissions 
                requirements pursuant to State, local, or Tribal law 
                than national ambient air quality standards.
            ``(4) Definitions.--In this subsection:
                    ``(A) The term `best available control technology' 
                has the meaning given to that term in section 169(3).
                    ``(B) The term `lowest achievable emission rate' 
                has the meaning given to that term in section 171(3).
                    ``(C) The term `preconstruction permit'--
                            ``(i) means a permit that is required under 
                        this title for the construction or modification 
                        of a stationary source; and
                            ``(ii) includes any such permit issued by 
                        the Environmental Protection Agency or a State, 
                        local, or Tribal permitting authority.''.
    (f) 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, choose to take up to 3 years after 
        such finding or disapproval to promulgate a Federal 
        implementation plan.''.
    (g) 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.''.
    (h) 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.
    (i) 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''.
    (j) 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 clause (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.'';
                    (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 Air Quality Standards 
                        Implementation Act of 2024'';
                            (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'';
                    (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 Air Quality Standards 
                Implementation Act of 2024, 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).
    (k) Report on Emissions Emanating From Outside the United States.--
Not later than 24 months after the date of enactment of this Act, the 
Administrator, in consultation with States, shall submit to the 
Congress a report on--
            (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 thereof) 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 Environmental Protection Agency's procedures and 
        timelines for disposing of petitions submitted pursuant to 
        section 179B(b) of the Clean Air Act (42 U.S.C. 7509a(b));
            (3) the total number of petitions received by the Agency 
        pursuant to such section 179B(b), and for each such petition 
        the date initially submitted and the date of final disposition 
        by the Agency; and
            (4) whether the Administrator recommends any statutory 
        changes to facilitate the more efficient review and disposition 
        of petitions submitted pursuant to such section 179B(b).
    (l) Study on Ozone Formation.--
            (1) Study.--The Administrator, in consultation with States 
        and the National Oceanic and Atmospheric Administration, shall 
        conduct a study on the atmospheric formation of ozone and 
        effective control strategies, including--
                    (A) the relative contribution of man-made and 
                naturally occurring nitrogen oxides, volatile organic 
                compounds, and other pollutants in ozone formation in 
                urban and rural areas, including during wildfires, and 
                the most cost-effective control strategies to reduce 
                ozone; and
                    (B) the science of wintertime ozone formation, 
                including photochemical modeling of wintertime ozone 
                formation, and approaches to cost-effectively reduce 
                wintertime ozone levels.
            (2) Peer review.--The Administrator shall have the study 
        conducted under paragraph (1) peer reviewed by an independent 
        panel of experts in accordance with the requirements applicable 
        to a highly influential scientific assessment.
            (3) Report.--The Administrator shall submit to Congress a 
        report describing the results of the study conducted under 
        paragraph (1), including the findings of the peer review panel.
            (4) Regulations and guidance.--The Administrator shall 
        incorporate the results of the study conducted under paragraph 
        (1), including the findings of the peer review panel under 
        paragraph (2), into any Federal rules and guidance implementing 
        the 2015 ozone standards.

SEC. 3. 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 a local 
government or source therein) on the basis of a deficiency described in 
section 179(a), or the State's 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 attained such standard 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 pursuant to subsection (a) 
does not affect the obligation of the State (and local governments and 
sources therein) 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 local government or 
source therein), the State involved shall renew the demonstration 
required by subsection (a) at least once every 5 years.''.

SEC. 4. CERTAIN PRECONSTRUCTION PERMITS.

    (a) In General.--The 2024 Primary Annual Particulate 
Matter<INF>2.5</INF> Standard shall not apply to the review and 
disposition of a preconstruction permit application if--
            (1) the Administrator or the State, local, or Tribal 
        permitting authority, as applicable, determines the application 
        to be complete on or before the date of promulgation of the 
        final designation of the area involved under section 107(d) of 
        the Clean Air Act (42 U.S.C. 7407(d)) with respect to the 2024 
        Primary Annual Particulate Matter<INF>2.5</INF> Standard; or
            (2) the Administrator or the State, local, or Tribal 
        permitting authority, as applicable, publishes a public notice 
        of a preliminary determination or draft permit for the 
        application before the date that is 60 days after the date of 
        promulgation of the final designation of the area involved 
        under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) 
        with respect to the 2024 Primary Annual Particulate 
        Matter<INF>2.5</INF> Standard.
    (b) Rules of Construction.--Nothing in this section shall be 
construed to--
            (1) eliminate the obligation of a preconstruction permit 
        applicant to install best available control technology and 
        lowest achievable emission rate technology, as applicable; or
            (2) limit the authority of a State, local, or Tribal 
        permitting authority to impose more stringent emissions 
        requirements pursuant to State, local, or Tribal law than 
        national ambient air quality standards.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Best available control technology.--The term ``best 
        available control technology'' has the meaning given to that 
        term in section 169(3) of the Clean Air Act (42 U.S.C. 
        7479(3)).
            (3) Highly influential scientific assessment.--The term 
        ``highly influential scientific assessment'' means a highly 
        influential scientific assessment as defined in the publication 
        of the Office of Management and Budget entitled ``Final 
        Information Quality Bulletin for Peer Review'' (70 Fed. Reg. 
        2664 (January 14, 2005)).
            (4) Lowest achievable emission rate.--The term ``lowest 
        achievable emission rate'' has the meaning given to that term 
        in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)).
            (5) 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).
            (6) Preconstruction permit.--The term ``preconstruction 
        permit''--
                    (A) means a permit that is required under title I 
                of the Clean Air Act (42 U.S.C. 7401 et seq.) for the 
                construction or modification of a stationary source; 
                and
                    (B) includes any such permit issued by the 
                Environmental Protection Agency or a State, local, or 
                Tribal permitting authority.
            (7) 2015 ozone standards.--The term ``2015 ozone 
        standards'' means the national ambient air quality standards 
        for ozone published in the Federal Register on October 26, 2015 
        (80 Fed. Reg. 65292).
            (8) 2024 primary annual particulate matter<INF>2.5</INF> 
        standard.--The term ``2024 Primary Annual Particulate 
        Matter<INF>2.5</INF> Standard'' means the final rule titled 
        ``Reconsideration of the National Ambient Air Quality Standards 
        for Particulate Matter'' published in the Federal Register on 
        March 6, 2024 (89 Fed. Reg. 16202).
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