II 

112TH CONGRESS 

1ST SESSION S. 1805 

To prohibit the Administrator of the Environmental Protection Agency from 

rejecting or otherwise determining to be inadequate a State implementation plan in any case in which the State submitting the plan has not 

been given a reasonable time to develop and submit the plan in accordance with a certain provision of the Clean Air Act. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 3, 2011 

Mr. JOHANNS introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To prohibit the Administrator of the Environmental Protection Agency from rejecting or otherwise determining to 

be inadequate a State implementation plan in any case 

in which the State submitting the plan has not been 

given a reasonable time to develop and submit the plan 

in accordance with a certain provision of the Clean Air 

Act. 

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


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•S 1805 IS

1 SECTION 1. PROHIBITION ON REJECTION OF STATE IMPLE2 MENTATION PLANS. 

3 (a) IN GENERAL.—The Administrator of the Envi4 ronmental Protection Agency (referred to in this section 

5 as the ‘‘Administrator’’) may not reject, determine to be 

6 inadequate, or require compliance with a Federal imple7 mentation plan submitted under Section 

8 110(a)(2)(D)(i)(I) of the Clean Air Act (42 U.S.C. 7401 

9 et seq.) in any case in which the Administrator has not 

10 provided the State submitting the plan a period of at least 

11 2 years after the date of promulgation of any final rule 

12 establishing an applicable standard intended to reduce the 

13 interstate transport of fine particulate matter and ozone 

14 to develop and submit such a plan in accordance with that 

15 final rule and section 110(d) of the Clean Air Act (42 

16 U.S.C. 7410(d)). 

17 (b) PLANS SUBMITTED DURING DEVELOPMENT PE18 RIOD.—In a case in which a State submits a State imple19 mentation plan to the Administrator during a 2-year de20 velopment period described in subsection (a), the Adminis21 trator may not reject the State implementation plan if, 

22 as a result of such a rejection, the State would be required 

23 to comply with a final rule described in subsection (a) by 

24 not later than 1 year after the date of submission of the 

25 State implementation plan. 


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•S 1805 IS

1 (c) PROVISION OF ADEQUATE DATA, MODELING, 

2 AND SUPPORT DURING DEVELOPMENT PERIOD.—In any 

3 case in which a State requests reasonable technical sup4 port or otherwise requests data (including integrated plan5 ning models and other modeling), clarification, or guid6 ance regarding the content of any final rule or applicable 

7 regulation material to the State implementation plan, the 

8 Administrator shall provide that support, clarification, or 

9 guidance in a timely manner. 

10 (d) EFFECTIVE DATE OF RULE.—Notwithstanding 

11 any finalization of the proposed rule entitled, ‘‘Federal Im12 plementation Plans To Reduce Interstate Transport of 

13 Fine Particulate Matter and Ozone’’ (75 Fed. Reg. 45210 

14 (August 2, 2010)), before the date of enactment of this 

15 Act— 

16 (1) that final rule shall not be or become, as 

17 applicable, effective until a date (to be determined 

18 by the Administrator) that is at least 18 months 

19 after the date of enactment of this Act; and 

20 (2) the date by which compliance with any 

21 standard or requirement under that final rule is re22 quired, and any date for further regulatory action 

23 triggered by that final rule, shall be delayed by a pe24 riod equal to the period— 


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•S 1805 IS

1 (A) beginning on the date of publication of 

2 the final action for the final rule; and 

3 (B) ending on the date on which the final 

4 rule becomes effective pursuant to paragraph 

5 (1). 

6 (e) APPLICABILITY OF CLEAN AIR INTERSTATE

7 RULE DURING INTERIM PERIOD.—Notwithstanding any 

8 other provision of law, the Administrator shall continue 

9 to implement the final rule commonly known as the ‘‘Clean 

10 Air Interstate Rule’’ (70 Fed. Reg. 25162 (May 12, 

11 2005)), and the rule establishing Federal implementation 

12 plans for that rule as promulgated and modified by the 

13 Administrator (71 Fed. Reg. 25288 (April 28, 2006)), (71 

14 Fed. Reg. 25328 (April 28, 2006)), (72 Fed. Reg. 59190 

15 (Oct. 19, 2007)), (72 Fed. Reg. 62338 (Nov. 2, 2007)), 

16 (74 Fed. Reg. 56721 (Nov. 3, 2009)), until the date on 

17 which final action with respect to any Federal regulatory 

18 mandate becomes effective in accordance with this Act. 

Æ 


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