I 

112TH CONGRESS 

2D SESSION H. R. 5381 

To amend the Clean Air Act with respect to exceptional event demonstrations, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2012 

Mr. FLAKE introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend the Clean Air Act with respect to exceptional 

event demonstrations, 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 ‘‘Commonsense Legisla5 tive Exceptional Events Reforms Act of 2012’’. 

6 SEC. 2. AMENDMENTS TO THE EXCEPTIONAL EVENT PROVI7 SION OF THE CLEAN AIR ACT. 

8 (a) EXCEPTIONAL EVENT DEMONSTRATION.—Sec9 tion 319(b)(3)(B)(iv) of the Clean Air Act (42 U.S.C. 

10 7619(b)(3)(B)(iv)) is amended by striking ‘‘to petition the 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 5381 IH

1 Administrator to’’ and inserting ‘‘to submit a petition (in 

2 this section referred to as an ‘exceptional event dem3 onstration’) to the Administrator to’’. 

4 (b) CRITERIA.—Section 319(b)(3) of the Clean Air 

5 Act (42 U.S.C. 7619(b)(3)) is amended by adding at the 

6 end the following: 

7 ‘‘(C) CRITERIA FOR DETERMINATION OF

8 EXCEPTIONAL EVENT DEMONSTRATION.—The 

9 criteria for evidence, analyses, and documenta10 tion applicable to approval or disapproval of an 

11 exceptional event demonstration under the regu12 lations under this section shall be stated with 

13 specificity in order to minimize the discretion of 

14 the Administrator in approving or disapproving 

15 such demonstration. The Administrator shall 

16 develop such criteria in conjunction with input 

17 from the States. Such criteria shall reflect the 

18 varying level of technical expertise and re19 sources available in State and local agencies 

20 and the varying availability of meteorological 

21 and other monitoring data in rural areas, and 

22 may vary with respect to different regions. In 

23 developing such criteria, the Administrator shall 

24 also consider use of an expedited or streamlined 

25 approval process and conditions under which 


srobinson on DSK4SPTVN1PROD with BILLS
3 

•HR 5381 IH

1 exceptional event demonstrations may be suit2 able for such a process.’’. 

3 (c) TIMING OF APPROVAL OR DISAPPROVAL OF EX4 CEPTIONAL EVENT DEMONSTRATION.—Section 319(b)(3) 

5 of the Clean Air Act (42 U.S.C. 7619(b)(3)) is further 

6 amended by adding at the end the following: 

7 ‘‘(D) TIMING OF DETERMINATION OF EX8 CEPTIONAL EVENT DEMONSTRATION.— 

9 ‘‘(i) DEADLINE FOR DETERMINA10 TION.—Not later than 90 days after sub11 mission of an exceptional event demonstra12 tion, the Administrator shall approve, dis13 approve, or request additional information 

14 from a State regarding such an exceptional 

15 event demonstration. If the Administrator 

16 does not take any action with respect to an 

17 exceptional event demonstration within 

18 such 90-day period, such demonstration 

19 shall be considered approved. 

20 ‘‘(ii) DEADLINE IF ADDITIONAL IN21 FORMATION REQUESTED.—If the Adminis22 trator requests additional information from 

23 a State regarding an exceptional event 

24 demonstration under clause (i), not later 

25 than 90 days after the submission of such 


srobinson on DSK4SPTVN1PROD with BILLS
4 

•HR 5381 IH

1 additional information, the Administrator 

2 shall approve or disapprove such dem3 onstration. If the Administrator does not 

4 approve or disapprove such a demonstra5 tion for which additional information is 

6 submitted within such 90-day period, such 

7 demonstration shall be considered ap8 proved.’’. 

9 (d) BURDEN OF PROOF.—Section 319(b)(3) of the 

10 Clean Air Act (42 U.S.C. 7619(b)(3)) is further amended 

11 by adding at the end the following: 

12 ‘‘(E) BURDEN OF PROOF.—The regula13 tions promulgated under this section shall pro14 vide that a determination by the Administrator 

15 with respect to approval or disapproval of an 

16 exceptional event demonstration be based on a 

17 preponderance of the evidence. In making any 

18 such determination, the Administrator shall ac19 cord substantial deference to the findings of the 

20 State exceptional event demonstration and may 

21 develop and use analyses and consider evidence 

22 not provided by such exceptional event dem23 onstration.’’. 


srobinson on DSK4SPTVN1PROD with BILLS
5 

•HR 5381 IH

1 (e) APPEALS.—Section 319(b)(3) of the Clean Air 

2 Act (42 U.S.C. 7619(b)(3)) is further amended by adding 

3 at the end the following: 

4 ‘‘(F) APPEALS.—Approval or disapproval 

5 by the Administrator of an exceptional event 

6 demonstration shall be considered final action 

7 subject to judicial review under section 

8 307(b).’’. 

9 (f) REVISION OF REGULATIONS.—Not later than 180 

10 days after the date of enactment of this Act, the Adminis11 trator of the Environmental Protection Agency shall revise 

12 the regulations under section 319(b) of the Clean Air Act 

13 (42 U.S.C. 7619(b)) to carry out the amendments made 

14 by this Act. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS