II 

115TH CONGRESS 

1ST SESSION S. 263 

To facilitate efficient State implementation of ground-level ozone standards, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2017 

Mrs. CAPITO (for herself, Mr. FLAKE, Mr. MANCHIN, Mrs. FISCHER, Mr. 

CORNYN, and Mr. INHOFE) introduced the following bill; which was read 

twice and referred to the Committee on Environment and Public Works 

A BILL 

To facilitate efficient State implementation of ground-level 

ozone 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 ‘‘Ozone Standards Im5 plementation Act of 2017’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) 2015 OZONE STANDARDS.—The term ‘‘2015 

9 ozone standards’’ means the ozone standards de10 scribed in the final rule entitled ‘‘National Ambient 


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1 Air Quality Standards for Ozone’’ (80 Fed. Reg. 

2 65292 (October 26, 2015)). 

3 (2) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (3) BEST AVAILABLE CONTROL TECH7 NOLOGY.—The term ‘‘best available control tech8 nology’’ has the meaning given the term in section 

9 169 of the Clean Air Act (42 U.S.C. 7479). 

10 (4) LOWEST ACHIEVABLE EMISSION RATE.— 

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

12 meaning given the term in section 171 of the Clean 

13 Air Act (42 U.S.C. 7501). 

14 (5) NATIONAL AMBIENT AIR QUALITY STAND15 ARD.—The term ‘‘national ambient air quality 

16 standard’’ means a national ambient air quality 

17 standard promulgated under section 109 of the 

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

19 (6) PRECONSTRUCTION PERMIT.— 

20 (A) IN GENERAL.—The term ‘‘preconstruc21 tion permit’’ means a permit that is required 

22 under part C or D of title I of the Clean Air 

23 Act (42 U.S.C. 7470 et seq.) for the construc24 tion or modification of a major emitting facility 

25 or major stationary source. 


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1 (B) INCLUSION.—The term ‘‘preconstruc2 tion permit’’ includes a permit described in sub3 paragraph (A) issued by the Administrator or a 

4 State, local, or tribal permitting authority. 

5 SEC. 3. FACILITATING STATE IMPLEMENTATION OF EXIST6 ING OZONE STANDARDS. 

7 (a) DESIGNATIONS.— 

8 (1) DESIGNATION SUBMISSION.—Notwithstand9 ing the deadline specified in paragraph (1)(A) of 

10 section 107(d) of the Clean Air Act (42 U.S.C. 

11 7407(d)), not later than October 26, 2024, the Gov12 ernor of each State shall designate in accordance 

13 with that section all areas (or portions of areas) of 

14 the State as attainment, nonattainment, or 

15 unclassifiable with respect to the 2015 ozone stand16 ards. 

17 (2) DESIGNATION PROMULGATION.—Notwith18 standing the deadline specified in paragraph (1)(B) 

19 of section 107(d) of the Clean Air Act (42 U.S.C. 

20 7407(d)), not later than October 26, 2025, the Ad21 ministrator shall promulgate a final designation 

22 under that section for all areas in all States with re23 spect to the 2015 ozone standards, including any 

24 modifications to the designations submitted under 

25 paragraph (1). 


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1 (3) STATE IMPLEMENTATION PLANS.—Notwith2 standing the deadline specified in section 110(a)(1) 

3 of the Clean Air Act (42 U.S.C. 7410(a)(1)), not 

4 later than October 26, 2026, each State shall submit 

5 to the Administrator an implementation plan under 

6 that section with respect to the 2015 ozone stand7 ards. 

8 (b) CERTAIN PRECONSTRUCTION PERMITS.— 

9 (1) IN GENERAL.—The 2015 ozone standards 

10 shall not apply to the review and disposition of a 

11 preconstruction permit application if— 

12 (A) the Administrator or the State, local, 

13 or tribal permitting authority, as applicable, de14 termines the application to be complete on or 

15 before the date of promulgation of final des16 ignations under subsection (a)(2); or 

17 (B) the Administrator or the State, local, 

18 or tribal permitting authority, as applicable, 

19 publishes a public notice of a preliminary deter20 mination or draft permit for the application be21 fore the date that is 60 days after the date of 

22 promulgation of the final designation of the rel23 evant area under subsection (a)(2). 

24 (2) RULES OF CONSTRUCTION.—Nothing in 

25 this section— 


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1 (A) eliminates the obligation of a precon2 struction permit applicant to install best avail3 able control technology and lowest achievable 

4 emission rate technology, as applicable; or 

5 (B) limits the authority of a State, local, 

6 or tribal permitting authority to impose more 

7 stringent emissions requirements pursuant to 

8 State, local, or tribal law than the Federal na9 tional ambient air quality standards established 

10 by the Administrator. 

11 SEC. 4. FACILITATING STATE IMPLEMENTATION OF NA12 TIONAL AMBIENT AIR QUALITY STANDARDS. 

13 (a) CONSIDERATION OF TECHNOLOGICAL FEASI14 BILITY.—Section 109(b) of the Clean Air Act (42 U.S.C. 

15 7409(b)) is amended— 

16 (1) by striking ‘‘(b)(1) National’’ and inserting 

17 the following: 

18 ‘‘(b) REQUIREMENTS.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) PUBLIC HEALTH.—National’’; and 

21 (2) in paragraph (1)(A) (as so designated), in 

22 the second sentence, by striking ‘‘Such’’ and insert23 ing the following: 

24 ‘‘(B) TECHNOLOGICAL FEASIBILITY.—If 

25 the Administrator, in consultation with the 


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1 independent scientific review committee ap2 pointed under subsection (d), finds that a range 

3 of levels of air quality for an air pollutant are 

4 requisite to protect public health with an ade5 quate margin of safety, as described in subpara6 graph (A), the Administrator may consider, as 

7 a secondary consideration, likely technological 

8 feasibility in establishing and revising the na9 tional primary ambient air quality standard for 

10 the pollutant.’’. 

11 (b) TIMELINE FOR REVIEW OF NATIONAL AMBIENT

12 AIR QUALITY STANDARDS.— 

13 (1) 10-YEAR CYCLE FOR ALL CRITERIA AIR

14 POLLUTANTS.—Section 109(d) of the Clean Air Act 

15 (42 U.S.C. 7409(d)) is amended— 

16 (A) in paragraph (1), by striking ‘‘five17 year intervals’’ and inserting ‘‘10-year inter18 vals’’; and 

19 (B) in paragraph (2)(B), by striking ‘‘five20 year intervals’’ and inserting ‘‘10-year inter21 vals’’. 

22 (2) CYCLE FOR NEXT REVIEW OF OZONE CRI23 TERIA AND STANDARDS.—Notwithstanding section 

24 109(d) of the Clean Air Act (42 U.S.C. 7409(d)), 

25 the Administrator shall not— 


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1 (A) complete, before October 26, 2025, any 

2 review of the criteria for ozone published under 

3 section 108 of that Act (42 U.S.C. 7408) or the 

4 national ambient air quality standard for ozone 

5 promulgated under section 109 of that Act (42 

6 U.S.C. 7409); or 

7 (B) propose, before October 26, 2025, any 

8 revisions to those criteria or standards. 

9 (c) CONSIDERATION OF ADVERSE PUBLIC HEALTH, 

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

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

12 7409(d)(2)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(D) ADVICE FROM SCIENTIFIC REVIEW

15 COMMITTEE.—Before establishing or revising a 

16 national ambient air quality standard, the Ad17 ministrator shall request, and the scientific re18 view committee appointed under subparagraph 

19 (A) shall provide, advice under subparagraph 

20 (C)(iv) regarding any adverse public health, 

21 welfare, social, economic, or energy effects 

22 which may result from various strategies for at23 tainment and maintenance of the national am24 bient air quality standard.’’. 


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1 (d) TIMELY ISSUANCE OF IMPLEMENTING REGULA2 TIONS AND GUIDANCE.—Section 109 of the Clean Air Act 

3 (42 U.S.C. 7409) is amended by adding at the end the 

4 following: 

5 ‘‘(e) TIMELY ISSUANCE OF IMPLEMENTING REGULA6 TIONS AND GUIDANCE.— 

7 ‘‘(1) DEFINITIONS.—In this subsection: 

8 ‘‘(A) BEST AVAILABLE CONTROL TECH9 NOLOGY.—The term ‘best available control 

10 technology’ has the meaning given that term in 

11 section 169. 

12 ‘‘(B) LOWEST ACHIEVABLE EMISSION

13 RATE.—The term ‘lowest achievable emission 

14 rate’ has the meaning given that term in sec15 tion 171. 

16 ‘‘(C) PRECONSTRUCTION PERMIT.— 

17 ‘‘(i) IN GENERAL.—The term ‘precon18 struction permit’ means a permit that is 

19 required under part C or D for the con20 struction or modification of a major emit21 ting facility or major stationary source. 

22 ‘‘(ii) INCLUSION.—The term ‘precon23 struction permit’ includes any permit de24 scribed in clause (i) issued by the AdminisVerDate Sep 11 2014 19:07 Feb 06, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263

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1 trator or a State, local, or tribal permitting 

2 authority. 

3 ‘‘(2) GUIDANCE FOR IMPLEMENTATION.—In 

4 publishing any final rule establishing or revising a 

5 national ambient air quality standard, the Adminis6 trator shall, as the Administrator determines nec7 essary to assist States, permitting authorities, and 

8 permit applicants, concurrently publish final regula9 tions and guidance for implementing the national 

10 ambient air quality standard, including information 

11 relating to submission and consideration of a 

12 preconstruction permit application under the new or 

13 revised national ambient air quality standard. 

14 ‘‘(3) APPLICABILITY OF NATIONAL AMBIENT

15 AIR QUALITY STANDARD TO PRECONSTRUCTION PER16 MITTING.—If the Administrator fails to publish the 

17 final regulations and guidance referred to in para18 graph (2) that include information relating to sub19 mission and consideration of a preconstruction per20 mit application under a new or revised national am21 bient air quality standard concurrently with the na22 tional ambient air quality standard, the new or re23 vised national ambient air quality standard shall not 

24 apply to the review and disposition of a preconstruc25 tion permit application until the date on which the 


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1 Administrator publishes the final regulations and 

2 guidance. 

3 ‘‘(4) RULES OF CONSTRUCTION.—Nothing in 

4 this subsection— 

5 ‘‘(A) precludes the Administrator from 

6 issuing regulations and guidance to assist 

7 States, permitting authorities, and permit appli8 cants in implementing a national ambient air 

9 quality standard after the publication of final 

10 regulations and guidance for the national ambi11 ent air quality standard under paragraph (2); 

12 ‘‘(B) eliminates the obligation of a precon13 struction permit applicant to install best avail14 able control technology and lowest achievable 

15 emission rate technology, as applicable; or 

16 ‘‘(C) limits the authority of a State, local, 

17 or tribal permitting authority to impose more 

18 stringent emissions requirements pursuant to 

19 State, local, or tribal law than the Federal na20 tional ambient air quality standards established 

21 by the Administrator.’’. 

22 (e) CONTINGENCY MEASURES FOR EXTREME OZONE

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

24 Air Act (42 U.S.C. 7502(c)(9)) is amended— 


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1 (1) in the first sentence, by striking ‘‘Such’’ 

2 and inserting the following: 

3 ‘‘(A) SPECIFIC MEASURES.—A nonattain4 ment’’; 

5 (2) in the second sentence, by striking ‘‘Such 

6 measures’’ and inserting the following: 

7 ‘‘(B) CONTINGENCY MEASURES.—The spe8 cific measures referred to in subparagraph 

9 (A)’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(C) EXTREME AREAS.—Notwithstanding 

12 subparagraphs (A) and (B) and any other pro13 vision of this Act, the specific measures referred 

14 to in subparagraphs (A) and (B) shall not be 

15 required for any nonattainment area for ozone 

16 classified as an Extreme Area.’’. 

17 (f) PLAN SUBMISSIONS AND REQUIREMENTS FOR

18 OZONE NONATTAINMENT AREAS.—Section 182 of the 

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

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

21 ‘‘and economic feasibility’’ after ‘‘technological 

22 achievability’’; 

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

24 ‘‘and economic feasibility’’ after ‘‘technological 

25 achievability’’; and 


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1 (3) in subsection (e)— 

2 (A) in the matter preceding paragraph (1), 

3 by striking the second sentence and inserting 

4 ‘‘Paragraphs (6), (7), and (8) of subsection (c) 

5 (relating to de minimis rule and modification of 

6 sources) shall not apply in the case of an Ex7 treme Area.’’; and 

8 (B) in paragraph (5), in the matter pre9 ceding subparagraph (A), by striking ‘‘, if the 

10 State demonstrates to the satisfaction of the 

11 Administrator that—’’ and all that follows 

12 through ‘‘Any reference to’’ in the last sentence 

13 of the undesignated matter following subpara14 graph (B) and inserting the following: 

15 ‘‘(6) REFERENCES.—Any reference to’’. 

16 (g) PLAN REVISIONS FOR MILESTONES FOR PARTIC17 ULATE MATTER NONATTAINMENT AREAS.—Section 

18 189(c)(1) of the Clean Air Act (42 U.S.C. 7513a(c)(1)) 

19 is amended by inserting ‘‘, which take into account techno20 logical achievability and economic feasibility,’’ after ‘‘re21 designated attainment’’. 

22 (h) EXCEPTIONAL EVENTS.—Section 319(b)(1) of 

23 the Clean Air Act (42 U.S.C. 7619(b)(1)) is amended by 

24 striking subparagraph (B) and inserting the following: 


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1 ‘‘(B) EXCLUSIONS.—In this subsection, 

2 the term ‘exceptional event’ does not include— 

3 ‘‘(i) ordinarily occurring stagnation of 

4 air masses; 

5 ‘‘(ii) meteorological inversions; or 

6 ‘‘(iii) air pollution relating to source 

7 noncompliance.’’. 

8 (i) REPORT ON EMISSIONS EMANATING FROM OUT9 SIDE THE UNITED STATES.—Not later than 2 years after 

10 the date of enactment of this Act, the Administrator, in 

11 consultation with States, shall submit to Congress a report 

12 that describes— 

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

14 pollution, including emissions from sources located 

15 outside North America, impact— 

16 (A) designations of areas (or portions of 

17 areas) as nonattainment, attainment, or unclas18 sifiable under section 107(d) of the Clean Air 

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

20 (B) attainment and maintenance of na21 tional ambient air quality standards; 

22 (2) the procedures and timelines of the Admin23 istrator for the disposition of petitions submitted 

24 under subsection (b) of section 179B of the Clean 

25 Air Act (42 U.S.C. 7509a); 


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

2 Administrator under that section (42 U.S.C. 7509a) 

3 and, for each petition— 

4 (A) the date on which the petition was ini5 tially submitted to the Administrator; and 

6 (B) the date of final disposition by the Ad7 ministrator; and 

8 (4) whether the Administrator recommends any 

9 statutory changes to facilitate the more efficient re10 view and disposition of petitions submitted under 

11 that section (42 U.S.C. 7509). 

Æ 


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