I 

113TH CONGRESS 

2D SESSION H. R. 4799 

To amend the Clean Air Act to give States adequate time to revise their 

State implementation plans to prevent emissions activity within such 

States from contributing significantly to nonattainment in, or interfering 

with maintenance by, any other State with respect to any national ambient air quality standard, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 2014 

Mr. OLSON (for himself, Mr. POMPEO, Mr. SESSIONS, Mr. BURGESS, Mr. 

LONG, and Mr. CONAWAY) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Clean Air Act to give States adequate time 

to revise their State implementation plans to prevent 

emissions activity within such States from contributing 

significantly to nonattainment in, or interfering with 

maintenance by, any other State with respect to any 

national ambient air quality standard, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Clean Air Fairness 

3 Act of 2014’’. 

4 SEC. 2. GIVING STATES ADEQUATE TIME TO REVISE SIPS 

5 TO ADDRESS INTERSTATE TRANSPORT OF 

6 AIR EMISSIONS. 

7 (a) AMENDMENT TO THE CLEAN AIR ACT.—Section 

8 110(a) of the Clean Air Act (42 U.S.C. 7410(a)) is 

9 amended by adding at the end the following: 

10 ‘‘(7) Notwithstanding the 2-year period for promul11 gating a Federal implementation plan described in sub12 section (c)(1), the Administrator shall not promulgate a 

13 Federal implementation plan, and a State shall not be sub14 ject to any penalty under this Act, for failure of its State 

15 implementation plan to meet the requirements of para16 graph (2)(D)(i)(I) unless and until— 

17 ‘‘(A) the Administrator, after providing notice 

18 and an opportunity for comment, promulgates a 

19 final rule identifying the emissions reductions nec20 essary to meet such requirements; and 

21 ‘‘(B) the Administrator provides such State 

22 with at least 2 years from the date of promulgation 

23 of such final rule to revise its State implementation 

24 plan to provide for such emissions reductions.’’. 

25 (b) CROSS-STATE AIR POLLUTION RULE.— 


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1 (1) IN GENERAL.—Notwithstanding the 2-year 

2 period for promulgating a Federal implementation 

3 plan described in section 110(c)(1) of the Clean Air 

4 Act (42 U.S.C. 7410(c)(1)), the Administrator of 

5 the Environmental Protection Agency shall not pro6 mulgate, implement, or enforce a Federal implemen7 tation plan, and a State shall not be subject to any 

8 penalty under such Act, for failure of its State im9 plementation plan to meet the State’s obligations 

10 under section 110(a)(2)(D)(i)(I) of such Act (42 

11 U.S.C. 7410(a)(2)(D)(i)(I)) set forth in CSAPR un12 less and until— 

13 (A) the Administrator, after taking into 

14 consideration the Supreme Court’s decision in 

15 Environmental Protection Agency et al. v. EME 

16 Homer City Generation, L.P., et al., 134 S. Ct. 

17 1584 (2014), publishes a final notice in the 

18 Federal Register indicating the Administrator’s 

19 intent to implement and enforce such obliga20 tions; and 

21 (B) the Administrator provides such State 

22 with at least 2 years from the date of such pub23 lication to revise its State implementation plan 

24 to address such obligations. 


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1 (2) CSAPR DEFINITION.—In this subsection, 

2 the term ‘‘CSAPR’’ means the rule entitled ‘‘Federal 

3 Implementation Plans: Interstate Transport of Fine 

4 Particulate Matter and Ozone and Correction of SIP 

5 Approvals’’ published at 76 Fed. Reg. 48208 (Au6 gust 8, 2011) and any subsequent revisions to such 

7 rule. 

Æ 


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