II 

Calendar No. 320 

110TH CONGRESS 

1ST SESSION S. 1785 

To amend the Clean Air Act to establish deadlines by which the Administrator 

of the Environmental Protection Agency shall issue a decision on whether 

to grant certain waivers of preemption under that Act. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2007 

Mr. NELSON of Florida (for himself, Mrs. BOXER, Mr. LAUTENBERG, Mr. 

SANDERS, Mrs. FEINSTEIN, Mr. MENENDEZ, Mr. CARDIN, Mr. 

WHITEHOUSE, and Mr. REED) introduced the following bill; which was 

read twice and referred to the Committee on Environment and Public 

Works 

AUGUST 2, 2007 

Reported by Mrs. BOXER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Clean Air Act to establish deadlines by which 

the Administrator of the Environmental Protection Agency shall issue a decision on whether to grant certain 

waivers of preemption under that 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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2 

•S 1785 RS

1 SECTION 1. WAIVERS OF PREEMPTION. 

2 Section 209 of the Clean Air Act (42 U.S.C. 7543) 

3 is amended by adding at the end the following: 

4 ‘‘(f) WAIVERS OF PREEMPTION.— 

5 ‘‘(1) PENDING REQUESTS.—Not later than 30 

6 days after the date of enactment of this subsection, 

7 but in no case later than September 30, 2007, the 

8 Administrator shall issue to the Governor of each 

9 applicable State a decision on each request for a 

10 waiver of preemption under subsection (b) that— 

11 ‘‘(A) has been submitted by the State; and 

12 ‘‘(B) is pending as of the date of enact13 ment of this subsection. 

14 ‘‘(2) SUBSEQUENT REQUESTS.—With respect to 

15 a request for a waiver of preemption under sub16 section (b) (including such a request submitted by a 

17 State that has adopted and enforced certain stand18 ards as described in section 177) that is submitted 

19 by a State after the date of enactment of this sub20 section, not later than 180 days after the date on 

21 which the Administrator receives the request, the 

22 Administrator shall issue to the Governor of the 

23 State a decision on whether to grant the waiver.’’. 

24 SECTION 1. WAIVERS OF PREEMPTION. 

25 Section 209 of the Clean Air Act (42 U.S.C. 7543) is 

26 amended by adding at the end the following: 


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3 

•S 1785 RS

1 ‘‘(f) WAIVERS OF PREEMPTION.— 

2 ‘‘(1) PENDING REQUESTS.—Not later than 30 

3 days after the date of enactment of this subsection, 

4 but in no case later than September 30, 2007, the Ad5 ministrator shall issue a decision on each request for 

6 a waiver of preemption under subsection (b) that— 

7 ‘‘(A) was submitted before January 31, 

8 2006; and 

9 ‘‘(B) is pending as of the date of enactment 

10 of this subsection. 

11 ‘‘(2) SUBSEQUENT REQUESTS.—With respect to 

12 a request for a waiver of preemption under subsection 

13 (b) that is submitted by a State after the date of en14 actment of this subsection, not later than 180 days 

15 after the date on which the Administrator receives the 

16 request, the Administrator shall issue a decision on 

17 whether to grant the waiver.’’. 


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Calendar No. 320 

110TH CONGRESS 

1ST SESSION S. 1785 

A BILL 

To amend the Clean Air Act to establish deadlines 

under that Act. whether to grant certain waivers of preemption Protection Agency shall issue a decision on by which the Administrator of the Environmental 

AUGUST 2, 2007 

Reported with an amendment 


bajohnson on PROD1PC69 with BILLS