I 

115TH CONGRESS 

1ST SESSION H. R. 806 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2017 

Mr. OLSON (for himself, Mr. FLORES, Mr. LATTA, Mr. BISHOP of Georgia, 

Mr. MCCARTHY, Mr. CUELLAR, Mr. SCALISE, Mr. COSTA, Mr. CRAMER, 

Mr. LONG, Mr. JENKINS of West Virginia, Mr. BURGESS, Mr. RENACCI, 

Mr. HENSARLING, Mr. MCKINLEY, Mr. GUTHRIE, Mr. BUCSHON, Mr. 

JOHNSON of Ohio, Mr. WEBER of Texas, and Mr. BABIN) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

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. FACILITATING STATE IMPLEMENTATION OF EXIST7 ING OZONE STANDARDS. 

8 (a) DESIGNATIONS.— 


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1 (1) DESIGNATION SUBMISSION.—Not later than 

2 October 26, 2024, notwithstanding the deadline 

3 specified in paragraph (1)(A) of section 107(d) of 

4 the Clean Air Act (42 U.S.C. 7407(d)), the Gov5 ernor of each State shall designate in accordance 

6 with such section 107(d) all areas (or portions there7 of) of the Governor’s State as attainment, nonattain8 ment, or unclassifiable with respect to the 2015 

9 ozone standards. 

10 (2) DESIGNATION PROMULGATION.—Not later 

11 than October 26, 2025, notwithstanding the deadline 

12 specified in paragraph (1)(B) of section 107(d) of 

13 the Clean Air Act (42 U.S.C. 7407(d)), the Adminis14 trator shall promulgate final designations under 

15 such section 107(d) for all areas in all States with 

16 respect to the 2015 ozone standards, including any 

17 modifications to the designations submitted under 

18 paragraph (1). 

19 (3) STATE IMPLEMENTATION PLANS.—Not 

20 later than October 26, 2026, notwithstanding the 

21 deadline specified in section 110(a)(1) of the Clean 

22 Air Act (42 U.S.C. 7410(a)(1)), each State shall 

23 submit the plan required by such section 110(a)(1) 

24 for the 2015 ozone standards. 

25 (b) CERTAIN PRECONSTRUCTION PERMITS.— 


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

2 shall not apply to the review and disposition of a 

3 preconstruction permit application if— 

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

5 or tribal permitting authority, as applicable, de6 termines the application to be complete on or 

7 before the date of promulgation of the final des8 ignation of the area involved under subsection 

9 (a)(2); or 

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

11 or tribal permitting authority, as applicable, 

12 publishes a public notice of a preliminary deter13 mination or draft permit for the application be14 fore the date that is 60 days after the date of 

15 promulgation of the final designation of the 

16 area involved under subsection (a)(2). 

17 (2) RULES OF CONSTRUCTION.—Nothing in 

18 this section shall be construed to— 

19 (A) eliminate the obligation of a 

20 preconstruction permit applicant to install best 

21 available control technology and lowest achiev22 able emission rate technology, as applicable; or 

23 (B) limit the authority of a State, local, or 

24 tribal permitting authority to impose more 

25 stringent emissions requirements pursuant to 


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1 State, local, or tribal law than national ambient 

2 air quality standards. 

3 SEC. 3. FACILITATING STATE IMPLEMENTATION OF NA4 TIONAL AMBIENT AIR QUALITY STANDARDS. 

5 (a) TIMELINE FOR REVIEW OF NATIONAL AMBIENT

6 AIR QUALITY STANDARDS.— 

7 (1) TEN-YEAR CYCLE FOR ALL CRITERIA AIR

8 POLLUTANTS.—Paragraphs (1) and (2)(B) of sec9 tion 109(d) of the Clean Air Act (42 U.S.C. 

10 7409(d)) are amended by striking ‘‘five-year inter11 vals’’ each place it appears and inserting ‘‘10-year 

12 intervals’’. 

13 (2) CYCLE FOR NEXT REVIEW OF OZONE CRI14 TERIA AND STANDARDS.—Notwithstanding section 

15 109(d) of the Clean Air Act (42 U.S.C. 7409(d)), 

16 the Administrator shall not— 

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

18 review of the criteria for ozone published under 

19 section 108 of such Act (42 U.S.C. 7408) or 

20 the national ambient air quality standard for 

21 ozone promulgated under section 109 of such 

22 Act (42 U.S.C. 7409); or 

23 (B) propose, before such date, any revi24 sions to such criteria or standard. 


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1 (b) CONSIDERATION OF TECHNOLOGICAL FEASI2 BILITY.—Section 109(b)(1) of the Clean Air Act (42 

3 U.S.C. 7409(b)(1)) is amended by inserting after the first 

4 sentence the following: ‘‘If the Administrator, in consulta5 tion with the independent scientific review committee ap6 pointed under subsection (d), finds that a range of levels 

7 of air quality for an air pollutant are requisite to protect 

8 public health with an adequate margin of safety, as de9 scribed in the preceding sentence, the Administrator may 

10 consider, as a secondary consideration, likely technological 

11 feasibility in establishing and revising the national pri12 mary ambient air quality standard for such pollutant.’’. 

13 (c) CONSIDERATION OF ADVERSE PUBLIC HEALTH, 

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

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

16 7409(d)(2)) is amended by adding at the end the fol17 lowing: 

18 ‘‘(D) Prior to establishing or revising a national am19 bient air quality standard, the Administrator shall re20 quest, and such committee shall provide, advice under sub21 paragraph (C)(iv) regarding any adverse public health, 

22 welfare, social, economic, or energy effects which may re23 sult from various strategies for attainment and mainte24 nance of such national ambient 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) IN GENERAL.—In publishing any final rule 

8 establishing or revising a national ambient air qual9 ity standard, the Administrator shall, as the Admin10 istrator determines necessary to assist States, per11 mitting authorities, and permit applicants, concur12 rently publish regulations and guidance for imple13 menting the standard, including information relating 

14 to submission and consideration of a preconstruction 

15 permit application under the new or revised stand16 ard. 

17 ‘‘(2) APPLICABILITY OF STANDARD TO

18 PRECONSTRUCTION PERMITTING.—If the Adminis19 trator fails to publish final regulations and guidance 

20 that include information relating to submission and 

21 consideration of a preconstruction permit application 

22 under a new or revised national ambient air quality 

23 standard concurrently with such standard, then such 

24 standard shall not apply to the review and disposi25 tion of a preconstruction permit application until the 


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1 Administrator has published such final regulations 

2 and guidance. 

3 ‘‘(3) RULES OF CONSTRUCTION.— 

4 ‘‘(A) Nothing in this subsection shall be 

5 construed to preclude 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 subsequent to publishing regu10 lations and guidance for such standard under 

11 paragraph (1). 

12 ‘‘(B) Nothing in this subsection shall be 

13 construed to eliminate the obligation of a 

14 preconstruction permit applicant to install best 

15 available control technology and lowest achiev16 able emission rate technology, as applicable. 

17 ‘‘(C) Nothing in this subsection shall be 

18 construed to limit the authority of a State, 

19 local, or tribal permitting authority to impose 

20 more stringent emissions requirements pursu21 ant to State, local, or tribal law than national 

22 ambient air quality standards. 

23 ‘‘(4) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) The term ‘best available control tech2 nology’ has the meaning given to that term in 

3 section 169(3). 

4 ‘‘(B) The term ‘lowest achievable emission 

5 rate’ has the meaning given to that term in sec6 tion 171(3). 

7 ‘‘(C) The term ‘preconstruction permit’— 

8 ‘‘(i) means a permit that is required 

9 under this title for the construction or 

10 modification of a stationary source; and 

11 ‘‘(ii) includes any such permit issued 

12 by the Environmental Protection Agency 

13 or a State, local, or tribal permitting au14 thority.’’. 

15 (e) CONTINGENCY MEASURES FOR EXTREME OZONE

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

17 Air Act (42 U.S.C. 7502(c)(9)) is amended by adding at 

18 the end the following: ‘‘Notwithstanding the preceding 

19 sentences and any other provision of this Act, such meas20 ures shall not be required for any nonattainment area for 

21 ozone classified as an Extreme Area.’’. 

22 (f) PLAN SUBMISSIONS AND REQUIREMENTS FOR

23 OZONE NONATTAINMENT AREAS.—Section 182 of the 

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


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

2 ‘‘and economic feasibility’’ after ‘‘technological 

3 achievability’’; 

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

5 ‘‘and economic feasibility’’ after ‘‘technological 

6 achievability’’; 

7 (3) in subsection (e), in the matter preceding 

8 paragraph (1)— 

9 (A) by striking ‘‘The provisions of clause 

10 (ii) of subsection (c)(2)(B) (relating to reduc11 tions of less than 3 percent), the provisions of 

12 paragaphs’’ and inserting ‘‘The provisions of 

13 paragraphs’’; and 

14 (B) by striking ‘‘, and the provisions of 

15 clause (ii) of subsection (b)(1)(A) (relating to 

16 reductions of less than 15 percent)’’; and 

17 (4) in paragraph (5) of subsection (e), by strik18 ing ‘‘, if the State demonstrates to the satisfaction 

19 of the Administrator that—’’ and all that follows 

20 through the end of the paragraph and inserting a 

21 period. 

22 (g) PLAN REVISIONS FOR MILESTONES FOR PARTIC23 ULATE MATTER NONATTAINMENT AREAS.—Section 

24 189(c)(1) of the Clean Air Act (42 U.S.C. 7513a(c)(1)) 

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1 logical achievability and economic feasibility,’’ before ‘‘and 

2 which demonstrate reasonable further progress’’. 

3 (h) EXCEPTIONAL EVENTS.—Section 319(b)(1)(B) 

4 of the Clean Air Act (42 U.S.C. 7619(b)(1)(B)) is amend5 ed— 

6 (1) in clause (i)— 

7 (A) by striking ‘‘(i) stagnation of air 

8 masses or’’ and inserting ‘‘(i)(I) ordinarily oc9 curring stagnation of air masses or (II)’’; and 

10 (B) by inserting ‘‘or’’ after the semicolon; 

11 (2) by striking clause (ii); and 

12 (3) by redesignating clause (iii) as clause (ii). 

13 (i) REPORT ON EMISSIONS EMANATING FROM OUT14 SIDE THE UNITED STATES.—Not later than 24 months 

15 after the date of enactment of this Act, the Administrator, 

16 in consultation with States, shall submit to the Congress 

17 a report on— 

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

19 pollution, including emissions from sources located 

20 outside North America, impact— 

21 (A) designations of areas (or portions 

22 thereof) as nonattainment, attainment, or 

23 unclassifiable under section 107(d) of the Clean 

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


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1 (B) attainment and maintenance of na2 tional ambient air quality standards; 

3 (2) the Environmental Protection Agency’s pro4 cedures and timelines for disposing of petitions sub5 mitted pursuant to section 179B(b) of the Clean Air 

6 Act (42 U.S.C. 7509a(b)); 

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

8 Agency pursuant to such section 179B(b), and for 

9 each such petition the date initially submitted and 

10 the date of final disposition by the Agency; and 

11 (4) whether the Administrator recommends any 

12 statutory changes to facilitate the more efficient re13 view and disposition of petitions submitted pursuant 

14 to such section 179B(b). 

15 (j) STUDY ON OZONE FORMATION.— 

16 (1) STUDY.—The Administrator, in consulta17 tion with States and the National Oceanic and At18 mospheric Administration, shall conduct a study on 

19 the atmospheric formation of ozone and effective 

20 control strategies, including— 

21 (A) the relative contribution of man-made 

22 and naturally occurring nitrogen oxides, volatile 

23 organic compounds, and other pollutants in 

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1 cluding during wildfires, and the most cost-ef2 fective control strategies to reduce ozone; and 

3 (B) the science of wintertime ozone forma4 tion, including photochemical modeling of win5 tertime ozone formation, and approaches to 

6 cost-effectively reduce wintertime ozone levels. 

7 (2) PEER REVIEW.—The Administrator shall 

8 have the study peer reviewed by an independent 

9 panel of experts in accordance with the requirements 

10 applicable to a highly influential scientific assess11 ment. 

12 (3) REPORT.—The Administrator shall submit 

13 to Congress a report describing the results of the 

14 study, including the findings of the peer review 

15 panel. 

16 (4) REGULATIONS AND GUIDANCE.—The Ad17 ministrator shall incorporate the results of the 

18 study, including the findings of the peer review 

19 panel, into any Federal rules and guidance imple20 menting the 2015 ozone standards. 

21 SEC. 4. DEFINITIONS. 

22 In this Act: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Environ25 mental Protection Agency. 


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1 (2) BEST AVAILABLE CONTROL TECH2 NOLOGY.—The term ‘‘best available control tech3 nology’’ has the meaning given to that term in sec4 tion 169(3) of the Clean Air Act (42 U.S.C. 

5 7479(3)). 

6 (3) HIGHLY INFLUENTIAL SCIENTIFIC ASSESS7 MENT.—The term ‘‘highly influential scientific as8 sessment’’ means a highly influential scientific as9 sessment as defined in the publication of the Office 

10 of Management and Budget entitled ‘‘Final Informa11 tion Quality Bulletin for Peer Review’’ (70 Fed. 

12 Reg. 2664 (January 14, 2005)). 

13 (4) LOWEST ACHIEVABLE EMISSION RATE.— 

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

15 meaning given to that term in section 171(3) of the 

16 Clean Air Act (42 U.S.C. 7501(3)). 

17 (5) NATIONAL AMBIENT AIR QUALITY STAND18 ARD.—The term ‘‘national ambient air quality 

19 standard’’ means a national ambient air quality 

20 standard promulgated under section 109 of the 

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

22 (6) PRECONSTRUCTION PERMIT.—The term 

23 ‘‘preconstruction permit’’— 

24 (A) means a permit that is required under 

25 title I of the Clean Air Act (42 U.S.C. 7401 et 


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1 seq.) for the construction or modification of a 

2 stationary source; and 

3 (B) includes any such permit issued by the 

4 Environmental Protection Agency or a State, 

5 local, or tribal permitting authority. 

6 (7) 2015 OZONE STANDARDS.—The term ‘‘2015 

7 ozone standards’’ means the national ambient air 

8 quality standards for ozone published in the Federal 

9 Register on October 26, 2015 (80 Fed. Reg. 65292). 

10 SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. 

11 No additional funds are authorized to be appro12 priated to carry out the requirements of this Act and the 

13 amendments made by this Act. Such requirements shall 

14 be carried out using amounts otherwise authorized. 

Æ 


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