IB 

Union Calendar No. 157 

115TH CONGRESS 

1ST SESSION H. R. 806 

[Report No. 115–222] 

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 

JULY 14, 2017 

Additional sponsors: Mr. ROKITA, Mr. VALADAO, Mr. SESSIONS, Mr. 

GROTHMAN, and Mr. SMITH of Texas 

JULY 14, 2017 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on February 1, 2017] 


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A BILL 

To facilitate efficient State implementation of ground-level 

ozone standards, and for other purposes. 


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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 Imple5 mentation Act of 2017’’. 

6 SEC. 2. FACILITATING STATE IMPLEMENTATION OF EXIST7 ING OZONE STANDARDS. 

8 (a) DESIGNATIONS.— 

9 (1) DESIGNATION SUBMISSION.—Not later than 

10 October 26, 2024, notwithstanding the deadline speci11 fied in paragraph (1)(A) of section 107(d) of the 

12 Clean Air Act (42 U.S.C. 7407(d)), the Governor of 

13 each State shall designate in accordance with such 

14 section 107(d) all areas (or portions thereof) of the 

15 Governor’s State as attainment, nonattainment, or 

16 unclassifiable with respect to the 2015 ozone stand17 ards. 

18 (2) DESIGNATION PROMULGATION.—Not later 

19 than October 26, 2025, notwithstanding the deadline 

20 specified in paragraph (1)(B) of section 107(d) of the 

21 Clean Air Act (42 U.S.C. 7407(d)), the Administrator 

22 shall promulgate final designations under such sec23 tion 107(d) for all areas in all States with respect to 

24 the 2015 ozone standards, including any modificaVerDate Sep 11 2014 22:12 Jul 14, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H806.RH H806

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1 tions to the designations submitted under paragraph 

2 (1). 

3 (3) STATE IMPLEMENTATION PLANS.—Not later 

4 than October 26, 2026, notwithstanding the deadline 

5 specified in section 110(a)(1) of the Clean Air Act (42 

6 U.S.C. 7410(a)(1)), each State shall submit the plan 

7 required by such section 110(a)(1) for the 2015 ozone 

8 standards. 

9 (b) CERTAIN PRECONSTRUCTION PERMITS.— 

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

11 shall not apply to the review and disposition of a 

12 preconstruction permit application if— 

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

14 Tribal permitting authority, as applicable, deter15 mines the application to be complete on or before 

16 the date of promulgation of the final designation 

17 of the area involved under subsection (a)(2); or 

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

19 Tribal permitting authority, as applicable, pub20 lishes a public notice of a preliminary deter21 mination or draft permit for the application be22 fore the date that is 60 days after the date of 

23 promulgation of the final designation of the area 

24 involved under subsection (a)(2). 


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1 (2) RULES OF CONSTRUCTION.—Nothing in this 

2 section shall be construed to— 

3 (A) eliminate the obligation of a 

4 preconstruction permit applicant to install best 

5 available control technology and lowest achiev6 able emission rate technology, as applicable; or 

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

8 Tribal permitting authority to impose more 

9 stringent emissions requirements pursuant to 

10 State, local, or Tribal law than national ambi11 ent air quality standards. 

12 SEC. 3. FACILITATING STATE IMPLEMENTATION OF NA13 TIONAL AMBIENT AIR QUALITY STANDARDS. 

14 (a) TIMELINE FOR REVIEW OF NATIONAL AMBIENT

15 AIR QUALITY STANDARDS.— 

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

17 POLLUTANTS.—Paragraphs (1) and (2)(B) of section 

18 109(d) of the Clean Air Act (42 U.S.C. 7409(d)) are 

19 amended by striking ‘‘five-year intervals’’ each place 

20 it appears and inserting ‘‘10-year intervals’’. 

21 (2) CYCLE FOR NEXT REVIEW OF OZONE CRI22 TERIA AND STANDARDS.—Notwithstanding section 

23 109(d) of the Clean Air Act (42 U.S.C. 7409(d)), the 

24 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 such Act (42 U.S.C. 7408) or the 

4 national ambient air quality standard for ozone 

5 promulgated under section 109 of such Act (42 

6 U.S.C. 7409); or 

7 (B) propose, before such date, any revisions 

8 to such criteria or standard. 

9 (b) CONSIDERATION OF TECHNOLOGICAL FEASI10 BILITY.—Section 109(b)(1) of the Clean Air Act (42 U.S.C. 

11 7409(b)(1)) is amended by inserting after the first sentence 

12 the following: ‘‘If the Administrator, in consultation with 

13 the independent scientific review committee appointed 

14 under subsection (d), finds that a range of levels of air qual15 ity for an air pollutant are requisite to protect public health 

16 with an adequate margin of safety, as described in the pre17 ceding sentence, the Administrator may consider, as a sec18 ondary consideration, likely technological feasibility in es19 tablishing and revising the national primary ambient air 

20 quality standard for such pollutant.’’. 

21 (c) CONSIDERATION OF ADVERSE PUBLIC HEALTH, 

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

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

24 7409(d)(2)) is amended by adding at the end the following: 


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1 ‘‘(D) Prior to establishing or revising a national ambi2 ent air quality standard, the Administrator shall request, 

3 and such committee shall provide, advice under subpara4 graph (C)(iv) regarding any adverse public health, welfare, 

5 social, economic, or energy effects which may result from 

6 various strategies for attainment and maintenance of such 

7 national ambient air quality standard.’’. 

8 (d) TIMELY ISSUANCE OF IMPLEMENTING REGULA9 TIONS AND GUIDANCE.—Section 109 of the Clean Air Act 

10 (42 U.S.C. 7409) is amended by adding at the end the fol11 lowing: 

12 ‘‘(e) TIMELY ISSUANCE OF IMPLEMENTING REGULA13 TIONS AND GUIDANCE.— 

14 ‘‘(1) IN GENERAL.—In publishing any final rule 

15 establishing or revising a national ambient air qual16 ity standard, the Administrator shall, as the Admin17 istrator determines necessary to assist States, permit18 ting authorities, and permit applicants, concurrently 

19 publish regulations and guidance for implementing 

20 the standard, including information relating to sub21 mission and consideration of a preconstruction per22 mit application under the new or revised standard. 

23 ‘‘(2) APPLICABILITY OF STANDARD TO

24 PRECONSTRUCTION PERMITTING.—If the Adminis25 trator fails to publish final regulations and guidance 


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1 that include information relating to submission and 

2 consideration of a preconstruction permit application 

3 under a new or revised national ambient air quality 

4 standard concurrently with such standard, then such 

5 standard shall not apply to the review and disposi6 tion of a preconstruction permit application until the 

7 Administrator has published such final regulations 

8 and guidance. 

9 ‘‘(3) RULES OF CONSTRUCTION.— 

10 ‘‘(A) Nothing in this subsection shall be con11 strued to preclude the Administrator from 

12 issuing regulations and guidance to assist States, 

13 permitting authorities, and permit applicants in 

14 implementing a national ambient air quality 

15 standard subsequent to publishing regulations 

16 and guidance for such standard under para17 graph (1). 

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

19 construed to 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. 

23 ‘‘(C) Nothing in this subsection shall be con24 strued to limit the authority of a State, local, or 

25 Tribal permitting authority to impose more 


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1 stringent emissions requirements pursuant to 

2 State, local, or Tribal law than national ambi3 ent air quality standards. 

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

5 ‘‘(A) The term ‘best available control tech6 nology’ has the meaning given to that term in 

7 section 169(3). 

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

9 rate’ has the meaning given to that term in sec10 tion 171(3). 

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

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

13 under this title for the construction or 

14 modification of a stationary source; and 

15 ‘‘(ii) includes any such permit issued 

16 by the Environmental Protection Agency or 

17 a State, local, or Tribal permitting author18 ity.’’. 

19 (e) CONTINGENCY MEASURES FOR EXTREME OZONE

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

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

22 the end the following: ‘‘Notwithstanding the preceding sen23 tences and any other provision of this Act, such measures 

24 shall not be required for any nonattainment area for ozone 

25 classified as an Extreme Area.’’. 


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1 (f) PLAN SUBMISSIONS AND REQUIREMENTS FOR

2 OZONE NONATTAINMENT AREAS.—Section 182 of the Clean 

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

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

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

6 achievability’’; 

7 (2) in subsection (c)(2)(B)(ii), by inserting ‘‘and 

8 economic feasibility’’ after ‘‘technological 

9 achievability’’; 

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

11 paragraph (1)— 

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

13 (ii) of subsection (c)(2)(B) (relating to reduc14 tions of less than 3 percent), the provisions of 

15 paragaphs’’ and inserting ‘‘The provisions of 

16 paragraphs’’; and 

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

18 clause (ii) of subsection (b)(1)(A) (relating to re19 ductions of less than 15 percent)’’; and 

20 (4) in paragraph (5) of subsection (e), by strik21 ing ‘‘, if the State demonstrates to the satisfaction of 

22 the Administrator that—’’ and all that follows 

23 through the end of the paragraph and inserting a pe24 riod. 


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1 (g) PLAN REVISIONS FOR MILESTONES FOR PARTICU2 LATE MATTER NONATTAINMENT AREAS.—Section 189(c)(1) 

3 of the Clean Air Act (42 U.S.C. 7513a(c)(1)) is amended 

4 by inserting ‘‘, which take into account technological 

5 achievability and economic feasibility,’’ before ‘‘and which 

6 demonstrate reasonable further progress’’. 

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

8 the Clean Air Act (42 U.S.C. 7619(b)(1)(B)) is amended— 

9 (1) in clause (i)— 

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

11 masses or’’ and inserting ‘‘(i)(I) ordinarily oc12 curring stagnation of air masses or (II)’’; and 

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

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

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

16 (i) REPORT ON EMISSIONS EMANATING FROM OUT17 SIDE THE UNITED STATES.—Not later than 24 months 

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

19 in consultation with States, shall submit to the Congress 

20 a report on— 

21 (1) the extent to which foreign sources of air pol22 lution, including emissions from sources located out23 side North America, impact— 

24 (A) designations of areas (or portions there25 of) as nonattainment, attainment, or 


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1 unclassifiable under section 107(d) of the Clean 

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

3 (B) attainment and maintenance of na4 tional ambient air quality standards; 

5 (2) the Environmental Protection Agency’s pro6 cedures and timelines for disposing of petitions sub7 mitted pursuant to section 179B(b) of the Clean Air 

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

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

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

11 each such petition the date initially submitted and 

12 the date of final disposition by the Agency; and 

13 (4) whether the Administrator recommends any 

14 statutory changes to facilitate the more efficient re15 view and disposition of petitions submitted pursuant 

16 to such section 179B(b). 

17 (j) STUDY ON OZONE FORMATION.— 

18 (1) STUDY.—The Administrator, in consultation 

19 with States and the National Oceanic and Atmos20 pheric Administration, shall conduct a study on the 

21 atmospheric formation of ozone and effective control 

22 strategies, including— 

23 (A) the relative contribution of man-made 

24 and naturally occurring nitrogen oxides, volatile 

25 organic compounds, and other pollutants in 


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1 ozone formation in urban and rural areas, in2 cluding during wildfires, and the most cost-effec3 tive control strategies to reduce ozone; and 

4 (B) the science of wintertime ozone forma5 tion, including photochemical modeling of win6 tertime ozone formation, and approaches to cost7 effectively reduce wintertime ozone levels. 

8 (2) PEER REVIEW.—The Administrator shall 

9 have the study peer reviewed by an independent panel 

10 of experts in accordance with the requirements appli11 cable to a highly influential scientific assessment. 

12 (3) REPORT.—The Administrator shall submit to 

13 Congress a report describing the results of the study, 

14 including the findings of the peer review panel. 

15 (4) REGULATIONS AND GUIDANCE.—The Admin16 istrator shall incorporate the results of the study, in17 cluding the findings of the peer review panel, into 

18 any Federal rules and guidance implementing the 

19 2015 ozone standards. 

20 SEC. 4. APPLICABILITY OF SANCTIONS AND FEES IF EMIS21 SIONS BEYOND CONTROL. 

22 The Clean Air Act (42 U.S.C. 7401 et seq.) is amended 

23 by inserting after section 179B the following new section: 


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1 ‘‘SEC. 179C. APPLICABILITY OF SANCTIONS AND FEES IF 

2 EMISSIONS BEYOND CONTROL. 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other provi4 sion of this Act, with respect to any nonattainment area 

5 that is classified under section 181 as severe or extreme for 

6 ozone or under section 188 as serious for particulate matter, 

7 no sanction or fee under section 179 or 185 shall apply 

8 with respect to a State (or a local government or source 

9 therein) on the basis of a deficiency described in section 

10 179(a), or the State’s failure to attain a national ambient 

11 air quality standard for ozone or particulate matter by the 

12 applicable attainment date, if the State demonstrates that 

13 the State would have avoided such deficiency or attained 

14 such standard but for one or more of the following: 

15 ‘‘(1) Emissions emanating from outside the non16 attainment area. 

17 ‘‘(2) Emissions from an exceptional event (as de18 fined in section 319(b)(1)). 

19 ‘‘(3) Emissions from mobile sources to the extent 

20 the State demonstrates that— 

21 ‘‘(A) such emissions are beyond the control 

22 of the State to reduce or eliminate; and 

23 ‘‘(B) the State is fully implementing such 

24 measures as are within the authority of the State 

25 to control emissions from the mobile sources. 


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1 ‘‘(b) NO EFFECT ON UNDERLYING STANDARDS.—The 

2 inapplicability of sanctions or fees with respect to a State 

3 pursuant to subsection (a) does not affect the obligation of 

4 the State (and local governments and sources therein) under 

5 other provisions of this Act to establish and implement 

6 measures to attain a national ambient air quality standard 

7 for ozone or particulate matter. 

8 ‘‘(c) PERIODIC RENEWAL OF DEMONSTRATION.—For 

9 subsection (a) to continue to apply with respect to a State 

10 or local government (or source therein), the State involved 

11 shall renew the demonstration required by subsection (a) 

12 at least once every 5 years.’’. 

13 SEC. 5. DEFINITIONS. 

14 In this Act: 

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the Environ17 mental Protection Agency. 

18 (2) BEST AVAILABLE CONTROL TECHNOLOGY.— 

19 The term ‘‘best available control technology’’ has the 

20 meaning given to that term in section 169(3) of the 

21 Clean Air Act (42 U.S.C. 7479(3)). 

22 (3) HIGHLY INFLUENTIAL SCIENTIFIC ASSESS23 MENT.—The term ‘‘highly influential scientific assess24 ment’’ means a highly influential scientific assess25 ment as defined in the publication of the Office of 


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1 Management and Budget entitled ‘‘Final Information 

2 Quality Bulletin for Peer Review’’ (70 Fed. Reg. 2664 

3 (January 14, 2005)). 

4 (4) LOWEST ACHIEVABLE EMISSION RATE.—The 

5 term ‘‘lowest achievable emission rate’’ has the mean6 ing given to that term in section 171(3) of the Clean 

7 Air Act (42 U.S.C. 7501(3)). 

8 (5) NATIONAL AMBIENT AIR QUALITY STAND9 ARD.—The term ‘‘national ambient air quality stand10 ard’’ means a national ambient air quality standard 

11 promulgated under section 109 of the Clean Air Act 

12 (42 U.S.C. 7409). 

13 (6) PRECONSTRUCTION PERMIT.—The term 

14 ‘‘preconstruction permit’’— 

15 (A) means a permit that is required under 

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

17 seq.) for the construction or modification of a 

18 stationary source; and 

19 (B) includes any such permit issued by the 

20 Environmental Protection Agency or a State, 

21 local, or Tribal permitting authority. 

22 (7) 2015 OZONE STANDARDS.—The term ‘‘2015 

23 ozone standards’’ means the national ambient air 

24 quality standards for ozone published in the Federal 

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


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1 SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED. 

2 No additional funds are authorized to be appropriated 

3 to carry out the requirements of this Act and the amend4 ments made by this Act. Such requirements shall be carried 

5 out using amounts otherwise authorized. 


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Union Calendar No. 157 

115TH CONGRESS 

1ST SESSION H. R. 806 

[Report No. 115–222] 

A BILL 

To facilitate efficient State implementation of 

poses. ground-level ozone standards, and for other purJULY 14, 2017 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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