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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 806 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  1st Session
                                H. R. 806

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2017

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT

 
  To facilitate efficient State implementation of ground-level ozone 
                   standards, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ozone Standards Implementation Act 
of 2017''.

SEC. 2. FACILITATING STATE IMPLEMENTATION OF EXISTING OZONE STANDARDS.

    (a) Designations.--
            (1) Designation submission.--Not later than October 26, 
        2024, notwithstanding the deadline specified in paragraph 
        (1)(A) of section 107(d) of the Clean Air Act (42 U.S.C. 
        7407(d)), the Governor of each State shall designate in 
        accordance with such section 107(d) all areas (or portions 
        thereof) of the Governor's State as attainment, nonattainment, 
        or unclassifiable with respect to the 2015 ozone standards.
            (2) Designation promulgation.--Not later than October 26, 
        2025, notwithstanding the deadline specified in paragraph 
        (1)(B) of section 107(d) of the Clean Air Act (42 U.S.C. 
        7407(d)), the Administrator shall promulgate final designations 
        under such section 107(d) for all areas in all States with 
        respect to the 2015 ozone standards, including any 
        modifications to the designations submitted under paragraph 
        (1).
            (3) State implementation plans.--Not later than October 26, 
        2026, notwithstanding the deadline specified in section 
        110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)), each 
        State shall submit the plan required by such section 110(a)(1) 
        for the 2015 ozone standards.
    (b) Certain Preconstruction Permits.--
            (1) In general.--The 2015 ozone standards shall not apply 
        to the review and disposition of a preconstruction permit 
        application if--
                    (A) the Administrator or the State, local, or 
                Tribal permitting authority, as applicable, determines 
                the application to be complete on or before the date of 
                promulgation of the final designation of the area 
                involved under subsection (a)(2); or
                    (B) the Administrator or the State, local, or 
                Tribal permitting authority, as applicable, publishes a 
                public notice of a preliminary determination or draft 
                permit for the application before the date that is 60 
                days after the date of promulgation of the final 
                designation of the area involved under subsection 
                (a)(2).
            (2) Rules of construction.--Nothing in this section shall 
        be construed to--
                    (A) eliminate the obligation of a preconstruction 
                permit applicant to install best available control 
                technology and lowest achievable emission rate 
                technology, as applicable; or
                    (B) limit the authority of a State, local, or 
                Tribal permitting authority to impose more stringent 
                emissions requirements pursuant to State, local, or 
                Tribal law than national ambient air quality standards.

SEC. 3. FACILITATING STATE IMPLEMENTATION OF NATIONAL AMBIENT AIR 
              QUALITY STANDARDS.

    (a) Timeline for Review of National Ambient Air Quality 
Standards.--
            (1) Ten-year cycle for all criteria air pollutants.--
        Paragraphs (1) and (2)(B) of section 109(d) of the Clean Air 
        Act (42 U.S.C. 7409(d)) are amended by striking ``five-year 
        intervals'' each place it appears and inserting ``10-year 
        intervals''.
            (2) Cycle for next review of ozone criteria and 
        standards.--Notwithstanding section 109(d) of the Clean Air Act 
        (42 U.S.C. 7409(d)), the Administrator shall not--
                    (A) complete, before October 26, 2025, any review 
                of the criteria for ozone published under section 108 
                of such Act (42 U.S.C. 7408) or the national ambient 
                air quality standard for ozone promulgated under 
                section 109 of such Act (42 U.S.C. 7409); or
                    (B) propose, before such date, any revisions to 
                such criteria or standard.
    (b) Consideration of Technological Feasibility.--Section 109(b)(1) 
of the Clean Air Act (42 U.S.C. 7409(b)(1)) is amended by inserting 
after the first sentence the following: ``If the Administrator, in 
consultation with the independent scientific review committee appointed 
under subsection (d), finds that a range of levels of air quality for 
an air pollutant are requisite to protect public health with an 
adequate margin of safety, as described in the preceding sentence, the 
Administrator may consider, as a secondary consideration, likely 
technological feasibility in establishing and revising the national 
primary ambient air quality standard for such pollutant.''.
    (c) Consideration of Adverse Public Health, Welfare, Social, 
Economic, or Energy Effects.--Section 109(d)(2) of the Clean Air Act 
(42 U.S.C. 7409(d)(2)) is amended by adding at the end the following:
    ``(D) Prior to establishing or revising a national ambient air 
quality standard, the Administrator shall request, and such committee 
shall provide, advice under subparagraph (C)(iv) regarding any adverse 
public health, welfare, social, economic, or energy effects which may 
result from various strategies for attainment and maintenance of such 
national ambient air quality standard.''.
    (d) Timely Issuance of Implementing Regulations and Guidance.--
Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by adding 
at the end the following:
    ``(e) Timely Issuance of Implementing Regulations and Guidance.--
            ``(1) In general.--In publishing any final rule 
        establishing or revising a national ambient air quality 
        standard, the Administrator shall, as the Administrator 
        determines necessary to assist States, permitting authorities, 
        and permit applicants, concurrently publish regulations and 
        guidance for implementing the standard, including information 
        relating to submission and consideration of a preconstruction 
        permit application under the new or revised standard.
            ``(2) Applicability of standard to preconstruction 
        permitting.--If the Administrator fails to publish final 
        regulations and guidance that include information relating to 
        submission and consideration of a preconstruction permit 
        application under a new or revised national ambient air quality 
        standard concurrently with such standard, then such standard 
        shall not apply to the review and disposition of a 
        preconstruction permit application until the Administrator has 
        published such final regulations and guidance.
            ``(3) Rules of construction.--
                    ``(A) Nothing in this subsection shall be construed 
                to preclude the Administrator from issuing regulations 
                and guidance to assist States, permitting authorities, 
                and permit applicants in implementing a national 
                ambient air quality standard subsequent to publishing 
                regulations and guidance for such standard under 
                paragraph (1).
                    ``(B) Nothing in this subsection shall be construed 
                to eliminate the obligation of a preconstruction permit 
                applicant to install best available control technology 
                and lowest achievable emission rate technology, as 
                applicable.
                    ``(C) Nothing in this subsection shall be construed 
                to limit the authority of a State, local, or Tribal 
                permitting authority to impose more stringent emissions 
                requirements pursuant to State, local, or Tribal law 
                than national ambient air quality standards.
            ``(4) Definitions.--In this subsection:
                    ``(A) The term `best available control technology' 
                has the meaning given to that term in section 169(3).
                    ``(B) The term `lowest achievable emission rate' 
                has the meaning given to that term in section 171(3).
                    ``(C) The term `preconstruction permit'--
                            ``(i) means a permit that is required under 
                        this title for the construction or modification 
                        of a stationary source; and
                            ``(ii) includes any such permit issued by 
                        the Environmental Protection Agency or a State, 
                        local, or Tribal permitting authority.''.
    (e) Contingency Measures for Extreme Ozone Nonattainment Areas.--
Section 172(c)(9) of the Clean Air Act (42 U.S.C. 7502(c)(9)) is 
amended by adding at the end the following: ``Notwithstanding the 
preceding sentences and any other provision of this Act, such measures 
shall not be required for any nonattainment area for ozone classified 
as an Extreme Area.''.
    (f) Plan Submissions and Requirements for Ozone Nonattainment 
Areas.--Section 182 of the Clean Air Act (42 U.S.C. 7511a) is amended--
            (1) in subsection (b)(1)(A)(ii)(III), by inserting ``and 
        economic feasibility'' after ``technological achievability'';
            (2) in subsection (c)(2)(B)(ii), by inserting ``and 
        economic feasibility'' after ``technological achievability'';
            (3) in subsection (e), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``The provisions of clause (ii) of 
                subsection (c)(2)(B) (relating to reductions of less 
                than 3 percent), the provisions of paragaphs'' and 
                inserting ``The provisions of paragraphs''; and
                    (B) by striking ``, and the provisions of clause 
                (ii) of subsection (b)(1)(A) (relating to reductions of 
                less than 15 percent)''; and
            (4) in paragraph (5) of subsection (e), by striking ``, if 
        the State demonstrates to the satisfaction of the Administrator 
        that--'' and all that follows through the end of the paragraph 
        and inserting a period.
    (g) Plan Revisions for Milestones for Particulate Matter 
Nonattainment Areas.--Section 189(c)(1) of the Clean Air Act (42 U.S.C. 
7513a(c)(1)) is amended by inserting ``, which take into account 
technological achievability and economic feasibility,'' before ``and 
which demonstrate reasonable further progress''.
    (h) Exceptional Events.--Section 319(b)(1)(B) of the Clean Air Act 
(42 U.S.C. 7619(b)(1)(B)) is amended--
            (1) in clause (i)--
                    (A) by striking ``(i) stagnation of air masses or'' 
                and inserting ``(i)(I) ordinarily occurring stagnation 
                of air masses or (II)''; and
                    (B) by inserting ``or'' after the semicolon;
            (2) by striking clause (ii); and
            (3) by redesignating clause (iii) as clause (ii).
    (i) Report on Emissions Emanating From Outside the United States.--
Not later than 24 months after the date of enactment of this Act, the 
Administrator, in consultation with States, shall submit to the 
Congress a report on--
            (1) the extent to which foreign sources of air pollution, 
        including emissions from sources located outside North America, 
        impact--
                    (A) designations of areas (or portions thereof) as 
                nonattainment, attainment, or unclassifiable under 
                section 107(d) of the Clean Air Act (42 U.S.C. 
                7407(d)); and
                    (B) attainment and maintenance of national ambient 
                air quality standards;
            (2) the Environmental Protection Agency's procedures and 
        timelines for disposing of petitions submitted pursuant to 
        section 179B(b) of the Clean Air Act (42 U.S.C. 7509a(b));
            (3) the total number of petitions received by the Agency 
        pursuant to such section 179B(b), and for each such petition 
        the date initially submitted and the date of final disposition 
        by the Agency; and
            (4) whether the Administrator recommends any statutory 
        changes to facilitate the more efficient review and disposition 
        of petitions submitted pursuant to such section 179B(b).
    (j) Study on Ozone Formation.--
            (1) Study.--The Administrator, in consultation with States 
        and the National Oceanic and Atmospheric Administration, shall 
        conduct a study on the atmospheric formation of ozone and 
        effective control strategies, including--
                    (A) the relative contribution of man-made and 
                naturally occurring nitrogen oxides, volatile organic 
                compounds, and other pollutants in ozone formation in 
                urban and rural areas, including during wildfires, and 
                the most cost-effective control strategies to reduce 
                ozone; and
                    (B) the science of wintertime ozone formation, 
                including photochemical modeling of wintertime ozone 
                formation, and approaches to cost-effectively reduce 
                wintertime ozone levels.
            (2) Peer review.--The Administrator shall have the study 
        peer reviewed by an independent panel of experts in accordance 
        with the requirements applicable to a highly influential 
        scientific assessment.
            (3) Report.--The Administrator shall submit to Congress a 
        report describing the results of the study, including the 
        findings of the peer review panel.
            (4) Regulations and guidance.--The Administrator shall 
        incorporate the results of the study, including the findings of 
        the peer review panel, into any Federal rules and guidance 
        implementing the 2015 ozone standards.

SEC. 4. APPLICABILITY OF SANCTIONS AND FEES IF EMISSIONS BEYOND 
              CONTROL.

    The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting 
after section 179B the following new section:

``SEC. 179C. APPLICABILITY OF SANCTIONS AND FEES IF EMISSIONS BEYOND 
              CONTROL.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
with respect to any nonattainment area that is classified under section 
181 as severe or extreme for ozone or under section 188 as serious for 
particulate matter, no sanction or fee under section 179 or 185 shall 
apply with respect to a State (or a local government or source therein) 
on the basis of a deficiency described in section 179(a), or the 
State's failure to attain a national ambient air quality standard for 
ozone or particulate matter by the applicable attainment date, if the 
State demonstrates that the State would have avoided such deficiency or 
attained such standard but for one or more of the following:
            ``(1) Emissions emanating from outside the nonattainment 
        area.
            ``(2) Emissions from an exceptional event (as defined in 
        section 319(b)(1)).
            ``(3) Emissions from mobile sources to the extent the State 
        demonstrates that--
                    ``(A) such emissions are beyond the control of the 
                State to reduce or eliminate; and
                    ``(B) the State is fully implementing such measures 
                as are within the authority of the State to control 
                emissions from the mobile sources.
    ``(b) No Effect on Underlying Standards.--The inapplicability of 
sanctions or fees with respect to a State pursuant to subsection (a) 
does not affect the obligation of the State (and local governments and 
sources therein) under other provisions of this Act to establish and 
implement measures to attain a national ambient air quality standard 
for ozone or particulate matter.
    ``(c) Periodic Renewal of Demonstration.--For subsection (a) to 
continue to apply with respect to a State or local government (or 
source therein), the State involved shall renew the demonstration 
required by subsection (a) at least once every 5 years.''.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Best available control technology.--The term ``best 
        available control technology'' has the meaning given to that 
        term in section 169(3) of the Clean Air Act (42 U.S.C. 
        7479(3)).
            (3) Highly influential scientific assessment.--The term 
        ``highly influential scientific assessment'' means a highly 
        influential scientific assessment as defined in the publication 
        of the Office of Management and Budget entitled ``Final 
        Information Quality Bulletin for Peer Review'' (70 Fed. Reg. 
        2664 (January 14, 2005)).
            (4) Lowest achievable emission rate.--The term ``lowest 
        achievable emission rate'' has the meaning given to that term 
        in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)).
            (5) National ambient air quality standard.--The term 
        ``national ambient air quality standard'' means a national 
        ambient air quality standard promulgated under section 109 of 
        the Clean Air Act (42 U.S.C. 7409).
            (6) Preconstruction permit.--The term ``preconstruction 
        permit''--
                    (A) means a permit that is required under title I 
                of the Clean Air Act (42 U.S.C. 7401 et seq.) for the 
                construction or modification of a stationary source; 
                and
                    (B) includes any such permit issued by the 
                Environmental Protection Agency or a State, local, or 
                Tribal permitting authority.
            (7) 2015 ozone standards.--The term ``2015 ozone 
        standards'' means the national ambient air quality standards 
        for ozone published in the Federal Register on October 26, 2015 
        (80 Fed. Reg. 65292).

SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to be appropriated to carry out 
the requirements of this Act and the amendments made by this Act. Such 
requirements shall be carried out using amounts otherwise authorized.

            Passed the House of Representatives July 18, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```