II 

115TH CONGRESS 

2D SESSION S. 2825 

To amend the Clean Air Act to modify provisions relating to international 

border areas, marginal areas, and rural transport areas, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2018 

Mr. FLAKE (for himself and Mr. MCCAIN) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To amend the Clean Air Act to modify provisions relating 

to international border areas, marginal areas, and rural 

transport areas, 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 ‘‘Air Designation Ac5 tions in Areas of Pollutant Transport Act’’ or the 

6 ‘‘ADAAPT Act’’. 

7 SEC. 2. AMENDMENTS TO THE CLEAN AIR ACT. 

8 (a) INTERNATIONAL BORDER AREAS.—Section 179B 

9 of the Clean Air Act (42 U.S.C. 7509a) is amended— 


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1 (1) in subsection (a)(1)— 

2 (A) by striking ‘‘the Act’’ and inserting 

3 ‘‘this Act’’; and 

4 (B) by striking ‘‘, and’’ and inserting ‘‘; 

5 and’’; 

6 (2) in subsection (b), by striking ‘‘section 

7 181(a)(2) or (5)’’ and inserting ‘‘section 181(b)(2)’’; 

8 (3) in subsection (c), by striking ‘‘or (9)’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(e) ACTION ON DEMONSTRATION.—Not later than 

11 180 days after the date on which the Administrator re12 ceives a demonstration of attainment submitted by a State 

13 under subsection (b), (c), or (d), the Administrator shall 

14 approve or disapprove the demonstration.’’. 

15 (b) MARGINAL AREAS.—Section 182(a)(2) of the 

16 Clean Air Act (42 U.S.C. 7511a(a)(2)) is amended— 

17 (1) in the matter preceding subparagraph (A), 

18 by striking ‘‘requirements—’’ and inserting ‘‘re19 quirements:’’; and 

20 (2) in subparagraph (C)— 

21 (A) by redesignating clauses (i) and (ii) as 

22 subclauses (I) and (II), respectively, and in23 denting appropriately; 


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1 (B) in the matter preceding subclause (I) 

2 (as so designated), by striking ‘‘Within’’ and in3 serting the following: 

4 ‘‘(i) REVISION.—Subject to clause (ii), 

5 not later than’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(ii) CERTAIN NONATTAINMENT

8 AREAS.— 

9 ‘‘(I) APPLICABILITY.—Section 

10 173(a)(1) shall not apply to a revision 

11 submitted to the Administrator under 

12 clause (i) for a nonattainment area 

13 described in subclause (III). 

14 ‘‘(II) BEST AVAILABLE CONTROL

15 TECHNOLOGY.—With respect to a re16 vision submitted to the Administrator 

17 under clause (i) for a nonattainment 

18 area described in subclause (III), a 

19 State may substitute the best avail20 able control technology (as defined in 

21 section 169) for the lowest achievable 

22 emission rate. 

23 ‘‘(III) NONATTAINMENT

24 AREAS.—A nonattainment area deVerDate Sep 11 2014 01:10 May 17, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2825.IS S2825

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1 scribed in this subclause is a non2 attainment area— 

3 ‘‘(aa) with an implementa4 tion plan or plan revision ap5 proved under section 179B(a); 

6 ‘‘(bb) for which the Admin7 istrator has approved a dem8 onstration of attainment for 

9 ozone under section 179B(b); or 

10 ‘‘(cc) that is treated by the 

11 Administrator as a rural trans12 port area (within the meaning of 

13 subsection (h)(2)).’’. 

14 (c) RURAL TRANSPORT AREAS.—Section 182(h) of 

15 the Clean Air Act (42 U.S.C. 7511a(h)) is amended— 

16 (1) in paragraph (1), by striking ‘‘does not in17 clude’’ and all that follows through ‘‘, which area’’; 

18 and 

19 (2) by adding at the end the following: 

20 ‘‘(3) TIMELINE.—Not later than 180 days after 

21 the date on which the Administrator receives a dem22 onstration submitted by a State to secure treatment 

23 by the Administrator of an ozone nonattainment 

24 area in the State as a rural transport area (within 


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1 the meaning of paragraph (2)), the Administrator 

2 shall— 

3 ‘‘(A) approve or disapprove the demonstra4 tion; and 

5 ‘‘(B) make, or decline to make, a finding 

6 under paragraph (2).’’. 

Æ 


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