Ozone Standards Implementation Act of 2016

To facilitate efficient State implementation of ground-level ozone standards, and for other purposes. 1. Short title This Act may be cited as the Ozone Standards Implementation Act of 2016 2. Definitions In this Act: (1) 2015 ozone standards The term 2015 ozone standards National Ambient Air Quality Standards for Ozone (2) Administrator The term Administrator (3) Best available control technology The term best available control technology 42 U.S.C. 7479 (4) Lowest achievable emission rate The term lowest achievable emission rate 42 U.S.C. 7501 (5) National ambient air quality standard The term national ambient air quality standard 42 U.S.C. 7409 (6) Preconstruction permit (A) In general The term preconstruction permit 42 U.S.C. 7470 et seq. (B) Inclusion The term preconstruction permit 3. Facilitating State implementation of existing ozone standards (a) Designations (1) Designation submission Notwithstanding the deadline specified in paragraph (1)(A) of section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) (2) Designation promulgation Notwithstanding the deadline specified in paragraph (1)(B) of section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) (3) State implementation plans Notwithstanding the deadline specified in section 110(a)(1) of the Clean Air Act ( 42 U.S.C. 7410(a)(1) (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 final designations 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 relevant area under subsection (a)(2). (2) Rules of Construction Nothing in this section— (A) eliminates the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emission rate technology, as applicable; or (B) limits the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than the Federal national ambient air quality standards established by the Administrator. 4. Facilitating State implementation of national ambient air quality standards (a) Consideration of technological feasibility Section 109(b) of the Clean Air Act ( 42 U.S.C. 7409(b) (1) by striking (b)(1) National (b) Requirements (1) In general (A) Public health National ; and (2) in paragraph (1)(A) (as so designated), in the second sentence, by striking Such (B) Technological feasibility 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 subparagraph (A), the Administrator may consider, as a secondary consideration, likely technological feasibility in establishing and revising the national primary ambient air quality standard for the pollutant. . (b) Timeline for review of national ambient air quality standards (1) 10-Year cycle for all criteria air pollutants Section 109(d) of the Clean Air Act ( 42 U.S.C. 7409(d) (A) in paragraph (1), by striking five-year intervals 10-year intervals (B) in paragraph (2)(B), by striking five-year intervals 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) (A) complete, before October 26, 2025, any review of the criteria for ozone published under section 108 of that Act ( 42 U.S.C. 7408 42 U.S.C. 7409 (B) propose, before October 26, 2025, any revisions to those criteria or standards. (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) (D) Advice from scientific review committee Before establishing or revising a national ambient air quality standard, the Administrator shall request, and the scientific review committee appointed under subparagraph (A) 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 the 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 (e) Timely issuance of implementing regulations and guidance (1) Definitions In this subsection: (A) Best available control technology The term best available control technology (B) Lowest achievable emission rate The term lowest achievable emission rate (C) Preconstruction permit (i) In general The term preconstruction permit (ii) Inclusion The term preconstruction permit (2) Guidance for implementation 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 final regulations and guidance for implementing the national ambient air quality standard, including information relating to submission and consideration of a preconstruction permit application under the new or revised national ambient air quality standard. (3) Applicability of national ambient air quality standard to preconstruction permitting If the Administrator fails to publish the final regulations and guidance referred to in paragraph (2) 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 the national ambient air quality standard, the new or revised national ambient air quality standard shall not apply to the review and disposition of a preconstruction permit application until the date on which the Administrator publishes the final regulations and guidance. (4) Rules of Construction Nothing in this subsection— (A) precludes the Administrator from issuing regulations and guidance to assist States, permitting authorities, and permit applicants in implementing a national ambient air quality standard after the publication of final regulations and guidance for the national ambient air quality standard under paragraph (2); (B) eliminates the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emission rate technology, as applicable; or (C) limits the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than the Federal national ambient air quality standards established by the Administrator. . (e) Contingency measures for extreme ozone nonattainment areas Section 172(c)(9) of the Clean Air Act ( 42 U.S.C. 7502(c)(9) (1) in the first sentence, by striking Such (A) Specific measures A nonattainment ; (2) in the second sentence, by striking Such measures (B) Contingency measures The specific measures referred to in subparagraph (A) ; and (3) by adding at the end the following: (C) Extreme areas Notwithstanding subparagraphs (A) and (B) and any other provision of this Act, the specific measures referred to in subparagraphs (A) and (B) 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 (1) in subsection (b)(1)(A)(ii)(III), by inserting and economic feasibility technological achievability (2) in subsection (c)(2)(B)(ii), by inserting and economic feasibility technological achievability (3) in subsection (e)— (A) in the matter preceding paragraph (1), by striking the second sentence and inserting Paragraphs (6), (7), and (8) of subsection (c) (relating to de minimis rule and modification of sources) shall not apply in the case of an Extreme Area. (B) in paragraph (5), in the matter preceding subparagraph (A), by striking , if the State demonstrates to the satisfaction of the Administrator that— Any reference to (6) References Any reference to . (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) , which take into account technological achievability and economic feasibility, redesignated attainment (h) Exceptional events Section 319(b)(1) of the Clean Air Act ( 42 U.S.C. 7619(b)(1) (B) Exclusions In this subsection, the term exceptional event (i) ordinarily occurring stagnation of air masses; (ii) meteorological inversions; or (iii) air pollution relating to source noncompliance. . (i) Report on emissions emanating from outside the United States Not later than 2 years after the date of enactment of this Act, the Administrator, in consultation with States, shall submit to Congress a report that describes— (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 of areas) as nonattainment, attainment, or unclassifiable under section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) (B) attainment and maintenance of national ambient air quality standards; (2) the procedures and timelines of the Administrator for the disposition of petitions submitted under subsection (b) of section 179B of the Clean Air Act ( 42 U.S.C. 7509a (3) the total number of petitions received by the Administrator under that section ( 42 U.S.C. 7509a (A) the date on which the petition was initially submitted to the Administrator; and (B) the date of final disposition by the Administrator; and (4) whether the Administrator recommends any statutory changes to facilitate the more efficient review and disposition of petitions submitted under that section ( 42 U.S.C. 7509

Summary: Ozone Standards Implementation Act of 2016 This bill amends the Clean Air Act by revising the National Ambient Air Quality Standards (NAAQS) program. The bill delays the implementation of the ozone NAAQS that were published in 2015. The bill extends until: (1) October 26, 2024, the deadline for states to submit designations to implement the 2015 ozone NAAQS; and (2) October 26, 2025, the deadline for the Environmental Protection Agency (EPA) to designate state areas as attainment, nonattainment, or unclassifiable areas with respect to the 2015 ozone NAAQS. States must submit a state implementation plan (SIP) by October 26, 2026, to implement, maintain, and enforce the 2015 ozone NAAQS. The bill also changes the review cycle for criteria pollutant NAAQS from a 5-year review cycle to a 10-year review cycle. The EPA may not complete its next review of ozone NAAQS before October 26, 2025. Prior to establishing or revising NAAQS, the EPA must obtain advice from its scientific advisory committee regarding potential adverse public health, welfare, social, economic, or energy effects which may result from attaining and maintaining NAAQS. The EPA must publish regulations and guidance for implementing NAAQS concurrently with the issuance of a new or revised standard. New or revised NAAQS must not apply to preconstruction permits for constructing or modifying a major emitting facility or major stationary source of air pollutants until those regulations and guidance have been published. The bill revises requirements concerning SIPs for extreme ozone nonattainment areas and particulate matter nonattainment areas.