Ozone Standards Implementation Act of 2017

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 2017 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) (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) (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) (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. 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) 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 such Act ( 42 U.S.C. 7408 42 U.S.C. 7409 (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) 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) (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 (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 (B) The term lowest achievable emission rate (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) 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 (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), 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 The provisions of paragraphs (B) by striking , and the provisions of clause (ii) of subsection (b)(1)(A) (relating to reductions of less than 15 percent) (4) in paragraph (5) of subsection (e), by striking , if the State demonstrates to the satisfaction of the Administrator that— (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, 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) (1) in clause (i)— (A) by striking (i) stagnation of air masses or (i)(I) ordinarily occurring stagnation of air masses or (II) (B) by inserting or (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) (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. 4. Applicability of sanctions and fees if emissions beyond control The Clean Air Act ( 42 U.S.C. 7401 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. . 5. Definitions In this Act: (1) Administrator The term Administrator (2) Best available control technology The term best available control technology 42 U.S.C. 7479(3) (3) Highly influential scientific assessment The term highly influential scientific assessment Final Information Quality Bulletin for Peer Review (4) Lowest achievable emission rate The term lowest achievable emission rate 42 U.S.C. 7501(3) (5) National ambient air quality standard The term national ambient air quality standard 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 (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 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. 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

Summary: Ozone Standards Implementation Act of 2017 This bill amends the Clean Air Act to revise the National Ambient Air Quality Standards (NAAQS) program. (Sec. 2) 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 exempts from the 2015 ozone standards certain preconstruction permit applications that were completed or submitted before a final designation was made. (Sec. 3) 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. The EPA may consider, as a secondary consideration, likely technological feasibility in establishing and revising NAAQS for a pollutant if a range of air quality levels for such pollutant are requisite to protect public health with an adequate margin of safety. 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 shall not apply to preconstruction permits for constructing or modifying a stationary source of air pollutants until those regulations and guidance have been published. The bill provides that in Extreme Ozone Nonattainment Areas, contingency measures are not required to be included in nonattainment plans. Technological achievability and economic feasibility must be taken into consideration in plan revisions for milestones for particulate matter nonattainment areas. The bill redefines "exceptional events," by including stagnation of air masses that are not ordinarily occurring. The EPA must: (1) report on foreign emissions and their impact on compliance with the NAAQS program in the United States, (2) study and report on the atmospheric formation of ozone and effective control strategies, and (3) incorporate the results of the study into rules and guidance implementing the 2015 ozone standards. (Sec. 4) The bill exempts states from sanctions or fees for nonattainment or deficiency relating to certain ozone and particulate matter if the state can demonstrate specified circumstances preventing attainment. This exemption shall not affect any obligation of states or localities under the Clean Air Act to attain a NAAQS for ozone or particulate matter. (Sec. 6) The bill specifies that no additional funds are authorized for carrying out the requirements of this bill.