I 
114TH CONGRESS 
1ST SESSION H. R. 1320 
To amend the Clean Air Act with respect to exceptional event demonstrations, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 4, 2015 
Mr. OLSON (for himself, Mr. POMPEO, Mr. KELLY of Pennsylvania, Mr. DUN-
CAN of South Carolina, Mr. TIPTON, Mr. BABIN, Mr. SALMON, Mr. SES-
SIONS, Mr. GOSAR, Mr. PEARCE, Mr. FARENTHOLD, Mr. LONG, and Mr. 
MCCLINTOCK) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Clean Air Act with respect to exceptional 
event demonstrations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commonsense Legisla-
tive Exceptional Events Reforms Act of 2015’’. 
SEC. 2. CLEAN AIR ACT EXCEPTIONAL EVENTS. 
Section 319(b) of the Clean Air Act (42 U.S.C. 
7619(b)) is amended— 
(1) in paragraph (1)(B)— 
VerDate Sep 11 2014 
00:45 Mar 13, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
emcdonald on DSK67QTVN1PROD with BILLS
(A) in clause (i)— 
(i) by striking ‘‘(i) stagnation of air 
masses or’’ and inserting ‘‘(i)(I) ordinarily 
occurring stagnation of air masses or 
(II)’’; and 
(ii) by inserting ‘‘or’’ after the semi-
colon; 
(B) by striking clause (ii); and 
(C) by redesignating clause (iii) as clause 
(ii); and 
(2) in paragraph (3)— 
(A) in subparagraph (B)(iv), by striking 
‘‘to petition the Administrator to’’ and inserting 
‘‘to submit a petition (in this section referred to 
as an ‘exceptional event demonstration’) to the 
Administrator to’’; and 
(B) by adding at the end the following: 
‘‘(C) CRITERIA
FOR
DETERMINATION
OF 
EXCEPTIONAL EVENT DEMONSTRATION.— 
‘‘(i) IN
GENERAL.—The criteria for 
evidence, analyses, and documentation ap-
plicable to approval or disapproval of an 
exceptional event demonstration under the 
regulations under this section shall be stat-
ed with specificity in order to minimize the 
VerDate Sep 11 2014 
00:45 Mar 13, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
emcdonald on DSK67QTVN1PROD with BILLS
discretion of the Administrator in approv-
ing or disapproving that demonstration. 
‘‘(ii) 
STATE
PARTICIPATION.—The 
Administrator shall develop the criteria in 
conjunction with input from the States. 
‘‘(iii) CONTENTS.—The criteria shall 
reflect the varying levels of technical exper-
tise and resources available in State and 
local agencies and the varying availability 
of meteorological and other monitoring 
data in rural areas, and may vary with re-
spect to different regions. 
‘‘(iv) 
CONSIDERATIONS.—In 
devel-
oping the criteria, the Administrator shall 
consider the use of an expedited or stream-
lined approval process and conditions 
under which exceptional event demonstra-
tions may be suitable for such a process. 
‘‘(D) TIMING OF DETERMINATION OF EX-
CEPTIONAL EVENT DEMONSTRATION.— 
‘‘(i) 
DEADLINE
FOR
DETERMINA-
TION.— 
‘‘(I) IN
GENERAL.—Not later 
than 90 days after submission of an 
exceptional event demonstration, the 
VerDate Sep 11 2014 
00:45 Mar 13, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
emcdonald on DSK67QTVN1PROD with BILLS
Administrator 
shall 
approve, 
dis-
approve, or request additional infor-
mation from a State regarding the ex-
ceptional event demonstration. 
‘‘(II) ADMINISTRATION.—If the 
Administrator does not approve, dis-
approve, or request additional infor-
mation relating to an exceptional 
event demonstration within the 90-day 
period described in subclause (I), the 
demonstration shall be considered to 
be approved on the day after the date 
on which that 90-day period ends. 
‘‘(ii) DEADLINE
IF
ADDITIONAL
IN-
FORMATION REQUESTED.— 
‘‘(I) IN
GENERAL.—If the Ad-
ministrator requests additional infor-
mation from a State regarding an ex-
ceptional event demonstration under 
clause (i), not later than 90 days after 
the submission of that additional in-
formation, the Administrator shall ap-
prove or disapprove the demonstra-
tion. 
VerDate Sep 11 2014 
00:45 Mar 13, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(II) ADMINISTRATION.—If the 
Administrator does not approve or 
disapprove a demonstration for which 
additional information is submitted 
within the 90-day period described in 
subclause (I), the demonstration shall 
be considered to be approved. 
‘‘(E) BURDEN
OF
PROOF.—The regula-
tions promulgated under this section shall pro-
vide that— 
‘‘(i) a determination by the Adminis-
trator with respect to approval or dis-
approval of an exceptional event dem-
onstration be based on a preponderance of 
the evidence; and 
‘‘(ii) in making a determination, the 
Administrator— 
‘‘(I) shall accord substantial def-
erence to the findings of the State ex-
ceptional event demonstration; and 
‘‘(II) may develop and use anal-
yses and consider evidence not pro-
vided in the exceptional event dem-
onstration, subject to the condition 
VerDate Sep 11 2014 
00:45 Mar 13, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
emcdonald on DSK67QTVN1PROD with BILLS
that the analyses are developed by the 
Environmental Protection Agency. 
‘‘(F) APPEALS.— 
‘‘(i) DISAPPROVAL.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), disapproval by the Ad-
ministrator of an exceptional event 
demonstration shall be considered 
final action subject to judicial review 
under section 307(b). 
‘‘(II) 
LIMITATION.—Notwith-
standing subclause (I), disapproval by 
the Administrator of an exceptional 
event demonstration shall only be sub-
ject to appeal by the State that sub-
mitted the exceptional event dem-
onstration. 
‘‘(ii) APPROVAL.—Approval by the 
Administrator of an exceptional event dem-
onstration shall not be subject to appeal or 
other judicial action.’’. 
SEC. 3. REVISION OF REGULATIONS. 
After providing for a notice and comment period, but 
not later than 180 days after the date of enactment of 
this Act, the Administrator of the Environmental Protec-
VerDate Sep 11 2014 
00:45 Mar 13, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
emcdonald on DSK67QTVN1PROD with BILLS
tion Agency shall revise the regulations under section 
319(b) of the Clean Air Act (42 U.S.C. 7619(b)) to carry 
out the amendments made by this Act. 
Æ 
VerDate Sep 11 2014 
00:45 Mar 13, 2015
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H1320.IH
H1320
emcdonald on DSK67QTVN1PROD with BILLS