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trator shall report the results of this study to
the Congress within 3 years after November 15,
1990.’’;
(6) modifying section 126 by:
(A) revising subsection (b) by replacing
‘section 110(a)(2)(D)(ii) or this section’’ with
‘section 110(a)(2)(D)(i)’;
(B) revising subsection (c)(1) by replacing
‘this section and the prohibition of section
110(a)(2)(D)(ii)’ with ‘the prohibition of section
110(a)(2)(D)(i)’;
(C) revising subsection (c), flush language
at end, by replacing ‘section 110(a)(2)(D)(ii)’
with ‘section 110(a)(2)(D)(i)’ and deleting the
last sentence; and
(D) adding subsection (d) to read as fol-
lows:
‘‘(d)(1) For purposes of this subsection, the term ‘af-
fected unit’ means any unit that is subject to emission
limitations under subpart 2 of part B, subpart 2 of part
C, or part D.
‘‘(2) To the extent that any petition submitted under
subsection (b) after the date of enactment of the Clear
Skies Act of 2002 seeks a finding for any affected unit,
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then, notwithstanding any provision in subsections (a)
through (c) to the contrary—
‘‘(A) In determining whether to make a finding
under subsection (b) for any affected unit, the Ad-
ministrator shall consider, among other relevant fac-
tors, emissions reductions required to occur by the
attainment date or dates of any relevant nonattain-
ment areas in the petitioning State or political sub-
division.
‘‘(B) The Administrator may not determine
that affected units emit or would emit any air pollut-
ant in violation of the prohibition of section
110(a)(2)(D)(i) unless that Administrator deter-
mines that—
‘‘(i) such emissions may be reduced at
least as cost-effectively as emissions from each
other principal category of sources of sulfur di-
oxide or nitrogen oxides, including industrial
boilers, on-road mobile sources, and off-road
mobile sources, and any other category of
sources that the Administrator may identify;
and
‘‘(ii) reductions in such emissions will im-
prove air quality in the petitioning state’s non-
attainment area(s) at least as cost-effectively as
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reductions in emissions from each other prin-
cipal category of sources of sulfur dioxide or ni-
trogen oxides to the maximum extent that a
methodology is reasonably available to make
such a determination. In making this deter-
mination, the Administrator will use the best
available peer reviewed models and methodology
that consider the proximity of the source or
sources to the petitioning State or political
subsidision and incorporate other sources char-
acteristics.
‘‘(C) The Administrator shall develop an appro-
priate peer reviewed methodology for making deter-
minations under subparagraph (B) by December 31,
2006.
‘‘(D) The Administrator shall not make any
findings with respect to an affected unit under this
section prior to January 1, 2009. For any petition
submitted prior to January 1, 2007, the Adminis-
trator shall make a finding or deny the petition by
January 31, 2009.
‘‘(E) The Administrator, by rulemaking, shall
extend the compliance and implementation deadlines
in subsection (c) to the extent necessary to assure
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that no affected unit shall be subject to any such
deadline prior to January 1, 2012.’’.
(b) Title III of the Clean Air Act is amended by modi-
fying section 307(d)(1(G) to read as follows:
‘‘(G) the promulgation or revision of any
regulation under title IV,’’.
(c) Title IV of the Clean Air Act (relating to noise
pollution) (42 U.S.C. 7641 et seq.) is—
(1) amended by renumbering sections 401
through 403 as sections 701 through 703, respec-
tively; and
(2) renumbered as title VII.
(d) Title VIII of the Clean Air Act Amendments of
1990 (miscellaneous provisions) is amended by modifying
section 821(a) to read as follows:
‘‘(a) MONITORING.—The Administrator of the Envi-
ronmental Protection Agency shall promulgate regulations
within 18 months after November 15, 1990 to require that
all affected sources subject to subpart 1 of part B of title
IV of the Clean Air Act shall also monitor carbon dioxide
emissions according to the same timetable as in section
405(b). The regulations shall require that such data be
reported to the Administrator. The provisions of section
405(e) of title IV of the Clean Air Act shall apply for pur-
poses of this section in the same manner and to the same
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extent as such provision applies to the monitoring and
data referred to in section 405. The Administrator shall
implement this subsection under 40 CFR part 75 (2001),
amended as appropriate by the Administrator.’.
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