I 
118TH CONGRESS 
2D SESSION 
H. R. 7650 
To facilitate efficient State implementation of national ambient air quality 
standards, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 13, 2024 
Mr. CARTER of Georgia (for himself, Mr. GUTHRIE, Mr. WEBER of Texas, Mr. 
VALADAO, Mr. JOYCE of Pennsylvania, Mr. ALLEN, Mr. PENCE, Mrs. 
HARSHBARGER, Mr. NEWHOUSE, Mr. CRENSHAW, Mr. BARR, Mr. 
OBERNOLTE, Mr. PFLUGER, Mr. BALDERSON, and Mr. LATTA) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To facilitate efficient State implementation of national 
ambient air quality standards, 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 ‘‘Air Quality Standards 
Implementation Act of 2024’’. 
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SEC. 2. FACILITATING STATE IMPLEMENTATION OF NA-
TIONAL AMBIENT AIR QUALITY STANDARDS. 
(a) TIMELINE FOR REVIEW OF NATIONAL AMBIENT 
AIR QUALITY STANDARDS.—Paragraphs (1) and (2)(B) 
of section 109(d) of the Clean Air Act (42 U.S.C. 
7409(d)) are amended by striking ‘‘five-year intervals’’ 
each place it appears and inserting ‘‘10-year intervals’’. 
(b) CONSIDERATION
OF ATTAINABILITY.—Section 
109(b)(1) of the Clean Air Act (42 U.S.C. 7409(b)(1)) 
is amended by inserting after the first sentence the fol-
lowing: ‘‘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, as a sec-
ondary consideration in establishing and revising the na-
tional primary ambient air quality standard for such air 
pollutant, consider likely attainability of the standard.’’. 
(c) COMPOSITION OF INDEPENDENT SCIENTIFIC RE-
VIEW COMMITTEE.—Section 109(d)(2)(A) of the Clean 
Air Act (42 U.S.C. 7409(d)(2)(A)) is amended— 
(1) by striking ‘‘one person representing State 
air pollution control agencies’’ and inserting ‘‘three 
persons representing State air pollution control 
agencies’’; and 
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(2) by adding at the end the following: ‘‘The 
persons representing State air pollution control 
agencies shall be from geographically diverse areas 
with at least one person representing a State located 
in Region 1, 2, 3, or 5 of the Environmental Protec-
tion Agency, one person representing a State located 
in Region 4, 6, or 7 of the Environmental Protection 
Agency, and one person representing a State located 
in Region 8, 9, or 10 of the Environmental Protec-
tion Agency.’’. 
(d) 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)) is amended by adding at the end the fol-
lowing: 
‘‘(D) Prior to establishing or revising a national am-
bient air quality standard, the Administrator shall re-
quest, and such committee, after receiving public com-
ments, shall assess and provide advice under subpara-
graph (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.’’. 
(e) TIMELY ISSUANCE OF IMPLEMENTING REGULA-
TIONS AND GUIDANCE.—Section 109 of the Clean Air Act 
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(42 U.S.C. 7409) is amended by adding at the end the 
following: 
‘‘(e) TIMELY ISSUANCE OF IMPLEMENTING REGULA-
TIONS AND GUIDANCE.— 
‘‘(1) IN GENERAL.—In publishing any final rule 
establishing or revising a national ambient air qual-
ity standard, the Administrator shall, to assist 
States, permitting authorities, and permit appli-
cants, concurrently publish regulations and guidance 
for implementing the standard, including informa-
tion 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 Adminis-
trator 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 disposi-
tion of a preconstruction permit application until the 
Administrator has published such final regulations 
and guidance. 
‘‘(3) RULES OF CONSTRUCTION.— 
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‘‘(A) Nothing in this subsection shall be 
construed to preclude the Administrator from 
issuing regulations and guidance to assist 
States, permitting authorities, and permit appli-
cants in implementing a national ambient air 
quality standard subsequent to publishing regu-
lations 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 achiev-
able 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 pursu-
ant to State, local, or Tribal law than national 
ambient air quality standards. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘best available control tech-
nology’ has the meaning given to that term in 
section 169(3). 
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‘‘(B) The term ‘lowest achievable emission 
rate’ has the meaning given to that term in sec-
tion 171(3). 
‘‘(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 au-
thority.’’. 
(f) OPPORTUNITY FOR STATES TO CORRECT DEFI-
CIENCY PRIOR TO PROMULGATION OF FEDERAL IMPLE-
MENTATION PLAN.—Section 110(c)(1) of the Clean Air 
Act (42 U.S.C. 7410(c)(1)) is amended— 
(1) by striking ‘‘at any time’’; and 
(2) by adding at the end the following: ‘‘Before 
promulgating the Federal implementation plan, the 
Administrator shall give the State at least one year 
after such finding or disapproval to submit a plan or 
plan revision to correct the deficiency. If the State 
submits a plan or plan revision to correct the defi-
ciency, the Administrator may, notwithstanding the 
2-year deadline under this paragraph to promulgate 
a Federal implementation plan, choose to take up to 
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3 years after such finding or disapproval to promul-
gate a Federal implementation plan.’’. 
(g) CONTINGENCY MEASURES FOR EXTREME OZONE 
NONATTAINMENT AREAS.—Section 172(c)(9) of the Clean 
Air Act (42 U.S.C. 7502(c)(9)) is amended by adding at 
the end the following: ‘‘Notwithstanding the preceding 
sentences and any other provision of this Act, such meas-
ures shall not be required for any nonattainment area for 
ozone classified as an Extreme Area.’’. 
(h) PLAN SUBMISSIONS AND REQUIREMENTS FOR 
OZONE NONATTAINMENT AREAS.—Section 182 of the 
Clean Air Act (42 U.S.C. 7511a) is amended— 
(1) in subsection (b)(1)(A)(ii)(III), by inserting 
‘‘and economic feasibility’’ after ‘‘technological 
achievability’’; 
(2) in subsection (c)(2)(B)(ii), by inserting 
‘‘and economic feasibility’’ after ‘‘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 reduc-
tions of less than 3 percent), the provisions of 
paragaphs’’ and inserting ‘‘The provisions of 
paragraphs’’; and 
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(B) by striking ‘‘, and the provisions of 
clause (ii) of subsection (b)(1)(A) (relating to 
reductions of less than 15 percent)’’; and 
(4) in paragraph (5) of subsection (e), by strik-
ing ‘‘, if the State demonstrates to the satisfaction 
of the Administrator that—’’ and all that follows 
through the end of the paragraph and inserting a 
period. 
(i) PLAN REVISIONS FOR MILESTONES FOR PARTIC-
ULATE
MATTER
NONATTAINMENT
AREAS.—Section 
189(c)(1) of the Clean Air Act (42 U.S.C. 7513a(c)(1)) 
is amended by inserting ‘‘, which take into account techno-
logical achievability and economic feasibility,’’ before ‘‘and 
which demonstrate reasonable further progress’’. 
(j) EXCEPTIONAL EVENTS.—Section 319(b) of the 
Clean Air Act (42 U.S.C. 7619(b)) is amended— 
(1) in the subsection heading, by inserting ‘‘OR 
ACTIONS
TO
MITIGATE
WILDFIRE
RISK’’ after 
‘‘EVENTS’’; 
(2) in paragraph (1)— 
(A) in the paragraph heading, by striking 
‘‘DEFINITION OF EXCEPTIONAL EVENT’’ and in-
serting ‘‘DEFINITIONS’’; 
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(B) in subparagraph (A), by redesignating 
clauses (i) through (iv), as subclauses (I) 
through (IV), respectively; 
(C) by striking ‘‘(A)’’ and all that follows 
through ‘‘an event that—’’ and inserting the 
following: 
‘‘(A) EXCEPTIONAL EVENT.— 
‘‘(i) IN GENERAL.—The term ‘excep-
tional event’ means an event that—’’; 
(D) by amending clause (III) of subpara-
graph (A)(i), as redesignated, to read as fol-
lows: 
‘‘(III) is an event that is— 
‘‘(aa) a natural event; 
‘‘(bb) caused by a human 
activity that is intended to mirror 
the occurrence or reoccurrence of 
a natural event; or 
‘‘(cc) caused by a human ac-
tivity that is unlikely to recur.’’; 
(E) by striking subparagraph (B) and in-
serting the following: 
‘‘(ii) 
EXCLUSIONS.—In 
this 
sub-
section, the term ‘exceptional event’ does 
not include— 
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‘‘(I) ordinarily occurring stagna-
tion of air masses; 
‘‘(II) meteorological inversions; 
or 
‘‘(III) air pollution relating to 
source noncompliance.’’; and 
(F) by adding at the end the following: 
‘‘(B) ACTION
TO
MITIGATE
WILDFIRE 
RISK.—The term ‘action to mitigate wildfire 
risk’ means a prescribed fire or similar meas-
ure, undertaken in accordance with State ap-
proved practices, to reduce the risk and severity 
of wildfires.’’; 
(3) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘March 1, 2006’’ and 
inserting ‘‘18 months after the date of en-
actment of the Air Quality Standards Im-
plementation Act of 2024’’; 
(ii) by inserting ‘‘revisions to’’ before 
‘‘regulations’’; and 
(iii) by adding ‘‘or actions to mitigate 
wildfire risk’’ before the period at the end; 
(B) in subparagraph (B)— 
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(i) by inserting ‘‘or action to mitigate 
wildfire risk’’ after ‘‘an exceptional event’’; 
and 
(ii) by striking ‘‘paragraph (3)’’ and 
inserting ‘‘this section’’; 
(C) by adding at the end the following: 
‘‘(C) REGIONAL
ANALYSIS.—When more 
than one State notifies the Administrator of its 
intent to submit a petition for an exceptional 
event or an action to mitigate wildfire risk for 
the same air quality event, the Administrator 
shall conduct regional modeling and analysis, 
upon request by one or more States, to satisfy 
the analysis required for an exceptional event or 
an action to mitigate wildfire risk petition for 
such air quality event. 
‘‘(D) TRANSPARENCY.—Not later than 12 
months after the date of enactment of the Air 
Quality Standards Implementation Act of 2024, 
the Administrator shall establish and update 
monthly a public website describing the status 
of all submitted petitions for exceptional events 
and actions to mitigate wildfire risk.’’; 
(4) in paragraph (3)(A)— 
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(A) by redesignating clauses (ii) through 
(v) as clauses (iii) through (vi), respectively; 
and 
(B) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) the principle that actions to miti-
gate wildfire risk can play an important 
role in reducing the magnitude and fre-
quency of wildfires;’’; 
(5) in paragraph (3)(B)— 
(A) in clause (i), by inserting ‘‘or action to 
mitigate wildfire risk’’ before ‘‘must be’’; 
(B) by amending clause (ii) to read as fol-
lows: 
‘‘(ii) a clear causal relationship must 
exist, or be reasonably expected to exist, 
between the measured exceedances of a na-
tional ambient air quality standard and the 
exceptional event or action to mitigate 
wildfire risk to demonstrate that the excep-
tional event or action to mitigate wildfire 
risk caused a specific air pollution con-
centration at a particular air quality moni-
toring location;’’; and 
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(C) by amending clause (iv) to read as fol-
lows: 
‘‘(iv) there are criteria and procedures 
for the Governor of a State to petition the 
Administrator to exclude air quality moni-
toring data that is directly due to excep-
tional events or actions to mitigate wildfire 
risk from use in determinations by the Ad-
ministrator with respect to— 
‘‘(I) area or source exceedances 
or violations of the national ambient 
air quality standards; 
‘‘(II) the designation, redesigna-
tion, classification, or reclassification 
of an area; 
‘‘(III) the demonstration by a 
State of attainment of a national am-
bient air quality standard; 
‘‘(IV) attainment determinations; 
‘‘(V) attainment date extensions; 
‘‘(VI) finding a State implemen-
tation plan to be inadequate; or 
‘‘(VII) 
preconstruction 
dem-
onstrations under section 165(a)(3).’’; 
and 
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(6) by striking paragraph (4). 
(k) REPORT ON EMISSIONS EMANATING FROM OUT-
SIDE 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)); and 
(B) attainment and maintenance of na-
tional ambient air quality standards; 
(2) the Environmental Protection Agency’s pro-
cedures and timelines for disposing of petitions sub-
mitted 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 re-
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view and disposition of petitions submitted pursuant 
to such section 179B(b). 
(l) STUDY ON OZONE FORMATION.— 
(1) STUDY.—The Administrator, in consulta-
tion with States and the National Oceanic and At-
mospheric 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, in-
cluding during wildfires, and the most cost-ef-
fective control strategies to reduce ozone; and 
(B) the science of wintertime ozone forma-
tion, including photochemical modeling of win-
tertime ozone formation, and approaches to 
cost-effectively reduce wintertime ozone levels. 
(2) PEER
REVIEW.—The Administrator shall 
have the study conducted under paragraph (1) peer 
reviewed by an independent panel of experts in ac-
cordance with the requirements applicable to a high-
ly influential scientific assessment. 
(3) REPORT.—The Administrator shall submit 
to Congress a report describing the results of the 
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study conducted under paragraph (1), including the 
findings of the peer review panel. 
(4) REGULATIONS
AND
GUIDANCE.—The Ad-
ministrator shall incorporate the results of the study 
conducted under paragraph (1), including the find-
ings of the peer review panel under paragraph (2), 
into any Federal rules and guidance implementing 
the 2015 ozone standards. 
SEC. 3. APPLICABILITY OF SANCTIONS AND FEES IF EMIS-
SIONS BEYOND CONTROL. 
The Clean Air Act (42 U.S.C. 7401 et seq.) is amend-
ed by inserting after section 179B the following new sec-
tion: 
‘‘SEC. 179C. APPLICABILITY OF SANCTIONS AND FEES IF 
EMISSIONS BEYOND CONTROL. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this Act, with respect to any nonattainment area 
that is classified under section 181 as a Severe Area or 
an Extreme Area for ozone or under section 188 as a Seri-
ous Area 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 fail-
ure to attain a national ambient air quality standard for 
ozone or particulate matter by the applicable attainment 
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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 ex-
tent 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 obliga-
tion 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 qual-
ity 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 
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involved shall renew the demonstration required by sub-
section (a) at least once every 5 years.’’. 
SEC. 4. CERTAIN PRECONSTRUCTION PERMITS. 
(a) IN GENERAL.—The 2024 Primary Annual Partic-
ulate Matter2.5 Standard shall not apply to the review and 
disposition of a preconstruction permit application if— 
(1) the Administrator or the State, local, or 
Tribal permitting authority, as applicable, deter-
mines the application to be complete on or before 
the date of promulgation of the final designation of 
the area involved under section 107(d) of the Clean 
Air Act (42 U.S.C. 7407(d)) with respect to the 
2024 Primary Annual Particulate Matter2.5 Stand-
ard; or 
(2) 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 section 
107(d) of the Clean Air Act (42 U.S.C. 7407(d)) 
with respect to the 2024 Primary Annual Particu-
late Matter2.5 Standard. 
(b) RULES OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to— 
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(1) eliminate the obligation of a preconstruction 
permit applicant to install best available control 
technology and lowest achievable emission rate tech-
nology, as applicable; or 
(2) limit the authority of a State, local, or Trib-
al permitting authority to impose more stringent 
emissions requirements pursuant to State, local, or 
Tribal law than national ambient air quality stand-
ards. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) 
BEST
AVAILABLE
CONTROL
TECH-
NOLOGY.—The term ‘‘best available control tech-
nology’’ has the meaning given to that term in sec-
tion 169(3) of the Clean Air Act (42 U.S.C. 
7479(3)). 
(3) HIGHLY INFLUENTIAL SCIENTIFIC ASSESS-
MENT.—The term ‘‘highly influential scientific as-
sessment’’ means a highly influential scientific as-
sessment as defined in the publication of the Office 
of Management and Budget entitled ‘‘Final Informa-
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