IIB 
115TH CONGRESS 
1ST SESSION 
H. R. 806 
IN THE SENATE OF THE UNITED STATES 
JULY 19, 2017 
Received; read twice and referred to the Committee on Environment and 
Public Works 
AN ACT 
To facilitate efficient State implementation of ground-level 
ozone 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, 
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available control technology and lowest achiev-
able 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 ambi-
ent air quality standards. 
SEC. 3. FACILITATING STATE IMPLEMENTATION OF NA-
TIONAL 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 sec-
tion 109(d) of the Clean Air Act (42 U.S.C. 
7409(d)) are amended by striking ‘‘five-year inter-
vals’’ each place it appears and inserting ‘‘10-year 
intervals’’. 
(2) CYCLE FOR NEXT REVIEW OF OZONE CRI-
TERIA
AND
STANDARDS.—Notwithstanding section 
109(d) of the Clean Air Act (42 U.S.C. 7409(d)), 
the Administrator shall not— 
(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) or 
the national ambient air quality standard for 
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ozone promulgated under section 109 of such 
Act (42 U.S.C. 7409); or 
(B) propose, before such date, any revi-
sions to such criteria or standard. 
(b) CONSIDERATION
OF TECHNOLOGICAL FEASI-
BILITY.—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 following: ‘‘If the Administrator, in consulta-
tion with the independent scientific review committee ap-
pointed 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 de-
scribed in the preceding sentence, the Administrator may 
consider, as a secondary consideration, likely technological 
feasibility in establishing and revising the national pri-
mary 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)) 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 shall provide, advice under sub-
paragraph (C)(iv) regarding any adverse public health, 
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welfare, social, economic, or energy effects which may re-
sult from various strategies for attainment and mainte-
nance of such national ambient air quality standard.’’. 
(d) TIMELY ISSUANCE OF IMPLEMENTING REGULA-
TIONS AND GUIDANCE.—Section 109 of the Clean Air Act 
(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, as the Admin-
istrator determines necessary to assist States, per-
mitting authorities, and permit applicants, concur-
rently publish regulations and guidance for imple-
menting the standard, including information relating 
to submission and consideration of a preconstruction 
permit application under the new or revised stand-
ard. 
‘‘(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 
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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.— 
‘‘(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. 
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‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘best available control tech-
nology’ has the meaning given to that term in 
section 169(3). 
‘‘(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.’’. 
(e) 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.’’. 
(f) PLAN SUBMISSIONS AND REQUIREMENTS FOR 
OZONE NONATTAINMENT AREAS.—Section 182 of the 
Clean Air Act (42 U.S.C. 7511a) is amended— 
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(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 
(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. 
(g) 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-
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logical achievability and economic feasibility,’’ before ‘‘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)) is amend-
ed— 
(1) in clause (i)— 
(A) by striking ‘‘(i) stagnation of air 
masses or’’ and inserting ‘‘(i)(I) ordinarily oc-
curring stagnation of air masses or (II)’’; and 
(B) by inserting ‘‘or’’ after the semicolon; 
(2) by striking clause (ii); and 
(3) by redesignating clause (iii) as clause (ii). 
(i) 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 
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(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-
view and disposition of petitions submitted pursuant 
to such section 179B(b). 
(j) 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-
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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 peer reviewed by an independent 
panel of experts in accordance with the requirements 
applicable to a highly influential scientific assess-
ment. 
(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 Ad-
ministrator shall incorporate the results of the 
study, including the findings of the peer review 
panel, into any Federal rules and guidance imple-
menting the 2015 ozone standards. 
SEC. 4. 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: 
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‘‘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 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 mat-
ter by the applicable attainment date, if the State dem-
onstrates that the State would have avoided such defi-
ciency 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 
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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 
involved shall renew the demonstration required by sub-
section (a) at least once every 5 years.’’. 
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)). 
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