I 
115TH CONGRESS 
1ST SESSION 
H. R. 806 
To facilitate efficient State implementation of ground-level ozone standards, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 1, 2017 
Mr. OLSON (for himself, Mr. FLORES, Mr. LATTA, Mr. BISHOP of Georgia, 
Mr. MCCARTHY, Mr. CUELLAR, Mr. SCALISE, Mr. COSTA, Mr. CRAMER, 
Mr. LONG, Mr. JENKINS of West Virginia, Mr. BURGESS, Mr. RENACCI, 
Mr. HENSARLING, Mr. MCKINLEY, Mr. GUTHRIE, Mr. BUCSHON, Mr. 
JOHNSON of Ohio, Mr. WEBER of Texas, and Mr. BABIN) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ozone Standards Im-
plementation Act of 2017’’. 
SEC. 2. FACILITATING STATE IMPLEMENTATION OF EXIST-
ING OZONE STANDARDS. 
(a) DESIGNATIONS.— 
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(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)), the Gov-
ernor of each State shall designate in accordance 
with such section 107(d) all areas (or portions there-
of) of the Governor’s State as attainment, nonattain-
ment, or unclassifiable with respect to the 2015 
ozone standards. 
(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)), the Adminis-
trator shall promulgate final designations under 
such section 107(d) for all areas in all States with 
respect to the 2015 ozone standards, including any 
modifications to the designations submitted under 
paragraph (1). 
(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)), each State shall 
submit the plan required by such section 110(a)(1) 
for the 2015 ozone standards. 
(b) CERTAIN PRECONSTRUCTION PERMITS.— 
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(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, de-
termines the application to be complete on or 
before the date of promulgation of the final des-
ignation 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 deter-
mination or draft permit for the application be-
fore 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 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 
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State, local, or tribal law than national ambient 
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 
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. 
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(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, 
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.’’. 
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(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 
standard concurrently with such standard, then such 
standard shall not apply to the review and disposi-
tion of a preconstruction permit application until the 
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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. 
‘‘(4) DEFINITIONS.—In this subsection: 
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‘‘(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. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
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(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-
tion Quality Bulletin for Peer Review’’ (70 Fed. 
Reg. 2664 (January 14, 2005)). 
(4) LOWEST
ACHIEVABLE
EMISSION
RATE.— 
The term ‘‘lowest achievable emission rate’’ has the 
meaning given to that term in section 171(3) of the 
Clean Air Act (42 U.S.C. 7501(3)). 
(5) NATIONAL AMBIENT AIR QUALITY STAND-
ARD.—The term ‘‘national ambient air quality 
standard’’ means a national ambient air quality 
standard promulgated under section 109 of the 
Clean Air Act (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 et 
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seq.) for the construction or modification of a 
stationary source; and 
(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’’ means the national ambient air 
quality standards for ozone published in the Federal 
Register on October 26, 2015 (80 Fed. Reg. 65292). 
SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. 
No additional funds are authorized to be appro-
priated 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. 
Æ 
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