I 
114TH CONGRESS 
1ST SESSION H. R. 4000 
To harmonize requirements of the 2008 and 2015 ozone national ambient 
air quality standards, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2015 
Mr. FLORES introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To harmonize requirements of the 2008 and 2015 ozone 
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 ‘‘Ozone National Ambi-
ent Air Quality Standard Deadline Harmonization Act of 
2015’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Ozone precursor emissions have been re-
duced by over 50 percent since 1980, resulting in a 
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33-percent improvement of ozone air quality. The 
Environmental Protection Agency projects this im-
provement will continue even under rules and pro-
grams already in place. 
(2) States are just beginning to implement the 
2008 ozone standards, for which the Environmental 
Protection Agency published State implementation 
plan requirements on February 13, 2015. Notwith-
standing this delayed implementation of the 2008 
ozone standards, the Environmental Protection 
Agency published the 2015 ozone standards on Octo-
ber 26, 2015. 
(3) With publication of the 2015 ozone stand-
ards so early in the implementation of the 2008 
ozone standards, States face the prospect of simulta-
neously implementing two national ambient air qual-
ity standards for ozone. 
(4) In addition, counties face severe statutorily 
imposed consequences if designated as nonattain-
ment or for failing to meet attainment deadlines, 
even if those counties would ultimately achieve at-
tainment with no further action. 
(5) If the 2008 and 2015 ozone standards im-
plementation schedules are not harmonized, already 
strained State resources will be burdened by overlap-
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SEC. 4. CERTAIN PRECONSTRUCTION PERMITS. 
(a) IN GENERAL.—The 2015 ozone standards 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, determines 
the application to be complete on or before the date 
of promulgation of final designations under section 
3(b); 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 final 
designations under section 3(b). 
(b) RULES OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to— 
(1) eliminate the obligation of a preconstruction 
permit applicant to install best available control 
technology and lowest achievable emissions rate 
technology, 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 Federal national ambient air quality 
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standards established by the Environmental Protec-
tion Agency. 
SEC. 5. ADJUSTMENT OF 5-YEAR REVIEW CYCLE. 
(a) 10-YEAR CYCLE FOR ALL CRITERIA AIR POL-
LUTANTS.—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 ‘‘ten-year intervals’’. 
(b) CYCLE FOR NEXT REVIEW OF OZONE CRITERIA 
AND STANDARDS.—Notwithstanding section 109(d) of the 
Clean Air Act (42 U.S.C. 7409(d)), the Administrator of 
the Environmental Protection Agency shall not— 
(1) complete, before October 26, 2025, any re-
view 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 
(2) propose, before such date, any revisions to 
such criteria or standards. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) The term ‘‘2008 ozone standards’’ means 
the national ambient air quality standards for ozone 
published in the Federal Register on March 27, 
2008 (73 Fed. Reg. 16436). 
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(2) 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). 
(3) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency. 
(4) 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)). 
(5) The term ‘‘lowest achievable emissions rate’’ 
has the meaning given to that term in section 
171(3) of the Clean Air Act (42 U.S.C. 7501(3)). 
(6) The term ‘‘preconstruction permit’’— 
(A) means a permit that is required under 
part C or D of title I of the Clean Air Act (42 
U.S.C. 7470 et seq.) for the construction or 
modification of a major emitting facility or 
major stationary source; and 
(B) includes any such permit issued by the 
Environmental Protection Agency or a State, 
local, or tribal permitting authority. 
Æ 
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