Administrator to’’ and inserting ‘‘to submit a petition (in 
this section referred to as an ‘exceptional event dem-
onstration’) to the Administrator to’’. 
(b) CRITERIA.—Section 319(b)(3) of the Clean Air 
Act (42 U.S.C. 7619(b)(3)) is amended by adding at the 
end the following: 
‘‘(C) CRITERIA
FOR
DETERMINATION
OF 
EXCEPTIONAL
EVENT
DEMONSTRATION.—The 
criteria for evidence, analyses, and documenta-
tion applicable to approval or disapproval of an 
exceptional event demonstration under the regu-
lations under this section shall be stated with 
specificity in order to minimize the discretion of 
the Administrator in approving or disapproving 
such demonstration. The Administrator shall 
develop such criteria in conjunction with input 
from the States. Such criteria shall reflect the 
varying level of technical expertise and re-
sources available in State and local agencies 
and the varying availability of meteorological 
and other monitoring data in rural areas, and 
may vary with respect to different regions. In 
developing such criteria, the Administrator shall 
also consider use of an expedited or streamlined 
approval process and conditions under which 
VerDate Mar 15 2010 
22:59 May 09, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5381.IH
H5381
srobinson on DSK4SPTVN1PROD with BILLS
exceptional event demonstrations may be suit-
able for such a process.’’. 
(c) TIMING OF APPROVAL OR DISAPPROVAL OF EX-
CEPTIONAL EVENT DEMONSTRATION.—Section 319(b)(3) 
of the Clean Air Act (42 U.S.C. 7619(b)(3)) is further 
amended by adding at the end the following: 
‘‘(D) TIMING OF DETERMINATION OF EX-
CEPTIONAL EVENT DEMONSTRATION.— 
‘‘(i) 
DEADLINE
FOR
DETERMINA-
TION.—Not later than 90 days after sub-
mission of an exceptional event demonstra-
tion, the Administrator shall approve, dis-
approve, or request additional information 
from a State regarding such an exceptional 
event demonstration. If the Administrator 
does not take any action with respect to an 
exceptional event demonstration within 
such 90-day period, such demonstration 
shall be considered approved. 
‘‘(ii) DEADLINE
IF
ADDITIONAL
IN-
FORMATION REQUESTED.—If the Adminis-
trator requests additional information from 
a State regarding an exceptional event 
demonstration under clause (i), not later 
than 90 days after the submission of such 
VerDate Mar 15 2010 
22:59 May 09, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5381.IH
H5381
srobinson on DSK4SPTVN1PROD with BILLS
additional information, the Administrator 
shall approve or disapprove such dem-
onstration. If the Administrator does not 
approve or disapprove such a demonstra-
tion for which additional information is 
submitted within such 90-day period, such 
demonstration shall be considered ap-
proved.’’. 
(d) BURDEN OF PROOF.—Section 319(b)(3) of the 
Clean Air Act (42 U.S.C. 7619(b)(3)) is further amended 
by adding at the end the following: 
‘‘(E) BURDEN
OF
PROOF.—The regula-
tions promulgated under this section shall pro-
vide that a determination by the Administrator 
with respect to approval or disapproval of an 
exceptional event demonstration be based on a 
preponderance of the evidence. In making any 
such determination, the Administrator shall ac-
cord substantial deference to the findings of the 
State exceptional event demonstration and may 
develop and use analyses and consider evidence 
not provided by such exceptional event dem-
onstration.’’. 
VerDate Mar 15 2010 
22:59 May 09, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5381.IH
H5381
srobinson on DSK4SPTVN1PROD with BILLS
(e) APPEALS.—Section 319(b)(3) of the Clean Air 
Act (42 U.S.C. 7619(b)(3)) is further amended by adding 
at the end the following: 
‘‘(F) APPEALS.—Approval or disapproval 
by the Administrator of an exceptional event 
demonstration shall be considered final action 
subject 
to 
judicial 
review 
under 
section 
307(b).’’. 
(f) REVISION OF REGULATIONS.—Not later than 180 
days after the date of enactment of this Act, the Adminis-
trator of the Environmental Protection Agency shall revise 
the regulations under section 319(b) of the Clean Air Act 
(42 U.S.C. 7619(b)) to carry out the amendments made 
by this Act. 
Æ 
VerDate Mar 15 2010 
22:59 May 09, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H5381.IH
H5381
srobinson on DSK4SPTVN1PROD with BILLS