IB 
Union Calendar No. 157 
115TH CONGRESS 
1ST SESSION 
H. R. 806 
[Report No. 115–222] 
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 
JULY 14, 2017 
Additional sponsors: Mr. ROKITA, Mr. VALADAO, Mr. SESSIONS, Mr. 
GROTHMAN, and Mr. SMITH of Texas 
JULY 14, 2017 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 1, 2017] 
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A BILL 
To facilitate efficient State implementation of ground-level 
ozone standards, and for other purposes. 
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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 Imple-
mentation Act of 2017’’. 
SEC. 2. FACILITATING STATE IMPLEMENTATION OF EXIST-
ING OZONE STANDARDS. 
(a) DESIGNATIONS.— 
(1) DESIGNATION SUBMISSION.—Not later than 
October 26, 2024, notwithstanding the deadline speci-
fied in paragraph (1)(A) of section 107(d) of the 
Clean Air Act (42 U.S.C. 7407(d)), the Governor of 
each State shall designate in accordance with such 
section 107(d) all areas (or portions thereof) of the 
Governor’s State as attainment, nonattainment, or 
unclassifiable with respect to the 2015 ozone stand-
ards. 
(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 Administrator 
shall promulgate final designations under such sec-
tion 107(d) for all areas in all States with respect to 
the 2015 ozone standards, including any modifica-
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tions 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.— 
(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, deter-
mines the application to be complete on or before 
the date of promulgation of the final designation 
of the area involved under subsection (a)(2); or 
(B) the Administrator or the State, local, or 
Tribal permitting authority, as applicable, pub-
lishes 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). 
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(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 
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 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’’. 
(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— 
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(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 revisions 
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 consultation with 
the independent scientific review committee appointed 
under subsection (d), finds that a range of levels of air qual-
ity for an air pollutant are requisite to protect public health 
with an adequate margin of safety, as described in the pre-
ceding sentence, the Administrator may consider, as a sec-
ondary consideration, likely technological feasibility in es-
tablishing and revising the national primary 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 following: 
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‘‘(D) Prior to establishing or revising a national ambi-
ent air quality standard, the Administrator shall request, 
and such committee shall 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.’’. 
(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 fol-
lowing: 
‘‘(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, permit-
ting authorities, and permit applicants, concurrently 
publish regulations and guidance for implementing 
the standard, including information relating to sub-
mission and consideration of a preconstruction per-
mit 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 
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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.— 
‘‘(A) Nothing in this subsection shall be con-
strued to preclude the Administrator from 
issuing regulations and guidance to assist States, 
permitting authorities, and permit applicants in 
implementing a national ambient air quality 
standard subsequent to publishing regulations 
and guidance for such standard under para-
graph (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 con-
strued to limit the authority of a State, local, or 
Tribal permitting authority to impose more 
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stringent emissions requirements pursuant to 
State, local, or Tribal law than national ambi-
ent 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). 
‘‘(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 author-
ity.’’. 
(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 sen-
tences and any other provision of this Act, such measures 
shall not be required for any nonattainment area for ozone 
classified as an Extreme Area.’’. 
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(f) 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 
(B) by striking ‘‘, and the provisions of 
clause (ii) of subsection (b)(1)(A) (relating to re-
ductions 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 pe-
riod. 
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(g) PLAN REVISIONS FOR MILESTONES FOR PARTICU-
LATE 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 technological 
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 amended— 
(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 pol-
lution, including emissions from sources located out-
side North America, impact— 
(A) designations of areas (or portions there-
of) 
as 
nonattainment, 
attainment, 
or 
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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-
view and disposition of petitions submitted pursuant 
to such section 179B(b). 
(j) STUDY ON OZONE FORMATION.— 
(1) STUDY.—The Administrator, in consultation 
with States and the National Oceanic and Atmos-
pheric 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 
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ozone formation in urban and rural areas, in-
cluding during wildfires, and the most cost-effec-
tive 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 appli-
cable to a highly influential scientific assessment. 
(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 Admin-
istrator shall incorporate the results of the study, in-
cluding the findings of the peer review panel, into 
any Federal rules and guidance implementing 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 amended 
by inserting after section 179B the following new section: 
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‘‘SEC. 179C. APPLICABILITY OF SANCTIONS AND FEES IF 
EMISSIONS BEYOND CONTROL. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion 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 matter by the 
applicable attainment 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 non-
attainment area. 
‘‘(2) Emissions from an exceptional event (as de-
fined in section 319(b)(1)). 
‘‘(3) Emissions from mobile sources to the extent 
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. 
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‘‘(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 obligation 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 quality 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 subsection (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 TECHNOLOGY.— 
The term ‘‘best available control technology’’ has the 
meaning given to that term in section 169(3) of the 
Clean Air Act (42 U.S.C. 7479(3)). 
(3) HIGHLY
INFLUENTIAL
SCIENTIFIC
ASSESS-
MENT.—The term ‘‘highly influential scientific assess-
ment’’ means a highly influential scientific assess-
ment as defined in the publication of the Office of 
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Management and Budget entitled ‘‘Final Information 
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 mean-
ing 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 stand-
ard’’ 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 
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). 
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SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED. 
No additional funds are authorized to be appropriated 
to carry out the requirements of this Act and the amend-
ments made by this Act. Such requirements shall be carried 
out using amounts otherwise authorized. 
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Union Calendar No. 157 
115TH CONGRESS 
1ST SESSION 
H. R. 806 
[Report No. 115–222] 
A BILL 
To facilitate efficient State implementation of 
ground-level ozone standards, and for other pur-
poses. 
JULY 14, 2017 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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