I 
112TH CONGRESS 
1ST SESSION H. R. 1582 
To address the application of the national primary ambient air quality stand-
ard for ozone with respect to extreme nonattainment areas, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2011 
Mr. MCCARTHY of California (for himself, Mr. NUNES, Mr. DENHAM, and Mr. 
ISSA) introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To address the application of the national primary ambient 
air quality standard for ozone with respect to extreme 
nonattainment areas, 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 ‘‘Commonsense Ozone 
Regulation Act’’. 
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SEC. 2. EXCLUSIVE APPLICATION OF 8-HOUR NAAQS TO 
COVERED EXTREME OZONE NONATTAINMENT 
AREAS. 
(a) IN GENERAL.—Notwithstanding section 172(e) of 
the Clean Air Act (42 U.S.C. 7502(e)), any covered ex-
treme ozone nonattainment area shall not be subject to 
any control (as defined in section 4(2)) pursuant to the 
1-hour national primary ambient air quality standard for 
ozone. 
(b) RETROACTIVE APPLICABILITY.—Subsection (a) 
applies as of the effective date of the classification of the 
area involved as extreme pursuant to the 8-hour national 
primary ambient air quality standard for ozone promul-
gated on July 18, 1997 (62 Fed. Reg. 38856). 
SEC. 3. POSTPONEMENT OF FUTURE OZONE STANDARDS 
FOR COVERED EXTREME OZONE NONATTAIN-
MENT AREAS. 
(a) POSTPONEMENT OF STANDARD.—With respect to 
any covered extreme ozone nonattainment area— 
(1) the Administrator may take such steps as 
are necessary to classify the area pursuant to any 
rule setting the level of the 8-hour national primary 
ambient air quality standard for ozone below 0.08 
parts per million; and 
(2) until the date that is 6 months after a re-
port on the feasability of compliance in the area with 
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the rule described in paragraph (1) is submitted to 
the Congress and the Administrator under sub-
section (b)(4)— 
(A) the rule described in paragraph (1) 
shall not otherwise apply; and 
(B) the 8-hour national primary ambient 
air quality standard for ozone in effect as of 
January 1, 2011, shall continue to apply. 
(b) LOCAL ADVISORY COMMITTEES.— 
(1) ESTABLISHMENT
AND
APPLICABILITY.— 
Subsection (a) applies with respect to a covered ex-
treme ozone nonattainment area only if the gov-
erning board of the responsible local air agency 
agrees to establish, in accordance with this sub-
section, a local advisory committee to study the fea-
sibility of compliance in such area with a rule de-
scribed in subsection (a)(1). 
(2) MEMBERS.—Each local advisory committee 
under this subsection shall be composed of the fol-
lowing members, to be appointed by the governing 
board of the responsible local air agency: 
(A) A representative of the governing 
board of the responsible local air agency. 
(B) A local representative of the energy in-
dustry. 
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(C) A local representative of the agri-
culture industry. 
(D) A local representative of the manufac-
turing and processing industry. 
(E) A local representative of the transpor-
tation industry. 
(F) A local representative of local govern-
ment. 
(G) A local representative of the health 
care industry. 
(H) A local environmental justice rep-
resentative. 
(3) STUDY.— 
(A) FEASIBILITY
OF
COMPLIANCE
WITH 
RULE.—Each local advisory committee under 
this subsection shall conduct a study on the 
feasability of compliance in the applicable cov-
ered extreme ozone nonattainment area with a 
rule described in subsection (a)(1), taking into 
account— 
(i) topography of the area; 
(ii) weather in the area; 
(iii) foreign sources of pollution (both 
stationary and mobile) that cause ozone 
formation in the area; 
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(iv) pass-through traffic and its im-
pact on ozone formation in the area; 
(v) exceptional events in the area; 
(vi) current and future technologies 
needed to bring the area into compliance 
with the rule; and 
(vii) natural ozone background levels 
in the area. 
(B) COSTS OF COMPLIANCE WITH RULE.— 
Each study described in subparagraph (A) shall 
address the potential adverse employment im-
pacts of, and the costs of compliance with, a 
rule described in subsection (a)(1) for local 
businesses, agriculture operations, and residents 
in the applicable covered extreme ozone non-
attainment area. 
(4) REPORT.—Not later than 5 years after a 
rule described in subsection (a)(1) is promulgated as 
final— 
(A) each local advisory committee under 
this subsection shall submit to the governing 
board of the responsible local air agency a re-
port on the results of the study by the com-
mittee under paragraph (3), including any find-
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ings and recommendations of the committee; 
and 
(B) such governing board shall imme-
diately submit such report, without change, to 
the Congress and the Administrator. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CONTROL.—The term ‘‘control’’ has the 
meaning given to such term for purposes of section 
172(e) of the Clean Air Act (42 U.S.C. 7502(e)) and 
includes any fee or penalty under section 185 of 
such Act (42 U.S.C. 7511d)). 
(3) COVERED
EXTREME
OZONE
NONATTAIN-
MENT
AREA.—The term ‘‘covered extreme ozone 
nonattainment area’’ means a nonattainment area 
for ozone classified as extreme as of January 1, 
2011, pursuant to the 8-hour national primary am-
bient air quality standard for ozone promulgated on 
July 18, 1997 (62 Fed. Reg. 38856). 
(4) EXCEPTIONAL EVENT.—The term ‘‘excep-
tional event’’ has the meaning given such term in 
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section 319(b) of the Clean Air Act (42 U.S.C. 
7619(b)). 
(5) RESPONSIBLE
LOCAL
AIR
AGENCY.—The 
term ‘‘responsible local air agency’’ means the local 
air district or other local government agency or au-
thority with responsibility for enforcing requirements 
relating to the prevention and regulation of air pol-
lution for the area involved. 
Æ 
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