Title: ADAAPT Act
Policy area: Environmental Protection

Summary:
Air Designation Actions in Areas of Pollutant Transport Act or the ADAAPT Act
This bill amends the Clean Air Act to revise requirements for certain nonattainment areas, including provisions related to international border areas, marginal areas, and rural transport areas.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2825 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2825

      To amend the Clean Air Act to modify provisions relating to 
international border areas, marginal areas, and rural transport areas, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2018

 Mr. Flake (for himself and Mr. McCain) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
      To amend the Clean Air Act to modify provisions relating to 
international border areas, marginal areas, and rural transport areas, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Designation Actions in Areas of 
Pollutant Transport Act'' or the ``ADAAPT Act''.

SEC. 2. AMENDMENTS TO THE CLEAN AIR ACT.

    (a) International Border Areas.--Section 179B of the Clean Air Act 
(42 U.S.C. 7509a) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``the Act'' and inserting ``this 
                Act''; and
                    (B) by striking ``, and'' and inserting ``; and'';
            (2) in subsection (b), by striking ``section 181(a)(2) or 
        (5)'' and inserting ``section 181(b)(2)'';
            (3) in subsection (c), by striking ``or (9)''; and
            (4) by adding at the end the following:
    ``(e) Action on Demonstration.--Not later than 180 days after the 
date on which the Administrator receives a demonstration of attainment 
submitted by a State under subsection (b), (c), or (d), the 
Administrator shall approve or disapprove the demonstration.''.
    (b) Marginal Areas.--Section 182(a)(2) of the Clean Air Act (42 
U.S.C. 7511a(a)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``requirements--'' and inserting ``requirements:''; and
            (2) in subparagraph (C)--
                    (A) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), respectively, and indenting 
                appropriately;
                    (B) in the matter preceding subclause (I) (as so 
                designated), by striking ``Within'' and inserting the 
                following:
                            ``(i) Revision.--Subject to clause (ii), 
                        not later than''; and
                    (C) by adding at the end the following:
                            ``(ii) Certain nonattainment areas.--
                                    ``(I) Applicability.--Section 
                                173(a)(1) shall not apply to a revision 
                                submitted to the Administrator under 
                                clause (i) for a nonattainment area 
                                described in subclause (III).
                                    ``(II) Best available control 
                                technology.--With respect to a revision 
                                submitted to the Administrator under 
                                clause (i) for a nonattainment area 
                                described in subclause (III), a State 
                                may substitute the best available 
                                control technology (as defined in 
                                section 169) for the lowest achievable 
                                emission rate.
                                    ``(III) Nonattainment areas.--A 
                                nonattainment area described in this 
                                subclause is a nonattainment area--
                                            ``(aa) with an 
                                        implementation plan or plan 
                                        revision approved under section 
                                        179B(a);
                                            ``(bb) for which the 
                                        Administrator has approved a 
                                        demonstration of attainment for 
                                        ozone under section 179B(b); or
                                            ``(cc) that is treated by 
                                        the Administrator as a rural 
                                        transport area (within the 
                                        meaning of subsection 
                                        (h)(2)).''.
    (c) Rural Transport Areas.--Section 182(h) of the Clean Air Act (42 
U.S.C. 7511a(h)) is amended--
            (1) in paragraph (1), by striking ``does not include'' and 
        all that follows through ``, which area''; and
            (2) by adding at the end the following:
            ``(3) Timeline.--Not later than 180 days after the date on 
        which the Administrator receives a demonstration submitted by a 
        State to secure treatment by the Administrator of an ozone 
        nonattainment area in the State as a rural transport area 
        (within the meaning of paragraph (2)), the Administrator 
        shall--
                    ``(A) approve or disapprove the demonstration; and
                    ``(B) make, or decline to make, a finding under 
                paragraph (2).''.
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