Title: Commonsense Legislative Exceptional Events Reforms Act of 2017
Policy area: Environmental Protection

Summary:
Commonsense Legislative Exceptional Events Reforms Act of 2017
This bill amends the Clean Air Act to revise the criteria used by the Environmental Protection Agency in reviewing state air quality monitoring data influenced by exceptional events. Currently, an exceptional event affects air quality, is not reasonably controllable or preventable, and is caused by a natural event or by human activity that is unlikely to recur at a particular location. This bill allows an exceptional event to include a meteorological event involving high temperatures or lack of precipitation.
Under current law, states may petition the EPA to exclude air quality monitoring data that are affected by an exceptional event in determining whether there were exceedances or violations of the National Ambient Air Quality Standards. The bill requires the criteria used by the EPA in determining whether an exceptional event was demonstrated by a state to be specific in order to minimize the discretion of the EPA in approving or disapproving the demonstration.
The EPA must make a determination within 90 days after the submission of a petition by a state of an exceptional event demonstration. The demonstration is approved if the EPA does not make a determination by that deadline.
A determination must be based on a preponderance of the evidence and give substantial deference to the findings of the state exceptional event demonstration. An appeal process for reviewing a disapproval of a demonstration is established.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 454 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 454

     To amend the Clean Air Act with respect to exceptional event 
                demonstrations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2017

  Mr. Flake (for himself, Mr. McCain, and Mr. Cotton) 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 with respect to exceptional event 
                demonstrations, 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 ``Commonsense Legislative Exceptional 
Events Reforms Act of 2017''.

SEC. 2. CLEAN AIR ACT EXCEPTIONAL EVENTS.

    Section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)) is 
amended--
            (1) in paragraph (1)(B)--
                    (A) in clause (i), by inserting ``or'' after the 
                semicolon;
                    (B) by striking clause (ii); and
                    (C) by redesignating clause (iii) as clause (ii); 
                and
            (2) in paragraph (3)--
                    (A) in subparagraph (B)(iv), by striking ``to 
                petition the Administrator to'' and inserting ``to 
                submit a petition (in this section referred to as an 
                `exceptional event demonstration') to the Administrator 
                to''; and
                    (B) by adding at the end the following:
                    ``(C) Criteria for determination of exceptional 
                event demonstration.--
                            ``(i) In general.--The criteria for 
                        evidence, analyses, and documentation 
                        applicable to approval or disapproval of an 
                        exceptional event demonstration under the 
                        regulations under this section shall be stated 
                        with specificity in order to minimize the 
                        discretion of the Administrator in approving or 
                        disapproving that demonstration.
                            ``(ii) State participation.--The 
                        Administrator shall develop the criteria in 
                        conjunction with input from the States.
                            ``(iii) Contents.--The criteria shall 
                        reflect the varying levels of technical 
                        expertise and resources 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.
                            ``(iv) Considerations.--In developing the 
                        criteria, the Administrator shall consider the 
                        use of an expedited or streamlined approval 
                        process and conditions under which exceptional 
                        event demonstrations may be suitable for such a 
                        process.
                    ``(D) Timing of determination of exceptional event 
                demonstration.--
                            ``(i) Deadline for determination.--
                                    ``(I) In general.--Not later than 
                                90 days after submission of an 
                                exceptional event demonstration, the 
                                Administrator shall approve, 
                                disapprove, or request additional 
                                information from a State regarding the 
                                exceptional event demonstration.
                                    ``(II) Administration.--If the 
                                Administrator does not approve, 
                                disapprove, or request additional 
                                information relating to an exceptional 
                                event demonstration within the 90-day 
                                period described in subclause (I), the 
                                demonstration shall be considered to be 
                                approved on the day after the date on 
                                which that 90-day period ends.
                            ``(ii) Deadline if additional information 
                        requested.--
                                    ``(I) In general.--If the 
                                Administrator requests additional 
                                information from a State regarding an 
                                exceptional event demonstration under 
                                clause (i), not later than 90 days 
                                after the submission of that additional 
                                information, the Administrator shall 
                                approve or disapprove the 
                                demonstration.
                                    ``(II) Administration.--If the 
                                Administrator does not approve or 
                                disapprove a demonstration for which 
                                additional information is submitted 
                                within the 90-day period described in 
                                subclause (I), the demonstration shall 
                                be considered to be approved.
                    ``(E) Burden of proof.--The regulations promulgated 
                under this section shall provide that--
                            ``(i) a determination by the Administrator 
                        with respect to approval or disapproval of an 
                        exceptional event demonstration be based on a 
                        preponderance of the evidence; and
                            ``(ii) in making a determination, the 
                        Administrator--
                                    ``(I) shall accord substantial 
                                deference to the findings of the State 
                                exceptional event demonstration; and
                                    ``(II) may develop and use analyses 
                                and consider evidence not provided in 
                                the exceptional event demonstration, 
                                subject to the condition that the 
                                analyses are developed by the 
                                Environmental Protection Agency.
                    ``(F) Appeals.--
                            ``(i) Disapproval.--
                                    ``(I) In general.--Subject to 
                                subclause (II), disapproval by the 
                                Administrator of an exceptional event 
                                demonstration shall be considered final 
                                action subject to judicial review under 
                                section 307(b).
                                    ``(II) Limitation.--Notwithstanding 
                                subclause (I), disapproval by the 
                                Administrator of an exceptional event 
                                demonstration shall only be subject to 
                                appeal by the State that submitted the 
                                exceptional event demonstration.
                            ``(ii) Approval.--Approval by the 
                        Administrator of an exceptional event 
                        demonstration shall not be subject to appeal or 
                        other judicial action.''.

SEC. 3. REVISION OF REGULATIONS.

    After providing for a notice and comment period, but not later than 
180 days after the date of enactment of this Act, the Administrator 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.
                                 <all>