Clean Air Fairness Act of 2014

Bill: 113-hr-4799
Sponsor: full_name: Rep. Olson, Pete [R-TX-22]
Introduced: 2014-06-02
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures

Air quality

Environmental Protection Agency (EPA)

Environmental regulatory procedures

Intergovernmental relations

State and local government operations

Supreme Court
Latest action: action_date: 2014-06-06
text: Referred to the Subcommittee on Energy and Power.

Summaries:
action_date: 2014-06-02
action_desc: Introduced in House
text: <p>Clean Air Fairness Act of 2014 - Amends the Clean Air Act to revise provisions concerning implementation plans for national primary and secondary ambient air quality standards.</p> <p>Prohibits the Administrator of the Environmental Protection Agency (EPA) from promulgating a federal implementation plan for a state related to national ambient air quality standards until the EPA: (1) promulgates a final rule identifying the emission reductions necessary to meet interstate transport of air emissions requirements, and (2) provides states at least two years to revise their state implementation plans (SIPs). (A federal implementation plan is created due to the failure of an SIP to contain adequate provisions prohibiting emissions activity which will contribute significantly to nonattainment in, or interfere with maintenance by, another state with any national ambient air quality standard.) Prohibits a state from being subjected to penalties for an inadequate SIP until these conditions are met. </p> <p>Prohibits the EPA from promulgating, implementing, or enforcing a federal implementation plan due to the failure of an SIP to comply with the Cross-State Air Pollution Rule unless the EPA: (1) takes into consideration the Supreme Court's decision in <i>Environmental Protection Agency et al. v. EME Homer City Generation, L.P., et al.</i>, (2) publishes a final notice indicating the EPA's intent to enforce the rule<i></i>, and (3) provides states with at least two years from the publication date to revise their SIPs. Prohibits a state from being subject to penalties for the failure of a SIP to comply with the rule until these conditions are met. </p>

tv_txt: I 113th CONGRESS 2d Session H. R. 4799 IN THE HOUSE OF REPRESENTATIVES June 2, 2014 Mr. Olson (for himself, Mr. Pompeo , Mr. Sessions , Mr. Burgess , Mr. Long , and Mr. Conaway ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act to give States adequate time to revise their State implementation plans to prevent emissions activity within such States from contributing significantly to nonattainment in, or interfering with maintenance by, any other State with respect to any national ambient air quality standard, and for other purposes.

1. Short title This Act may be cited as the Clean Air Fairness Act of 2014 . 2. Giving States adequate time To revise SIPs To address interstate transport of air emissions (a) Amendment to the Clean Air Act Section 110(a) of the Clean Air Act ( 42 U.S.C. 7410(a) ) is amended by adding at the end the following: (7) Notwithstanding the 2-year period for promulgating a Federal implementation plan described in subsection (c)(1), the Administrator shall not promulgate a Federal implementation plan, and a State shall not be subject to any penalty under this Act, for failure of its State implementation plan to meet the requirements of paragraph (2)(D)(i)(I) unless and until— (A) the Administrator, after providing notice and an opportunity for comment, promulgates a final rule identifying the emissions reductions necessary to meet such requirements; and (B) the Administrator provides such State with at least 2 years from the date of promulgation of such final rule to revise its State implementation plan to provide for such emissions reductions. . (b) Cross-State Air Pollution Rule (1) In general Notwithstanding the 2-year period for promulgating a Federal implementation plan described in section 110(c)(1) of the Clean Air Act ( 42 U.S.C. 7410(c)(1) ), the Administrator of the Environmental Protection Agency shall not promulgate, implement, or enforce a Federal implementation plan, and a State shall not be subject to any penalty under such Act, for failure of its State implementation plan to meet the State’s obligations under section 110(a)(2)(D)(i)(I) of such Act ( 42 U.S.C. 7410(a)(2)(D)(i)(I) ) set forth in CSAPR unless and until— (A) the Administrator, after taking into consideration the Supreme Court’s decision in Environmental Protection Agency et al. v. EME Homer City Generation, L.P., et al., 134 S. Ct. 1584 (2014), publishes a final notice in the Federal Register indicating the Administrator’s intent to implement and enforce such obligations; and (B) the Administrator provides such State with at least 2 years from the date of such publication to revise its State implementation plan to address such obligations. (2) CSAPR definition In this subsection, the term CSAPR means the rule entitled Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals published at 76 Fed. Reg. 48208 (August 8, 2011) and any subsequent revisions to such rule.