H. R. 3379
IN THE HOUSE OF REPRESENTATIVES
November 4, 2011
Mr. Berg (for himself and Mr. Lankford) introduced the following bill; which was referred to the Committee on Energy and Commerce
To amend the Clean Air Act to provide States increased flexibility in implementing standards through State implementation plans.
This Act may be cited as the
Regional Haze Federalism Act.
Section 110 of the Clean Air Act (42 U.S.C. 7410) is amended—
in subsection (c), by striking
(c)(1) The Administrator and all that follows through the end of
paragraph (1) and inserting the following:
Except as provided in subparagraph (C), unless the conditions described in subparagraph (B) are met, the Administrator shall promulgate a Federal implementation plan at any time after the date that is 2 years after the date on which the Administrator—
finds that a State has failed to make a required submission or finds that the plan or plan revision submitted by the State does not satisfy the minimum criteria established under subsection (k)(1)(A); or
disapproves a State implementation plan submission in whole or in part.
The conditions described in this subparagraph are that, before the date on which the Administrator promulgates a Federal implementation plan—
a State corrects a deficiency in a State implementation plan or plan revision submitted by the State; and
the Administrator approves the plan or plan revision.
Visibility protection plans
In the case of a Federal implementation plan promulgated after the date of enactment of this subparagraph in place of a State implementation plan under section 169A—
the Administrator shall promulgate such Federal implementation plan only if the Administrator makes a finding that the State submitting the State implementation plan failed to consider the factors described in paragraphs (1) and (2) of section 169A(g) in preparing and submitting the plan; and
compliance with the requirements of such Federal implementation plan shall not be required earlier than 5 years after the date of promulgation.
in subsection (k)—
by striking paragraph (3) and inserting the following:
Full and partial approval and disapproval
Except as provided in subparagraphs (B) through (D), in the case of any submission on which the Administrator is required to act under paragraph (2), the Administrator shall approve the submission as a whole if the submission meets all of the applicable requirements of this Act.
In reviewing any State implementation plan submitted pursuant to section 169A, the Administrator shall limit the review only to a determination of whether the State submitting the State implementation plan considered the factors described in paragraphs (1) and (2) of section 169A(g) in preparing and submitting the plan.
The Administrator shall approve as a whole any implementation plan submitted under section 169A that was prepared and submitted after consideration of the factors described in paragraphs (1) and (2) of section 169A(g).
Partial approval and disapproval
If a portion of a plan revision meets all applicable requirements of this Act, the Administrator may approve the plan revision in part and disapprove the plan revision in part.
A plan revision shall not be treated as meeting the requirements of this Act until the Administrator approves the entire plan revision as complying with the applicable requirements of this Act.
in paragraph (5)—
the first sentence, by striking
Whenever and inserting the
by adding at the end the following:
Notwithstanding subparagraph (A), with respect to an implementation plan or portion of an implementation plan approved pursuant to section 169A, the Administrator shall only find that such a plan or portion of a plan is substantially inadequate to meet standards for air pollutants that cause or contribute to the impairment of visibility, or any other applicable standard or requirement, under that section if the Administrator makes a finding that, in preparing the plan, the submitting State failed to consider the factors described in paragraphs (1) and (2) of section 169A(g).
Existing visibility plans
Request for revocation
At any time after the date of enactment of this subparagraph—
a State may request that the existing Federal or State implementation plan for the State regarding visibility or any determination made in calendar year 2010 or 2011 of best available retrofit technology pursuant to section 169A be revoked; and
upon receipt of such a request, the Administrator shall revoke the implementation plan.
Submission of new or revised plan
Upon a revocation under clause (i)(II), the State that requested the revocation shall, within a reasonable period of time, submit to the Administrator a visibility plan or a revised best available retrofit technology determination in accordance with this Act.
Visibility protection for Federal Class I areas
Section 169A of the Clean Air Act (42 U.S.C. 7491) is amended—
in subsection (b)(2), in the matter
preceding subparagraph (A), by striking
as may be necessary and
as the State determines, at the sole discretion of the State
after considering factors described in this section and providing adequate
opportunity for public comment, may be necessary; and
in subsection (g)—
by striking paragraph (1) and inserting the following:
in determining reasonable progress, there shall be taken into consideration—
the costs of compliance;
the time necessary for compliance;
the energy and nonair quality environmental impacts of compliance;
the remaining useful life of any existing source subject to requirements under this section;
the degree of improvement in visibility that may reasonably be anticipated to result from measures described in the applicable implementation plan; and
the economic impacts to the State (including people of the State);
in paragraph (2)—
(2) in determining best available retrofit technology the
State and inserting the following:
in determining the best available retrofit technology—
subparagraph (A) (as designated by clause (i)), by inserting
economic impacts to the State (including people of the State), after
life of the source,;
technology; and inserting
by adding at the end the following:
the determination of best available retrofit technology by the State for any source shall be subject to review by the Administrator or an administrative entity or Federal or State court only pursuant to a clearly erroneous standard of review;
in paragraph (4),
(or the date of promulgation of such a plan revision in the
case of action by the Administrator under section 110(c) for purposes of this