< Back to H.R. 3379 (112th Congress, 2011–2013)

Text of the Regional Haze Federalism Act

This bill was introduced on November 4, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Nov 4, 2011 (Introduced).

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Source: GPO

I

112th CONGRESS

1st Session

H. R. 3379

IN THE HOUSE OF REPRESENTATIVES

November 4, 2011

(for himself and Mr. Lankford) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Clean Air Act to provide States increased flexibility in implementing standards through State implementation plans.

1.

Short title

This Act may be cited as the Regional Haze Federalism Act.

2.

Implementation plans

Section 110 of the Clean Air Act (42 U.S.C. 7410) is amended—

(1)

in subsection (c), by striking (c)(1) The Administrator and all that follows through the end of paragraph (1) and inserting the following:

(c)

Federal plans

(1)

Plans

(A)

In general

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—

(i)

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

(ii)

disapproves a State implementation plan submission in whole or in part.

(B)

Conditions

The conditions described in this subparagraph are that, before the date on which the Administrator promulgates a Federal implementation plan—

(i)

a State corrects a deficiency in a State implementation plan or plan revision submitted by the State; and

(ii)

the Administrator approves the plan or plan revision.

(C)

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—

(i)

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

(ii)

compliance with the requirements of such Federal implementation plan shall not be required earlier than 5 years after the date of promulgation.

; and

(2)

in subsection (k)—

(A)

by striking paragraph (3) and inserting the following:

(3)

Full and partial approval and disapproval

(A)

In general

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.

(B)

Review

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.

(C)

Visibility plans

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).

(D)

Partial approval and disapproval

(i)

In general

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.

(ii)

Full approval

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.

; and

(B)

in paragraph (5)—

(i)

in the first sentence, by striking Whenever and inserting the following:

(A)

In general

Whenever

; and

(ii)

by adding at the end the following:

(B)

Visibility plans

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).

(C)

Existing visibility plans

(i)

Request for revocation

At any time after the date of enactment of this subparagraph—

(I)

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

(II)

upon receipt of such a request, the Administrator shall revoke the implementation plan.

(ii)

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.

.

3.

Visibility protection for Federal Class I areas

Section 169A of the Clean Air Act (42 U.S.C. 7491) is amended—

(1)

in subsection (b)(2), in the matter preceding subparagraph (A), by striking as may be necessary and inserting 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

(2)

in subsection (g)—

(A)

by striking paragraph (1) and inserting the following:

(1)

in determining reasonable progress, there shall be taken into consideration—

(A)

the costs of compliance;

(B)

the time necessary for compliance;

(C)

the energy and nonair quality environmental impacts of compliance;

(D)

the remaining useful life of any existing source subject to requirements under this section;

(E)

the degree of improvement in visibility that may reasonably be anticipated to result from measures described in the applicable implementation plan; and

(F)

the economic impacts to the State (including people of the State);

;

(B)

in paragraph (2)—

(i)

by striking (2) in determining best available retrofit technology the State and inserting the following:

(2)

in determining the best available retrofit technology—

(A)

the State

;

(ii)

in subparagraph (A) (as designated by clause (i)), by inserting the economic impacts to the State (including people of the State), after life of the source,;

(iii)

by striking technology; and inserting technology; and; and

(iv)

by adding at the end the following:

(B)

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;

; and

(C)

in paragraph (4), by striking (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 section).