S.Amdt. 1863

SA 1863. Mr. ENZI (for himself, Mr. Barrasso, and Mr. Flake) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 47, between lines 16 and 17, insert the following:

SEC. 401. REGIONAL HAZE PROGRAM.

Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency (referred to in this section as the “Administrator”) shall not reject or disapprove in whole or in part a State regional haze implementation plan addressing any regional haze regulation of the Environmental Protection Agency (including the regulations described in section 51.308 of title 40, Code of Federal Regulations (or successor regulations)) if--

(1) the State has submitted to the Administrator a State implementation plan for regional haze that--

(A) considers the factors identified in section 169A of the Clean Air Act (42 U.S.C. 7491); and

(B) applies the relevant laws (including regulations);

(2) the Administrator fails to demonstrate using the best available science that a Federal implementation plan action governing a specific source, when compared to the State plan, does not result in greater than a 1.0 deciview improvement in any class I area (as classified under section 162 of the Clean Air Act (42 U.S.C. 7472)); and

(3) implementation of the Federal implementation plan, when compared to the State plan, will result in an economic cost to the State or to the private sector of greater than $100,000,000 in any fiscal year or $300,000,000 in the aggregate.