S.Amdt. 2976

SA 2976. Mr. CASSIDY (for himself and Mr. Inhofe) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. OZONE NATIONAL AMBIENT AIR QUALITY STANDARD
DEADLINE HARMONIZATION.

(a) Definitions.--In this section:
(1) 2008 ozone standards.--The term ``2008 ozone
standards'' means the ozone standards described in the final
rule entitled ``National Ambient Air Quality Standards for
Ozone'' (73 Fed. Reg. 16436 (March 27, 2008)).
(2) 2015 ozone standards.--The term ``2015 ozone
standards'' means the ozone standards described in the final
rule entitled ``National Ambient Air Quality Standards for
Ozone'' (80 Fed. Reg. 65292 (October 26, 2015)).
(3) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(4) Best available control technology.--The term ``best
available control technology'' has the meaning given the term
in section 169 of the Clean Air Act (42 U.S.C. 7479).
(5) Lowest achievable emission rate.--The term ``lowest
achievable emission rate'' has the meaning given the term in
section 171 of the Clean Air Act (42 U.S.C. 7501).
(6) Preconstruction permit.--
(A) In general.--The term ``preconstruction permit'' means
a permit that is required under part C or D of title I of the
Clean Air Act (42 U.S.C. 7470 et seq.) for the construction
or modification of a major emitting facility or major
stationary source.
(B) Inclusion.--The term ``preconstruction permit''
includes a permit described in subparagraph (A) issued by the
Administrator or a State, local, or tribal permitting
authority.
(b) Ozone Standards Implementation Schedule
Harmonization.--
(1) Designation submission.--Not later than October 26,
2024, the Governor of each State shall designate in
accordance with section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)) all areas (or portions of areas) of the State
as attainment, nonattainment, or unclassifiable with respect
to the 2015 ozone standards.
(2) Designation promulgation.--Not later than October 26,
2025, the Administrator shall promulgate final designations
under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d))
for all areas in all States with respect to the 2015 ozone
standards, including any modifications to the designations
submitted under paragraph (1).
(3) State implementation plans.--Not later than October 26,
2026, notwithstanding the deadline specified in section
110(a)(1) of the Clean Air Act (42 U.S.C. 7410(d)(1)), each
State shall submit the plan required by that section for the
2015 ozone standards.
(c) Certain Preconstruction Permits.--
(1) In general.--The 2015 ozone standards shall not apply
to the review and disposition of a preconstruction permit
application if--
(A) the Administrator or the State, local, or tribal
permitting authority, as applicable, determines the
application to be complete on or before the date of
promulgation of final designations under subsection (b)(2);
or
(B) the Administrator or the State, local, or tribal
permitting authority, as applicable, publishes a public
notice of a preliminary determination or draft permit for the
application before the date that is 60 days after the date of
promulgation of final designations under subsection (b)(2).
(2) Rules of construction.--Nothing in this subsection--
(A) eliminates the obligation of a preconstruction permit
applicant to install best available control technology and
lowest achievable emissions rate technology, as applicable;
or
(B) limits the authority of a State, local, or tribal
permitting authority to impose more stringent emissions
requirements pursuant to State, local, or tribal law than
Federal national ambient air quality standards established by
the Environmental Protection Agency.
(d) Adjustment of 5-year Review Cycle.--Notwithstanding
section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)), the
Administrator shall not--
(1) complete, before October 26, 2025, any review of the
criteria for ozone published under section 108 of that Act
(42 U.S.C. 7408) or the national ambient air quality standard
for ozone promulgated under section 109 of that Act (42
U.S.C. 7409); or
(2) propose, before October 26, 2025, any revisions to
those criteria or standards.
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