S.Amdt. 39

1. Adds SEC. __. REGIONAL HAZE PROGRAM after section 2

   Adds a section

   In S. 1 · Placed on Calendar Senate

   (e) Private Property Savings Clause.--Nothing in this Act alters any Federal, State, or local process or condition in effect on the date of enactment of this Act that is necessary to secure access from an owner of private property to construct the pipeline and cross-border facilities described in subsection (a).

   Inserted: SEC. __. REGIONAL HAZE PROGRAM.

   Inserted: (a) In General.--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 implementation plan addressing any regional haze regulation of the Environmental Protection Agency (including the regulations described in sections 51.308 and 51.309 of title 40, Code of Federal Regulations (or successor regulations)), if--

   Inserted: (1) the State--

   Inserted: (A) has submitted to the Administrator a State implementation plan for regional haze that considers the factors identified in section 169A of the Clean Air Act (42 U.S.C. 7491); and

   Inserted: (B) substantially applied the relevant laws (including regulations) in determining the final plan to be selected;

   Inserted: (2) the Administrator cannot demonstrate, using the best available science, that a Federal implementation plan action governing a specific emissions source or emissions unit, when compared to the State plan, will result in greater than a 1.0 deciview improvement from any new emissions control in any single class I area (as classified under section 162 of the Clean Air Act (42 U.S.C. 7472)), based on a 3-year average of the maximum 98th-percentile impact; or

   Inserted: (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.

   Inserted: (b) Applicability.--This section applies to all State implementation plans described in subsection (a) submitted to the Administrator before, on, or after the date of enactment of this Act.

   Original wording

   After section 2, insert the following:

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As printed