II
109th CONGRESS
2d Session
S. 3868
IN THE SENATE OF THE UNITED STATES
September 7 (legislative day, September 6), 2006
Mr. Inhofe introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To amend the Clean Air Act to encourage the most polluted areas in the United States to attain clean air standards.
Short title
This Act may be cited as the
Clean Air Attainment Enforcement
Act
.
Imposition of sanctions
Section 179 of the Clean Air Act (42 U.S.C. 7509) is amended—
in subsection
(a), by striking For any implementation
and inserting
Except as provided in subsection (e), for any implementation
;
and
by adding at the end the following:
Sanctions for covered areas
Definition of covered area
In this subsection, the term covered area means any area that is classified as—
a PM2.5 nonattainment area under—
the final rule
entitled Air Quality Designations and Classifications for the Fine
Particles (PM2.5) National Ambient Air Quality Standards
(70 Fed. Reg.
944 (January 5, 2005)); or
any final
nonattainment designation promulgated pursuant to the final version of the
proposed rule entitled National Ambient Air Quality Standards for
Particulate Matter, Part II
(71 Fed. Reg. 2620 (January 17, 2006));
and
a Serious,
Severe, or Extreme Area for ozone nonattainment under the final rule entitled
Air Quality Designations and Classifications for the 8-Hour Ozone
National Ambient Air Quality Standards; Early Action Compact Areas With
Deferred Effective Dates
(69 Fed. Reg. 23858 (April 30, 2004)).
Sanctions applicable to covered areas
If a State in which a covered area is located does not submit an implementation plan in accordance with, or otherwise fails to comply with, subsection (a)—
the Administrator shall not have the discretion to select whether sanctions under paragraph (1) or (2) of subsection (b) will be imposed on the covered area; and
the Administrator shall impose on the covered area the highway and emission offset sanctions described in paragraphs (1) and (2), respectively, of subsection (b), except that, with respect to the emission offset requirements described in subsection (b)(2), the ratio of emission reductions to increased emissions applicable to the covered area shall be 5 to 1.
.
Enforcement for select areas for failure to attain
Ozone
Section 185 of the Clean Air Act (42 U.S.C. 7511d) is amended—
by striking the section designation and heading and inserting the following:
Enforcement for select areas for failure to attain
;
in the first
sentence of subsection (a), by striking Each implementation
and
inserting Except as provided in subsection (f), each
implementation
; and
by adding at the end the following:
Ozone attainment in covered areas
Definitions
In this subsection:
Attainment year
The term attainment year, with respect to a covered area, means the calendar year during which the covered area is required to attain the standard for ozone described in the final rule.
Baseline quantity
The term baseline quantity means, for any attainment year, the lesser of—
the quantity of actual VOC or NOx emissions of a stationary source; or
the quantity of VOC or NOx emissions allowed under a permit applicable to a stationary source; or
if no such permit has been issued for the attainment year, the quantity of those emissions allowed under the applicable State implementation plan during the attainment year.
Covered area
The term covered area has the meaning given the term in section 179(e).
Final rule
The term final rule means the final rule
entitled Air Quality Designations and Classifications for the 8-Hour
Ozone National Ambient Air Quality Standards; Early Action Compact Areas With
Deferred Effective Dates
(69 Fed. Reg. 23858 (April 30, 2004)).
Implementation plan revision
In general
Each implementation plan revision required under subsection (c), (d), or (e) of section 182 (relating to the attainment plans for Serious, Severe, and Extreme Areas, respectively) shall—
provide that, if the area to which the plan revision applies is a covered area, each major stationary source that emits VOCs or NOx and that is located in the covered area shall pay to the Administrator a fee in an amount calculated under subparagraph (B) as a penalty for the failure to attain the standard for ozone by the applicable attainment date specified in the final rule; and
include procedures for the assessment and collection of those fees.
Amount of fee
The amount of a fee paid under this subsection for each ton of VOCs or NOx emitted by a major stationary source in a covered area in nonattainment during a calendar year in excess of 70 percent of the baseline quantity shall be (based on classifications of Serious, Severe, and Extreme Areas in effect as of December 31, 2006, and as adjusted annually in accordance with section 502(b)(3)(B)(v)) (relating to inflation adjustment)—
with respect to a ton of VOCs—
in a Serious Area, $10,000;
in a Severe Area, $20,000; and
in an Extreme Area, $30,000; and
with respect to a ton of NOx, $5,000, regardless of whether the NOx is emitted in a Serious, Severe, or Extreme Area.
Penalties for failure to make progress toward attainment in covered areas
In general
Upon approval of a State implementation plan that covers a covered area, and annually thereafter until the applicable deadline by which the covered area is required to achieve attainment, as specified in section 181(a) and as updated by the final rule, the Administrator shall determine, in accordance with subparagraph (B), whether the covered area is making progress that is sufficient to enable the covered area to achieve attainment by that deadline.
Determination of progress
The Administrator shall not determine under subparagraph (A) that a covered area is making sufficient progress toward achieving attainment for any calendar year unless the Administrator determines, at a minimum, that the covered area has achieved a reduction in the aggregate quantity of VOCs or NOx emitted in the covered area for the calendar year that is equal to or greater than the product obtained by multiplying—
the aggregate quantity, in tons, of the VOC or NOx emission reductions, respectively, that are required, during the period beginning on the date of the determination by the Administrator and ending on the applicable date referred to in subparagraph (A), to achieve attainment; by
the quotient obtained by dividing—
the number of months, rounded to the nearest month, between the date of submission of the State implementation plan applicable to the covered area and the date of the determination by the Administrator; by
the number of months, rounded to the nearest month, between the date of submission of that State implementation plan and the applicable attainment date referred to in subparagraph (A).
Imposition of penalties
If the Administrator determines under this paragraph that a covered area is not making sufficient progress to enable the covered area to achieve attainment by the applicable deadline referred to in subparagraph (A), the Administrator shall—
for the first calendar year for which the determination is made, impose on each major stationary source located in the covered area a penalty in an amount that is equal to 10 percent of the amount of the fee that, based on whether the major stationary source is located in a Serious, Severe, or Extreme Area, would be paid by the major stationary source under paragraph (2)(B) for failure to meet a national primary ambient air quality standard for ozone by the deadline referred to in subparagraph (A); and
for each subsequent calendar year until the deadline referred to in subparagraph (A)—
reevaluate the progress being made by the covered area toward achieving attainment by the deadline referred to in subparagraph (A); and
if the Administrator determines that the covered area is not making sufficient progress, impose on each major stationary source located in the covered area a penalty in an amount that is equal to the sum of the penalty imposed on the same class (with respect to location in a Serious, Severe, or Extreme Area) of major stationary source under clause (i) and the product obtained by multiplying—
5 percent of the fee that, based on whether the major stationary source is located in a Serious, Severe, or Extreme Area, would be paid by the major stationary source under paragraph (2)(B) for failure to meet a national primary ambient air quality standard for ozone by the deadline referred to in subparagraph (A); and
the number of calendar years for which the covered area has been previously determined not to have made sufficient progress under this paragraph as of the date of the determination by the Administrator (excluding the determination for the current calendar year).
Suspension of penalties
If the Administrator determines under this paragraph that a covered area that was determined not to be making sufficient progress toward attainment under this paragraph for a preceding calendar year is making sufficient progress toward attainment for the current calendar year, the Administrator shall suspend the imposition of penalties on major stationary sources located in the covered area for the current calendar year.
.
Particulate matter
Section 188 of the Clean Air Act (42 U.S.C. 7513) is amended by adding at the end the following:
Particulate matter attainment in covered areas
Definitions
In this subsection:
Attainment year
The term attainment year, with respect to a covered area, means the calendar year during which the covered area is required to attain the standard for PM2.5 described in the final rules.
Baseline quantity
The term baseline quantity means, for any attainment year, the lesser of—
the quantity of actual PM2.5 emissions of a stationary source; or
the quantity of PM2.5 emissions allowed under a permit applicable to a stationary source; or
if no such permit has been issued for the attainment year, the quantity of those emissions allowed under the applicable State implementation plan during the attainment year.
Covered area
The term covered area has the meaning given the term in section 179(e).
Final rules
The term final rules means—
the final rule
entitled Air Quality Designations and Classifications for the Fine
Particles (PM2.5) National Ambient Air Quality Standards
(70 Fed. Reg.
944 (January 5, 2005)); and
the final
version of the proposed rule entitled National Ambient Air Quality
Standards for Particulate Matter, Part II
(71 Fed. Reg. 2620 (January
17, 2006)).
PM2.5
The term PM2.5 means particulate matter the aerodynamic diameter of which is less than or equal to 2.5 micrometers.
Implementation plan revision
In general
Each implementation plan revision required under section 110 shall—
provide that, if the area to which the plan revision applies is a covered area, each major stationary source that emits PM2.5 and that is located in the covered area shall pay to the Administrator a fee in an amount calculated under subparagraph (B) as a penalty for the failure to attain the standard for PM2.5 in the final rules by the applicable attainment date specified in the final rules; and
include procedures for the assessment and collection of those fees.
Amount of fee
The amount of a fee paid under this subsection for each ton of PM2.5 emitted by a major stationary source in a covered area in nonattainment during a calendar year in excess of 70 percent of the baseline quantity shall be, as adjusted annually in accordance with section 502(b)(3)(B)(v) (relating to inflation adjustment), $50,000.
Penalties for failure to make progress toward attainment in covered areas
In general
Upon approval of a State implementation plan that covers a covered area, and annually thereafter until the applicable deadline by which the covered area is required to achieve attainment, as specified in the final rules, the Administrator shall determine, in accordance with subparagraph (B), whether the covered area is making progress that is sufficient to enable the covered area to achieve attainment by that deadline.
Determination of progress
The Administrator shall not determine under subparagraph (A) that a covered area is making sufficient progress toward achieving attainment for any calendar year unless the Administrator determines, at a minimum, that the covered area has achieved a reduction in the aggregate quantity of PM2.5 emitted in the covered area for the calendar year that is equal to or greater than the product obtained by multiplying—
the aggregate quantity, in tons, of the PM2.5 emission reductions that are required, during the period beginning on the date of the determination by the Administrator and ending on the applicable date referred to in subparagraph (A), to achieve attainment; by
the quotient obtained by dividing—
the number of months, rounded to the nearest month, between the date of submission of the State implementation plan applicable to the covered area and the date of the determination by the Administrator; by
the number of months, rounded to the nearest month, between the date of submission of that State implementation plan and the applicable attainment date referred to in subparagraph (A).
Imposition of penalties
If the Administrator determines under this paragraph that a covered area is not making sufficient progress to enable the covered area to achieve attainment by the applicable deadline referred to in subparagraph (A), the Administrator shall—
for the first calendar year for which the determination is made, impose on each major stationary source located in the covered area a penalty in an amount that is equal to 10 percent of the amount of the fee that would be paid by the major stationary source under paragraph (2)(B) for failure to meet a national primary ambient air quality standard for PM2.5 by the deadline referred to in subparagraph (A); and
for each subsequent calendar year until the deadline referred to in subparagraph (A)—
reevaluate the progress being made by the covered area toward achieving attainment by the deadline referred to in subparagraph (A); and
if the Administrator determines that the covered area is not making sufficient progress, impose on each major stationary source located in the covered area a penalty in an amount that is equal to the sum of the penalty imposed on the same class of major stationary source under clause (i) and the product obtained by multiplying—
5 percent of the fee that would be paid by the major stationary source under paragraph (2)(B) for failure to meet a national primary ambient air quality standard for PM2.5 by the deadline referred to in subparagraph (A); and
the number of calendar years for which the covered area has been previously determined not to have made sufficient progress under this paragraph as of the date of the determination by the Administrator (excluding the determination for the current calendar year).
Suspension of penalties
If the Administrator determines under this paragraph that a covered area that was determined not to be making sufficient progress toward attainment under this paragraph for a preceding calendar year is making sufficient progress toward attainment for the current calendar year, the Administrator shall suspend the imposition of penalties on major stationary sources located in the covered area for the current calendar year.
.