S. 1785

A bill to amend the Clean Air Act to establish deadlines by which the Administrator of the Environmental Protection Agency shall issue a decision on whether to grant certain waivers of preemption under that Act.

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II

Calendar No. 320

110th CONGRESS

1st Session

S. 1785

IN THE SENATE OF THE UNITED STATES

July 12, 2007

Mr. Nelson of Florida (for himself, Mrs. Boxer, Mr. Lautenberg, Mr. Sanders, Mrs. Feinstein, Mr. Menendez, Mr. Cardin, Mr. Whitehouse, and Mr. Reed) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

August 2, 2007

Reported by Mrs. Boxer, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend the Clean Air Act to establish deadlines by which the Administrator of the Environmental Protection Agency shall issue a decision on whether to grant certain waivers of preemption under that Act.

1.

Waivers of preemption

Section 209 of the Clean Air Act (42 U.S.C. 7543) is amended by adding at the end the following:

(f)

Waivers of preemption

(1)

Pending requests

Not later than 30 days after the date of enactment of this subsection, but in no case later than September 30, 2007, the Administrator shall issue to the Governor of each applicable State a decision on each request for a waiver of preemption under subsection (b) that—

(A)

has been submitted by the State; and

(B)

is pending as of the date of enactment of this subsection.

(2)

Subsequent requests

With respect to a request for a waiver of preemption under subsection (b) (including such a request submitted by a State that has adopted and enforced certain standards as described in section 177) that is submitted by a State after the date of enactment of this subsection, not later than 180 days after the date on which the Administrator receives the request, the Administrator shall issue to the Governor of the State a decision on whether to grant the waiver.

.

1.

Waivers of preemption

Section 209 of the Clean Air Act (42 U.S.C. 7543) is amended by adding at the end the following:

(f)

Waivers of preemption

(1)

Pending requests

Not later than 30 days after the date of enactment of this subsection, but in no case later than September 30, 2007, the Administrator shall issue a decision on each request for a waiver of preemption under subsection (b) that—

(A)

was submitted before January 31, 2006; and

(B)

is pending as of the date of enactment of this subsection.

(2)

Subsequent requests

With respect to a request for a waiver of preemption under subsection (b) that is submitted by a State after the date of enactment of this subsection, not later than 180 days after the date on which the Administrator receives the request, the Administrator shall issue a decision on whether to grant the waiver.

.

August 2, 2007

Reported with an amendment