S. 452

ORDEAL Act of 2017

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II

115th CONGRESS

1st Session

S. 452

IN THE SENATE OF THE UNITED STATES

February 27, 2017

Mr. Flake (for himself, Mr. McCain, Mr. Wicker, Mrs. Capito, and Mr. Cotton) 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 delay the enforcement and implementation of the 2015 national ambient air quality standards for ozone.

1.

Short title

This Act may be cited as the Ozone Regulatory Delay and Extension of Assessment Length Act of 2017 or the ORDEAL Act of 2017.

2.

National ambient air quality standards

Section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)) is amended—

(1)

in paragraph (1)—

(A)

in the first sentence, by striking (d)(1) Not later than December 31, 1980, and at five-year intervals and inserting the following:

(d)

Review and revision of criteria and standards; independent scientific review committee; appointment; advisory functions

(1)

Review and revision of criteria and standards

(A)

In general

Not later than December 31, 1980, and at 10-year intervals

;

(B)

in the second sentence, by striking The Administrator and inserting the following:

(B)

Early and frequent review and revision

Except with respect to any national ambient air quality standard promulgated under this section for ozone concentrations, the Administrator

; and

(C)

by adding at the end the following:

(C)

2015 national ambient air quality standards for ozone concentrations

(i)

In general

The Administrator shall delay the enforcement and implementation of the final rule entitled National Ambient Air Quality Standards for Ozone (80 Fed. Reg. 65292 (October 26, 2015)) until January 1, 2025.

(ii)

New rulemaking

Not earlier than January 1, 2025, the Administrator shall initiate a new rulemaking to promulgate new national ambient air quality standards for ozone concentrations.

; and

(2)

in paragraph (2)(B)—

(A)

by striking (B) Not later than January 1, 1980, and at five-year intervals and inserting the following:

(B)

Review

(i)

In general

Except as provided in clause (ii), not later than January 1, 1980, and at 10-year intervals

; and

(B)

by adding at the end the following:

(ii)

National ambient air quality standards for ozone concentrations

Not earlier than January 1, 2025, and at 10-year intervals thereafter, the committee referred to in subparagraph (A) shall, with respect to national ambient air quality standards for ozone concentrations—

(I)

complete a review of any standard promulgated under this section; and

(II)

recommend to the Administrator any new standard and any revision to the standards described in subclause (I) as may be appropriate under section 108 and subsection (b).

.