“A bill to amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes.”
No CRS summary available for this bill.
This section amends section 179B of the Clean Air Act (42 U.S.C. 7509a) to clarify that relief from nonattainment-related requirements for emissions from outside the United States applies regardless of whether such emissions result from human activity. This section further amends section 179B by adding subsection (e) to prohibit, notwithstanding any other provision of law, the designation of any area as nonattainment for a new or revised national ambient air quality standard (NAAQS) if the state demonstrates to the EPA Administrator's satisfaction that the area would attain the NAAQS but for emissions from outside the United States (regardless of whether from human activity). This section inserts new section 179A after section 179 (42 U.S.C. 7509) to exempt severe or extreme ozone nonattainment areas (under section 181) and serious particulate matter nonattainment areas (under section 188) from sanctions under section 179 or fees under section 185 due to state plan deficiencies under section 179(a) or failure to attain a NAAQS by the applicable date, if the state demonstrates attainment would have occurred but for (1) emissions from outside the nonattainment area, (2) exceptional events (as defined in section 319(b)(1)), or (3) mobile source emissions beyond the state's control despite full implementation of available state measures. (Thus, affected states avoid highway funding restrictions, new source review offsets, and other penalties.) Such exemption does not relieve obligations to implement attainment measures under other Clean Air Act provisions and requires renewal of the demonstration at least every five years.