Clean Air Fairness Act of 2014 - Amends the Clean Air Act to revise provisions concerning implementation plans for national primary and secondary ambient air quality standards.
Prohibits the Administrator of the Environmental Protection Agency (EPA) from promulgating a federal implementation plan for a state related to national ambient air quality standards until the EPA: (1) promulgates a final rule identifying the emission reductions necessary to meet interstate transport of air emissions requirements, and (2) provides states at least two years to revise their state implementation plans (SIPs). (A federal implementation plan is created due to the failure of an SIP to contain adequate provisions prohibiting emissions activity which will contribute significantly to nonattainment in, or interfere with maintenance by, another state with any national ambient air quality standard.) Prohibits a state from being subjected to penalties for an inadequate SIP until these conditions are met.
Prohibits the EPA from promulgating, implementing, or enforcing a federal implementation plan due to the failure of an SIP to comply with the Cross-State Air Pollution Rule unless the EPA: (1) takes into consideration the Supreme Court's decision in Environmental Protection Agency et al. v. EME Homer City Generation, L.P., et al., (2) publishes a final notice indicating the EPA's intent to enforce the rule, and (3) provides states with at least two years from the publication date to revise their SIPs. Prohibits a state from being subject to penalties for the failure of a SIP to comply with the rule until these conditions are met.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4799 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4799
To amend the Clean Air Act to give States adequate time to revise their
State implementation plans to prevent emissions activity within such
States from contributing significantly to nonattainment in, or
interfering with maintenance by, any other State with respect to any
national ambient air quality standard, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 2, 2014
Mr. Olson (for himself, Mr. Pompeo, Mr. Sessions, Mr. Burgess, Mr.
Long, and Mr. Conaway) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to give States adequate time to revise their
State implementation plans to prevent emissions activity within such
States from contributing significantly to nonattainment in, or
interfering with maintenance by, any other State with respect to any
national ambient air quality standard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Air Fairness Act of 2014''.
SEC. 2. GIVING STATES ADEQUATE TIME TO REVISE SIPS TO ADDRESS
INTERSTATE TRANSPORT OF AIR EMISSIONS.
(a) Amendment to the Clean Air Act.--Section 110(a) of the Clean
Air Act (42 U.S.C. 7410(a)) is amended by adding at the end the
following:
``(7) Notwithstanding the 2-year period for promulgating a Federal
implementation plan described in subsection (c)(1), the Administrator
shall not promulgate a Federal implementation plan, and a State shall
not be subject to any penalty under this Act, for failure of its State
implementation plan to meet the requirements of paragraph (2)(D)(i)(I)
unless and until--
``(A) the Administrator, after providing notice and an
opportunity for comment, promulgates a final rule identifying
the emissions reductions necessary to meet such requirements;
and
``(B) the Administrator provides such State with at least 2
years from the date of promulgation of such final rule to
revise its State implementation plan to provide for such
emissions reductions.''.
(b) Cross-State Air Pollution Rule.--
(1) In general.--Notwithstanding the 2-year period for
promulgating a Federal implementation plan described in section
110(c)(1) of the Clean Air Act (42 U.S.C. 7410(c)(1)), the
Administrator of the Environmental Protection Agency shall not
promulgate, implement, or enforce a Federal implementation
plan, and a State shall not be subject to any penalty under
such Act, for failure of its State implementation plan to meet
the State's obligations under section 110(a)(2)(D)(i)(I) of
such Act (42 U.S.C. 7410(a)(2)(D)(i)(I)) set forth in CSAPR
unless and until--
(A) the Administrator, after taking into
consideration the Supreme Court's decision in
Environmental Protection Agency et al. v. EME Homer
City Generation, L.P., et al., 134 S. Ct. 1584 (2014),
publishes a final notice in the Federal Register
indicating the Administrator's intent to implement and
enforce such obligations; and
(B) the Administrator provides such State with at
least 2 years from the date of such publication to
revise its State implementation plan to address such
obligations.
(2) CSAPR definition.--In this subsection, the term
``CSAPR'' means the rule entitled ``Federal Implementation
Plans: Interstate Transport of Fine Particulate Matter and
Ozone and Correction of SIP Approvals'' published at 76 Fed.
Reg. 48208 (August 8, 2011) and any subsequent revisions to
such rule.
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Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Power.
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