Commonsense Legislative Exceptional Events Reforms Act of 2014 - Amends the Clean Air Act to revise the requirements for regulations that govern the review and handling of air quality monitoring data influenced by exceptional events. (The Environmental Protection Agency [EPA] may exclude monitored exceedances of the National Ambient Air Quality Standards from consideration when designating an area as nonattainment, redesignating an area as nonattainment, or reclassifying an existing nonattainment area to a higher classification if a state demonstrates that an exceptional event caused the exceedances.)
Requires the criteria used to determine if an exceptional event was demonstrated to be specific in order to minimize the discretion of the EPA in approving or disapproving the demonstration.
Requires the EPA to make a determination within 90 days after the submission of a petition by a state of an exceptional event demonstration. Considers the demonstration approved if the EPA does not make a determination by that deadline.
Requires a determination to be based on a preponderance of the evidence and to accord substantial deference to the findings of the state exceptional event demonstration. Establishes an appeal process for reviewing a disapproval of a demonstration.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2526 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2526
To amend the Clean Air Act with respect to exceptional event
demonstrations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25, 2014
Mr. Flake (for himself, Mr. McCain, Mr. Risch, Mr. Crapo, Mr. Inhofe,
Mr. Sessions, Mr. Johnson of Wisconsin, Mr. Vitter, Mr. Hatch, Mr.
Cornyn, and Mr. Thune) 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 with respect to exceptional event
demonstrations, 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 ``Commonsense Legislative Exceptional
Events Reforms Act of 2014''.
SEC. 2. CLEAN AIR ACT EXCEPTIONAL EVENTS.
Section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)) is
amended--
(1) in paragraph (1)(B)--
(A) in clause (i), by inserting ``or'' after the
semicolon;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii);
and
(2) in paragraph (3)--
(A) in subparagraph (B)(iv), by striking ``to
petition the Administrator to'' and inserting ``to
submit a petition (in this section referred to as an
`exceptional event demonstration') to the Administrator
to''; and
(B) by adding at the end the following:
``(C) Criteria for determination of exceptional
event demonstration.--
``(i) In general.--The criteria for
evidence, analyses, and documentation
applicable to approval or disapproval of an
exceptional event demonstration under the
regulations under this section shall be stated
with specificity in order to minimize the
discretion of the Administrator in approving or
disapproving that demonstration.
``(ii) State participation.--The
Administrator shall develop the criteria in
conjunction with input from the States.
``(iii) Contents.--The criteria shall
reflect the varying levels of technical
expertise and resources available in State and
local agencies and the varying availability of
meteorological and other monitoring data in
rural areas, and may vary with respect to
different regions.
``(iv) Considerations.--In developing the
criteria, the Administrator shall consider the
use of an expedited or streamlined approval
process and conditions under which exceptional
event demonstrations may be suitable for such a
process.
``(D) Timing of determination of exceptional event
demonstration.--
``(i) Deadline for determination.--
``(I) In general.--Not later than
90 days after submission of an
exceptional event demonstration, the
Administrator shall approve,
disapprove, or request additional
information from a State regarding the
exceptional event demonstration.
``(II) Administration.--If the
Administrator does not approve,
disapprove, or request additional
information relating to an exceptional
event demonstration within the 90-day
period described in subclause (I), the
demonstration shall be considered to be
approved on the day after the date on
which that 90-day period ends.
``(ii) Deadline if additional information
requested.--
``(I) In general.--If the
Administrator requests additional
information from a State regarding an
exceptional event demonstration under
clause (i), not later than 90 days
after the submission of that additional
information, the Administrator shall
approve or disapprove the
demonstration.
``(II) Administration.--If the
Administrator does not approve or
disapprove a demonstration for which
additional information is submitted
within the 90-day period described in
subclause (I), the demonstration shall
be considered to be approved.
``(E) Burden of proof.--The regulations promulgated
under this section shall provide that--
``(i) a determination by the Administrator
with respect to approval or disapproval of an
exceptional event demonstration be based on a
preponderance of the evidence; and
``(ii) in making a determination, the
Administrator--
``(I) shall accord substantial
deference to the findings of the State
exceptional event demonstration; and
``(II) may develop and use analyses
and consider evidence not provided in
the exceptional event demonstration,
subject to the condition that the
analyses are developed by the
Environmental Protection Agency.
``(F) Appeals.--
``(i) Disapproval.--
``(I) In general.--Subject to
subclause (II), disapproval by the
Administrator of an exceptional event
demonstration shall be considered final
action subject to judicial review under
section 307(b).
``(II) Limitation.--Notwithstanding
subclause (I), disapproval by the
Administrator of an exceptional event
demonstration shall only be subject to
appeal by the State that submitted the
exceptional event demonstration.
``(ii) Approval.--Approval by the
Administrator of an exceptional event
demonstration shall not be subject to appeal or
other judicial action.''.
SEC. 3. REVISION OF REGULATIONS.
After providing for a notice and comment period, but not later than
180 days after the date of enactment of this Act, the Administrator of
the Environmental Protection Agency shall revise the regulations under
section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)) to carry out
the amendments made by this Act.
<all>
Sponsor introductory remarks on measure. (CR S3900-3901)
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line