Section 1 Short title
This Act may be cited as the “Clean Air Fairness Act of 2014”.
Clean Air Fairness Act of 2014
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.
Sec. 2 Giving States adequate time To revise SIPs To address interstate transport of air emissions
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.”
Cross-State Air Pollution Rule—
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—
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
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.
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.