H.R. 4218
119th CONGRESS 1st Session
To amend the Clean Air Act to facilitate State implementation of national ambient air quality standards, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES · June 27, 2025 · Sponsor: Mr. Carter of Georgia · Committee: Committee on Energy and Commerce
Table of contents
SEC. 1. Short title
- This Act may be cited as the or the .
SEC. 2. Facilitating State implementation of national ambient air quality standards
- (a) Timeline for review of national ambient air quality standards
- Paragraphs (1) and (2)(B) of section 109(d) of the Clean Air Act () are amended by striking each place it appears and inserting
10-year intervals. 42 U.S.C. 7409(d)
- Paragraphs (1) and (2)(B) of section 109(d) of the Clean Air Act () are amended by striking each place it appears and inserting
- (b) Consideration of attainability
- Section 109(b)(1) of the Clean Air Act () is amended by inserting after the first sentence the following: . 42 U.S.C. 7409(b)(1)
- (c) Opportunity for States To correct deficiency prior to promulgation of Federal implementation plan
- Section 110(c)(1) of the Clean Air Act () is amended— 42 U.S.C. 7410(c)(1)
- by striking ; and
- by adding at the end the following: .
Before promulgating the Federal implementation plan, the Administrator shall give the State at least one year after such finding or disapproval to submit a plan or plan revision to correct the deficiency. If the State submits a plan or plan revision to correct the deficiency, the Administrator may, notwithstanding the 2-year deadline under this paragraph to promulgate a Federal implementation plan, take up to 3 years after such finding or disapproval to promulgate a Federal implementation plan.
- Section 110(c)(1) of the Clean Air Act () is amended— 42 U.S.C. 7410(c)(1)
- (d) Contingency measures for extreme ozone nonattainment areas
- Section 172(c)(9) of the Clean Air Act () is amended by adding at the end the following: .
Notwithstanding the preceding sentences and any other provision of this Act, such measures shall not be required for any nonattainment area for ozone classified as an Extreme Area.42 U.S.C. 7502(c)(9)
- Section 172(c)(9) of the Clean Air Act () is amended by adding at the end the following: .
- (e) Plan submissions and requirements for ozone nonattainment areas
- Section 182 of the Clean Air Act () is amended— 42 U.S.C. 7511a
- in subsection (b)(1)(A)(ii)(III), by inserting after ;
- in subsection (c)(2)(B)(ii), by inserting after ;
- in subsection (e), in the matter preceding paragraph (1)—
- by striking
The provisions of clause (ii) of subsection (c)(2)(B) (relating to reductions of less than 3 percent), the provisions of paragaphsand insertingThe provisions of paragraphs; and - by striking ; and
- by striking
- in paragraph (5) of subsection (e), by striking and all that follows through the end of the paragraph and inserting a period.
- Section 182 of the Clean Air Act () is amended— 42 U.S.C. 7511a
- (f) Plan revisions for milestones for particulate matter nonattainment areas
- Section 189(c)(1) of the Clean Air Act () is amended by inserting before . 42 U.S.C. 7513a(c)(1)
SEC. 3. Emissions beyond control
- (a) Exceptional events
- Section 319(b) of the Clean Air Act () is amended— 42 U.S.C. 7619(b)
- in the subsection heading, by inserting after ;
- in paragraph (1)—
- in the paragraph heading, by striking and inserting ;
- in subparagraph (A), by redesignating clauses (i) through (iv), as subclauses (I) through (IV), respectively;
- by striking
(A)and all that follows through and inserting the following:- (A) Exceptional event
- (i) The term
exceptional eventmeans an event that—
- (i) The term
- is an event that is—
- a natural event;
- caused by a human activity that is intended to mirror the occurrence or reoccurrence of a natural event; or
- caused by a human activity that is unlikely to recur; and
- (A) Exceptional event
- by amending subclause (III) of subparagraph (A)(i), as redesignated, to read as follows:
- by striking subparagraph (B) and inserting the following:
- (ii) In this subsection, the term does not include—
exceptional event - ordinarily occurring stagnation of air masses;
- meteorological inversions; or
- air pollution relating to source noncompliance.
- (B) Action to mitigate wildfire risk
- The term
action to mitigate wildfire riskmeans a prescribed fire or similar measure, undertaken in accordance with State approved practices, to reduce the risk and severity of wildfires.
- The term
- (ii) In this subsection, the term does not include—
- by adding at the end the following:
- in paragraph (2)—
- in subparagraph (A)—
- (i) by striking and inserting ;
- (ii) by inserting before ; and
- (iii) by adding before the period at the end;
or actions to mitigate wildfire risk
- in subparagraph (B)—
- (i) by inserting after ; and
- (ii) by striking
paragraph (3)and insertingthis section; and - (C) Regional analysis
- When more than one State notifies the Administrator of its intent to submit a petition for an exceptional event or an action to mitigate wildfire risk for the same air quality event, the Administrator shall conduct regional modeling and analysis, upon request by one or more States, to satisfy the analysis required for an exceptional event or an action to mitigate wildfire risk petition for such air quality event.
- (D) Transparency
- Not later than 12 months after the date of enactment of the , the Administrator shall establish and update monthly a public website describing the status of all submitted petitions for exceptional events and actions to mitigate wildfire risk.
- by adding at the end the following:
- in subparagraph (A)—
- in paragraph (3)(A)—
- by redesignating clauses (ii) through (v) as clauses (iii) through (vi), respectively; and
- (ii) the principle that actions to mitigate wildfire risk can play an important role in reducing the magnitude and frequency of wildfires;
- by inserting after clause (i) the following:
- by redesignating clauses (ii) through (v) as clauses (iii) through (vi), respectively; and
- in paragraph (3)(B)—
- in clause (i), by inserting before ;
- (ii) a clear causal relationship must exist, or be reasonably expected to exist, between the measured exceedances of a national ambient air quality standard and the exceptional event or action to mitigate wildfire risk to demonstrate that the exceptional event or action to mitigate wildfire risk caused a specific air pollution concentration at a particular air quality monitoring location;
- by amending clause (ii) to read as follows:
- (iv) there are criteria and procedures for the Governor of a State to petition the Administrator to exclude air quality monitoring data that is directly due to exceptional events or actions to mitigate wildfire risk from use in determinations by the Administrator with respect to—
- area or source exceedances or violations of the national ambient air quality standards;
- the designation, redesignation, classification, or reclassification of an area;
- the demonstration by a State of attainment of a national ambient air quality standard;
- attainment determinations;
- attainment date extensions;
- finding a State implementation plan to be inadequate; or
- preconstruction demonstrations under section 165(a)(3).
- by amending clause (iv) to read as follows:
- in clause (i), by inserting before ;
- by striking paragraph (4).
- Section 319(b) of the Clean Air Act () is amended— 42 U.S.C. 7619(b)
- (b) Applicability of sanctions and fees if emissions beyond control
- The Clean Air Act () is amended by inserting after section 179B the following new section: 42 U.S.C. 7401 et seq.
- (a) In general
- Notwithstanding any other provision of this Act, with respect to any nonattainment area that is classified under section 181 as a Severe Area or an Extreme Area for ozone or under section 188 as a Serious Area for particulate matter, no sanction or fee under section 179 or 185 shall apply with respect to a State (or an area or source therein) on the basis of a deficiency described in section 179(a), or the failure to attain a national ambient air quality standard for ozone or particulate matter by the applicable attainment date, if the State demonstrates that the State would have avoided such deficiency, or such standard would have been attained, but for one or more of the following:
- Emissions emanating from outside the nonattainment area.
- Emissions from an exceptional event (as defined in section 319(b)(1)).
- Emissions from mobile sources to the extent the State demonstrates that—
- such emissions are beyond the control of the State to reduce or eliminate; and
- the State is fully implementing such measures as are within the authority of the State to control emissions from the mobile sources.
- Notwithstanding any other provision of this Act, with respect to any nonattainment area that is classified under section 181 as a Severe Area or an Extreme Area for ozone or under section 188 as a Serious Area for particulate matter, no sanction or fee under section 179 or 185 shall apply with respect to a State (or an area or source therein) on the basis of a deficiency described in section 179(a), or the failure to attain a national ambient air quality standard for ozone or particulate matter by the applicable attainment date, if the State demonstrates that the State would have avoided such deficiency, or such standard would have been attained, but for one or more of the following:
- (b) No effect on underlying standards
- The inapplicability of sanctions or fees with respect to a State (or an area or source therein) pursuant to subsection (a) does not affect the obligation of a State, area, source, or other entity under other provisions of this Act to establish and implement measures to attain a national ambient air quality standard for ozone or particulate matter.
- (c) Periodic renewal of demonstration
- For subsection (a) to continue to apply with respect to a State (or an area or source therein), the State involved shall renew the demonstration required by subsection (a) at least once every 5 years.
- (a) In general
- The Clean Air Act () is amended by inserting after section 179B the following new section: 42 U.S.C. 7401 et seq.
SEC. 4. Clean Air Scientific Advisory Committee
- (a) Composition of independent scientific review committee
- Section 109(d)(2)(A) of the Clean Air Act () is amended— 42 U.S.C. 7409(d)(2)(A)
- by striking
one person representing State air pollution control agenciesand insertingthree persons representing State air pollution control agencies; and - by adding at the end the following: .
The persons representing State air pollution control agencies shall be from geographically diverse areas with at least one person representing a State located in Region 1, 2, 3, or 5 of the Environmental Protection Agency, one person representing a State located in Region 4, 6, or 7 of the Environmental Protection Agency, and one person representing a State located in Region 8, 9, or 10 of the Environmental Protection Agency.
- by striking
- Section 109(d)(2)(A) of the Clean Air Act () is amended— 42 U.S.C. 7409(d)(2)(A)
- (b) Consideration of adverse public health, welfare, social, economic, or energy effects
- Section 109(d)(2) of the Clean Air Act () is amended by adding at the end the following: 42 U.S.C. 7409(d)(2)
- Prior to establishing or revising a national ambient air quality standard, the Administrator shall request, and such committee, after receiving public comments, shall assess and provide advice under subparagraph (C)(iv) regarding any adverse public health, welfare, social, economic, or energy effects which may result from various strategies for attainment and maintenance of such national ambient air quality standard.
- Section 109(d)(2) of the Clean Air Act () is amended by adding at the end the following: 42 U.S.C. 7409(d)(2)