119-hr4218

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4218 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 4218

 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

 Mr. Carter of Georgia (for himself, Mr. Griffith, Mr. Allen, Mr. 
Balderson, Mr. Latta, Mr. Newhouse, and Mr. Weber of Texas) introduced 
 the following bill; which was referred to the Committee on Energy and 
 Commerce

_______________________________________________________________________

 A BILL

 To amend the Clean Air Act to facilitate State implementation of 
 national ambient air quality standards, 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 and Economic Advancement 
Reform Act'' or the ``CLEAR Act''.

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 (42 U.S.C. 7409
            (d) ) are amended by striking ``five-year 
intervals'' each place it appears and inserting ``10-year intervals''.

    (b) Consideration of Attainability.--

Section 109

    (b)

    (1) of the Clean 
Air Act (42 U.S.C. 7409

    (b)

    (1) ) is amended by inserting after the first 
sentence the following: ``If the Administrator, in consultation with 
the independent scientific review committee appointed under subsection
            (d) , finds that a range of levels of air quality for an air pollutant 
are requisite to protect public health with an adequate margin of 
safety, as described in the preceding sentence, the Administrator may, 
as a secondary consideration in establishing and revising the national 
primary ambient air quality standard for such air pollutant, consider 
likely attainability of the standard.''.
            (c) Opportunity for States To Correct Deficiency Prior to 
Promulgation of Federal Implementation Plan.--

Section 110
            (c) (1) of the 
Clean Air Act (42 U.S.C. 7410
            (c) (1) ) is amended--

    (1) by striking ``at any time''; and

    (2) 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.''.
            (d) Contingency Measures for Extreme Ozone Nonattainment Areas.--

Section 172
            (c) (9) of the Clean Air Act (42 U.S.C. 7502
            (c) (9) ) 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.''.

    (e) Plan Submissions and Requirements for Ozone Nonattainment 
Areas.--

Section 182 of the Clean Air Act (42 U.S.C. 7511a) is amended--

    (1) in subsection

    (b)

    (1)
        (A)
            (ii) 
            (III) , by inserting ``and 
 economic feasibility'' after ``technological achievability'';

    (2) in subsection
            (c) (2)
        (B)
            (ii) , by inserting ``and 
 economic feasibility'' after ``technological achievability'';

    (3) in subsection

    (e) , in the matter preceding paragraph

    (1) --
        (A) by striking ``The provisions of clause
            (ii) of 
 subsection
            (c) (2)
        (B) (relating to reductions of less 
 than 3 percent), the provisions of paragaphs'' and 
 inserting ``The provisions of paragraphs''; and
        (B) by striking ``, and the provisions of clause
            (ii) of subsection

    (b)

    (1)
        (A) (relating to reductions of 
 less than 15 percent)''; and

    (4) in paragraph

    (5) of subsection

    (e) , by striking ``, if 
 the State demonstrates to the satisfaction of the Administrator 
 that--'' and all that follows through the end of the paragraph 
 and inserting a period.

    (f) Plan Revisions for Milestones for Particulate Matter 
Nonattainment Areas.--

Section 189
            (c) (1) of the Clean Air Act (42 U.S.C. 
7513a
            (c) (1) ) is amended by inserting ``, which take into account 
technological achievability and economic feasibility,'' before ``and 
which demonstrate reasonable further progress''.

SEC. 3. EMISSIONS BEYOND CONTROL.

    (a) Exceptional Events.--

Section 319

    (b) of the Clean Air Act (42 
U.S.C. 7619

    (b) ) is amended--

    (1) in the subsection heading, by inserting ``Or Actions To 
 Mitigate Wildfire Risk'' after ``Events'';

    (2) in paragraph

    (1) --
        (A) in the paragraph heading, by striking 
 ``Definition of exceptional event'' and inserting 
 ``Definitions'';
        (B) in subparagraph
        (A) , by redesignating clauses
            (i) through
            (iv) , as subclauses
            (I) through
            (IV) , 
 respectively;
            (C) by striking ``
        (A) '' and all that follows 
 through ``an event that--'' and inserting the 
 following:
 ``
        (A) Exceptional event.--
 ``
            (i) In general.--The term `exceptional 
 event' means an event that--'';
            (D) by amending subclause
            (III) of subparagraph
        (A)
            (i) , as redesignated, to read as follows:
 ``
            (III) is an event that is--
 ``

    (aa) a natural event;
 ``

    (bb) caused by a human 
 activity that is intended to 
 mirror the occurrence or 
 reoccurrence of a natural 
 event; or
 ``
            (cc) caused by a human 
 activity that is unlikely to 
 recur; and'';
        (E) by striking subparagraph
        (B) and inserting the 
 following:
 ``
            (ii) Exclusions.--In this subsection, the 
 term `exceptional event' does not include--
 ``
            (I) ordinarily occurring 
 stagnation of air masses;
 ``
            (II) meteorological inversions; 
 or
 ``
            (III) air pollution relating to 
 source noncompliance.''; and
        (F) by adding at the end the following:
 ``
        (B) Action to mitigate wildfire risk.--The term 
 `action to mitigate wildfire risk' means a prescribed 
 fire or similar measure, undertaken in accordance with 
 State approved practices, to reduce the risk and 
 severity of wildfires.'';

    (3) in paragraph

    (2) --
        (A) in subparagraph
        (A) --
            (i) by striking ``March 1, 2006'' and 
 inserting ``18 months after the date of 
 enactment of the CLEAR Act'';
            (ii) by inserting ``revisions to'' before 
 ``regulations''; and
            (iii) by adding ``or actions to mitigate 
 wildfire risk'' before the period at the end;
        (B) in subparagraph
        (B) --
            (i) by inserting ``or action to mitigate 
 wildfire risk'' after ``an exceptional event''; 
 and
            (ii) by striking ``paragraph

    (3) '' and 
 inserting ``this section''; and
            (C) by adding at the end the following:
 ``
            (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 CLEAR Act, 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.'';

    (4) in paragraph

    (3)
        (A) --
        (A) by redesignating clauses
            (ii) through
            (v) as 
 clauses
            (iii) through
            (vi) , respectively; and
        (B) by inserting after clause
            (i) the following:
 ``
            (ii) the principle that actions to 
 mitigate wildfire risk can play an important 
 role in reducing the magnitude and frequency of 
 wildfires;'';

    (5) in paragraph

    (3)
        (B) --
        (A) in clause
            (i) , by inserting ``or action to 
 mitigate wildfire risk'' before ``must be'';
        (B) by amending clause
            (ii) to read as follows:
 ``
            (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;''; and
            (C) by amending clause
            (iv) 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--
 ``
            (I) area or source exceedances or 
 violations of the national ambient air 
 quality standards;
 ``
            (II) the designation, 
 redesignation, classification, or 
 reclassification of an area;
 ``
            (III) the demonstration by a 
 State of attainment of a national 
 ambient air quality standard;
 ``
            (IV) attainment determinations;
 ``
            (V) attainment date extensions;
 ``
            (VI) finding a State 
 implementation plan to be inadequate; 
 or
 ``
            (VII) preconstruction 
 demonstrations under 

section 165

    (a)

    (3) .''; and

    (6) by striking paragraph

    (4) .

    (b) Applicability of Sanctions and Fees if Emissions Beyond 
Control.--The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by 
inserting after 

section 179B the following new section:

``

SEC. 179C. APPLICABILITY OF SANCTIONS AND FEES IF EMISSIONS BEYOND 
 CONTROL.

 ``

    (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:
 ``

    (1) Emissions emanating from outside the nonattainment 
 area.
 ``

    (2) Emissions from an exceptional event (as defined in 
 

section 319

    (b)

    (1) ).
 ``

    (3) Emissions from mobile sources to the extent the State 
 demonstrates that--
 ``
        (A) such emissions are beyond the control of the 
 State to reduce or eliminate; and
 ``
        (B) the State is fully implementing such measures 
 as are within the authority of the State to control 
 emissions from the mobile sources.
 ``

    (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.''.

SEC. 4. CLEAN AIR SCIENTIFIC ADVISORY COMMITTEE.

    (a) Composition of Independent Scientific Review Committee.--

Section 109
            (d) (2)
        (A) of the Clean Air Act (42 U.S.C. 7409
            (d) (2)
        (A) ) is 
amended--

    (1) by striking ``one person representing State air 
 pollution control agencies'' and inserting ``three persons 
 representing State air pollution control agencies''; and

    (2) 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.''.

    (b) Consideration of Adverse Public Health, Welfare, Social, 
Economic, or Energy Effects.--

Section 109
            (d) (2) of the Clean Air Act 
(42 U.S.C. 7409
            (d) (2) ) is amended by adding at the end the following:
 ``
            (D) 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.''.
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