Reps. Whitfield and Ross - Committee on Energy and Commerce
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AMENDMENT TO H.R. 2401
OFFERED BY Ml. llllll
After section 4 insert the following (and redesignate
the subsequent section accordingly):
1 SEC. 5. REGULATORY DEFERRAL OF CERTAIN RULES.
2 (a) NO FINAL ACTION.—The Administrator of the
3 Environmental Protection Agency shall not take final ac-
4 tion with respect to the rule listed in subparagraph (E)
5 of section 3(e)(1) (relating to national emission standards
6 and standards of performance for certain electric gener-
7 ating units) until a date (to be determined by the Adminis-
8 trator) that is at least 6 months after the day on which
9 the Committee submits the final report under section 4(c).
10 (b) RULES FINALIZED PRIOR TO ENACTMENT.—
11 Notwithstanding the final action taken with respect to the
12 rule listed in subparagraph (A) of section 3(e)(1) (relating
13 to Federal implementation plans to reduce interstate
14 transport of fine particulate matter and ozone) and final
15 action (if any) taken with respect to the rule listed in sub-
16 paragraph (E) of section 3(e)(1) prior to the date of the
17 enactment of this Act—
18 (1) such final action shall not be or become, as
19 applicable, effective until a date (to be determined
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1 by the Administrator) that is at least 6 months after
2 the day on which the Committee submits the final
3 report under section 4(c); and
4 (2) the date for compliance with any standard
5 or requirement in either such finalized rule, and any
6 date for further regulatory action triggered by either
7 such finalized rule, shall be delayed by a period
8 equal to the period—
9 (A) beginning on the date of the publica-
10 tion of the final action for the respective final-
11 ized rule; and
12 (B) ending on the date on which such final
13 action becomes effective pursuant to paragraph
14 (1).
15 (c) APPLICABILITY OF CLEAN AIR INTERSTATE
16 RULE DURING INTERIM PERIOD.—Notwithstanding any
17 other provision of law, the Administrator of the Environ-
18 mental Protection Agency shall continue to implement the
19 Clean Air Interstate Rule and the rule establishing Fed-
20 eral Implementation Plans for the Clean Air Interstate
21 Rule as promulgated and modified by the Administrator
22 of the Environmental Protection Agency (70 Fed. Reg.
23 25162 (May 12, 2005), 71 Fed. Reg. 25288 (April 28,
24 2006), 71 Fed. Reg. 25328 (April 28, 2006), 72 Fed. Reg.
25 59190 (Oct. 19, 2007), 72 Fed. Reg. 62338 (Nov. 2,
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1 2007), 74 Fed. Reg. 56721 (Nov. 3, 2009)) until the date
2 on which final action with respect to the rule listed in sub-
3 paragraph (A) of section 3(e)(1) becomes effective pursu-
4 ant to subsection (b)(1).
◊
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