HR 4775 · 114th Congress 2015–2017, ended

Ozone Standards Implementation Act of 2016

Introduced Mar 17, 2016 Originated House Sponsor Pete Olson R-TX

Fact sheet Spreadsheet

Latest action · Jun 9, 2016 Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 17, 2016
  2. Passed HouseJun 8, 2016
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Ozone Standards Implementation Act of 2016

This bill amends the Clean Air Act by revising the National Ambient Air Quality Standards (NAAQS) program.

(Sec. 2) The bill delays the implementation of the ozone NAAQS that were published in 2015. The bill extends until: (1) October 26, 2024, the deadline for states to submit designations to implement the 2015 ozone NAAQS; and (2) October 26, 2025, the deadline for the Environmental Protection Agency (EPA) to designate state areas as attainment, nonattainment, or unclassifiable areas with respect to the 2015 ozone NAAQS. States must submit a state implementation plan (SIP) by October 26, 2026, to implement, maintain, and enforce the 2015 ozone NAAQS.

The bill exempts from the 2015 ozone standards certain preconstruction permit applications that were completed or submitted before a final designation was made.

(Sec. 3) The bill also changes the review cycle for criteria pollutant NAAQS from a 5-year review cycle to a 10-year review cycle. The EPA may not complete its next review of ozone NAAQS before October 26, 2025.

The EPA may consider, as a secondary consideration, likely technological feasibility in establishing and revising NAAQS for a pollutant if a range of air quality levels for such pollutant are requisite to protect public health with an adequate margin of safety.

Prior to establishing or revising NAAQS, the EPA must obtain advice from its scientific advisory committee regarding potential adverse public health, welfare, social, economic, or energy effects which may result from attaining and maintaining NAAQS.

The EPA must publish regulations and guidance for implementing NAAQS concurrently with the issuance of a new or revised standard. New or revised NAAQS shall not apply to preconstruction permits for constructing or modifying a stationary source of air pollutants until those regulations and guidance have been published.

The bill provides that in Extreme Ozone Nonattainment Areas, contingency measures are not required to be included in nonattainment plans. Technological achievability and economic feasibility must be taken into consideration in plan revisions for milestones for particulate matter nonattainment areas.

The bill redefines "exceptional events," by including stagnation of air masses that are not ordinarily occurring.

The EPA must: (1) report on foreign emissions and their impact on compliance with the NAAQS program in the United States, (2) study and report on the atmospheric formation of ozone and effective control strategies, and (3) incorporate the results of the study into rules and guidance implementing the 2015 ozone standards.

(Sec. 5) The bill specifies that no additional funds are authorized for carrying out the requirements of this bill.

Recorded votes 7

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 282Passed234–177Jun 8, 2016
House 281Failed173–239Jun 8, 2016
House 280Failed171–239Jun 8, 2016
House 279Failed160–251Jun 8, 2016
House 278Failed169–242Jun 8, 2016
Show all 7 votes

Cosponsors 43

Members who signed on, in the order they did. Signatures ran from Mar 17, 2016 to May 24, 2016; 5 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-TXBill FloresOriginalMar 17, 2016
D-TXHenry CuellarOriginalMar 17, 2016
R-CAKevin McCarthyOriginalMar 17, 2016
R-OHRobert E. LattaOriginalMar 17, 2016
R-LASteve ScaliseOriginalMar 17, 2016
R-TXBrian BabinMar 22, 2016
R-WVDavid B. McKinleyMar 22, 2016
R-KYEd WhitfieldMar 22, 2016
R-NCRenee L. EllmersMar 22, 2016
R-OHSteve ChabotMar 22, 2016
R-OHBill JohnsonApr 12, 2016
R-NDKevin CramerApr 12, 2016
R-TXMichael C. BurgessApr 12, 2016
R-PATim MurphyApr 12, 2016
R-AZTrent FranksApr 12, 2016
Show all 43 cosponsors

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Mar 17, 2016Markup May 18, 2016Reported Jun 7, 2016
Energy Subcommittee
Referred Mar 18, 2016Markup May 12, 2016Reported May 12, 2016
SenateEnvironment and Public Works Committee
Referred Jun 9, 2016

Actions 39

Everything that happened, newest first.

  1. Jun 9, 2016Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
  2. Jun 8, 2016Considered under the provisions of rule H. Res. 767. (consideration: CR H3517-3537)
  3. Jun 8, 2016Resolution provides for consideration of H.R. 4775, H. Con. Res. 89, and H. Con. Res. 112.
  4. Jun 8, 2016House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 767 and Rule XVIII.
  5. Jun 8, 2016The Speaker designated the Honorable Jody B. Hice to act as Chairman of the Committee.
  6. Jun 8, 2016GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4775.
  7. Jun 8, 2016DEBATE - Pursuant to the provisions of H.Res. 767, the Committee of the Whole proceeded with 10 minutes of debate on the Whitfield amendment No. 1.
  8. Jun 8, 2016POSTPONED PROCEEDINGS - At the conclusion of debate on the Whitfield amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Rush demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
  9. Jun 8, 2016DEBATE - Pursuant to the provisions of H.Res. 767, the Committee of the Whole proceeded with 10 minutes of debate on the Rush amendment No. 2.
  10. Jun 8, 2016POSTPONED PROCEEDINGS - At the conclusion of debate on the Rush amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Rush demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
  11. Jun 8, 2016DEBATE - Pursuant to the provisions of H.Res. 767, the Commitee of the Whole proceeded with 10 minutes of debate on the Pallone amendment No. 3.
  12. Jun 8, 2016POSTPONED PROCEEDINGS - At the conclusion of debate on the Pallone amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Pallone demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
  13. Jun 8, 2016DEBATE - Pursuant to the provisions of H.Res. 767, the Committee of the Whole proceeded with 10 minutes of debate on the Gosar amendment No. 4.
  14. Jun 8, 2016DEBATE - Pursuant to the provisions of H.Res. 767, the Committee of the Whole proceeded with 10 minutes of debate on the Polis amendment No. 5.
  15. Jun 8, 2016POSTPONED PROCEEDINGS - At the conclusion of debate on the Polis amendment No. 5, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Polis demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
  16. Jun 8, 2016DEBATE - Pursuant to the provisions of H.Res. 767, the Committee of the Whole proceeded with 10 minutes of debate on Norton amendment No. 6.
  17. Jun 8, 2016POSTPONED PROCEEDINGS - At the conclusion of debate on the Norton amendment No. 6, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Norton demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
  18. Jun 8, 2016The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4775.
  19. Jun 8, 2016The previous question was ordered pursuant to the rule. (consideration: CR H3535, H3537)
  20. Jun 8, 2016The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H3525-3526)
  21. Jun 8, 2016Mr. Rush moved to recommit with instructions to the Committee on Energy and Commerce. (consideration: CR H3535-3537; text: CR H3535)
  22. Jun 8, 2016DEBATE - The House proceeded with 10 minutes of debate on the Rush motion to recommit with instructions, pending a reservation of a point of order. The instructions contained in the motion require the bill be reported back to the House with an amendment to repeal the delay of the EPA's ozone rule if the Administrator finds that implementing the delay would increase the risk of various health issues. Subsequently, the reservation of the point of order was withdrawn.
  23. Jun 8, 2016The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H3536)
  24. Jun 8, 2016On motion to recommit with instructions Failed by recorded vote: 173 - 239 (Roll no. 281).
  25. Jun 8, 2016Passed/agreed to in House: On passage Passed by the Yeas and Nays: 234 - 177 (Roll no. 282).
  26. Jun 8, 2016Motion to reconsider laid on the table Agreed to without objection.
  27. Jun 7, 2016Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 114-598, Part II.
  28. Jun 7, 2016Rules Committee Resolution H. Res. 767 Reported to House. Resolution provides for consideration of H.R. 4775, H. Con. Res. 89, and H. Con. Res. 112.
  29. May 27, 2016Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 114-598.
  30. May 27, 2016Placed on the Union Calendar, Calendar No. 464.
  31. May 18, 2016Committee Consideration and Mark-up Session Held.
  32. May 18, 2016Ordered to be Reported (Amended) by the Yeas and Nays: 30 - 23.
  33. May 17, 2016Committee Consideration and Mark-up Session Held.
  34. May 12, 2016Subcommittee Consideration and Mark-up Session Held.
  35. May 12, 2016Forwarded by Subcommittee to Full Committee by Voice Vote .
  36. May 11, 2016Subcommittee Consideration and Mark-up Session Held.
  37. Mar 18, 2016Referred to the Subcommittee on Energy and Power.
  38. Mar 17, 2016Introduced in House
  39. Mar 17, 2016Referred to the House Committee on Energy and Commerce.

In the Congressional Record 3

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H3580Rick W. Allen R-GAJun 9, 2016
HouseDebate and remarks H3509–H3517, H3517–H3537Text printed H3509, H3525Amendments H3515, H3525, H3526, H3527, H3528, H3529, H3530, H3531Motions H3535Recorded votes H3516, H3532, H3533, H3534, H3536, H3537consideration (H. Res. 767), previous questionenactNorton amendment (prohibit State implementation of ozone standards if the EPA and Clean Air Scientific Advisory Committee find the provisions could harm public health or the environment)Pallone amendment (preserve national ambient air quality standards as health-based standards by prohibiting consideration of technological feasibility)Whitfield amendment (clarify source of funding for development of studies relative to impact of foreign emissions on State air quality and formation of effective pollution control strategies)Rush motion to recommit (eliminate delays in State implementation of ozone standards if the EPA and Clean Air Scientific Advisory Committee find the provisions could harm public health)Bill Flores R-TX, Bobby L. Rush D-IL (amendment, motion), Earl L. "Buddy" Carter R-GA, Ed Whitfield R-KY (amendment), Eleanor Holmes Norton D-DC (amendment), Frank Pallone, Jr. D-NJ (amendment), Fred Upton R-MI, Gene Green D-TX, Jared Polis D-CO (amendment), Kathy Castor D-FL, Paul A. Gosar R-AZ (amendment), Paul Tonko D-NY, Pete Olson R-TX, Randy K. Weber, Sr. R-TX, Rob Woodall R-GA, Robert E. Latta R-OH, Ted Lieu D-CAJun 8, 2016
HouseDebate and remarks H3465Declaratory Statements H3504Reports H3501Evan H. Jenkins R-WV, Rob Woodall R-GAJun 7, 2016

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee reports

Congressional Budget Office cost estimate

  1. Jun 6, 2016H.R. 4775, Ozone Standards Implementation Act of 2016As reported by the House Committee on Energy and Commerce on May 27, 2016

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clause 3 of the Constitution: The Congress shall have power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

The sponsor’s statement, as printed in the Congressional Record, vol. 162, no. 43, March 17, 2016, page H1462.

Printed hearings 3

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
S. Hrg. 114-363EXAMINING PATHWAYS TOWARD COMPLIANCE OF THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR GROUND-LEVEL OZONE: LEGISLATIVE HEARING ON S. 2882 AND S. 2072128 pagesEnvironment and Public Works CommitteeJun 22, 2016
Serial No. 114-134H.R. 4775, OZONE STANDARDS IMPLEMENTATION ACT OF 2016153 pagesEnergy and Commerce CommitteeApr 14, 2016
Serial No. 114-130FISCAL YEAR 2017 EPA BUDGET162 pagesEnergy and Commerce CommitteeMar 22, 2016

CRS reports 3

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 3

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
R43092Implementing EPA’s 2015 Ozone Air Quality Standards ArchivedReportAug 16, 2018
R44744Clean Air Act Issues in the 115th Congress: In Brief ArchivedReportAug 13, 2018
R43851Clean Air Issues in the 114th Congress ArchivedReportDec 21, 2016

Amendments 6

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 1150Amendment to provide that no additional funds are authorized to be appropriated to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized.Ed Whitfield R-KYOn agreeing to the Whitfield amendment (A001) Agreed to by recorded vote: 236 - 170 (Roll no. 276).
HAmdt 1151Amendment sought to provide Federal, State, local, or tribal permitting agencies the ability to opt-out of section 3(d) if they determine that issuing a preconstruction permit under an outdated and less protective air quality standard will increase air pollution, slow permitting, increase regulatory uncertainty, foster litigation, shift the burden of pollution control from new sources to existing sources, or increase the overall cost of achieving the new or revised national ambient air quality standard in the applicable area.Bobby L. Rush D-ILOn agreeing to the Rush amendment (A002) Failed by recorded vote: 171 - 235 (Roll no. 277).
HAmdt 1152Amendment sought to strike the consideration of technological feasibility when determining national ambient air quality standards to preserve health based standards.Frank Pallone, Jr. D-NJOn agreeing to the Pallone amendment (A003) Failed by recorded vote: 169 - 242 (Roll no. 278).
HAmdt 1153Amendment ensures that the study on Ozone formation contained in the bill analyzes the relative contribution from wildfires.Paul A. Gosar R-AZOn agreeing to the Gosar amendment (A004) Agreed to by voice vote.
HAmdt 1154Amendment sought to repeal the prohibitions against aggregating emissions from any oil or gas exploration or production well and emissions. Additionally, amendment sought to require the EPA to issue a rule adding hydrogen sulfide to the list of hazardous air pollutants.Jared Polis D-COOn agreeing to the Polis amendment (A005) Failed by recorded vote: 160 - 251 (Roll no. 279).
Show all 6 amendments

Related bills 3

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HRES 767Providing for consideration of the bill (H.R. 4775) to facilitate efficient State implementation of ground-level ozone standards, and for other purposes; providing for consideration of the concurrent resolution (H. Con. Res. 89) expressing the sense of Congress that a carbon tax would be detrimental to the United States economy; and providing for the consideration of the concurrent resolution (H. Con. Res. 112) expressing the sense of Congress opposing the President's proposed $10 tax on every barrel of oil.Related billJun 8, 2016
S 2882Ozone Standards Implementation Act of 2016Related billJun 22, 2016
HR 4000Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015Related billNov 20, 2015

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To facilitate efficient State implementation of ground-level ozone standards, and for other purposes.
Short Titles as Introduced
Ozone Standards Implementation Act of 2016
Short Titles as Reported to House
Ozone Standards Implementation Act of 2016
Short Titles as Passed House
Ozone Standards Implementation Act of 2016

Subjects

Assigned by the Library of Congress. Policy area: Environmental Protection.

Text 4

Each version as it was printed, newest first.

  1. Jun 9, 2016Referred in Senate
  2. Jun 8, 2016Engrossed in House
  3. May 27, 2016Reported in House
  4. Mar 17, 2016Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.