United States 115th Congress Status: In Committee 1 R cosponsors

S 452 — ORDEAL Act of 2017

Last action — Committee on Environment and Public Works Subcommittee on Clean Air and Nuclear Safety. Hearings held. With printed Hearing: S.Hrg. 115-103.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Ozone Regulatory Delay and Extension of Assessment Length Act of 2017 or the ORDEAL Act of 2017 This bill amends the Clean Air Act to lengthen from 5 years to 10 years the intervals at which the Environmental Protection Agency (EPA) is required to review and revise air quality criteria and primary and secondary national ambient air quality standards (NAAQS). This bill eliminates the EPA's authority to review and revise criteria or promulgate new standards for ozone concentrations earlier or more frequently than required. The EPA must delay until 2025 the enforcement and implementation of the rule entitled, "National Ambient Air Quality Standards for Ozone." No earlier than 2025, the EPA must initiate a new rulemaking to promulgate NAAQS for ozone concentrations. The intervals at which an independent scientific review committee is required to review air quality criteria and NAAQS and recommend any new standards or revisions to existing criteria and standards are lengthened from 5 years to 10 years. The bill delays the review by an independent scientific review committee of NAAQS for ozone concentrations until 2025.

Bill Text

Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Air pollution prevention and control · 42 U.S.C. ch. 85 1 section
  • § 7409 National primary and secondary ambient air quality standards Amends

    42 U.S.C. § 7409 — at 7409(d)

    The law today

    (a) Promulgation (1) The Administrator— (A) within 30 days after December 31, 1970, shall publish proposed regulations prescribing a national primary ambient air quality standard and a national secondary ambient air quality standard for each air pollutant for which air quality criteria have been issued prior to such date; and (B) after a reasonable time for interested persons to submit written comments thereon (but no later than 90 days after the initial publication of such proposed standards) shall by regulation promulgate such proposed national primary and secondary ambient air quality standards with such modifications as he deems appropriate. (2) With respect to any air pollutant for which air quality criteria are issued after December 31, 1970, the Administrator shall publish, simultaneously with the issuance of such criteria and information, proposed national primary and secondary ambient air quality standards for any such pollutant. The procedure provided for in paragraph (1)(B) of this subsection shall apply to the promulgation of such standards. (b) Protection of public health and welfare (1) National primary ambient air quality standards, prescribed under subsection (a) shall be ambient air quality standards the attainment and maintenance of which in the judgment of the Administrator, based on such criteria and allowing an adequate margin of safety, are requisite to protect the public health. Such primary standards may be revised in the same manner as promulgated. (2) Any national secondary ambient air quality standard prescribed under subsection (a) shall specify a level of air quality the attainment and maintenance of which in the judgment of the Administrator, based on such criteria, is requisite to protect the public welfare from any known or anticipated adverse effects associated with the presence of such air pollutant in the ambient air. Such secondary standards may be revised in the same manner as promulgated. (c) National primary ambient air quality standard for nitrogen dioxide The Administrator shall, not later than one year after August 7, 1977, promulgate a national primary ambient air quality standard for NO2 concentrations over a period of not more than 3 hours unless, based on the criteria issued under section 7408(c) of this title, he finds that there is no significant evidence that such a standard for such a period is requisite to protect public health. (d) Review and revision of criteria and standards; independent scientific review committee; appointment; advisory functions (1) Not later than December 31, 1980, and at five-year intervals thereafter, the Administrator shall complete a thorough review of the criteria published under section 7408 of this title and the national ambient air quality standards promulgated under this section and shall make such revisions in such criteria and standards and promulgate such new standards as may be appropriate in accordance with section 7408 of this title and subsection (b) of this section. The Administrator may review and revise criteria or promulgate new standards earlier or more frequently than required under this paragraph. (2) (A) The Administrator shall appoint an independent scientific review committee composed of seven members including at least one member of the National Academy of Sciences, one physician, and one person representing State air pollution control agencies. (B) Not later than January 1, 1980, and at five-year intervals thereafter, the committee referred to in subparagraph (A) shall complete a review of the criteria published under section 7408 of this title and the national primary and secondary ambient air quality standards promulgated under this section and shall recommend to the Administrator any new national ambient air quality standards and revisions of existing criteria and standards as may be appropriate under section 7408 of this title and subsection (b) of this section. (C) Such committee shall also (i) advise the Administrator...

    7 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill delays the enforcement and implementation of the 2015 national ambient air quality standards for ozone and alters the review intervals for air quality standards.

  • 42 U.S.C. 7409(d)(1)

    (d)(1) Not later than December 31, 1980, and at five-year intervals → (1) Review and revision of criteria and standards.--(A) In general.--Not later than December 31, 1980, and at 10-year intervals

    Changes the interval for review and revision of air quality standards from every five years to every ten years.

  • 42 U.S.C. 7409(d)(1)

    The Administrator → (B) Early and frequent review and revision.--Except with respect to any national ambient air quality standard promulgated under this section for ozone concentrations, the Administrator

    Exempts ozone standards from the early and frequent review requirement.

  • 42 U.S.C. 7409(d)(1)

    (C) 2015 national ambient air quality standards for ozone concentrations.--(i) In general.--The Administrator shall delay the enforcement and implementation of the final rule entitled 'National Ambient Air Quality Standards for Ozone' (80 Fed. Reg. 65292 (October 26, 2015)) until January 1, 2025.

    Delays the enforcement and implementation of the 2015 ozone standards to January 1, 2025.

  • 42 U.S.C. 7409(d)(1)

    (ii) New rulemaking.--Not earlier than January 1, 2025, the Administrator shall initiate a new rulemaking to promulgate new national ambient air quality standards for ozone concentrations.

    Requires the Administrator to initiate new rulemaking for ozone standards by January 1, 2025.

  • 42 U.S.C. 7409(d)(2)(B)

    (B) Not later than January 1, 1980, and at five-year intervals → (B) Review.--(i) In general.--Except as provided in clause (ii), not later than January 1, 1980, and at 10-year intervals

    Changes the review intervals for national secondary ambient air quality standards from five years to ten years.

  • 42 U.S.C. 7409(d)(2)(B)

    (ii) National ambient air quality standards for ozone concentrations.--Not earlier than January 1, 2025, and at 10-year intervals thereafter, the committee referred to in subparagraph (A) shall, with respect to national ambient air quality standards for ozone concentrations--

    Sets a specific review timeline for ozone standards starting in 2025, aligning it with the newly established schedule.

Action History

  1. Committee on Environment and Public Works Subcommittee on Clean Air and Nuclear Safety. Hearings held. With printed Hearing: S.Hrg. 115-103.

  2. Introduced in Senate

  3. Read twice and referred to the Committee on Environment and Public Works.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment
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Frequently asked questions

What does S 452 do?
Ozone Regulatory Delay and Extension of Assessment Length Act of 2017 or the ORDEAL Act of 2017 This bill amends the Clean Air Act to lengthen from 5 years to 10 years the intervals at which the Environmental Protection Agency (EPA) is required to review and revise air quality criteria and primary and secondary national ambient air quality standards (NAAQS). This bill eliminates the EPA's authority to review and revise criteria or promulgate new standards for ozone concentrations earlier or more frequently than required. The EPA must delay until 2025 the enforcement and implementation of the rule entitled, "National Ambient Air Quality Standards for Ozone." No earlier than 2025, the EPA must initiate a new rulemaking to promulgate NAAQS for ozone concentrations. The intervals at which an independent scientific review committee is required to review air quality criteria and NAAQS and recommend any new standards or revisions to existing criteria and standards are lengthened from 5 years to 10 years. The bill delays the review by an independent scientific review committee of NAAQS for ozone concentrations until 2025.
Who sponsors S 452?
S 452 is sponsored by Flake, Jeff (Republican).
What is the current status of S 452?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 452?
Track S 452 free on One Click Politics — get push/email alerts when it moves.

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