69–008 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–229 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 806) TO FACILITATE 

EFFICIENT STATE IMPLEMENTATION OF GROUND-LEVEL OZONE STANDARDS, AND FOR OTHER PURPOSES 

JULY 17, 2017.—Referred to the House Calendar and ordered to be printed 

Mr. BURGESS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 451] 

The Committee on Rules, having had under consideration House 

Resolution 451, by a record vote of 6 to 3, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 806, the Ozone 

Standards Implementation Act of 2017, under a structured rule. 

The resolution provides one hour of general debate equally divided 

and controlled by the chair and ranking minority member of the 

Committee on Energy and Commerce. The resolution waives all 

points of order against consideration of the bill. The resolution 

makes in order as original text for purpose of amendment an 

amendment in the nature of a substitute consisting of the text of 

Rules Committee Print 115–26 and provides that it shall be considered as read. The resolution waives all points of order against that 

amendment in the nature of a substitute. The resolution makes in 

order only those further amendments printed in this report. Each 

such amendment may be offered only in the order printed in this 

report, may be offered only by a Member designated in this report, 

shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent 

and an opponent, shall not be subject to amendment, and shall not 

be subject to a demand for division of the question in the House 

or in the Committee of the Whole. The resolution waives all points 

of order against the amendments printed in this report. The resolution provides one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

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sion of a committee cost estimate in a committee report. It is important to note that while the cost estimate was not available at 

the time the report was filed, it has been publicly available since 

July 14, 2017. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute made in order as original 

text, the Committee is not aware of any points of order. The waiver 

is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in this report, the Committee is not aware of 

any points of order. The waiver of all points of order prophylactic 

in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 75 

Motion by Mr. Woodall to report the rule. Adopted: 6–3 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ ................... Ms. Slaughter .................................................. ...................

Mr. Woodall ...................................................... Yea Mr. McGovern ................................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Collins ........................................................ ................... Mr. Polis ........................................................... Nay 

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... ...................

Mr. Buck ........................................................... Yea 

Ms. Cheney ....................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Castor (FL): Halts implementation of the Ozone Standards Implementation Act of 2017 if the Clean Air Scientific Advisory Committee finds that application could increase health risks to vulnerable populations including children, seniors, pregnant women, outdoor workers, and minority and low-income communities. (10 minutes) 

2. Tonko (NY): Strikes subsection (b) of Section 3, which would 

to allow EPA to consider technological feasibility when determining 

what level of pollution is safe. (10 minutes) 

3. Beyer (VA): Strikes subsection (h) of section 3 (relating to exceptional events) (10 minutes) 

4. Polis (CO): Closes the loophole which prevents aggregating 

emissions from any oil or gas exploration or production well. Additionally, it seeks to require the EPA to add hydrogen sulfide to the 

list of hazardous air pollutants. (10 minutes) 

5. McNerney (CA): Strikes section 6 of the bill. (10 minutes) 

6. McNerney (CA), Costa (CA): SUBSTITUTE Strikes the underlying bill and replaces it with a grant program to benefit regions 

with the poorest air quality. (10 minutes) 

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TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTOR OF

FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of section 2, add the following new subsection: 

(c) LIMITATION.—This section shall not apply if the Clean Air Scientific Advisory Committee finds that application of subsection (a) 

could increase (especially for vulnerable populations such as children, seniors, pregnant women, outdoor workers, and minority and 

low-income communities) any of the following: 

(1) Asthma attacks. 

(2) Hospitalization and emergency room visits for those with 

respiratory disease or cardiovascular disease. 

(3) The risk of preterm birth, babies born with low birth 

weight, or impaired fetal growth. 

(4) The risk of heart attacks, stroke, or premature death. 

(5) Reproductive, developmental, or other serious harms to 

human health. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TONKO OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike subsection (b) of section 3 (relating to consideration of 

technological feasibility) and make such conforming changes as 

may be necessary. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BEYER OF

VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike subsection (h) of section 3 (relating to exceptional events). 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Redesignate sections 5 and 6 as sections 6 and 7, respectively. 

Insert after section 4 the following: 

SEC. 5. BRINGING REDUCTIONS TO ENERGY’S AIRBORNE TOXIC 

HEALTH EFFECTS. 

(a) REPEAL OF EXEMPTION FOR AGGREGATION OF EMISSIONS FROM

OIL AND GAS SOURCES.—Section 112(n) of the Clean Air Act (42 

U.S.C. 7412(n)) is amended by striking paragraph (4). 

(b) HYDROGEN SULFIDE AS A HAZARDOUS AIR POLLUTANT.—The 

Administrator of the Environmental Protection Agency shall— 

(1) not later than 180 days after the date of enactment of 

this Act, issue a final rule adding hydrogen sulfide to the list 

of hazardous air pollutants under section 112(b) of the Clean 

Air Act (42 U.S.C. 7412(b)); and 

(2) not later than 365 days after a final rule under paragraph (1) is issued, revise the list under section 112(c) of such 

Act (42 U.S.C. 7412(c)) to include categories and subcategories 

of major sources and area sources of hydrogen sulfide, including oil and gas wells. 

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5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCNERNEY

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 6. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCNERNEY

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Air and Health Quality Empowerment Zone Designation Act of 2017’’. 

SEC. 2. AIR AND HEALTH QUALITY EMPOWERMENT ZONES. 

(a) DESIGNATION OF AIR AND HEALTH QUALITY EMPOWERMENT

ZONES.— 

(1) IN GENERAL.—The Administrator may designate an area 

as an air and health quality empowerment zone if— 

(A) the air pollution control district or other local governmental entity authorized to regulate air quality for the 

area submits an application under paragraph (2) nominating the area for such designation; and 

(B) the Administrator determines that— 

(i) the information in the application is reasonably 

accurate; and 

(ii) the nominated area satisfies the eligibility criteria described in paragraph (3). 

(2) NOMINATION.—To nominate an area for designation 

under paragraph (1), the air pollution control district or other 

local governmental entity authorized to regulate air quality for 

the area shall submit to the Administrator an application 

that— 

(A) demonstrates that the nominated area satisfies the 

eligibility criteria described in paragraph (3); and 

(B) includes a strategic plan that— 

(i) is designed for— 

(I) addressing air quality challenges and achieving attainment of air quality standards in the 

area; and 

(II) improving the health of the population in 

the area; 

(ii) describes— 

(I) the process by which the district or local governmental entity is a full partner in the process of 

developing and implementing the strategic plan; 

and 

(II) the extent to which local institutions and organizations have contributed to the planning process; 

(iii) identifies— 

(I) the amount of State, local, and private resources that will be available for carrying out the 

strategic plan; and 

(II) the private and public partnerships to be 

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operation with, institutions of higher education, 

medical centers, and other private and public entities) in carrying out the strategic plan; 

(iv) identifies the funding requested under any Federal program in support of the strategic plan; 

(v) identifies baselines, methods, and benchmarks 

for measuring the success of the strategic plan; and 

(vi) includes such other information as may be required by the Administrator; and 

(C) provides written assurances satisfactory to the Administrator that the strategic plan will be implemented. 

(3) ELIGIBILITY CRITERIA.—To be eligible for designation 

under paragraph (1), an area must meet all of the following 

criteria: 

(A) NONATTAINMENT.—The area has been designated as 

being— 

(i) in extreme nonattainment of the national ambient air quality standard for ozone; and 

(ii) in nonattainment of the national ambient air 

quality standard for PM2.5. 

(B) UNIQUE SOURCES.—The area had— 

(i) emissions of oxides of nitrogen from farm equipment of at least 30 tons per day in calendar year 2011; 

(ii) emissions of volatile organic compounds from 

farming operations of at least 3 tons per day in calendar year 2010; or 

(iii) emissions of oxides of nitrogen from sources governed primarily through international law of at least 

50 tons per day in calendar year 2010. 

(C) AIR QUALITY-RELATED HEALTH EFFECTS.—As of the 

date of designation, the area meets or exceeds the national 

average per capita incidence of asthma. 

(D) ECONOMIC IMPACT.—As of the date of designation, 

the area experiences unemployment rates higher than the 

national average. 

(E) MATCHING FUNDS.—The air pollution control district 

or other local governmental entity submitting the strategic 

plan under paragraph (2) for the area agrees that it will 

make available (directly or through contributions from the 

State or other public or private entities) non-Federal contributions toward the activities to be carried out under the 

strategic plan in an amount equal to $1 for each $1 of Federal funds provided for such activities. Such non-Federal 

matching funds may be in cash or in-kind, fairly evaluated, including plant, equipment, or services. 

(4) PERIOD OF DESIGNATION.—A designation under paragraph 

(1) shall remain in effect during the period beginning on the 

date of the designation and ending on the earlier of— 

(A) the last day of the tenth calendar year ending after 

the date of the designation; or 

(B) the date on which the Administrator revokes the designation. 

(5) REVOCATION OF DESIGNATION.—The Administrator may 

revoke the designation under paragraph (1) of an area if the 

Administrator determines that— 

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(A) the area is in attainment with the national ambient 

air quality standards for PM2.5 and ozone; or 

(B) the air pollution control district or other local governmental entity submitting the strategic plan under paragraph (2) for the area is not complying substantially with, 

or fails to make progress in achieving the goals of, such 

strategic plan. 

(b) GRANTS FOR AIR AND HEALTH QUALITY EMPOWERMENT

ZONES.— 

(1) IN GENERAL.—For the purpose described in paragraph (2), 

the Administrator may award one or more grants to the air 

pollution control district or local governmental entity submitting the application under subsection (a)(2) on behalf of each 

air and health quality empowerment zone designated under 

subsection (a)(1). 

(2) USE OF GRANTS.—A recipient of a grant under paragraph 

(1) shall use the grant solely for the purpose of carrying out 

the strategic plan submitted by the recipient under subsection 

(a)(2). 

(3) AMOUNT OF GRANTS.—The amount awarded under this 

subsection with respect to a designated air and health quality 

empowerment zone shall be determined by the Administrator 

based upon a review of— 

(A) the information contained in the application for the 

zone under subsection (a)(2); and 

(B) the needs set forth in the application for those anticipated to benefit from the strategic plan submitted for the 

zone. 

(4) TIMING OF GRANTS.—To the extent and in the amount of 

appropriations made available in advance, the Administrator 

shall— 

(A) award a grant under this subsection with respect to 

each air and health quality empowerment zone on the date 

of designation of the zone under subsection (a)(1); and 

(B) make the grant funds available to the grantee on the 

first day of the first fiscal year that begins after the date 

of such designation. 

(c) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Environmental Protection Agency. 

(2) PM2.5.—The term ‘‘PM2.5’’ means particulate matter with 

a diameter that does not exceed 2.5 micrometers. 

SEC. 3. REPORT TO CONGRESS. 

Not later than 5 years after the date of the enactment of this 

Act, the Administrator of the Environmental Protection Agency— 

(1) shall submit a report to the Congress on the impact of 

this Act; and 

(2) may include in such report a description of the impact of 

this Act in regard to— 

(A) the reduction of particulate matter and nitrogen oxides emissions; 

(B) the reduction of asthma rates and other health indicators; and 

(C) economic indicators. 

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Amend the title so as to read: ‘‘A bill to provide for the designation of, and the award of grant with respect to, air and health quality empowerment zones.’’. 

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