II 

110TH CONGRESS 

2D SESSION S. 3496 

To address the health and economic development impacts of nonattainment 

of federally mandated air quality standards in the San Joaquin Valley, 

California, by designating air quality empowerment zones. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2008 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To address the health and economic development impacts 

of nonattainment of federally mandated air quality standards in the San Joaquin Valley, California, by designating air quality empowerment zones. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Air and Health Quality 

5 Empowerment Zone Designation Act of 2008’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to establish criteria 

8 through the use of which specific geographical areas— 


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1 (1) shall be designated as air and health quality 

2 empowerment zones; and 

3 (2) may apply for grants authorized for the 

4 purpose of replacing or retrofitting polluting vehicles 

5 or engines (or both vehicles and engines) in order to 

6 improve the health of the population living in the 

7 zones. 

8 SEC. 3. FINDINGS. 

9 Congress finds that— 

10 (1) the San Joaquin Valley faces serious air 

11 quality challenges that impact the development, 

12 health, and economy of the Valley; 

13 (2) the Valley emits approximately 624 tons of 

14 nitrogen oxides per day, and attainment of the fed15 erally mandated 8-hour ozone standard under the 

16 Clean Air Act requires emissions of not more than 

17 160 tons of oxides of nitrogen per day; 

18 (3) the Valley does not attain the federally 

19 mandated standard for PM2.5; 

20 (4) the children of the Valley miss 188,000 

21 school days per year, which translates to 1 in 4 of 

22 those children experiencing a day of absence each 

23 year due to elevated ozone levels; 

24 (5) approximately 460 residents of the Valley 

25 die earlier than they otherwise would due to elevated 


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1 ozone levels, and Valley residents experience 23,300 

2 asthma attacks per year, a rate that equals 3 times 

3 the State average and 5 times the national average; 

4 (6) 1 in 5 children residing in the Valley have 

5 been diagnosed with asthma; 

6 (7) nonattainment of Federal air quality stand7 ards costs the Valley $3,200,000,000 annually; 

8 (8) the Valley experiences chronic double-digit 

9 unemployment rates; and 

10 (9) the Federal Government must partner with 

11 the Valley and the State to address air quality, 

12 health, and economic development for the residents 

13 of the Valley through the designation of the Valley 

14 as air quality empowerment zone that is eligible for 

15 Federal grants and technical assistance. 

16 SEC. 4. DEFINITIONS. 

17 In this Act: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Environ20 mental Protection Agency. 

21 (2) AGENCY.—The term ‘‘Agency’’ means the 

22 Environmental Protection Agency. 

23 (3) CLEAN AIR ACT.—The term ‘‘Clean Air 

24 Act’’ means the Clean Air Act (42 U.S.C. 7401 et 

25 seq.). 


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1 (4) PM2.5.—The term ‘‘PM2.5’’ means particu2 late matter with a diameter that does not exceed 2.5 

3 micrometers. 

4 (5) STRATEGIC PLAN.—The term ‘‘strategic 

5 plan’’ means, with respect to an area, the plan con6 tained in the application for designation of the area 

7 under section 5. 

8 (6) VALLEY.—The term ‘‘Valley’’ means the 

9 San Joaquin Valley, California. 

10 SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION 

11 PROCEDURES. 

12 (a) IN GENERAL.—From among the areas nominated 

13 for designation under this section, the Administrator may 

14 designate 1 or more areas as air and health quality em15 powerment zones. 

16 (b) PERIOD FOR WHICH DESIGNATION IS IN EF17 FECT.— 

18 (1) IN GENERAL.—Any designation under this 

19 section shall remain in effect during the period be20 ginning on the date of the designation and ending 

21 on the earlier of— 

22 (A) the last day of the tenth calendar year 

23 beginning on the date of the designation; or 

24 (B) the date on which the Administrator 

25 revokes the designation. 


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1 (2) REVOCATION OF DESIGNATION.—The Ad2 ministrator may revoke the designation under this 

3 section of an area if the Administrator determines 

4 that the local air pollution control district in which 

5 the designated area is located— 

6 (A) has been designated as being in attain7 ment with the national ambient air quality 

8 standard for PM2.5 and ozone promulgated 

9 under the Clean Air Act; or 

10 (B) is not complying substantially with, or 

11 fails to make progress in achieving the goals of, 

12 the strategic plan. 

13 (c) LIMITATIONS ON DESIGNATIONS.—No area may 

14 be designated under subsection (a) unless— 

15 (1) the area is nominated for designation by the 

16 air pollution control district with jurisdiction over 

17 the area; 

18 (2) the air pollution control district provides 

19 written assurances satisfactory to the Administrator 

20 that the strategic plan will be implemented; and 

21 (3) the Administrator determines that any in22 formation provided is reasonably accurate. 

23 (d) APPLICATION.—No area may be designated under 

24 subsection (a) unless the application for the designation— 


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1 (1) demonstrates that the nominated area satis2 fies the eligibility criteria described in section 6; and 

3 (2) includes a strategic plan for accomplishing 

4 the purposes of this Act that— 

5 (A) describes— 

6 (i) the process by which the nomi7 nated area is a full partner in the process 

8 of developing and implementing the plan; 

9 and 

10 (ii) the extent to which local institu11 tions and organizations have contributed to 

12 the planning process; 

13 (B) identifies— 

14 (i) the amount of State, local, and pri15 vate resources that will be available for the 

16 nominated area; and 

17 (ii) the private/public partnerships to 

18 be used (which may include participation 

19 by, and cooperation with, institutions of 

20 higher education, medical centers, and 

21 other private and public entities); 

22 (C) identifies the funding requested under 

23 any Federal program in support of the purposes 

24 of this Act; 


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1 (D) identifies baselines, methods, and 

2 benchmarks for measuring the success of car3 rying out the strategic plan; and 

4 (E) includes such other information as 

5 may be required by the Administrator. 

6 SEC. 6. ELIGIBILITY CRITERIA. 

7 (a) IN GENERAL.—A nominated area shall be eligible 

8 for designation under section 5(a) only if the area meets 

9 all of the following criteria: 

10 (1) NONATTAINMENT.—The nominated area 

11 has been designated as being— 

12 (A) in extreme nonattainment of the 8- 

13 hour ozone national ambient air quality stand14 ard promulgated by the Administrator under 

15 the Clean Air Act; and 

16 (B) in nonattainment of national ambient 

17 air quality standard for PM2.5 promulgated by 

18 the Administrator under that Act. 

19 (2) AGRICULTURAL SOURCES.—The nominated 

20 area has— 

21 (A) emissions of oxides of nitrogen from 

22 farm equipment of at least 30 tons per day in 

23 calendar year 2010; or 


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1 (B) emissions of volatile organic com2 pounds from farming operations of at least 40 

3 tons per day in calendar year 2010. 

4 (3) AIR-RELATED HEALTH EFFECTS.—As of 

5 the date of nomination, the nominated area— 

6 (A) meets or exceeds the national average 

7 per capita incidence of asthma; and 

8 (B) meets or exceeds the national average 

9 of school days missed due to the health impact 

10 of elevated ozone levels. 

11 (4) ECONOMIC IMPACT.—As of the date of nom12 ination, the nominated area experiences unemploy13 ment rates higher than the national average. 

14 (5) STATE MATCHING FUNDS.—The nominated 

15 area is located within a State and local area that 

will match at least 1 16 ⁄2 of the funds provided by the 

17 Federal Government under this Act. 

18 SEC. 7. ELIGIBLE GRANT APPLICANTS. 

19 Any air pollution control district or other local gov20 ernmental entity authorized to regulate air quality in a 

21 State under the Clean Air Act may apply for a grant 

22 under this Act. 

23 SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWER24 MENT GRANTS. 

25 (a) ELIGIBILITY.— 


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1 (1) IN GENERAL.—Each area designated as an 

2 air and health quality empowerment zone under sec3 tion 5(a) shall be eligible to receive 1 or more grants 

4 under this section. 

5 (2) AMOUNT OF GRANTS.—The amount of each 

6 grant awarded to a designated air and health quality 

7 empowerment zone shall be determined by the Ad8 ministrator based upon a review of— 

9 (A) the information contained in the appli10 cations required by section 5(d); and 

11 (B) the needs set forth in the applications 

12 by those designated as beneficiaries. 

13 (3) TIMING OF GRANTS.—With respect to each 

14 designated air and health quality empowerment 

15 zone, the Administrator shall make— 

16 (A) a grant under this section to each such 

17 zone on the date of designation of the zone 

18 under section 5(a); and 

19 (B) the grant under this section to each 

20 such zone available on the first day of the first 

21 fiscal year that begins after the date of designa22 tion of the zone. 

23 (4) OVERSIGHT OF GRANTS.—The air pollution 

24 control district or other local government entity au25 thorized to regulate air quality in an area designated 


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1 as an air and health safety empowerment zone under 

2 section 5(a) shall oversee the use of any grant funds 

3 provided to the zone under this section. 

4 (b) USE OF GRANTS.—Each air and health safety 

5 empowerment zone that receives a grant under this section 

6 shall use the grant solely— 

7 (1) to carry out activities that achieve the pur8 poses described in section 2; 

9 (2) in accordance with the strategic plan for the 

10 zone; and 

11 (3) for activities that benefit the residents of 

12 the zone for which the grant is made through im13 proved air quality and health. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Administrator to pro16 vide grants under this section $20,000,000 for each of fis17 cal years 2009 through 2013. 

Æ 


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