I

104TH CONGRESS

2D SESSION H. R. 4339

To amend the Clean Air Act to impose certain requirements on areas upwind

of ozone nonattainment areas, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 3, 1996

Mr. CONDIT (for himself, Mr. DOOLITTLE, Mr. CUNNINGHAM, and Mr.

RADANOVICH) introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To amend the Clean Air Act to impose certain requirements

on areas upwind of ozone nonattainment areas, and for

other purposes.

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 ‘‘Transported Air Pollu5 tion Mitigation Act of 1996’’.
2

•HR 4339 IH

1 SEC. 2. SIP REVISIONS FOR AREAS UPWIND OF OZONE NON2 ATTAINMENT AREAS.

3 (a) REQUIREMENTS FOR ALL AREAS.—Section

4 110(a) of the Clean Air Act is amended by inserting the

5 following new paragraph after paragraph (3):

6 ‘‘(4) For each area (hereinafter in this paragraph re7 ferred to as an ‘upwind area’) in a State which, as deter8 mined by the State, cause or significantly contribute to

9 a violation of the ambient air quality standard for ozone

10 in another area (hereinafter in this paragraph referred to

11 as a ‘downwind area’), the State shall submit, within 1

12 year of the date of enactment of this paragraph, a revision

13 of the applicable implementation plan that includes a re14 quirement that either—

15 ‘‘(A) the upwind area reduce emissions of each

16 air pollutant concerned by an amount determined by

17 the State to be necessary to mitigate impacts caused

18 by the upwind region to air pollution concentrations

19 in the downwind region; or

20 ‘‘(B) the upwind region make payments to the

21 State or to such State’s designated air quality dis22 trict to compensate the downwind area in such

23 amounts as such State finds necessary to pay for the

24 costs of emission reduction measures required to be

25 undertaken in the downwind area.’’.
3

•HR 4339 IH

1 (b) REQUIREMENTS FOR MODERATE OZONE NON2 ATTAINMENT AREAS.—Section 182(b)(4) of the Clean Air

3 Act is amended by inserting ‘‘(A)’’ after the side heading

4 and by adding the following at the end thereof:

5 ‘‘(B) Within 1 year after the enactment of this

6 subparagraph each moderate area which the State

7 determines to cause or significantly contribute to a

8 violation of the national ambient air quality stand9 ards for ozone in a downwind area (as identified by

10 the State under section 110(a)(4)), the State shall

11 submit, immediately after the enactment of this sub12 paragraph, a revision to the applicable implementa13 tion plan that includes all provisions necessary to

14 provide for an enhanced vehicle inspection program

15 as described in paragraph (3) of subsection (c) and

16 the regulations of the Administrator adopted pursu17 ant to such paragraph.’’.

18 (c) REQUIREMENTS FOR MAINTENANCE PLANS.—

19 Subsection (a) 175A of the Clean Air Act is amended by

20 adding the following at the end thereof: ‘‘Such plan shall

21 also be amended within 1 year after the later of—

22 ‘‘(1) the date of enactment of the Transported

23 Air Pollution Mitigation Act of 1996, or

24 ‘‘(2) the date on which the request under sec25 tion 107(d) is submitted,
4

•HR 4339 IH

1 to include measures to provide for an enhanced vehicle in2 spection program as described in paragraph (3) of section

3 182(c) and the regulations of the Administrator adopted

4 pursuant to such paragraph if the State determines that

5 the area requesting redesignation is causing or signifi6 cantly contributing to a violation of the national ambient

7 air quality standards for ozone in a downwind area (as

8 identified by the State under section 110(a)(4)).’’.

Æ