II 

Calendar No. 453 

111TH CONGRESS 

2D SESSION S. 3373 

[Report No. 111–218] 

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 

MAY 13, 2010 

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

to the Committee on Environment and Public Works 

JUNE 29, 2010 

Reported by Mrs. BOXER, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Empowerment Zone Designation Act of 2010’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to establish criteria 

6 through the use of which specific geographical areas— 

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

8 empowerment zones; and 

9 (2) may apply for grants authorized for the 

10 purpose of replacing or retrofitting polluting vehicles 

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

12 improve the health of the population living in the 

13 zones. 

14 SEC. 3. FINDINGS. 

15 Congress finds that— 

16 (1) the San Joaquin Valley faces serious air 

17 quality challenges that impact the development, 

18 health, and economy of the Valley; 

19 (2) the Valley emits approximately 624 tons of 

20 nitrogen oxides per day, and attainment of the 1997 

21 federally mandated 8-hour ozone standard under the 

22 Clean Air Act requires emissions of not more than 

23 160 tons of oxides of nitrogen per day; 

24 (3) the Valley does not attain the federally 

25 mandated standard for PM2.5; 


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

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

3 those children experiencing a day of absence each 

4 year due to elevated ozone levels; 

5 (5) approximately 460 residents of the Valley 

6 die earlier than they otherwise would due to elevated 

7 ozone levels, and Valley residents experience 23,300 

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

9 the State average and 5 times the national average; 

10 (6) 1 in 5 children residing in the Valley have 

11 been diagnosed with asthma; 

12 (7) nonattainment of Federal air quality stand13 ards costs the Valley $3,200,000,000 annually; 

14 (8) the Valley experiences chronic double-digit 

15 unemployment rates; and 

16 (9) the Federal Government must partner with 

17 the Valley and the State to address air quality, 

18 health, and economic development for the residents 

19 of the Valley through the designation of the Valley 

20 as air quality empowerment zone that is eligible for 

21 Federal grants and technical assistance. 

22 SEC. 4. DEFINITIONS. 

23 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

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

5 Environmental Protection Agency. 

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

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

8 seq.). 

9 (4) PM2.5.—The term ‘‘PM2.5’’ means particu10 late matter with a diameter that does not exceed 2.5 

11 micrometers. 

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

13 plan’’ means, with respect to an area, the plan con14 tained in the application for designation of the area 

15 under section 5. 

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

17 San Joaquin Valley, California. 

18 SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION 

19 PROCEDURES. 

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

21 for designation under this section, the Administrator may 

22 designate 1 or more areas as air and health quality em23 powerment zones. 

24 (b) PERIOD FOR WHICH DESIGNATION IS IN EF25 FECT.— 


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

2 section shall remain in effect during the period be3 ginning on the date of the designation and ending 

4 on the earlier of— 

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

6 beginning on the date of the designation; or 

7 (B) the date on which the Administrator 

8 revokes the designation. 

9 (2) REVOCATION OF DESIGNATION.—The Ad10 ministrator may revoke the designation under this 

11 section of an area if the Administrator determines 

12 that the local air pollution control district in which 

13 the designated area is located— 

14 (A) has been designated as being in attain15 ment with the national ambient air quality 

16 standard for PM2.5 and ozone promulgated 

17 under the Clean Air Act; or 

18 (B) is not complying substantially with, or 

19 fails to make progress in achieving the goals of, 

20 the strategic plan. 

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

22 be designated under subsection (a) unless— 

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

24 air pollution control district with jurisdiction over 

25 the area; 


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1 (2) the air pollution control district provides 

2 written assurances satisfactory to the Administrator 

3 that the strategic plan will be implemented; and 

4 (3) the Administrator determines that any in5 formation provided is reasonably accurate. 

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

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

8 (1) demonstrates that the nominated area satis9 fies the eligibility criteria described in section 6; and 

10 (2) includes a strategic plan for accomplishing 

11 the purposes of this Act that— 

12 (A) describes— 

13 (i) the process by which the nomi14 nated area is a full partner in the process 

15 of developing and implementing the plan; 

16 and 

17 (ii) the extent to which local institu18 tions and organizations have contributed to 

19 the planning process; 

20 (B) identifies— 

21 (i) the amount of State, local, and pri22 vate resources that will be available for the 

23 nominated area; and 

24 (ii) the private/public partnerships to 

25 be used (which may include participation 


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1 by, and cooperation with, institutions of 

2 higher education, medical centers, and 

3 other private and public entities); 

4 (C) identifies the funding requested under 

5 any Federal program in support of the purposes 

6 of this Act; 

7 (D) identifies baselines, methods, and 

8 benchmarks for measuring the success of car9 rying out the strategic plan; and 

10 (E) includes such other information as 

11 may be required by the Administrator. 

12 SEC. 6. ELIGIBILITY CRITERIA. 

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

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

15 all of the following criteria: 

16 (1) NONATTAINMENT.—The nominated area 

17 has been designated as being— 

18 (A) in extreme nonattainment of the 8- 

19 hour ozone national ambient air quality stand20 ard promulgated by the Administrator under 

21 the Clean Air Act; and 

22 (B) in nonattainment of national ambient 

23 air quality standard for PM2.5 promulgated by 

24 the Administrator under that Act. 


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1 (2) AGRICULTURAL SOURCES.—The nominated 

2 area has— 

3 (A) emissions of oxides of nitrogen from 

4 farm equipment of at least 30 tons per day in 

5 calendar year 2010; or 

6 (B) emissions of volatile organic com7 pounds from farming operations of at least 40 

8 tons per day in calendar year 2010. 

9 (3) AIR QUALITY-RELATED HEALTH EF10 FECTS.—As of the date of nomination, the nomi11 nated area meets or exceeds the national average per 

12 capita incidence of asthma. 

13 (4) ECONOMIC IMPACT.—As of the date of nom14 ination, the nominated area experiences unemploy15 ment rates higher than the national average. 

16 (5) STATE MATCHING FUNDS.—The nominated 

17 area is located within a State and local area that 

will match at least 1 18 ⁄2 of the funds provided by the 

19 Federal Government under this Act. 

20 SEC. 7. ELIGIBLE GRANT APPLICANTS. 

21 Any air pollution control district or other local gov22 ernmental entity authorized to regulate air quality in a 

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

24 under this Act. 


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1 SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWER2 MENT GRANTS. 

3 (a) ELIGIBILITY.— 

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

5 air and health quality empowerment zone under sec6 tion 5(a) shall be eligible to receive 1 or more grants 

7 under this section. 

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

9 grant awarded to a designated air and health quality 

10 empowerment zone shall be determined by the Ad11 ministrator based upon a review of— 

12 (A) the information contained in the appli13 cations required by section 5(d); and 

14 (B) the needs set forth in the applications 

15 by those designated as beneficiaries. 

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

17 designated air and health quality empowerment 

18 zone, the Administrator shall make— 

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

20 zone on the date of designation of the zone 

21 under section 5(a); and 

22 (B) the grant under this section to each 

23 such zone available on the first day of the first 

24 fiscal year that begins after the date of designa25 tion of the zone. 


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

2 control district or other local government entity au3 thorized to regulate air quality in an area designated 

4 as an air and health safety empowerment zone under 

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

6 provided to the zone under this section. 

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

8 empowerment zone that receives a grant under this section 

9 shall use the grant solely— 

10 (1) to carry out activities that achieve the pur11 poses described in section 2; 

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

13 zone; and 

14 (3) for activities that benefit the residents of 

15 the zone for which the grant is made through im16 proved air quality and health. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to the Administrator to pro19 vide grants under this section $20,000,000 for each of fis20 cal years 2011 through 2015. 


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Calendar No. 453 

111TH CONGRESS 

2D SESSION S. 3373 

[Report No. 111–218] 

A BILL 

To address the health and economic development 

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

JUNE 29, 2010 

Reported without amendment 


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