I
105TH CONGRESS
1ST SESSION
H. R. 2328
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
JULY 31, 1997
Mr. CONDIT (for himself, Mr. CRAMER, Mr. SISISKY, Mr. PETERSON of Min-
nesota, Mr. TURNER, Mr. BILBRAY, Mr. DOOLEY of California, Mr. DOO-
LITTLE, Mr. FILNER, Mr. GOODE, Mr. POMBO, 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Transported Air Pollu-
tion Mitigation Act of 1997’’.
SEC. 2. SIP REQUIREMENTS FOR AREAS UPWIND OF OZONE
NONATTAINMENT AREAS.
(a) SIP REVISIONS
FOR
ALL
AREAS.—Section
110(a) of the Clean Air Act is amended by inserting the
following new paragraph after paragraph (3):
‘‘(4) For each area (hereinafter in this paragraph re-
ferred to as an ‘upwind area’) in a State which, as deter-
mined by the State, causes or significantly contributes to
a violation of the national ambient air quality standard
for ozone in another area (hereinafter in this paragraph
referred to as a ‘downwind area’) in the State, the State
shall submit, within 1 year of such determination, a revi-
sion of the applicable implementation plan that includes
a requirement that either—
‘‘(A) the upwind area reduce emissions of ozone
or its precursors by an amount determined by the
State to be necessary to mitigate impacts commen-
surate with the level of contribution caused by the
upwind area to air pollution concentrations in the
downwind area; or
‘‘(B) the upwind area make payments to the
State or to an air quality district designated by the
State to compensate the downwind area in such
amounts as such State finds necessary to pay for the
costs of emission reduction measures required to be
undertaken in the downwind area to fully mitigate
the impacts of pollutants transported from the
upwind area.’’.
(b) REQUIREMENTS FOR MODERATE OZONE NON-
ATTAINMENT AREAS.—Paragraph (4) of section 182(b) of
the Clean Air Act is amended by adding the following at
the end thereof:
‘‘(B) For each moderate area which the State
determines to cause or significantly contribute to a
violation of the national ambient air quality stand-
ards for ozone in a downwind area (as identified by
the State under section 110(a)(4)), the State shall
submit, within 1 year after such determination, a re-
vision to the applicable implementation plan that in-
cludes all provisions necessary to provide for an en-
hanced vehicle inspection and maintenance program
as described in paragraph (3) of subsection (c) of
this section and the regulations of the Administrator
adopted pursuant to such paragraph (3).’’.
SEC. 3. SIP REQUIREMENTS FOR STATES UPWIND OF
OZONE NONATTAINMENT AREAS.
(a) SIP REVISIONS FOR ALL AREAS.—Section 126
of the Clean Air Act is amended by inserting the following
new subsection after subsection (c):
‘‘(d) STATES UPWIND OF OZONE NONATTAINMENT
AREAS.—For each State (hereinafter in this subsection re-
ferred to as an ‘upwind State’) which, as determined by
the Administrator, causes or significantly contributes to
a violation of the national ambient air quality standard
for ozone in an area in one or more other States (herein-
after in this paragraph referred to as a ‘downwind area’),
the State shall submit, within 1 year of such determina-
tion, a revision of the applicable implementation plan pro-
visions adopted under section 110(a)(2)(D)(ii) that con-
tains either or both the following:
‘‘(1) Provisions under which the upwind State
will require reductions in emissions of ozone or its
precursors by an amount determined by the Admin-
istrator to be necessary to mitigate impacts commen-
surate with the level of contribution caused by
sources in the upwind State to ozone concentrations
in the downwind area.
‘‘(2) Provisions under which the upwind State
will make payments to the State or States in which
all or part of the downwind area is located or to an
air quality district designated by the Administrator
to compensate such State or States in such amounts
as the Administrator finds necessary to pay for the
costs of emission reduction measures required to be
undertaken in the downwind area to fully mitigate
the impacts of pollutants transported from the
upwind State.’’.
(b) REQUIREMENTS FOR MODERATE OZONE NON-
ATTAINMENT AREAS.—Paragraph (4) of section 182(b) of
the Clean Air Act is amended by adding the following at
the end thereof:
‘‘(C) For each moderate area which the Admin-
istrator determines to cause or significantly contrib-
ute to a violation of the national ambient air quality
standards for ozone in a downwind area (as identi-
fied by the Administrator under section 126(d)), the
State shall submit, within 1 year after such deter-
mination, a revision to the applicable implementation
plan that includes all provisions necessary to provide
for an enhanced vehicle inspection and maintenance
program as described in paragraph (3) of subsection
(c) of this section and the regulations of the Admin-
istrator adopted pursuant to such paragraph (3).’’.
SEC. 4. MAINTENANCE PLANS.
(a) REQUIREMENTS FOR MAINTENANCE PLANS.—(1)
Subsection (a) of section 175A of the Clean Air Act is
amended by adding the following at the end thereof: ‘‘Such
plan shall also be amended within 1 year after the later
of—
‘‘(1) the date of enactment of the Transported
Air Pollution Mitigation Act of 1997, or
‘‘(2) the date on which the request under sec-
tion 107(d) is submitted
to include measures to provide for an enhanced vehicle in-
spection and maintenance program as described in para-
graph (3) and (4) of section 182(c) and the regulations
of the Administrator adopted pursuant to such paragraphs
if the State determines that the area requesting redesigna-
tion is causing or significantly contributing to a violation
of the national ambient air quality standards for ozone
in a downwind area (as identified by the State under sec-
tion 110(a)(4)) or if the Administrator determines that
the area requesting redesignation is causing or signifi-
cantly contributing to a violation of the national ambient
air quality standards for ozone in a downwind State (as
identified by the Administrator under section 126(d)).’’.
(b) TRANSPORT MITIGATION.—Section 175A of the
Clean Air Act is amended by adding the following at the
end thereof:
‘‘(e) TRANSPORT MITIGATION.—Each plan adopted
under this section shall be amended within 1 year after
the enactment of this subsection to require that any
upwind area (as identified by the State under section
110(a)(4)) and any upwind State (as identified by the Ad-
ministrator under section 126(d)) that is designated as an
attainment area that causes or significantly contributes to
a violation of the national ambient air quality standard
for ozone in any downwind area (as identified under sec-
tion 110(a)(4) or section 126(d)) shall be required by the
applicable implementation plans under section 110 and
this part to implement all measures with respect to the
air pollutant concerned which were contained in the State
implementation plan for such upwind area before its re-
designation as an attainment area. Such measures shall
include all existing control measures, as well as any con-
trol measures not yet implemented that are necessary to
fully mitigate the transport of ozone and its precursors
to such downwind areas. There shall be no relaxation or
rescission of any control measure or rule in the upwind
area or unwind State as long as sources in such upwind
area or State cause or contribute to a violation of the na-
tional ambient air quality standard for ozone in any such
downwind area.’’.
Æ