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.
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 1996’’.
SEC. 2. SIP REVISIONS FOR AREAS UPWIND OF OZONE NON-
ATTAINMENT AREAS.
(a) REQUIREMENTS
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, cause or significantly contribute to
a violation of the ambient air quality standard for ozone
in another area (hereinafter in this paragraph referred to
as a ‘downwind area’), the State shall submit, within 1
year of the date of enactment of this paragraph, a revision
of the applicable implementation plan that includes a re-
quirement that either—
‘‘(A) the upwind area reduce emissions of each
air pollutant concerned by an amount determined by
the State to be necessary to mitigate impacts caused
by the upwind region to air pollution concentrations
in the downwind region; or
‘‘(B) the upwind region make payments to the
State or to such State’s designated air quality dis-
trict 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.’’.
(b) REQUIREMENTS FOR MODERATE OZONE NON-
ATTAINMENT AREAS.—Section 182(b)(4) of the Clean Air
Act is amended by inserting ‘‘(A)’’ after the side heading
and by adding the following at the end thereof:
‘‘(B) Within 1 year after the enactment of this
subparagraph 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, immediately after the enactment of this sub-
paragraph, a revision to the applicable implementa-
tion plan that includes all provisions necessary to
provide for an enhanced vehicle inspection program
as described in paragraph (3) of subsection (c) and
the regulations of the Administrator adopted pursu-
ant to such paragraph.’’.
(c) REQUIREMENTS FOR MAINTENANCE PLANS.—
Subsection (a) 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 1996, 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 program as described in paragraph (3) of section
182(c) and the regulations of the Administrator adopted
pursuant to such paragraph if the State 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 area (as
identified by the State under section 110(a)(4)).’’.
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