I
105TH CONGRESS
2D SESSION
H. R. 3505
To amend the Clean Air Act to provide for the implementation of the revised
ozone and particulate matter standards, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 19, 1998
Mr. DOOLEY of California (for himself and Mr. BOYD) introduced the
following bill; which was referred to the Committee on Commerce
A BILL
To amend the Clean Air Act to provide for the implementa-
tion of the revised ozone and particulate matter stand-
ards, 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 ‘‘Revised Ozone and
Particulate Matter Standards Implementation Act of
1998’’.
SEC. 2. IMPLEMENTATION OF 1997 REVISED OZONE AND
PARTICULATE MATTER STANDARDS.
The Clean Air Act is amended by adding the follow-
ing new subpart at the end of part D of title I:
‘‘Subpart 7—Implementation of 1997 Revised Ozone
and Particulate Matter Standards
‘‘SEC. 194. FINDINGS AND GOALS.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) The Nation’s air quality has been improv-
ing since 1970 for all criteria air pollutants except
nitrogen oxides, a key ingredient of smog.
‘‘(2) On July 18, 1997, the Administrator pro-
mulgated revised national ambient air quality stand-
ards for particulate matter and ground level ozone
to provide further public health benefits from re-
duced pollution. Concurrent with the promulgation
of the new standards, the Administration published
a plan for implementation of those new standards,
along with a message from the President endorsing
that plan.
‘‘(3) Under current law, many areas may not
achieve the revised standards for as long as 20
years, and some areas may take even longer.
‘‘(4) Without changes in current law, implemen-
tation of the revised standards may result in unnec-
essary costs and delays.
‘‘(5) Control of pollutants transported across
jurisdictional lines has not been adequately ad-
dressed under current law.
‘‘(5) The term ‘new particulate matter stand-
ards’ means the national primary and secondary am-
bient air quality standards for PM–2.5 as promul-
gated on July 18, 1997.
‘‘SEC. 194B. IMPLEMENTATION OF NEW AND REVISED
OZONE AND PARTICULATE STANDARDS.
‘‘Except as specified in this subpart, all applicable re-
quirements of this Act regarding the implementation of
a revised national ambient air quality standard shall apply
to the 8-hour ozone standard and to the revised particu-
late standard.
‘‘SEC. 194C. IMPLEMENTATION OF OZONE STANDARD.
‘‘(a) PHASE-OUT OF 1-HOUR STANDARD.—(1) Upon
a determination by the Administrator that an area has
attained air quality that meets the 1-hour ozone standard,
the provisions of subpart 2 of part D of title I of this
Act shall cease to apply to that area. Within 90 days after
the enactment of this subpart, the Administrator shall
publish a notice identifying the areas that have attained
the 1-hour ozone standard and to which such standard will
cease to apply.
‘‘(2) Notwithstanding section 175A, no State shall be
required to prepare a maintenance plan for an area that
has attained the 1-hour standard for ozone.
‘‘(3) For each ozone nonattainment area where the
air quality does not, as of the date of the publication re-
ferred to in paragraph (1), meet the 1-hour ozone stand-
ard, such 1-hour standard and the provisions of subpart
2 shall continue to apply until the Administrator makes
the determination referred to in paragraph (1).
‘‘(b) IMPLEMENTATION
OF NEW 8-HOUR OZONE
STANDARD.—
‘‘(1) REGIONAL
NOX
STRATEGY.—Not later
than 6 months after the date of enactment of this
subpart the Administrator shall promulgate a rule
authorizing States to establish cap and trade pro-
grams to control regional transport of oxides of ni-
trogen (‘NOX’). The Administrator shall allow a
State or States that establish such a program by
December 31, 1999, to extend the length of permits
granted under section 502(b)(5)(B) by up to two
years.
‘‘(2) TRANSITIONAL CLASSIFICATION.—
‘‘(A) 
AUTHORIZATION.—The 
Adminis-
trator shall provide for a special transitional
classification under section 172(a)(1) for areas
that meet the eligibility requirements of sub-
paragraph (B).
‘‘(B) ELIGIBILITY.—Using ozone monitor-
ing data from calendar years 1995, 1996, and
1997, or later years, the Administrator, under
the authority of section 107(d), shall make the
transitional classification available to States for
the following areas:
‘‘(i) ANY
AREA
ATTAINING
THE
1-
HOUR STANDARD BY DECEMBER 31, 1999,
BUT NOT ATTAINING THE 8-HOUR STAND-
ARD BY THAT DATE AND FOR WHICH A RE-
GIONAL TRANSPORT STRATEGY DESCRIBED
IN PARAGRAPH (1) IS SUFFICIENT FOR AT-
TAINMENT OF THE 8-HOUR STANDARD.—
If, by December 31, 1999, the State sub-
mits an implementation plan that includes
control measures to achieve the emission
reductions required by the rules under
paragraph (1) regarding a regional NOX
strategy.
‘‘(ii) ANY
AREA
ATTAINING
THE
1-
HOUR STANDARD BY DECEMBER 31, 1999,
BUT NOT ATTAINING THE 8-HOUR STAND-
ARD BY THAT DATE AND FOR WHICH A RE-
GIONAL TRANSPORT STRATEGY DESCRIBED
IN PARAGRAPH (1) IS NOT SUFFICIENT FOR
ATTAINMENT
OF
THE
8-HOUR
STAND-
ARD.—If, by December 31, 1999, the State
submits an implementation plan that pro-
vides for emissions reductions necessary to
attain the 8-hour standard by the applica-
ble statutory deadline. In the case of areas
participating in, or directly affected by, a
regional strategy pursuant to paragraph
(1), such State implementation plan shall
provide that the additional emission reduc-
tions shall occur on the same time schedule
as applicable regional transport reductions.
‘‘(C) AREAS NOT ELIGIBLE FOR TRANSI-
TIONAL CLASSIFICATION.—(i) An area not re-
quired, as of the date of the enactment of this
subpart, to achieve the 1-hour standard until
after the year 2000 shall not be eligible for
transitional status. For such an area, no addi-
tional local control measures (beyond those
needed to meet the requirements of subpart 2
or needed to implement any applicable regional
transport strategy under paragraph (1)) shall
be required to be implemented prior to the ap-
plicable attainment date for the 1-hour stand-
ard if, within 3 years of designation as a non-
attainment area for the 8-hour standard, the
State submits an implementation plan for
achieving the 8-hour standard in such area by
the attainment date for such 8-hour standard.
Such a plan may rely substantially on measures
needed to attain the 1-hour standard. Except as
provided in clause (ii), nonattainment areas
that do not attain the 1-hour standard by their
attainment date shall continue to comply with
the requirements of subpart 2 until such stand-
ard is attained.
‘‘(ii) At any time after December 31, 2000,
upon petition from the Governor of any State
containing an area referred to in clause (i), the
Administrator shall allow that area to be sub-
ject to the 8-hour ozone standard in lieu of the
1-hour standard.
‘‘(D) BENEFIT
OF
DESIGNATION.—The
Administrator may, on a case by case basis, ex-
empt areas classified as ‘transitional’ from one
or more specific requirements of part D relating
to ozone, as the Administrator deems appro-
priate and consistent with the goal of meeting
statutory deadlines for achieving the national
primary ambient air quality standard for ozone.
No such exemption may be granted unless the
Administrator and the State agree on a means
to measure (by means of benchmarks, sched-
ules, and other means) whether sufficient
progress is being made toward such goal. The
Administrator shall require sufficient reporting
to demonstrate that the terms of such agree-
ment with the State are being complied with,
and if the Administrator determines that such
terms are not being complied with, the Admin-
istrator shall remove such exemption.
‘‘SEC. 194D. IMPLEMENTATION OF NEW PARTICULATE MAT-
TER STANDARDS.
‘‘(a) 
IMPLEMENTATION
OF
REVISED
PM–10
NAAQS.—(1) For each area that has not attained the ex-
isting PM–10 NAAQS as of July 18, 1997, the existing
PM–10 NAAQS shall remain in effect and the new partic-
ulate matter standards shall not apply until the Adminis-
trator has completed a rulemaking for the existing PM–
10 NAAQS under section 172(e) (relating to backsliding).
The Administrator shall issue the final rule for such pur-
poses no later than December 31, 1998.
‘‘(2) For an area that has attained the existing PM–
10 NAAQS, the existing PM–10 NAAQS and any applica-
ble State implementation plan (including a maintenance
plan) for the PM–10 NAAQS shall remain in effect until
the State submits under section 110, and the Adminis-
trator approves, an implementation plan for the attain-
ment and maintenance of the new particulate matter
standards. Upon approval of such implementation plan,
the existing PM–10 NAAQS and the State plan imple-
menting the existing PM–10 NAAQS shall cease to apply
to such area.
‘‘(b) IMPLEMENTATION OF NEW PM–2.5 NAAQS.—
‘‘(1) MONITORING.—(A) The Administrator
shall consult with the National Academy of Sciences,
States, and affected stakeholders to design and es-
tablish a comprehensive monitoring network to de-
termine ambient fine particle concentrations across
the country.
‘‘(B) The monitoring network shall be designed
to collect data at a sufficient level of detail so as to
help determine, at a minimum, the following: which
areas do not meet the new air quality standards, the
major sources and constituents of PM–2.5 in various
regions, and potential cost-effective means of achiev-
ing the new particulate matter standards. All mon-
itors must provide, at a minimum, for limited specia-
tion, or analysis of the chemical composition, of the
particles measured. Immediately upon enactment of
this Act, the Administrator shall request the Na-
tional Academy of Sciences to make a recommenda-
tion, as soon as possible, as to what proportion of
the monitors should provide for a more comprehen-
sive speciation of the particles.
‘‘(2) EXPEDITED
DEPLOYMENT
OF
A
NET-
WORK.—(A) The Administrator shall work coopera-
tively with the States, local governments, tribes, and
other parties to deploy a nationally consistent mon-
itoring network to measure and analyze PM–2.5.
‘‘(B) The Administrator shall fund 100 percent
of the costs for the purchase and installation of such
monitors, but any State may expedite deployment of
monitors in their state by advancing funding for
such purposes.
‘‘(C) The Administrator shall coordinate the
analysis of particles collected at the monitors to de-
termine their chemical composition.
‘‘(3) INCENTIVES
FOR
EXPEDITED
DEPLOY-
MENT.—(A) States that contribute substantially to
the deployment of monitors in accordance with para-
graph (2)(B) shall not be required to implement the
standards for PM–2.5 earlier than would have been
required in the absence of any contribution toward
early deployment of the monitoring network.
‘‘(B) The Administrator shall permit States
which complete deployment of the monitoring system
by June 30, 1999, to extend the length of permits
granted under section 502(b)(5)(B) by up to one
year in addition to any extension allowable under
any other authority of law.
‘‘(c) EXTERNAL REVIEW OF STANDARD.—(1) Imme-
diately following the enactment of this Act, the Adminis-
trator shall request the National Academy of Sciences
(NAS) to commence a review of the new PM–2.5 standard
and to recommend, as soon as possible, a research plan
designed to both reduce scientific uncertainties regarding
the appropriateness of the PM–2.5 standard and to help
identify the most cost-effective means of achieving it.
‘‘(2) The Administrator shall request the National
Academy of Sciences to recommend to the Administrator,
by June 30, 2002, whether or not it is appropriate to re-
vise the PM–2.5 standard under this Act.
‘‘(3) Following the receipt of the NAS recommenda-
tion, but not later than June 30, 2003, the Administrator
shall make a determination under section 109(b) as to
whether it is appropriate to revise the PM–2.5 standard
or retain the standard as promulgated on July 18, 1997.
The Administrator shall make such determination prior to
designating any area as a nonattainment area for PM–
2.5.
‘‘(d) IMPLEMENTATION SCHEDULE.—
‘‘(1) 
UNCLASSIFIABLE
DESIGNATION.—Not
later than June 30, 1999, the Administrator shall
designate all areas of the country as unclassifiable
for PM–2.5. These designations shall not trigger the
planning or control requirements of part D of title
I of the Act.
‘‘(2) GOVERNOR’S
DESIGNATION
OF
NON-AT-
TAINMENT AREAS BASED ON AT LEAST 3 YEARS OF
MONITORING DATA.—Notwithstanding the deadline
set forth in section 107(d)(1)(A), for PM–2.5, the
Governor of each State shall submit to the Adminis-
trator the list referred to in section 107(d)(1)(A) not
later than 6 months after the Administrator makes
the determination referred to in subsection (c)(3).
‘‘(3) ADMINISTRATOR’S DESIGNATION OF NON-
ATTAINMENT AREAS.—Notwithstanding the deadline
set forth in section 107(d)(1)(B), for PM–2.5, the
Administrator shall promulgate the designation of
all areas (or portions thereof) under section
107(d)(1)(B) not later than 18 months after the Ad-
ministrator makes the determination referred to in
subsection (c)(3).
‘‘(4) STATE IMPLEMENTATION PLANS DUE.—
Each State in which the Administrator has des-
ignated a PM–2.5 nonattainment area shall submit
an implementation plan or plan revision meeting the
requirements of subpart 1 and section 110 for the
attainment of the PM–2.5 standard in such area.
Notwithstanding the deadline set forth in section
110(a)(1), such plan shall be submitted in accord-
ance with the deadlines specified in section 172(b)
unless extended in accordance with section 110(b).’’.
SEC. 3. GENERAL NONATTAINMENT PROVISIONS.
(a) EARLY NAAQS COMPLIANCE BENEFITS.—Sec-
tion 172 of the Clean Air Act is amended by adding the
following at the end thereof:
‘‘(f) EARLY NAAQS COMPLIANCE BENEFITS.—The
Administrator shall promulgate such rules as may be nec-
essary to permit State implementation plans for non-
attainment areas to reward sources of any air pollutant
for which a national ambient air quality standard is in
effect to be rewarded if the source—
‘‘(1) makes significant reductions (as deter-
mined by the Administrator) in emissions of such air
pollutant below the benchmarks set by existing State
implementation plans; and
‘‘(2) demonstrates and publicly reports consist-
ent achievement of said emission reductions.
The Administrator and the State may establish by regula-
tion such rewards for such superior environmental per-
formance as they deem acceptable, including such incen-
tives as a longer permit term, third party auditing privi-
leges, and streamlined reporting, notwithstanding any
other requirement of this Act, if the Administrator finds,
and then subsequently demonstrates over time, that the
net effect of the combination of the superior environmental
performance and any reward offered therefor results in a
significant reduction in risk to human health and the envi-
ronment relative to that posed by emission levels otherwise
allowable under this Act.
‘‘(g) AIR QUALITY INVESTMENT PROGRAM.—The
Administrator shall encourage States to design market-
based strategies for attaining national ambient air quality
standards that focus on obtaining low cost reductions for
all sources, including such approaches as a Clean Air In-
vestment Fund that would allow sources facing control
costs per ton of pollutant higher than a prescribed upper
bound to pay a set annual amount per ton, to be deter-
mined by the Administrator, to fund cost-effective emis-
sions reductions from nontraditional and small sources.
‘‘(h) NEW SOURCE REVIEW AND CONFORMITY RULE
REVISIONS.—(1) The Administrator shall revise the rules
under section 172(c)(5) (relating to new source review)
and the rules relating to conformity so that States may
comply with such rules with only minor revisions to their
applicable implementation plans in areas designated as
transitional for ozone under section 194C(b)(3).
‘‘(2) The Administrator shall also reexamine the re-
quirements applicable to nonattainment areas under sec-
tion 172(c)(5), and shall make reasonable efforts (includ-
ing any necessary modification of applicable rules) to en-
sure fairness between ozone nonattainment areas and
transitional areas and between areas from which any air
pollutant for which a national ambient air quality stand-
ard is in effect, or precursor thereof, is transported and
the areas to which that air pollutant, or precursor, is
transported, including combinations of such areas that lie
within a single State.
SEC. 4. RESEARCH.
(a) PARTICULATE MATTER.—(1) The Administrator
of the Environmental Protection Agency, in partnership
with other Federal agencies, shall develop an expanded co-
ordinated interagency particulate matter research pro-
gram. In doing so, the Administrator shall give significant
consideration to the recommendations of the National
Academy of Sciences.
(2) The research program shall contribute to expand-
ing the science associated with particulate matter health
effects and shall develop improved monitoring methods
and cost-effective mitigation strategies.
(3) The research program shall place significant em-
phasis on coordinating research on health effects, biologi-
cal mechanism causing effects, monitoring, source-recep-
tor relationships, speciation of PM, identification of
sources, control technologies and regional transport for
particulate matter with corresponding research on ozone
and other related pollutants including regional haze.
(4) To assist State and local efforts in completing
planning requirements and reducing particulate matter air
pollution, the Administrator of the Environmental Protec-
tion Agency shall work cooperatively with the Department
of Agriculture, Department of Defense, Department of
Energy, Department of Transportation, and other affected
Federal agencies to refine existing, limited analytical mod-
els for PM–10 and to develop new reliable predictive mod-
els for PM–2.5.
(b) TROPOSPHERIC OZONE.—(1) The Administrator
shall enter into arrangements with the National Academy
of Sciences under which the National Academy will imme-
diately undertake a thorough review of its 1991 report Re-
thinking the Ozone Problem in Urban and Regional Air
Pollution and report to Congress no later than January
30, 1999, on the recommendations that continue to be rel-
evant to the Nation’s approach to reducing tropospheric
ozone. The report shall also establish priorities for agency
and state response to recommendations.
(2) The Administrator of the Environmental Protec-
tion Agency shall continue to participate in the inter-gov-
ernmental public/private partnership called the North
American Research Strategy for Tropospheric Ozone
(NARSTO) that involves a coordinated effort to identify
and address key issues in the emissions, transport, and
mitigation of photochemical pollutants.
(3) The Administrator of the Environmental Protec-
tion Agency shall work in partnership with other Federal
agencies to address research needs on ozone health and
ecological effects. Significant emphasis shall be placed on
coordinating both health effects, monitoring, source-recep-
tor, and control technologies for ozone with corresponding
research on particulate matter and other related pollut-
ants subject to significant regional transport.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this
Act.
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