I
105TH CONGRESS
1ST SESSION
H. R. 1911
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
JUNE 17, 1997
Mr. CONDIT (for himself, Mr. BILBRAY, Mr. DOOLEY of California, Mr. DOO-
LITTLE, Mr. FARR of California, Mr. FILNER, Mr. GOODE, Mr. JOHN,
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 each
air pollutant concerned and its precursors by an
amount determined by the State to be necessary to
mitigate impacts commensurate with the level of
contribution caused by the upwind area to air pollu-
tion 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 inserting ‘‘(A)’’ after the
heading and 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).’’.
(c) REQUIREMENTS FOR MAINTENANCE PLANS.—(1)
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 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) of section 182(c) and the regulations of the Ad-
ministrator adopted pursuant to such paragraph (3) if the
State determines that the area requesting redesignation
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 section
110(a)(4)).’’.
(2) 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)) that is designated as an attainment area that
causes or significantly contributes to a violation of the na-
tional ambient air quality standard for ozone in any down-
wind area (as identified under section 110(a)(4)) 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 con-
tained in the State implementation plan for such upwind
area before its redesignation as an attainment area. Such
measures shall include all existing control measures, as
well as any control measures not yet implemented that are
necessary to fully mitigate the transport of ozone and its
precursors to downwind areas. There shall be no relax-
ation or rescission of any control measure or rule in the
upwind area as long as the area causes or contributes to
a violation of the national ambient air quality standard
for ozone in any downwind area.’’.
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