ozone levels, and Valley residents experience 23,300 
asthma attacks per year, a rate that equals 3 times 
the State average and 5 times the national average; 
(6) 1 in 5 children residing in the Valley have 
been diagnosed with asthma; 
(7) nonattainment of Federal air quality stand-
ards costs the Valley $3,200,000,000 annually; 
(8) the Valley experiences chronic double-digit 
unemployment rates; and 
(9) the Federal Government must partner with 
the Valley and the State to address air quality, 
health, and economic development for the residents 
of the Valley through the designation of the Valley 
as air quality empowerment zone that is eligible for 
Federal grants and technical assistance. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) AGENCY.—The term ‘‘Agency’’ means the 
Environmental Protection Agency. 
(3) CLEAN
AIR
ACT.—The term ‘‘Clean Air 
Act’’ means the Clean Air Act (42 U.S.C. 7401 et 
seq.). 
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(4) PM2.5.—The term ‘‘PM2.5’’ means particu-
late matter with a diameter that does not exceed 2.5 
micrometers. 
(5) STRATEGIC
PLAN.—The term ‘‘strategic 
plan’’ means, with respect to an area, the plan con-
tained in the application for designation of the area 
under section 5. 
(6) VALLEY.—The term ‘‘Valley’’ means the 
San Joaquin Valley, California. 
SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION 
PROCEDURES. 
(a) IN GENERAL.—From among the areas nominated 
for designation under this section, the Administrator may 
designate 1 or more areas as air and health quality em-
powerment zones. 
(b) PERIOD FOR WHICH DESIGNATION IS IN EF-
FECT.— 
(1) IN GENERAL.—Any designation under this 
section shall remain in effect during the period be-
ginning on the date of the designation and ending 
on the earlier of— 
(A) the last day of the tenth calendar year 
beginning on the date of the designation; or 
(B) the date on which the Administrator 
revokes the designation. 
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(2) REVOCATION OF DESIGNATION.—The Ad-
ministrator may revoke the designation under this 
section of an area if the Administrator determines 
that the local air pollution control district in which 
the designated area is located— 
(A) has been designated as being in attain-
ment with the national ambient air quality 
standard for PM2.5 and ozone promulgated 
under the Clean Air Act; or 
(B) is not complying substantially with, or 
fails to make progress in achieving the goals of, 
the strategic plan. 
(c) LIMITATIONS ON DESIGNATIONS.—No area may 
be designated under subsection (a) unless— 
(1) the area is nominated for designation by the 
air pollution control district with jurisdiction over 
the area; 
(2) the air pollution control district provides 
written assurances satisfactory to the Administrator 
that the strategic plan will be implemented; and 
(3) the Administrator determines that any in-
formation provided is reasonably accurate. 
(d) APPLICATION.—No area may be designated under 
subsection (a) unless the application for the designation— 
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(1) demonstrates that the nominated area satis-
fies the eligibility criteria described in section 6; and 
(2) includes a strategic plan for accomplishing 
the purposes of this Act that— 
(A) describes— 
(i) the process by which the nomi-
nated area is a full partner in the process 
of developing and implementing the plan; 
and 
(ii) the extent to which local institu-
tions and organizations have contributed to 
the planning process; 
(B) identifies— 
(i) the amount of State, local, and pri-
vate resources that will be available for the 
nominated area; and 
(ii) the private/public partnerships to 
be used (which may include participation 
by, and cooperation with, institutions of 
higher education, medical centers, and 
other private and public entities); 
(C) identifies the funding requested under 
any Federal program in support of the purposes 
of this Act; 
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(D) identifies baselines, methods, and 
benchmarks for measuring the success of car-
rying out the strategic plan; and 
(E) includes such other information as 
may be required by the Administrator. 
SEC. 6. ELIGIBILITY CRITERIA. 
(a) IN GENERAL.—A nominated area shall be eligible 
for designation under section 5(a) only if the area meets 
all of the following criteria: 
(1) NONATTAINMENT.—The nominated area 
has been designated as being— 
(A) in extreme nonattainment of the 8- 
hour ozone national ambient air quality stand-
ard promulgated by the Administrator under 
the Clean Air Act; and 
(B) in nonattainment of national ambient 
air quality standard for PM2.5 promulgated by 
the Administrator under that Act. 
(2) AGRICULTURAL SOURCES.—The nominated 
area has— 
(A) emissions of oxides of nitrogen from 
farm equipment of at least 30 tons per day in 
calendar year 2010; or 
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(B) emissions of volatile organic com-
pounds from farming operations of at least 40 
tons per day in calendar year 2010. 
(3) 
AIR
QUALITY-RELATED
HEALTH
EF-
FECTS.—As of the date of nomination, the nomi-
nated area meets or exceeds the national average per 
capita incidence of asthma. 
(4) ECONOMIC IMPACT.—As of the date of nom-
ination, the nominated area experiences unemploy-
ment rates higher than the national average. 
(5) STATE MATCHING FUNDS.—The nominated 
area is located within a State and local area that 
will match at least 1⁄2 of the funds provided by the 
Federal Government under this Act. 
SEC. 7. ELIGIBLE GRANT APPLICANTS. 
Any air pollution control district or other local gov-
ernmental entity authorized to regulate air quality in a 
State under the Clean Air Act may apply for a grant 
under this Act. 
SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWER-
MENT GRANTS. 
(a) ELIGIBILITY.— 
(1) IN GENERAL.—Each area designated as an 
air and health quality empowerment zone under sec-
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tion 5(a) shall be eligible to receive 1 or more grants 
under this section. 
(2) AMOUNT OF GRANTS.—The amount of each 
grant awarded to a designated air and health quality 
empowerment zone shall be determined by the Ad-
ministrator based upon a review of— 
(A) the information contained in the appli-
cations required by section 5(d); and 
(B) the needs set forth in the applications 
by those designated as beneficiaries. 
(3) TIMING OF GRANTS.—With respect to each 
designated air and health quality empowerment 
zone, the Administrator shall make— 
(A) a grant under this section to each such 
zone on the date of designation of the zone 
under section 5(a); and 
(B) the grant under this section to each 
such zone available on the first day of the first 
fiscal year that begins after the date of designa-
tion of the zone. 
(4) OVERSIGHT OF GRANTS.—The air pollution 
control district or other local government entity au-
thorized to regulate air quality in an area designated 
as an air and health safety empowerment zone under 
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section 5(a) shall oversee the use of any grant funds 
provided to the zone under this section. 
(b) USE OF GRANTS.—Each air and health safety 
empowerment zone that receives a grant under this section 
shall use the grant solely— 
(1) to carry out activities that achieve the pur-
poses described in section 2; 
(2) in accordance with the strategic plan for the 
zone; and 
(3) for activities that benefit the residents of 
the zone for which the grant is made through im-
proved air quality and health. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator to pro-
vide grants under this section $20,000,000 for each of fis-
cal years 2011 through 2015. 
Æ 
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