I
105TH CONGRESS
2D SESSION
H. R. 4136
To establish provisions regarding a proposed rulemaking under the Clean
Air Act with respect to the transport, in the eastern portion of the
United States, of ozone pollution and oxides of nitrogen and to amend
the Clean Air Act to provide a 2-year period prior to the statutory
reclassification of areas that fail to attain the national ambient air
quality standard for ozone.
IN THE HOUSE OF REPRESENTATIVES
JUNE 24, 1998
Mr. WISE (for himself, Mr. NEY, Mr. OXLEY, Mr. RAHALL, Mr. MOLLOHAN,
Mr. GOODE, Mr. BOUCHER, Mr. BAESLER, Mr. SPRATT, Mr. PICKETT,
Mr. BOEHNER, Mr. BACHUS, and Mr. WHITFIELD) introduced the follow-
ing bill; which was referred to the Committee on Commerce
A BILL
To establish provisions regarding a proposed rulemaking
under the Clean Air Act with respect to the transport,
in the eastern portion of the United States, of ozone
pollution and oxides of nitrogen and to amend the Clean
Air Act to provide a 2-year period prior to the statutory
reclassification of areas that fail to attain the national
ambient air quality standard for ozone.
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 ‘‘Clean Air Common
Sense Act’’.
SEC. 2. PROVISIONS REGARDING PROPOSED RULE UNDER
CLEAR AIR ACT WITH RESPECT TO TRANS-
PORT OF OZONE POLLUTION AND OXIDES OF
NITROGEN.
(a) DELAY IN PROMULGATION OF FINAL RULE; EF-
FECTIVE DATE OF FINAL RULE.—With respect to au-
thorities of the Administrator of the Environmental Pro-
tection Agency to establish a requirement that States sub-
mit measures in State implementation plans under the
Clean Air Act to ensure that emission reductions are
achieved as needed to mitigate transport of ozone pollu-
tion, and emissions of oxides of nitrogen, across the
boundaries of States included in the Ozone Transport As-
sessment Group Region (relating to the eastern portion
of the United States), the following applies notwithstand-
ing any other provision of law:
(1) The Administrator may not promulgate a
final rule to establish such a requirement before the
date specified in paragraph (4), and any such final
rule may not become effective before the date speci-
fied in paragraph (5).
(2) During the one-year period beginning on
the date of the enactment of this Act, the Adminis-
trator shall collect any data that in such period the
States in such region develop through air quality
monitoring and modeling conducted with respect to
oxides of nitrogen and any other pollutant to be reg-
ulated for purposes of the rulemaking proposed on
November 7, 1997, regarding such a requirement
(62 FR 60318).
(3) After the expiration of such period, the Ad-
ministrator shall make the data collected under
paragraph (2) available to the public and shall pub-
lish in the Federal Register a notice that the data
are available, or as applicable, shall so publish a no-
tice that none of the States developed such data.
(4) The date described in this paragraph re-
garding the promulgation of the final rule referred
to in paragraph (1) is the expiration of the one-year
period beginning on the date on which the Adminis-
trator publishes the notice under paragraph (3).
(5) The date described in this paragraph re-
garding the effective date of such final rule is the
later of May 1, 2005, or the expiration of the five-
year period beginning on the date on which such
final rule is promulgated.
(b) PETITIONS REGARDING INTERSTATE POLLUTION
ABATEMENT.—
(1) IN
GENERAL.—With respect to petitions
submitted to the Administrator of the Environ-
mental Protection Agency under section 126(b) of
the Clean Air Act, the Administrator may not make
any finding pursuant to a petition described in para-
graph (2), or deny any such petition, before the ex-
piration of the 180-day period beginning on the date
of the promulgation of the final rule referred to in
subsection (a)(1).
(2) RELEVANT
PETITIONS.—For purposes of
paragraph (1), a petition described in this paragraph
is any petition under section 126(b) of the Clean Air
Act that—
(A) is submitted with respect to a State in-
cluded in the region specified in subsection (a);
(B) is submitted with respect to oxides of
nitrogen or any other pollutant to be regulated
for purposes of the proposed rulemaking speci-
fied in such subsection; and
(C) is pending as of the date of the enact-
ment of this Act or is submitted after such
date.
SEC. 2. RECLASSIFICATION UPON FAILURE TO ATTAIN
OZONE STANDARD.
Section 181(b)(2) of the Clean Air Act (42 U.S.C.
7511(a)(2)) is amended by striking ‘‘6 months’’ and in-
serting ‘‘2 years’’.
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