[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 130 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 130

   To amend the Clean Air Act to provide for the reclassification of 
         downwind nonattainment areas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

 Mr. Cunningham (for himself, Mr. Hunter, and Mr. Bilbray) introduced 
  the following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Clean Air Act to provide for the reclassification of 
         downwind nonattainment areas, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RECLASSIFICATION OF DOWNWIND NONATTAINMENT AREAS.

    (a) In General.--Section 181(a) of the Clean Air Act is amended by 
adding the following new paragraph at the end thereof:
    ``(6)(A) In the case of a downwind nonattainment area impacted by 
transport of ozone pollution from an upwind area, upon application by 
the State, the Administration shall--
            ``(i) reclassify the downwind nonattainment area to reflect 
        an adjusted ozone design value which excludes ozone 
        concentrations attributable to transport from an upwind area; 
        and
            ``(ii) redesignate the downwind nonattainment area as an 
        attainment area if the adjusted ozone design value (which 
        excludes concentrations attributable to transport from an 
        upwind area) for the most recent applicable period does not 
        exceed the national ambient air quality standard for ozone.
    ``(B) For purposes of this paragraph:
            ``(i) The term `downwind nonattainment area' means a 
        nonattainment area where the air entering the area at the 
        upwind boundary already contains ozone or ozone precursors.
            ``(ii) The term `concentration attributable to transport 
        from an upwind area' means the portion of an ozone 
        concentration in a downwind nonattainment area which is 
        demonstrated (to the satisfaction of the Administrator) to have 
        been caused by ozone or ozone precursor emissions from an 
        identified upwind area.
            ``(iii) The term `upwind area' shall mean an area emitting 
        ozone precursor emissions that are demonstrated (to the 
        satisfaction of the Administrator) to be the cause of ozone 
        concentrations measured at a monitoring site in a downwind 
        nonattainment area.''.
    (b) Implementation Plan Requirements.--Section 110(a)(2)(D)(i)(I) 
is amended by inserting ``or any other area within the State'' after 
``any other State''.
    (c) Effective Date.--Not later than 1 year after the date of the 
enactment of this Act, each State shall adopt and submit a revision of 
the applicable implementation plan under section 110 of the Clean Air 
Act to reflect the amendments made by this section.
                                 <all>