[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1911 Introduced in House (IH)]







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. 
Doolittle, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transported Air Pollution 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 referred to as 
an `upwind area') in a State which, as determined 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 revision 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 
        pollution 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 Nonattainment 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 standards 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 
        revision to the applicable implementation plan that includes 
        all provisions necessary to provide for an enhanced 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 section 107(d) is 
        submitted
to include measures to provide for an enhanced vehicle inspection and 
maintenance program as described in paragraph (3) of section 182(c) and 
the regulations of the Administrator 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 national ambient air 
quality standard for ozone in any downwind 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 contained 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 relaxation 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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