[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3505 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3505

  To amend the Clean Air Act to provide for the implementation of the 
revised ozone and particulate matter standards, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 1998

  Mr. Dooley of California (for himself and Mr. Boyd) introduced the 
    following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Clean Air Act to provide for the implementation of the 
revised ozone and particulate matter standards, 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 ``Revised Ozone and Particulate Matter 
Standards Implementation Act of 1998''.

SEC. 2. IMPLEMENTATION OF 1997 REVISED OZONE AND PARTICULATE MATTER 
              STANDARDS.

    The Clean Air Act is amended by adding the following new subpart at 
the end of part D of title I:

   ``Subpart 7--Implementation of 1997 Revised Ozone and Particulate 
                            Matter Standards

``SEC. 194. FINDINGS AND GOALS.

    ``(a) Findings.--The Congress finds that--
            ``(1) The Nation's air quality has been improving since 
        1970 for all criteria air pollutants except nitrogen oxides, a 
        key ingredient of smog.
            ``(2) On July 18, 1997, the Administrator promulgated 
        revised national ambient air quality standards for particulate 
        matter and ground level ozone to provide further public health 
        benefits from reduced pollution. Concurrent with the 
        promulgation of the new standards, the Administration published 
        a plan for implementation of those new standards, along with a 
        message from the President endorsing that plan.
            ``(3) Under current law, many areas may not achieve the 
        revised standards for as long as 20 years, and some areas may 
        take even longer.
            ``(4) Without changes in current law, implementation of the 
        revised standards may result in unnecessary costs and delays.
            ``(5) Control of pollutants transported across 
        jurisdictional lines has not been adequately addressed under 
        current law.
    ``(b) Goals.--The Congress concurs with the following goals of the 
plan developed by the Administrator to implement the national ambient 
air quality stands for ozone and particulate matter promulgated on July 
18, 1997:
            ``(1) Attain the standards and protect public health 
        without sacrificing economic growth.
            ``(2) Maintain the progress currently being made toward 
        cleaner air and respect the agreements and technological 
        progress already made by communities and businesses to pursue 
        clean air.
            ``(3) Reward State and local governments and businesses 
        that take early action to reduce air pollution levels through 
        cost-effective approaches.
            ``(4) Respond to the fact that pollution can travel 
        hundreds of miles and cross many State lines.
            ``(5) Work with the States to develop control programs 
        which employ regulatory flexibility to minimize economic 
        impacts on businesses large and small to the greatest possible 
        degree consistent with public health protection.
            ``(6) Minimize planning and regulatory burdens for State 
        and local governments and businesses where air quality problems 
        are regional, not local, in nature.
            ``(7) Ensure that air quality planning and related Federal, 
        State, and local planning are coordinated.
            ``(8) Recognize the substantial lead time necessary for 
        State and local governments and businesses to plan for and meet 
        standards for a new indicator of PM.

``SEC. 194A. DEFINITIONS.

    ``For purposes of this subpart:
            ``(1) The term `cap and trade' means a program that sets an 
        overall regional limitation on pollutant emissions, and then 
        allows sources to trade emissions credits to achieve required 
        reductions.
            ``(2) The terms `1-hour standard' and `1-hour ozone 
        standard' mean the national primary ambient air quality 
        standard for ozone existing prior to the revision of such 
        standard on July 18, 1997.
            ``(3) The terms `8-hour standard' and `8-hour ozone 
        standard' mean the national primary and secondary ambient air 
        quality standard for ozone as revised on July 18, 1997.
            ``(4) The term `existing PM-10 NAAQS' means the national 
        primary ambient air quality standard for PM-10 existing prior 
        to the revision of such standard on July 18, 1997.
            ``(5) The term `new particulate matter standards' means the 
        national primary and secondary ambient air quality standards 
        for PM-2.5 as promulgated on July 18, 1997.

``SEC. 194B. IMPLEMENTATION OF NEW AND REVISED OZONE AND PARTICULATE 
              STANDARDS.

    ``Except as specified in this subpart, all applicable requirements 
of this Act regarding the implementation of a revised national ambient 
air quality standard shall apply to the 8-hour ozone standard and to 
the revised particulate standard.

``SEC. 194C. IMPLEMENTATION OF OZONE STANDARD.

    ``(a) Phase-Out of 1-Hour Standard.--(1) Upon a determination by 
the Administrator that an area has attained air quality that meets the 
1-hour ozone standard, the provisions of subpart 2 of part D of title I 
of this Act shall cease to apply to that area. Within 90 days after the 
enactment of this subpart, the Administrator shall publish a notice 
identifying the areas that have attained the 1-hour ozone standard and 
to which such standard will cease to apply.
    ``(2) Notwithstanding section 175A, no State shall be required to 
prepare a maintenance plan for an area that has attained the 1-hour 
standard for ozone.
    ``(3) For each ozone nonattainment area where the air quality does 
not, as of the date of the publication referred to in paragraph (1), 
meet the 1-hour ozone standard, such 1-hour standard and the provisions 
of subpart 2 shall continue to apply until the Administrator makes the 
determination referred to in paragraph (1).
    ``(b) Implementation of New 8-Hour Ozone Standard.--
            ``(1) Regional no<INF>X</INF> strategy.--Not later than 6 
        months after the date of enactment of this subpart the 
        Administrator shall promulgate a rule authorizing States to 
        establish cap and trade programs to control regional transport 
        of oxides of nitrogen (`NO<INF>X</INF>'). The Administrator 
        shall allow a State or States that establish such a program by 
        December 31, 1999, to extend the length of permits granted 
        under section 502(b)(5)(B) by up to two years.
            ``(2) Transitional classification.--
                    ``(A) Authorization.--The Administrator shall 
                provide for a special transitional classification under 
                section 172(a)(1) for areas that meet the eligibility 
                requirements of subparagraph (B).
                    ``(B) Eligibility.--Using ozone monitoring data 
                from calendar years 1995, 1996, and 1997, or later 
                years, the Administrator, under the authority of 
                section 107(d), shall make the transitional 
                classification available to States for the following 
                areas:
                            ``(i) Any area attaining the 1-hour 
                        standard by december 31, 1999, but not 
                        attaining the 8-hour standard by that date and 
                        for which a regional transport strategy 
                        described in paragraph (1) is sufficient for 
                        attainment of the 8-hour standard.--If, by 
                        December 31, 1999, the State submits an 
                        implementation plan that includes control 
                        measures to achieve the emission reductions 
                        required by the rules under paragraph (1) 
                        regarding a regional NO<INF>X</INF> strategy.
                            ``(ii) Any area attaining the 1-hour 
                        standard by december 31, 1999, but not 
                        attaining the 8-hour standard by that date and 
                        for which a regional transport strategy 
                        described in paragraph (1) is not sufficient 
                        for attainment of the 8-hour standard.--If, by 
                        December 31, 1999, the State submits an 
                        implementation plan that provides for emissions 
                        reductions necessary to attain the 8-hour 
                        standard by the applicable statutory deadline. 
                        In the case of areas participating in, or 
                        directly affected by, a regional strategy 
                        pursuant to paragraph (1), such State 
                        implementation plan shall provide that the 
                        additional emission reductions shall occur on 
                        the same time schedule as applicable regional 
                        transport reductions.
                    ``(C) Areas not eligible for transitional 
                classification.--(i) An area not required, as of the 
                date of the enactment of this subpart, to achieve the 
                1-hour standard until after the year 2000 shall not be 
                eligible for transitional status. For such an area, no 
                additional local control measures (beyond those needed 
                to meet the requirements of subpart 2 or needed to 
                implement any applicable regional transport strategy 
                under paragraph (1)) shall be required to be 
                implemented prior to the applicable attainment date for 
                the 1-hour standard if, within 3 years of designation 
                as a nonattainment area for the 8-hour standard, the 
                State submits an implementation plan for achieving the 
                8-hour standard in such area by the attainment date for 
                such 8-hour standard. Such a plan may rely 
                substantially on measures needed to attain the 1-hour 
                standard. Except as provided in clause (ii), 
                nonattainment areas that do not attain the 1-hour 
                standard by their attainment date shall continue to 
                comply with the requirements of subpart 2 until such 
                standard is attained.
                    ``(ii) At any time after December 31, 2000, upon 
                petition from the Governor of any State containing an 
                area referred to in clause (i), the Administrator shall 
                allow that area to be subject to the 8-hour ozone 
                standard in lieu of the 1-hour standard.
                    ``(D) Benefit of designation.--The Administrator 
                may, on a case by case basis, exempt areas classified 
                as `transitional' from one or more specific 
                requirements of part D relating to ozone, as the 
                Administrator deems appropriate and consistent with the 
                goal of meeting statutory deadlines for achieving the 
                national primary ambient air quality standard for 
                ozone. No such exemption may be granted unless the 
                Administrator and the State agree on a means to measure 
                (by means of benchmarks, schedules, and other means) 
                whether sufficient progress is being made toward such 
                goal. The Administrator shall require sufficient 
                reporting to demonstrate that the terms of such 
                agreement with the State are being complied with, and 
                if the Administrator determines that such terms are not 
                being complied with, the Administrator shall remove 
                such exemption.

``SEC. 194D. IMPLEMENTATION OF NEW PARTICULATE MATTER STANDARDS.

    ``(a) Implementation of Revised PM-10 NAAQS.--(1) For each area 
that has not attained the existing PM-10 NAAQS as of July 18, 1997, the 
existing PM-10 NAAQS shall remain in effect and the new particulate 
matter standards shall not apply until the Administrator has completed 
a rulemaking for the existing PM-10 NAAQS under section 172(e) 
(relating to backsliding). The Administrator shall issue the final rule 
for such purposes no later than December 31, 1998.
    ``(2) For an area that has attained the existing PM-10 NAAQS, the 
existing PM-10 NAAQS and any applicable State implementation plan 
(including a maintenance plan) for the PM-10 NAAQS shall remain in 
effect until the State submits under section 110, and the Administrator 
approves, an implementation plan for the attainment and maintenance of 
the new particulate matter standards. Upon approval of such 
implementation plan, the existing PM-10 NAAQS and the State plan 
implementing the existing PM-10 NAAQS shall cease to apply to such 
area.
    ``(b) Implementation of New PM-2.5 NAAQS.--
            ``(1) Monitoring.--(A) The Administrator shall consult with 
        the National Academy of Sciences, States, and affected 
        stakeholders to design and establish a comprehensive monitoring 
        network to determine ambient fine particle concentrations 
        across the country.
            ``(B) The monitoring network shall be designed to collect 
        data at a sufficient level of detail so as to help determine, 
        at a minimum, the following: which areas do not meet the new 
        air quality standards, the major sources and constituents of 
        PM-2.5 in various regions, and potential cost-effective means 
        of achieving the new particulate matter standards. All monitors 
        must provide, at a minimum, for limited speciation, or analysis 
        of the chemical composition, of the particles measured. 
        Immediately upon enactment of this Act, the Administrator shall 
        request the National Academy of Sciences to make a 
        recommendation, as soon as possible, as to what proportion of 
        the monitors should provide for a more comprehensive speciation 
        of the particles.
            ``(2) Expedited deployment of a network.--(A) The 
        Administrator shall work cooperatively with the States, local 
        governments, tribes, and other parties to deploy a nationally 
        consistent monitoring network to measure and analyze PM-2.5.
            ``(B) The Administrator shall fund 100 percent of the costs 
        for the purchase and installation of such monitors, but any 
        State may expedite deployment of monitors in their state by 
        advancing funding for such purposes.
            ``(C) The Administrator shall coordinate the analysis of 
        particles collected at the monitors to determine their chemical 
        composition.
            ``(3) Incentives for expedited deployment.--(A) States that 
        contribute substantially to the deployment of monitors in 
        accordance with paragraph (2)(B) shall not be required to 
        implement the standards for PM-2.5 earlier than would have been 
        required in the absence of any contribution toward early 
        deployment of the monitoring network.
            ``(B) The Administrator shall permit States which complete 
        deployment of the monitoring system by June 30, 1999, to extend 
        the length of permits granted under section 502(b)(5)(B) by up 
        to one year in addition to any extension allowable under any 
        other authority of law.
    ``(c) External Review of Standard.--(1) Immediately following the 
enactment of this Act, the Administrator shall request the National 
Academy of Sciences (NAS) to commence a review of the new PM-2.5 
standard and to recommend, as soon as possible, a research plan 
designed to both reduce scientific uncertainties regarding the 
appropriateness of the PM-2.5 standard and to help identify the most 
cost-effective means of achieving it.
    ``(2) The Administrator shall request the National Academy of 
Sciences to recommend to the Administrator, by June 30, 2002, whether 
or not it is appropriate to revise the PM-2.5 standard under this Act.
    ``(3) Following the receipt of the NAS recommendation, but not 
later than June 30, 2003, the Administrator shall make a determination 
under section 109(b) as to whether it is appropriate to revise the PM-
2.5 standard or retain the standard as promulgated on July 18, 1997. 
The Administrator shall make such determination prior to designating 
any area as a nonattainment area for PM-2.5.
    ``(d) Implementation Schedule.--
            ``(1) Unclassifiable designation.--Not later than June 30, 
        1999, the Administrator shall designate all areas of the 
        country as unclassifiable for PM-2.5. These designations shall 
        not trigger the planning or control requirements of part D of 
        title I of the Act.
            ``(2) Governor's designation of non-attainment areas based 
        on at least 3 years of monitoring data.--Notwithstanding the 
        deadline set forth in section 107(d)(1)(A), for PM-2.5, the 
        Governor of each State shall submit to the Administrator the 
        list referred to in section 107(d)(1)(A) not later than 6 
        months after the Administrator makes the determination referred 
        to in subsection (c)(3).
            ``(3) Administrator's designation of non-attainment 
        areas.--Notwithstanding the deadline set forth in section 
        107(d)(1)(B), for PM-2.5, the Administrator shall promulgate 
        the designation of all areas (or portions thereof) under 
        section 107(d)(1)(B) not later than 18 months after the 
        Administrator makes the determination referred to in subsection 
        (c)(3).
            ``(4) State implementation plans due.--Each State in which 
        the Administrator has designated a PM-2.5 nonattainment area 
        shall submit an implementation plan or plan revision meeting 
        the requirements of subpart 1 and section 110 for the 
        attainment of the PM-2.5 standard in such area. Notwithstanding 
        the deadline set forth in section 110(a)(1), such plan shall be 
        submitted in accordance with the deadlines specified in section 
        172(b) unless extended in accordance with section 110(b).''.

SEC. 3. GENERAL NONATTAINMENT PROVISIONS.

    (a) Early NAAQS Compliance Benefits.--Section 172 of the Clean Air 
Act is amended by adding the following at the end thereof:
    ``(f) Early NAAQS Compliance Benefits.--The Administrator shall 
promulgate such rules as may be necessary to permit State 
implementation plans for nonattainment areas to reward sources of any 
air pollutant for which a national ambient air quality standard is in 
effect to be rewarded if the source--
            ``(1) makes significant reductions (as determined by the 
        Administrator) in emissions of such air pollutant below the 
        benchmarks set by existing State implementation plans; and
            ``(2) demonstrates and publicly reports consistent 
        achievement of said emission reductions.
The Administrator and the State may establish by regulation such 
rewards for such superior environmental performance as they deem 
acceptable, including such incentives as a longer permit term, third 
party auditing privileges, and streamlined reporting, notwithstanding 
any other requirement of this Act, if the Administrator finds, and then 
subsequently demonstrates over time, that the net effect of the 
combination of the superior environmental performance and any reward 
offered therefor results in a significant reduction in risk to human 
health and the environment relative to that posed by emission levels 
otherwise allowable under this Act.
    ``(g) Air Quality Investment Program.--The Administrator shall 
encourage States to design market-based strategies for attaining 
national ambient air quality standards that focus on obtaining low cost 
reductions for all sources, including such approaches as a Clean Air 
Investment Fund that would allow sources facing control costs per ton 
of pollutant higher than a prescribed upper bound to pay a set annual 
amount per ton, to be determined by the Administrator, to fund cost-
effective emissions reductions from nontraditional and small sources.
    ``(h) New Source Review and Conformity Rule Revisions.--(1) The 
Administrator shall revise the rules under section 172(c)(5) (relating 
to new source review) and the rules relating to conformity so that 
States may comply with such rules with only minor revisions to their 
applicable implementation plans in areas designated as transitional for 
ozone under section 194C(b)(3).
    ``(2) The Administrator shall also reexamine the requirements 
applicable to nonattainment areas under section 172(c)(5), and shall 
make reasonable efforts (including any necessary modification of 
applicable rules) to ensure fairness between ozone nonattainment areas 
and transitional areas and between areas from which any air pollutant 
for which a national ambient air quality standard is in effect, or 
precursor thereof, is transported and the areas to which that air 
pollutant, or precursor, is transported, including combinations of such 
areas that lie within a single State.

SEC. 4. RESEARCH.

    (a) Particulate Matter.--(1) The Administrator of the Environmental 
Protection Agency, in partnership with other Federal agencies, shall 
develop an expanded coordinated interagency particulate matter research 
program. In doing so, the Administrator shall give significant 
consideration to the recommendations of the National Academy of 
Sciences.
    (2) The research program shall contribute to expanding the science 
associated with particulate matter health effects and shall develop 
improved monitoring methods and cost-effective mitigation strategies.
    (3) The research program shall place significant emphasis on 
coordinating research on health effects, biological mechanism causing 
effects, monitoring, source-receptor relationships, speciation of PM, 
identification of sources, control technologies and regional transport 
for particulate matter with corresponding research on ozone and other 
related pollutants including regional haze.
    (4) To assist State and local efforts in completing planning 
requirements and reducing particulate matter air pollution, the 
Administrator of the Environmental Protection Agency shall work 
cooperatively with the Department of Agriculture, Department of 
Defense, Department of Energy, Department of Transportation, and other 
affected Federal agencies to refine existing, limited analytical models 
for PM-10 and to develop new reliable predictive models for PM-2.5.
    (b) Tropospheric Ozone.--(1) The Administrator shall enter into 
arrangements with the National Academy of Sciences under which the 
National Academy will immediately undertake a thorough review of its 
1991 report Rethinking the Ozone Problem in Urban and Regional Air 
Pollution and report to Congress no later than January 30, 1999, on the 
recommendations that continue to be relevant to the Nation's approach 
to reducing tropospheric ozone. The report shall also establish 
priorities for agency and state response to recommendations.
    (2) The Administrator of the Environmental Protection Agency shall 
continue to participate in the inter-governmental public/private 
partnership called the North American Research Strategy for 
Tropospheric Ozone (NARSTO) that involves a coordinated effort to 
identify and address key issues in the emissions, transport, and 
mitigation of photochemical pollutants.
    (3) The Administrator of the Environmental Protection Agency shall 
work in partnership with other Federal agencies to address research 
needs on ozone health and ecological effects. Significant emphasis 
shall be placed on coordinating both health effects, monitoring, 
source-receptor, and control technologies for ozone with corresponding 
research on particulate matter and other related pollutants subject to 
significant regional transport.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act.
                                 <all>