[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4136 Introduced in House (IH)]







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 following 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 Representatives 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 TRANSPORT OF OZONE POLLUTION AND OXIDES OF 
              NITROGEN.

    (a) Delay in Promulgation of Final Rule; Effective Date of Final 
Rule.--With respect to authorities of the Administrator of the 
Environmental Protection Agency to establish a requirement that States 
submit measures in State implementation plans under the Clean Air Act 
to ensure that emission reductions are achieved as needed to mitigate 
transport of ozone pollution, and emissions of oxides of nitrogen, 
across the boundaries of States included in the Ozone Transport 
Assessment Group Region (relating to the eastern portion of the United 
States), the following applies notwithstanding 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 specified in paragraph (5).
            (2) During the one-year period beginning on the date of the 
        enactment of this Act, the Administrator 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 regulated 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 Administrator 
        shall make the data collected under paragraph (2) available to 
        the public and shall publish in the Federal Register a notice 
        that the data are available, or as applicable, shall so publish 
        a notice that none of the States developed such data.
            (4) The date described in this paragraph regarding 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 Administrator publishes the notice under paragraph 
        (3).
            (5) The date described in this paragraph regarding 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 Environmental Protection Agency under 
        section 126(b) of the Clean Air Act, the Administrator may not 
        make any finding pursuant to a petition described in paragraph 
        (2), or deny any such petition, before the expiration 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 included 
                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 specified in such subsection; 
                and
                    (C) is pending as of the date of the enactment 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 inserting ``2 years''.
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