[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 733 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 733

    To amend the Clean Air Act to expand the coverage of the single 
  transport region established to control interstate pollution and to 
 apply control measures throughout the region, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 1997

  Mr. D'Amato introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To amend the Clean Air Act to expand the coverage of the single 
  transport region established to control interstate pollution and to 
 apply control measures throughout the region, 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 ``Acid Deposition and Ozone Control 
Act of 1997''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1)(A) reducing atmospheric nitrogen oxide will reduce 
        acidic deposition, and the serious adverse effects of acidic 
        deposition on public health, natural resources, building 
        structures, and ecosystems; and
            (B) acidic deposition has been demonstrated to result in 
        increased morbidity in fish and severe damage to water bodies 
        and forest lands;
            (2)(A) reducing atmospheric nitrogen oxide will provide 
        further benefits by decreasing ambient levels of tropospheric 
        ozone, fine particulate matter, and regional haze associated 
        with poor visibility; and
            (B) such conditions have been demonstrated to result in 
        severe threats to public health, including lung irritation, 
        increased incidence of asthma and bronchitis, and increased 
        human morbidity;
            (3)(A) nitrogen deposition into affected watersheds can 
        result in excessive nutrient enrichment leading to algal blooms 
        and increased biological oxygen demand; and
            (B) such conditions can lead to increased morbidity in 
        marine life and severe degradation of economic and recreational 
        opportunities;
            (4) additional reductions in sulfur dioxide beyond levels 
        currently required by the Clean Air Act (42 U.S.C. 7401 et 
        seq.) will result in decreases in acidic deposition, regional 
        haze, and ambient levels of fine particulates;
            (5) the allowance trading program established in the Clean 
        Air Act for the reduction of emissions of sulfur dioxide has 
        been highly effective at creating cost-effective control 
        measures;
            (6) the technology exists to inexpensively reduce sulfur 
        dioxide emissions beyond the levels currently required by the 
        Clean Air Act;
            (7) the ozone transport region established by the Clean Air 
        Act to reduce long-range transport of ozone does not currently 
        include all the States necessary to achieve the intended 
        reduction; and
            (8) this Act shall support the Environmental Protection 
        Agency's stated objective of controlling ground level ozone 
        through regional controls, as developed by the Ozone Transport 
        Assessment Group and referred to in the January 10, 1997, 
        advanced notice of proposed rulemaking for State implementation 
        plans under section 110(k)(5) of the Clean Air Act (42 U.S.C. 
        7410(k)(5)).
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize the scientific evidence that emissions of 
        nitrogen oxide present a substantial threat to public health 
        and the environment;
            (2) to require reductions in the emission of nitrogen 
        oxide;
            (3) to recognize that the means exist to cost-effectively 
        reduce emissions of sulfur dioxide beyond the levels currently 
        required by the Clean Air Act;
            (4) to require reductions in the emission of sulfur 
        dioxide;
            (5) to recognize that tropospheric ozone is a regional 
        problem;
            (6) to recognize that the single ozone transport region 
        created by the Clean Air Act does not currently include all the 
        States necessary to adequately address the problem of ozone; 
        and
            (7) to amend the Clean Air Act to expand the membership in 
        the ozone transport region by using the best currently 
        available science to include those States that contribute to 
        ozone levels in noncompliance areas within the current single 
        ozone transport region.

SEC. 3. CONTROL OF INTERSTATE OZONE AIR POLLUTION.

    (a) Additional States.--Section 184(a) of the Clean Air Act (42 
U.S.C. 7511c(a)) is amended after the first sentence by inserting the 
following: ``The Administrator, using the best available science and 
models developed by the Ozone Transport Assessment Group, shall add any 
State to the single ozone transport region that contributed 4 parts per 
billion or more to ozone via aerial transport to the ozone level of any 
noncompliant area in the single ozone transport region for any 1 of the 
second through tenth worst ozone days that occurred during the previous 
10 years.''.
    (b) Control Measures.--Not later than 18 months after the date of 
enactment of this Act, any control measure adopted under section 184(a) 
of the Clean Air Act (42 U.S.C. 7511c(a)) before the date of enactment 
of this Act shall apply to any State added to the single ozone 
transport region under the second sentence of section 184(a) of the 
Clean Air Act (42 U.S.C. 7511c(a)) after the date of enactment of this 
Act.

SEC. 4. ADDITIONAL NITROGEN OXIDE EMISSIONS REDUCTIONS.

    Section 184 of the Clean Air Act (42 U.S.C. 7511c) is amended by 
adding at the end the following:
    ``(e) Additional Emissions Reductions.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this subsection, the Administrator shall 
        promulgate regulations requiring reductions in the emissions of 
        nitrogen oxide and sulfur dioxide in any State added to the 
        single ozone transport region under the second sentence of 
        subsection (a) to \1/3\ of the 1990 levels by the year 2003.
            ``(2) Affected units.--The regulations shall apply to 
        affected units, as defined under section 402.
            ``(3) Allowance program.--The Administrator may establish 
        an allowance trading program to carry out this subsection.
            ``(4) Effect on other law.--This subsection shall not 
        affect any law (including regulations) that requires a greater 
        reduction in emissions of nitrogen oxide or sulfur dioxide than 
        is required by this subsection.''.
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