[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3362 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3362

  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

                           November 28, 2001

   Mr. Condit (for himself, Mr. Matsui, Mr. Doolittle, Mr. Dooley of 
California, Mr. Filner, Mr. Peterson of Minnesota, and Mr. Radanovich) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and 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 2001''.

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 ozone or 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 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).''.

SEC. 3. SIP REQUIREMENTS FOR STATES UPWIND OF OZONE NONATTAINMENT 
              AREAS.

    (a) SIP Revisions for All Areas.--Section 126 of the Clean Air Act 
is amended by inserting the following new subsection after subsection 
(c):
    ``(d) States Upwind of Ozone Nonattainment Areas.--For each State 
(hereinafter in this subsection referred to as an `upwind State') 
which, as determined by the Administrator, causes or significantly 
contributes to a violation of the national ambient air quality standard 
for ozone in an area in one or more other States (hereinafter in this 
paragraph referred to as a `downwind area'), the State shall submit, 
within 1 year of such determination, a revision of the applicable 
implementation plan provisions adopted under section 110(a)(2)(D)(ii) 
that contains either or both the following:
            ``(1) Provisions under which the upwind State will require 
        reductions in emissions of ozone or its precursors by an amount 
        determined by the Administrator to be necessary to mitigate 
        impacts commensurate with the level of contribution caused by 
        sources in the upwind State to ozone concentrations in the 
        downwind area.
            ``(2) Provisions under which the upwind State will make 
        payments to the State or States in which all or part of the 
        downwind area is located or to an air quality district 
        designated by the Administrator to compensate such State or 
        States in such amounts as the Administrator 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 State.''.
    (b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph 
(4) of section 182(b) of the Clean Air Act is amended by adding the 
following at the end thereof:
            ``(C) For each moderate area which the Administrator 
        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 Administrator under section 
        126(d)), 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).''.

SEC. 4. MAINTENANCE PLANS.

    (a) Requirements for Maintenance Plans.--(1) Subsection (a) of 
section 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 2001, 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) and (4) of section 
182(c) and the regulations of the Administrator adopted pursuant to 
such paragraphs 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)) or if the 
Administrator 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 State (as 
identified by the Administrator under section 126(d)).''.
    (b) Transport Mitigation.--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)) and any upwind State (as identified by the 
Administrator under section 126(d)) 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) or section 126(d)) 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 such downwind 
areas. There shall be no relaxation or rescission of any control 
measure or rule in the upwind area or unwind State as long as sources 
in such upwind area or State cause or contribute to a violation of the 
national ambient air quality standard for ozone in any such downwind 
area.''.
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