[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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