[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4774 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4774

To amend the Clean Air Act to delay the effect of reclassifying certain 
nonattainment areas adjacent to an international border, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 7, 2004

  Mr. Filner introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Clean Air Act to delay the effect of reclassifying certain 
nonattainment areas adjacent to an international border, 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 ``FAIR (Foreign Air Impact Regulation) 
AIR Act of 2004''.

SEC. 2. DELAY OF EFFECTIVE DATE OF RECLASSIFICATION OF NONATTAINMENT 
              AREAS.

    (a) Amendment.--Section 179B of the Clean Air Act (42 U.S.C. 7509a) 
is amended by adding at the end the following:
    ``(e) Delay of Effective Date of Reclassification.--
            ``(1) Application.--This paragraph applies to a 
        nonattainment area if--
                    ``(A) the area is adjacent to a foreign country; 
                and
                    ``(B) the State in which the area is located, in 
                consultation with the regional air quality authority 
                involved, submits to the Administrator a claim that the 
                area would have attained the national ambient air 
                quality standard for the air pollutant involved by the 
                applicable attainment date, but for emissions emanating 
                from outside of the United States.
            ``(2) Delay of effective date.--The reclassification of an 
        area described in subparagraph (A) to a higher classification 
        of nonattainment shall not take effect unless the Administrator 
        finds that each of the following is satisfied:
                    ``(A) The Secretary of State shall--
                            ``(i) enter into negotiations with the 
                        appropriate officials of the foreign country 
                        involved, in consultation with local leaders in 
                        the nonattainment area, air quality monitoring 
                        organizations, and other appropriate public and 
                        private entities, to develop a plan for 
                        improving the air quality of the international 
                        area encompassing the nonattainment area; and
                            ``(ii) submit the plan developed under 
                        clause (i) to the Congress.
                    ``(B) The Administrator, taking into consideration 
                the plan developed under clause (i), shall take such 
                actions as may be appropriate, including the provision 
                of assistance to local and international air quality 
                groups, to improve the air quality of the nonattainment 
                area.''.
    (b) Applicability.--The amendment made by this Act applies to the 
reclassification of a nonattainment area without respect to whether 
such reclassification occurs before the date of the enactment of this 
Act.
                                 <all>