< Back to H.R. 3362 (107th Congress, 2001–2002)

Text of the Transported Air Pollution Mitigation Act of 2001

This bill was introduced on November 28, 2001, in a previous session of Congress, but was not enacted. The text of the bill below is as of Nov 28, 2001 (Introduced).

Source: GPO

HR 3362 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.’.