Revised Ozone and Particulate Matter Standards Implementation Act of 1998 - Amends the Clean Air Act to provide that all requirements of such Act regarding the implementation of a revised national ambient air quality standard (NAAQS) shall apply to the eight-hour ozone and revised particulate matter (PM) standards, except as specified in this Act. Defines the "eight-hour ozone standard" as the NAAQS (primary and secondary) for ozone as revised on July 18, 1997.
Makes existing additional provisions relating to ozone nonattainment areas inapplicable to areas that have attained air quality meeting the one-hour ozone standard. Defines the "one-hour ozone standard" as the NAAQS (primary) for ozone existing prior to July 18, 1997. Provides that States shall not be required to prepare maintenance plans for areas that have attained such standard.
Directs the Administrator of the Environmental Protection Agency to authorize States to establish cap and trade programs to control regional transport of oxides of nitrogen under which a regional limitation is set on pollutant emissions and sources are allowed to trade emissions credits to achieve required reductions. Authorizes States that establish such programs by December 31, 1999, to extend the term of air pollution control permits by up to two years.
Provides for a transitional classification for areas attaining the one-hour standard by December 31, 1999, but not attaining the eight-hour standard, subject to certain State implementation plan (SIP) submissions. Sets forth additional requirements for areas ineligible for transitional classification and allows such areas, after December 31, 2000, to petition to be subject to the eight-hour standard in lieu of the one-hour standard.
Authorizes the Administrator to exempt transitional areas from specific ozone requirements on a case by case basis.
Continues the application of the existing PM-10 NAAQS (primary) to areas that have not attained such standard as of July 18, 1997. Makes the new PM standards inapplicable until the Administrator completes a rulemaking for the existing standard relating to backsliding. Applies the new standards to States that submit approved SIPs for the attainment and maintenance of such standards.
Provides for the establishment of: (1) a comprehensive monitoring network to determine ambient fine particle concentrations across the country; and (2) a nationally consistent monitoring network to measure and analyze PM-2.5. Requires the Administrator to fund 100 percent of the costs of purchasing and installing monitors. Authorizes States which complete deployment by June 30, 1999, to extend the length of air pollution control permits by up to one year.
Requires the Administrator to request the National Academy of Sciences to: (1) review the new PM-2.5 standard, recommend research to reduce scientific uncertainties regarding the standard, and identify the most cost-effective means of achieving it; and (2) recommend, by June 30, 2002, whether to revise such standard.
Directs the Administrator, by June 30, 1999, to designate all areas of the country as unclassifiable for PM-2.5. Establishes additional deadlines for the designation of PM-2.5 nonattainment areas by State Governors and the Administrator and for the submission of SIPs.
(Sec. 3) Requires the Administrator to permit SIPs for nonattainment areas to reward sources of any air pollutant for which a national standard is in effect if such a source makes, and reports consistent achievement of, significant reductions in emissions of such pollutant below the benchmarks set by SIPs.
Encourages States to design market-based strategies for attaining standards that focus on obtaining low cost reductions for all sources.
Requires the Administrator to revise the rules relating to new source review and conformity so that States may comply with such rules with only minor revisions to SIPs for transitional ozone areas.
(Sec. 4) Directs the Administrator to carry out certain requirements with respect to research on PM and tropospheric ozone.
(Sec. 5) Authorizes appropriations.
[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3505 Introduced in House (IH)]
105th CONGRESS
2d Session
H. R. 3505
To amend the Clean Air Act to provide for the implementation of the
revised ozone and particulate matter standards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 1998
Mr. Dooley of California (for himself and Mr. Boyd) introduced the
following bill; which was referred to the Committee on Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to provide for the implementation of the
revised ozone and particulate matter standards, 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 ``Revised Ozone and Particulate Matter
Standards Implementation Act of 1998''.
SEC. 2. IMPLEMENTATION OF 1997 REVISED OZONE AND PARTICULATE MATTER
STANDARDS.
The Clean Air Act is amended by adding the following new subpart at
the end of part D of title I:
``Subpart 7--Implementation of 1997 Revised Ozone and Particulate
Matter Standards
``SEC. 194. FINDINGS AND GOALS.
``(a) Findings.--The Congress finds that--
``(1) The Nation's air quality has been improving since
1970 for all criteria air pollutants except nitrogen oxides, a
key ingredient of smog.
``(2) On July 18, 1997, the Administrator promulgated
revised national ambient air quality standards for particulate
matter and ground level ozone to provide further public health
benefits from reduced pollution. Concurrent with the
promulgation of the new standards, the Administration published
a plan for implementation of those new standards, along with a
message from the President endorsing that plan.
``(3) Under current law, many areas may not achieve the
revised standards for as long as 20 years, and some areas may
take even longer.
``(4) Without changes in current law, implementation of the
revised standards may result in unnecessary costs and delays.
``(5) Control of pollutants transported across
jurisdictional lines has not been adequately addressed under
current law.
``(b) Goals.--The Congress concurs with the following goals of the
plan developed by the Administrator to implement the national ambient
air quality stands for ozone and particulate matter promulgated on July
18, 1997:
``(1) Attain the standards and protect public health
without sacrificing economic growth.
``(2) Maintain the progress currently being made toward
cleaner air and respect the agreements and technological
progress already made by communities and businesses to pursue
clean air.
``(3) Reward State and local governments and businesses
that take early action to reduce air pollution levels through
cost-effective approaches.
``(4) Respond to the fact that pollution can travel
hundreds of miles and cross many State lines.
``(5) Work with the States to develop control programs
which employ regulatory flexibility to minimize economic
impacts on businesses large and small to the greatest possible
degree consistent with public health protection.
``(6) Minimize planning and regulatory burdens for State
and local governments and businesses where air quality problems
are regional, not local, in nature.
``(7) Ensure that air quality planning and related Federal,
State, and local planning are coordinated.
``(8) Recognize the substantial lead time necessary for
State and local governments and businesses to plan for and meet
standards for a new indicator of PM.
``SEC. 194A. DEFINITIONS.
``For purposes of this subpart:
``(1) The term `cap and trade' means a program that sets an
overall regional limitation on pollutant emissions, and then
allows sources to trade emissions credits to achieve required
reductions.
``(2) The terms `1-hour standard' and `1-hour ozone
standard' mean the national primary ambient air quality
standard for ozone existing prior to the revision of such
standard on July 18, 1997.
``(3) The terms `8-hour standard' and `8-hour ozone
standard' mean the national primary and secondary ambient air
quality standard for ozone as revised on July 18, 1997.
``(4) The term `existing PM-10 NAAQS' means the national
primary ambient air quality standard for PM-10 existing prior
to the revision of such standard on July 18, 1997.
``(5) The term `new particulate matter standards' means the
national primary and secondary ambient air quality standards
for PM-2.5 as promulgated on July 18, 1997.
``SEC. 194B. IMPLEMENTATION OF NEW AND REVISED OZONE AND PARTICULATE
STANDARDS.
``Except as specified in this subpart, all applicable requirements
of this Act regarding the implementation of a revised national ambient
air quality standard shall apply to the 8-hour ozone standard and to
the revised particulate standard.
``SEC. 194C. IMPLEMENTATION OF OZONE STANDARD.
``(a) Phase-Out of 1-Hour Standard.--(1) Upon a determination by
the Administrator that an area has attained air quality that meets the
1-hour ozone standard, the provisions of subpart 2 of part D of title I
of this Act shall cease to apply to that area. Within 90 days after the
enactment of this subpart, the Administrator shall publish a notice
identifying the areas that have attained the 1-hour ozone standard and
to which such standard will cease to apply.
``(2) Notwithstanding section 175A, no State shall be required to
prepare a maintenance plan for an area that has attained the 1-hour
standard for ozone.
``(3) For each ozone nonattainment area where the air quality does
not, as of the date of the publication referred to in paragraph (1),
meet the 1-hour ozone standard, such 1-hour standard and the provisions
of subpart 2 shall continue to apply until the Administrator makes the
determination referred to in paragraph (1).
``(b) Implementation of New 8-Hour Ozone Standard.--
``(1) Regional no<INF>X</INF> strategy.--Not later than 6
months after the date of enactment of this subpart the
Administrator shall promulgate a rule authorizing States to
establish cap and trade programs to control regional transport
of oxides of nitrogen (`NO<INF>X</INF>'). The Administrator
shall allow a State or States that establish such a program by
December 31, 1999, to extend the length of permits granted
under section 502(b)(5)(B) by up to two years.
``(2) Transitional classification.--
``(A) Authorization.--The Administrator shall
provide for a special transitional classification under
section 172(a)(1) for areas that meet the eligibility
requirements of subparagraph (B).
``(B) Eligibility.--Using ozone monitoring data
from calendar years 1995, 1996, and 1997, or later
years, the Administrator, under the authority of
section 107(d), shall make the transitional
classification available to States for the following
areas:
``(i) Any area attaining the 1-hour
standard by december 31, 1999, but not
attaining the 8-hour standard by that date and
for which a regional transport strategy
described in paragraph (1) is sufficient for
attainment of the 8-hour standard.--If, by
December 31, 1999, the State submits an
implementation plan that includes control
measures to achieve the emission reductions
required by the rules under paragraph (1)
regarding a regional NO<INF>X</INF> strategy.
``(ii) Any area attaining the 1-hour
standard by december 31, 1999, but not
attaining the 8-hour standard by that date and
for which a regional transport strategy
described in paragraph (1) is not sufficient
for attainment of the 8-hour standard.--If, by
December 31, 1999, the State submits an
implementation plan that provides for emissions
reductions necessary to attain the 8-hour
standard by the applicable statutory deadline.
In the case of areas participating in, or
directly affected by, a regional strategy
pursuant to paragraph (1), such State
implementation plan shall provide that the
additional emission reductions shall occur on
the same time schedule as applicable regional
transport reductions.
``(C) Areas not eligible for transitional
classification.--(i) An area not required, as of the
date of the enactment of this subpart, to achieve the
1-hour standard until after the year 2000 shall not be
eligible for transitional status. For such an area, no
additional local control measures (beyond those needed
to meet the requirements of subpart 2 or needed to
implement any applicable regional transport strategy
under paragraph (1)) shall be required to be
implemented prior to the applicable attainment date for
the 1-hour standard if, within 3 years of designation
as a nonattainment area for the 8-hour standard, the
State submits an implementation plan for achieving the
8-hour standard in such area by the attainment date for
such 8-hour standard. Such a plan may rely
substantially on measures needed to attain the 1-hour
standard. Except as provided in clause (ii),
nonattainment areas that do not attain the 1-hour
standard by their attainment date shall continue to
comply with the requirements of subpart 2 until such
standard is attained.
``(ii) At any time after December 31, 2000, upon
petition from the Governor of any State containing an
area referred to in clause (i), the Administrator shall
allow that area to be subject to the 8-hour ozone
standard in lieu of the 1-hour standard.
``(D) Benefit of designation.--The Administrator
may, on a case by case basis, exempt areas classified
as `transitional' from one or more specific
requirements of part D relating to ozone, as the
Administrator deems appropriate and consistent with the
goal of meeting statutory deadlines for achieving the
national primary ambient air quality standard for
ozone. No such exemption may be granted unless the
Administrator and the State agree on a means to measure
(by means of benchmarks, schedules, and other means)
whether sufficient progress is being made toward such
goal. The Administrator shall require sufficient
reporting to demonstrate that the terms of such
agreement with the State are being complied with, and
if the Administrator determines that such terms are not
being complied with, the Administrator shall remove
such exemption.
``SEC. 194D. IMPLEMENTATION OF NEW PARTICULATE MATTER STANDARDS.
``(a) Implementation of Revised PM-10 NAAQS.--(1) For each area
that has not attained the existing PM-10 NAAQS as of July 18, 1997, the
existing PM-10 NAAQS shall remain in effect and the new particulate
matter standards shall not apply until the Administrator has completed
a rulemaking for the existing PM-10 NAAQS under section 172(e)
(relating to backsliding). The Administrator shall issue the final rule
for such purposes no later than December 31, 1998.
``(2) For an area that has attained the existing PM-10 NAAQS, the
existing PM-10 NAAQS and any applicable State implementation plan
(including a maintenance plan) for the PM-10 NAAQS shall remain in
effect until the State submits under section 110, and the Administrator
approves, an implementation plan for the attainment and maintenance of
the new particulate matter standards. Upon approval of such
implementation plan, the existing PM-10 NAAQS and the State plan
implementing the existing PM-10 NAAQS shall cease to apply to such
area.
``(b) Implementation of New PM-2.5 NAAQS.--
``(1) Monitoring.--(A) The Administrator shall consult with
the National Academy of Sciences, States, and affected
stakeholders to design and establish a comprehensive monitoring
network to determine ambient fine particle concentrations
across the country.
``(B) The monitoring network shall be designed to collect
data at a sufficient level of detail so as to help determine,
at a minimum, the following: which areas do not meet the new
air quality standards, the major sources and constituents of
PM-2.5 in various regions, and potential cost-effective means
of achieving the new particulate matter standards. All monitors
must provide, at a minimum, for limited speciation, or analysis
of the chemical composition, of the particles measured.
Immediately upon enactment of this Act, the Administrator shall
request the National Academy of Sciences to make a
recommendation, as soon as possible, as to what proportion of
the monitors should provide for a more comprehensive speciation
of the particles.
``(2) Expedited deployment of a network.--(A) The
Administrator shall work cooperatively with the States, local
governments, tribes, and other parties to deploy a nationally
consistent monitoring network to measure and analyze PM-2.5.
``(B) The Administrator shall fund 100 percent of the costs
for the purchase and installation of such monitors, but any
State may expedite deployment of monitors in their state by
advancing funding for such purposes.
``(C) The Administrator shall coordinate the analysis of
particles collected at the monitors to determine their chemical
composition.
``(3) Incentives for expedited deployment.--(A) States that
contribute substantially to the deployment of monitors in
accordance with paragraph (2)(B) shall not be required to
implement the standards for PM-2.5 earlier than would have been
required in the absence of any contribution toward early
deployment of the monitoring network.
``(B) The Administrator shall permit States which complete
deployment of the monitoring system by June 30, 1999, to extend
the length of permits granted under section 502(b)(5)(B) by up
to one year in addition to any extension allowable under any
other authority of law.
``(c) External Review of Standard.--(1) Immediately following the
enactment of this Act, the Administrator shall request the National
Academy of Sciences (NAS) to commence a review of the new PM-2.5
standard and to recommend, as soon as possible, a research plan
designed to both reduce scientific uncertainties regarding the
appropriateness of the PM-2.5 standard and to help identify the most
cost-effective means of achieving it.
``(2) The Administrator shall request the National Academy of
Sciences to recommend to the Administrator, by June 30, 2002, whether
or not it is appropriate to revise the PM-2.5 standard under this Act.
``(3) Following the receipt of the NAS recommendation, but not
later than June 30, 2003, the Administrator shall make a determination
under section 109(b) as to whether it is appropriate to revise the PM-
2.5 standard or retain the standard as promulgated on July 18, 1997.
The Administrator shall make such determination prior to designating
any area as a nonattainment area for PM-2.5.
``(d) Implementation Schedule.--
``(1) Unclassifiable designation.--Not later than June 30,
1999, the Administrator shall designate all areas of the
country as unclassifiable for PM-2.5. These designations shall
not trigger the planning or control requirements of part D of
title I of the Act.
``(2) Governor's designation of non-attainment areas based
on at least 3 years of monitoring data.--Notwithstanding the
deadline set forth in section 107(d)(1)(A), for PM-2.5, the
Governor of each State shall submit to the Administrator the
list referred to in section 107(d)(1)(A) not later than 6
months after the Administrator makes the determination referred
to in subsection (c)(3).
``(3) Administrator's designation of non-attainment
areas.--Notwithstanding the deadline set forth in section
107(d)(1)(B), for PM-2.5, the Administrator shall promulgate
the designation of all areas (or portions thereof) under
section 107(d)(1)(B) not later than 18 months after the
Administrator makes the determination referred to in subsection
(c)(3).
``(4) State implementation plans due.--Each State in which
the Administrator has designated a PM-2.5 nonattainment area
shall submit an implementation plan or plan revision meeting
the requirements of subpart 1 and section 110 for the
attainment of the PM-2.5 standard in such area. Notwithstanding
the deadline set forth in section 110(a)(1), such plan shall be
submitted in accordance with the deadlines specified in section
172(b) unless extended in accordance with section 110(b).''.
SEC. 3. GENERAL NONATTAINMENT PROVISIONS.
(a) Early NAAQS Compliance Benefits.--Section 172 of the Clean Air
Act is amended by adding the following at the end thereof:
``(f) Early NAAQS Compliance Benefits.--The Administrator shall
promulgate such rules as may be necessary to permit State
implementation plans for nonattainment areas to reward sources of any
air pollutant for which a national ambient air quality standard is in
effect to be rewarded if the source--
``(1) makes significant reductions (as determined by the
Administrator) in emissions of such air pollutant below the
benchmarks set by existing State implementation plans; and
``(2) demonstrates and publicly reports consistent
achievement of said emission reductions.
The Administrator and the State may establish by regulation such
rewards for such superior environmental performance as they deem
acceptable, including such incentives as a longer permit term, third
party auditing privileges, and streamlined reporting, notwithstanding
any other requirement of this Act, if the Administrator finds, and then
subsequently demonstrates over time, that the net effect of the
combination of the superior environmental performance and any reward
offered therefor results in a significant reduction in risk to human
health and the environment relative to that posed by emission levels
otherwise allowable under this Act.
``(g) Air Quality Investment Program.--The Administrator shall
encourage States to design market-based strategies for attaining
national ambient air quality standards that focus on obtaining low cost
reductions for all sources, including such approaches as a Clean Air
Investment Fund that would allow sources facing control costs per ton
of pollutant higher than a prescribed upper bound to pay a set annual
amount per ton, to be determined by the Administrator, to fund cost-
effective emissions reductions from nontraditional and small sources.
``(h) New Source Review and Conformity Rule Revisions.--(1) The
Administrator shall revise the rules under section 172(c)(5) (relating
to new source review) and the rules relating to conformity so that
States may comply with such rules with only minor revisions to their
applicable implementation plans in areas designated as transitional for
ozone under section 194C(b)(3).
``(2) The Administrator shall also reexamine the requirements
applicable to nonattainment areas under section 172(c)(5), and shall
make reasonable efforts (including any necessary modification of
applicable rules) to ensure fairness between ozone nonattainment areas
and transitional areas and between areas from which any air pollutant
for which a national ambient air quality standard is in effect, or
precursor thereof, is transported and the areas to which that air
pollutant, or precursor, is transported, including combinations of such
areas that lie within a single State.
SEC. 4. RESEARCH.
(a) Particulate Matter.--(1) The Administrator of the Environmental
Protection Agency, in partnership with other Federal agencies, shall
develop an expanded coordinated interagency particulate matter research
program. In doing so, the Administrator shall give significant
consideration to the recommendations of the National Academy of
Sciences.
(2) The research program shall contribute to expanding the science
associated with particulate matter health effects and shall develop
improved monitoring methods and cost-effective mitigation strategies.
(3) The research program shall place significant emphasis on
coordinating research on health effects, biological mechanism causing
effects, monitoring, source-receptor relationships, speciation of PM,
identification of sources, control technologies and regional transport
for particulate matter with corresponding research on ozone and other
related pollutants including regional haze.
(4) To assist State and local efforts in completing planning
requirements and reducing particulate matter air pollution, the
Administrator of the Environmental Protection Agency shall work
cooperatively with the Department of Agriculture, Department of
Defense, Department of Energy, Department of Transportation, and other
affected Federal agencies to refine existing, limited analytical models
for PM-10 and to develop new reliable predictive models for PM-2.5.
(b) Tropospheric Ozone.--(1) The Administrator shall enter into
arrangements with the National Academy of Sciences under which the
National Academy will immediately undertake a thorough review of its
1991 report Rethinking the Ozone Problem in Urban and Regional Air
Pollution and report to Congress no later than January 30, 1999, on the
recommendations that continue to be relevant to the Nation's approach
to reducing tropospheric ozone. The report shall also establish
priorities for agency and state response to recommendations.
(2) The Administrator of the Environmental Protection Agency shall
continue to participate in the inter-governmental public/private
partnership called the North American Research Strategy for
Tropospheric Ozone (NARSTO) that involves a coordinated effort to
identify and address key issues in the emissions, transport, and
mitigation of photochemical pollutants.
(3) The Administrator of the Environmental Protection Agency shall
work in partnership with other Federal agencies to address research
needs on ozone health and ecological effects. Significant emphasis
shall be placed on coordinating both health effects, monitoring,
source-receptor, and control technologies for ozone with corresponding
research on particulate matter and other related pollutants subject to
significant regional transport.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Commerce.
Sponsor introductory remarks on measure. (CR H1704)
Referred to the Subcommittee on Health and Environment.
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