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TEA-21 - Transportation Equity Act for the
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TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
SEC. 6101. FINDINGS AND PURPOSE. <<NOTE: 42 USC 7407 note.>>
(a) The Congress finds that--
(1) there is a lack of air quality monitoring data for fine
particle levels, measured as PM<INF>2.5</INF>, in the United
States and the States should receive full funding for the
monitoring efforts;
(2) such data would provide a basis for designating areas as
attainment or nonattainment for any PM<INF>2.5</INF> national
ambient air quality standards pursuant to the standards
promulgated in July 1997;
(3) the President of the United States directed the
Administrator of the Environmental Protection Agency (referred
to in this title as the ``Administrator'') in a memorandum dated
July 16, 1997, to complete the next periodic review of the
particulate matter national ambient air quality standards by
July 2002 in order to determine ``whether to revise or maintain
the standards'';
(4) the Administrator has stated that 3 years of air quality
monitoring data for fine particle levels, measured as
PM<INF>2.5</INF> and performed in accordance with any applicable
Federal reference methods, is appropriate for designating areas
as attainment or nonattainment pursuant to the July 1997
promulgated standards; and
(5) the Administrator has acknowledged that in drawing
boundaries for attainment and nonattainment areas for the July
1997 ozone national air quality standards, Governors would
benefit from considering implementation guidance from EPA on
drawing area boundaries.
(b) The purposes of this title are--
(1) to ensure that 3 years of air quality monitoring data
regarding fine particle levels are gathered for use in the
determination of area attainment or nonattainment designations
respecting any PM<INF>2.5</INF> national ambient air quality
standards;
(2) to ensure that the Governors have adequate time to
consider implementation guidance from EPA on drawing area
boundaries prior to submitting area designations respecting the
July 1997 ozone national ambient air quality standards;
(3) to ensure that the schedule for implementation of the
July 1997 revisions of the ambient air quality standards for
particulate matter and the schedule for the Environmental
Protection Agency's visibility regulations related to regional
haze are consistent with the timetable for implementation of
such particulate matter standards as set forth in the
President's Implementation Memorandum dated July 16, 1997.
SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM. <<NOTE: 42 USC 7407
note.>>
(a) Through grants under section 103 of the Clean Air Act the
Administrator of the Environmental Protection Agency shall use
appropriated funds no later than fiscal year 2000 to fund 100 percent of
the cost of the establishment, purchase, operation and maintenance of a
PM<INF>2.5</INF> monitoring network necessary to implement the national
ambient air quality standards for PM<INF>2.5</INF> under section 109 of
the Clean Air Act. This implementation shall not result in a diversion
or reprogramming of funds from other Federal, State or local Clean Air
Act activities. Any funds previously diverted or reprogrammed from
section 105 Clean Air Act grants for PM<INF>2.5</INF> monitors must be
restored to State or local air programs in fiscal year 1999.
(b) EPA and the States, consistent with their respective authorities
under the Clean Air Act, shall ensure that the national network
(designated in subsection (a)) which consists of the PM<INF>2.5</INF>
monitors necessary to implement the national ambient air quality
standards is established by December 31, 1999.
(c)(1) The Governors shall be required to submit designations
referred to in section 107(d)(1) of the Clean Air Act for each area
following promulgation of the July 1997 PM<INF>2.5</INF> national
ambient air quality standard within 1 year after receipt of 3 years of
air quality monitoring data performed in accordance with any applicable
Federal reference methods for the relevant areas. Only data from the
monitoring network designated in subsection (a) and other Federal
reference method PM<INF>2.5</INF> monitors shall be considered for such
designations. Nothing in the previous sentence shall be construed as
affecting the Governor's authority to designate an area initially as
nonattainment, and the Administrator's authority to promulgate the
designation of an area as nonattainment, under section 107(d)(1) of the
Clean Air Act, based on its contribution to ambient air quality in a
nearby nonattainment area.
(2) For any area designated as nonattainment for the July 1997
PM<INF>2.5</INF> national ambient air quality standard in accordance
with the schedule set forth in this section, notwithstanding the time
limit prescribed in paragraph (2) of section 169B(e) of the Clean Air
Act, the Administrator shall require State implementation plan revisions
referred to in such paragraph (2) to be submitted at the same time as
State implementation plan revisions referred to in section 172 of the
Clean Air Act implementing the revised national ambient air quality
standard for fine particulate matter are required to be submitted. For
any area designated as attainment or unclassifiable for such standard,
the Administrator shall require the State implementation plan revisions
referred to in such paragraph (2) to be submitted 1 year after the area
has been so designated. The preceding provisions of this paragraph shall
not preclude the implementation of the agreements and recommendations
set forth in the Grand Canyon Visibility Transport Commission Report
dated June 1996.
(d) The Administrator shall promulgate the designations referred to
in section 107(d)(1) of the Clean Air Act for each area following
promulgation of the July 1997 PM<INF>2.5</INF> national ambient
air quality standard by the earlier of 1 year after the initial
designations required under subsection (c)(1) are required to be
submitted or December 31, 2005.
(e) The Administrator shall conduct a field study of the ability of
the PM<INF>2.5</INF> Federal Reference Method to differentiate those
particles that are larger than 2.5 micrograms in diameter. This study
shall be completed and provided to the Committee on Commerce of the
House of Representatives and the Committee on Environment and Public
Works of the United States Senate no later than 2 years from the date of
enactment of this Act.
SEC. 6103. OZONE DESIGNATION REQUIREMENTS. <<NOTE: 42 USC 7407 note.>>
(a) The Governors shall be required to submit the designations
referred to in section 107(d)(1) of the Clean Air Act within 2 years
following the promulgation of the July 1997 ozone national ambient air
quality standards.
(b) The Administrator shall promulgate final designations no later
than 1 year after the designations required under subsection (a) are
required to be submitted.
SEC. 6104. ADDITIONAL PROVISIONS. <<NOTE: 42 USC 7407 note.>>
Nothing in sections 6101 through 6103 shall be construed by the
Administrator of Environmental Protection Agency or any court, State, or
person to affect any pending litigation or to be a ratification of the
ozone or PM<INF>2.5</INF> standards.
