[House Report 115-229]
[From the U.S. Government Publishing Office]
115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
1st Session } { 115-229
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 806) TO FACILITATE
EFFICIENT STATE IMPLEMENTATION OF GROUND-LEVEL OZONE STANDARDS, AND FOR
OTHER PURPOSES
_______
July 17, 2017.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Burgess, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 451]
The Committee on Rules, having had under consideration
House Resolution 451, by a record vote of 6 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 806, the
Ozone Standards Implementation Act of 2017, under a structured
rule. The resolution provides one hour of general debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Energy and Commerce. The
resolution waives all points of order against consideration of
the bill. The resolution makes in order as original text for
purpose of amendment an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 115-26 and
provides that it shall be considered as read. The resolution
waives all points of order against that amendment in the nature
of a substitute. The resolution makes in order only those
further amendments printed in this report. Each such amendment
may be offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The resolution waives
all points of order against the amendments printed in this
report. The resolution provides one motion to recommit with or
without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waiver of clause 3(d) of rule XIII, which
requires inclusion of a committee cost estimate in a committee
report. It is important to note that while the cost estimate
was not available at the time the report was filed, it has been
publicly available since July 14, 2017.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver of all points of order
prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 75
Motion by Mr. Woodall to report the rule. Adopted: 6-3
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Majority Members Vote Minority Members Vote
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Mr. Cole........................................ ............ Ms. Slaughter..................... ............
Mr. Woodall..................................... Yea Mr. McGovern...................... Nay
Mr. Burgess..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Collins..................................... ............ Mr. Polis......................... Nay
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... ............
Mr. Buck........................................ Yea
Ms. Cheney...................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Castor (FL): Halts implementation of the Ozone Standards
Implementation Act of 2017 if the Clean Air Scientific Advisory
Committee finds that application could increase health risks to
vulnerable populations including children, seniors, pregnant
women, outdoor workers, and minority and low-income
communities. (10 minutes)
2. Tonko (NY): Strikes subsection (b) of Section 3, which
would to allow EPA to consider technological feasibility when
determining what level of pollution is safe. (10 minutes)
3. Beyer (VA): Strikes subsection (h) of section 3
(relating to exceptional events) (10 minutes)
4. Polis (CO): Closes the loophole which prevents
aggregating emissions from any oil or gas exploration or
production well. Additionally, it seeks to require the EPA to
add hydrogen sulfide to the list of hazardous air pollutants.
(10 minutes)
5. McNerney (CA): Strikes section 6 of the bill. (10
minutes)
6. McNerney (CA), Costa (CA): SUBSTITUTE Strikes the
underlying bill and replaces it with a grant program to benefit
regions with the poorest air quality. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Castor of Florida or
Her Designee, Debatable for 10 Minutes
At the end of section 2, add the following new
subsection:
(c) Limitation.--This section shall not apply if the Clean
Air Scientific Advisory Committee finds that application of
subsection (a) could increase (especially for vulnerable
populations such as children, seniors, pregnant women, outdoor
workers, and minority and low-income communities) any of the
following:
(1) Asthma attacks.
(2) Hospitalization and emergency room visits for
those with respiratory disease or cardiovascular
disease.
(3) The risk of preterm birth, babies born with low
birth weight, or impaired fetal growth.
(4) The risk of heart attacks, stroke, or premature
death.
(5) Reproductive, developmental, or other serious
harms to human health.
----------
2. An Amendment To Be Offered by Representative Tonko of New York or
His Designee, Debatable for 10 Minutes
Strike subsection (b) of section 3 (relating to
consideration of technological feasibility) and make such
conforming changes as may be necessary.
----------
3. An Amendment To Be Offered by Representative Beyer of Virginia or
His Designee, Debatable for 10 Minutes
Strike subsection (h) of section 3 (relating to exceptional
events).
----------
4. An Amendment To Be Offered by Representative Polis of Colorado or
His Designee, Debatable for 10 Minutes
Redesignate sections 5 and 6 as sections 6 and 7,
respectively.
Insert after section 4 the following:
SEC. 5. BRINGING REDUCTIONS TO ENERGY'S AIRBORNE TOXIC HEALTH EFFECTS.
(a) Repeal of Exemption for Aggregation of Emissions From Oil
and Gas Sources.--Section 112(n) of the Clean Air Act (42
U.S.C. 7412(n)) is amended by striking paragraph (4).
(b) Hydrogen Sulfide as a Hazardous Air Pollutant.--The
Administrator of the Environmental Protection Agency shall--
(1) not later than 180 days after the date of
enactment of this Act, issue a final rule adding
hydrogen sulfide to the list of hazardous air
pollutants under section 112(b) of the Clean Air Act
(42 U.S.C. 7412(b)); and
(2) not later than 365 days after a final rule under
paragraph (1) is issued, revise the list under section
112(c) of such Act (42 U.S.C. 7412(c)) to include
categories and subcategories of major sources and area
sources of hydrogen sulfide, including oil and gas
wells.
----------
5. An Amendment To Be Offered by Representative McNerney of California
or His Designee, Debatable for 10 Minutes
Strike section 6.
----------
6. An Amendment To Be Offered by Representative McNerney of California
or His Designee, Debatable for 10 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air and Health Quality
Empowerment Zone Designation Act of 2017''.
SEC. 2. AIR AND HEALTH QUALITY EMPOWERMENT ZONES.
(a) Designation of Air and Health Quality Empowerment
Zones.--
(1) In general.--The Administrator may designate an
area as an air and health quality empowerment zone if--
(A) the air pollution control district or
other local governmental entity authorized to
regulate air quality for the area submits an
application under paragraph (2) nominating the
area for such designation; and
(B) the Administrator determines that--
(i) the information in the
application is reasonably accurate; and
(ii) the nominated area satisfies the
eligibility criteria described in
paragraph (3).
(2) Nomination.--To nominate an area for designation
under paragraph (1), the air pollution control district
or other local governmental entity authorized to
regulate air quality for the area shall submit to the
Administrator an application that--
(A) demonstrates that the nominated area
satisfies the eligibility criteria described in
paragraph (3); and
(B) includes a strategic plan that--
(i) is designed for--
(I) addressing air quality
challenges and achieving
attainment of air quality
standards in the area; and
(II) improving the health of
the population in the area;
(ii) describes--
(I) the process by which the
district or local governmental
entity is a full partner in the
process of developing and
implementing the strategic
plan; and
(II) the extent to which
local institutions and
organizations have contributed
to the planning process;
(iii) identifies--
(I) the amount of State,
local, and private resources
that will be available for
carrying out the strategic
plan; and
(II) the private and public
partnerships to be used (which
may include participation by,
and cooperation with,
institutions of higher
education, medical centers, and
other private and public
entities) in carrying out the
strategic plan;
(iv) identifies the funding requested
under any Federal program in support of
the strategic plan;
(v) identifies baselines, methods,
and benchmarks for measuring the
success of the strategic plan; and
(vi) includes such other information
as may be required by the
Administrator; and
(C) provides written assurances satisfactory
to the Administrator that the strategic plan
will be implemented.
(3) Eligibility criteria.--To be eligible for
designation under paragraph (1), an area must meet all
of the following criteria:
(A) Nonattainment.--The area has been
designated as being--
(i) in extreme nonattainment of the
national ambient air quality standard
for ozone; and
(ii) in nonattainment of the national
ambient air quality standard for
PM2.5.
(B) Unique sources.--The area had--
(i) emissions of oxides of nitrogen
from farm equipment of at least 30 tons
per day in calendar year 2011;
(ii) emissions of volatile organic
compounds from farming operations of at
least 3 tons per day in calendar year
2010; or
(iii) emissions of oxides of nitrogen
from sources governed primarily through
international law of at least 50 tons
per day in calendar year 2010.
(C) Air quality-related health effects.--As
of the date of designation, the area meets or
exceeds the national average per capita
incidence of asthma.
(D) Economic impact.--As of the date of
designation, the area experiences unemployment
rates higher than the national average.
(E) Matching funds.--The air pollution
control district or other local governmental
entity submitting the strategic plan under
paragraph (2) for the area agrees that it will
make available (directly or through
contributions from the State or other public or
private entities) non-Federal contributions
toward the activities to be carried out under
the strategic plan in an amount equal to $1 for
each $1 of Federal funds provided for such
activities. Such non-Federal matching funds may
be in cash or in-kind, fairly evaluated,
including plant, equipment, or services.
(4) Period of designation.--A designation under
paragraph (1) shall remain in effect during the period
beginning on the date of the designation and ending on
the earlier of--
(A) the last day of the tenth calendar year
ending after the date of the designation; or
(B) the date on which the Administrator
revokes the designation.
(5) Revocation of designation.--The Administrator may
revoke the designation under paragraph (1) of an area
if the Administrator determines that--
(A) the area is in attainment with the
national ambient air quality standards for
PM2.5 and ozone; or
(B) the air pollution control district or
other local governmental entity submitting the
strategic plan under paragraph (2) for the area
is not complying substantially with, or fails
to make progress in achieving the goals of,
such strategic plan.
(b) Grants for Air and Health Quality Empowerment Zones.--
(1) In general.--For the purpose described in
paragraph (2), the Administrator may award one or more
grants to the air pollution control district or local
governmental entity submitting the application under
subsection (a)(2) on behalf of each air and health
quality empowerment zone designated under subsection
(a)(1).
(2) Use of grants.--A recipient of a grant under
paragraph (1) shall use the grant solely for the
purpose of carrying out the strategic plan submitted by
the recipient under subsection (a)(2).
(3) Amount of grants.--The amount awarded under this
subsection with respect to a designated air and health
quality empowerment zone shall be determined by the
Administrator based upon a review of--
(A) the information contained in the
application for the zone under subsection
(a)(2); and
(B) the needs set forth in the application
for those anticipated to benefit from the
strategic plan submitted for the zone.
(4) Timing of grants.--To the extent and in the
amount of appropriations made available in advance, the
Administrator shall--
(A) award a grant under this subsection with
respect to each air and health quality
empowerment zone on the date of designation of
the zone under subsection (a)(1); and
(B) make the grant funds available to the
grantee on the first day of the first fiscal
year that begins after the date of such
designation.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Environmental Protection
Agency.
(2) PM2.5.--The term ``PM2.5''
means particulate matter with a diameter that does not
exceed 2.5 micrometers.
SEC. 3. REPORT TO CONGRESS.
Not later than 5 years after the date of the enactment of
this Act, the Administrator of the Environmental Protection
Agency--
(1) shall submit a report to the Congress on the
impact of this Act; and
(2) may include in such report a description of the
impact of this Act in regard to--
(A) the reduction of particulate matter and
nitrogen oxides emissions;
(B) the reduction of asthma rates and other
health indicators; and
(C) economic indicators.
Amend the title so as to read: ``A bill to provide for the
designation of, and the award of grant with respect to, air and
health quality empowerment zones.''.
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