[Senate Report 111-218]
[From the U.S. Government Publishing Office]
Calendar No. 453
111th Congress Report
SENATE
2d Session 111-218
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AIR AND HEALTH QUALITY EMPOWERMENT ZONE DESIGNATION ACT OF 2010
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June 29, 2010.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 3373]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 3373) to address the health and economic
development impacts of nonattainment of federally mandated air
quality standards in the San Joaquin Valley, California, by
designating air quality empowerment zones, reports favorably
thereon, and recommends that the bill do pass.
PURPOSES OF THE LEGISLATION
The purpose of this legislation is to help the most heavily
polluted areas of the country, which also experience high
levels of unemployment, address the health and economic
difficulties that they face. This legislation provides grants
to areas with some of the worst air pollution problems in the
nation to increase the use of modern pollution controls by
retrofitting or replacing heavily-polluting vehicles and
engines.
GENERAL STATEMENT AND BACKGROUND
According to the Environmental Protection Agency, both fine
particulate matter pollution (PM2.5) and ozone (``smog'') are
serious threats to public health. The Environmental Protection
Agency recognizes that due to small size of PM2.5 pollution, it
can penetrate deeply into the lungs of people where it can
accumulate. The Agency also acknowledges that epidemiological
studies have shown a significant association between elevated
levels of PM2.5 pollution and health effects, including asthma
attacks, aggravation of respiratory and cardiovascular disease,
decreased lung function, lung disease, certain cardiovascular
problems such as heart attacks, and premature death.
The Environmental Protection Agency has also described a
number of serious health effects related to ozone pollution.
The Agency recognizes that ozone pollution increases asthma
attacks, reduces lung function, increases susceptibility to
respiratory infection, inflames and damages cells in the lungs,
aggravates chronic lung diseases such as emphysema and
bronchitis, and increases the risk of premature death.
Smog and PM2.5 are widespread forms of pollution. According
to the Environmental Protection Agency, more than a dozen
states have counties with areas that are out of attainment with
PM2.5 standards, including Pennsylvania, Alabama, Ohio, West
Virginia, California, Michigan, Alaska, Oregon, Tennessee,
Utah, Idaho, Wisconsin, New York, New Jersey, Connecticut,
Arizona and Delaware. The Agency reports that more than 70
million people live in these counties.
The Environmental Protection Agency also reports that more
than twenty states have counties with areas that are out of
attainment with ozone standards, including New York, Michigan,
California, Georgia, Maryland, Louisiana, Texas, Massachusetts,
New Hampshire, Rhode Island, North Carolina, South Carolina,
Illinois, Indiana, Ohio, Kentucky, Colorado, Wisconsin,
Connecticut, Tennessee, Nevada, New Jersey, Pennsylvania,
Delaware, Arizona, Missouri, Virginia, and the District of
Columbia. The Agency reports that more than 121 million people
live in these counties.
This basic intent of this bill is to help, now and in the
future, the most heavily polluted areas of the country that
also suffer from high levels of unemployment to reduce the
health and economic impacts of nonattainment with federally
mandated air quality standards. One such area that is currently
experiencing these types of harmful conditions is the San
Joaquin Valley in California. Elevated ozone and PM2.5 levels
in the Valley contribute to asthma rates that are 3 times the
State average and 5 times the national average. Nonattainment
of the Clean Air Act standards costs the Valley more than $3
billion annually.
This legislation would allow areas that experience these
conditions to become eligible for designation as air and health
quality empowerment zones, at which point they could receive
federal grants for the purpose of replacing or retrofitting
polluting vehicles and engines. This would improve the health
of the people living in such zones.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that the Act may be cited as the ``Air
and Health Quality Empowerment Zone Designation Act of 2008''.
Section 2. Purpose
Section 2 states that the purpose of the Act is to
establish criteria for the designation of specific geographic
areas as air and health quality empowerment zones that may
apply for grants authorized for the purpose of replacing or
retrofitting polluting vehicles or engines in order to improve
the health of the population living in the zones.
Section 3. Findings
Section 3 contains the types of factors that are relevant
to being eligible as an air and health quality empowerment zone
by using a description of the conditions that currently exist
in the San Joaquin Valley. The findings describe the serious
air quality challenges that the Valley faces, which impact the
health, development, and economy of the area. The section also
notes the benefits that could accrue from federal assistance
that helps to address serious air pollution problems through
grants and technical assistance.
Section 4. Definitions
Section 4 defines the term ``Administrator'' to mean the
Administrator of the Environmental Protection Agency (EPA). The
term ``Agency'' is defined to mean the EPA. Section 4 defines
the term ``Clean Air Act'' to mean the Clean Air Act (42 U.S.C.
7401 et seq.). The term ``PM2.5'' is defined to mean
particulate matter with a diameter that does not exceed 2.5
micrometers. The term ``Strategic Plan'' is defined to mean,
with respect to an area, the plan contained in the application
for designation of the area under Section 5 of the Act.
Finally, Section 4 defines the term ``Valley'' to mean the San
Joaquin Valley, California.
Section 5. Air Quality Empowerment Zone designation procedures
Section 5 provides that the Administrator of EPA may
designate areas nominated for designation under this section as
air and health quality empowerment zones. The designation would
remain in effect for 10 years or until the Administrator
revokes the designation. The Administrator may revoke the
designation if the Administrator determines that the local air
pollution district in which the designated area is located has
been designated as being in attainment with the PM2.5 and ozone
standards under the Clean Air Act, or is not complying
substantially with, or fails to make progress in achieving the
goals of, the strategic plan.
No area may be designated an air and health quality
empowerment zone unless the area is nominated by the air
pollution control district with jurisdiction over the area, the
air pollution control district provides written assurances to
the Administrator that the strategic plan will be implemented,
and the Administrator determines that the information provided
is reasonably accurate. The Application for designation must
demonstrate that the area meets the eligibility criteria in
section 6 of the Act, and must include a strategic plan for
accomplishing the purposes of the Act. The strategic plan must
describe: the process by which the area is a full partner in
developing and implementing the plan; the extent to which local
institutions and organizations have contributed to the planning
process; the State, local, and private resources that will be
available and the public/private partnerships that will be
used; the funding requested under any Federal program in
support of the Act; baselines, methods, and benchmarks for
measuring success; and other information that may be required
by the Administrator.
Section 6. Eligibility criteria
Section 6 provides that a nominated area is eligible only
if the area: (1) has been designated as being in extreme
nonattainment of the 8-hour ozone national ambient air quality
standard (NAAQS) and the NAAQS for PM2.5; (2) the nominated
area has emissions of nitrogen oxides from farm equipment of at
least 30 tons per day or emissions of volatile organic
compounds from farming operations of at least 40 tons per day
in calendar year 2010; (3) the area meets or exceeds the
national average in asthma; (4) the area experiences
unemployment rates higher than the national average; and (5)
the State or local government will match at least 50% of the
funds provided by the Federal Government under the Act.
Section 7. Eligible grant applicants
Section 7 provides that any air pollution control district
or other local government entity authorized to regulate air
quality in a State under the Clean Air Act may apply for a
grant under the Act.
Section 8. Authorization of Air and Health Empowerment grants
Section 8 authorizes grants to areas designated air and
health quality empowerment zones under the Act, in an amount
determined by the Administrator based on need and the
information provided in the application.
Section 8 requires the Administrator to make a grant to
each designated air and health quality empowerment zone on the
date of the designation and again on the first day of the first
fiscal year that begins after the date of the designation.
Section 8 requires the air pollution control district or
other local government entity with Clean Air Act jurisdiction
over the empowerment zone to oversee the use of the grant
funds. The grant funds can be used only to carry out activities
that achieve the purposes of the Act, in accordance with the
strategic plan, and for activities that benefit the residents
of the zone through improved air quality and health.
Section 8 authorizes the appropriation to the Administrator
of $20,000,000 for each of fiscal years 2011 through 2015 to
provide grants under this Act.
LEGISLATIVE HISTORY
This legislation was sponsored by Senator Boxer. The
Committee on Environment and Public Works met on May 20, 2010,
when it was ordered favorably reported by voice vote.
ROLLCALL VOTES
There were no rollcall votes. Senators Inhofe, Barrasso and
Vitter were recorded as voting no. The Committee on Environment
and Public Works met to consider this legislation on May 20,
2010. A quorum of the Committee being present, it was reported
favorably without amendment by a voice vote.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b)(2) of rule XXVI of the
Standing Rules of the Senate, the Committee states that there
are not expected to be regulatory costs to private entities
under this legislation, which provides grants to retrofit or
replace polluting vehicles or engines.
MANDATES ASSESSMENT
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee finds that this legislation
would impose no Federal intergovernmental unfunded mandates on
State, local or tribal governments, and does not impose private
sector mandates.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
May 24, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3373, the Air and
Health Quality Empowerment Zone Designation Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 3373--Air and Health Quality Empowerment Zone Designation Act of
2010
Summary: S. 3373 would authorize the Environmental
Protection Agency (EPA) to create air and health quality
empowerment zones in various regions of the country. Certain
entities within those zones would then be eligible for federal
grants to fund the replacement or retrofitting of vehicles or
engines to reduce pollution. This legislation also would
authorize the appropriation of $20 million a year over the
2011-2015 period for such grants.
Assuming appropriation of the authorized funds, CBO
estimates that implementing S. 3373 would cost $82 million over
the 2011-2015 period and $18 million after 2015.
Pay-as-you-go procedures would not apply to this
legislation because it would not affect direct spending or
revenues.
S. 3373 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 3373 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2011-
2011 2012 2013 2014 2015 2015
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................. 20 20 20 20 20 100
Estimated Outlays................................... 8 16 18 20 20 82
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Basis of estimate: CBO assumes that S. 3373 will be enacted
near the beginning of fiscal year 2011 and that the specified
amounts will be appropriated in each year starting in 2011.
Estimated outlays are based on historical spending patterns for
similar programs.
Intergovernmental and private-sector impact: S. 3373
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, Local, and Tribal Governments: Ryan Miller;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
CHANGES IN EXISTING LAW
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.