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115th Congress }                                          { REPORT
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 115-229

======================================================================
 
   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

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

                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.''.

                                  [all]