Permits a transportation project to proceed during a conformity lapse of the applicable plan or improvement program if it was included in the first three years of the most recent conforming plan and program and its design concept and scope has not significantly changed.
Requires the Administrator to revise criteria and procedures for determining plan, program, and project conformity.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 673 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 673
To amend the Clean Air Act regarding the conformity of transportation
projects to implementation plans, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2003
Mr. Brady of Texas (for himself and Mr. Green of Texas) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act regarding the conformity of transportation
projects to implementation plans, 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 ``Safe Highways and Roads Act of
2003''.
SEC. 2. AMENDMENTS TO THE CLEAN AIR ACT REGARDING ESTIMATES OF
EMISSIONS AND CONFORMITY REQUIREMENT.
(a) Amendments.--Section 176(c) of the Clean Air Act (42 U.S.C.
7506(c)) is amended--
(1) in paragraph (1), by adding at the end the following:
``For the purpose of this subsection, estimates of emissions
from motor vehicles and necessary emissions reduction contained
in an implementation plan submitted under section 110 may be
used in lieu of an implementation plan approved under section
110 if no such approved implementation plan is available. If
the Administrator does not determine the adequacy of any
estimates of emissions submitted to the Administrator for use
under the preceding sentences within 90 days after the date of
submission of the estimates, the estimates shall be deemed to
be adequate.''; and
(2) in paragraph (2)--
(A) by striking the period at the end of
subparagraph (C) and inserting a semicolon;
(B) in subparagraph (D)--
(i) by striking ``Any project'' and
inserting ``any project''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(E) notwithstanding subparagraphs (C) and (D), a
transportation project may proceed during a conformity
lapse of the applicable transportation plan or
transportation improvement program if--
``(i) the project was included in the first
3 years of the most recently conforming
transportation plan and transportation
improvement program (or the conformity
determination's regional emissions analysis);
and
``(ii) the design concept and scope of such
project have not changed significantly from
those analyses.''.
(b) Criteria and Procedures.--
(1) Revision.--Not later than 1 year after the date of
enactment of this Act, and in accordance with the amendments
made by subsection (a), the Administrator of the Environmental
Protection Agency shall promulgate revised criteria and
procedures under section 176(c)(4)(A) of the Clean Air Act (42
U.S.C. 7506(c)(4)(A)).
(2) Transitional provision.--Notwithstanding the decision
of the court in Environmental Defense Fund v. Environmental
Protection Agency, 167 F.3d 641 (D.C. Cir. 1999), regulations
promulgated under section 176(c)(4)(A) of the Clean Air Act (42
U.S.C. 7506(c)(4)(A)) shall apply as in effect on March 1,
1999--
(A) beginning on the date of enactment of this Act;
and
(B) ending on the effective date of the criteria
and procedures revised under paragraph (1).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Air Quality.
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