[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 307 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 307

    To modify certain regulatory requirements of the Environmental 
 Protection Agency regarding motor vehicle inspection and maintenance, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Klink introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
    To modify certain regulatory requirements of the Environmental 
 Protection Agency regarding motor vehicle inspection and maintenance, 
                        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 ``Clean Air Flexibility Act of 1995''.

SEC. 2. REVIEW AND REPUBLICATION OF EPA GUIDANCE.

    Within 12 months after the date of the enactment of this Act, the 
Administrator of the Environmental Protection Agency shall review, 
revise, update, and republish in the Federal Register the guidance for 
the States for motor vehicle inspection and maintenance programs 
required by the Clean Air Act, taking into consideration the 
Administrator's investigations and audits of such programs. The 
guidance shall, at a minimum, provide a cost-effective analysis of 
motor vehicle inspection and maintenance programs, cover the frequency 
of inspections, the types of vehicles to be inspected (which shall 
include leased vehicles that are registered in the nonattainment area), 
vehicle maintenance by owners and operators, audits by the State, the 
test method and measures, including whether centralized or 
decentralized, inspection methods and procedures, quality of 
inspection, components covered, assurance that a vehicle subject to a 
recall notice from a manufacturer has complied with that notice, and 
effective implementation and enforcement, including ensuring that any 
retesting of a vehicle after a failure shall include proof of 
corrective action and providing for denial of vehicle registration in 
the case of tampering or misfueling. The guidance which may be 
incorporated in the applicable State implementation plans by the States 
shall provide the States with continued reasonable flexibility to 
fashion effective, reasonable, and fair programs for the affected 
consumer. No later than 2 years after the Administrator promulgates 
regulations under section 202(m)(3) of the Clean Air Act (relating to 
emission control diagnostics), the State shall submit a revision to 
such program to meet any requirements that the Administrator may 
prescribe under that section.

SEC. 3. TIMING FOR STATES.

    The Environmental Protection Agency rule published on November 5, 
1992 (57 Fed. Reg. 52950) shall cease to have any force and effect 
after the enactment of this Act. Notwithstanding any other provision of 
law or regulation, each State with an applicable implementation plan 
under the Clean Air Act that contains provisions for an enhanced motor 
vehicle inspection and maintenance program may, within one year from 
the publication of the guidance described in section 1, submit, revise, 
alter or amend such applicable implementation plan. In the interim, 
each such State shall incorporate each of the specific elements set 
forth in clauses (i), (ii), (iii), (iv), (v), and (vii) of subparagraph 
(C) of section 182(c)(3) of that Act as expeditiously as possible.

SEC. 4. CONFORMING AMENDMENTS.

    Section 182(c)(3) of the Clean Air Act is amended as follows:
            (1) In subparagraph (B) by striking ``shall comply'' and 
        inserting ``may comply''.
            (2) In subparagraph (C) by striking ``shall include'' and 
        inserting ``may include''.
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