[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 46 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                 H. R. 46

 To delay for two years the required implementation date for enhanced 
vehicle inspection and maintenance programs under the Clean Air Act, to 
  require the Administrator of the Environmental Protection Agency to 
   reissue regulations relating to such programs, to provide for the 
        redesignation of certain areas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

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

_______________________________________________________________________

                                 A BILL


 
 To delay for two years the required implementation date for enhanced 
vehicle inspection and maintenance programs under the Clean Air Act, to 
  require the Administrator of the Environmental Protection Agency to 
   reissue regulations relating to such programs, to provide for the 
        redesignation of certain areas, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

           TITLE I--MOTOR VEHICLE INSPECTION AND MAINTENANCE

SEC. 101. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that, in carrying out title I of the 
Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator of the 
Environmental Protection Agency (referred to in this Act as the 
``Administrator'') has failed to--
            (1) adequately consider alternative programs to centralized 
        vehicle emission testing programs, as required by section 
        182(c)(3)(C)(vi) of such Act (42 U.S.C. 7511a(c)(3)(C)(vi)); 
        and
            (2) provide adequate credit to States for the alternative 
        programs.
    (b) Purpose.--The purpose of this title is to require the 
Administrator to--
            (1) reassess the determinations of the Administrator with 
        respect to the equivalency of centralized and decentralized 
        programs under section 182(c)(3)(C)(vi) of such Act (42 U.S.C. 
        7511a(c)(3)(C)(vi)); and
            (2) issue new regulations governing the programs that--
                    (A) result in minimum disruption to the ability of 
                States to comply with other requirements of such Act 
                (42 U.S.C. 7401 et seq.); and
                    (B) provide States a reasonable opportunity to 
                comply with the new regulations and implement 
                decentralized testing programs.

SEC. 102. IMPLEMENTATION OF ENHANCED VEHICLE INSPECTION PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law, a 
State shall not be required to implement an enhanced vehicle inspection 
and maintenance program under section 182(c)(3)(42 U.S.C. 7511a(c)(3)) 
or section 184 (42 U.S.C. 7511c) of the Clean Air Act before the date 2 
years after the date of the enactment of this Act.
    (b) Reassessment of Regulations.--
            (1) In general.--The Administrator shall--
                    (A) immediately rescind the regulations issued on 
                November 5, 1992 (57 Fed. Reg. 52950), relating to 
                operation of the program described in subsection (a) on 
                a centralized basis; and
                    (B) during the period beginning on the date of 
                enactment of this Act and ending 2 years thereafter--
                            (i) reassess the determinations made by the 
                        Administrator with respect to operation of the 
                        program described in subsection (a) on a 
                        centralized basis, taking into consideration 
                        comments submitted by States; and
                            (ii) issue new regulations relating to 
                        operation of the program described in 
                        subsection (a) on a centralized basis.
            (2) Requirements.--The regulations issued under paragraph 
        (1)(B)(ii) shall--
                    (A) in accordance with the intent of section 
                182(c)(3)(C)(vi) of the Clean Air Act (42 U.S.C. 
                7511a(c)(3)(C)(vi)) and section 184 of that Act (42 
                U.S.C. 7511c)--
                            (i) make reasonably available to States the 
                        option of operation of the program described in 
                        subsection (a) on a decentralized basis; and
                            (ii) establish criteria that a State must 
                        meet in order to demonstrate that a 
                        decentralized program of the State is equally 
                        effective as a centralized program; and
                    (B)(i) provide each State a reasonable opportunity 
                to submit (at the option of the State) a new revision 
                to a plan under section 182(c)(3) (42 U.S.C. 
                7511a(c)(3)) or 184 (42 U.S.C. 7511c) of such Act based 
                on the new regulations, which revision shall replace 
                any revision to a plan previously submitted by the 
                State under section 182(c)(3) or 184 of such Act; and
                    (ii) include a schedule that provides States a 
                reasonable opportunity to implement any new revisions 
                to plans that they submit.
            (3) Judicial review.--Notwithstanding section 706 of title 
        5, United States Code, or any other provision of law, if the 
        regulations issued pursuant to paragraph (1)(B)(ii) are 
        reviewed by a court, the court shall hold unlawful and set 
        aside the regulations if the regulations are found to be 
        unsupported by a preponderance of the evidence.
    (c) Prohibition on Imposition of Sanctions.--Until such time as the 
Administrator has carried out subsection (b)(1)--
            (1) the Administrator may not issue a finding, disapproval, 
        or determination under section 179(a) of the Clean Air Act (42 
        U.S.C. 7509(a)), or apply a sanction specified in section 
        179(b) of such Act, to a State with respect to a failure to 
        implement a program described in subsection (a), or any portion 
        of such a program; and
            (2) the Administrator and the Administrator of the Federal 
        Highway Administration of the Department of Transportation may 
        not take any adverse action, against a State with respect to a 
        failure described in paragraph (1), under
                    (A) section 176 of the Clean Air Act (42 U.S.C. 
                7506);
                    (B) chapter 53 of title 49, United States Code;
                    (C) subpart T of part 51, or subpart A of part 93, 
                of title 40, Code of Federal Regulations (commonly 
                known as the ``transportation conformity rule''); or
                    (D) part 6, 51, or 93 of title 40, Code of Federal 
                Regulations (commonly known as the ``general conformity 
                rule'').
    (d) Full Credit for Decentralized Programs.--Until such time as the 
Administrator has carried out subsection (b)(1), for the purpose of the 
attainment demonstration and the reasonable further progress 
demonstration required under section 182(c)(2) of the Clean Air Act (42 
U.S.C. 7511a(c)(2)), the Administrator shall consider the operation of 
the program described in subsection (a) on a decentralized basis as 
equivalent to the operation of the program on a centralized basis in 
any case in which a State demonstrates that a determination of such an 
equivalency is reasonable.
    (e) Vehicle Inspection and Maintenance in Ozone Transport 
Regions.--Section 184(b)(1)(A) of the Clean Air Act (42 U.S.C. 
7511c(b)(1)(A)) is amended by striking ``182(c)(2)(A)(pertaining to 
enhanced vehicle inspection and maintenance programs)'' and inserting 
``182(b)(4)(relating to motor vehicle inspection and maintenance) or, 
in the case of an area classified as serious, severe, or extreme, 
section 182(c)(3)(A)(relating to enhanced vehicle inspection and 
maintenance programs)''.

              TITLE II--REDESIGNATION OF ATTAINMENT AREAS

SEC. 201. FINDINGS.

    The Congress finds that--
            (1) The year 1988 was a climatological anomaly, with data 
        collection revealing unparalleled, frequent, and high 
        temperatures.
            (2) The frequency and persistence of high temperature days 
        are the most significant factors in causing ambient ozone air 
        pollution episodes.
            (3) The number of ambient ozone air pollution exceedance 
        days on a national average (excluding the State of California) 
        was 607 days in 1988, compared to 104 days in 1993, and 93 days 
        in 1994.
            (4) In a 3-year measurement of ozone which included 1988 
        data, the Environmental Protection Agency found 98 regions as 
        ozone nonattainment under the Clean Air Act.
            (5) In a 3-year average of ozone measurement excluding 1988 
        data, the Environmental Protection Agency found 41 of the 98 
        previously designated nonattainment regions registering ozone 
        attainment under the Clean Air Act for the consecutive years 
        1991, 1992, 1993.

SEC. 202. REDESIGNATION AS ATTAINMENT.

    Section 107(d)(3)(B) of the Clean Air Act (42 U.S.C. 7407(d)(3)(B)) 
is amended by inserting ``(i)'' after ``(B)'', and adding the following 
new clause (ii) at the end thereof:
            ``(ii) Notwithstanding any other provision of this 
        paragraph, if the Governor submits a redesignation of an 
        appropriate area, or portion thereof, from nonattainment to 
        attainment, and such designation is based upon the attainment 
        of the relevant National Ambient Air Quality Standard for 3 
        consecutive years, such redesignation shall become effective 
        immediately upon receipt by the Administrator.''.
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