[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1053 Reported in Senate (RS)]






                                                       Calendar No. 430
106th CONGRESS
  2d Session
                                S. 1053

                          [Report No. 106-228]

  To amend the Clean Air Act to incorporate certain provisions of the 
 transportation conformity regulations, as in effect on March 1, 1999.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 1999

  Mr. Bond  (for himself, Mr. Gramm, Mr. Coverdell, Mr. Ashcroft, Mr. 
     Helms, Mr. Abraham, Mr. Warner, Mr. Roberts, Mr. Inhofe, Mrs. 
  Hutchison, Mr. McConnell, Mr. Cochran, Mr. Sessions, Mr. Lott, Mr. 
  Hutchinson, Mr. Smith of New Hampshire, Mr. Bennett, Mr. Crapo, Mr. 
Shelby, Mr. Murkowski, and Mr. Bunning) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                            February 2, 2000

       Reported by Mr. Smith of New Hampshire, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend the Clean Air Act to incorporate certain provisions of the 
 transportation conformity regulations, as in effect on March 1, 1999.

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

<DELETED>SECTION 1. DETERMINATION OF TRANSPORTATION 
              CONFORMITY.</DELETED>

<DELETED>    Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is 
amended by adding at the end the following:</DELETED>
        <DELETED>    ``(6) Determination of transportation 
        conformity.--Notwithstanding any other provision of this 
        section, the following provisions of title 40, Code of Federal 
        Regulations, as in effect on March 1, 1999, are incorporated in 
        this Act: section 93.102(a)(1), section 93.102(c), section 
        93.118(e)(1), section 93.120(a)(2), section 93.121(a)(1), and 
        section 93.124(b).''</DELETED>

SECTION 1. INAPPLICABILITY OF TRANSPORTATION CONFORMITY FUNDING 
              PROHIBITION TO CERTAIN TRANSPORTATION PROJECTS.

    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 reductions 
        contained in a submitted implementation plan may be used in 
        lieu of an approved implementation plan if no 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 sentence 
        within 90 days after the date of submission of the estimates, 
        the estimates shall be deemed to be adequate.'';
            (2) in paragraph (2), by adding at the end the following:
                    ``(E) Extension of conformity determination after 
                approval of certain transportation projects.--
                            ``(i) In general.--Notwithstanding 
                        subparagraphs (C) and (D), any transportation 
                        project that received an approval described in 
                        clause (iii), after compliance with 
                        subparagraph (C) or (D), may be implemented 
                        even if the Administrator subsequently 
                        determines that the conformity of the 
                        applicable transportation plan and program to 
                        the applicable implementation plan has lapsed 
                        (referred to in this subsection as a 
                        `conformity lapse').
                            ``(ii) Transition provision.--
                        Notwithstanding subparagraphs (C) and (D), any 
                        transportation project that received an 
                        approval described in clause (iii) before March 
                        2, 1999, may be implemented without any 
                        additional conformity determination.
                            ``(iii) Types of approval.--An approval 
                        described in this clause is--
                                    ``(I) an approval of plans, 
                                specifications, and estimates under 
                                title 23, United States Code;
                                    ``(II) a full funding grant 
                                agreement under chapter 53 of title 49, 
                                United States Code; or
                                    ``(III) an approval or 
                                authorization equivalent to an approval 
                                or agreement under subclause (I) or 
                                (II).
                    ``(F) Extension of conformity determination for 
                reviewed projects.--Notwithstanding subparagraphs (C) 
                and (D), any transportation project for which a review 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) has been completed within the 2-
                year period preceding a conformity lapse may be 
                implemented for a period ending not later than 1 year 
                after the date of commencement of the lapse.'';
            (3) in paragraph (4)--
                    (A) in subparagraph (A)--
                            (i) by striking ``(4)(A) No'' and inserting 
                        the following:
            ``(4) Criteria and procedures for determining conformity.--
                    ``(A) Promulgation.--
                            ``(i) Initial promulgation.--Not''; and
                            (ii) by adding at the end the following:
                            ``(ii) Subsequent promulgation.--
                                    ``(I) In general.--Not later than 1 
                                year after the date of enactment of 
                                this clause, the Administrator shall 
                                promulgate criteria and procedures for 
                                demonstrating and ensuring conformity 
                                in the case of transportation plans, 
                                programs, and projects.
                                    ``(II) Effective date of prior 
                                regulations.--Regulations promulgated 
                                under clause (i) and in effect before 
                                March 2, 1999, shall be in effect as 
                                originally promulgated, notwithstanding 
                                the decision of the court in 
                                Environmental Defense Fund v. 
                                Environmental Protection Agency, 167 
                                F.3d 641 (D.C. Cir. 1999)--
                                            ``(aa) beginning on the 
                                        date of enactment of this 
                                        clause; and
                                            ``(bb) ending on the 
                                        earlier of the effective date 
                                        of regulations promulgated 
                                        under this clause or 1 year 
                                        after the date of enactment of 
                                        this clause.
                                    ``(III) Applicability of 
                                regulations.--
                                            ``(aa) Initial 
                                        regulations.--The regulations 
                                        described in subclause (II) 
                                        shall apply to any conformity 
                                        lapse that occurs before the 
                                        effective date of regulations 
                                        promulgated under subclause (I) 
                                        but only until the date of 
                                        promulgation of the regulations 
                                        under subclause (I).
                                            ``(bb) Subsequent 
                                        regulations.--The regulations 
                                        promulgated under subclause (I) 
                                        shall apply to any conformity 
                                        lapse that occurs on or after 
                                        the effective date of 
                                        regulations promulgated under 
                                        subclause (I).
                                    ``(IV) Action to compel 
                                promulgation.--A civil action may be 
                                brought against the Administrator under 
                                section 304 to compel promulgation of 
                                regulations under this clause.''; and
                    (B) in subparagraph (B)--
                            (i) in clause (ii), by striking ``and'' at 
                        the end;
                            (ii) in clause (iii), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(iv) provide for a period of 90 days between--
                    ``(I) the date on which a State implementation plan 
                under section 110 is disapproved; and
                    ``(II) the effective date of the prohibition on 
                approval, acceptance, or funding under this 
                subsection.''; and
            (4) by adding at the end the following:
            ``(6) Activity during a conformity lapse.--
                    ``(A) Attribution of non-federal funds.--In the 
                case of a project for which a review under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) has been completed, non-Federal funds applied 
                toward right-of-way acquisition or design activities 
                during a period of conformity lapse may be attributed 
                to a State's obligated share of project funding under 
                title 23 or title 49, United States Code, at such time 
                as a transportation plan or transportation improvement 
                program that includes the project is determined to 
                conform to the implementation plan.
                    ``(B) Mass transportation projects.--During a 
                period of conformity lapse, the prohibition on 
                approval, acceptance, or funding under this subsection 
                shall not apply to the funding of any project for mass 
                transportation (as defined in section 5302 of title 49, 
                United States Code).''.

SEC. 2. EFFECT OF REVISED OZONE STANDARD ON CONFORMITY DETERMINATIONS.

    Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) (as amended 
by section 1(4)) is amended by adding at the end the following:
            ``(7) Effect of revised ozone standard.--
                    ``(A) In general.--Until the date described in 
                subparagraph (B), notwithstanding any other provision 
                of law, an area shall not be considered to be out of 
                conformity with an implementation plan under this Act 
                for the sole reason that the area is a nonattainment 
                area under section 107 with respect to a revised 
                national ambient air quality standard for ozone 
                promulgated after January 1, 1997.
                    ``(B) Date.--For any area, the date referred to in 
                subparagraph (A) is the date that is 1 year after the 
                date on which the Administrator determines to be 
                adequate, with respect to the area, the estimates of 
                emissions from motor vehicles and necessary emissions 
                reductions contained in an implementation plan, 
                regardless of whether the implementation plan itself 
                has been approved.''.




                                                       Calendar No. 430

106th CONGRESS

  2d Session

                                S. 1053

                          [Report No. 106-228]

_______________________________________________________________________

                                 A BILL

  To amend the Clean Air Act to incorporate certain provisions of the 
 transportation conformity regulations, as in effect on March 1, 1999.

_______________________________________________________________________

                            February 2, 2000

                       Reported with an amendment