[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5732 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5732

 To amend the Clean Air Act regarding the conformity of transportation 
       projects to implementation plans, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2002

Mr. Brady 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 
2002''.

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>