[Congressional Record Volume 141, Number 11 (Thursday, January 19, 1995)]
[Senate]
[Pages S1233-S1234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GREGG (for himself, Mrs. Hutchison, Mr. Lott, Mr. Gramm, 
        Mr. Nickles, and Mr. Warner):
  S. 248. A bill to delay the required implementation date for enhanced 
vehicle inspection and maintenance programs under the Clean Air Act and 
to require the Administrator of the Environmental Protection Agency to 
reissue the regulations relating to the programs, and for other 
purposes; to the Committee on Environment and Public Works.


                 the auto inspection reform act of 1995

 Mr. GREGG. Mr. President, I introduce the Auto Inspection 
Reform [AIR] Act of 1995. I am pleased that Senators Hutchison, Lott, 
Gramm, Nickles, and Warner have joined as cosponsors. This legislation 
will postpone the implementation of the enhanced vehicle inspection and 
maintenance programs under the Clean Air Act until March 1, 1996. The 
bill requires EPA to reissue the regulations relating to these 
programs, and to reassess its initial position that effectively 
mandated centralized tests.
  Under the 1990 Clean Air Act, Congress imposed enhanced auto emission 
inspection and maintenance requirements on States in nonattainment 
areas and on States in the statutory-mandated Northeast ozone transport 
region. Under the act, Congress provided a clear option to centralized 
systems for States that proved that decentralized testing could be as 
effective.
  Despite the clear statutory language that indicates Congress wanted 
decentralized testing to be a viable option, EPA has acted to 
fundamentally undermine this congressional intent. Through two 
decisions, EPA has effectively forced States to adopt centralized 
systems. First, EPA determined that an extremely high cost test known 
as the IM-240 was mandated under the act. Second, EPA determined that 
the pollution reduction that States say can be achieved by a 
decentralized system must be discounted by roughly 50 percent.
  As a result, States have either yielded to EPA's mandate, or are 
trying to get EPA to change its views. States that chose the first 
course are facing a citizen rebellion and States choosing the second 
are facing a brick wall. If a State does not meet the enhanced 
emissions testing requirements to EPA's satisfaction, the Agency can 
have the State's Federal highway funding cut off.
  EPA has just recently indicated a willingness to reconsider and 
negotiate increased flexibility with some of the affected States' 
Governors and not implement fines for States moving forward in ``good 
faith.'' This is a good first step. However, it has only been 
implemented on a State-by-State basis and EPA has yet to issue any 
codified guidance to define this apparent change in policy. States 
remain at the mercy of EPA's discretion. I believe that any new policy 
should be formalized to provide States certainty and predictability. 
This bill will help ensure that the Clean Air Act will be complied with 
by giving States the necessary flexibility to implement the most 
suitable inspection program for their States. I urge my colleagues to 
give this bill careful consideration.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 248

       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 ``Auto Inspection Reform (AIR) 
     Act of 1995''.

     SEC. 2. 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 the Clean Air 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 Act 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 the Clean Air 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 the Act (42 U.S.C. 7401 
     et seq.); and
       (B) provide States a reasonable opportunity to comply with 
     the new regulations and implement any decentralized testing 
     programs that the States demonstrate are equally effective as 
     centralized programs.

     SEC. 3. 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) of the Clean Air Act (42 U.S.C. 7511a(c)(3)) prior 
     to March 1, 1996.
       (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 on March 1, 1996--
       (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, 
     or, at the option of each State, on any decentralized basis 
     if the State demonstrates that such a decentralized program 
     is equally effective as a centralized program.
       (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))--
       (i) make reasonably available to States the option of 
     operation of the program described [[Page S1234]] in 
     subsection (a) on any decentralized basis if the State 
     demonstrates that such a decentralized program is equally 
     effective as a centralized program; 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) of the Act (42 U.S.C. 7511a(c)(3)) 
     based on the new regulations, which revision shall replace 
     any revision to a plan previously submitted by the State 
     under section 182(c)(3) of the Act; and
       (ii) include a schedule that provides States a reasonable 
     opportunity to implement any new revisions to plans that the 
     States 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 the 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--
       (1) deem that the emission reductions calculated by States 
     for inspection and maintenance under their State 
     implementation plans would be achieved as if the planned 
     program had been implemented; or
       (2) if appropriate, 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.
                                 ______