[107th Congress Public Law 230]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ230.107]
[[Page 116 STAT. 1469]]
Public Law 107-230
107th Congress
An Act
To provide a temporary waiver from certain transportation conformity
requirements and metropolitan transportation planning requirements under
the Clean Air Act and under other laws for certain areas in New York
where the planning offices and resources have been destroyed by acts of
terrorism, and for other purposes. <<NOTE: Oct. 1, 2002 - [H.R.
3880]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CLEAN AIR TRANSPORTATION CONFORMITY; TEMPORARY WAIVER FOR NEW
YORK AREAS.
(a) Temporary Waiver.--Notwithstanding any other provision of law,
until September 30, 2005, the provisions of section 176(c) of the Clean
Air Act, and the regulations promulgated thereunder, shall not apply to
transportation projects, programs, and plans (as defined in 40 C.F.R.
Part 93, Subpart A) for the counties of New York, Queens, Kings, Bronx,
Richmond, Nassau, Suffolk, Westchester, Rockland, Putnam, or the towns
of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and
Woodbury in Orange County, New York. The preceding sentence shall not
apply to the regulations under section 176(c)(4)(B)(i) of such Act
relating to Federal and State interagency consultation procedures.
(b) <<NOTE: Deadline.>> Interim Progress Report.--Not later than
January 1, 2004, the Governor of New York shall submit to the Committees
on Energy and Commerce and Transportation and Infrastructure of the
House of Representatives, the Committee on Environment and Public Works
of the Senate, the Administrator of the Environmental Protection Agency,
and the Secretary of Transportation a report regarding the status of the
State's progress towards achieving compliance with the provisions of law
and regulation subject to the temporary waiver provided by subsection
(a). Such report shall explain in detail the steps that the State has
taken towards achieving such compliance and identify the necessary steps
that remain to be taken by September 30, 2005, in order for the
transportation projects, programs, and plans for the counties referred
to in subsection (a) to be in compliance with the provisions of section
176(c) of the Clean Air Act, and the regulations promulgated thereunder,
by September 30, 2005. The report shall also include a regional
emissions analysis generally consistent with the requirements of 40 CFR
93.122, together with the relevant air quality data.
SEC. 2. METROPOLITAN PLANNING REQUIREMENTS; TEMPORARY WAIVER FOR NEW
YORK AREAS.
Notwithstanding any other provision of law, until September 30,
2005, the provisions of sections 134(h)(1)(D), 134(i)(3), 134(i)(5),
[[Page 116 STAT. 1470]]
and 134(l)(1) of title 23 of the United States Code and sections
5304(a)(1), 5305(c), and 5305(e)(1) of title 49 of the United States
Code and the regulations promulgated thereunder, shall not apply to the
New York Metropolitan Transportation Council or to the Metropolitan
Planning Organization designated under section 134(b) of title 23 of the
United States Code.
SEC. 3. ADDITIONAL REQUIREMENTS.
(a) Prohibition on Capacity Expansion.--During the period of the
temporary transportation conformity waiver for transportation plans,
programs, and projects under section 1, no regionally significant
capacity expanding highway project shall be added to the Regional
Transportation Plan for the counties referred to in section 1 and no
such project may be advanced from the out years of the Plan into the
TIP, except as provided in subsection (b).
(b) Exception.--Any regionally significant capacity expanding
highway project south of Canal Street and West of Broadway in Manhattan
may be added to the Plan referred to in subsection (a) if--
(1) the project is part of a redevelopment plan for lower
Manhattan subject to NEPA and the New York State Environmental
Quality Act, as applicable; and
(2) any projected increases in transportation related
emissions resulting from the project are offset by corresponding
reductions within the affected county, with best efforts made to
secure reductions from within the immediate area affected by the
project's emissions.
Approved October 1, 2002.
LEGISLATIVE HISTORY--H.R. 3880:
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HOUSE REPORTS: No. 107-649 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Sept. 10, considered and passed House.
Sept. 12, considered and passed Senate.
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