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[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.

                                  <all>
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