PUBLIC LAW 107–230—OCT. 1, 2002 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.

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) 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),

Deadline.

Oct. 1, 2002

[H.R. 3880]

116 STAT. 1470 PUBLIC LAW 107–230—OCT. 1, 2002

LEGISLATIVE HISTORY—H.R. 3880:

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.

Æ

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.