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104TH CONGRESS

1ST SESSION H. R. 307

To modify certain regulatory requirements of the Environmental Protection

Agency regarding motor vehicle inspection and maintenance, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. KLINK introduced the following bill; which was referred to the Committee

on Commerce

A BILL

To modify certain regulatory requirements of the Environmental Protection Agency regarding motor vehicle inspection and maintenance, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Clean Air Flexibility

5 Act of 1995’’.

6 SEC. 2. REVIEW AND REPUBLICATION OF EPA GUIDANCE.

7 Within 12 months after the date of the enactment

8 of this Act, the Administrator of the Environmental Pro9 tection Agency shall review, revise, update, and republish
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1 in the Federal Register the guidance for the States for

2 motor vehicle inspection and maintenance programs re3 quired by the Clean Air Act, taking into consideration the

4 Administrator’s investigations and audits of such pro5 grams. The guidance shall, at a minimum, provide a cost6 effective analysis of motor vehicle inspection and mainte7 nance programs, cover the frequency of inspections, the

8 types of vehicles to be inspected (which shall include leased

9 vehicles that are registered in the nonattainment area),

10 vehicle maintenance by owners and operators, audits by

11 the State, the test method and measures, including wheth12 er centralized or decentralized, inspection methods and

13 procedures, quality of inspection, components covered, as14 surance that a vehicle subject to a recall notice from a

15 manufacturer has complied with that notice, and effective

16 implementation and enforcement, including ensuring that

17 any retesting of a vehicle after a failure shall include proof

18 of corrective action and providing for denial of vehicle reg19 istration in the case of tampering or misfueling. The guid20 ance which may be incorporated in the applicable State

21 implementation plans by the States shall provide the

22 States with continued reasonable flexibility to fashion ef23 fective, reasonable, and fair programs for the affected

24 consumer. No later than 2 years after the Administrator

25 promulgates regulations under section 202(m)(3) of the
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1 Clean Air Act (relating to emission control diagnostics),

2 the State shall submit a revision to such program to meet

3 any requirements that the Administrator may prescribe

4 under that section.

5 SEC. 3. TIMING FOR STATES.

6 The Environmental Protection Agency rule published

7 on November 5, 1992 (57 Fed. Reg. 52950) shall cease

8 to have any force and effect after the enactment of this

9 Act. Notwithstanding any other provision of law or regula10 tion, each State with an applicable implementation plan

11 under the Clean Air Act that contains provisions for an

12 enhanced motor vehicle inspection and maintenance pro13 gram may, within one year from the publication of the

14 guidance described in section 1, submit, revise, alter or

15 amend such applicable implementation plan. In the in16 terim, each such State shall incorporate each of the spe17 cific elements set forth in clauses (i), (ii), (iii), (iv), (v),

18 and (vii) of subparagraph (C) of section 182(c)(3) of that

19 Act as expeditiously as possible.

20 SEC. 4. CONFORMING AMENDMENTS.

21 Section 182(c)(3) of the Clean Air Act is amended

22 as follows:

23 (1) In subparagraph (B) by striking ‘‘shall

24 comply’’ and inserting ‘‘may comply’’.
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1 (2) In subparagraph (C) by striking ‘‘shall in2 clude’’ and inserting ‘‘may include’’.

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