I

104TH CONGRESS

1ST SESSION H. R. 46

To delay for two years the required implementation date for enhanced vehicle

inspection and maintenance programs under the Clean Air Act, to require

the Administrator of the Environmental Protection Agency to reissue

regulations relating to such programs, to provide for the redesignation

of certain areas, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

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

on Commerce

A BILL

To delay for two years the required implementation date

for enhanced vehicle inspection and maintenance programs under the Clean Air Act, to require the Administrator of the Environmental Protection Agency to reissue

regulations relating to such programs, to provide for

the redesignation of certain areas, 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,
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1 TITLE I—MOTOR VEHICLE

2 INSPECTION AND MAINTENANCE

3 SEC. 101. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—Congress finds that, in carrying out

5 title I of the Clean Air Act (42 U.S.C. 7401 et seq.), the

6 Administrator of the Environmental Protection Agency

7 (referred to in this Act as the ‘‘Administrator’’) has failed

8 to—

9 (1) adequately consider alternative programs to

10 centralized vehicle emission testing programs, as re11 quired by section 182(c)(3)(C)(vi) of such Act (42

12 U.S.C. 7511a(c)(3)(C)(vi)); and

13 (2) provide adequate credit to States for the al14 ternative programs.

15 (b) PURPOSE.—The purpose of this title is to require

16 the Administrator to—

17 (1) reassess the determinations of the Adminis18 trator with respect to the equivalency of centralized

19 and decentralized programs under section

20 182(c)(3)(C)(vi) of such Act (42 U.S.C.

21 7511a(c)(3)(C)(vi)); and

22 (2) issue new regulations governing the pro23 grams that—

24 (A) result in minimum disruption to the

25 ability of States to comply with other require-
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1 ments of such Act (42 U.S.C. 7401 et seq.);

2 and

3 (B) provide States a reasonable oppor4 tunity to comply with the new regulations and

5 implement decentralized testing programs.

6 SEC. 102. IMPLEMENTATION OF ENHANCED VEHICLE IN7 SPECTION PROGRAMS.

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, a State shall not be required to implement

10 an enhanced vehicle inspection and maintenance program

11 under section 182(c)(3)(42 U.S.C. 7511a(c)(3)) or section

12 184 (42 U.S.C. 7511c) of the Clean Air Act before the

13 date 2 years after the date of the enactment of this Act.

14 (b) REASSESSMENT OF REGULATIONS.—

15 (1) IN GENERAL.—The Administrator shall—

16 (A) immediately rescind the regulations is17 sued on November 5, 1992 (57 Fed. Reg.

18 52950), relating to operation of the program

19 described in subsection (a) on a centralized

20 basis; and

21 (B) during the period beginning on the

22 date of enactment of this Act and ending 2

23 years thereafter—

24 (i) reassess the determinations made

25 by the Administrator with respect to oper-
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1 ation of the program described in sub2 section (a) on a centralized basis, taking

3 into consideration comments submitted by

4 States; and

5 (ii) issue new regulations relating to

6 operation of the program described in sub7 section (a) on a centralized basis.

8 (2) REQUIREMENTS.—The regulations issued

9 under paragraph (1)(B)(ii) shall—

10 (A) in accordance with the intent of sec11 tion 182(c)(3)(C)(vi) of the Clean Air Act (42

12 U.S.C. 7511a(c)(3)(C)(vi)) and section 184 of

13 that Act (42 U.S.C. 7511c)—

14 (i) make reasonably available to

15 States the option of operation of the pro16 gram described in subsection (a) on a de17 centralized basis; and

18 (ii) establish criteria that a State

19 must meet in order to demonstrate that a

20 decentralized program of the State is

21 equally effective as a centralized program;

22 and

23 (B)(i) provide each State a reasonable op24 portunity to submit (at the option of the State)

25 a new revision to a plan under section 182(c)(3)
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1 (42 U.S.C. 7511a(c)(3)) or 184 (42 U.S.C.

2 7511c) of such Act based on the new regula3 tions, which revision shall replace any revision

4 to a plan previously submitted by the State

5 under section 182(c)(3) or 184 of such Act; and

6 (ii) include a schedule that provides States

7 a reasonable opportunity to implement any new

8 revisions to plans that they submit.

9 (3) JUDICIAL REVIEW.—Notwithstanding sec10 tion 706 of title 5, United States Code, or any other

11 provision of law, if the regulations issued pursuant

12 to paragraph (1)(B)(ii) are reviewed by a court, the

13 court shall hold unlawful and set aside the regula14 tions if the regulations are found to be unsupported

15 by a preponderance of the evidence.

16 (c) PROHIBITION ON IMPOSITION OF SANCTIONS.—

17 Until such time as the Administrator has carried out sub18 section (b)(1)—

19 (1) the Administrator may not issue a finding,

20 disapproval, or determination under section 179(a)

21 of the Clean Air Act (42 U.S.C. 7509(a)), or apply

22 a sanction specified in section 179(b) of such Act,

23 to a State with respect to a failure to implement a

24 program described in subsection (a), or any portion

25 of such a program; and
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1 (2) the Administrator and the Administrator of

2 the Federal Highway Administration of the Depart3 ment of Transportation may not take any adverse

4 action, against a State with respect to a failure de5 scribed in paragraph (1), under

6 (A) section 176 of the Clean Air Act (42

7 U.S.C. 7506);

8 (B) chapter 53 of title 49, United States

9 Code;

10 (C) subpart T of part 51, or subpart A of

11 part 93, of title 40, Code of Federal Regula12 tions (commonly known as the ‘‘transportation

13 conformity rule’’); or

14 (D) part 6, 51, or 93 of title 40, Code of

15 Federal Regulations (commonly known as the

16 ‘‘general conformity rule’’).

17 (d) FULL CREDIT FOR DECENTRALIZED PRO18 GRAMS.—Until such time as the Administrator has carried

19 out subsection (b)(1), for the purpose of the attainment

20 demonstration and the reasonable further progress dem21 onstration required under section 182(c)(2) of the Clean

22 Air Act (42 U.S.C. 7511a(c)(2)), the Administrator shall

23 consider the operation of the program described in sub24 section (a) on a decentralized basis as equivalent to the

25 operation of the program on a centralized basis in any case
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1 in which a State demonstrates that a determination of

2 such an equivalency is reasonable.

3 (e) VEHICLE INSPECTION AND MAINTENANCE IN

4 OZONE TRANSPORT REGIONS.—Section 184(b)(1)(A) of

5 the Clean Air Act (42 U.S.C. 7511c(b)(1)(A)) is amended

6 by striking ‘‘182(c)(2)(A)(pertaining to enhanced vehicle

7 inspection and maintenance programs)’’ and inserting

8 ‘‘182(b)(4)(relating to motor vehicle inspection and main9 tenance) or, in the case of an area classified as serious,

10 severe, or extreme, section 182(c)(3)(A)(relating to en11 hanced vehicle inspection and maintenance programs)’’.

12 TITLE II—REDESIGNATION OF

13 ATTAINMENT AREAS

14 SEC. 201. FINDINGS.

15 The Congress finds that—

16 (1) The year 1988 was a climatological anom17 aly, with data collection revealing unparalleled, fre18 quent, and high temperatures.

19 (2) The frequency and persistence of high tem20 perature days are the most significant factors in

21 causing ambient ozone air pollution episodes.

22 (3) The number of ambient ozone air pollution

23 exceedance days on a national average (excluding

24 the State of California) was 607 days in 1988, com25 pared to 104 days in 1993, and 93 days in 1994.
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1 (4) In a 3-year measurement of ozone which in2 cluded 1988 data, the Environmental Protection

3 Agency found 98 regions as ozone nonattainment

4 under the Clean Air Act.

5 (5) In a 3-year average of ozone measurement

6 excluding 1988 data, the Environmental Protection

7 Agency found 41 of the 98 previously designated

8 nonattainment regions registering ozone attainment

9 under the Clean Air Act for the consecutive years

10 1991, 1992, 1993.

11 SEC. 202. REDESIGNATION AS ATTAINMENT.

12 Section 107(d)(3)(B) of the Clean Air Act (42 U.S.C.

13 7407(d)(3)(B)) is amended by inserting ‘‘(i)’’ after ‘‘(B)’’,

14 and adding the following new clause (ii) at the end thereof:

15 ‘‘(ii) Notwithstanding any other provision of

16 this paragraph, if the Governor submits a redesigna17 tion of an appropriate area, or portion thereof, from

18 nonattainment to attainment, and such designation

19 is based upon the attainment of the relevant Na20 tional Ambient Air Quality Standard for 3 consecu21 tive years, such redesignation shall become effective

22 immediately upon receipt by the Administrator.’’.

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