I 

108TH CONGRESS 

1ST SESSION H. R. 673

To amend the Clean Air Act regarding the conformity of transportation 

projects to implementation plans, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2003

Mr. BRADY of Texas (for himself and Mr. GREEN of Texas) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL

To amend the Clean Air Act regarding the conformity of 

transportation projects to implementation plans, 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 ‘‘Safe Highways and 

5 Roads Act of 2003’’. 

6 SEC. 2. AMENDMENTS TO THE CLEAN AIR ACT REGARDING 

7 ESTIMATES OF EMISSIONS AND CONFORMITY 

8 REQUIREMENT. 

9 (a) AMENDMENTS.—Section 176(c) of the Clean Air 

10 Act (42 U.S.C. 7506(c)) is amended—
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1 (1) in paragraph (1), by adding at the end the 

2 following: ‘‘For the purpose of this subsection, esti3 mates of emissions from motor vehicles and nec4 essary emissions reduction contained in an imple5 mentation plan submitted under section 110 may be 

6 used in lieu of an implementation plan approved 

7 under section 110 if no such approved implementa8 tion plan is available. If the Administrator does not 

9 determine the adequacy of any estimates of emis10 sions submitted to the Administrator for use under 

11 the preceding sentences within 90 days after the 

12 date of submission of the estimates, the estimates 

13 shall be deemed to be adequate.’’; and 

14 (2) in paragraph (2)—

15 (A) by striking the period at the end of 

16 subparagraph (C) and inserting a semicolon; 

17 (B) in subparagraph (D)—

18 (i) by striking ‘‘Any project’’ and in19 serting ‘‘any project’’; and 

20 (ii) by striking the period at the end 

21 and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(E) notwithstanding subparagraphs (C) 

24 and (D), a transportation project may proceed 

25 during a conformity lapse of the applicable 
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1 transportation plan or transportation improve2 ment program if—

3 ‘‘(i) the project was included in the 

4 first 3 years of the most recently con5 forming transportation plan and transpor6 tation improvement program (or the con7 formity determination’s regional emissions 

8 analysis); and 

9 ‘‘(ii) the design concept and scope of 

10 such project have not changed significantly 

11 from those analyses.’’. 

12 (b) CRITERIA AND PROCEDURES.—

13 (1) REVISION.—Not later than 1 year after the 

14 date of enactment of this Act, and in accordance 

15 with the amendments made by subsection (a), the 

16 Administrator of the Environmental Protection 

17 Agency shall promulgate revised criteria and proce18 dures under section 176(c)(4)(A) of the Clean Air 

19 Act (42 U.S.C. 7506(c)(4)(A)). 

20 (2) TRANSITIONAL PROVISION.—Notwith21 standing the decision of the court in Environmental 

22 Defense Fund v. Environmental Protection Agency, 

23 167 F.3d 641 (D.C. Cir. 1999), regulations promul24 gated under section 176(c)(4)(A) of the Clean Air 
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1 Act (42 U.S.C. 7506(c)(4)(A)) shall apply as in ef2 fect on March 1, 1999—

3 (A) beginning on the date of enactment of 

4 this Act; and 

5 (B) ending on the effective date of the cri6 teria and procedures revised under paragraph 

7 (1).

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