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‘‘(III) use of alternative transpor-
tation modes; and
‘‘(IV) use of revenues to meet
transportation or impact mitigation
needs.
‘‘(B) REPORTS
TO
CONGRESS.—The Sec-
retary shall submit to the Committee on Envi-
ronment and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives—
‘‘(i) not later than 1 year after the
date of enactment of this subsection, and
annually thereafter, a report that describes
in detail the uses of funds under this sub-
section in accordance with paragraph
(8)(D); and
‘‘(ii) not later than 3 years after the
date of enactment of this subsection, and
every 3 years thereafter, a report that de-
scribes any success of the program under
this subsection in meeting congestion reduc-
tion and other performance goals established
for FAST lane programs.
‘‘(8) FUNDING.—
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‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
from the Highway Trust Fund (other than the
Mass Transit Account) to carry out pre-imple-
mentation studies and post-implementation eval-
uations of projects planned or implemented
under this subsection $10,324,918 for each of fis-
cal years 2005 through 2009.
‘‘(B) AVAILABILITY.—Funds allocated by
the Secretary to a State under this subsection
shall remain available for obligation by the State
for a period of 3 years after the last day of the
fiscal year for which the funds were authorized.
‘‘(C) CONTRACT
AUTHORITY.—Funds au-
thorized to be appropriated under this para-
graph shall be available for obligation in the
same manner as if the funds were apportioned
under this chapter, except that the Federal share
of the cost of any project carried out under this
subsection and the availability of funds author-
ized by this paragraph shall be determined in
accordance with this subsection.
‘‘(D) 
PROGRAM
PROMOTION.—Notwith-
standing any other provision of this section, the
Secretary shall use an amount not to exceed 2
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percent of the funds made available under sub-
paragraph (A)—
‘‘(i) to make grants to promote the
purposes of the program under this sub-
section;
‘‘(ii) to provide technical support to
State and local governments or other public
or private entities involved in implementing
or considering FAST lane programs; and
‘‘(iii) to conduct research on variable
pricing that will support State or local ef-
forts to initiate those pricing requirements.
‘‘(E) EFFECT ON OTHER APPORTIONMENTS
AND ALLOCATIONS.—Revenues collected from tolls
established under this subsection shall not be
taken into account in determining the apportion-
ments and allocations that any State or trans-
portation district within a State shall be entitled
to receive under or in accordance with this chap-
ter.
‘‘(9) COMPLIANCE.—The Secretary shall ensure
that any project or activity carried out under this
section complies with requirements under section 106
of this title and section 307 of title 49.
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‘‘(10) VOLUNTARY USE.—Nothing in this sub-
section requires any highway user to use a FAST
lane.
‘‘(11) ENVIRONMENTAL
REQUIREMENTS.—Noth-
ing in this subsection affects any environmental re-
quirement applicable to the construction or operation
of an eligible toll facility under this title or any other
provision of law.’’.
(c) CONFORMING AMENDMENTS.—
(1) IN
GENERAL.—Section 1012 of the Inter-
modal Surface Transportation Efficiency Act (23
U.S.C. 149 note; 105 Stat. 1938; 112 Stat. 211) is
amended by striking subsection (b).
(2) 
CONTINUATION
OF
PROGRAM.—Notwith-
standing the amendment made by paragraph (1), the
Secretary shall monitor and allow any value pricing
program established under a cooperative agreement in
effect on the day before the date of enactment of this
Act to continue.
SEC. 1610. FEDERAL REFERENCE METHOD.
(a) IN GENERAL.—Section 6102 of the Transportation
Equity Act for the 21st Century (42 U.S.C. 7407 note; 112
Stat. 464) is amended by striking subsection (e) and insert-
ing the following:
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‘‘(e) FIELD STUDY.—Not later than 2 years after the
date of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005, the Adminis-
trator shall—
‘‘(1) conduct a field study of the ability of the
PM2.5 Federal Reference Method to differentiate those
particles that are larger than 2.5 micrometers in di-
ameter;
‘‘(2) develop a Federal reference method to meas-
ure directly particles that are larger than 2.5 mi-
crometers in diameter without reliance on subtracting
from coarse particle measurements those particles that
are equal to or smaller than 2.5 micrometers in di-
ameter;
‘‘(3) develop a method of measuring the composi-
tion of coarse particles; and
‘‘(4) submit a report on the study and respon-
sibilities of the Administrator under paragraphs (1)
through (3) to—
‘‘(A) the Committee on Commerce of the
House of Representatives; and
‘‘(B) the Committee on Environment and
Public Works of the Senate.’’.
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SEC. 1611. ADDITION OF PARTICULATE MATTER AREAS TO
CMAQ.
(a) IN GENERAL.—Section 104(b)(2) of title 23,
United States Code, is amended—
(1) in subparagraph (B)—
(A) in the matter preceding clause (i), by
striking ‘‘ozone or carbon monoxide’’ and insert-
ing ‘‘ozone, carbon monoxide, or fine particulate
matter (PM2.5)’’;
(B) by striking clause (i) and inserting the
following:
‘‘(i) 1.0, if at the time of apportion-
ment, the area is a maintenance area;’’;
(C) in clause (vi), by striking ‘‘or’’ after the
semicolon; and
(D) in clause (vii)—
(i) by striking ‘‘area as described in
section 149(b) for ozone,’’ and inserting
‘‘area for ozone (as described in section
149(b) or for PM–2.5’’; and
(ii) by striking the period at the end
and inserting a semicolon;
(2) by adding at the end the following:
‘‘(viii) 1.0 if, at the time of apportion-
ment, any county that is not designated as
a nonattainment or maintenance area
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under the 1-hour ozone standard is des-
ignated as nonattainment under the 8-hour
ozone standard; or
‘‘(ix) 1.2 if, at the time of apportion-
ment, the area is not a nonattainment or
maintenance area as described in section
149(b) for ozone or carbon monoxide, but is
an area designated nonattainment under
the PM–2.5 standard.’’;
(3) by striking subparagraph (C) and inserting
the following:
‘‘(C) ADDITIONAL
ADJUSTMENT
FOR
CAR-
BON MONOXIDE AREAS.—If, in addition to being
designated as a nonattainment or maintenance
area for ozone as described in section 149(b), any
county within the area was also classified under
subpart 3 of part D of title I of the Clean Air
Act (42 U.S.C. 7512 et seq.) as a nonattainment
or maintenance area described in section 149(b)
for carbon monoxide, the weighted nonattain-
ment or maintenance area population of the
county, as determined under clauses (i) through
(vi) or clause (viii) of subparagraph (B), shall be
further multiplied by a factor of 1.2.’’;
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(4) by redesignating subparagraph (D) and (E)
as subparagraphs (E) and (F) respectively; and
(5) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) ADDITIONAL ADJUSTMENT FOR PM 2.5
AREAS.—If, in addition to being designated as a
nonattainment or maintenance area for ozone or
carbon monoxide, or both as described in section
149(b), any county within the area was also des-
ignated under the PM–2.5 standard as a non-
attainment or maintenance area, the weighted
nonattainment or maintenance area population
of those counties shall be further multiplied by a
factor of 1.2.’’.
(b) CONFORMING AMENDMENT.—Section 149(c)(2) of
title 23, United States Code, is amended by striking
‘‘104(b)(2)(D)’’ and inserting ‘‘104(b)(2)(E)’’.
SEC. 1612. ADDITION TO CMAQ-ELIGIBLE PROJECTS.
(a) ELIGIBLE PROJECTS.—Section 149(b) of title 23,
United States Code, is amended—
(1) in paragraph (4), by striking ‘‘or’’ at the
end;
(2) in paragraph (5), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
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‘‘(6) if the project or program is for the purchase
of alternative fuel (as defined in section 301 of the
Energy Policy Act of 1992 (42 U.S.C. 13211)) or bio-
diesel;
‘‘(7) if the project or program involves the pur-
chase of integrated, interoperable emergency commu-
nications equipment; or
‘‘(8) if the project or program is for—
‘‘(A) diesel retrofit technologies that are—
‘‘(i) for motor vehicles (as defined in
section 216 of the Clean Air Act (42 U.S.C.
7550)); or
‘‘(ii) published in the list under sub-
section (f)(5) for non-road vehicles and non-
road engines (as defined in section 216 of
the Clean Air Act (42 U.S.C. 7550)) that
are used in construction projects that are—
‘‘(I) located in nonattainment or
maintenance areas for ozone, PM10, or
PM2.5 (as defined under the Clean Air
Act (42 U.S.C. 7401 et seq.)); and
‘‘(II) funded, in whole or in part,
under this title; or
‘‘(B) outreach activities that are designed to
provide information and technical assistance to
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the owners and operators of diesel equipment
and vehicles regarding the emission reduction
strategy.’’.
(b) STATES RECEIVING MINIMUM APPORTIONMENT.—
Section 149(c) of title 23, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘for any
project eligible under the surface transportation pro-
gram under section 133.’’ and inserting the following:
‘‘for any project in the State that—
‘‘(A) would otherwise be eligible under this
section as if the project were carried out in a
nonattainment or maintenance area; or
‘‘(B) is eligible under the surface transpor-
tation program under section 133.’’; and
(2) in paragraph (2), by striking ‘‘for any
project in the State eligible under section 133.’’ and
inserting the following: ‘‘for any project in the State
that—
‘‘(A) would otherwise be eligible under this
section as if the project were carried out in a
nonattainment or maintenance area; or
‘‘(B) is eligible under the surface transpor-
tation program under section 133.’’.
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(c) RESPONSIBILITY OF STATES.—Section 149 of title
23, United States Code, is amended by adding at the end
the following:
‘‘(f) COST-EFFECTIVE EMISSION REDUCTION STRATE-
GIES.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency.
‘‘(B) CMAQ RESOURCES.—The term ‘CMAQ
resources’ means resources available to a State to
carry out the congestion mitigation and air
quality improvement program under this section.
‘‘(C) DIESEL RETROFIT TECHNOLOGY.—The
term ‘diesel retrofit technology’ means a replace-
ment, repowering, rebuilding, after treatment, or
other technology, as determined by the Adminis-
trator.
‘‘(2) EMISSION REDUCTION STRATEGIES.—Each
State shall develop, implement, and periodically re-
vise emission reduction strategies comprised of any
methods determined to be appropriate by the State
that are consistent with section 209 of the Clean Air
Act (42 U.S.C. 7542) for engines and vehicles that are
used in construction projects that are—
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‘‘(A) located in nonattainment areas for
ozone, PM10, or PM2.5 (as defined under the
Clean Air Act (42 U.S.C. 7401 et seq.)); and
‘‘(B) funded, in whole or in part, under this
title.
‘‘(3) STATE
CONSIDERATIONS.—In developing
emission reduction strategies, each State—
‘‘(A) may include any means to reduce
emissions that are determined to be appropriate
by the State; but
‘‘(B) shall—
‘‘(i) consider guidance issued by the
Administrator under paragraph (5);
‘‘(ii) limit technologies to those identi-
fied by the Administrator under paragraph
(5);
‘‘(iii) provide contractors with guid-
ance and technical assistance regarding the
implementation of emission reduction strat-
egies;
‘‘(iv) give special consideration to
small businesses that participate in projects
funded under this title;
‘‘(v) place priority on the use of—
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‘‘(I) diesel retrofit technologies
and activities;
‘‘(II) cost-effective strategies;
‘‘(III) financial incentives using
CMAQ resources and State resources;
and
‘‘(IV) strategies that maximize
health benefits; and
‘‘(vi) not include any activities prohib-
ited by paragraph (4).
‘‘(4) STATE LIMITATIONS.—Emission reduction
strategies may not—
‘‘(A) authorize or recommend the use of
bans on equipment or vehicle use during speci-
fied periods of a day;
‘‘(B) authorize or recommend the use of con-
tract procedures that would require retrofit ac-
tivities, unless funds are made available by the
State under this section or other State authority
to offset the cost of those activities; or
‘‘(C) authorize the use of contract proce-
dures that would discriminate between bidders
on the basis of a bidder’s existing equipment or
existing vehicle emission technology.
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‘‘(5) EMISSION
REDUCTION
STRATEGY
GUID-
ANCE.—The Administrator, in consultation with the
Secretary, shall publish a nonbinding list of emission
reduction strategies and supporting technical infor-
mation for—
‘‘(A) diesel emission reduction technologies
certified or verified by the Administrator, the
California Air Resources Board, or any other en-
tity recognized by the Administrator for the
same purpose;
‘‘(B) diesel emission reduction technologies
identified by the Administrator as having an ap-
plication 
and 
approvable 
test 
plan 
for
verification by the Administrator or the Cali-
fornia Air Resources board that is submitted not
later that 18 months of the date of enactment of
this Act;
‘‘(C) available information regarding the
emission reduction effectiveness and cost effec-
tiveness of technologies identified in this para-
graph, taking into consideration health effects;
‘‘(D) options and recommendations for the
structure and content of emission reduction
strategies including—
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‘‘(i) emission reduction performance
criteria;
‘‘(ii) financial incentives that use
CMAQ resources and State resources;
‘‘(iii) procedures to facilitate access by
contractors to financial incentives;
‘‘(iv) contract incentives, allowances,
and procedures;
‘‘(v) methods of voluntary emission re-
ductions; and
‘‘(vi) other means that may be em-
ployed to reduce emissions from construc-
tion activities; and
‘‘(6) PRIORITY.—States and metropolitan plan-
ning organizations shall give priority in distributing
funds received for congestion management and air
quality projects and programs to finance of diesel ret-
rofit and cost-effective emission reduction activities
identified by States in the emission reduction strate-
gies developed under this subsection.
‘‘(7) NO EFFECT ON AUTHORITY OR RESTRIC-
TIONS.—Nothing in this subsection modifies any au-
thority or restriction established under the Clean Air
Act (42 U.S.C. 7401 et seq.).’’.
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(d) AVAILABILITY
OF FUNDS
FOR
THE STATE
OF
MAINE.—In addition to other eligible uses, the State of
Maine may use funds apportioned under section 104(b)(2)
to support, through September 30, 2009, the operation of
passenger rail service between Boston, Massachusetts, and
Portland, Maine.
(e) RESPONSIBILITY OF THE STATE OF MONTANA.—
In addition to other eligible uses, the State of Montana may
use funds apportioned under section 104(b)(2) for the oper-
ation of public transit activities that serve a nonattainment
or maintenance area.
SEC. 1613. IMPROVED INTERAGENCY CONSULTATION.
Section 149 of title 23, United States Code, is amended
by adding at the end the following:
‘‘(g) INTERAGENCY CONSULTATION.—The Secretary
shall encourage States and metropolitan planning organi-
zations to consult with State and local air quality agencies
in nonattainment and maintenance areas on the estimated
emission reductions from proposed congestion mitigation
and air quality improvement programs and projects.’’.
SEC. 1614. EVALUATION AND ASSESSMENT OF CMAQ
PROJECTS.
Section 149 of title 23, United States Code, is amended
by adding at the end the following:
‘‘(h) EVALUATION AND ASSESSMENT OF PROJECTS.—
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‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Administrator of the Environmental
Protection Agency, shall evaluate and assess a rep-
resentative sample of projects funded under the con-
gestion mitigation and air quality program to—
‘‘(A) determine the direct and indirect im-
pact of the projects on air quality and congestion
levels; and
‘‘(B) ensure the effective implementation of
the program.
‘‘(2) DATABASE.—Using appropriate assessments
of projects funded under the congestion mitigation
and air quality program and results from other re-
search, the Secretary shall maintain and disseminate
a cumulative database describing the impacts of the
projects.
‘‘(3) CONSIDERATION.—The Secretary, in con-
sultation with the Administrator of the Environ-
mental Protection Agency, shall consider the rec-
ommendations and findings of the report submitted to
Congress under section 1110(e) of the Transportation
Equity Act for the 21st Century (112 Stat. 144), in-
cluding recommendations and findings that would
improve the operation and evaluation of the conges-
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tion mitigation and air quality improvement pro-
gram under section 149.’’.
SEC. 1615. SYNCHRONIZED PLANNING AND CONFORMITY
TIMELINES, REQUIREMENTS, AND HORIZON.
(a) METROPOLITAN PLANNING.—
(1) DEVELOPMENT OF LONG-RANGE TRANSPOR-
TATION PLAN.—Section 134(g)(1) of title 23, United
States Code, is amended by striking ‘‘periodically, ac-
cording to a schedule that the Secretary determines to
be appropriate,’’ and inserting ‘‘every 4 years (or
more frequently, in a case in which the metropolitan
planning organization elects to update a transpor-
tation plan more frequently) in areas designated as
nonattainment, as defined in section 107(d) of the
Clean Air Act (42 U.S.C. 7407(d)), and in areas that
were nonattainment that have been redesignated to
attainment in accordance with section 107(d)(3) of
that Act (42 U.S.C. 7407(d)(3)), with a maintenance
plan under section 175A of that Act (42 U.S.C.
7505a), or every 5 years (or more frequently, in a
case in which the metropolitan planning organization
elects to update a transportation plan more fre-
quently) in areas designated as attainment (as de-
fined in section 107(d) of that Act (42 U.S.C.
7407(d))),’’.
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(2) METROPOLITAN TRANSPORTATION IMPROVE-
MENT PROGRAM.—Section 134(h) of title 23, United
States Code, is amended—
(A) in paragraph (1)(D), by striking ‘‘2
years’’ and inserting ‘‘4 years’’; and
(B) in paragraph (2)(A), by striking ‘‘3-
year’’ and inserting ‘‘4-year’’.
(3) STATEWIDE TRANSPORTATION IMPROVEMENT
PROGRAM.—Section 135(f)(1)(A) of title 23, United
States Code, is amended by inserting after ‘‘program’’
the following: ‘‘(which program shall cover a period
of 4 years and be updated every 4 years)’’.
(4) FINAL
REGULATIONS.—Not later than 18
months after the date of enactment of the Safe, Ac-
countable, Flexible, and Efficient Transportation Eq-
uity Act of 2005, the Secretary shall promulgate regu-
lations that are consistent with the amendments made
by this subsection.
(b) SYNCHRONIZED CONFORMITY DETERMINATION.—
Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c))
is amended—
(1) in paragraph (2)—
(A) by striking ‘‘(2) Any transportation
plan’’ and inserting the following:
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‘‘(2) TRANSPORTATION PLANS AND PROGRAMS.—
Any transportation plan’’;
(B) in subparagraph (C)(iii), by striking
the period at the end and inserting a semicolon;
(C) in subparagraph (D)—
(i) by striking ‘‘Any project’’ and in-
serting ‘‘any transportation project’’; and
(ii) by striking the period at the end
and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(E) the appropriate metropolitan planning
organization shall redetermine conformity of ex-
isting transportation plans and programs not
later than 2 years after the date on which the
Administrator—
‘‘(i) finds a motor vehicle emissions
budget to be adequate in accordance with
section 93.118(e)(4) of title 40, Code of Fed-
eral Regulations (as in effect on October 1,
2004);
‘‘(ii) approves an implementation plan
that establishes a motor vehicle emissions
budget, if that budget has not yet been used
in a conformity determination prior to ap-
proval; or
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‘‘(iii) promulgates an implementation
plan that establishes or revises a motor ve-
hicle emissions budget.’’;
(2) in paragraph (4)(B)(ii), by striking ‘‘but in
no case shall such determinations for transportation
plans and programs be less frequent than every 3
years; and’’ and inserting ‘‘but the frequency for mak-
ing conformity determinations on updated transpor-
tation plans and programs shall be every 4 years, ex-
cept in a case in which—
‘‘(I) the metropolitan planning
organization elects to update a trans-
portation plan or program more fre-
quently; or
‘‘(II) the metropolitan planning
organization is required to determine
conformity in accordance with para-
graph (2)(E); and’’;
(3) in paragraph (4)(B)—
(A) in clause (ii), by striking ‘‘and’’ at the
end;
(B) in clause (iii), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
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‘‘(iv) address the effects of the most re-
cent population, economic, employment,
travel, transit ridership, congestion, and in-
duced travel demand information in the de-
velopment and application of the latest
travel and emissions models.’’; and
(4) by adding at the end the following:
‘‘(7) CONFORMITY
HORIZON
FOR
TRANSPOR-
TATION PLANS.—
‘‘(A) IN GENERAL.—For the purposes of this
section, a transportation plan in a nonattain-
ment or maintenance area shall be considered to
be a transportation plan or a portion of a trans-
portation plan that extends for the longest of the
following periods:
‘‘(i) The first 10-year period of any
such transportation plan.
‘‘(ii) The latest year in the implemen-
tation plan applicable to the area that con-
tains a motor vehicle emission budget.
‘‘(iii) The year after the completion
date of a regionally significant project, if
the project requires approval before the sub-
sequent conformity determination.
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‘‘(B) EXCEPTION.—In a case in which an
area has a revision to an implementation plan
under section 175A(b) and the Administrator
has found the motor vehicle emissions budgets
from that revision to be adequate in accordance
with section 93.118(e)(4) of title 40, Code of Fed-
eral Regulations (as in effect on October 1,
2004), or has approved the revision, the trans-
portation plan shall be considered to be a trans-
portation plan or portion of a transportation
plan that extends through the last year of the im-
plementation 
plan 
required 
under 
section
175A(b).
‘‘(8) DEFINITIONS.—In this subsection:
‘‘(A) REGIONALLY SIGNIFICANT PROJECT.—
‘‘(i) IN GENERAL.—The term ‘region-
ally significant project’ means a transpor-
tation project that is on a facility that
serves a regional transportation need,
including—
‘‘(I) access to and from the area
outside of the region;
‘‘(II) access to and from major
planned developments, including new
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retail malls, sports complexes, or trans-
portation terminals; and
‘‘(III) most transportation termi-
nals.
‘‘(ii) PRINCIPAL ARTERIALS AND FIXED
GUIDEWAYS.—The term ‘regionally signifi-
cant project’ includes, at a minimum—
‘‘(I) all principal arterial high-
ways; and
‘‘(II) all fixed guideway transit
facilities that offer an alternative to re-
gional highway travel.
‘‘(iii) 
ADDITIONAL
PROJECTS.—The
interagency consultation process and proce-
dures described in section 93.105(c) of title
40, Code of Federal Regulations (as in effect
on October 1, 2004), shall be used to make
determinations as to whether minor arterial
highways and other transportation projects
should be considered ‘regionally significant
projects’.
‘‘(iv) EXCLUSIONS.—The term ‘region-
ally significant project’ does not include
any project of a type listed in sections
93.126 or 127 of title 40, Code of Federal
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Regulations (as in effect on October 1,
2004).
‘‘(B) SIGNIFICANT
REVISION.—The term
‘significant revision’ means—
‘‘(i) with respect to a regionally sig-
nificant project, a significant change in de-
sign concept or scope to the project; and
‘‘(ii) with respect to any other kind of
project, a change that converts a project
that is not a regionally significant project
into a regionally significant project.
‘‘(C) TRANSPORTATION PROJECT.—The term
‘transportation project’ includes only a project
that is—
‘‘(i) a regionally significant project; or
‘‘(ii) a project that makes a significant
revision to an existing project.’’.
SEC. 1616. TRANSITION TO NEW AIR QUALITY STANDARDS.
Section 176(c) of the Clean Air Act (42 U.S.C.
7506(c)) is amended by striking paragraph (3) and insert-
ing the following:
‘‘(3) METHODS OF CONFORMITY DETERMINATION
BEFORE BUDGET IS AVAILABLE.—
‘‘(A) IN GENERAL.—Until such time as a
motor vehicle emission budget from an imple-
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mentation plan submitted for a national ambi-
ent air quality standard is determined to be ade-
quate in accordance with section 93.118(e)(4) of
title 40, Code of Federal Regulations (as in effect
on October 1, 2004), or the submitted implemen-
tation plan is approved, conformity of such a
plan, program, or project shall be demonstrated,
in accordance with clauses (i) and (ii) and as se-
lected through the consultation process required
under paragraph (4)(D)(i), with—
‘‘(i) a motor vehicle emission budget
that has been found adequate in accordance
with section 93.118(e)(4) of title 40, Code of
Federal Regulations (as in effect on October
1, 2004), or that has been approved, from
an implementation plan for the most recent
prior applicable national ambient air qual-
ity standard addressing the same pollutant;
or
‘‘(ii) other such tests as the Adminis-
trator shall determine to ensure that—
‘‘(I) the transportation plan or
program—
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‘‘(aa) is consistent with the
most recent estimates of mobile
source emissions;
‘‘(bb) provides for the expedi-
tious implementation of transpor-
tation control measures in the ap-
plicable 
implementation 
plan;
and
‘‘(cc) with respect to an ozone
or carbon monoxide nonattain-
ment area, contributes to annual
emissions 
reductions 
consistent
with 
sections 
182(b)(1) 
and
187(a)(7); and
‘‘(II) the transportation project—
‘‘(aa) comes from a con-
forming transportation plan and
program described in this sub-
paragraph; and
‘‘(bb) in a carbon monoxide
nonattainment area, eliminates or
reduces the severity and number
of violations of the carbon mon-
oxide standards in the area sub-
stantially affected by the project.
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‘‘(B) DETERMINATION
FOR
A
TRANSPOR-
TATION PROJECT IN A CARBON MONOXIDE NON-
ATTAINMENT AREA.—A determination under sub-
paragraph (A)(ii)(II)(bb) may be made as part
of either the conformity determination for the
transportation program or for the individual
transportation project taken as a whole during
the environmental review phase of transportation
project development.’’.
SEC. 1617. REDUCED BARRIERS TO AIR QUALITY IMPROVE-
MENTS.
Section 176(c) of the Clean Air Act (42 U.S.C.
7506(c)) (as amended by section 1615(b)(4)) is amended—
(1) by redesignating paragraph (8) as para-
graph (9); and
(2) by inserting after paragraph (7) the fol-
lowing:
‘‘(8) SUBSTITUTION FOR TRANSPORTATION CON-
TROL MEASURES.—
‘‘(A) IN GENERAL.—Transportation control
measures that are specified in an implementa-
tion plan may be replaced or added to the imple-
mentation plan with alternate or additional
transportation control measures if—
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‘‘(i) the substitute measures achieve
equivalent or greater emissions reductions
than the control measure to be replaced, as
demonstrated with an analysis that is con-
sistent with the current methodology used
for evaluating the replaced control measure
in the implementation plan;
‘‘(ii) the substitute control measures
are implemented—
‘‘(I) in accordance with a schedule
that is consistent with the schedule
provided for control measures in the
implementation plan; or
‘‘(II) if the implementation plan
date for implementation of the control
measure to be replaced has passed, as
soon as practicable after the implemen-
tation plan date but not later than the
date on which emission reductions are
necessary to achieve the purpose of the
implementation plan;
‘‘(iii) the substitute and additional
control measures are accompanied with evi-
dence of adequate personnel, funding, and
authority under State or local law to imple-
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ment, monitor, and enforce the control
measures;
‘‘(iv) the substitute and additional con-
trol measures were developed through a col-
laborative process that included—
‘‘(I) participation by representa-
tives of all affected jurisdictions (in-
cluding local air pollution control
agencies, the State air pollution control
agency, and State and local transpor-
tation agencies);
‘‘(II) consultation with the Ad-
ministrator; and
‘‘(III) reasonable public notice
and opportunity for comment; and
‘‘(v) the metropolitan planning organi-
zation, State air pollution control agency,
and the Administrator concur with the
equivalency of the substitute or additional
control measures.
‘‘(B) ADOPTION.—After carrying out sub-
paragraph (A), a State shall adopt the substitute
or additional transportation control measure in
the applicable implementation plan.
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‘‘(C) NO REQUIREMENT FOR EXPRESS PER-
MISSION.—The substitution or addition of a
transportation control measure in accordance
with this paragraph shall not be contingent on
there being any provision in the implementation
plan that expressly permits such a substitution
or addition.
‘‘(D) NO
REQUIREMENT
FOR
NEW
CON-
FORMITY DETERMINATION.—The substitution or
addition of a transportation control measure in
accordance with this paragraph shall not
require—
‘‘(i) a new conformity determination
for the transportation plan; or
‘‘(ii) a revision of the implementation
plan.
‘‘(E) CONTINUATION OF CONTROL MEASURE
BEING
REPLACED.—A control measure that is
being replaced by a substitute control measure
under this paragraph shall remain in effect until
the substitute control measure is adopted by the
State pursuant to subparagraph (B).
‘‘(F) EFFECT OF ADOPTION.—Adoption of a
substitute control measure shall constitute rescis-
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sion of the previously applicable control meas-
ure.’’.
SEC. 1618. AIR QUALITY MONITORING DATA INFLUENCED
BY EXCEPTIONAL EVENTS.
(a) IN GENERAL.—Section 319 of the Clean Air Act
(42 U.S.C. 7619) is amended—
(1) by striking the section heading and all that
follows through ‘‘after notice and opportunity for pub-
lic hearing’’ and inserting the following:
‘‘SEC. 319. AIR QUALITY MONITORING.
‘‘(a) IN GENERAL.—After notice and opportunity for
public hearing’’; and
(2) by adding at the end the following:
‘‘(b) AIR QUALITY MONITORING DATA INFLUENCED BY
EXCEPTIONAL EVENTS.—
‘‘(1) DEFINITION OF EXCEPTIONAL EVENT.—In
this section:
‘‘(A) IN GENERAL.—The term ‘exceptional
event’ means an event that—
‘‘(i) affects air quality;
‘‘(ii) is not reasonably controllable or
preventable;
‘‘(iii) is—
‘‘(I) a natural event; or
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‘‘(II) an event caused by human
activity that is unlikely to recur at a
particular location; and
‘‘(iv) is determined by the Adminis-
trator through the process established in the
regulations promulgated under paragraph
(2) to be an exceptional event.
‘‘(B) EXCLUSIONS.—The term ‘exceptional
event’ does not include—
‘‘(i) stagnation of air masses or mete-
orological inversions;
‘‘(ii) a meteorological event involving
high temperatures or lack of precipitation;
or
‘‘(iii) air pollution relating to source
noncompliance.
‘‘(2) REGULATIONS.—
‘‘(A) PROPOSED REGULATIONS.—Not later
than March 1, 2006, after consultation with Fed-
eral land managers and State air pollution con-
trol agencies, the Administrator shall publish in
the Federal Register proposed regulations gov-
erning the review and handling of air quality
monitoring 
data 
influenced 
by 
exceptional
events.
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‘‘(B) FINAL REGULATIONS.—Not later than
1 year after the date on which the Administrator
publishes proposed regulations under subpara-
graph (A), and after providing an opportunity
for interested persons to make oral presentations
of views, data, and arguments regarding the pro-
posed regulations, the Administrator shall pro-
mulgate final regulations governing the review
and handling or air quality monitoring data in-
fluenced by an exceptional event that are con-
sistent with paragraph (3).
‘‘(3) PRINCIPLES AND REQUIREMENTS.—
‘‘(A) PRINCIPLES.—In promulgating regu-
lations under this section, the Administrator
shall follow—
‘‘(i) the principle that protection of
public health is the highest priority;
‘‘(ii) the principle that timely informa-
tion should be provided to the public in any
case in which the air quality is unhealthy;
‘‘(iii) the principle that all ambient
air quality data should be included in a
timely manner, an appropriate Federal air
quality database that is accessible to the
public;
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‘‘(iv) the principle that each State
must take necessary measures to safeguard
public health regardless of the source of the
air pollution; and
‘‘(v) the principle that air quality data
should be carefully screened to ensure that
events not likely to recur are represented ac-
curately in all monitoring data and anal-
yses.
‘‘(B) 
REQUIREMENTS.—Regulations 
pro-
mulgated under this section shall, at a min-
imum, provide that—
‘‘(i) the occurrence of an exceptional
event must be demonstrated by reliable, ac-
curate data that is promptly produced and
provided by Federal, State, or local govern-
ment agencies;
‘‘(ii) a clear causal relationship must
exist between the measured exceedances of a
national ambient air quality standard and
the exceptional event to demonstrate that
the exceptional event caused a specific air
pollution concentration at a particular air
quality monitoring location;
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‘‘(iii) there is a public process for de-
termining whether an event is exceptional;
and
‘‘(iv) there are criteria and procedures
for the Governor of a State to petition the
Administrator to exclude air quality moni-
toring data that is directly due to excep-
tional events from use in determinations by
the Environmental Protection Agency with
respect to exceedances or violations of the
national ambient air quality standards.
‘‘(4) INTERIM
PROVISION.—Until the effective
date of a regulation promulgated under paragraph
(2), the following guidance issued by the Adminis-
trator shall continue to apply:
‘‘(A) Guidance on the identification and use
of air quality data affected by exceptional events
(July 1986).
‘‘(B) Areas affected by PM–10 natural
events, May 30, 1996.
‘‘(C) Appendices I, K, and N to part 50 of
title 40, Code of Federal Regulations.’’.
SEC. 1619. CONFORMING AMENDMENTS.
Section 176(c)(4) of the Clean Air Act (42 U.S.C.
7506(c)(4) is amended—
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(1) by redesignating subparagraphs (B) through
(D) as subparagraphs (D) through (F), respectively;
(2) by striking ‘‘(4)(A) No later than one year
after the date of enactment of the Clean Air Act
Amendments of 1990, the Administrator shall pro-
mulgate’’ and inserting the following:
‘‘(4) CRITERIA AND PROCEDURES FOR DETER-
MINING CONFORMITY.—
‘‘(A) IN
GENERAL.—The Administrator
shall promulgate, and periodically update,’’;
(3) in subparagraph (A)—
(A) in the second sentence, by striking ‘‘No
later than one year after such date of enactment,
the Administrator, with the concurrence of the
Secretary of Transportation, shall promulgate’’
and inserting the following:
‘‘(B) TRANSPORTATION PLANS, PROGRAMS,
AND
PROJECTS.—The Administrator, with the
concurrence of the Secretary of Transportation,
shall promulgate, and periodically update,’’; and
(B) in the third sentence, by striking ‘‘A
suit’’ and inserting the following:
‘‘(C) CIVIL ACTION TO COMPEL PROMULGA-
TION.—A civil action’’; and
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(4) by striking subparagraph (E) (as redesig-
nated by paragraph (1)) and inserting the following:
‘‘(E) INCLUSION OF CRITERIA AND PROCE-
DURES IN SIP.—Not later than 2 years after the
date of enactment of the Safe, Accountable, Flexi-
ble, and Efficient Transportation Equity Act of
2005, the procedures under subparagraph (A)
shall include a requirement that each State in-
clude in the State implementation plan criteria
and procedures for consultation in accordance
with the Administrator’s criteria and procedures
for 
consultation 
required 
by 
subparagraph
(D)(i).’’.
SEC. 1620. HIGHWAY STORMWATER DISCHARGE MITIGA-
TION PROGRAM.
(a) HIGHWAY STORMWATER MITIGATION PROJECTS.—
Section 133(d) of title 23, United States Code (as amended
by section 1401(a)(2)(B)), is amended by adding at the end
the following:
‘‘(5) HIGHWAY STORMWATER DISCHARGE MITI-
GATION PROJECTS.—Of the amount apportioned to a
State under section 104(b)(3) for a fiscal year, 2 per-
cent shall be available only for projects and activities
carried out under section 167.’’.
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(b) HIGHWAY STORMWATER DISCHARGE MITIGATION
PROGRAM.—Subchapter I of chapter 1 of title 23, United
States Code (as amended by section 1601(a)), is amended
by adding at the end the following:
‘‘§ 167. Highway stormwater discharge mitigation pro-
gram
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency.
‘‘(2) ELIGIBLE MITIGATION PROJECT.—The term
‘eligible mitigation project’ means a practice or tech-
nique that—
‘‘(A) improves stormwater discharge water
quality;
‘‘(B) attains preconstruction hydrology;
‘‘(C) promotes infiltration of stormwater
into groundwater;
‘‘(D) recharges groundwater;
‘‘(E) minimizes stream bank erosion;
‘‘(F) promotes natural filters;
‘‘(G) otherwise mitigates water quality im-
pacts of highway stormwater discharges, im-
proves surface water quality, or enhances
groundwater recharge; or
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‘‘(H) reduces flooding caused by highway
stormwater discharge.
‘‘(3) FEDERAL-AID
HIGHWAY
AND
ASSOCIATED
FACILITY.—The term ‘Federal-aid highway and asso-
ciated facility’ means—
‘‘(A) a Federal-aid highway; or
‘‘(B) a facility or land owned by a State (or
political subdivision of a State) that is directly
associated with the Federal-aid highway.
‘‘(4) HIGHWAY STORMWATER DISCHARGE.—The
term 
‘highway 
stormwater 
discharge’ 
means
stormwater discharge from a Federal-aid highway, or
a Federal-aid highway and associated facility, that
was constructed before the date of enactment of this
section.
‘‘(5) HIGHWAY STORMWATER DISCHARGE MITI-
GATION.—The term ‘highway stormwater discharge
mitigation’ means—
‘‘(A) the reduction of water quality impacts
of stormwater discharges from Federal-aid high-
ways or Federal-aid highways and associated fa-
cilities; or
‘‘(B) the enhancement of groundwater re-
charge from stormwater discharges from Federal-
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aid highways or Federal-aid highways and asso-
ciated facilities.
‘‘(6) PROGRAM.—The term ‘program’ means the
highway stormwater discharge mitigation program
established under subsection (b).
‘‘(b) ESTABLISHMENT.—The Secretary shall establish
a highway stormwater discharge mitigation program—
‘‘(1) to improve the quality of stormwater dis-
charge from Federal-aid highways or Federal-aid
highways and associated facilities; and
‘‘(2) to enhance groundwater recharge.
‘‘(c) PRIORITY OF PROJECTS.—For projects funded
from the allocation under section 133(d)(6), a State shall
give priority to projects sponsored by a State or local gov-
ernment that assist the State or local government in com-
plying with the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
‘‘(d) GUIDANCE.—
‘‘(1) IN
GENERAL.—Not later than 180 days
after the date of enactment of this section, the Sec-
retary, in consultation with the Administrator, shall
issue guidance to assist States in carrying out this
section.
‘‘(2) REQUIREMENTS FOR GUIDANCE.—The guid-
ance issued under paragraph (1) shall include infor-