IB
Union Calendar No. 397
107TH CONGRESS
2D SESSION
H. R. 3880
[Report No. 107–649, Part I]
To provide a temporary waiver from certain transportation conformity require-
ments 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.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 2002
Mr. FOSSELLA (for himself, Mr. TOWNS, Mr. MEEKS of New York, Mr.
GRUCCI, Mrs. KELLY, Mr. OWENS, Mr. RANGEL, Mr. QUINN, Mr. GIL-
MAN, Mrs. MCCARTHY of New York, Mr. KING, Mr. ENGEL, and Mr.
ACKERMAN) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
SEPTEMBER 9, 2002
Additional sponsors: Mr. BOEHLERT, Mr. ISRAEL, Mr. MCNULTY, Mr.
MCHUGH, Mr. REYNOLDS, Mr. SWEENEY, and Mr. CROWLEY
SEPTEMBER 9, 2002
Reported from the Committee on Energy and Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
SEPTEMBER 9, 2002
Referral to the Committee on Transportation and Infrastructure extended for
a period ending not later than September 9, 2002
SEPTEMBER 9, 2002
Committee on Transportation and Infrastructure discharged; committed to the
Committee of the Whole House on the State of the Union and ordered
to be printed
A BILL
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 Representa-
tives 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 pro-
visions of section 176(c) of the Clean Air Act, and the
regulations promulgated thereunder, shall not apply to
transportation projects, programs, and plans for the coun-
ties of New York, Queens, Kings, Bronx, Richmond, Nas-
sau, Suffolk, Westchester, Rockland, Putnam or to 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 regu-
lations 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 Trans-
portation and Infrastructure of the United States House
of Representatives and to the Committee on Environment
and Public Works of the United States Senate a report
regarding the status of the State’s progress towards
achieving compliance with the provisions of law and regu-
lation subject to the temporary waiver provided by sub-
section (a). Such report shall explain in detail the steps
that the State has taken towards achieving such compli-
ance and identify the necessary steps that remain to be
taken by September 30, 2005, in order for the transpor-
tation projects, programs, and plans for the counties re-
ferred 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; TEM-
PORARY 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), 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 des-
ignated under section 134(b) of title 23 of the United
States Code.
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, High-
lands, 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 pro-
cedures.
(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 Transpor-
tation and Infrastructure of the House of Representatives,
the Committee on Environment and Public Works of the
Senate, the Administrator of the Environmental Protection