H. R. 3—733
Secretary determines, in accordance with this subsection, 
that a transportation program or project will have a de 
minimis impact on the area. 
‘‘(B) REQUIREMENTS
FOR
PARKS, RECREATION
AREAS, 
AND WILDLIFE OR WATERFOWL REFUGES.—The requirements 
of subsection (c)(1) shall be considered to be satisfied with 
respect to an area described in paragraph (3) if the Sec-
retary determines, in accordance with this subsection, that 
a transportation program or project will have a de minimis 
impact on the area. The requirements of subsection (c)(2) 
with respect to an area described in paragraph (3) shall 
not include an alternatives analysis. 
‘‘(C) CRITERIA.—In making any determination under 
this subsection, the Secretary shall consider to be part 
of a transportation program or project any avoidance, mini-
mization, mitigation, or enhancement measures that are 
required to be implemented as a condition of approval 
of the transportation program or project. 
‘‘(2) HISTORIC SITES.—With respect to historic sites, the 
Secretary may make a finding of de minimis impact only if—
‘‘(A) the Secretary has determined, in accordance with 
the consultation process required under section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f), that—
‘‘(i) the transportation program or project will have 
no adverse effect on the historic site; or 
‘‘(ii) there will be no historic properties affected 
by the transportation program or project; 
‘‘(B) the finding of the Secretary has received written 
concurrence from the applicable State historic preservation 
officer or tribal historic preservation officer (and from the 
Advisory Council on Historic Preservation if the Council 
is participating in the consultation process); and 
‘‘(C) the finding of the Secretary has been developed 
in consultation with parties consulting as part of the 
process referred to in subparagraph (A). 
‘‘(3) PARKS, RECREATION AREAS, AND WILDLIFE OR WATER-
FOWL REFUGES.—With respect to parks, recreation areas, or 
wildlife or waterfowl refuges, the Secretary may make a finding 
of de minimis impact only if—
‘‘(A) the Secretary has determined, after public notice 
and opportunity for public review and comment, that the 
transportation program or project will not adversely affect 
the activities, features, and attributes of the park, recre-
ation area, or wildlife or waterfowl refuge eligible for 
protection under this section; and 
‘‘(B) the finding of the Secretary has received concur-
rence from the officials with jurisdiction over the park, 
recreation area, or wildlife or waterfowl refuge.’’. 
(b) CLARIFICATION OF EXISTING STANDARDS.—
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall (in consultation 
with affected agencies and interested parties) promulgate regu-
lations that clarify the factors to be considered and the stand-
ards to be applied in determining the prudence and feasibility 
of alternatives under section 138 of title 23 and section 303 
of title 49, United States Code. 
(2) REQUIREMENTS.—The regulations—
H. R. 3—734
(A) shall clarify the application of the legal standards 
to a variety of different types of transportation programs 
and projects depending on the circumstances of each case; 
and 
(B) may include, as appropriate, examples to facilitate 
clear and consistent interpretation by agency decision-
makers. 
(c) IMPLEMENTATION STUDY.—
(1) IN GENERAL.—The Secretary shall—
(A) conduct a study on the implementation of this 
section and the amendments made by this section; and 
(B) commission an independent review of the study 
plan and methodology, and any associated conclusions, by 
the Transportation Research Board of the National 
Academy of Sciences. 
(2) COMPONENTS.—In conducting the study, the Secretary 
shall evaluate—
(A) the processes developed under this section and 
the amendments made by this section and the efficiencies 
that may result; 
(B) the post-construction effectiveness of impact mitiga-
tion and avoidance commitments adopted as part of projects 
conducted under this section and the amendments made 
by this section; and 
(C) the quantity of projects with impacts that are 
considered de minimis under this section and the amend-
ments made by this section, including information on the 
location, size, and cost of the projects. 
(3) REPORT REQUIREMENT.—The Secretary shall prepare—
(A) not earlier than the date that is 3 years after 
the date of enactment of this Act, a report on the results 
of the study conducted under this subsection; and 
(B) not later than March 1, 2010, an update on the 
report required under subparagraph (A). 
(4) REPORT RECIPIENTS.—The Secretary shall—
(A) submit the report, review of the report, and update 
required under paragraph (3) to—
(i) the appropriate committees of Congress; 
(ii) the Secretary of the Interior; and 
(iii) the Advisory Council on Historic Preservation; 
and 
(B) make the report and update available to the public. 
SEC. 6010. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT SUPPORT 
DEPLOYMENT OF INTELLIGENT TRANSPORTATION SYS-
TEMS. 
(a) CATEGORICAL EXCLUSIONS.—Not later than one year after 
the date of enactment of this Act, the Secretary shall initiate 
a rulemaking process to establish, to the extent appropriate, cat-
egorical exclusions for activities that support the deployment of 
intelligent transportation infrastructure and systems from the 
requirement that an environmental assessment or an environmental 
impact statement be prepared under section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332) in compliance 
with the standards for categorical exclusions established by that 
Act. 
(b) NATIONWIDE PROGRAMMATIC AGREEMENT.—
H. R. 3—735
(1) DEVELOPMENT.—The Secretary shall develop a nation-
wide programmatic agreement governing the review of activities 
that support the deployment of intelligent transportation infra-
structure and systems in accordance with section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f) and the 
regulations of the Advisory Council on Historic Preservation. 
(2) CONSULTATION.—The Secretary shall develop the agree-
ment under paragraph (1) in consultation with the National 
Conference of State Historic Preservation Officers and the 
Advisory Council on Historic Preservation established under 
title II of the National Historic Preservation Act (26 U.S.C. 
470i et seq.) and after soliciting the views of other interested 
parties. 
(c) INTELLIGENT TRANSPORTATION INFRASTRUCTURE AND SYS-
TEMS DEFINED.—In this section, the term ‘‘intelligent transportation 
infrastructure and systems’’ means intelligent transportation infra-
structure and intelligent transportation systems, as such terms 
are defined in subtitle C of title V of this Act. 
SEC. 6011. TRANSPORTATION CONFORMITY. 
(a) CONFORMITY REDETERMINATIONS.—Section 176(c)(2) of the 
Clean Air Act (42 U.S.C. 7506(c)(2)) is amended by adding at 
the end the following: 
‘‘(E) The appropriate metropolitan planning organiza-
tion shall redetermine conformity of existing 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 Federal Regulations (as in effect on October 
1, 2004); 
‘‘(ii) approves an implementation plan that estab-
lishes a motor vehicle emissions budget if that budget 
has not yet been determined to be adequate in accord-
ance with clause (i); or 
‘‘(iii) promulgates an implementation plan that 
establishes or revises a motor vehicle emissions 
budget.’’. 
(b) FREQUENCY OF CONFORMITY DETERMINATION UPDATES.—
Section 
176(c)(4)(B)(ii) 
of 
the 
Clean 
Air 
Act 
(42 
U.S.C. 
7506(c)(4)(B)(ii)) is amended to read as follows: 
‘‘(ii) address the appropriate frequency for making con-
formity determinations, but the frequency for making con-
formity determinations on updated transportation plans and 
programs shall be every 4 years, except in a case in which—
‘‘(I) the metropolitan planning organization elects to 
update a transportation plan or program more frequently; 
or 
‘‘(II) the metropolitan planning organization is required 
to determine conformity in accordance with paragraph 
(2)(E); and’’. 
(c) TIME HORIZON FOR CONFORMITY DETERMINATIONS IN NON-
ATTAINMENT AREAS.—Section 176(c) of the Clean Air Act (42 U.S.C. 
7506(c)) is amended by adding at the end the following: 
‘‘(7) CONFORMITY HORIZON FOR TRANSPORTATION PLANS.—
‘‘(A) IN
GENERAL.—Each conformity determination 
required under this section for a transportation plan under
H. R. 3—736
section 134(i) of title 23, United States Code, or section 
5303(i) of title 49, United States Code, shall require a 
demonstration of conformity for the period ending on either 
the final year of the transportation plan, or at the election 
of the metropolitan planning organization, after consulta-
tion with the air pollution control agency and solicitation 
of public comments and consideration of such comments, 
the longest of the following periods: 
‘‘(i) The first 10-year period of any such transpor-
tation plan. 
‘‘(ii) The latest year in the implementation plan 
applicable to the area that contains a motor vehicle 
emission budget. 
‘‘(iii) The year after the completion date of a region-
ally significant project if the project is included in 
the transportation improvement program or the project 
requires approval before the subsequent conformity 
determination. 
‘‘(B) REGIONAL EMISSIONS ANALYSIS.—The conformity 
determination shall be accompanied by a regional emissions 
analysis for the last year of the transportation plan and 
for any year shown to exceed emission budgets by a prior 
analysis, if such year extends beyond the applicable period 
as determined under subparagraph (A). 
‘‘(C) EXCEPTION.—In any case in which an area has 
a revision to an implementation plan under section 175A(b) 
and the Administrator has found the motor vehicles emis-
sions budgets from that revision to be adequate in accord-
ance with section 93.118(e)(4) of title 40, Code of Federal 
Regulations (as in effect on October 1, 2004), or has 
approved the revision, the demonstration of conformity at 
the election of the metropolitan planning organization, after 
consultation with the air pollution control agency and solici-
tation of public comments and consideration of such com-
ments, shall be required to extend only through the last 
year of the implementation plan required under section 
175A(b). 
‘‘(D) EFFECT OF ELECTION.—Any election by a metro-
politan planning organization under this paragraph shall 
continue in effect until the metropolitan planning organiza-
tion elects otherwise. 
‘‘(E) AIR POLLUTION CONTROL AGENCY DEFINED.—In this 
paragraph, the term ‘air pollution control agency’ means 
an air pollution control agency (as defined in section 302(b)) 
that is responsible for developing plans or controlling air 
pollution within the area covered by a transportation 
plan.’’. 
(d) SUBSTITUTION OF TRANSPORTATION CONTROL MEASURES.—
Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) (as amended 
by subsection (c)) is amended by inserting after paragraph (7) 
the following: 
‘‘(8) SUBSTITUTION
OF
TRANSPORTATION
CONTROL
MEAS-
URES.—
‘‘(A) IN
GENERAL.—Transportation control measures 
that are specified in an implementation plan may be 
replaced or added to the implementation plan with alter-
nate or additional transportation control measures—
H. R. 3—737
‘‘(i) if the substitute measures achieve equivalent 
or greater emissions reductions than the control 
measure to be replaced, as demonstrated with an emis-
sions impact analysis that is consistent with the cur-
rent methodology used for evaluating the replaced con-
trol measure in the implementation plan; 
‘‘(ii) if the substitute control measures are imple-
mented—
‘‘(I) in accordance with a schedule that is con-
sistent 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 implementation plan date but not later than 
the date on which emission reductions are nec-
essary to achieve the purpose of the implementa-
tion plan; 
‘‘(iii) if the substitute and additional control meas-
ures are accompanied with evidence of adequate per-
sonnel and funding and authority under State or local 
law to implement, monitor, and enforce the control 
measures; 
‘‘(iv) if the substitute and additional control meas-
ures were developed through a collaborative process 
that included—
‘‘(I) participation by representatives of all 
affected jurisdictions (including local air pollution 
control agencies, the State air pollution control 
agency, and State and local transportation agen-
cies); 
‘‘(II) consultation with the Administrator; and 
‘‘(III) reasonable public notice and opportunity 
for comment; and 
‘‘(v) if the metropolitan planning organization, 
State air pollution control agency, and the Adminis-
trator concur with the equivalency of the substitute 
or additional control measures. 
‘‘(B) ADOPTION.—(i) Concurrence by the metropolitan 
planning organization, State air pollution control agency 
and the Administrator as required by subparagraph (A)(v) 
shall constitute adoption of the substitute or additional 
control measures so long as the requirements of subpara-
graphs (A)(i), (A)(ii), (A)(iii) and (A)(iv) are met. 
‘‘(ii) Once adopted, the substitute or additional control 
measures become, by operation of law, part of the State 
implementation plan and become federally enforceable. 
‘‘(iii) Within 90 days of its concurrence under subpara-
graph (A)(v), the State air pollution control agency shall 
submit the substitute or additional control measure to the 
Administrator for incorporation in the codification of the 
applicable implementation plan. Nothwithstanding any 
other provision of this Act, no additional State process 
shall be necessary to support such revision to the applicable 
plan. 
‘‘(C) NO REQUIREMENT FOR EXPRESS PERMISSION.—The 
substitution or addition of a transportation control measure
H. R. 3—738
in accordance with this paragraph and the funding or 
approval of such a control measure shall not be contingent 
on the existence of any provision in the applicable 
implementation plan that expressly permits such a substi-
tution or addition. 
‘‘(D) NO REQUIREMENT FOR NEW CONFORMITY DETER-
MINATION.—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 rescission of the previously 
applicable control measure.’’. 
(e) LAPSE OF CONFORMITY.—Section 176(c) of the Clean Air 
Act (42 U.S.C. 7506(c)) (as amended by subsections (c) and (d)) 
is amended by inserting after paragraph (8) the following: 
‘‘(9) LAPSE OF CONFORMITY.—If a conformity determination 
required under this subsection for a transportation plan under 
section 134(i) of title 23, United States Code, or section 5303(i) 
of title 49, United States Code, or a transportation improvement 
program under section 134(j) of such title 23 or under section 
5303(j) of such title 49 is not made by the applicable deadline 
and such failure is not corrected by additional measures to 
either reduce motor vehicle emissions sufficient to demonstrate 
compliance with the requirements of this subsection within 
12 months after such deadline or other measures sufficient 
to correct such failures, the transportation plan shall lapse. 
‘‘(10) LAPSE.—In this subsection, the term ‘lapse’ means 
that the conformity determination for a transportation plan 
or transportation improvement program has expired, and thus 
there is no currently conforming transportation plan or 
transportation improvement program.’’. 
(f) CONFORMING AMENDMENTS.—Section 176(c)(4) of the Clean 
Air Act (42 U.S.C. 7506(c)(4)) (as amended by subsection (b)) is 
amended—
(1) by redesignating subparagraphs (B), (C), and (D) as 
subparagraphs (D), (E), and (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 promulgate’’ and inserting the fol-
lowing: 
‘‘(4) CRITERIA
AND
PROCEDURES
FOR
DETERMINING
CON-
FORMITY.—
‘‘(A) IN
GENERAL.—The Administrator shall promul-
gate, and periodically update,’’; 
(3) in the second sentence of subparagraph (A)—
(A) 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:
H. R. 3—739
‘‘(B) 
TRANSPORTATION
PLANS, 
PROGRAMS, 
AND 
PROJECTS.—The Administrator, with the concurrence of the 
Secretary of Transportation, shall promulgate, and periodi-
cally update,’’; and 
(B) in the third sentence, by striking ‘‘A suit’’ and 
inserting the following: 
‘‘(C) CIVIL ACTION TO COMPEL PROMULGATION.—A civil 
action’’; and 
(4) by striking subparagraph (E) (as redesignated by para-
graph (1)) and inserting the following: 
‘‘(E) INCLUSION OF CRITERIA AND PROCEDURES IN SIP.—
Not later than 2 years after the date of enactment of 
the SAFETEA–LU the procedures under subparagraph (A) 
shall include a requirement that each State include in 
the State implementation plan criteria and procedures for 
consultation required by subparagraph (D)(i), and enforce-
ment and enforceability (pursuant to sections 93.125(c) and 
93.122(a)(4)(ii) of title 40, Code of Federal Regulations) 
in accordance with the Administrator’s criteria and proce-
dures for consultation, enforcement and enforceability.’’. 
(g) REGULATIONS.—Not later than 2 years after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall promulgate revised regulations to imple-
ment the changes made by this section. 
SEC. 6012. FEDERAL REFERENCE METHOD. 
(a) IN GENERAL.—Section 6102(e) of the Transportation Equity 
Act for the 21st Century (42 U.S.C. 7407 note; 112 Stat. 464–
465) is amended to read as follows: 
‘‘(e) FIELD STUDY.—Not later than 2 years after the date of 
enactment of the SAFETEA–LU, the Administrator 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 diameter; 
‘‘(2) develop a Federal reference method to measure directly 
particles that are larger than 2.5 micrometers in diameter 
without reliance on subtracting from coarse particle measure-
ments those particles that are equal to or smaller than 2.5 
micrometers in diameter; 
‘‘(3) develop a method of measuring the composition of 
coarse particles; and 
‘‘(4) submit a report on the study and responsibilities of 
the Administrator under paragraphs (1) through (3) to—
‘‘(A) the Committee on Energy and Commerce of the 
House of Representatives; and 
‘‘(B) the Committee on Environment and Public Works 
of the Senate.’’. 
SEC. 6013. AIR QUALITY MONITORING DATA INFLUENCED BY EXCEP-
TIONAL 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 public hearing’’ and 
inserting the following:
H. R. 3—740
‘‘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 EXCEP-
TIONAL 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 an event caused by human activity that 
is unlikely to recur at a particular location or a natural 
event; and 
‘‘(iv) is determined by the Administrator through 
the process established in the regulations promulgated 
under paragraph (2) to be an exceptional event. 
‘‘(B) EXCLUSIONS.—In this subsection, the term ‘excep-
tional event’ does not include—
‘‘(i) stagnation of air masses or meteorological 
inversions; 
‘‘(ii) a meteorological event involving high tempera-
tures 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 Federal land managers 
and State air pollution control agencies, the Administrator 
shall publish in the Federal Register proposed regulations 
governing the review and handling of air quality monitoring 
data influenced by exceptional events. 
‘‘(B) FINAL REGULATIONS.—Not later than 1 year after 
the date on which the Administrator publishes proposed 
regulations under subparagraph (A), and after providing 
an opportunity for interested persons to make oral presen-
tations of views, data, and arguments regarding the pro-
posed regulations, the Administrator shall promulgate final 
regulations governing the review and handling or air 
quality monitoring data influenced by an exceptional event 
that are consistent with paragraph (3). 
‘‘(3) PRINCIPLES AND REQUIREMENTS.—
‘‘(A) PRINCIPLES.—In promulgating regulations under 
this section, the Administrator shall follow—
‘‘(i) the principle that protection of public health 
is the highest priority; 
‘‘(ii) the principle that timely information 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; 
‘‘(iv) the principle that each State must take nec-
essary 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
H. R. 3—741
recur are represented accurately in all monitoring data 
and analyses. 
‘‘(B) REQUIREMENTS.—Regulations promulgated under 
this section shall, at a minimum, provide that—
‘‘(i) the occurrence of an exceptional event must 
be demonstrated by reliable, accurate data that is 
promptly produced and provided by Federal, State, 
or local government agencies; 
‘‘(ii) a clear causal relationship must exist between 
the measured exceedances of a national ambient air 
quality standard and the exceptional event to dem-
onstrate that the exceptional event caused a specific 
air pollution concentration at a particular air quality 
monitoring location; 
‘‘(iii) there is a public process for determining 
whether an event is exceptional; and 
‘‘(iv) there are criteria and procedures for the Gov-
ernor of a State to petition the Administrator to exclude 
air quality monitoring data that is directly due to 
exceptional events from use in determinations by the 
Administrator with respect to exceedances or violations 
of the national ambient air quality standards. 
‘‘(4) INTERIM PROVISION.—Until the effective date of a regu-
lation promulgated under paragraph (2), the following guidance 
issued by the Administrator 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. 6014. FEDERAL PROCUREMENT OF RECYCLED COOLANT. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the President shall conduct a review of 
Federal procurement policy of recycled coolant. 
(b) ELEMENTS.—In conducting the review under subsection (a), 
the President shall consider recycled coolant produced from proc-
esses that—
(1) are energy efficient; 
(2) generate no hazardous waste (as defined in section 
1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)); 
(3) produce no emissions of air pollutants; 
(4) present lower health and safety risks to employees 
at a plant or facility; and 
(5) recover at least 97 percent of the glycols from used 
antifreeze feedstock. 
SEC. 6015. CLEAN SCHOOL BUS PROGRAM. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the Environmental Protection Agency. 
(2) ALTERNATIVE
FUEL.—The term ‘‘alternative fuel’’ 
means—
(A) liquefied natural gas, compressed natural gas, 
liquefied petroleum gas, hydrogen, or propane;