I
104TH CONGRESS
1ST SESSION
H. R. 307
To modify certain regulatory requirements of the Environmental Protection
Agency regarding motor vehicle inspection and maintenance, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. KLINK introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To modify certain regulatory requirements of the Environ-
mental Protection Agency regarding motor vehicle inspec-
tion and maintenance, 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. SHORT TITLE.
This Act may be cited as the ‘‘Clean Air Flexibility
Act of 1995’’.
SEC. 2. REVIEW AND REPUBLICATION OF EPA GUIDANCE.
Within 12 months after the date of the enactment
of this Act, the Administrator of the Environmental Pro-
tection Agency shall review, revise, update, and republish
in the Federal Register the guidance for the States for
motor vehicle inspection and maintenance programs re-
quired by the Clean Air Act, taking into consideration the
Administrator’s investigations and audits of such pro-
grams. The guidance shall, at a minimum, provide a cost-
effective analysis of motor vehicle inspection and mainte-
nance programs, cover the frequency of inspections, the
types of vehicles to be inspected (which shall include leased
vehicles that are registered in the nonattainment area),
vehicle maintenance by owners and operators, audits by
the State, the test method and measures, including wheth-
er centralized or decentralized, inspection methods and
procedures, quality of inspection, components covered, as-
surance that a vehicle subject to a recall notice from a
manufacturer has complied with that notice, and effective
implementation and enforcement, including ensuring that
any retesting of a vehicle after a failure shall include proof
of corrective action and providing for denial of vehicle reg-
istration in the case of tampering or misfueling. The guid-
ance which may be incorporated in the applicable State
implementation plans by the States shall provide the
States with continued reasonable flexibility to fashion ef-
fective, reasonable, and fair programs for the affected
consumer. No later than 2 years after the Administrator
promulgates regulations under section 202(m)(3) of the
Clean Air Act (relating to emission control diagnostics),
the State shall submit a revision to such program to meet
any requirements that the Administrator may prescribe
under that section.
SEC. 3. TIMING FOR STATES.
The Environmental Protection Agency rule published
on November 5, 1992 (57 Fed. Reg. 52950) shall cease
to have any force and effect after the enactment of this
Act. Notwithstanding any other provision of law or regula-
tion, each State with an applicable implementation plan
under the Clean Air Act that contains provisions for an
enhanced motor vehicle inspection and maintenance pro-
gram may, within one year from the publication of the
guidance described in section 1, submit, revise, alter or
amend such applicable implementation plan. In the in-
terim, each such State shall incorporate each of the spe-
cific elements set forth in clauses (i), (ii), (iii), (iv), (v),
and (vii) of subparagraph (C) of section 182(c)(3) of that
Act as expeditiously as possible.
SEC. 4. CONFORMING AMENDMENTS.
Section 182(c)(3) of the Clean Air Act is amended
as follows:
(1) In subparagraph (B) by striking ‘‘shall
comply’’ and inserting ‘‘may comply’’.
(2) In subparagraph (C) by striking ‘‘shall in-
clude’’ and inserting ‘‘may include’’.
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