I
104TH CONGRESS
1ST SESSION
H. R. 46
To delay for two years the required implementation date for enhanced vehicle
inspection and maintenance programs under the Clean Air Act, to require
the Administrator of the Environmental Protection Agency to reissue
regulations relating to such programs, to provide for the redesignation
of certain areas, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. GEKAS introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To delay for two years the required implementation date
for enhanced vehicle inspection and maintenance pro-
grams under the Clean Air Act, to require the Adminis-
trator of the Environmental Protection Agency to reissue
regulations relating to such programs, to provide for
the redesignation of certain areas, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—MOTOR VEHICLE
INSPECTION AND MAINTENANCE
SEC. 101. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that, in carrying out
title I of the Clean Air Act (42 U.S.C. 7401 et seq.), the
Administrator of the Environmental Protection Agency
(referred to in this Act as the ‘‘Administrator’’) has failed
to—
(1) adequately consider alternative programs to
centralized vehicle emission testing programs, as re-
quired by section 182(c)(3)(C)(vi) of such Act (42
U.S.C. 7511a(c)(3)(C)(vi)); and
(2) provide adequate credit to States for the al-
ternative programs.
(b) PURPOSE.—The purpose of this title is to require
the Administrator to—
(1) reassess the determinations of the Adminis-
trator with respect to the equivalency of centralized
and 
decentralized 
programs 
under 
section
182(c)(3)(C)(vi) 
of 
such 
Act 
(42 
U.S.C.
7511a(c)(3)(C)(vi)); and
(2) issue new regulations governing the pro-
grams that—
(A) result in minimum disruption to the
ability of States to comply with other require-
ation of the program described in sub-
section (a) on a centralized basis, taking
into consideration comments submitted by
States; and
(ii) issue new regulations relating to
operation of the program described in sub-
section (a) on a centralized basis.
(2) REQUIREMENTS.—The regulations issued
under paragraph (1)(B)(ii) shall—
(A) in accordance with the intent of sec-
tion 182(c)(3)(C)(vi) of the Clean Air Act (42
U.S.C. 7511a(c)(3)(C)(vi)) and section 184 of
that Act (42 U.S.C. 7511c)—
(i) make reasonably available to
States the option of operation of the pro-
gram described in subsection (a) on a de-
centralized basis; and
(ii) establish criteria that a State
must meet in order to demonstrate that a
decentralized program of the State is
equally effective as a centralized program;
and
(B)(i) provide each State a reasonable op-
portunity to submit (at the option of the State)
a new revision to a plan under section 182(c)(3)
(42 U.S.C. 7511a(c)(3)) or 184 (42 U.S.C.
7511c) of such Act based on the new regula-
tions, which revision shall replace any revision
to a plan previously submitted by the State
under section 182(c)(3) or 184 of such Act; and
(ii) include a schedule that provides States
a reasonable opportunity to implement any new
revisions to plans that they submit.
(3) JUDICIAL
REVIEW.—Notwithstanding sec-
tion 706 of title 5, United States Code, or any other
provision of law, if the regulations issued pursuant
to paragraph (1)(B)(ii) are reviewed by a court, the
court shall hold unlawful and set aside the regula-
tions if the regulations are found to be unsupported
by a preponderance of the evidence.
(c) PROHIBITION ON IMPOSITION OF SANCTIONS.—
Until such time as the Administrator has carried out sub-
section (b)(1)—
(1) the Administrator may not issue a finding,
disapproval, or determination under section 179(a)
of the Clean Air Act (42 U.S.C. 7509(a)), or apply
a sanction specified in section 179(b) of such Act,
to a State with respect to a failure to implement a
program described in subsection (a), or any portion
of such a program; and
(2) the Administrator and the Administrator of
the Federal Highway Administration of the Depart-
ment of Transportation may not take any adverse
action, against a State with respect to a failure de-
scribed in paragraph (1), under
(A) section 176 of the Clean Air Act (42
U.S.C. 7506);
(B) chapter 53 of title 49, United States
Code;
(C) subpart T of part 51, or subpart A of
part 93, of title 40, Code of Federal Regula-
tions (commonly known as the ‘‘transportation
conformity rule’’); or
(D) part 6, 51, or 93 of title 40, Code of
Federal Regulations (commonly known as the
‘‘general conformity rule’’).
(d) FULL
CREDIT
FOR
DECENTRALIZED
PRO-
GRAMS.—Until such time as the Administrator has carried
out subsection (b)(1), for the purpose of the attainment
demonstration and the reasonable further progress dem-
onstration required under section 182(c)(2) of the Clean
Air Act (42 U.S.C. 7511a(c)(2)), the Administrator shall
consider the operation of the program described in sub-
section (a) on a decentralized basis as equivalent to the
operation of the program on a centralized basis in any case
in which a State demonstrates that a determination of
such an equivalency is reasonable.
(e) VEHICLE INSPECTION
AND MAINTENANCE
IN
OZONE TRANSPORT REGIONS.—Section 184(b)(1)(A) of
the Clean Air Act (42 U.S.C. 7511c(b)(1)(A)) is amended
by striking ‘‘182(c)(2)(A)(pertaining to enhanced vehicle
inspection and maintenance programs)’’ and inserting
‘‘182(b)(4)(relating to motor vehicle inspection and main-
tenance) or, in the case of an area classified as serious,
severe, or extreme, section 182(c)(3)(A)(relating to en-
hanced vehicle inspection and maintenance programs)’’.
TITLE II—REDESIGNATION OF
ATTAINMENT AREAS
SEC. 201. FINDINGS.
The Congress finds that—
(1) The year 1988 was a climatological anom-
aly, with data collection revealing unparalleled, fre-
quent, and high temperatures.
(2) The frequency and persistence of high tem-
perature days are the most significant factors in
causing ambient ozone air pollution episodes.
(3) The number of ambient ozone air pollution
exceedance days on a national average (excluding
the State of California) was 607 days in 1988, com-
pared to 104 days in 1993, and 93 days in 1994.
(4) In a 3-year measurement of ozone which in-
cluded 1988 data, the Environmental Protection
Agency found 98 regions as ozone nonattainment
under the Clean Air Act.
(5) In a 3-year average of ozone measurement
excluding 1988 data, the Environmental Protection
Agency found 41 of the 98 previously designated
nonattainment regions registering ozone attainment
under the Clean Air Act for the consecutive years
1991, 1992, 1993.
SEC. 202. REDESIGNATION AS ATTAINMENT.
Section 107(d)(3)(B) of the Clean Air Act (42 U.S.C.
7407(d)(3)(B)) is amended by inserting ‘‘(i)’’ after ‘‘(B)’’,
and adding the following new clause (ii) at the end thereof:
‘‘(ii) Notwithstanding any other provision of
this paragraph, if the Governor submits a redesigna-
tion of an appropriate area, or portion thereof, from
nonattainment to attainment, and such designation
is based upon the attainment of the relevant Na-
tional Ambient Air Quality Standard for 3 consecu-
tive years, such redesignation shall become effective
immediately upon receipt by the Administrator.’’.
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