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.
PL 107-230 (H.R.3880), enacted 10/01/2002

PUBLIC LAW 107-230—OCT. 1, 2002 
116 STAT. 1469 
Public Law 107-230 
107th Congress 
An Act 
To provide a temporary waiver from certain transportation conformity requirements 
and metropolitan transportation planning requirements under the Clean Air Act 
Oct. 1, 2002 
and under other laws for certain areas in New York where the planning offices 
[H R 38801 
and resources have been destroyed by acts of terrorism, and for other pxirposes. 
Be it enacted by the Senate and House of Representatives 
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 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, Highlands, 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 procedures. 
(b) INTERIM PROGRESS REPORT.—Not later than January 1, DeadUne. 
2004, the Governor of New York shall submit to the Committees 
on Energy and Commerce and Transportation and Infrastructure 
of the House of Representatives, the Committee on Environment 
and Public Works of the Senate, the Administrator of the Environ-
mental Protection Agency, and the Secretary of Transportation 
a report regarding the status of the State's progress towards 
achieving compliance with the provisions of law and regulation 
subject to the temporary waiver provided by subsection (a). Such 
report shall explain in detail the steps that the State has taken 
towards achieving such compliance and identify the necessary steps 
that remain to be taken by September 30, 2005, in order for the 
transportation projects, programs, and plans for the counties 
referred to in subsection (a) to be in compliance with the provisions 
of section 176(c) of the Clean Air Act, and the regulations promul-
gated 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; TEMPORARY 
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), 
116 STAT. 1470 
PUBLIC LAW 107-230—OCT. 1, 2002 
and 134(1)(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 designated under section 
134(b) of title 23 of the United States Code. 
SEC. 3. ADDITIONAL REQUIREMENTS. 
(a) PROHIBITION ON CAPACITY EXPANSION.—During the period 
of the temporary transportation conformity waiver for transpor-
tation plans, programs, and projects under section 1, no regionally 
significant capacity expanding highway project shall be added to 
the Regional Transportation Plan for the counties referred to in 
section 1 and no such project may be advanced from the out years 
of the Plan into the TIP, except as provided in subsection (b). 
(b) EXCEPTION.—^Any regionally significant capacity expanding 
highway project south of Canal Street and West of Broadway in 
Manhattan may be added to the Plan referred to in subsection 
(a) if— 
(1) the project is part of a redevelopment plan for lower 
Manhattan subject to NEPA and the New York State Environ-
mental Quality Act, as applicable; and 
(2) any projected increases in transportation related emis-
sions resulting from the project are offset by corresponding 
reductions within the affected county, with best efforts made 
to secure reductions from within the immediate area affected 
by the project's emissions. 
Approved October 1, 2002. 
LEGISLATIVE HISTORY—H.R. 3880: 
HOUSE REPORTS: No. 107-649 (Comm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
Sept. 10, considered and passed House. 
Sept. 12, considered and passed Senate.