Sec. 401. Limitations on certain Federal assistance under Clean Air Act
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Section 176 of the Clean Air Act ( 42 U.S.C. 7506 ) is amended— in subsection (c)(1)— by striking the undesignated matter following clause
(iii)of subparagraph (B); and in the fourth sentence, by striking Conformity to an implementation plan means— and inserting the following: In this section, the term conform , with respect to the status of an activity, project, program, or plan as determined under an applicable implementation plan, means that the activity, project, program, or plan— ; in subsection
(a)(as so redesignated)— in paragraph
(1)(as so redesignated)— by striking
(A)conformity to and inserting the following: achieves compliance with ; and by striking
(B)that such activities will and inserting the following: will ; by moving the subsection (as so amended) to appear at the beginning of the section; and by adding at the end the following: For purposes of paragraph (1), a determination regarding the conformity of an activity, project, program, or plan shall be based on the most recent estimates of the emissions of the activity, project, program, or plan, which shall be determined based on the most recent applicable population, employment, travel, and congestion estimates (as determined by the metropolitan planning organization or other agency authorized to make those estimates). ; by redesignating subsections
(c)and
(d)as subsections
(b)and (c), respectively; in subsection
(b)(as so redesignated)— by striking the subsection designation and all that follows through No department in the first sentence and inserting the following: No department ; in paragraph (1)(A) (as so redesignated)— in the first sentence, by striking it has and inserting the implementation plan has ; in the third sentence, by striking The assurance of conformity to such an implementation plan and inserting the following: The assurance of conformity to an implementation plan approved or promulgated under section 110 ; and in the second sentence, by striking No metropolitan and inserting the following: No metropolitan ; in paragraph (2)— in subparagraph (A), by striking of paragraph (1)(B) and inserting described in subsection (a)(1)(B) ; in subparagraph (C)— in clause (i), by striking
(i)such a project and inserting the following: the project ; in clause (ii), by striking
(ii)the design and inserting the following: the design ; in clause (iii), by striking
(iii)the design and inserting the following: the design ; and in the matter preceding clause (i), by striking only if it meets either the requirements of subparagraph
(D)or the following requirements and inserting the following: only if— the transportation project achieves compliance with all applicable requirements of clause (iv); or ; in subparagraph (D), by striking subparagraph
(C)and inserting clause
(iii); in subparagraph (E)— in clause (ii), by striking clause
(i)and inserting subclause
(I); and by redesignating clauses
(i)through
(iii)as subclauses
(I)through (III), respectively, and indenting the subclauses appropriately; by redesignating subparagraphs
(A)through
(E)as clauses
(i)through (v), respectively, and indenting the clauses appropriately; and in the matter preceding clause
(i)(as so redesignated)— in the third sentence, by striking In particular— and inserting the following: The additional requirements referred to in subparagraph (B)(i)(II) are that— ; in the second sentence— by striking been found to conform to any applicable implementation plan in effect under this Act. and inserting the following: been determined— to conform to an applicable implementation plan in effect under this Act (as determined in accordance with paragraph (4)(B)); and to achieve compliance with all applicable additional requirements described in subparagraph (C). ; and by striking No Federal and inserting the following: Subject to clause (ii), no Federal ; in the first sentence, by striking
(2)Any and inserting the following: Each ; and in subparagraph
(B)(as designated by subclause (II)(bb)), by adding at the end the following: The requirement described in clause
(i)shall not apply— to a transportation plan, program, or project carried out in an area designated under this Act as a marginal nonattainment or attainment-maintenance area; and in an area that is not an area described in subclause (I), until the date that is 180 days after the date on which the Administrator approves the motor vehicle emissions budget contained in the State implementation plan applicable to the relevant transportation plan, program, or project. ; in paragraph (3)— in subparagraph (A)— in clause (i), by adding and after the semicolon at the end; and by striking clause (iii); and in subparagraph (B)— in clause (i), by striking enactment; and and all that follows through the end of the undesignated matter following clause
(ii)and inserting enactment. ; and in the matter preceding clause (i), by striking projects— and all that follows through come from in clause
(i)and inserting projects are carried out under ; in paragraph (4)— in subparagraph (B)— by striking The Administrator and inserting the following: Subject to clause (ii), the Administrator ; and by adding at the end the following: The criteria and procedures promulgated pursuant to clause
(i)shall— be based on the most recently issued national ambient air quality standard for each applicable criteria pollutant; and establish that conformity in the case of transportation plans, programs, and projects shall not be required— in any area designated under this Act as a marginal nonattainment or attainment-maintenance area; and with respect to any area that is not an area described in item (aa), until the date that is 180 days after the date on which the Administrator approves the motor vehicle emissions budget contained in the State implementation plan applicable to the relevant transportation plan, program, or project. ; in subparagraph (D)— in clause (ii)— in subclause (II), by striking paragraph (2)(E) and inserting paragraph (2)(C)(v) ; and by indenting subclauses
(I)and
(II)appropriately; by indenting clauses
(i)through
(iii)appropriately; and by striking
(D)The and inserting the following: The ; and in subparagraph (F), by striking
(F)Compliance and inserting the following: Compliance ; by striking paragraphs
(5)and (6); by redesignating paragraphs
(7)through
(9)as paragraphs
(5)through (7), respectively; in subparagraph
(A)of paragraph
(5)(as so redesignated), by striking Each and inserting Subject to paragraph (2)(B)(ii)(II), each ; in paragraph
(7)(as so redesignated), by striking If and inserting the following: In this paragraph, the term lapse , with respect to a conformity determination for a transportation plan or transportation improvement program, means that— the conformity determination has expired; and as a result of that expiration, no currently conforming transportation plan or transportation improvement program exists. If ; and by striking paragraph (10); and in subsection
(c)(as redesignated by paragraph (3))— in the second sentence, by striking This paragraph extends to, but is not limited to, and inserting the following: The authority described in paragraph
(1)includes any ; and by striking the subsection designation and all that follows through Federal Government and inserting the following: Each Federal department, agency, and instrumentality .
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Sec. 401
Limitations on certain Federal assistance under Clean Air Act
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