PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1881
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 substitution or addition. ‘‘(D) NO REQUIREMENT FOR NEW CONFORMITY DETERMINATION.—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 following: ‘‘(4) CRITERIA AND PROCEDURES FOR DETERMINING CONFORMITY.— ‘‘(A) IN GENERAL.—The Administrator shall promulgate, 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:
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