United States
Environmental Protection
Agency
Office of Mobile Sources
2565 Plymouth Road
Ann Arbor, Michigan. 48105
EPA420/R-92-001
July 1992
Air
DIVISION
f/EPA 1992
OF
NETF.QROI GGY
Transportation & Air Quality
Planning Guidelines
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1992 TRANSPORTATION AMP AIR QUALITY PLANNINg GUIDELINES
THE 1992
TRANSPORTATION & AIR QUALITY
PLANNING GUIDELINES
The 1992 Transportation & Air Quality Planning Guidelines are
provided in response to Section 108 (e) of the Clean Air Act, as
amended November 15, 1990 (CAAA), which directs the Administrator
of the Environmental Protection Agency (EPA) to "update the 1978
Transportation-Air Quality Planning Guidelines and publish guidance
on the development and implementation of transportation and other
measures necessary to demonstrate and maintain attainment of
national ambient air quality standards."
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
Table of Contents
Chapter 1
Introduction 1
Publication Content 1
Background on the Clean Air Act Amendments 2
Overview of the Air Quality Planning Process .... .21
Lead Planning Organization .22
Planning Requirements and Procedures .23
Overview of the Transportation Planning Process . . . .25
Integration of Transportation and Air Quality Planning .30
Chapter 2
Considerations in the Planning Process 31
Planning Procedures 31
Considerations for Inventory/VMT Estimates 33
Considerations for Transportation Control Measures ... 35
Considerations for PM-10 37
Conformity 39
Public Participation 41
Chapter 3
Some Case Studies 43
Relevant Publications 60
Tables: 1 pg. 8; 2 pg. 12; 3 pg. 15; 4 pg. 18; 5 pg. 27;
6 pg.44; 7 pg. 45; 8 pg. 46; 9 pg. 47; 10 pg. 48;
11 pg. 50.
Appendices 62
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1992 TRANSPORTATION AMD AIR QUALITY PLANNING gUIDELINES
Chapter 1
Introduction
The 1990 Clean Air Act Amendments (CAAA) direct the Administrator
of the Environmental Protection Agency (EPA) to "update the 1978
Transportation & Air Quality Planning Guidelines and publish
guidance on the development and implementation of transportation
and other measures necessary to demonstrate and maintain attainment
of national ambient air quality standards." This document provides
guidelines and guidance to State and local government officials to
assist them in planning for transportation related emissions
reductions that will contribute to the attainment and maintenance
of the national ambient air quality standards (NAAQS) for ozone,
carbon monoxide and particulate matter (PM10).
Publication Content
The introduction of the publication provides an overview and
summary of: the transportation related provisions of the Clean Air
Act Amendments, the air quality planning process, the
transportation planning process, and an overview of the document.
Chapter 2 addresses many of the considerations involved in the
planning process including: development of planning procedures,
critical questions that need to be considered in the planning
process, funding, and public participation. Chapter 3 provides
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
examples of draft planning procedures proposed by two States and an
example memorandum of understanding (MOU) from the State of
Michigan pursuant to Section 174 of the CAAA. This memorandum
assigns joint responsibilities between the State and the MPO for
planning purposes.
Appendix A includes a list of abbreviations used throughout the
text. Appendix B includes an annotated list of references.
Appendix C includes relevant sections of the CAAA. Appendix D
includes relevant sections of transportation laws. Appendix E
includes an expanded summary of transportation related provisions
of the CAAA. Appendix F includes a summary table with the State
submittals and actions required by the Act. Appendix G contains
selected portions of the Intermodal Surface Transportation
Efficiency Act of 1991.
Background on the Clean Air Act Amendments
Since 1968, when the first emission controls were installed on
motor vehicles and 1974, when the first motor vehicle emissions
inspection and maintenance (I/M) programs were instituted,
significant emissions reductions have been achieved by the Federal
Motor Vehicle Control Program (FMVCP) and the States' vehicle I/M
programs. However, benefits from these emissions reductions have
been increasingly eroded by the growth in vehicle use. The United
States has experienced substantial growth in vehicle miles traveled
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
(VMT) . Nationally, VMT has grown at rates three to four times
higher than the rate of population growth, and in some urban areasr
VMT has increased by five to eight percent per year. Continued
increases in VMT will eventually result in increased emissions
despite the FMVCP and I/M and make it more difficult to maintain
air quality improvements over the long term.
The 1977 CAAA were the first to focus strongly on the widespread
NAAQS nonattainment problem and the substantial contribution of the
transportation sector to urban air pollution. Nonetheless, by the
final date for attainment of the NAAQS, in December 1987, most
large urban areas across the country had not attained the national
air quality standards for either ozone or carbon monoxide.
Concurrently, the number of urban area experiencing increases in
violations of the particulate matter standards also increased.
Although transportation control measures (TCMs) are mentioned
prominently as part of a potential attainment strategy in the 1977
Act, the law lacked specificity regarding the control measures to
be adopted by the States. As a result, few TCMs were adopted by
the States and incorporated into the State Implementation Plans
(SIPs).
Currently, there are approximately 120 nonattainment areas in the
United States. More than 90 urban areas fail to meet the national
standard for ozone, and more than 40 areas fail to meet the carbon
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
monoxide standard. More than 60 areas are in nonattainment for PM-
10, fourteen of which are being elevated from moderate to serious
nonattainment. Mobile source emissions contribute significantly to
the air pollution problems in many of the cities. An estimated 30 -
70 percent of ozone precursors, and up to 90 percent of carbon
monoxide pollution is attributed to motor vehicles. Diesel
vehicles alone produce almost 50 percent of the PM-10 in New York
City.
The Clean Air Act Amendments of 1990 (CAAA) establish a process of
designation and classification of areas of the country with regard
to nonattainment of the standards. The amendments establish new
attainment deadlines and new requirements for the State air quality
implementation planning process.
Title I of the Act presents the overall framework and strategies
for attaining the national ambient air quality standards. The
provisions of this title consider a number of technological and
non-technological approaches to emissions reductions. Unlike the
previous statute which had a single attainment date for all areas
with the possibility of a one-time extension of the date, the new
Act classifies areas according to the severity of their air quality
problems, and attainment dates ranging from three to twenty years
hence are assigned for each classification.
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1992 TRANSPORTATION AMD AIR QUALITY PLANNING GUIDELINES
The requirements and control measures for motor vehicles become
increasingly rigorous and prescriptive as the nonattainment
classifications increase in severity. Areas classified as
"marginal" for ozone nonattainment must submit comprehensive
inventories including transportation emission sources and must
undertake immediate corrections to previously adopted but
inadequate vehicle inspection/maintenance (I/M) programs. Areas
classified as "moderate" must accomplish these tasks as well as
develop additional plans and programs which will achieve a 15
percent reduction in volatile organic compounds (VOCs) within six
years from the date of enactment. Moderate areas which have not
already adopted I/M programs must do so. In addition to meeting
the requirements for the moderate areas, serious nonattainment
areas must implement a variety of programs which include: reducing
VOC emissions by an additional 3 percent per year beyond 1996,
establishing a clean fuels program for commercial fleets, and
adopting an enhanced I/M program (if the 1980 urban population
exceeds 200,000).
"Severe" and "extreme" nonattainment areas must also adopt TCMs
necessary to offset emissions increases from increases in either
VMT or vehicle trips and to meet the Act's reasonable further
progress (RFP) and attainment requirements. In addition, they must
adopt employer trip reduction provisions (ETR) which require
employers with more than 100 employees to increase the average
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
passenger occupancy (APO) during commute trips by no less than 25%
above the average vehicle occupancy (AVO) for the nonattainment
area.
Title II of the Act includes new requirements for cars, trucks, and
buses, and the fuels they use, in order to further limit air
pollution emissions at the source. There is a five-year phase-in,
beginning in 1994, of tougher tailpipe emission standards for cars
and light trucks with the possibility of even stricter limits if
necessary. EPA is also directed to issue more stringent emission
standards for urban buses. There are requirements for controlling
evaporative emissions from vehicles and refueling emissions amd for
developing and marketing less polluting fuels (reformulated
gasoline, low-sulfur diesel fuel, etc.). To stimulate development
of alternative fuel technologies, Title II outlines the clean-fuel
fleet vehicle program which will be introduced in the worst
nonattainment areas. A pilot program for alternative-fueled cars
is to be implemented in California.
The CAAA establish milestones for monitoring a nonattainment area's
progress during the time period allotted for reaching attainment.
The reasonable further progress (RFP) milestones are designed to
keep the nonattainment areas moving toward attainment of the NAAQS.
If the RFP milestones are not achieved, the CAAA mandate the
implementation of contingency measures.
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
Tables 1 and 2 summarize the Clean Air Act requirements by
nonattainment area classification for ozone and carbon monoxide.
Tables 3 and 4 summarize transportation-related requirements by
deadlines for program submittal and include listings of relevant
documents and references. Appendix C contains relevant Sections of
the CAAA. Appendix E contains a more detailed summary of the
transportation-related provisions of the CAAA. Appendix F contains
a summary table of the required State SIP submittals and actions by
submittal deadline. Appendix G contains selected portions of the
Intermodal Surface Transportation Efficiency Act of 1991.
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1992 TRANSPORTATION AND AIR QUALITY PLANNINC GUIDELINES
TABLE 1
SPECIFIC TRANSPORTATION-RELATED PROVISIONS
OF THE CLEAN AIR ACT AMENDMENTS OF 1990 (CAAA)
BY OZONE NONATTAINMENT AREA CLASSIFICATIONS
Marginal
Albany, NY Allentown, PA-NJ Altoona, PA
Birmingham, AL Buffalo, NY Canton, OH
Cherokee Co, SC Columbus, OH Door Co, WI
Edmonson Co, KY Erie, PA Essex Co, NY
Evansville, IN-KY Greenbrier Co WV Hancock & Waldo Co.s, ME
Harrisburg, PA Indianapolis, IN Jefferson Co, NY
Jersey Co, IL Johnstown, PA Kent & Queen Anne's MD
Knoxville, TN Lake Charles, LA Lancaster, PA
Lexington, KY Manchester, NH Memphis, TN-AR-MS
Norfolk, VA Owensboro, KY Paducah, KY
Portland, OR Poughkeepsie, NY Reno, NV
Scranton, PA Seattle-Tacoma, WA Smyth Co, VA
South Bend, IN Sussex Co, DE Tampa, FL
Walworth Co. WI York, PA Youngstown, OH
Sharon, PA
- These areas exceed the ozone standard of .12 parts per
million (ppm) by 15 percent or less (.121 ppm up to .138 ppm) ,
and are required to attain the standard within 3 years of
enactment (11/15/93).
- Emission inventories are due within 2 years of enactment.
Revised emission inventories are required at the end of each
3-year period until attainment.
- These areas must correct existing or previously required
inspection/maintenance (I/M) programs.
- These areas will be reclassified as moderate nonattainment
areas if they fail to attain the standard by the deadline
(plus up to two one-year available extensions).
Moderate
Atlantic City, NJ Charleston, WV Charlotte, NC-SC
Cincinnati, OH-KY-IN Cleveland, OH Dallas, TX
Dayton, OH Detroit, MI Grand Rapids, MI
Greensboro, NC Huntington, WV-KY-OH Kewaunee Co, WI
Knox & Lincoln Co.s, ME Lewiston, ME Louisville, KY-IN
Manitowoc Co, WI Miami, FL Monterey Bay, CA
Nashville, TN Parkersburg, WV-OH Phoenix, AZ
Pittsburgh, PA Portland, ME Raleigh, NC
Reading, PA Richmond, VA Salt Lake City, UT
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1992 TRANSPORTATION AMD AIR QUALITY PLANNING GUIDELINES
San Francisco, CA Santa Barbara, CA St Louis, MO-IL
Toledo, OH
- These areas exceed the standard by 15 percent to 33 percent
(.138 ppm to .160 ppm), and are required to attain the
standard in 6 years (11/15/93). Moderate areas must meet
marginal area requirements.
- In addition to meeting marginal area requirements, moderate
areas have to submit SIP revisions within 3 years of enactment
demonstrating volatile organic compound (VOC) reductions,
within 6 years of enactment of at least a 15 percent from 1990
baseline emissions, while accounting for any growth in
emissions after enactment. (Additional requirements for major
Nox sources apply in certain areas.)
- Contingency measures be implemented if the area fails to
make reasonable further progress or attain the NAAQS by the
attainment date. These measures are to be included in the SIP
and are to take effect without further action by the State or
EPA.
- These areas must adopt basic I/M programs.
- These areas will be reclassified as serious nonattainment
areas if they fail to attain the standard by the deadline
(plus up to two one-year available extensions).
Serious
Atlanta, GA Baton Rouge, LA Beaumont, TX
Boston, MA-NH (east MA) El Paso, TX Greater Connecticut
Muskegon, MI Portsmouth, NH-ME Providence, RI
Sacramento, CA San Joaquin Valley, CA Sheboygan, WI
Springfield, MA Washington, DC-MD-VA
- These areas exceed the standard by 33 percent to 50 percent
(.160 ppm to .180 ppm), and are required to attain the
standards in 9 years (11/15/99). Serious areas must meet
moderate area requirements.
- In addition to meeting moderate area requirements, these
areas have to submit SIP revisions within 4 years of enactment
that demonstrate VOC reductions that average 3 percent per
year each consecutive 3-year period beginning 6 years after
enactment.
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
- These areas must submit SIP revisions within 42 months of
enactment establishing clean-fuel vehicle programs, mandating
that certain percentages of new fleet vehicles be clean-fuel
vehicles and use clean-fuels within the nonattainment area,
including measures to make the use of clean alternative fuels
economical to clean-fuel vehicle owners.
- Beginning 6 years after enactment and each 3-year period
thereafter, the State has to submit a demonstration as to
whether vehicle emissions, congestion levels, vehicle miles
traveled (VMT), and other relevant parameters are consistent
with those used in the SIP; if not the State has 18 months to
submit SIP revisions that include transportation control
measures (TCMs) to reduce emissions to levels consistent with
SIP levels.
- In addition to the contingency provisions required under
Section 172 (c) (9), the SIP shall provide for implementation of
specific measures to be undertaken if the area fails to meet
any applicable milestone.
- These areas must adopt enhanced I/M programs if the 1980
urban population exceeds 200,000.
- These areas will be reclassified as severe nonattainment
areas if they fail to attain the standard by the deadline
(plus up to two one-year available extensions).
Severe
Baltimore, MD* Chicago, IL-IN-WI* Houston, TX*
Milwaukee, WI New York NY-NJ-CT* San Diego, CA*
Philadelphia, PA-NJ-DE-MD Ventura Co. CA
South East Desert Modified AQMA, CA
- These areas exceed the standard by 50 percent to 133 percent
(.180 ppm - .280 ppm). Areas with design values from .180 -
.189 ppm are required to attain the standards in 15 years
(11/15/05). *Areas with design values from .189 - .280 ppm
are required to attain the standards in 17 years (11/15/07).
Severe areas must meet serious area requirements.
- In addition to meeting serious area requirements, these
areas must submit SIP revisions within 2 years of enactment,
which identify and adopt TCMs to offset growth in emissions
from growth in trips or VMT.
- Within 2 years of enactment, SIP revisions are due that
require employers of 100 or more to increase the average
10
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
passenger occupancy per vehicle for work trips by not less
than 25 percent above the average for all work trips in the
area. The average vehicle occupancy for the nonattainment
area needs to be established at the time of the SIP submittal.
The affected employers have to submit compliance plans within
2 years of the SIP revision (within 4 years of enactment)
demonstrating compliance not later than 4 years after the
revision (within 6 years of enactment).
- Severe areas which fail to attain the standard by the
deadline are subject to mandatory fees on stationary emission
sources and the more stringent new source review requirements
applicable to extreme areas.
Extreme
Los Angeles, CA
- The area exceeds the standard by more than 133 percent (.280
ppm and above), and has 20 years to attain (11/15/10) .
- Extreme areas must meet severe area requirements.
- In addition to meeting severe area requirements, each SIP
revision may contain measures to reduce the use of high
polluting vehicles or heavy-duty vehicles during heavy traffic
hours.
- Extreme areas which fail to attain the standard by the
deadline must submit a SIP revision within nine months to
implement a program of economic incentives and transportation
controls.
11
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1992 TRANSPORTATION AND AIR QUALITY PLANNING SUIDELINES
TABLE 2
SPECIFIC TRANSPORTATION-RELATED PROVISIONS
OF THE CLEAN AIR ACT AMENDMENTS OF 1990 (CAAA)
BY CARBON MONOXIDE (CO) NONATTAINMENT AREA CLASSIFICATIONS
Moderate
Albuquerque, MM
Baltimore, MD
Chico, CA
Duluth, MN-WI
Denver-Boulder, CO
Fairbanks Edr AK(Non-MSA)
Fresno, CA
Hartford CMSA (& Planning Area), CT
Klamath Co., OR (Klamath Falls, Non-MSA)
Medford, OR
Minneapolis-St. Paul, MN-WI
Modesto, CA
Philadelphia-Wilm.-Trent., PA-NJ-DE-MD
Portland-Vancouver, OR-WA
Raleigh-Durham, NC
Sacramento, CA
San Francisco-Oakland-San Jose, CA
Spokane, WA
Syracuse, NY
Anchorage, AK
Boston CMSA (& Planning Area), MA-NH
Cleveland-Akron-Lorain, OH
Colorado Springs, CO
El Paso, TX
Fort Collins-Loveland, CO
Greensboro-Winston Salem-H. Point, NC
Josephine Co., OR (Grants Pass, Non-MSA)
Las Vegas, NV
Memphis, TN-AR-MS
Missoula Co., MT (Non-MSA)
New York- New Jer.-Long Is., NY-NJ-CT
Phoenix, AZ
Provo-Orem, UT
Reno, NV
San Diego, CA
Seattle-Tacoma, WA
Stockton, CA
Washington, DC-MD-VA
- These areas exceed the 8-hour CO standard of 9 parts per
million (ppm) by not more than 82 percent (9.1 ppm to 16.4
ppm), and are required to attain the standard by December 31,
1995.
- Emissions inventories are due within 2 years of enactment
with revised inventories no later than September 30, 1995, and
no later than the end of each 3-year period thereafter until
attainment.
- States with CO nonattainment areas which have CO design
values of 9.5 ppm and above based on 1988 and 1989 data, or
for any 2-year period after 1989, must submit SIP revisions
requiring any gasoline sold in the metropolitan statistical
area (MSA) or consolidated metropolitan statistical area
(CMSA) to contain not less than 2.7 percent oxygen by weight.
This requirement must be in effect for not less than 4 months
per year. Those areas with design values of 9.5 ppm or more
on the date of enactment of the CAAA must provide for the
requirement to take effect no later than November 1, 1992.
Areas that reach the design value after enactment must provide
for the requirements to take effect no later than November 1,
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
of the third year after the 2-year period for which the design
value is determined.
- For those areas with design values above 12.7 ppm, State
Implementation Plan (SIP) revisions (due no later than 2 years
of enactment) have to contain vehicle miles traveled (VMT)
forecasts for each year until the attainment date, based on
the Environmental Protection Agency's guidance; the SIPs have
to provide for annual updates of forecasts, and annual reports
regarding the forecast accuracy. The SIPs must include
contingency provisions to be undertaken if actual or projected
VMT exceed the prior forecast.
- These areas are required to correct existing or previously
required inspection and maintenance (I/M) programs, with those
areas with design values above 12.7 and a 1980 urban
population greater than 200,000 being required to adopt
enhanced I/M programs.
- These areas will be reclassified as serious nonattainment
areas if they fail to attain the standard by the deadline
(plus two one-year available extensions).
Serious
Los Angeles-South Coast Air Basin, CA
- These areas exceed the 8-hour CO standard by 83 percent or
more (16.5 ppm and higher), and are required to attain by
December 31, 2000. *Winnebago and Steubenville-Weirton may
apply for waivers from mobile source controls, based on a
determination, yet to be made, that mobile sources do not
contribute significantly to CO levels.
- Serious areas have to meet the requirements for moderate
areas with design values of 12.7 ppm or greater.
- In addition to meeting moderate area requirements, States
with serious areas have to submit SIP revisions within 2 years
of enactment that include transportation control measures to
reduce CO emissions and offset emission increases from growth
in VMT, employer trip reduction programs, and require the
seasonal use of oxygenated fuel for the MSA or CMSA, whichever
is larger. The oxygen content must be sufficient, in
combination with other measures, to provide for attainment of
the CO standard by the applicable attainment date. The
oxygenated fuels requirement is to be in effect no later than
October 1, 1993.
13
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
- Attainment demonstrations have to include annual emission
reduction milestones; if the areas fail to meet the
milestones, a SIP revision to implement economic incentives
and a transportation control program is required
14
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
Overview of the Air Quality Planning Process
The Act requires States to achieve the NAAQS in order to
provide an adequate safety margin for the protection of
public health and to protect against known and anticipated
adverse effects on public welfare. The State's commitment to
attaining the NAAQS is outlined in the State Implementation
Plan (SIP), a planning document that, when implemented, is
designed to insure the achievement of the NAAQS. Each State
currently has a SIP in place, and the CAAA require that SIP
revisions be made periodically within the next several years.
SIPs include, among other elements,the following:
Inventories of emissions from point, area, and mobile
sources.
Statutes and regulations adopted by the State
Legislature and executive agencies.
Air quality analyses that include a demonstration
that adequate controls are in place to reduce
emissions sufficiently to meet the NAAQS.
Contingency measures to be undertaken if an area
fails to make reasonable further progress or to
attain the air quality standards by the applicable
attainment date.
The SIP must be submitted to public hearings and approved by
the Governor of the State or an appointed designee prior to
submittal to EPA. The approved SIP serves as the State's
commitment to actions that will reduce or eliminate air
quality problems. Once approved by EPA, the SIP becomes part
of the Code of Federal Regulations and is federally enforce-
able. Any subsequent changes must go through the formal SIP
revision process specified in the Act.
21
-------
1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
Lead Planning Organization
An important first step for States in the air quality
planning process is certification of the Lead Planning
Organization (LPO) . States with ozone, CO, or PM-10
nonattainment areas are urged to take actions to insure that
the LPO is certified as soon as possible. Once certified,
the LPO can expedite the planning process for imp 1 entente-it ion
of the CAAA requirements.
In most cases, State air quality agencies haves been designat-
ed the Lead Planning Organization (LPO) by the governor of
the State and have had primary responsibility for prepciring
SIPs. Historically, the LPOs have delegated portions of the
SIP preparation to State transportation agencies, regional
and metropolitan planning organizations (MPO), and/or
councils of governments.
Guidance regarding the certification of LPO's is included in
the General Preamble to Title I of CAAA (FR 13498, April 16,
1992) and Section 174 of the CAAA. The General Precimble
indicates that States will have two options available to
them. One option is to continue to use the planning organi-
zation previously certified. A second option is to certify
a new planning organization. Section 174 of the CAAA
requires that if a new planning organization is certified by
a State, it must include elected officials of local govern-
ments in the affected area and representatives of:
- the State air quality planning agency,
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
- the State transportation planning agency,
- the MPO designated to conduct the continuing
cooperative and comprehensive transportation
planning process for the area under Section
134 of Title 23, United States Code,
- the organization responsible for the air quality
maintenance planning process, and
- any other organization with responsibilities for
developing, submitting or implementing the
SIP.
Regardless of which certification option is selected, States
should notify their Regional EPA office of their LPO selec-
tion and certification prior to SIP submission.
Planning Requirements/Procedures
There have been significant changes in the planning require-
ments under Section 174 of the CAAA. Previously, planning
procedures applied only to ozone and CO nonattainment areas.
Under the amended Act, Section 174 of the 1990 CAAA applies
to PM-10 nonattainment areas in addition to ozone and CO
nonattainment areas. States with areas in nonattainment for
ozone, CO, or PM-10, must jointly review and update, as
necessary, their pre-1990 planning procedures with affected
local governments.
In preparing these procedures the State and local elected
officials must determine which elements of ? revised SIP will
be developed, adopted, and implemented by the State and which
elements will be carried out by other local, regional, or
State entities. Changes in planning procedures should be
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
reported to EPA Regional offices prior to the inventory SIP
submittal, due in November of 1992. Chapter 2 of this
document contains a more detailed discussion of the planning
procedures related to Section 174. Relevant guidance on
Section 174 is contained in Appendix U (40 CFR Part 51) .
Sections 3.2-3.4 of Appendix U provide guidance on -joint
determination of responsibilities. Although the dates, some
procedures, and documents contained in Appendix U are riot
current, the information contained within is useful.
An example of an agreement outlining the joint determination
of responsibilities, pursuant to Section 174, is contained in
Appendix G of this document. The State of Michigan's Memoran-
dum of Understanding (MOU) with the Southeast Michigan
Council of Governments (SEMCOG) is a solid framework upon
which to model joint determination of responsibilities
agreements.
Funding
The Administrator of the Environmental Protection Agency
makes grants under Section 105 of the Act to air pollution
control agencies for programs designed to attain the national
air quality standards. Fundable activities include planning,
developing, establishing, and carrying out programs which are
contained in the SIP. During fiscal year 92, more than $164
million was appropriated for Section 105 planning grants to
the States.
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
Overview of the Transportation Planning Process
It is the stated purpose of U.S. transportation policy to
encourage and promote the development of transportation
systems embracing various modes of transportation in a manner
which will efficiently maximize mobility of people and goods
within and through urbanized areas and minimize transporta-
tion-related fuel consumption and air pollution. To accom-
plish this objective, metropolitan planning organizations, in
cooperation with the State, develop transportation plans and
programs for urbanized areas of the State which provide for
the construction or funding of transportation facilities
(including pedestrian walkways and bicycle transportation
facilities). The process for developing these plans and
programs is required to be continuing, cooperative, and
comprehensive to the degree appropriate, based on the
complexity of the transportation problems.
A metropolitan planning organization (MPO) is designated for
each urbanized area of more than 50,000 population by
agreement between the Governor and units of local government
which together represent at least 75 percent of the affected
population. For areas designated as nonattainment for ozone
or carbon monoxide under the CAAA, the boundaries of the
metropolitan area for planning purposes are to include the
entire nonattainment area except as otherwise provided by
agreement between the MPO and the Governor.
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
There are two products associated with the transportation
planning process: transportation plans and transportation
improvement programs (TIPs). The transportation plan
describes long term policies, strategies, goals, and existing
and proposed facilities and programs to enhance mobility over
a 20 year forecast period. Plans in urbanized areas with
more than 200,000 in population must also include an analysis
of transportation systems management and transportation
demand management to reduce congestion. All transportation
plans must indicate resources from public and private sources
that are reasonably expected to be made available to carry
out the plan and to recommend any innovative financing
techniques which may be needed.
The TIP is developed by the MPO in cooperation with the State
and affected transit operators. The TIP includes either an
annual or a biennial listing of specific transportation
projects which are proposed for Federal funding, and which
will, when implemented achieve the goals of the transporta-
tion plan. The TIP details the area's priorities, includes
realistic estimates of the total costs and revenues for the
program period, and covers a 3 year time frame. Before
approving a TIP, the MPO must provide citizens, affected
public agencies, representatives of transportation agency
employees, private providers of transporta.t ion, and other
interested parties an opportunity to comment.
26
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TABLE 5
TRANSPORTATION PLANNING AND THE
PROJECT DEVELOPMENT PROCESS
Unified Planning Work Program
•Planning activities
•Work to be accomplished
•Cost estimates
•Federal funding summary
1
r
Transportation Plan
•Long-range strategies
•Policies and goals
•Facilities
•Project design concept and scope
i
Conform^ fey
•Metropolitan Planning Organization and
the State Department of Transportation
•Plan meets air quality emission
objectives of the SIP [i.e. meets
emission reduction targets, provides
for expeditious implementation of TCMs,
etc.]
i
'
Transportation Improvement Program (TIP)
•3+ years
•Priorities
•Cost estimates
•Project design concept and scope
•Preliminary engineering for NEPA
|
Conformity
•Submit TIP to Federal Highway
Administration (FHWA) for air quality
conformity determination
•TIP meets emission objectives of SIP
•TIP provides for expeditious
implementation of TCMs
— **-
Approved Statewide Proposal Of
p jjo^TT*8T*"*"*^l P2?Qnect9
•105 program
J
Projects Selected For
Implementation
•Project design concept
•Purpose and need
|
EA?!Y CQO]i{Lin9tiQn.r
QnYicgnmental And Engineering
Scoping Activities
I
Environmental Analysis .
Pre.luninarv Engineering r And
Public Involvement"
|
Proncct Con£onnit~rv And F*i.nal
Location Approval
|
And Acquisition Of Required
RAght-ftf-ffcy
\
FHWA Approval Of Final Plans.
Specifications. An<3 EstiUnfttG*
I
Proceed To Construction
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1992 TRANSPORTATION AMD AIR QUALITY PLANNING GUIDELINES
FUNDING
The 1991 Intermodal Surface Transportation Efficiency Act
(ISTEA) is a major source of funding for transportation and
air quality planning. ISTEA authorizes more than $155
billion in funding for highways, highway safety, and mass
transportation over the next six years. The $24 billion
"Surface Transportation Program" provides funding for
transit, highway, or non-motorized transportation projects,
with flexibility to transfer substantial amounts from one
category to another. The new legislation also advances
several programs, specifically it: provides an expanded
source of Federal funding for developing transportation SIPs;
assures the funds set aside for urban transportation planning
have been doubled to 1 percent of total program resources;
and allows planning activities to be funded from categories
traditionally reserved for capital projects.
A major new program to deal with congestion and transporta-
tion-related air pollution problems has been created. The
Congestion Mitigation and Air Quality Improvement Program
(CMAQ), authorizes $6 billion for transportation projects and
programs which contribute to the attainment of the NAAQS in
ozone and CO nonattainment areas. There are several condi-
tions that programs and projects must satisfy for inclusion
in the CMAQ program. All projects and programs must come
from a conforming transportation plan and TIP, and must be
consistent with the conformity provisions contained in
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
Section 176 (c) of the CAAA. EPA and the United States
Department of Transportation (DOT) have agreed that the
following types of projects meet the necessary criteria and
may be funded under the CMAQ:
-Transportation activities in an approved SIP,
-TCMs included in Section 108 (b) (1) (A) of the 1.990
CAAA, except items xii and xvi which are
excluded by ISTEA,
-Developing and establishing management systems for
traffic congestion, public transportation
facilities and equipment, and intermodal
transportation facilities and systems, where
it can be demonstrated that they are likely to
contribute to the NAAQS,
-Capital and operation costs for traffic
monitoring, management, and control facilities
and programs, where it can be demonstrated
that they are likely to contribute to the
attainment of the NAAQS. However, CMAQ
program funds may not replace existing local
and State funds used for operation costs, but
are intended to augment and reinforce new
efforts,
-Construction of bicycle and pedestrian facilities,
nonconstruction projects related to safe
bicycle use, and State bicycle/pedestrian
coordination positions, as established in
ISTEA, for promoting and facilitating the
increased use of nonmotorized modes of
transportation. This includes public educa-
tional, promotional, and safety programs for
using such facilities.
-Emission Inspection and Maintenance Programs.
Construction of public facilities and purchase
of equipment for public stations would be
eligible. Planning projects and one-time
start-up activities such as updating quality
assurance software or developing a mechanic
training curriculum would also be eligible.
Other projects and programs may be funded if, after consulta-
tion with EPA, FHWA determines they are likely to contribute
to the attainment of the NAAQS. The CMAQ program funds may
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
also be used for preliminary engineering associated with
projects and programs that have air quality benefits, and
related project development activities. This would include
planning directly related to a TCM or feasibility/development
studies for any other eligible project or program.
Integration of Transportation and Air Quality Planning
In the past, transportation plans were developed independent-
ly of the State's air quality planning process and hence
failed to incorporate and implement important air quality
measures. Similarly, SIPs developed by air quality planners
often failed to consider the feasibility of their plans with
respect to implementation by the transportation community.
In order to comply with the CAAA, States will need to take
actions to ensure the effective integration of transportation
planning and air quality planning.
Both the Clean Air Act and ISTEA emphasize the importance of
coordination and consultation in the preparation of clean air
and transportation plans. Air quality specialists cannot
guarantee a continuing reduction in motor vehicle related
pollutants if vehicle miles traveled continue to grow
unabated, and transportation specialist cannot improve
mobility if the emissions budget for e.n area is created
without regard to transportation needs- The following
chapter discusses the particular areas in which transporta-
tion and air quality planners need to consult and cooperate.
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1992 TRANSPORTATION AND AIR QUALITY PLANNINC GUIDELINES
Chapter 2
Considerations in the Planning Process
Section 174 of the CAAA requires that areas in nonattainment
for ozone, CO or PM-10 review and update or develop planning
procedures before November 15, 1992. Section 174 also
requires that in the preparation of planning procedures the
State and local elected officials must determine which
elements of a SIP revision will be developed, adopted, and
implemented (through means including enforcement) by the
State and which by local governments or regional agencies, or
any combination of local governments, regional agencies or
the State.
The task involved in developing emission and VMT estimates
and the implementing of TCMs can be complex and require an
active planning process. Careful planning will help States
to allocate the resources for implementing and monitoring the
measures required under CAAA. Poor planning may result in
both expensive duplication of effort and failure to meet the
requirements.
Planning Procedures
Each State will need to establish planning procedures
appropriate for its organizational structure. The planning
procedures should be developed jointly by State officials and
elected officials of affected local governments. By develop-
ing the procedures in this manner, the States will also
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
satisfy the consultation requirement of Section 121 of the
CAAA (see Appendix C) .
As a starting point, the State should delineate the CAAA's
transportation related requirements for each nonattainment
area and the deadlines for completing these requirements.
The planning procedures should consider in detail what agency
will have the primary responsibility for each CAAA require-
ment, the other agencies that will be involved, and the
specific role each will play. The principal CAAA transporta-
tion and air quality planning requirements are in the areas
of VMT and inventory estimation, TCMs, conformity, consulta-
tion, and the development and adoption of public participa-
tion.
The planning process should also be designed to continue
beyond adoption of the SIP. For example, planning agencies
have primary responsibility for selection of transportation
measures for the SIP, but the local government agencies that
would implement the TCMs need to be included from the
beginning of the TCM selection process and participate
throughout the selection process. Likewise, once implementa-
tion begins, local governments responsible for much of the
implementation should keep the planning agencies informed of
the implementation progress, so that corrective changes may
be made if needed.
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1992 TRANSPORTATION AND AIR QUALITY FLAMMING GUIDELINES
In serious nonattainment areas, it must be demonstrated
beginning in 1996, and every three years afterward that
current vehicle emissions, congestion levels, VMT, and other
relevant parameters are consistent with those used in the
SIP. Coordination from the beginning will be required to
insure consistency. Planning for adequate validation of
models used in transportation-air quality projects is also
important to consider throughout the planning process. The
assumptions made in the planning process are particularly
important. They should be documented and their sensitivity
taken into account throughout both the planning and implemen-
tation process. For example, an assumption that fuel prices
will be at a certain level will result in predicting that a
certain number of individuals will select transit or ridesha-
ring over use of a single occupancy vehicle. A considerable
drop in the price of fuel may switch those individuals back
into their cars. Conversely, a sharp rise in gas prices may
put an unexpected strain on transit lines, and reduce
congestion on previously crowded highways.
Considerations for Inventory and VMT Estimates
Section 187(a) of the CAAA requires Moderate and Serious CO
nonattainment areas, with design values above 12.7 ppm, to
forecast and track VMT in each year prior to attaining the
NAAQS. The EPA has published VMT Forecasting and Tracking
Guidance, based on Section 187(a) of the CAAA, which calls
for identification of a VMT Tracking Area for purposes of VMT
forecasting and tracking. The Highway Performance Monitoring
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
System (HPMS), which is based upon traffic counts collected
in accordance with FHWA guidance, will be the cornerstone for
tracking VMT. However, for many nonattainment areas, there
will be a portion of the nonattainment area that does not
fall within Federal Aid Urbanized Area (FAUA), which is the
geographic base for the HPMS program. The VMT in the
remainder of the VMT Tracking Area should be estimated by a
method selected by the State, in consultation with the LPO of
the area and other appropriate State and Federal organiza-
tions .
VMT estimates should be consistent with HPMS unless a State
can justify the use of an alternate method. Justification of
an alternate method must be based upon criteria in the VMT
guidance, and the justification must be documented in the
SIP.
Some areas have travel demand forecasting models for the
transportation study area which will cover a large portion of
the VMT Tracking Area for which VMT forecasts are made.
Growth factors, derived from a base year and forecast year or
from the past year's HPMS reports, will be applied to the
1990 HPMS-based VMT in the forecasting process. The assump-
tions used in the travel demand forecasting models must be
understood by the air agency responsible for the overall
inventory, so that the figures can be integrated in the Urban
Airshed Model which is used to demonstrate attainment of the
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1992 TRANSPORTATION AND AIR QUALITY PLANNING CUIDELINES
standard. The percentage of VMT for the following operating
conditions is particularly important:
-different speed bands,
-hot starts,
-cold starts, and
-hot stabilized driving modes.
The VMT estimation and forecasting process will require close
collaboration among the local governments, the MPOs, the air
agencies, transit authorities, etc. Complete documentation
of the VMT Tracking Area and the VMT estimating and forecast-
ing methods used should be included in the SIP revision.
Considerations for Transportation Control Measures
The adoption of TCMs, whether mandated or voluntary, will be
required in order to meet the NAAQS in many nonattainment
areas. The TCMs considered may include but need not be
restricted to the list contained in Section 108(f) of the
CAAA. Consideration of alternative TCMs is encouraged. TCM
planning and selection raises a number of issues. These
include:
- the potential energy requirements,
- the total cost of the measure or project,
- the effects on the community, (economic impacts,
transportation impacts, and air quality
impacts)
- the potential participants and/or affected
parties,
- the role each participant or affected party
should play,
- the legal authority required for implementation,
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
- the affect implementation will have on existing
laws,
- how the deadlines for the requirements impact
ongoing annual activities of participants in
the process, (for example, annual TIP
reviews by MPOs)
- the geographic scope of implementation,
- available resources, (as yet untapped sources
of expertise and funding should be considered
in addition to current sources)
- the relevant political issues,
- how implementation affects agencies not directly
involved with air quality planning, (such as
Federal and State DOE's or traffic controllers
working on congestion management, or current
and projected plans of land use planning
agencies)
- the expertise required,
- the need for tracking or enforcement,
- the potential emissions benefits,
- the segments of the population that are likely to
participate, (for example, not everyone can or
will use bicycles, hence this TCM has a
limited audience. Any projections in reduc-
tions based on this TCM should take this point
into account.)
Planning procedures should include a process for addressing
these issues.
EPA has published two documents to assist in the understand-
ing and implementation of TCMs. The first of these docu-
ments, Transportation Control Measures Information Documents,
provides basic information on transportation control measures
for local elected officials, private employers and other
public and private sector decision-makers who will need to
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
assess the applicability of different strategies for solving
mobiles source emissions problems in their areas. The
second publication, Transportation Control Measures; State
Implementation Plan Guidance, discusses institutional
guidance involved in TCM planning in depth. Although this
document was published prior to enactment of the 1990 CAAA,
it is valuable for assisting in the planning process. The
document outlines the factors that need to be considered in
TCM selection. ( See Appendix B for complete reference).
Considerations for PM-10
Section 189 of the CAAA requires that each State in which all
or part of a PM-10 nonattainment area is located develop and
submit a SIP that provides for the attainment of the NAAQS.7
Transportation planning activities should include measures to
reduce PM-10 in order to facilitate the attainment of the
NAAQS. PM-10 emissions can originate from both stationary and
mobile sources. Mobile source-related PM-10 emissions, a
category that includes dust from paved and unpaved surfaces
along with motor vehicle exhaust, warrant consideration from
transportation planners. Areas of significance to transporta-
tion planners within stationary and mobile sources include
the following: exhaust emissions from highway and off-highway
mobile sources, e.g., impacts of diesel vehicle exhaust and
bus terminals; re-entrained materials froir traveled surfaces,
primarily paved and unpaved roads; and re-entrained materials
PM-10 19 defined as particulate matter of less than 10 micrometers in aerodynamic diameter.
37
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
from other unpaved surfaces, e.g., open areas such as parking
lots.
Areas designated nonattainment for PM-10 and classified
moderate, on November 15, 1990, are required by section
189 (a) of the amended act to submit a SIP no later than
November 15, 1991. Among other requirements, this SIP must
include the following two elements:
Either a demonstration that the plan will provide
for attainment on or before December 31, 1994 or a
demonstration that attainment by that date is
impracticable.
Provisions to assure that reasonably available
control measures (RACM) for the control of PM-10
are implemented by December 10, 1993.
Areas designated nonattainment for PM-10 after November 15,
1990, must submit a SIP within 18 months after being desig-
nated nonattainment. States with a moderate nonattainment
area are required to submit a plan that includes, among other
provisions, a demonstration of attainment, quantitative
milestones and provisions to guarantee that RACM are imple-
mented. Specific requirements are set forth in sub-parts 1
and 4 of Title I of the CAAA.
A revised model for mobile source PM-10 emissions is not
currently available, however one is expected within the next
year. In the interim, questions regardinc- mobile source PM-
10 emissions modeling can be directed to Dr. Joseph Somers,
USEPA/OMS, 2565 Plymouth Road, Ann Arbor, Michigan, 48105.
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
Conformity
The conformity provisions contained in Section 176(c) of the
new CAAA will have a significant impact on the transportation
planning process. Conformity is a complex issue, and this
portion of the Planning Guidelines is only intended to
provide an overview.
Section 176 (c) of the CAAA defines conformity to an implemen-
tation plan as:
-conforming to an implementation plan's purpose of
eliminating and reducing the severity and number of
violations of the NAAQS and achieving expeditious
attainment of the standards,
-not causing or contributing to new NAAQS violations,
not increasing the frequency or severity of any
existing violation of any standard, and
-not delaying timely attainment of any NAAQS or required
interim emissions reductions milestones.
In making conformity determinations, MPO's will analyze
transportation plans, TIPs, and projects for regional and/or
local air quality impacts. Regional impacts from transporta-
tion plans and TIPs will be analyzed, on a system-wide basis.
Localized impacts may require "hot-spot" analysis at the
project level, where design detail is adequate to identify
potential impacts.
Section 176 (c) (4) of the CAAA requii.'-;;; >,''A to establish
procedures for transportation planners ' -> Consult with air
quality planners prior to making conformity determinations.
This consultation process is intended to ensure greater
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
coordination and cooperation between transportation and air
quality officials during the development of transportation
plans, TIPs and the SIP.
Criteria and procedures for determining conformity of
transportation plans, programs and projects must be promul-
gated by the EPA, with the concurrence of DOT. The States
must then submit SIP revisions that include criteria and
procedures for determining conformity to the EPA. Until the
promulgation of the final conformity rule, the interim
conformity guidance, jointly issued by EPA and DOT on June 7,
1991, should be referred to regarding conformity matters.
(See Appendix B for the annotated references to this docu-
ment.) The promulgation of the final conformity rule will
supersede the interim guidance.
Until States submit implementation plans which contain
strategies for the attainment of the NAAQS, there exists an
interim period with special requirements for making conformi-
ty determinations. EPA and DOT have jointly issued guidance
for use during phase I of the interim period. During phase
I of the interim period, transportation plans and TIPs
conform if:
- their emissions are consistent with the most
recent estimates of mobile source emissions,
- they provide for the expeditious implementation
of TCMs in the applicable implementation plan,
and
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
- they contribute to the annual emission
reductions consistent with those specified in
the Act for ozone and CO nonattainment areas.
Transportation projects conform during phase I of the interim
period if they come from a conforming plan and TIP and, in CO
nonattainment areas, analyses show that they eliminate or
reduce the number and severity of violations of the CO
standard in the area substantially affected by the project.
The final rule will establish criteria and procedures for
determining conformity during the rest of the interim period;
the control strategy period, after States submit implementa-
tion plan revisions containing strategies for attaining the
NAAQS; and the maintenance period after an area has been
reclassified to attainment.
Public Participation
The CAAA call for these Guidelines to include information on
methods to assure participation by the public in all phases
of the planning process. Given that the institutional
framework for decision making among areas varies widely, a
prescriptive formula for how public participation should be
included in the transportation-air quality planning process
is inappropriate. Early involvement and participation of the
general public and of interested organisations, however, may
prove to be especially critical in terms of the political
viability of projects.
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
The public will need to understand the role transportation-
air quality projects play in emissions reductions. Planning
procedures should include methods for informing and involving
the public very early in the process. The successful
implementation of many TCMs may ultimately depend on public
support, so public education is an important component of
planning and implementation.
EPA recommends that each area develop a public participation
plan whereby public participation is sought and considered in
the planning process, documented, and verified. Public
participation is already built into the SIP review process,
and ISTEA requires public participation in the transportation
planning process. It is important that the public:
- is made aware of the decision making process,
understands the implications of the choices
before decision makers, and
- is provided with an opportunity to provide input
on the decisions at hand.
Until now, the emphasis on controlling air pollution has been
almost exclusively on the technological controls that can be
applied directly at the source. As the non-technological
solutions begin to play more of a role in the effort to
achieve attainment, the role of the public in the transporta-
tion-air quality arena will exo?-^ as well.
THIS SPACE INTENTIONALLY LEFT BLANK
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
Chapter 3
Some Case Studies
New Jersey
In New Jersey, the Department of Transportation has proposed
an organizational infrastructure to review and update
planning procedures that would include development of a State
certified organization to prepare the TCM components of SIPs.
The entire State of New Jersey is in nonattainment for ozone.
The TCM planning component fits into the overall planning
process including the stationary source component and the
vehicle controls and alternate fuels sub-component as well.
Table 6 is a summary of the proposed planning procedures.
Flow charts of the proposed organization are in Tables 6-10.
These provide an example of how one State is considering
implementation of TCM related planning procedures.
THJ5 SPACE INTENTIONALLY LEFT BLANK
43
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TABLE 6
CAAA/SIP DEVELOPMENT
Proposed Planning Procedures -- Five Stages
SETTING THE STAGE
Step 1 NJDOT Identify expectations/targets for Transportation Control Measures (TCMs)
Universe of Candidate TCMs
First-out of what might work for each level of government
Step 2 STAQPO Adopts universe of candidate TCMs
Charge RTAQPOs to tailor as appropriate
Step 3 RTAQPO/ Tailor candidate TCM set to fit nonattainment area problems/opportunities
Planning Agenoy Agree on candidate TCM subset(s) and municipal participation plan
Step 4 STAQPO/NJDEP/ Reasonableness check and adjustments
USEPA
DOING THE DETAILED PLANNING
Step 5 State level Apply agency candidate TCM subset to jurisdictional system components
Planning Agency Propose actual set of TCMs to be implemented under SIP
Step 6 Local Level Apply agency candidate TCM subset to jurisdietional system components
Planning Agency Propose actual set of TCMs to be implemented by county & MCDs under SIP
Propose means to achieve local commitment to implementation
Step 7 RTAQPO Review TCM proposals: effectiveness, interplay, packaging
Accept, comment, modify
Step 8 Planning Agency Revise set of TCMs as required
Step 9 RTAQPO Accept revised proposals and submit to STAQPO
TRANSPORTATION AIR QUALITY PLAN ASSEMBLY AND EVALUATION
Step 10 STAQPO Assemble first-out aggregate plan for entire state
Evaluate plan for air quality target effectiveness
Compare emissions reductions to nonmattainment area requirements
Return to RTAQPOs for more work
OR Accept as proposed TCM portion of draft NJ SIP
Step 11 RTAQPO/ Work with planning agencies on proposal amendments
Planning Agency Submit revisions to STAQPO
Step 12 STAQPO Review proposal revisions and revises draft transportation air quality plan
Evaluate revised plan for air quality target effectiveness
Compare emissions reductions to nonmattainment area requirements
If targets reached, accept as proposed TCM portion of draft NJ SIP
OR Repeat Steps 11 & 12 until targets are reached
SIP ASSEMBLY, TESTING, AND ADOPTION
Step 13 SCO Merge transportation and stationary source elements into first-cut SIP
Test entire SIP (air shed modelling)
Compare to CAAA requirements for nonattainment areas
If targets reached, adopt as draft NJ SIP and submit to USEPA
OR Repeat Steps 7 thru 12 as appropriate until targets are .reached
IMPLEMENTATION
Step 14 All parties Adopt respective air quality attainment plan and commit to implementation
44
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TABLE 7
Proposed Process to:
• Review and Update SIP Planning Procedures
• Develop a Certified Organization to Prepare
Transportation Control Measures (TCM) Component of SIP
Phase I Meetings - Proposed Draft Procedures
and TCM Component of State Certified Organization (SCO)
21 County Planning Directors
5 City Planning Directors
NJDOT & NJDEP Staff
5 MPOs - staff
Phase II - Planning Directors Meet With Their
Individual County Freeholders/City Mayors
to Discuss Draft Procedures
and Proposed TCM Component of SCO
Phase III - Adopotion of Procedures
and Agreement on TCM Component of SCO
by Resolution from each of:
21 Counties
5 Cities
J
LEADS TO:
Governor Certifies SIP Preparation Organization (SCO)
through Executive Order
45
-------
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-------
TABLE 9
TCM Component of
the State Certified Organization
Statewide Transportation Air Quality Planning Organization (STAQPO)
Metropolitan Planning Organizations
NJTCC
DVRPC
WILMAPCO
ACUATC
CCUATS
State Agencies/Authorities
NJDOT (Chair)
NJ TRANSIT
NJDEP
Pinelands Commission
NJ Turnpike Authority
Local Government Representatives
New Jersey Association of Counties
League of Municipalities
Private Sector Representatives
New Jersey Business & Industry Association
Alliance for Action
New Jersey Chamber of Commerce
Southern Jersey Development Council
Private/Non-Profit Planning Representatives
Regional Plan Association
New Jersey Future
Partnership for New Jersey
New Jersey Federation of Planning Officials
Association of Environmental Commissions
I
Regional Transportation Air Quality Planning Organizations (RTAQPO)
• Northeast Region
• Central/Southwest Region
• Southeast Region
47
-------
b. .
R QUALITY
(RTAQPO)
H
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TABLE 10
'ORTATION
&NIZATION
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00
-------
1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
Florida
The Department of Transportation in the State of Florida has
created a proposed flow chart for its transportation planning
as well (see Table 11) . The last box of this flow chart
indicates that the procedures for seeing that conformity
determinations are made is yet to be delineated according to
the Interim Conformity Guidance and the Final Conformity
Rulemaking.
THIS SPACE INTENTIONALLY LEFT BLANK
49
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TABLE 11
Air Quality Process in Florida(Draft)
MPO develops Long Range Transportation Plan
Governor designates MPO (or other agency) to prepare Transportation Control
Plan (TCP) for non-Attainment areas in compliance with Section 174 of the
Clean Air Act of 1970, as amended.
1
MPO develops and executes a Memorandum of Agreement on the development
of a Transportation Control Plan (TCP) with FDOT, DER, and the Board of
County Commissioners for the non-attainment area.
Pursuant to the terms of the agreement, the MPO develops a DRAFT
Transportation Control Plan for the non-attainment areas.
I
FDOT, DER, and the Board of County Commissioners review the DRAFT TCP.
MPO finalizes TCP, obtains agreement from all parties, and endorses document.
Also, the MPO prepares and endorses for incorporation into the TCP a
resolution outlining the implementation of all Transportation Control
Measures (TCM) proposed in the TCP including a schedule of TCM implementation.
MPO submits the TCP to DER for acceptance and
inclusion in the State Implementation Plan (SIP).
DER accepts the TCP and includes it in the SIP.
I
TCP comments
DER submits the SIP to EPA for approval.
I
EPA approves the SIP in whole or in part and may require SIP revision.
1
EPA sends DER response on SIP approval/revision.
DER sends EPA response to the MPO regarding TCP approval/revision
as part of the SIP.
MPO revises TCP, if required, and submits to EPA thru DEP.
50
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1992 TRANSPORTATION AND AIR QUALITY PLftNHINC GUIDELINES
California
In addition to a formal statewide organization with decision-
making responsibilities, California has established an
interagency organization specifically designed to facilitate
communication among transportation and air quality personnel
from all levels. The Transportation Air Quality Review Group
(TARG), has an elected chair and an executive board, and
meets every 6 weeks, rotating in various locations throughout
California. Membership is informal and is currently
comprised of 150 - 200 staff members from transportation and
air quality agencies throughout California and in Arizona and
Nevada as well. Agencies volunteer to host meetings and are
responsible for mailing out the agenda to those on the
mailing list. Presentations include a wide range of topics
that are relevant to the participants. The major function of
TARG is to provide an opportunity for transportation and air
quality personnel to meet one another and to hear about the
issues relevant to both disciplines. Participants cite the
value of face-to-face contact with peers from various
agencies as especially helpful in their work.
51
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
Michigan
The following pages contain an example memorandum of
understanding (MOU) from the State of Michigan pursuant to
Section 174 of the CAAA. This memorandum assigns joint
responsibilities between the State and the MPO for planning
purposes.
THIS SPACE INTENTIONALLY LEFT BLANK
52
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE STATE OF MICHIGAN
ACTING THROUGH THE MICHIGAN DEPARTMENT OF
NATURAL RESOURCES
AND THE MICHIGAN DEPARTMENT OF TRANSPORTATION
AND
THE SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS
REGARDING
RESPONSIBILITIES PURSUANT TO SECTIONS 121 AND 174
OF THE CLEAN AIR ACT
FOR STATE IMPLEMENTATION PLAN REVISIONS
FOR SOUTHEAST MICHIGAN
I. Introducrion/History
Section 110 of Che Clean Air Ace as amended (Ace) in 1977 required
that each state prepare a state implementation plan (SIP) which
provided for the implementation, maintenance, and enforcement of
national ambient air quality standards (NAAQS). Pursuant to this and
other provisions of the Act, and as a. result of the revision of
certain NAAQS, the State of Michigan (State) undertook a major
revision of the SIP.
Section 121 of the Act required that the State provide a satisfactory
process of consultation with elected officials of local governments
and designated organizations of general purpose local governments in
carrying out requirements of the Act related to the development of
certain provisions of a revised SIP.
Section 174 of the Act required that for each region in which the
national primary ambient air quality stanaara for carbon monoxide or
photochemical oxidants was not attained, the State and sleeted
officials of affected local governments jointly determine which
elements of a revised SIP would be planned for and implemented or
enforced by the State, local governments, regional agencies, or any
combination of these agencies.
Pursuant to Section 174 on April 3, 1978, Governor William G. Milliken
designated the Southeast Michigan Council of Governments (SEMCOG) as
the lead local planning agency for air quality planning in the Detroit
metropolitan area. This designation specified that the geographic
jurisdiction of the SEMCOG responsibility included the counties of
Livingston. Macomb. Monroe, Oakland, St. Clair, Washtenaw, and Wayne.
While SEMCOG's primary responsibility focused on mobile source
planning, SEMCOG worked in cooperation with the Michigan Department of
53
-------
Natural Resources (MDNR) ana the Michigan Department: of Transportation
(MDOT) on a numoer of other programs, including offset poiicie:s and
air toxics control strategies.
II. The Clean Air Act Amendments of 1990
Major revisions to the Clean Air Act as amended in 1977 were enacted
by Congress and signed by the President on Novemoer 15. 1990. These
are known as the Clean Air Act Amendments of 1990.
Section 121 (Consultation) of the new law was essentially unchanged.
However, changes were made to Section 174 (Planning Procedures). The
requirements of revised Section 174 of the 1990 Clean Air Act
Amendments now include, for any ozone, carbon monoxide, or PM-10
nonattainment area:
1. A joint review, by State and elected local officials, and upaate
as necessary, of the existing planning proceaures established
pursuant to Section 174 of the Clean Air Act Amenaments of 1977,
or, as appropriate, cne development of new planning proceaures.
2. Such planning procedures shall include the determination as to
which entity snail develop, adopt, and implement (through means
including enforcement) each element of the revised SIP for the
nonattainment area.
3. The SIP shall be prepared by an organization certified by the
•State, in consultation with elected officials of local government
and in accordance with the determination contained in the
planning procedures as to which entity is responsible for each
element of the revised SIP. This organization is to include
elected officials of local government, the State Air Quality
Planning agency, the State Transportation Planning agency, the
Metropolitan Planning Organization, and any other organization
with responsibilities for developing, adopting, implementing, or
submitting the SIP revision for the nonattainment area.
4. The preparation of SIP provisions and subsequent SIP revision
previsions under tne continuing transportation-air quality
planning process described in Section 108 (e) of the Act shall be
coordinated with the ongoing continuing, cooperative, and
comprehensive (3C) transportation planning process.
5. In the case of a multi-state nonattainment area, the affected
states may jointly undertake and implement all or part of tne
planning procedures as described elsewhere in Section 174.
III. Purpose
This Memorandum of Understanding:
54
-------
represents me joint determination of responsibilities between
che State and SEMCOG. the lead local planning organization for
Southeast Michigan, pursuant to Section 174 of the Act. for
development, adoption, and implementation of the various elements
of the revised SIP for the ozone, carbon monoxide, and PM-10
nonattainment areas in Southeast Michigan pursuant to sound
planning principles: and
2. Establishes general guidelines for the intergovernmental
consultation process between the State and SEMCOG as the
designated organization of local governments pursuant to Section
121 of the Act; and
3. Constitutes an agreement by all parties on institutional and
consultative issues related to air quality planning and
implementation.
IV. Definition of Terms
Develop: The technical process of evaluating, selecting, and
recommending a policy-level component of the control strategy for
air quality attainment and maintenance.
Adopt: The process of drafting, proposing, promulgating, and
administering, or as necessary, working with the appropriate
law-making body for the enactment of, specific rules, procedures,
laws, and other measures in order to carry out a policy-level
component of the control strategy for air quality attainment and
maintenance.
Implement: Any activity (through means including enforcement)
relating to or designed to ensure compliance with or
implementation of a rule, law, procedure, or other measure which
is a component of the control strategy for air quality attainment
and maintenance.
Control Strategy: The overall plan for reducing the emissions of air
contaminants to ensure air quality attainment and maintenance,
compliance with the Act and federal regulations, and compliance
with State law. The control strategy nay include a mix of
control measure components requiring emissions reductions from
industrial sources, commercial and consumer sources, and/or
mobile sources.
SIP Revision Elements Covered bv the
The determination of • responsibilities contained in this Memorandum for
development, adoption, and implementation of air pollution control
measures in conf ormance with the Act shall apply to the • following
elements of the Michigan SIP for Southeast Michigan:
1/7/92 55
-------
1. Any transportation controls. air cualitv .maintenance plan
requirements, or preconstruction review of direct sources of air
pollution.
2. Any measure referred to in part D of the Act '.pertaining co
nonattainment requirements) .
3. Any measure referred to in part: C of the Act (pertaining co
prevention of significant deterioration).
i. The requirements of section L13(d) of the Act (relating to
certain enforcement orders).
5. The appropriate provisions of section 110 of the Act (pertaining
to state implementation plans).
VI. Responsibilities for the Development. Adoption, and Implementation of
Revisions co rhe Michigan State Implementation Plan for Southeast:
Michigan
The State of Michigan, operating through the Michigan Department: of
Natural Resources and the Michigan Department of Transportation, and
rhe Southeast Michigan Council of Governments agree to the following;
1. In accordance with the requirements of the Act, the State niust
revise the SIP to attain and maintain national ambient air
quality standards. Under the State Air Pollution Act (Act 348,
1965, as amended) and the Governor's Executive Order 1976-8, MDNR
was given the overall responsibility for the Michigan SIP.
Further. MDOT was given the responsibility for managing the local
transportation planning activities required by the Act. Unless
specifically authorized by law, identified in this Memorandum of
Understanding, or agreed upon by the State and Local Agency
Review Group (as ciefinea below), MDNR has the responsibility for
ensuring the development, adoption, and implementation of all
control measures included in the Michigan SIP.
2. The organization called for in Section 174 of the 1990 Clean Air
Act Amendments shall consist of the following elements:
a) A State and Local Agency Review Group composed of the
following agencies:
MDNR - Michigan Department of Natural Resources
MDOT - Michigan Department of Transportation
SEMCOG - Southeast Michigan Council of Governments
Other organizations, agreed upon by MDOT, MDNR. and
SEMCOG, vhen issues relate to a program for which
another organization has statutory authority or
responsibility or has historically been responsible for
developing, adopting, or implementing such program.
1/7/92 - 56
-------
.ne «ev curuoses of this group are to:
1) Develop a recommended control strategy for air
quality attainment and maintenance for Southeast
Michigan.
2) Provide ideas, technical information, and general
direction through preliminary recommendations to
nhe group on potential control strategy
components.
x?^3) 3uild, to the extent possible through a public
forum, consensus toward development of the
appropriate control measure components of the
control strategy for Southeast Michigan.
4) Facilitate resolution of policy issue disputes
related to the development of required SIP
revisions.
5) Determine the appropriate agency to be responsible
for the development, adoption, and implementation
of components of the control strategy which are
not otherwise identified herein.
6) Develop appropriate growth-related components for
the recommended control.strategy for air quality
attainment and maintenance for Southeast Michigan.
7) Provide for the free exchange of ideas and
information among all parties.
b) State policy development: Using the recommendation of the
State and Local Agency Review Group, MDNR shall formulate a
proposed State policy and, as appropriate, work with the
Governor's office to develop a final State policy. The MDNR
shall, in discussions with the Governor's Office, report any
issues for which a member of the State and Local Agency
Review Group disagreed with the proposed State policy.
Other members of the State and Local Agency Review Group may
also direct any of their concerns to the Governor's office.
c) Adoption of necessary rules, laws, procedures, and other
measures: Each member of the State and Local Agency Review
Group shall provide the necessary support and coordination
to work with the appropriate law-making bodies, agencies, or
commissions to adopt the necessary rules, laws, procedures,
and other measures in order to carry out the individual
control measure components of the State policy.
d) Formal SIP submittal: MDNR shall be responsible for
identifying the required components for a complete SIP
revision request submittal and making the actual submittal
to the U.S. Environmental Protection Agency. Each member of
the State and Local Agency Review Group shall provide to
MDNR the information and documentation which is identified
by MDNR as being necessary for the development of a complete
SIP revision request submittal package.
1/7/92 57
-------
Ail -remoers rf rr.e Srate and Local Agency Review Group shall
regularly recort progress on developing, adopting, and
implementing me components of the revised SIP for vnich they are
responsible, specifically identifying any potential impacts or
•delavs which may interfere with meeting statutory or federal
administrative deadlines.
SEMCOG. as me lead local planning agency, in cooDeration with
MDOT and MDNR, shall be responsible for technical _^Dects of the
SIP- as they relate to mobile sources in Southeast Michigan.
Examples include the development of highway mobile source
emissions inventories. the development of transportation
system-related control measures, and the assessment of
transportation plan conformity with the SIP. The development of
these air quality requirements shall be accomplished within the
existing planning structure consistent with the ongoing planning
activities required by the federal Surface Transportation Act.
SEMCOG shall provide technical support ro MDOT and MDNR in I/M
activities and shall, ro the extent allowed by avaiiaole funding.
carry out appropriate public information and participation
programs for tnose I/M activities.
All parties ro this Memorandum shall seek ro educate cheir
constituents on appropriate issues related to the SIP.
To the extent funding and resources are available. SEMCOG and
MDNR shall cooperatively organize and facilitate a public forum
for discussing the required and optional components of a control
strategy to meet the Clean Air Act requirements for southeast
Michigan. The purpose of this public forum is to provide all
interested groups and citizens the opportunity for input to the
State and Local Agency Revj.ew Group and, ro the extent possible.
build consensus and support for the chosen control strategy to
meet the Clean Air Act reauirements. This public forum shall. :o
the extent possible, include the following representation:
Michigan Department of Natural Resources
Southeast Michigan Council of Governments
Michigan Department of Transportation
Other State of Michigan Departments
Local Transportation Agencies
Citizens
Environmental Interest Groups
Business Interest Groups
Local Governments
Michigan Legislature
State Executive Office
SEMCOG's data on population, travel, and the economy shall be
used in the SIP. This does not exclude the use of other data
provided by SEMCOG.
58
1/7/92
-------
Pursuant to Section 111 of me Act, SEMCOG, MDNR. and MOOT snail
continuously consult in trie development of the specified
revisions to the SIP which relate to Soutneast Michigan. This
consultation process snail consist of regularly scneauled
meetings between SEMCOG. MDNR. and MOOT to coordinate air quality
development, adoption, and implementation activities underway at
each agencv. As appropriate, other agencies involved in air
quality-related activities shall be invited to attend.
VII. Modification of this
The State of Michigan and SEMCOG view the determination of
responsibilities as a process which may result in the periodic
modification of this Memorandum. This agreement shall be reviewed for
necessary modifications every 12 months, or at the request of any
participant. Any party may terminate this Memorandum after not less
than ninety (90) days written notice to the other parties.
TOR THE SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS:
V--
DATE:
FOR THE STATE OF MICHIGAN. DEPARTMENT OF NATURAL RESOURCES:
DATE.
OF MICHIGAN. DEPARTMENT OF TRANSPORTATION:
DATE:
1/7/92
59
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
Relevant Publications
A number of documents are currently available that directly
address transportation-air quality planning issues. The
contents of these are not restated in this publication. The
reader is encouraged to refer to them directly for details on
these subjects. Additional references are scheduled to be
published after the publication of this document. Relevant
publications that are currently available or will be avail-
able in the near future are included in the annotated
reference list in Appendix B.
Some of the subjects that are or will be covered by these
documents include:
- Emissions inventory preparation
- Estimation of Vehicle Miles Traveled (VMT)
- Interim conformity guidance
- Conformity final rule
- State implementation plan guidance for
Transportation Control Measures (TCMs)
Information documents for TCMs
Each of the 16 TCMs listed in Section 108(f)
will be addressed through these documents.
(See Section 108 (f) in Appendix C for this
list of TCMs.) These information documents
will provide general implementation issues,
variations of measures, degree of
effectiveness, and institutional processes
for these TCMs, and will be qualitative rather
than quantitative in nature.
60
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
- Transportation control measure emission reduction
potential. This document is intended to be
more quantitative than the series of TCM
information documents. It will focus on
current methods, strategies, and variables for
making estimates on how TCMs affect the number
of vehicle trips, VMT, and congestion.
THIS SPACE INTENTIONALLY LEFT BLANK
61
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1992 TRANSPORTATION AND AIR QUALITY PLANNING GUIDELINES
APPENDICES
Appendix A:
Appendix B:
Appendix C:
Appendix D:
Appendix E:
Appendix F:
Appendix G:
List of Abbreviations
Annotated list of references and documents
including full title, reference number and,
where available, name of contact person,
address, and telephone number.
Relevant sections of the CAAA including
Sections 108, 110, 121, 171-182, 187.
Relevant sections of transportation-related
laws.
Summary of Transportation-related provisions
of the CAAA
Table of Required State Submittals and Actions
(from "Getting Started" document)
Selected Portion of the Intermodal Surface
Transportation Efficiency Act of 1991
62
-------
-------
APPENDIX A
List of Abbreviations
APO Average Passenger Occupancy per Vehicle
AVO Average Vehicle Occupancy
CAA Clean Air Act
CAAA Clean Air Act Amendments of 1990
CO Carbon Monoxide
CMSA Consolidate Metropolitan Statistical Area
DOE Department of Energy
DOT Department of Transportation
EPA Environmental Protection Agency
FHWA Federal Highway Administration
FIP Federal Implementation Plan
FTA Federal Transit Administration
HOV High Occupancy Vehicle
I/M Inspection and Maintenance
LPO Lead Planning Organization
MPO Metropolitan Planning Organization
MSA Metropolitan Statistical Area
NAAQS National Ambient Air Quality Standards
NARC National Association of Regional Councils
NJDEP New Jersey Department of Environmental Protection
NJDOT New Jersey Department of Transportation
NOx Oxides of Nitrogen
PM-10 Particulate Matter less than 10 microns in diameter
PPM Parts Per Million
SIP State Implementation Plan
SCO State Certified Organization
TARG Transportation Air Quality Review Group
TCM Transportation Control Measure
TIP Transportation Improvement Program
UPWP Unified Planning Work Program
VMT Vehicle Miles Traveled
VOC Volatile Organic Compound
-------
-------
APPENDIX B
ANNOTATED LIST OF REFERENCES AND DOCUMENTS
Analysis of the Emission Benefits from Transportation Control
Measures in San Diego County. (Currently in draft form.)
Published by the County of San Diego Air Pollution Control
District.
Document contains the results of a study to determine the maximum
level of emission reductions that Transportation Control Measures
could achieve in San Diego County, California. It contains
sections on: The Development of Travel and Emission Estimates,
Review of Transportation Control Measures, Quantifying Emission
Reductions for Candidate TCMs, Evaluation of the Effects of the
TCMs on CAAA mandates, and Draft Criteria for TCM Planning.
Contact: Paul Davis, County of San Diego Air Pollution Control
District, 9150 Chesapeake Drive, San Diego, California 92123-1095.
An Assessment of Travel Demand Approaches at Suburban Activity
Centers. July 1989.
Prepared by K.T. Analytics, Inc. for the U.S. Department of
Transportation System Center, Office of Technical Assistance and
Safety.
Document reviews experience with Transportation Systems Management
and Parking Management through employer case studies and synthesis
of suburban demand management literature. It provides
recommendations to local government decision makers and planners on
strategy effectiveness and implementation, as well as adoption and
implementation of demand management of trip reduction policy
instruments.
Contact: National Technical Information Service, Springfield,
Virginia 22161.
California Clean Air Act Transportation Requirements Guidance.
February, 1990.
Air Resources Board, Office of Strategic Planning, Transportation
Strategies Group.
Under the California Clean Air Act, air pollution control districts
1
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1992 Transportation £ Air Quality Guidelines
Appendix B
have been granted explicit authority to adopt and implement
transportation controls. This document offers guidance regarding
how the Act's requirements can be met in the required 1991 air
quality plans.
Contact: Sharon Brehmer, State of California Air Resources Board,
1102 Q Street, PO Box 2815, Sacramento, California 95812.
Clean Air in Our Times?; The Amendments to Reform Transportation
Planning in the Clean Air Act Amendments of 1990. June 1991.
Robert Yuhnke, Senior Attorney, Environmental Defense Fund.
Provides an overview of the CAAA from the perspective of on of the
environmental organizations most involved with transportation-air
-------
1992 Transportation i Air Quality Guid«lin««
Appvndiz B
Contact: Sheila Holman, U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Research Triangle
Park, North Carolina 27711. FAX: 919-541-0804.
Getting Started on Title I. April, 1991.
Document outlines the requirements for states which must develop
ozone and/or CO SIPs pursuant to the new provisions in Title I of
CAAA.
Contact: David Johnson, Air Quality Management Division, Office of
Air Quality Planning and Standards, U.S. Environmental Protection
Agency, Research Triangle Park, NC 27711. FAX:919-541-0804.
Guidance for Determining Conformity of Transportation Plans,
Programs and Projects with the Clean Air Act Implementation Plans
During Phase 1 of the Interim Period. June, 1991.
Jointly issued by the U.S. Environmental Protection Agency and the
U.S. Department of Transportation.
These Interim Conformity Guidelines apply to all transportation
plans, programs, and projects in nonattainment areas submitted
after November 15, 1990, until Final Conformity Rulemaking is
published.
Contact: Kathryn Sargeant, Emission Control Strategies Branch,
Office of Mobile Sources, U.S. Environmental Protection Agency,
2565 Plymouth Road, Ann Arbor, Michigan 48105. FAX: 313-668-4531.
Methodology to Calculate Cost Effectiveness of Potential
Transportation Control Measures. Interim Report, November, 1990.
Prepared by Sierra Research Inc. for the San Diego Association of
Governments.
This report documents the operation of a FORTRAN program designed
to quantify the emissions reductions that could be produced by
separate transportation control measures being considered by local
air quality/transportation planners. It is the second of three
modules that comprise a system designed to aid communities in
evaluating the effectiveness of alternative TCMs.
Contact: John Duve, San Diego Association of Governments, Suite
-------
1992 Transportation & Air Quality Guidelines
Appendix B
800, 1st Industrial Plaza, 401 B Street, San Diego, California
92101. Phone (619) 595-5300.
Procedures for Emission Inventory Preparation. Revised, summer
1992.
Volume IV: Mobile Sources, EPA 450/4-81-026d
Provides assistance to States for meeting the requirements for
emissions inventory development by focusing on the technical
aspects of inventorying emissions from mobile sources. Identifies
specific methods that can be used to identify and inventory
sources, estimate emissions, and establish and maintain a useful,
current mobile sources inventory file.
Contact: Natalie Dobie, Environmental Protection Agency Motor
Vehicle Emissions Laboratory, Ann Arbor, MI 48105. Phone: 313-
668-4200.
Review and Evaluation of Current VMT Forecasts. (Currently in
draft form.)
Measures of vehicle miles traveled (VMT) are used by many
government agencies and private organizations. Levels of VMT are
important in analyzing fuel use, highway use and roadway capacity,
city planning and a variety of other purposes. This document looks
at different uses of VMT projections and the models associated with
them.
Contact: John German, U.S. Environmental Protection Agency Office
of Mobile Sources, Certification Division, Ann Arbor, Michigan
48105. Phone (313) 668-4214.
Staff Report on the Implementation of Regulation XV - Trip
Reduction/ Indirect Source. February, 1991.
Waldo Lopez-Aqueres, PH.D., South Coast Air Quality Management
District Transportation Programs Division.
Document discusses various aspects of Regulation XV to include:
background, anticipated benefits, review of progress, trip
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1992 Transportation £ Air Quality Guid»lin«»
Appendix B
reduction plan process, the continuing significance of Regulation
XV, and staff responses to issues raised during the informational
and Public Meetings.
Contact: Catherine Wasikowski, South Coast Air Quality Management
District, 9150 Flair Drive, El Monte, California 91731. Phone FAX:
714-396-2000.
Transportation Control Measure Emission Reduction Potential
Winter, 1992.
To be prepared by System Applications International for the U.S.
Environmental Protection Agency.
The planned document is intended to analyze existing TCM benefits
methodologies, develop methodologies for a few select TCMs,
calculate VMT speed and changes, and develop look-up tables form
MOBILE emissions model to assist TCM analysts in determining the
emissions effects of VMT, trip, and speed changes resulting from
TCMs.
Contact: Mark Simons, Emission Control Strategies Branch, Office
of Mobile Sources, U.S. Environmental Protection Agency, 2565
Plymouth Road, Ann Arbor, Michigan 48105. FAX: 313-668-4531.
Transportation Control Measures Information Documents.
USEPA 400-R-92-0006. March 1992.
Documents address the portion of Section 108 calling for "the
development and implementation of transportation and other measures
necessary to demonstrate and maintain attainment of national
ambient air quality standards." Each of the 16 TCMs listed in
Section 108 (f) will be addressed through these documents. They
will provide general implementation issues, variations of measures,
degree of effectiveness, and institutional processes for these
TCMs, and will be qualitative rather than quantitative in nature.
Contact: Mark Simons, U.S. Environmental Protection Agency, 2565
Plymouth Road, Ann Arbor, Michigan 48105.
For Document Copies contact: NTIS, 5285 Port Bfoyal Road,
Springfield, Virginia 22161. Request document #PB 92-173566.
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1992 Transportation & Air Quality Guidelines
Appendix B
Transportation Control Measures: State Implementation Plan
Guidance.
EPA 450/2-89-020. Revised Spring 1992.
Document summarizes current knowledge about transportation control
measures. Information presented demonstrates that there have been
significant advances in TCM development over the past decade, and
that TCMs are appropriate control options for state implementation
plans. Designed for transportation and air quality management
staff at all government levels.
Contact: Frances Wiener, United States EPA, Region 9, 75 Hawthorne
Street, San Francisco, California 94105. FAX: 415-484-1076
For Document Copies contact: NTIS, 5285 Port Royal Road,
Springfield, Virginia 22161. Request document #PB 92-182013.
Transportation Efficiency; Tackling Southern California's Air
Pollution and Congestion. March 1991.
Environmental Defense Fund (EOF) Regional Institute of Southern
California.
*
Document explores approaches to lessen smog and congestion in
Southern California by managing demand to achieve more efficient
use of transportation resources. Recommends a number of
transportation pricing policies, including: peak-period pricing on
congested corridors, buying out employer-subsidized parking; non-
employee parking pricing; annual smog fees based on mileage and
emissions performance/ and deregulation of private transit.
Contact: Environmental Defense Fund, 5655 College Ave. Suite 304
Oakland, California 94618.
VMT Forecasting and Tracking
Issued by Environmental Protection Agency.
Provides guidance under section 187 (a) of CAAA on how to project
and track vehicle miles traveled in moderate and serious CO
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1992 Transportation & Air Quality Guid«lin«»
Appendix B
nonattainment areas with design values greater than 12.7 ppm at
time of classification.
Contact: Mr. Mark A. Wolcott, State Support and Regulatory Analysis
Section, Technical Support Branch, U.S. EPA, 2565 Plymouth Road,
Ann Arbor, MI 48105.
For Document Copies contact: NTIS, 5285 Port Royal Road,
Springfield, Virginia 22161. Request document #PB 92-164961.
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APPENDIX C
SELECTED SECTIONS OF THE CLEAN AIR ACT AMENDMENTS OF 1990
TABLE OF CONTENTS
Section 108
Section 110
Section 121
Section 171
Section 172
Section 173
Section 174
Section 175
Section 176
Section 177
Section 178
Section 179
Section 181
Air Quality Criteria And Control Techniques
Implementation Plans
Consultation
Definitions (RFP, Nonattainment Area)
Nonattainment Plan Provisions In General
-Classification and Attainment Dates
-Schedule for Plan Submissions
-Nonattainment Plan Provisions
-Required Plan Revisions in Response to Finding of
Plan Inadequacy
Permit Requirements
Planning Procedures
Environmental Protection Agency Grants
Limits on Certain Federal Assistance (Conformity)
New Motor Vehicle Emissions Standards In
Nonattainment Areas
Guidance Documents
Sanctions and Consequences of Failure to Attain
-State Failure
-Sanctions
—Notice of Failure to Attain
-Consequences of Failure to Attain
Classifications and Attainment Dates
-Classifications and Attainment Dates for 1989
—New Designations and Reclassification
-Voluntary Reclassification
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Section 182 Plan Submissions and Requirements
-Marginal Areas
*Inventory
^Corrections to the SIP
^Periodic .Inventory
*General Offset Requirements
-Moderate Areas
*Reasonable Further Progress (RFP)
*Reasonably Available Control Technology
*Gasoline Vapor Recovery
*Motor Vehicle Inspection & Maintenance
*General Offset Requirements
-Serious Areas
*Enhanced Monitoring
*RFP Demonstrations
^Enhanced Inspection & Maintenance
*Clean Fuel Vehicle Program
^Transportation Control
*De Minimis Rule
*Special Rules for Modification of Sources
Emitting More or Less than 100 Tons
^Contingency Provisions
*General Offset Requirements
-Severe Areas
^Vehicle Miles Traveled
*0ffset Requirements
^Enforcement Under Section 185
-Extreme Areas
*0ffset Requirements
*Clean Fuels
*Traffic Control Measures
*New Technologies
*NOx Requirements
*Milestones
*Economic Incentive Program
Section 184 Control of Interstate Ozone Air Pollution
Section 185 Enforcement for Severe and Extreme Ozone
Nonattainment Areas for Failure to Attain
Section 186 Classification and Attainment Dates
-Classification by Operation of Law
-New Designations and Reclassification to
Nonattainment
-.Reclassification of Moderate Areas Upon Failure to
Attain
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Section 187
Section 188
Section 189
Section 190
Section 191
Section 192
Section 193
Plan Submission and Requirements
-Moderate Areas
*Inventory
*Vehicle Miles Traveled
*Special Rule for Denver
*Contingency Provision
*I/M Savings Clause
*Periodic Inventory
*Attainment Demonstration
-Serious Areas
*In General
*Vehicle Miles Traveled
*0xygenated Gasoline
-Areas with Significant CO
*Waivers for Certain Areas
*Guidelines
-CO Milestones
-Multi-State CO Nonattainment Areas
Classification and Attainment Dates for PM-10
Plan Provisions and Schedules for Plan Submission
for PM-10
Issuance of RACM and BACM Guidance
Plan Submission Deadlines
Attainment Dates
General Savings Clause
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Section 108
AIR QUALITY CRITERIA AND CONTROL TECHNIQUES
Sec. 108.(a)(1) For the purpose of establishing national
primary and secondary ambient air quality standards, the
Administrator shall within 30 days after the date of
enactment of the Clean Air Amendments of 1970 publish, and
shall from time to time thereafter revise, a list which
includes each air pollutant-
(A) emissions of which, in his judgment, cause or
contribute to air pollution which may reasonably be
anticipated to endanger public health or welfare;
[PL 95-95, August 7, 1977]
(B) the presence of which in the ambient air results
from numerous or diverse mobile or stationary sources; and
(C) for which air quality criteria had not been issued
before the date of enactment of the Clean Air Amendments of
1970, but for which he plans to issue air quality criteria
under this section.
(2) The Administrator shall issue air quality criteria
for an air pollutant within 12 months after he has included
such pollutant in a list under paragraph (1) . Air quality
criteria for an air pollutant shall accurately reflect the
latest scientific knowledge useful in indicating the kind and
extent of all identifiable effects on public health or
welfare which may be expected from the presence of such
pollutant in the ambient air, in varying quantities. The
criteria for an air pollutant, to the extent practicable,
shall include information on-
(A) those variable factors (including atmospheric
conditions) which of themselves or in combination with other
factors may alter the effects on public health or welfare of
such air pollutant;
(B) the types of air pollutants which, when present in
the atmosphere, may interact with such pollutant to produce
an adverse effect on public health or welfare; and
(C) any known or anticipated adverse effects on welfare.
(b) (1) Simultaneously with the issuance of criteria under
subsection (a), the Administrator shall, after consultation
with appropriate advisory committees and Federal departments
and agencies, issue to the States and appropriate air
pollution control agencies information on air pollution
control techniques, which information shall include data
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relating to the cost of installation and operation, energy
requirements, emission reduction benefits, and environmentcil
impact of the emission control technology. Such information
shall include such data as are available on available
technology and alternative methods of prevention and control
of air pollution. Such information shall also include data
on alternative fuels, processes, and operating methods which
will result in elimination or significant reduction of
emissions.
(2) In order to assist in the development of information
on pollution control techniques, the Administrator may
establish a standing consulting committee for each air
pollutant include in a list published pursuant to subsection
(a) (1), which shall be comprised of technically qualified
individuals representative of State and local governments,
industry, and the academic community. Each such committee
shall submit as appropriate, to the Administrator information
related to that required by paragraph (1).
(c) The Administrator shall from time to time review,
and, as appropriate, modify, and reissue any criteria or
information on control techniques issued pursuant to this
section.
Not later than six months after the date of the
enactment of the Clean Air Act Amendments of 1977, the
Administrator shall revise and reissue criteria relating the
concentrations of N02 over such period (not more than three
hours) as he deems appropriate. Such criteria shall include
a discussion of nitric and nitrous acids, nitrites, nitrates,
nitrosamines, and other carcinogenic and potentially
carcinogenic derivatives of oxides of nitrogen.
[PL 95-95, August 7, 1977]
(d) The issuance of air quality criteria and information
on air pollution control techniques shall be announced in the
Federal Register and copies shall be made available to the
general public.
TRANSPORTATION PLANNING AND GUIDELINES
(e) The Administrator shall, after consultation with the
Secretary of Transportation, and after providing public
notice and opportunity for comment, and with State and local
officials, within nine months after enactment of the Clean
Air Act Amendments of 1989 and periodically thereafter as
necessary to maintain a continuous transportation-air quality
planning process, update the June 1978 Transportation-Air
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Section 108
Quality Planning Guidelines and publish guidance on the
development and implementation of transportation and other
measures necessary to demonstrate and maintain attainment of
national ambient air quality standards. Such guidelines
shall include information on-
(1) methods to identify and evaluate alternative
planning and control activities;
(2)methods of reviewing plans on a regular basis as
conditions change or new information is presented;
(3) identification of funds and other resources
necessary to implement the plan, including interagency
agreements on providing such funds and resources;
(4) methods to assure participation by the public in all
phases of the planning process; and
(5) such other methods as the Administrator determines
necessary to carry out a continuous planning process.
[PL 95-95, August 7, 1977; PL 101-549]
(f)(1) The Administrator shall publish and make
available to appropriate Federal, State, and local
environmental and transportation agencies not later than one
year after enactment of the Clean Air Act Amendments of 1990,
and from time to time thereafter-
(A) information prepared, as appropriate, in
consultation with the Secretary of Transportation, and after
providing public notice and opportunity for comment,
regarding the formulation and emission reduction potential of
transportation control measures related to criteria
pollutants and their precursors, including, not limited to-
(i) programs for improved public transit;
(ii) restriction of certain roads or lanes to, or
construction of such roads or lanes for use by, passenger
buses or high occupancy vehicles;
(iii) employer-based transportation management plans,
including incentives;
(iv) trip-reduction ordinances;
(v) traffic flow improvement programs that achieve
emission reductions;
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Section 108
(vi) fringe and transportation corridor parking
facilities serving multiple occupancy vehicle programs or
transit service;
(vii) programs to limit or restrict vehicle use in
downtown areas or other areas of emission concentration
particularly during periods of peak use;
(viii) programs for the provision of all forms of high-
occupancy, shared-ride services;
(ix) programs to limit portions of read surfaces or
certain sections of the metropolitan area to the use of non-
motorized vehicles or pedestrian use, both as to time and
place;
(x) programs for secure bicycle storage facilities and
other facilities, including bicycle lanes, for the
convenience and protection of bicyclists, in both public and
private areas;
(xi) programs to control extended idling of vehicles;
(xii) programs to reduce motor vehicle emissions,
consistent with title II, which are caused by extreme cold
start conditions;
(xiii) employer-sponsored programs to permit flexible
work schedules;
(xiv) programs and ordinances to facilitate non-
automobile travel, provision and utilization of mass transit,
and to generally reduce the need for single-occupant vehicle
travel, as part of transportation planning arid development
efforts of a locality, including programs and ordinances
applicable to new shopping centers, special events, and other
centers of vehicle activity;
(xv) programs for new construction and major
reconstructions of paths, tracks or areas solely for the use
by pedestrian or other non-motorized means of transportation
when economically feasible and in the public interest. For
purposes of this clause, the Administrator shall also consult
with the Secretary of the Interior; and
(xvi) program to encourage the voluntary removal from
use and the marketplace of pre-1980 model year light duty
vehicles and pre-1980 model light duty trucks.
[Sec. 108 (f) (1) (A) amended by PL 101-549]
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Section 108
(B) information on additional methods or strategies that
will contribute to the reduction of mobile source related
pollutants during periods in which any primary ambient air
quality standard will be exceeded and during episodes for
which an air pollution alert, warning or emergency has been
declared;
(C) information on other measures which may be employed
to reduce the impact on public health or protect the health
of sensitive or susceptible individuals or groups; and
(D) information on the extent to which any process,
procedure, or method to reduce or control such air pollutant
may cause an increase in the emissions or formation of any
other pollutant.
(2) In publishing such information the Administrator
shall also include an assessment of -
(A) the relative effectiveness of such processes,
procedures, and methods;
(B) the potential effect of such processes, procedures,
and methods on transportation systems and the provision of
transportation services; and
(C) the environmental, energy, and economic impact of
such processes, procedures and methods.
[PL 95-95, August 7, 1977]
[Sec. 108 (f) (3) and (4) added by PL 101-549]
(3) The Secretary of Transportation and the
Administrator shall submit to Congress by January 1, 1993,
and every 3 years thereafter a report that-
(A) reviews and analyzes existing State and local air
quality-related transportation programs, including
specifically any analyses of whether adequate funding is
available to complete transportation projects identified in
State implementation plans in the time required by applicable
State implementation plans and any Federal efforts to promote
those programs;
(B) evaluates the extent to which the Department of
Transportation's existing air quality-related transportation
programs and such Department's proposed budget will achieve
the goals of and compliance with this Act;and
(C) recommends what, if any, changes to such existing
programs and proposed budget as well as any statutory
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Section 108
authority relating to air quality-related transportation
programs that would improve the achievement of the goals of
and compliance with the Clean Air Act.
(4) In each report to Congress after the first report
required under paragraph (3), the Secretary of Transportation
shall include a description of the actions taken to implement
the changes recommended in the preceding report.
(g) Assessment of Risks To Ecosystems.-The Administrator
may assess the risks to ecosystems from exposure to criteria
air pollutants (as identified by the Administrator in the
Administrator's sole discretion).
[Sec. 108 (g) added by PL 101-549]
(h) RACT/BACT/LAER Clearinghouse.-The Administrator
shall make information regarding emission control technology
available to the States and to the general public through a
central data-base. Such information shall include all
control technology information received pursuant to State
plan provisions requiring permits for sources, including
operating permits for existing sources.
[Sec. 108.(h) added by PL 101-549]
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Section 110
IMPLEMENTATION PLANS
Sec. 110 (a) (1) Each State shall, after reasonable notice
and public hearings, adopt and submit to the Administrator,
within three years (or such shorter period as the
Administrator may prescribe) after the promulgation of a
national primary ambient air quality standard (or any
revision thereof) under section 109 for any air pollutant, a
plan which provides for implementation, maintenance, and
enforcement of such primary standard in each air quality
control region (or portion thereof) within such State. In
addition, such State shall adopt and submit to the
Administrator (either as a part of a plan submitted under the
preceding sentence or separately) within three years (or such
shorter period as the Administrator may prescribe) after the
promulgation of a national ambient air quality secondary
standard (or revision thereof), a plan which provides for
implementation, maintenance, and enforcement of such
secondary standard in each air quality control region (or
portion thereof) within such State. Unless a separate public
hearing is provided, each State shall consider its plan
implementing such secondary standard at the hearing required
by the first sentence of this paragraph.
[Sec. 110(a) (1) amended and (2) revised by PL 101-549]
(2) Each implementation plan submitted by a State under
this Act shall be adopted by the State after reasonable
notice and public hearing. Each such plan shall--
(A) include enforceable emission limitations and other
control measures, means, or techniques (including economic
incentives such as fees, marketable permits, and auctions of
emissions rights), as well as schedules and timetables for
compliance, as may be necessary or appropriate to meet the
applicable requirements of this Act;
(B) provide for establishment and operation of
appropriate devices, methods, systems, and procedures
necessary to--
(i) monitor, compile, and analyze data on ambient air
quality, and
(ii) upon request, make such data available to the
Administrator;
(C) include a program to provide for the enforcement of
the measures described in subparagraph (A), and regulation of
the modification and construction of any stationary source
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Section 110
within the areas covered by the plan as necessary to assure;
that national ambient air quality standards are achieved,
including a permit program as required in parts C and D;
(D) contain adequate provisions--
(i) prohibiting, consistent with the provisions of this
title, any source or other type of emissions activity within
the State from emitting any air pollutant in amounts which
will —
(I) Contribute significantly to nonattainment in, or
interfere with maintenance by, any other State with respect
to any such national primary or secondary ambient air quality
standard, or
(II) interfere with measures required to be included in
the applicable implementation plan for any other State under
part C to prevent significant deterioration of air quality or
to protect visibility,
(ii) insuring compliance with the applicable
requirements of sections 126 and 115 (relating to interstate
and international pollution abatement);
(E) provide (i) necessary assurances that the State (or,
except where the Administrator deems inappropriate, the
general purpose local government or governments, or a
regional agency designated by the State or general purpose
local governments for such purpose) will have adequate
personnel, funding, and authority under State (and, as
appropriate, local) law to carry out such implementation plan
(and is not prohibited by any provision of Federal or State
law from carrying out such implementation plan or portion
thereof), (ii) requirements that the State comply with the
requirements respecting State boards under section 128, and
(iii) necessary assurances that, where the State has relied
on a local or regional government, agency, or instrumentality
for the implementation of any plan provision, the State has
responsibility for insuring adequcite implementation of such
plan provision;
(F) require, as may be prescribed by the Administrator--
(i) the installation, maintenance, and replacement of
equipment, and the implementation of other necessary steps,
by owners or operators of stationary sources to monitor
emissions from such sources,
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Section 110
(ii) periodic reports on the nature and amounts of
emissions and emissions-related data from such sources, and
(iii) correlation of such reports by the State agency
with any emission limitations or standards established
pursuant to this Act, which reports shall be available at
reasonable times for public inspection;
(G) provide for authority comparable to that in section
303 and adequate contingency plans to implement such
authority;
(H) provide for revision of such plan--
(i) from time to time as may be necessary to take
account of revisions of such national primary or secondary
ambient air quality standards or the availability of improved
or more expeditious methods of attaining such standard, and
(ii) except as provided in paragraph (3) (C) , whenever
the Administrator finds on the basis of information available
to the Administrator that the plan is substantially
inadequate to attain the national ambient air quality
standard which it implements or to otherwise comply with any
additional requirements established under this Act;
(I) in the case of a plan or plan revision for an area
designated as a nonattainment area, meet the applicable
requirements of part D (relating to nonattainment areas);
(J) meet the applicable requirements of section 121
(relating to consultation), section 127 (relating to public
notification), and part C (relating to prevention of
significant deterioration of air quality and visibility
protection);
(K) provide for--
(i) the performance of such air quality modeling as the
Administrator may prescribe for the purpose of predicting the
effect on ambient air quality of any emissions of any air
pollutant for which the Administrator has established a
national ambient air quality standard, and
(ii) the submission, upon request, of data related to
such air quality modeling to the Administrator;
(L) require the owner or operator of each major
stationary source to pay to the permitting authority, as a
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Section 110
condition of any permit required under this Act, a fee
sufficient to cover—
(i) the reasonable costs of reviewing and acting upon
any application for such a permit, and
(ii) if the owner or operator receives a permit for such
source, the reasonable costs of implementing and enforcing
the terms and conditions of any such permit (not including
any court costs or other costs associated with any
enforcement action), until such fee requirement is
superseded with respect to such sources by the
Administrator's approval of a fee program under title V; and
(M) provide for consultation and participation by local
political subdivisions affected by the plan.
(3)(A) [Deleted]
[Sec. 110(a)(3)(A) deleted by PL 101-549]
(B) As soon as practicable, the Administrator shall,
consistent with the purposes of this Act arid the Energy
Supply and Environmental Coordination Act of 1974, review
each State's applicable implementation plans and report to
the State on whether such plans can be revised in relation
to fuel burning stationary sources (or persons supply fuel to
such sources) without interfering with the attainment and
maintenance of any national ambient air quality standard
within the period permitted in this section. If the
Administrator determines that any such plan can be revised,
he shall notify the State that a plan revision may be
submitted by the State.
Any plan revision which is submitted by the State shall,
after public notice and opportunity for public hearing, be
approved by the Administrator if the revision relates only to
fuel burning stationary sources (or persons supplying fuel to
such sources), and the plan as revised complies with
paragraph (2) of this subsection. The Administrator shall
approve or disapprove any revision no later than three months
after its submission.
[PL 93-319], June 24, 1974]
(C) Neither the State, in the case of a plan (or portion
thereof) approved under this subsection, nor the
Administrator, in the case of a plan (or portion thereof)
promulgated under subsection (c), shall be required to revise
an applicable implementation plan because one or more
exemptions under section 118 (relating to Federal
facilities), enforcement orders under section 113(d),
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Section 110
suspensions under section 110.(f) or (g)(relating to
temporary energy or economic authority), orders under section
119 (relating to primary nonferrous smelters), or extensions
of compliance in decrees entered under section 113. (e)
(relating to iron- and steel-producing operations) have been
granted, if such plan would have met the requirements of this
section if no such exemptions, orders, or extensions had been
granted.
[PL 95-95, August 7, 1997; amended by PL 97-23]
(D) [Deleted]
[Sec. 110(a)(3)(D) deleted by PL 101-549]
(4) [Deleted]
[Sec. 110(a) (4) deleted by PL 101-549]
(5)(A)(i) Any State may include in a State
implementation plan, but the Administrator may not require as
a condition of approval of such plan under this section, any
indirect source review program. The Administrator may
approve and enforce, as part of an applicable implementation
plan, an indirect source review program which the State
chooses to adopt and submit as part of its plan.
(ii) Except as provided in subparagraph (B) , no plan
promulgated by the Administrator shall include any indirect
source review program for any air quality control region, or
portion thereof.
(iii) Any State may revise an applicable implementation
plan approved under section 110.(a) to suspend or revoke any
such program included in such plan, provided that such plan
meets the requirements of this section.
(B) The Administrator shall have the authority to
promulgate, implement and enforce regulations under section
110. (c) respecting indirect source review programs which
apply only to federally assisted highways, airports, and
other major federally assisted indirect sources and federally
owned or operated indirect sources.
(C) For purposes of this paragraph, the term "indirect
source" means a facility, building, structure, installation,
real property, road, or highway which attracts, or may
attract, mobile sources of pollution. Such term includes
parking lots, parking garages, and other facilities subject
to any measure for management of parking supply (within the
meaning of section 110. (c) (2) (D) (ii)), including regulation
of existing off-street parking but such term does not include
new or existing on-street parking. Direct emissions sources
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Section 110
or facilities at, within, or associated with, any indirect
source shall not be deemed indirect sources for the purpose
of this paragraph.
(D) For purposes of this section the term "indirect
source review program" means the facility-by-facility review
of indirect sources of air pollution, including such measures
as are necessary to assure, or assist in assuring, that a new
or modified indirect source will not attract mobile sources
of air pollution, the emissions from which would cause or
contribute to air pollution concentrations--
(i) exceeding any national primary ambient air quality
standard for a mobile source-related air pollutant after the
primary standard attainment date, or
(ii) preventing maintenance of any such standard after
such date.
(E) For purposes of this paragraph and paragraph (2)(B),
the term "transportation control measure" does not include
any measure
which is an "indirect source review program."
[PL 95-95, August 7, 1977]
(6) No State plan shall be treated as meeting the
requirements of this section unless such plan provides that
in the case of any source which uses a supplemental, or
intermittent control system for purposes of meeting the
requirements of an order under section 113.(d) or section 119
(relating to primary nonferrous smelter orders), the owner or
operator of such source may not temporarily reduce the pay of
any employee by reason of the use of such supplemental or
intermittent or other dispersion dependent control system.
[PL 95-95, August 7, 1977]
(b) The Administrator may, wherever he determines
necessary, extend the period for submission of any plan or
portion thereof which implements a national secondary ambient
air quality standard for a period not to exceed 18 months
from the date otherwise required for submission of such plan.
(c) (1) The Administrator shall promulgate a Federal
implementation plan at any time within two years after the
Administrator—
(A) finds that a State has failed to make a required
submission or finds that the plan or plan revision submitted
by the State does not satisfy the minimum criteria
established under section 110 (k) (1) (A), or
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Section 110
(B) disapproves a State implementation plan submission
in whole or in part, unless the State corrects the
deficiency, and the Administrator approves the plan or plan
revision, before the Administrator promulgates such Federal
implementation plan.
[PL 95-95, August 7, 1977, PL 101-549]
(2)(A)[Deleted]
[Sec. 110 (c) (2) (A) deleted by PL 101-549]
(B) No parking surcharge regulation may be required by
the Administrator under paragraph (1) of this subsection as a
part of an applicable implementation plan. All parking
surcharge regulations previously required by the
Administrator shall be void upon the date of enactment of
this subparagraph. This subparagraph shall not prevent the
Administrator from approving parking surcharges if they are
adopted and submitted by a State as part of an applicable
implementation plan. The Administrator may not condition
approval of any implementation plan submitted by a State on
such plan's including a parking surcharge regulation.
(C)[Deleted]
[Sec. 110 (c)(2)(C) deleted by PL 101-549]
(D) For purposes of this paragraph—
(i) The term "parking surcharge regulation" means a
regulation imposing or requiring the imposition of any tax,
surcharge, fee, or other charge on parking spaces, or any
other area used for the temporary storage of motor vehicles.
(ii) The term "management of parking supply" shall
include any requirement providing that any new facility
containing a given number of parking spaces shall receive a
permit or other prior approval, issuance of which is to be
conditioned on air quality considerations.
(iii) The term "preferential bus/carpool lane" shall
include any requirement for the setting aside of one or more
lanes of a street or highway on a permanent or temporary
basis for the exclusive use of buses or carpools, or both.
(E) No standard, plan, or requirement, relating to
management of parking supply or preferential bus/carpool
lanes shall be promulgated after the date of enactment to
this paragraph by the Administrator pursuant to this section,
unless such promulgation has been subjected to at least one
public hearing which has been held in the area affected and
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Section 110
for which reasonable notice has been given in such area. If
substantial changes are made following public hearings, one
or more additional hearings shall be held in such area after
such notice.
[PL 93-319, June 24, 1974]
(3) Upon application of the chief executive officer of
any general purpose unit of local government, if the
Administrator determines that such unit has adequate
authority under State or local law, the Administrator may
delegate to such unit the authority to implement and enforce
within the jurisdiction of such unit any part of a plan
promulgated under this subsection. Nothing in this
paragraph shall prevent the Administrator from implementing
or enforcing any applicable provision of a plan promulgated
under this subsection.
[PL 95-95, August 7, 1977]
(4) [Deleted]
[Sec. 110 (c) (4) deleted by PL 101-549]
(5)(A) Any measure in an applicable implementation plan
which requires a toll or other charge for the use of a bridge
located entirely within one city shall be eliminated from
such plan by the Administrator upon application by the
Governor of the State, which application shall include a
certification by the Governor that he will revise such plan
in accordance with subparagraph (B).
(B) In the case of any applicable implementation plan
with respect to which a measure has been eliminated under
subparagraph (A) , such plan shall, not later than one year
after the date of the enactment of this subparagraph be
revised to include comprehensive measures to:
[Sec. 110 (c) (5) (B) amended by PL 101-549]
(i) establish, expand, or improve public transportation
measures to meet basic transportation needs, as expeditiously
as is practicable; and
(ii) implement transportation control measures necessary
to attain and maintain national ambient air quality
standards, and such revised plan shall, for the purpose of
implementing such comprehensive public transportation
measures, include requirements to use (insofar as is
necessary) Federal grants, State or local funds, or any
combination of such grants and funds as may be consistent
with the terms of the legislation providing such grants and
funds. Such measures shall, as a substitute for the tolls or
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Section 110
charges eliminated under subparagraph (A) , provide for
emissions reductions equivalent to the reductions which may
reasonably be expected to be achieved through the use of the
tolls or charges eliminated.
(C) Any revision of an implementation plan for purposes
of meeting the requirements of subparagraph (B) shall be
submitted in coordination with any plan revision required
under part D.
[PL 95-95, August 7, 1977]
(d),(e)[Deleted]
[Sec. 110(d) and (e) deleted by PL 101-549]
(f) (1) Upon application by the owner or operator of a
fuel burning stationary source, and after notice and
opportunity for public hearing, the Governor of the State in
which such source is located may petition the President to
determine that a national or regional energy emergency exists
of such severity that--
(A) a temporary suspension of any part of the applicable
implementation plan or any requirement under section 411
(concerning excess emissions penalties or offsets) of title
IV of the Act may be necessary, and
[Sec.110(f)(1) amended by PL 101-549]
(B) other means of responding to the energy emergency
may be inadequate. Such determination shall not be delegable
by the President to any other person. If the President
determines that a national or regional energy emergency of
such severity exists, a temporary emergency suspension of any
part of an applicable implementation plan adopted by the
State may be issued by the Governor of any State covered by
the President's determination under the conditions specified
in paragraph (2) and may take effect immediately.
(2) A temporary emergency suspension under this
subsection shall be issued to a source only if the Governor
of such State finds that--
(A) there exists in the vicinity of such source a
temporary energy emergency involving high levels of
unemployment or loss of necessary energy supplies for
residential dwellings; and
(B) such unemployment or loss can be totally or
partially alleviated by such emergency suspension. Not more
than one such suspension may be issued for any source on the
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Section 110
basis of the same set of circumstances or on the basis of the
same emergency.
(3) A temporary emergency suspension issued by a
Governor under this subsection shall remain in effect for a
maximum of four months or such lesser period as may be
specified in a disapproval order of the Administrator, if
any. The Administrator may disapprove such suspension if he
determines that it does not meet the requirements of
paragraph (2).
(4) This subsection shall not apply in the case of a
plan provision or requirement promulgated by the
Administrator under subsection (c) of this section, but in
any such case the President may grant a temporary emergency
suspension for a four month period of any such provision or
requirement if he makes the determinations and findings
specified in paragraphs (1) and (2).
(5) The Governor may include in any temporary emergency
suspension issued under this subsection a provision delaying
for a period identical to the period of such suspension any
compliance schedule (or increment of progress) to which such
source is subject under section 119, as in effect before the
date of the enactment of this paragraph or section 113.(d) of
this Act, upon a finding that such source is unable to comply
with such schedule (or increment) solely because of the
conditions on the basis of which a suspension was issued
under this subsection.
[PL 95-95, August 7, 1977]
(g)(1) In the case of any State which has adopted and
submitted to the Administrator a proposed plan revision which
the State determines--
(A) meets the requirements of this section, and
(B) is necessary (i) to prevent the closing for one year
or more of any source of air pollution, and (ii) to prevent
substantial increases in unemployment which would result from
such closing, and which the Administrator has not approved or
disapproved under this section within 12 months of submission
of the proposed plan revision, the Governor may issue a
temporary emergency suspension of the part of the applicable
implementation plan for such State which is proposed to be
revised with respect to such source. The determination under
subparagraph (B) may not be made with respect to a source
which would close without regard to whether or not the
proposed plan revision is approved.
[Sec. 110(g)(1)(B) amended by PL 101-549]
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Section 110
(2) A temporary emergency suspension issued by a
Governor under this subsection shall remain in effect for a
maximum of four months or such lesser period as may be
specified in a disapproval order of the Administrator. The
Administrator may disapprove such suspension if he determines
that it does not meet the requirements of this subsection.
(3) The Governor may include in any temporary emergency
suspension issued under this subsection a provision delaying
for a period identical to the period of such suspension any
compliance schedule (or increment of progress) to which such
source is subject under section 119 as in effect before the
date of the enactment of this paragraph or section 113. (d)
upon a finding that such source is unable to comply with such
schedule (or increment) solely because of the conditions on
the basis of which a suspension was issued under this
subsection.
[PL 95-95, August 7, 1977]
(h)(1) Not later than five years, after the date of the
enactment of the Clean Air Act Amendments of 1990 and every
three years thereafter, the Administrator shall assemble and
publish a comprehensive document for each State setting forth
all requirements of the applicable implementation plan for
such State and shall publish notice in the Federal Register
of the availability of such documents.
[Sec. 110(h)(1) amended by PL 101-549]
(2) The Administrator may promulgate such regulations as
may be reasonable necessary to carry out the purpose of this
subsection.
(i) Except for a primary nonferrous smelter order under
section 119, a suspension under section 110 (f) or (g)
(relating to emergency suspensions), as exemption under
section 118 (relating to Federal facilities), an order under
section 113(d) (relating to compliance orders), a plan
promulgation under section 110. (c) , or a plan revision under
section 110. (a) (3), no order, suspension, plan revision, or
other action modifying any requirement of an applicable
implementation plan may be taken with respect to any
stationary source by the State or by the Administrator.
(j) As a condition for issuance of any permit required
under this title, the owner or operator of each new or
modified stationary source which is required to obtain such a
permit must show to the satisfaction of the permitting
authority that the technology system of continuous emission
reduction which is to be used at will enable such source to
comply with the standards of performance which are to apply
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Section 110
to such source and that the construction or modification and
operation of such source will be in compliance with all other
requirements of this Act.
[PL 95-95, August 7, 1977; PL 95-190, November 16, 1977]
[Sec. 110(k)--(p) added by PL 101-549]
(k) Environmental Protection Agency Action On Plan
Submissions, -- (1) Completeness Of Plan Submissions, -- (A)
Completeness Criteria — Within nine months after the dates of
the enactment of the Clean Air Amendments of 1990, the
Administrator shall promulgate minimum criteria that any plan
submission must meet before the Administrator is required to
act on such submission under this subsection. The criteria
shall be limited to the information necessary to enable the
Administrator to determine whether the plan submission
complies with the provisions of this Act.
(B) Completeness Finding. -•- Within 60 days of the
Administrator's receipt of a plan or plan revision, but no
later than six months after the date, if any, by which a
State is required to submit the plan or revision, the
Administrator shall determine whether the minimum criteria
established pursuant to subparagraph (A) have been met. Any
plan or plan revision that a State submits to the
Administrator, and that has not. been determined by the
Administrator (by the date six months after receipt of the
submission) to have failed to meet the minimum criteria
established pursuant to subparagraph (A), shall on that date
be deemed by operation of law to meet such minimum criteria.
(C) Effect of Finding of Incompleteness. -- Where the
Administrator determines that a plan submission (or part
thereof) does not meet the minimum criteria established
pursuant to subparagraph (A), the State shall be treated as
not having made he submission (or, in the Administrator' s
discretion, part thereof).
(2) Deadline for Action. — Within twelve months of a
determination by the Administrator (or a determination deemed
by operation of law) under paragraph (1) that a State has
submitted a plan or plan revision (or, in the Administrator's
discretion, part thereof) that meets the minimum criteria
established pursuant to paragraph (1), if applicable (or, if
those criteria are not applicable, within twelve months of
submission of the plan or revision), the Administrator shall
act on the submission in accordance with paragraph (3).
(3) Full and Partial Approval and Disapproval. -- In the
case of any submittal on which the Administrator is required
to act under paragraph (2), the Administrator shall approve
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Section 110
such submittal as a whole if it meets all of the applicable
requirements of this Act. If a portion of the plan revision
meets all the applicable requirements of this Act, the
Administrator may approve the plan revision in part and
disapprove the plan revision in part. The plan revision
shall not be treated as meeting the requirements of this Act
until the Administrator approves the entire plan revision as
complying with the applicable requirements of this Act.
(4) Conditional Approval. -- The Administrator may
approve a plan revision based on a commitment of the State to
adopt specific enforceable measures by a date certain, but
not later than one year after the date of approval of the
plan revision. Any such conditional approval shall be
treated as a disapproval if the State fails to comply with
such commitment.
(5) Calls For Plan Revisions. -- Whenever the
Administrator finds that the applicable implementation plan
for any area is substantially inadequate to attain or
maintain the relevant national ambient air quality standard,
to mitigate adequately the interstate pollutant transport
described in section 176A or section 184, or to otherwise
comply with any requirement of this Act, the Administrator
shall require the State to revise the plan as necessary to
correct such inadequacies. The Administrator shall notify
the State of the inadequacies, and may establish reasonable
deadlines (not to exceed eighteen months after the date of
such notice) for the submission of such plan revisions. Such
findings and notice shall be public. Any finding under this
paragraph shall, to the extent the Administrator deems
appropriate, subject the State to the requirements of this
Act to which the State was subject when it developed and
submitted the plan for which such finding was made, except
that the Administrator may adjust any dates applicable under
such requirements as appropriate (except that the
Administrator may not adjust any attainment date prescribed
under part D, unless such date has elapsed).
(6) Corrections. -- Whenever the Administrator
determines that the Administrator's action approving,
disapproving, or promulgating any plan or plan revision (or
part thereof), area designation, redesignation,
classification, or reclassification was in error, the
Administrator may in the same manner as the approval,
disapproval, or promulgation revise such action as
appropriate without requiring any further submission from the
State. Such determination and the basis thereof shall be
provided to the State and public.
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Section 110
(1) Plan Revision. -- Each revision to an
implementation plan submitted by a State under this Act shall
be adopted by such State after reasonable notice and public
hearing. The Administrator shall not approve a revision of a
plan if the revision would interfere with any applicable
requirement concerning attainment and reasonable further
progress (as defined in section 171), or any other applicable
requirement of this Act.
(m) Sanctions. — The Administrator may apply any of the
sanctions listed in section 179 (b) at any time (or at any
time after) the Administrator makes a finding,, disapproval,
or determination under paragraphs (1) through (4),
respectively, of section 179 (a) in relation to any plan or
plan item (as that term is defined by the Administrator)
required under this Act, with respect to any portion of the
State the Administrator determines reasonable and
appropriate, for the purpose of ensuring that the
requirements of this Act relating to such plan or plan item
are met. The Administrator shall, by rule, establish
criteria for exercising his authority under the previous
sentence with respect to any deficiency referred to in
section 179(a) to ensure that, during the 24-month period
following the finding, disapproval, or determination referred
to in section 179 (a), such sanctions are not applied on a
statewide basis where one or more political subdivisions
covered by the cipplicable implementation plan are principally
responsible for such deficiency.
(n) Savings Clauses. -- (1) Existing Plan Provisions. --
Any provision of any applicable implementation plan that was
approved or promulgated by the Administrator pursuant to this
section as in effect before the date of the enactment of the
Clean Air Act Amendments of 1990 shall remain in effect as
part of such applicable implementation plan, except to the
extent that a revision to such provision is approved or
promulgated by the Administrator pursuant to this Act.
(2) Attainment Dates. -- For any area not designated
non-attainment, any plan or plan revision submitted or
required to be submitted by a State—
(A) in response to the promulgation or revision of a
national primary ambient air quality standard in effect on
the date of the enactment of the Clean Air Act Amendments of
1990, or
(B) in response to a finding of substantial inadequacy
under subsection (a)(2) (as in effect immediately before the
date of the enactment of the Clean Air Act Amendments of
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Section 110
1990), shall provide for attainment of the national primary
ambient air quality standards within three years of the date
of the enactment of the Clean Air Act Amendments of 1990
shall provide for attainment of the national primary ambient
air quality standards within three years of the date of the
enactment of the Clean Air Act Amendments of 1990 or within
five years of issuance of such finding of substantial
inadequacy, whichever is later.
(3) Retention of Construction Moratorium in Certain
Areas. -- In the case of an area to which, immediately before
the date of the enactment of the Clean Air Act Amendments of
1990, the prohibition on construction or modification of
major stationary sources prescribed in subsection (a) (2) (1)
(as in effect immediately before the date of the enactment of
the Clean Air Act Amendments of 1990) applied by virtue of a
finding of the Administrator that the State containing such
area had not submitted an implementation plan meeting the
requirements of section 172(b)(6) (relating to establishment
of a permit program)(as in effect immediately before the date
of enactment of the Clean Air Act Amendments of 1990) or
172(a) (1) (to the extent such requirements relate to
provision for attainment of the primary national ambient air
quality standard for sulfur oxides by December 31, 1982) as
in effect immediately before the date of the enactment of the
Clean Air Act Amendments of 1990, no major stationary source
of the relevant air pollutant or pollutants shall be
constructed or modified in such area until the Administrator
finds that the plan for such area meets the applicable
requirements of section 172 (c) (5) (relating to permit
programs) or subpart 5 of part D (relating to attainment of
the primary national ambient air quality standard for sulfur
dioxide), respectively.
(o) Indian Tribes. -- If an Indian tribe submits an
implementation plan to the Administrator pursuant to section
301 (d) , the plan shall be reviewed in accordance with the
provisions for review set forth in this section for State
plans, except as otherwise provided by regulation promulgated
pursuant to section 301 (d) (2) . When such plan becomes
effective in accordance with the regulations promulgated
under section 301(d), the plan shall become applicable to all
areas (except as expressly provided otherwise in the plan)
located within the exterior boundaries of the reservation,
notwithstanding the issuance of any patent and including
rights-of-way running through the reservation.
(p) Reports. -- Any State shall submit, according to
such schedule as the Administrator may prescribe, such
reports as the Administrator may require relating to emission
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Section 110
reductions, vehicle miles traveled, congestion levels, and
any other information the Administrator may deem necessary to
assess the development effectiveness, need for revision, or
implementation of any plan or plan revision required under
this Act.
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Section 121
CONSULTATION
Sec. 121. In carrying out the requirements of this Act
requiring applicable implementation plans to contain-
(1) any transportation controls, air quality maintenance
plan requirements or prereconstruction review of direct
sources of air pollution, or
(2) any measure referred to-
(A) in part D (pertaining to nonattainment
requirements), or
(B) in part C (pertaining to prevention of significant
deterioration),
and in carrying out the requirements of Section 113(d)
(relating to certain enforcement orders), the State shall
provide a satisfactory process of consultation with general
purpose local governments, designated organizations of
elected officials of local governments and any Federal land
manager having authority over Federal land to which the State
plan applies, effective with respect to any such requirement
which is adopted more than one year after the date of
enactment of the Clean Air Act amendments of 1977 as part of
such plan. Such process shall be in accordance with
regulations promulgated by the Administrator to assure
adequate consultation. The Administrator shall update as
necessary the original regulations required and promulgated
under this section (as in effect immediately before the date
of the enactment of the Clean Air Act Amendments of 1990) to
ensure adequate consultation. Only a general purpose unit of
local government, regional agency, or council of governments
adversely affected by action of the Administrator approving
any portion of a plan referred to in this subsection may
petition for judicial review of such action on the basis of a
violation of the requirements of this section.
[PL 95-95, August 7, 1977; amended by PL 101-549]
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Section 171
Part D-Plan Requirements for
Nonattainment Areas
[PL 95-95. August 7, 1977]
Subpart 1-Nonattainment Areas
in General
[Subpart 1 designated by PL 101-549]
DEFINITIONS
Sec. 171. For the purpose of this part [Sec. 171 into
para., (1) and (2) amended by PL 101-549]
(1) Reasonable Further Progress.-The term 'reasonable
further progress1 means such annual incremental reductions in
emissions of the relevant air pollutant as are required by
this part or may reasonably be required by the Administrator
for the purpose of ensuring attainment of the applicable
national ambient air quality standard by the applicable date.
(2) Nonattciinment Area.-The term ' nonattainment area'
means for any ciir pollutant, an area which is designated
'nonattainment1 with respect to that pollutant within the
meaning of section 107(d).
(3) The term 'lowest achievable emission rate' means for
any source that rate of emissions which reflects-
(A) the most stringent emission limitation which is
contained in the implementation plan of any State for such
class or category of source, unless the owner or operator of
the proposed source demonstrates that such limitations cire
not achievable, or
(B) the most stringent emission limitation which is
achieved in practice by such class or category of source,
whichever is more stringent.
In no event shall the application of this term permit a.
proposed new or modified source to emit any pollutant in
excess of the amount allowable under applicable new source
standards of performance.
(4) The terms 'modification' and 'modified' mean the
same as the term 'modification' as used in section 111 (a) (4)
of this Act.
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Section 172
NONATTAINMENT PLAN PROVISIONS IN GENERAL
Sec.172. (a) Classifications And Attainment Dates.-(1)
Classifications.-(A) On or after the date the Administrator
promulgates the designation of an area as a nonattainment
area pursuant to section 107(d) with respect to any national
ambient air quality standard (or any revised standard
including a revision of any standard in effect on the date of
the enactment of the Clean Air Act Amendments of 1990) , the
Administrator may classify the area for the purpose of
applying an attainment date pursuant to paragraph (2), and
for other purposes . In determining the appropriate
classification, if any, for a nonattainment area, the
Administrator may consider such factors as the severity of
nonattainment in such area and the availability and
feasibility of the pollution control measures that the
Administrator believes may be necessary to provide for
attainment of such standard in such area.
(B) The Administrator shall publish a notice in the
Federal Register announcing each classification under
subparagraph (A), except the Administrator shall provide an
opportunity for at least 30 days for written comment. Such
classification shall not be subject to the provisions of
sections 553 through 557 of title 5 of the United States Code
(concerning notice and comment) and shall not be subject to
judicial review until the Administrator takes final action
under subsection (k) or (1) of section 110 (concerning action
on plan submissions) or section 179 (concerning sanctions)
with respect to any plan submissions required by virtue of
such classification.
(C) This paragraph shall not apply with respect to
nonattainment areas for which classifications are
specifically provided under other provisions of this part.
(2) Attainment Dates for Nonattainment Areas.-(A) The
attainment date for an area designated nonattainment with
respect to a national primary ambient air quality standard
shall be the date by which attainment can be achieved as
expeditiously as practicable, but no later than 5 years from
the date such area was designated nonattainment under section
107(d), except that the Administrator may extend the
attainment date to the extent the Administrator determines
appropriate, for a period no greater than 10 years from the
date of designation as nonattainment, considering the
severity of nonattainment and the availability, and
feasibility of pollution control measures.
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Section 172
(B) The attainment date for an area designated
nonattainment with respect to a secondary national ambient
air quality standard shall be the date by which attainment
can be achieved as expeditiously as practicable after the
date such areas was designated nonattainment under section
107(d).
(C) Upon application by any State, the Administrator may
extend for I additional year (hereinafter referred to as the
'Extension year1) the attainment date determined by the
Administrator under subparagraph (A) or (B) if-
(i) the State has complied with all requirements and
commitments pertaining to the area in the applicable
implementation plan, and
(ii) in accordance with guidance published by the
Administrator, no more than a minimal number of exceedances
of the relevant national ambient air quality standard has
occurred in the area in the year preceding the Extension
Year. No more than 2 one-year extensions maybe issued under
this subparagraph for a single nonattainment area.
(D) This paragraph shall not apply with respect to
nonattainment areas for which attainment dates are
specifically provided under other provisions of this part.
(b) Schedule for Plan Submi ssions .-At the time the
Administrator promulgates the designation of an area as
nonattainment with respect to a national ambient air quality
standard under section 107(d), the Administrator shall
establish a schedule according to which the State containing
such area shall submit a plan or plan revision (including the
plan items) meeting the applicable requirements of subsection
(c) and section 110(a)(2). Such schedule shall at a minimum,
include a date or dates, extending no later than 3 years from
the date of the nonattainment designation, for the submission
of a plan or plan revision (including the plan items) meeting
the applicable requirements of subsection (c) and section
110(a) (2) .
(c) Nonattainment Plan Provisions.-The plan provisions
(including plan items) required to be submitted under this
part shall comply with each of the following:
(1) In General.-Such plan provisions shall provide for
the implementation of all reasonably available control
measures as expeditiously as practicable (including such
reduction in emissions form existing sources in the area as
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Section 172
may be obtained through the adoption, at a minimum, of
reasonably available control technology) and shall provide
for attainment of the national primary ambient air quality
standards.
(2) RFP.-Such plan provisions shall require reasonable
further progress.
(3) Inventory.-Such plan provisions shall include a
comprehensive, accurate, current inventory of actual
emissions from all sources of the relevant pollutant or
pollutants in such area, including such periodic revisions as
the Administrator may determine necessary to assure that the
requirements of this part are met.
(4) Identification An Quantification.-Such plan
provisions shall expressly identify and quantify the
emissions, if any, of any such pollutant or pollutants which
will be allowed, in accordance with section 173 (a) (1) (B) ,
from the construction and operation of major new or modified
stationary sources in each such area. The plan shall
demonstrate to the satisfaction of the Administrator that the
emissions quantified for this purpose will be consistent with
the achievement of reasonable further progress and will not
interfere with attainment of the applicable national ambient
air quality standards by the applicable attainment date.
(5) Permits for New and Modified Major Stationary
Sources.-Such plan provisions shall require permits for the
construction and operation of new or modified major
stationary sources anywhere in the nonattainment area, in
accordance with section 173.
(6) Other Measures.-Such plan provisions shall include
enforceable emission limitations, and such other control
measures, means or techniques (including economic incentives
such as fees, marketable permits, and auctions of emission
rights), as well as schedules and timetables for compliance,
as may be necessary or appropriate to provide for attainment
of such standard in such area by the applicable attainment
date specified in this part.
(7) Compliance With Section 110 (a)- (2) .-Such plan
provisions shall also meet the applicable provisions of
section 110(a)(2).
(8) Equivalent Techniques.-Upon application by any
State, the Administrator may allow the use of equivalent
modeling, emission inventory, and planning procedures, unless
the Administrator determines that the proposed techniques
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Section 172
are, in the aggregate, less effective than the methods
specified by the Administrator.
(9) Contingency Measures.-Such plan shall provide for
the implementation of specific measures to be undertaken if
the area fails to make reasonable further progress, or to
attain the national primary ambient air quality standard by
the attainment date applicable under this part. Such
measures shall be included in the plan revision as
contingency measures to take effect in any such case without
further action by the State or the Administrator.
(d) Plan Revisions Required in Response to Finding cf
Plan Inadequacy.-Any plan revision for a nonattainment area
which is required to be submitted in response to a finding by
the Administrator pursuant to section 110 (k) (5) (relating to
calls for plan revisions) must correct the plan deficiency
(or deficiencies) specified by the Administrator and meet all
other applicable plan requirements of section 110 and this
part . The Administrator may reasonably adjust the da.tes
otherwise applicable under such requirements to such revision
(except for attainment dates that have not yet elapsed), to
the extent necessary to achieve a consistent application of
such requirements. In order to facilitate submittal by the
States of adequate and approvable plans consistent with the
applicable requirements of this Act, the Administrator shall,
as appropriate and from time to time, issue written
guidelines, interpretations, and information to the States
which shall be available to the public, taking into
consideration any such guidelines, interpretations, or
information provided before the date of the enactment of the
Clean Air Act Amendments of 1990.
(e) Future Modification of Standard.-If the
Administrator relaxes a national primary ambient air quality
standard after the date of the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall, within 12 months
after the relaxation, promulgate requirements applicable to
all areas which have not attained that standard as of the
date of such relaxation. Such requirements shall provide for
controls which are not less stringent than the controls
applicable to areas designated nonattainment before such
relaxation.
[Sec. 172 revised by PL 101-549]
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Section 173
PERMIT REQUIREMENTS
Sec. 173.(a) In General-The permit program required by
section 172(b)(6) shall provide that permits to construct and
operate may be issued if-
(1) in accordance with regulations issued by the
Administrator for the determination of baseline emissions in
a manner consistent with the assumptions underlying the
applicable implementation plan approved under section 110 and
this part, the permitting agency determines that-
(A) by the time the source is to commence operation,
sufficient offsetting emissions reductions have been
obtained, such that total allowable emissions from existing
sources in the region, from new or modified sources which are
not major emitting facilities, and from the proposed source
will be sufficiently less than total emissions from existing
sources (as determined in accordance with the regulations
under this paragraph) prior to the application for such
permit to construct or modify so as to represent (when
considered together with the plan provisions required under
section 172) reasonable further progress (as defined in
section 171); or [PL 95-190, November 16, 1977]
(B) in the case of a new or modified major stationary
source which is located in a zone (within the nonattainment
area) identified by the Administrator, in consultation with
the Secretary of Housing and Urban Development, as a zone to
which economic development should be targeted, that emissions
of such pollutant resulting from the proposed new or modified
major stationary source will not cause or contribute to
emissions levels which exceed the allowance permitted for
such pollutant for such area form new or modified major
stationary sources under section 172 (c);
(2) the proposed source is required to comply with the
lowest achievable emission rate;
(3) the owner or operator of the proposed new or
modified source has demonstrated that all major stationary
sources owned or operated by such person (or by any entity
controlling, controlled by, or under common with such person)
in such State are subject to emission limitations and are in
compliance, or on a schedule for compliance, with all
applicable emission limitations and standards under this Act:
and
(4) the Administrator has not determined that the
applicable implementation plan is not being adequately
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Section 173
implemented for the nonattainment area in which the proposed
source is to be constructed or modified in accordance with
the requirements of this part; and
[PL 95-190, November 16, 1977]
(5) an analysis of alternative sites, sizes, production
processes, and environmental control techniques for such
proposed source demonstrates that benefits of the proposed
source significantly outweigh the environmental and social
costs imposed as a result of its location, construction, or
modification. [Sec. 173(a)(5) added by PL 101-549] Any
emission reductions required as a precondition of the
issuance of a permit under paragraph (1) shall be federally
enforceable before such permit may be issued.
(b) Prohibition on Use of Old Growth Allowances.-Any
growth allowance included in an applicable implementation
plan to meet the requirements of section 172 (b) (5) (as in
effect immediately before the date of the enactment of the
Clean Air Act Amendments of 1990) shall not be valid for use
in any area that received or receives a notice under section
110(a) (2)-(H) (ii) (as in effect immediately before the date
of the enactment of the Clean Air Act Amendments of 1990) or
under section 110 (k) (1) that its applicable implementation
plan containing such allowance is substantially inadequate.
(c) Of f sets.-(1) The owner or operator of a new or
modified major stationary source may comply with any offset
requirement in effect under this part for increased emissions
of any air pollutant only by obtaining emission reductions of
such air pollutant from the same source or other sources in
the same nonattainment area, except that the State may allow
the owner or operator of a source to obtain such emission
reductions in another nonattainment area if (A) the other
area has an equal or higher nonattainment classification than
the area in which the source is located and (B) emissions
from such other area contribute to a violation of the
national ambient air quality standard in the nonattainment
area in which the source is located. Such emission
reductions shall be, by the time a new or modified source
commences operation, in effect and enforceable and shall
assure that the total tonnage of increased emissions of the
air pollutant from the new or modified source shall be offset
by an equal or greater reduction, as applicable in the actual
emissions of such air pollutant from the same or other
sources in the area.
(2) Emission reductions otherwise required by this Act
shall not be creditable as emissions reductions for purposes
of any such offset requirement. Incidental emission
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Section 173
reductions which are not otherwise required by this Act shall
be creditable as emission reductions for such purposes if
such emission reductions meet the requirements of paragraph
(1) -
(d) Control Technology Information.-The States shall
provide that control technology information from permits
issued under this section will be promptly submitted to the
Administrator for purposes of making such information
available through the RACT/BACT/LAER clearinghouse to other
States and to the general public.
(e) Rocket Engines or Motors.-The permitting authority
of a State shall allow a source to offset by alternative or
innovative means emission increases from rocket engine and
motor firing, and cleaning related to such firing, at an
existing or modified major source that tests rocket engines
or motors under the following conditions:
(1) Any modification proposed is solely for the purpose
of expanding the testing of rocket engines or motors at an
existing source that is permitted to test such engines on the
date of enactment of this subsection.
(2) The source demonstrates to the satisfaction of the
permitting authority of the State that it has used all
reasonable means to obtain and utilize offsets, as determined
on an annual basis, for the emissions increases beyond
allowable levels, that all available offsets are being used,
and that sufficient offset are not available to the source.
(3) The source has obtained a written finding from the
Department of Defense, Department of Transportation, National
Aeronautics and Space Administration or other appropriate
Federal agency, that the testing of rocket motors or engines
at the facility is required for a program essential to the
national security.
(4) The source will comply with an alternative measure
imposed by the permitting authority, designed to offset any
emission increases beyond permitted levels not directly
offset by the source. In lieu of imposing any alternative
offset measures, the permitting authority may impose an
emissions fee to be paid to such authority of a State which
shall be an amount no greater than 1.5 times the average cost
of stationary source control measures adopted in that area
during the previous 3 years. The permitting authority shall
utilize the fees in a manner that maximizes the emissions
reduction in that area. [Sec. 173 revised by PL 101-549]
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Section 174
PLANNING PROCEDURES
Sec. 174.(a) In General.-For any ozone, carbon monoxide,
or PM-10 nonattainment area, the State containing such area
and elected officials of affected local governments shall,
before the date required for submittal of the inventory
described under sections 182(a) (1) and 187 (a) (1), jointly
review and update as necessary the planning procedures
adopted pursuant to this subsection as in effect immediately
before the date of the enactment of the Clean Air Act
Amendments of 1990, or develop new planning procedures
pursuant to this subsection, as appropriate. In preparing
such procedures the State and local elected officials shall
determine which elements of a revised implementation plan
will be developed, adopted, and implemented (through means
including enforcement) by the State and which by local
governments or regional agencies, or any combination of local
governments, regional agencies, or the State. The
implementation plan required by this part shall be prepared
by an organization certified by the State, in consultation
with elected officials of local governments and in accordance
with the determination under the second sentence of this
subsection. Such organization shall include elected
officials of local governments in the affected area, and
representatives of the State air quality planning agency, the
State transportation planning agency, the metropolitan
planning organization designated to conduct the continuing,
cooperative and comprehensive transportation planning process
for the area under section 134 title 23, United States Code,
the organization responsible for the air quality maintenance
planning process under regulations implementing this Act, and
any other organization with responsibilities for developing,
submitting, or implementing the plan required by this pairt.
Such organization may be one that carried out these functions
before the date of the enactment of the Clean Air Act
Amendments of 1990.
(b) Coordination.-The preparation of implementation plan
provisions and subsequent plan revisions under the continuing
transportation-air quality planning process described in
section 108(e) shall be coordinated with the continuing,
cooperative and comprehensive transportation planning process
required under section 134 of title 23, United States Code,
and such planning processes shall take into account the
requirements of this part.
(c) Joint Planning.-In the case of a nonattainment area
that is included within more than one State, the affected
States may jointly, through interstate compact or otherwise,
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Section 174
undertake and implement all or part of the planning
procedures described in this section.
[Sec. 174 revised by PL 101-549]
033
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Section 175
ENVIRONMENTAL PROTECTION AGENCY GRANTS
Sec. 175.(a) The Administrator shall make grants to any
organization of local elected officials with transportation
or air quality maintenance planning responsibilities
recognized by the State under section 174(a) for payment of
the reasonable costs of developing a plan revision under this
part.
(b) The amount granted to any organization under
subsection (a) shall be 100 percent of any additional costs
of developing a plan revision under this part for the first
two fiscal years following receipt of the g::ant under this
paragraph, and shall supplement any funds aivailable under
Federal law to such organization for transportation or air
quality maintenance planning Grants under this section shall
not be used for construction.
MAINTENANCE PLANS
Sec. 175A.(a) Plan Revision.-Each State which submits a
request under section 107(d) for redesignation of a
nonattainment area for any air pollutant as an area which has
attained the national primary ambient air quality standard
for that air pollutant shall also submit a revision of the
applicable State implementation plan to provide for the
maintenance of the national primary ambient air quality
standard for such air pollutant in the area concerned for at
least 10 years after the redesignation. The plan shall
contain such additional measures, if any, as may be necessary
to ensure such maintenance.
(b) Subsequent Plan Revisions.-8 years after
redesignation of any area as an attainment area under section
107 (d), the State shall submit to the Administrator an
additional revision of the applicable State implementation
plan for maintaining the national primary ambient air quality
standard for 10 years after the expiration of the 10-year
period referred to in subsection(a).
(c) Nonattainment Requirements Applicable Pending Plan
Approval.-Until such plan revision is approved and an area is
redesignated as attainment for any area designed as a
nonattainment area, the requirements of this part shall
continue in force and effect with respect to such area.
(d) Contingency Provisions.-Each plan revision submitted
under this section shall contain such contingency provisions
as the Administrator deems necessary to assure that the State
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Section 175
will promptly correct any violation of the standard which
occurs after the redesignation of the area as an attainment
area. Such provisions shall include a requirement that the
State will implement all measures with respect to the control
of the air pollutant concerned which were contained in the
State implementation plan for the area before redesignation
of the area as an attainment area. The failure of any area
redesignated as an attainment area to maintain the national
ambient air quality standard concerned shall not result in a
requirement that the State revise its State implementation
plan unless the Administrator, in the Administrator's
discretion, requires the State to submit a revised State
implementation plan.
[Sec.175A.added by PL 101-549]
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Section 176
LIMITATION ON CERTAIN FEDERAL ASSISTANCE
Sec. 176.(a), (b) [Repealed by PL 101-549]
(c) (1) No department, agency, or instrumentality of the
Federal Government shall engage in, support in any way or
provide financial assistance for, license or permit, or
approve, any activity which does not conform to an
implementation plan after it has been approved or promulgated
under section 110. No metropolitan planning organization
designated under section 134 of title 23, United States Code,
shall give its approval to any project, program, or plan
which does not conform to an implementation plan approved or
promulgated under section 110. The assurance of conformity
to such an implementation plan shall be an affirmative
responsibility of the head of such department, agency, or
instrumentality. Conformity to an implementation plan means-
(A) conformity to an implementation plan's purpose of
eliminating or reducing the severity and number of violations
of the national ambient air quality standards and achieving
expeditious attainment of such standards; and
(B) that such activities will not-
(i) cause or contribute to any new violation of any
standard in any area;
(ii) increase the frequency of severity of any existing
violation of any standard in any area; or
(iii) delay timely attainment of any standard or any
required interim emission reductions or other milestones in
any area. The determination of conformity shall be based on
the most recent estimates of emissions, and such estimates
shall be determined from the most recent population,
employment, travel and congestion estimates as determined by
the metropolitan planning organization or other agency
authorized to make such estimates.
(2) Any transportation plan or program developed
pursuant to title 23, United States Code, or the Urban Mass
Transportation Act shall implement the transportation
provisions of any applicable implementation plan approved
under this Act applicable to all or part of the area covered
by such transportation plan or program. No Federal agency
may approve, accept or fund any transportation plan, program
or project unless such plan, program or project has been
found to conform to any applicable implementation plan in
effect under this Act. In particular-
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Section 176
(A) no transportation plan or transportation improvement
program may be adopted by a metropolitan planning
organization designated under title 23, United States Code,
or the Urban Mass Transportation Act, or be found to be in
conformity by a metropolitan planning organization until a
final determination has been made that emission expected from
implementation of such plans and programs are consistent with
estimates of emissions from motor vehicles and necessary
emissions reductions contained in the applicable
implementation plan, and that the plan or program will
conform to the requirements of paragraph (1)(B);
(B) no metropolitan planning organization or other
recipient of funds under title 23, Untied States Code, or the
Urban Mass Transportation Act shall adopt or approve a
transportation improvement program of projects until it
determines that such program provides for timely
implementation of transportation control measures consistent
with schedules included in the applicable implementation
plan;
(C) a transportation project may be adopted or approved
by a metropolitan planning organization or any recipient of
funds designated under title 23, United States Code, or the
Urban Mass Transportation Act, or found in conformity by a
metropolitan planning organization or approved, accepted, or
funded by the Department of Transportation only if it meets
either the requirements of subparagraph (D) or the following
requirements-
(i) such a project comes from a conforming plan and
program;
(ii) the design concept and scope of such project have
not changed significantly since the conformity finding
regarding the plan and program from which the project and
derived; and
(iii) the design concept and scope of such project at
the time of the conformity determination for the program was
adequate to determine emissions.
(D) Any project not referred to in subparagraph (C)
shall be treated as conforming to the applicable
implementation plan only if it is demonstrated that the
projected emissions from such project, when considered
together with emissions projected for the conforming
transportation plans and programs within the nonattainment
area, do not cause such plans and programs to exceed the
C-37
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Section 176
emission reduction projections and schedules assigned to such
plans and programs in the applicable implementation plan.
(3) Until such time as the implementation plan revision
referred to in paragraph(4) (C) is approved, conformity of
such plans, programs, and projects will be demonstrated if-
(A) the transportation plans and programs-
(i) are consistent with the most recent estimates of
mobile source emissions;
(ii) provide for the expeditious implementation of
transportation control measures in the applicable
implementation plan; and
(iii) with respect to ozone and carbon monoxide
nonattainment areas, contribute to annual emissions
reductions consistent with sections 182(b) (I) and 187 (a) (7);
and
(B) the transportation projects-
(i) come from a conforming transportation plan and
program as defined in subparagraph (A) or for 12 months after
the date of the enactment of the Clean Air Act Amendments of
1990, form a transportation program found to conform within 3
years prior to such date of enactment; and
(ii) in carbon monoxide nonattainment areas, eliminate
or reduce the severity and number of violations of the carbon
monoxide standards in the area substantially affected by the
project.
With regard to subparagraph (B) (ii) , such determination may
be made as part of either the conformity determination for
the transportation program or for the individual project
taken as a whole during the environmental review phase of
project development.
(4)(A) No later than one year after the date of
enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate criteria and procedures for
determining conformity (except in the case of transportation
plans, programs, and projects) of, and for keeping the
Administrator informed about, the activities referred to in
paragraph (1) . No later than one year after such date of
enactment, the Administrator, with the concurrence of the
Secretary of Transportation, shall promulgate criteria and
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Section 176
procedures for demonstrating and assuring conformity in the
case of transportation plans, programs, and projects. A suit
may be brought against the Administrator and the Secretary of
Transportation under section 304 to compel promulgation of
such criteria and procedures and the Federal district court
shall have jurisdiction to order such promulgation.
(B) The procedures and criteria shall, at a minimum-
(i) address the consultation procedures to be undertaken
by metropolitan planning organization and the Secretary of
Transportation with State and local air quality agencies and
State departments of transportation before such organizations
and the Secretary make conformity determinations;
(ii) address the appropriate frequency for making
conformity determinations, but in no case shall such
determinations for transportation plans and programs be less
frequent than every three years; and
(iii) address how conformity determinations will be made
with respect to maintenance plans.
(C) Such procedures shall also include a requirement
that each State shall submit to the Administrator and the
Secretary of Transportation within 24 months of such date of
enactment, a revision to its implementation plan that
includes criteria and procedures for assessing the conformity
of any plan, program, or project subject to the conformity
requirements of this subsection.
[Sec. 176 (c) revised by PL 101-549]
(d) Each department, agency, or instrumentality of the
Federal Government having authority to conduct or support any
program with air-quality related transportation consequences
shall give priority in the exercise of such authority,
consistent with statutory requirements for allocation among
States or other jurisdictions, to the implementation of those
portions of plans prepared under this section to achieve and
maintain the national primary ambient air quality standards.
This paragraph extends to, but is not limited to, authority
exercised under the Urban Mass Transportation Act, title 23
of the United States Code, and the Housing and Urban
Development Act.
C-39
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Section 176(a)
INTERSTATE TRANSPORT COMMISSIONS
Sec. 176.(a) Authority to Establish Interstate Transport
Regions.-Whenever, on the Administrator's own motion or by
petition from the Governor of any State, the Administrator
has reason to believe that the interstate transport of air
pollutants from one or more States contributed significantly
to a violation of a national ambient air quality standard in
one or more other States, the Administrator may establish, by
rule, a transport region for such pollutant that includes
such States. The Administrator, on the Administrator's own
motion or upon petition from the Governor of any State,, or
upon the recommendation of a transport commission established
under subsection (b), may-
(1) add any State or portion of a State to any region
established under this subsection whenever the; Administrator
has reason to believe that the interstate transport of air
pollutants from such State significantly contributes to a
violation of the standard in the transport region, or
(2) remove any State or portion of a State from the
region whenever the Administrator has reason to believe that
the control of emissions in that State or portion of the
State pursuant to this section will not significantly
contribute to the attainment of the standard in any area in
the region.
The Administrator shall approve or disapprove any such
petition or recommendation within 18 months of its receipt.
The Administrator shall establish appropriate proceedings for
public participation regarding such petitions and motions,
including notice and comment.
(b) Transport Commissions.-
(1) Es t abl ishment .-Wheneve r the Administ rsitor
establishes a transport region under subsection (a) , the
Administrator shall establish a transport commission
comprised of (at a minimum) each of the following members:
(A) The Governor of each State in the region or the
designee of each such Governor.
(B) The Administrator or the Administrator's designee.
(C) The Regional Administrator (or the Administrator's
designee) for each Regional Office for each Environmental
Protection Agency Region affected by the transport region
concerned.
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Section 176(a)
(D) An air pollution control official representing each
State in the region, appointed by the Governor.
Decisions of , and recommendations and requests to, the
Administrator by each transport commission may be made only
by a majority vote of all members other than the
Administrator and the Regional Administrators (or designees
thereof).
(2) Recommendations.-The transport commission shall
assess the degree of interstate transport of the pollutant or
precursors to the pollutant throughout the transport region,
assess strategies for mitigating the interstate pollution,
and recommend to the Administrator such measures as the
Commission determines to be necessary to ensure that the
plans for the relevant States meet the requirements of
section 110 (a) (2) (D) . Such commission shall not be subject
to the provisions of the Federal Advisory Committee Act (5
U.S.C.App.).
(c) Commission Requests.-A transport commission
established under subsection (b) may request the
Administrator to issue a finding under section 110 (k) (5) that
the implementation plan for one or more of the States in the
transport region is substantially inadequate to meet the
requirements of section 110 (a) (2) (D) . The Administrator
shall approve, disapprove, or partially approve and partially
disapprove such a request within 18 months of its receipt
and, to the extent the Administrator approves such request,
issue the finding under section 110(k)(5) at the time of such
approval. In acting on such request, the Administrator shall
provide an opportunity for public participation and shall
address each specific recommendation made by the commission.
Approval or disapproval of such a request shall constitute
final agency action within the meaning of section 307 (b) .
[Sec. 176A. added by PL 101-549]
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Section 177
NEW MOTOR VEHICLE EMISSION STANDARDS IN NONATTAINMENT
AREAS
Sec. 111. Notwithstanding section 209 (a), any State
which has plan provisions approved under this part may adopt
and enforce for any model year stamdards relating to control
of emissions from new motor vehicles or new motor vehicle
engines and take such other actions as are referred to in
section 209(a) respecting such vehicles if-
(1) such standards are identical to the California
standards for which a waiver has been granted for such model
year, and
(2) California and such State adopt such standards at
least two years before commencement of such model year (as
determined by regulations of the Administrator).
Nothing in this section or in title II of this Act shall
be construed as authorizing any such State to prohibit or
limit, directly or indirectly, the manufacture or sale of a
new motor vehicle or motor vehicle or motor vehicle engine
that is certified in California as meeting California
standards, or to take any action of any kind to create, or
have the effect of creating, a motor vehicle or motor vehicle
engine different than a motor vehicle or engine certified in
California under California standards (a 'third vehicle1) or
otherwise create such a 'third vehicle'.
[Sec. 177 amended by PL 101-549]
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Section 178
GUIDANCE DOCUMENTS
Sec. 178. The Administrator shall issue guidance
documents under section 108 for purposes of assisting States
in implementing requirements of this part respecting the
lowest achievable emission rate. Such a document shall be
published not later than nine months after the date of
enactment of this part and shall be revised at least every
two years thereafter.
[Editor's note: Section 129 (c) of PL 95-95 provides:
(c) Notwithstanding the requirements of section
406(d)(2) (relating to date required for submission of
certain implementation plan revisions), for purposes of
section 110(a)(2) of the Clean Air Act each State in which
there is any nonattainment area (as defined in part D of
title I of the Clean Air Act) shall adopt and submit an
implementation plan revision which meets the requirements of
section 110 (a) (2) (I) and part D of title I of the Clean Air
Act not later than January 1, 1979. In the case of any State
for which a plan revision adopted and submitted before such
date has made the demonstration required under section
172 (a) (2) of the Clean Air Act (respecting impossibility of
attainment before 1983), such State shall adopt and submit to
the Administrator a plan revision before July 1, 1982, which
meets the requirements of section 172 (b) and (c) of such
Act . )
[PL 95-190, November 16, 1977]
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Section 179
SANCTIONS AND CONSEQUENCES OF FAILURE TO ATTAIN
Sec. 179(a) State Failure.-For any implementation plan
or plan revision required under this part (or required in
response to a finding of substantial! inadequacy as described
in section 110 (k) (5)), if the Administrator-
(1) finds that a State has failed, for an area
designated nonattainment under section 107(d), to submit a
plan, or to subir.it 1 or more of the elements has determined
by the Administrator) required by the provisions of this Act
applicable to such an area, or has failed to make a
submission for such an area that satisfies the minimum
criteria established in relation to any such element under
section 110 (k) .
(2) disapproves a submission under section 110 (k), for
an area designated nonattainment under section 107, based on
the submission's failure to meet one or more of the elements
required by the provisions of this Act applicable to such an
area,
(3) (A) determines that a State has failed to make any
submission as may be required under this Act, other than one
described under paragraph (1) or (2), including an adequeite
maintenance plan, or has failed to make any submission, as
may be required under this Act, other than one described
under paragraph (1) or (2), that satisfies the minimum
criteria established in relation to such submission under
section 110 (k) (1) (A), or
(B) disapproves in whole or in part a submission
described under subparagraph (A), or
(4) finds that any requirement of an approved plan (or
approved part of a plan) is not being implemented, unless
such deficiency has been corrected within 18 months after the
finding, disapproval, or determination referred to in
paragraphs (1), (2), (3), and (4), one of the sanctions
referred to in subsection (b) shall apply, as selected by the
Administrator, until the Administrator determines that the
State has come into compliance, except that if the
Administrator finds a lack of good faith, sanctions under
both paragraph (1) and paragraph (2) of subsection (b) shall
apply until the Administrator determines that the State has
come into compliance. If the Administrator has selected one
of such sanctions and the deficiency has not been corrected
within 6 months thereafter, sanctions under both paragraph
(1) and paragraph (2) of subsection (b) shall apply until the
C-44
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Section 179
Administrator determines that the State has come into
compliance. In addition to any other sanction applicable as
provided in this section, the Administrator may withhold all
or part of the grants for support of air pollution planning
and control programs that the Administrator may award under
section 105.
(b)Sanctions.-The sanctions available to the
Administrator as provided in subsection (a) are as follows:
(1) Highway sanctions.-(A) The Administrator may impose
a prohibition, applicable to nonattainment area, on the
approval by the Secretary of Transportation of any projects
or the awarding by the Secretary of any grants, under title
23, United States Code, other than projects or grants for
safety where the Secretary determines, based on accident or
other appropriate data submitted by the State, that the
principal purpose of the project is an improvement in safety
to resolve a demonstrated safety problem and likely will
result in a significant reduction in, or avoidance of,
accidents. Such prohibition shall become effective upon the
selection by the Administrator of this sanction.
(B) In addition to safety, projects or grants that may
be approved by the Secretary, notwithstanding the prohibition
in subparagraph (A), are the following-
(i) capital programs for public transit;
(ii) construction or restriction of certain roads or
lanes solely for the use of passenger buses or high occupancy
vehicles;
(iii) planning for requirements for employers to reduce
employee work-trip-related vehicle emissions;
(iv) highway ramp metering, traffic signalization, and
related programs that improve traffic flow and achieve a net
emission reduction;
(v) fringe and transportation corridor parking
facilities serving multiple occupancy vehicle programs or
transit operations;
(vi) programs to limit or restrict vehicle use in
downtown areas or other areas of emission concentration
particularly during periods of peak use, through road use
charges, tolls, parking surcharges, or other pricing
mechanisms, vehicle restricted zones or periods, or vehicle
registration programs;
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Section 179
(vii) programs for breakdown and accident scene
management, nonrecurring congestion,, and vehicle information
systems, to reduce congestion and emissions; and
(viii) such other transportation-related programs as the
Administrator, in consultation with the Secretary of
Transportation, finds would improve air quality and would not
encourage single occupancy vehicle capacity.
In considering such measures, the State should seek to
ensure adequate access to downtown, other commercial, and
residential areas, and avoid increasing or relocating
emissions and congestion rather than reducing them.
(2) Offsets.-In applying the emissions offset
requirements of section 173 to new or modified sources or
emissions units for which a permit is required under part D,
the ratio of emission reductions to increased emissions shall
be at least 2 to 1 .
(c) Notice of Failure to Attain.-(1) As expeditiously as
practicable after the applicable attainment date for any
nonattainment area, but not later than 6 months after such
date, the Administrator shall determine, based on the area's
air quality as of the attainment date, whether the area
attained the standard by that date.
(2) Upon making the determination under paragraph (1),
the Administrator shall publish a notice in the E'ederal
Register containing such determination and identifying each
area that the Administrator has determined to have failed to
attain. The Administrator may revise or supplement such
determination at any time based on more complete information
or analysis concerning the area's air quality as of the
attainment date.
(d) Consequences for Failure to Attain.-(1) Within 1
year after the Administrator publishes the notice under
subsection (c) (2) (relation to notice of failure to attain),
each State containing a nonattainment area shall submit a
revision to the applicable implementation plan meeting the
requirements of paragraph (2) of this subsection.
(2) The revision required under paragraph (1) shall meet
the requirements of section 110 and section 172. In
addition, the revision shall include such additional measures
as the Administrator may reasonably prescribe, including all
measures that can be feasibly implemented in the area in
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light of technological achievability, costs, and any nonair
quality and other air qualtity-related health and
environmental impacts.
(3) The attainment date applicable to the revision
required under paragraph (I) shall be the same as provided in
the provisions of section 172(a) (2), except that in applying
such provisions the phrase from the date of the notice under
section 179 (c) (2) 'shall be substituted for the phrase from
the date such area was designated nonattainment under section
107 (d) ' and for the phrase from the date of designation as
nonattainment'.
[Sec. 179 added by PL 101-549]
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Section 181
CLASSIFICATION AND ATTAINMENT DATES
Sec. 181. (a) Classification and Attainment Dates for
1989 Nonattainment Areas.-(1) Each area designated
nonattainment for ozone pursuant to section 107(d) shall be
classified at the time of such designation under table 1, by
operation of law, as a Marginal Area, a Moderate Area, a
Serious Area, a Severe Area, or an Extreme Area based on the
design value for the area. The design value shall be
calculated according to the interpretation methodology issued
by the Administrator most recently before the date of the
enactment of the Clean Air Act Amendment of 1990. For each
area classified under this subsection, the primary standard
attainment date for ozone shall be as expeditiously as
practicable but not later than the date provided in table 1.
TABLE 1
Area class
Design value*
Primary standard
attainment date**
Marginal 0.121 up to 0.138 3 years after enactment
Moderate 0.138 up to 0.160 6 years after enactment
Serious 0.160 up to 0.180 9 years after enactment
Severe 0 .180 up to 0 . 280 15 years after enactment
Extreme 0.280 and above 20 years after enactment
* design value is measured in parts per million (ppm).
** The primary standard attainment date is measured form the date of the enactment of
the Clean Air Amendments of 1990.
area
ppm,
years)
(2) Notwithstanding table 1, in the case of a severe
with a 1988 ozone design value between 0.190 and 0.280
the attainment date shall be 17 years (in 1 ^ "=*"
after the date of the
lieu of 15
Amendments of 1990.
enactment of the Cle;an Air
(3) At the time of publication of the notice under
section 107(d)(4) (relating to area designations) for each
ozone nonattainment area, the Administrator shall publish a
notice announcing the classification of such ozone
nonattainment area, the Administrator shall publish a notice
announcing the classification of such ozone nonattainment
area. The Provisions of section 172(a) (1) (B) (relating to
lack of notice and comment and judicial review) shall apply
to such classification.
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(4) If an area classified under paragraph (1) (Table 1)
would have been classified in another category if the design
value in the area were 5 percent greater or 5 percent less
than the level on which such classification was based, the
Administrator may, in the Administrator's discretion, within
90 days after the initial classification, by the procedure
required under paragraph (3), adjust the classification to
place the area in such other category. In making such
adjustment, the Administrator may consider the number of
exceedances of the national primary ambient air quality
standard for ozone in the area, the level of pollution
transport between the area and other affected areas,
including both intrastate and interstate transport,and the
mix of sources and air pollutants in the area.
(5) Upon application by any State, the Administrator may
extend for 1 additional year (hereinafter referred to as the
"Extension Year") the date specified in table 1 of paragraph
(1) of this subsection if-
(A) the State has complied with all requirements and
commitments pertaining to the area in the applicable
implementation plan, and
(B) no more than 1 exceedance of the national ambient
air quality standard level for ozone has occurred in the area
in the year preceding the Extension Year.
No more than 2 one-year extensions may be issued under
this paragraph for a single nonattainment area.
(b) New Designations and Reclassifications.-(1) New
designations to nonattainment.-Any area that is designated
attainment or unclassifiable for ozone under section
107(d)(4), and that is subsequently redesignated to
nonattainment for ozone under section 107(d)(3), shall, at
time of the redesignation, be classified by operation of law
in accordance with table 1 under subsection (a) . Upon its
classification, the area shall be subject to the same
requirements under section 110, subpart 1 of this part, and
this subpart that would have applied had the area been so
classified at the time of the notice under subsection (a)(3),
except that any absolute, fixed date applicable in connection
with any such requirement is extended by operation of law by
a period equal to the length of time between the date of the
enactment of the Clean Air Act Amendments of 1990 and the
date the area is classified under this paragraph.
(2) Reclassification upon failure to attain.-(A) Within
6 months following the applicable attainment date (including
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any extension thereof) for an ozone nonattainment area, the
Administrator shall determine, based on the area's design
value (as of the attainment date), whether the area attained
the standard by that date. Except for any Severe or Extreme
area, any area that the Administrator finds has not attained
the standard by that date shall be reclassified by operation
of law in accordance with table 1 of subsection (a) to the
higher of-
(i) the next higher classification for the area, or
(ii) the classification applicable to the area's design
value as determined at the time of the notice required under
subparagraph (B) .
No area shall be reclassified as Extreme under clause
(ii) •
(B) The Administrator shall publish a notice in the
Federal Register, no later than 6 months following the
attainment date, identifying each area that the Administrator
has determined under subparagraph (A) as having failed to
attain and identifying the reclassification, if any,
described under subparagraph (A).
(3) Voluntary reclassification.-The Administrator shall
grant the request of any State to reclassify a nonattainment
area in that State in accordance with table 1 of subsection
(a) to a higher classification. The Administrator shall
publish a notice in the Federal Register of any such request
and of action by the Administrator granting the request.
(4) Failure of severe areas to attain standard.-(A) If
any Severe Area fails to achieve the national primary ambient
air quality standard for ozone by the applicable attainment
date (including any extension thereof), the fee provisions
under section 185 shall apply within the area, the percent
reduction requirements of section 182 (c) (2) (B) and (C)
(relating to reasonable further progress demonstration and
NOx control) shall continue to apply to the area, and the
State shall demonstrate that such percent reduction has been
achieved in each 3-year interval after such failure until the
standard is attained. Any failure to make such a
demonstration shall be subjected to the sanctions provided
under this part.
(B) In addition to the requirements of subparagraph (A) ,.
if the ozone design value for a Severe Area referred to in
subparagraph (A) is above 0.140 ppm for the year of the
applicable attainment date, or if the area has failed to
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Section 181
achieve its most recent milestone under section 182(g), the
new source review requirements applicable under this subpart
in Extreme Areas shall apply in the area and the term 'major
source' and 'major stationary source' shall have the same
meaning as in Extreme Areas.
(C) In addition to the requirements of subparagraph (A)
for those areas referred to in subparagraph (A) for those
areas referred to in subparagraph (A) and not covered by
subparagraph (B), the provisions referred to in subparagraph
(B) shall apply after 3 years from the applicable attainment
date unless the area has attained the standard by the end of
such 3-year period.
(D) If, after the date of the enactment, of the Clean Air
Act Amendments of 1990, the Administrator modifies the method
of determining compliance with the national primary ambient
air quality standard, a design value or other indicator
comparable to 0.140 in terms of its relationship to the
standard shall be used in lieu of 0.140 for purposes of
applying the provisions of subparagraphs (B) and (C).
(c) References to terms.-(1) Any reference in this
subpart to a 'Marginal Area', a 'Serious Area', a 'Severe
Area', or an 'Extreme Area' shall be considered a reference
to a Marginal Area, a Moderate Area, a Serious Area, a Severe
Area, or an Extreme Area as respectively classified under
this section.
(2) Any reference in this subpart to 'next higher
classification' or comparable terms shall be considered a
reference to the classification related to the next higher
set of design values in table 1.
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Section 182
PLAN SUBMISSIONS AND REQUIREMENTS
Sec. 182. (a) Marginal Areas.-Each State in which all or
part of a Marginal Area is located shall, with respect to the
Marginal Area (or portion thereof, to the extent specified in
this subsection) , submit to the Administrator the State
implementation plan revisions (including the plan items)
described under this subsection except to the extent the
State has made such submissions as of the date of the
enactment of the Clean Air Act Amendments of 1990.
(1)Inventory.-Within 2 years after the date of the
enactment of the; Clean Air Act amendments of 1990, the State
shall submit a comprehensive, accurate, current inventory of
actual emissions from all sources, as described in section
172(c) (3), in accordance with guidance provided by the
Administrator.
(2) Corrections to the State Implementation Plan.-Within
the periods prescribed in this paragraph, the State shall
submit a revision to the State implementation plan that meets
the following requirements-
(A) Reasonably Available Control Technology
Corrections.-For any Marginal Area (or, within the
Administrator's discretion, portion thereof) the State shall
submit, within 6 months of the date of classification under
section 181(a), a revision that includes such provisions to
correct requirements in (or add requirements to) the plan
concerning reasonably available control technology as were
required under section 172 (b) (as in effect immediately
before the date of the enactment of the Clean Air Act
Amendments of 1990), as interpreted in guidance issued by the
Administrator under section 108 before the date of the
enactment of the Clean Air Amendments of 1990.
(B) Savings Clause for Vehicle Inspection and
Maintenance.-(i) For any marginal Area (or, within the
Administrator's discretion, portion thereof), the plan for
which already includes, or was required by section
172(b)(11)(B) (as in effect immediately before the enactment
of the Clean Air Act Amendments of 1990) to have included, a
specific schedule for implementation of a vehicle emission
control inspection and maintenance program, the State shall
submit, immediately after the date of the enactment of the
Clean Air Act Amendments 1990, a revision that includes any
provisions necessary to provide for a vehicle inspection and
maintenance program of no less stringency than that of either
the program defined in House Report Numbered 95-294, 95th
Congress, 1st Session, 281-291 (1977) as interpreted in
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Section 182
guidance of.the Administrator issued pursuant to section
172 (b) (11) (B) (as in effect immediately before the date of
the enactment of the Clean Air Act Amendments of 1990) or the
program already included in the plan whichever is more
stringent.
(ii) Within 12 months after the date of the enactment of
the Clean Air Act Amendments of 1990, the Administrator shall
review, revise, update, and republish in the Federal Register
the guidance for the States for motor vehicle inspection and
maintenance programs required by this Act, taking into
consideration the Administrator's investigations and audits
of such program. The guidance shall, at a minimum, 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 whether.centralized or decentralized,
inspection methods and procedures, quality of inspection,
components covered, assurance 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 registration in the case of
tampering or misfueling. The guidance which shall be
incorporated in the applicable State implementation plans by
the States shall provide the States with continued reasonable
flexibility to fashion effective, reasonable, and fair
programs for the affected consumer. No later than 2 years
after the Administrator.promulgates regulations under section
202(m) (3) (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.
(C) Permit Programs.-Within 2 years after the date of
the enactment of the Clean Air Act Amendments of 1990, the
State shall submit a revision that includes each of the
following:
(i) Provisions to require permits, in accordance with
sections 172 (c) (5) and 173, for the construction and
operation of each new or modified major stationary source
(with respect to ozone) to be located in the area.
(ii) Provisions to correct requirements in (or add
requirements to) the plan concerning permit programs as were
required under section 172(b)(6) (as in effect immediately
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Section 182
before the date of the enactment of the Clean Air Act
Amendments of 1990), as interpreted in regulations of the
Administrator promulgated as of the enactment of the Clean
Air Act Amendments of 1990.
(3) Periodic Inventory.-(A) General Requirement.- No
later than the end of each 3-year period after submission of
the inventory under paragraph (1) until the area is
redesigned to attainment, the State shall submit a revised
inventory meeting the requirements of subsection(a) (1) .
(B) Emissions Statements.-(i) Within 2 years after the
date of the enactment of the Clean Air Act Amendments of
1990, the State shall submit a revision to the State
implementation plan to require that the owner or operator of
each stationary source of oxides of nitrogen or
volatile organic compounds provide the State with a
statement, in such form as the Administrator may prescribe
(or accept an equivalent alternative developed by the State),
for classes or categories of sources, showing the actual
emissions of oxides of nitrogen and volatile organic
compounds from that source. The first such statement shall
be submitted within 3 years after the date of the enactment
of the Clean Air Act Amendments of 1990. Subsequent
statements shall be submitted at least every year thereafter.
The statement shall contain a certification that the
information contained in the statement is accurate to the
best knowledge of the individual certifying the statement
(ii) The State may waive the application of clause (i)
to any class or category of stationary sources which emit
less than 25 tons per year of volatile organic compounds or
oxides of nitrogen if the State, in its submissions under
subparagraphs (1) or (3) (A), provides an inventory of
emissions from such class or category of sources, based on
the use of the emission factors established by the
Administrator or other methods acceptable to the
Administrator.
(4) General Offset Requirement.-For purposes of
satisfying the emission offset requirements of this part, the
ratio of total, emission reductions of volatile organic
compounds to total increased emissions of such air pollutant
shall be at least 1.1 to 1. The Administrator may, in the
Administrator's discretion, require States to submit a
schedule for submitting any of the revisions or other items
required under this subsection. The requirements of this
subsection shall apply in lieu of any requirement that the
State submit a demonstration that the applicable
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implementation plan provides for attainment of the ozone
standard by the applicable attainment date in any Marginal
Area. Section 172(c) (9) (relating to contingency measures)
shall not apply to Marginal Areas.
(b) Moderate Areas.- Each State in which all or part of
a Moderate Areas is located shall, with respect to the
Moderate Area, make the submission described under
subsection(a) (relating to Marginal Areas), and shall also
submit the revisions to the applicable implementation plan
described under this subsection.
(1) Plan Provisions for Reasonable Further Progress.-(A)
General Rule.-(i) By no later than 3 years after the date of
the enactment of the Clean Air Act Amendments of 1990, The
State shall submit a revision to the applicable
implementation plan to provide for volatile organic compound
emission reductions, within 6 years after the date of the
enactment of the Clean Air Act Amendments of 1990, of at
least 15 percent from baseline emissions, accounting for any
growth in emissions after the year in which the Clean Air Act
Amendments of 1990 are enacted. Such plan shall provide for
such specific annual reductions in emissions of volatile
organic compounds and oxides of nitrogen as necessary to
attain the national primary ambient air quality standard for
ozone by the attainment date applicable under this Act. This
subparagraph shall not apply in the case of oxides of
nitrogen for those areas for which the Administrator
determines (when the Administrator approves the plan or plan
revision) that additional reductions of oxides of nitrogen
would not contribute to attainment.
(ii) A percentage less than 15 percent may be used for
purposes of clause (i) in the case of any State which
demonstrates to the satisfaction of the Administrator that-
(I) new source review provisions are applicable in the
nonattainment areas in the same manner and to the same extent
as required under subsection (e) in the case of Extreme Areas
(with the exception that, in applying such provisions, the
terms 'major source1 and 'major stationary source1 shall
include (in addition to the sources described in section 302)
any stationary source or group of source is located within a
contiguous area and under common control that emits or has
the potential to emit, at least 5 tons per year of volatile
organic compounds);
(II) reasonably available control technology is required
for all existing major sources (as defined in subclause (I));
and
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Section 182
(III) the plan reflecting a lesser percentage than 15
percent includes all measures that can feasibly be
implemented ir the area, in light of technological
achievability.
To qualify for a lesser percentage under this clause, a
State must demonstrate to the satisfaction of the
Administrator that the plan for the area includes the
measures that are achieved in practice by sources in the same
source category in nonattainment areas of the next higher
category.
(B) Baseline Emissions.-For purposes of subparagraph
(A), the term 'baseline emissions' means the total amount of
actual VOC or NOx emissions from all anthropogenic sources in
the area during the calendar year of the enactment of the
Clean Air Act Amendments of 1990, excluding emissions that
would be eliminated under the regulations described in
clauses (i) and (ii) of subparagraph (D).
(C) General Rule for Creditability of Reductions.-Except
as provided under subparagraph (D), emissions reductions are
creditable toward the 15 percent required under subparagraph
(A) to the extent they have actually occurred, as of 6 years
after the date of the enactment of the Clean Air Act
Amendments of 1990, from the implementation of measures
required under the applicable implementation plan, rules
promulgated by the Administrator, or a permit under title V.
(D) Limits on Creditability of Reductions.-Emission
reductions from the following measures are not creditable
toward the 15 percent reductions required under subparagraph
(A) :
(i) Any measures relating to motor vehicle exhaust or
evaporative emissions promulgated by the Administrator by
January 1, 1990.
(ii) Regulations concerning Reid Vapor Pressure
promulgated by the Administrator by the date of the enactment
of the Clean Air Act Amendments of 1990 or required to be
promulgated under section 211(h).
(iii) Measures required under subsection (a) (2) (A)
(concerning corrections to implementation plans prescribed
under guidance by the Administrator).
(iv) Measures required under subsection (a) (2) (B) to be
submitted immediately after the date of the enactment of the
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Clean Air Act Amendments of 1990 (concerning corrections to
motor vehicle inspection and maintenance programs).
(2) Reasonably Available Control Technology.- The State
shall submit a revision to the applicable implementation plan
to include provisions to require the implementation of
reasonably available control technology under section
172 (c) (1) with respect to each of the following:
(A) Each category of VOC sources in the area covered by
a CTG document issued by the Administrator between the date
of the enactment of the Clean Air Act Amendments of 1990 and
the date of attainment.
(B) All VOC sources in the area covered by any CTG
issued before the date of the enactment of the Clean Air Act
Amendments of 1990.
(C) All other major stationary sources of VOCs that are
located in the area. Each revision described in subparagraph
(A) shall be submitted within the period set forth by the
Administrator in issuing the relevant CTG document. The
revisions with respect to sources described in subparagraphs
(B) and (C) shall be submitted by 2 years after the date of
the enactment of the Clean Air Act Amendments of 1990, and
shall provide for the implementation of the required measures
as expedit iously as practicable but no later than May 31,
1995.
(3) Gasoline Vapor Recovery.-(A) General Rule.-Not later
than 2 years after the date of the enactment of the Clean Air
Act Amendments of 1990, the State shall submit a revision to
the applicable implementation plan to require all owners or
operators of gasoline dispensing systems to install and
operate, by the date prescribed under subparagraph (B) , a
system for gasoline vapor recovery of emissions from the
fueling of motor vehicles. The Administrator shall issue
guidance as appropriate as to the effectiveness of such
system. This subparagraph shall apply only to facilities
which sell more than 10,000 gallons of gasoline per month
(50,000 gallons per month in the case of an independent small
business marketer of gasoline as defined in section 325).
(B) Effective Date.-The date required under subparagraph
(A) shall be-
(i) 6 months after the adoption date, in the case of
gasoline dispensing facilities for which construction
commenced after the date of the enactment of the Clean Air
Act Amendments of 1990.
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Section 182
(ii) one year after the adoption date, in the case of
gasoline dispensing facilities which dispense at least
100,000 gallons of gasoline per month, based on average
monthly sales for the 2-year period before the adoption date;
or
(iii) 2 years after the adoption date, in the case of
all other gasoline dispensing facilities.
Any gasoline dispensing facility described under both
clause (i) and clause (ii) shall meet the requirements of
clause (i) .
(C) Reference to Terms.-For purposes of this paragraph,
any reference to the term 'adoption date' shall be considered
a reference to the date of adoption by the State of
requirements for the installation and operation of a system
for gasoline vapor recovery of emissions from the fueling of
motor vehicles.
(4) Motor Vehicle Inspection and Maintenance.- For all
Moderate areas, the State shall submit, immediately after the
date of the enactment of the Clean Air Act Amendments of
1990, a revision to the applicable implementation plan that.
includes provisions necessary to provide for a vehicle
inspection and maintenance program as described in subsection
(a) (2) (B) (without regard to whether or not the area was
required by section 172(b)(11)(B) (as in effect immediately
before the date of the enactment of the Clean Air Act
Amendments of 1990) to have included a specific schedule for
implementation of such a program).
(5) General Offset Requirement.-For purposes of
satisfying the emission offset requirements of this part, the;
ratio of total emission reductions of volatile organic
compounds to total increase emissions of such air pollutant
shall be at least 1.15 to 1.
(c) Serious Areas.-Except as otherwise specified in
paragraph (4), each State in which all or part of a Serious
Area is located shall, with respect to the Serious Area (or
portion thereof, to the extent specified in this subsection),
make the submissions described under subsection (b) (relating
to Moderate Areas), and shall also submit the revisions to
the applicable implementation plan (including the plan items)
described under this subsection. For any Serious Area, the
terms 'major source1 and 'major stationary source' include;
(in addition to the source described in section 302) any
stationary source or group or sources located within a
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contiguous area and under common control that emits or has
the potential to emit, at least 50 tons per year of volatile
organic compounds.
(1) Enhanced Monitoring.- In order to obtain more
comprehensive and representative data on ozone air pollution
not later than 18 months after the date of the enactment of
the Clean Air Act Amendments of 1990 the Administrator shall
promulgate rule, after notice and public comment, for
enhanced monitoring of ozone, oxides of nitrogen, and
volatile organic compounds. The rules shall, among other
things, cover the location and maintenance of monitors.
Immediately following the promulgation of rules by the
Administrator relating to enhanced monitoring, the State
shall commence such actions as may be necessary to adopt and
implement a program based on such rules, to improve
monitoring for ambient concentrations of ozone, oxides of
nitrogen and volatile organic compounds and to improve
monitoring of emissions of oxides of nitrogen and volatile
organic compounds. Each State implementation plan for the
area shall contain measures to improve the ambient monitoring
of such air pollutants.
(2) Attainment and Reasonable Further Progress
Demonstrations.- Within 4 years after the date of the
enactment of the Clean Air Act Amendments of 1990, the State
shall submit a revision to the applicable implementation plan
that includes each of the following:
(A) Attainment Demonstration.-A demonstration that the
plan, as revised, will provide for attainment of the ozone
national ambient air quality standard by the applicable
attainment date. This attainment demonstration must be based
on photochemical grid modeling or any other analytical method
determined by the Administrator, in the Administrator's
discretion, to be at least as effective.
(B) Reasonable Further Progress Demonstration.-A
demonstration that the plan, as revised, will result in VOC
emissions reductions from the baseline emissions described in
subsection (b) (1) (B) equal to the following amount averaged
over each consecutive 3-year period beginning 6 years after
the date of the enactment of the Clean Air Act Amendments of
1990, until the attainment date:
(i) at least 3 percent of baseline emissions each year;
or
(ii) an amount less than 3 percent of such baseline
emissions each year, if the State demonstrates to the
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satisfaction of the Administrator that the plan reflecting
such lesser amount includes all measures that can feasibly be
implemented in the area, in light of technological
achievability.
To lessen the 3 percent requirement under clause (ii), a
State must demonstrate to the satisfaction of the
Administrator that the plan for the area includes the
measures that are achieved in practice by source's in the same
source category in nonattainment areas of the next higher
classification. Any determination to lessen the 3 percent
requirement shall be reviewed at each milestone under section
182 (g) and revised to reflect such new measures (if any)
achieved in practice by sources in the same category in any
State, allowing a reasonable time to implement such measures,.
The emission reductions described in this subparagraph shall
be calculated in accordance with subsection (b) (1) (C) and (D)
(concerning creditability of reductions) . The reductions
creditable for the period beginning 6 years after the date of
the enactment of the Clean Air Act Amendments of 1990, shall
include reductions that occurred before such period, computed
in accordance with subsection (b) (1), that exceed the 15-
percent amount of reductions required under subsection
(b) (1) (A) .
(C) NOx Control. The revision may contain, in lieu of
the demonstration required under subparagraph (B), a
demonstration to the satisfaction of the Administrator that
the applicable implementation plan, as revised, provides for
reductions of emissions of VOC's and oxides of nitrogen
(calculated according to the creditability provisions of
subsection (b) (1) (C) and (D) ) , that would result in a
reduction in ozone concentrations at least equivalent to that
which would result from the amount of VOC emission reductions
required under subparagraph (B) . Within 1 year after the
date of the enactment of the Clean Air Act Amendments of
1990, the Administrator shall issue guidance concerning the
conditions under which NOx control may be substituted for VOC
control or may be combined with VOC control in order to
maximize the reduction in ozone air pollution. In accord with
such guidance, a lesser percentage of VOCs may be accepted as
an adequate demonstration for purposes of this subsection.
(3) Enhanced Vehicle Inspection and Maintenance
Program.- (A) Requirement For Submission-Within 2 years after
the date of the enactment of the Clean Air Act Amendments of
1990, the State shall submit a revision to the applicable
implementation plan to provide for an enhanced program to
reduce hydrocarbon emissions and NOx emissions from inuse
motor vehicles registered in each urbanized area (in the
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nonattainment area), as defined by the Bureau of the Census,
with a 1980 population of 200,000 or more.
(B) Effective Date of State Program; Guidance.- The
State program required under subparagraph (A) shall take
effect no later than 2 years from the date of the enactment
of the Clean Air Act Amendments of 1990, and shall comply in
all respects with guidance published in the Federal Register
(and from time to time revised) by the Administrator for
enhanced vehicle inspection and maintenance programs. Such
guidance shall include-
(i) a performance standard achievable by a program
combining emission testing, including on-road emission
testing, with inspection to detect tampering with emission
control devices and misfueling for all light-duty vehicles
and all light-duty trucks subject to standards under section
202; and
(ii) program administration features necessary to
reasonably assure that adequate management resources, tools,
and practices are in place to attain and maintain the
performance standard.
Compliance with the performance standard under clause
(i) shall be determined using a method to be established by
the Administrator.
(C) State Program.- The State program required under
subparagraph (A) shall include, at a minimum, each of the
following elements-
(i) Computerized emission analyzers, including on-road
testing devices.
(ii) No waivers for vehicles and parts covered by the
emission control performance warranty as provided for in
section 207(b) unless a warranty remedy has been denied in
writing, or for tampering-related repairs.
(iii) In view of the air quality purpose of the program,
if, for any vehicle, waivers are permitted for emissions-
related repairs not covered by warranty, an expenditure to
qualify for the waiver of an amount of $450 or more for such
repairs (adjusted annually as determined by the Administrator
on the basis of the Consumer Price Index in the same manner
as provided in title V).
(iv) Enforcement through denial of vehicle registration
(except for any program in operation before the date of the
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enactment to the Clean Air Act Amendments of 1990 whose
enforcement mechanism is demonstrated to the Administrator to
be more effective than the applicable vehicle registration
program in assuring that noncomplying vehicles are not
operated on public roads).
(v) Annual emission testing and necessary adjustment,
repair, and maintenance, unless the State demonstrates to the
satisfaction of the Administrator that a biennial inspection,
combination with other features of the program which exceed
the requirements of this Act, will result in emission
reductions which equal or exceed the reductions which can be
obtained through such annual inspections.
(vi) Operation of the program on a centralized basis,
unless the State demonstrates to the satisfaction of the
Administrator that a decentralized program will be equally
effective. An electronically connected testing system, a
licensing system, or other measures (or any combination
thereof) may be considered in accordance with criteria
established by the Administrator, as equally effective for
such purposes.
(vii) Inspection of emission control diagnostic systems
and the maintenance or repair of malfunctions or system
deterioration identified by or affecting such diagnostics
systems.
Each State shall biennially prepare a report to the
Administrator which assesses the emission reductions achieved
by the program required under this paragraph based on data
collected during inspection and repair of vehicles. The
methods used to assess the emission reductions shall be those
established by the Administrator.
(4) Clean-Fuel Vehicle Programs.- (A) Except to the
extent that substitute provisions have been approved by the
Administrator under subparagraph (B), the State shall submit
to the Administrator, within 42 months of the date of the
enactment of the Clean Air Act Amendments of 1990, a revision
to the applicable implementation plan for each area described
under part C of title II to include such measures as may be
necessary to ensure the effectiveness of the applicable
provisions of the clean-fuel vehicle program prescribed under
part C of title II, including all measures necessary to make
the use of clean alternative fuels in clean-fuel vehicles (as
defined in part C of title II) economic from the standpoint
of vehicle owners. Such a revision shall also be
submitted for each area that opts into the clean fuel-vehicle
program as provided in part C of title II.
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(B) The Administrator shall approve, as a substitute for
all or a portion of the clean-fuel vehicle program prescribed
under part C of title II, any revision to the relevant
applicable implementation plan that in the Administrator's
judgement will achieve long-term reductions in ozone-
producing and toxic air emissions equal to those achieved
under part C of title II, or the percentage thereof
attributable to the portion of the clean-fuel vehicle program
for which the revision is to substitute. The Administrator
may approve such revision only if it consists exclusively of
provisions other than those required under this Act for the
area. Any State seeking approval of such revision must
submit the revision to the Administrator within 24 months of
the date of the enactment of the Clean Air Act Amendments of
1990. The Administrator shall approve or disapprove any such
revision within 30 months of the date of the enactment of the
Clean Air Act Amendments of 1990. The Administrator shall
publish the revision submitted by a State in the Federal
Register upon receipt. Such notice shall constitute a notice
of proposed rulemaking on whether or not to approve such
revision and shall be deemed to comply with the requirements
concerning notice of proposed rulemaking contained in
sections 553 through 557 of title 5 of the United States Code
(related to notice and comment). Where the Administrator
approves such revision for any area, the State need not
submit the revision required by subparagraph (A) for the area
with respect to the portions of the Federal clean-fuel
vehicle program for which the Administrator has approved the
revision as a substitute.
(C) If the Administrator determines, under section 179,
that the State has failed to submit any portion of the
program required under subparagraph (A), then, in addition to
any sanctions available under section 179, the state may not
receive credit, in any demonstration of attainment or
reasonable further progress for the area, for any emission
reductions from implementation of the corresponding aspects
of the Federal clean-fuel vehicle requirements established in
part C of title II.
(5) Transportation Control - (A) Beginning six years
after the date of the enactment of the Clean Air Act
Amendments of 1990 and each third year thereafter, the State
shall submit a demonstration as to whether current aggregate
vehicle mileage, aggregate vehicle emission, congestion
levels, and other relevant parameter are consistent with
those used for the area's demonstration of attainment. Where
such parameters and emissions levels exceed the levels
projected for purposes of the area's attainment
demonstration, the State shall within 18 months develop and
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submit a revision of the applicable implementation plan that
includes a transportation control measures program consisting
of measures from, but limited to, section 108(f) that will
reduce emissions to levels that are consistent with emission
levels projected in such demonstration. In considering such
measures, the State should ensure adequate access to
downtown, other commercial, and residential areas and should
avoid measures that increase or relocate emissions and
congestion rather than reduce them. Such revision shall be
developed in accordance with guidance issued by the
Administrator pursuant to section 108(e) and with the
requirements of section 174(b) and shall include
implementation and funding schedules that achieve expeditious
emissions reductions in accordance with implementation plan
projections.
(6) De Minimis Rule. - The new source review provisions
under this part shall ensure that increased emissions of
volatile organic compounds resulting from any physical change
in, or change in the method of operation of, a stationary
source located in the area shall not be considered de minimis
for purposes of determining the applicability of the permit
requirements established by this Act unless the increase in
net emissions of such air pollutant from such source does not
exceed 25 tons when aggregated with all other net increases
in emissions from the source over any period of five
consecutive calendar years which includes the calendar year
in which such increase occurred.
(7) Special Rule for Modifications of Sources Emitting
Less than 100 Tons. - In the case of any major stationary
source of volatile organic compounds located in the area
(other than a source which emits or has the potential to emit
100 tons or more of volatile organic compounds per year) ,
whenever any change (as described in section 111 (a) (4) at
that source results in any increase (other than a de minimis
increase) in emissions of volatile organic compounds from any
discrete operation, unit, or other pollutant emitting
activity at the source, such increase shall be considered a
modification for purposes of section 172(c) (5) and section
173(a) , except that such increase shall not be considered a
modification for such purposes if the owner or operator of
the source elects to offset the increase by a greater
reduction in emissions of volatile organic compounds
concerned from other operations, units, or activities within
the source at an internal offset ratio of at least 1.3 to 1.
If the owner or operator does not make such election, such
change shall be considered a modification for such purposes,
but in applying section 173 (a) (2) in the case of any such
modification, the best available control technology (BACT) ,,
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as defined in section 169, shall be substituted for the
lowest achievable emission rate (LAER). The Administrator
shall establish and publish policies and procedures for
implementing the provisions of this paragraph.
(8) Special Rule for Modification of Sources Emitting
100 Tons or More. - In the case of any major stationary
source of volatile organic compounds located in the area
which emits or has the potential to emit 100 tons or more of
volatile organic compounds per year, whenever any change (as
described in section 11 (a) (4)) at that source results in any
increase (other than a de minimis increase) in emissions of
volatile organic compounds from any discrete operation, unit,
or other pollutant emitting activity at the source, such
increase shall be considered a modification for purposes of
section 172 (c) (5) and section 173(a), except that if the
owner or operator of the source elects to offset the increase
by a greater reduction in emissions of volatile organic
compounds from other operations, units, or activities within
the source at an internal offset ratio of at least 1.3 to 1,
the requirements of section 173(a)(2) concerning the lowest
achievable emission rate (LAER) shall not apply.
(9) Contingency Provisions. - In addition to the
contingency provisions required under section 172(c)(9), the
plan revision shall provide for the implementation of
specific measures to be undertaken if the area fails to meet
any applicable milestone. Such measures shall be included in
the plan revision as contingency measures to take effect
without further action by the State or the Administrator upon
a failure by the State to meet the applicable milestone.
(10) General Offset Requirement. - For purposes of
satisfying the emission offset requirements of this part, the
ratio of total emission reductions of volatile organic
compounds to total increase emissions of such air pollutant
shall be at least 1.2 to 1. Any reference to 'attainment
date' in subsection (b), which is incorporated by reference
into this subsection, shall refer to the attainment date for
serious areas.
(d) Severe Areas. - Each State in which all or part of a
Severe Area is located shall, with respect to the Severe
Area, make the submissions described under subsection (c)
(relating to Serious Areas), and shall also submit the
revisions to the applicable implementation plan (including
the plan items) described under this subsection. For any
Severe Area, the terms 'major source1 and 'major stationary
source' include (in addition to the sources described in
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section 302) any stationary source or group of sources
located within a contiguous area and under common control
that emits, or has the potential to emit, at least 25 tons
per year of volatile organic compounds.
(1) Vehicle Miles Traveled.- (A) Within two years after
the date of enactment of the Clean Air Act Amendments of
1990, the State shall submit a revision that identifies and
adopts specific enforceable transportation control strategies
and transportation control measures to offset any growth in
emissions from growth in vehicle miles traveled or numbers of
vehicle trips in such area and to attain reduction in motor
vehicle emissions as necessary, in combination with other
emission reduction requirements of this subpart, to comply
with the requirements of subsection (b) (2) (B) cind (c) (2) (B)
(pertaining to periodic emissions reduction requirements).
The State shall consider measures specified in section
108 (f), and choose from among and implement such measures as
necessary to demonstrate attainment with the national ambient
air quality standards; in considering such measures, the
State should ensure adequate access to downtown, other
commercial, and residential areas and should avoid measures
that increase or relocate emissions and congestion rather
than reduce them.
(B) Within two years after the date of enactment of the
Clean Air Act Amendments of 1990, the State shall submit a
revision requiring employers in such area to implement
programs to reduce work-related vehicle trips and miles
traveled by employees. Such revision shall be developed in
accordance with guidance issued by the Administrator pursuant
to section 108 (f) and shall, at a minimum, require that each
employer of 100 or more persons in such area increase average
passenger occupancy per vehicle in commuting trips between
home and the workplace during peak travel periods by not less
than 25 percent above the average vehicle occupancy for all
such trips in the area at the time the revision is submitted.
The guidance of the Administrator may specify average vehicle
occupancy rates which vary for locations within a
nonattainment area (suburban, center city, business district)
or among nonattainment areas reflecting existing occupancy
rates and the availability of high occupancy modes. The
revision shall provide that each employer subject to a
vehicle occupancy requirement shall submit a compliance plan
within two years after the date the revision is submitted
which shall convincingly demonstrate compliance with the
requirements of this paragraph not later than four years
after such date.
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(2) Offset Requirement. - For purposes of satisfying the
offset requirements pursuant to this part, the ratio of total
emission reductions of VOCs to total increased emissions of
such air pollutant shall be at least 1.3 to 1, except that if
the State plan requires all existing major sources in the
nonattainment area to use best available control technology
(as defined in section 169(3)) for the control of volatile
organic compounds, the ratio shall be at least 1.2 to 1.
(3) Enforcement Under Section 185. - By December 31,
2000, the State shall submit a plan revision which includes
the provisions required under section 185. Any reference to
the term 'attainment date1 in subsection (b) or (c), which is
incorporated by reference into this subsection (d) , shall
refer to the attainment date for Sever Areas.
(e) Extreme Areas. - Each State in which all or part of
an Extreme Area is located shall, with respect to the
Extreme Area, make the submissions described under subsection
(d) (relating to Severe Areas), and shall also submit the
revisions to the applicable implementation plan (including
the plan items) described under this subsection. The
provisions of clause (ii) of subsection (c)(2)(B) (relating
to reductions of less than 3 percent), the provisions of
paragraphs (6), (7) and (8) of subsection (c) relating to de
minimus rule and modification of sources), and the provisions
of clause (ii) of subsection (b)(1)(A) (relating to
reductions of less than 15 percent) shall not apply in the
case of an Extreme Area. For any Extreme Area, the terms
"major source" and "major stationary source" includes (in
addition to the sources described in section 302) any
stationary source or group of sources located within a
contiguous area and under common control that emits, or has
the potential to emit, at least 10 tons per year of volatile
organic compounds.
(1) Offset Requirement. - For purposes of satisfying the
offset requirements pursuant to this part, the ratio of total
emission reductions of VOCs to total increased emissions of
such air pollutant shall be at least 1.5 to 1, except that if
the State plan requires all existing major sources in the
nonattainment area to use best available control technology
(as defined in section 169(3)) for the control of volatile
organic compounds, the ratio shall be at least 1.2 to 1.
(2) Modifications - Any change (as described in section
111 (a) (4)) at a major stationary source which results in any
increase in emissions from any discrete operation, unit, or
other pollutant emitting activity at the source shall be
considered a modification for purposes of section 172 (c) (5)
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and section 1173(a), except that for purposes of complying
with the offset requirement pursuant to section 173 (a) (1),
any such increase shall not be considered a modification if
the owner or operator of the source elects to offset the
increase by a greater reduction in emissions of the air
pollutant concerned from other discrete operations, units, or
activities within the source at an internal offset ratio of
at least 1.3 to 1. The offset requirements of this part
shall not be applicable in Extreme Areas to a modification of
an existing source if such modification consists of
installation of equipment required to comply with the
applicable implementation plan, permit, or this Act.
(3) Use of Clean Fuels or Advanced Control Technology. -
For Extreme Areas, a plan revision shall be submitted within
three years after the date of the enactment of the Clean Air
Act Amendments of 1990 to require, effective eight years
after such date, that each new, modified, and existing
electric utility and industrial and commercial boiler which
emits more than 25 tons per year of oxides of nitrogen --
(A) burn as its primary fuel natural gas, methanol, or
ethanol (or a comparably low polluting fuel), or
(B) use advanced technology (such as catalytic control
technology or other comparably effective control methods) for
reduction of emissions of oxides of nitrogen. For purposes
of this subsection, the term "primary fuel" means the fuel
which is used 90 percent or more of the operating time. This
paragraph shall not apply during any natural gas supply
emergency (as defined in title III of the Natural Gas Policy
Act 1978) .
(4) Traffic Control Measures During Heavy Traffic Hours.
- For Extreme Areas, each implementation plan revision under
this subsection may contain provisions establishing traffic
control measures applicable during heavy traffic hours to
reduce the use of high polluting vehicles or heavy-duty
vehicles, notwithstanding any other provision of law.
(5) New Technologies. - The Administrator may, in
accordance with section 110, approve provisions of an
implementation plan for an Extreme Area which anticipate
development of new control techniques or improvement of
existing control technologies, and an attainment
demonstration based on such provisions, if the State
demonstrates to the satisfaction of the Administrator that -
(A) such provisions are not necessary to achieve the
incremental emission reductions required during the first 10
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years after the date of the enactment of the Clean Air Act
Amendments of 1990, and
(B) the State has submitted enforceable commitments to
develop and adopt contingency measures to be implemented as
set forth herein if the anticipated technologies do not
achieve planned reductions. Such contingency measures shall
be submitted to the Administrator no later than three years
before proposed implementation of the plan provisions and
approved or disapproved by the Administrator in accordance
with section 110. The contingency measures shall be adequate
to produce emission reductions sufficient, in conjunction
with other approved plan provisions, to achieve the periodic
emission reductions required by subsection(b) (1) or (c) (2)
and attainment by the applicable dates. If the Administrator
determines that an Extreme Area has failed to achieve an
emission reduction requirement set forth in subsection (b)(1)
or (c) (2), and that such failure is due in whole or part to
an inability to fully implement provisions approved pursuant
to this subsection, the Administrator shall require the State
to implement the contingency measures to the extent necessary
to assure compliance with subsections (b)(1) and (c)(2). Any
reference to the term 'attainment date1 in subsection (b) ,
(c), or (d) which is incorporated by reference into this
subsection, shall refer to the attainment date for Extreme
Areas.
(f) NOx Requirements. - (1) The plan provisions required
under this subpart for major stationary sources of volatile
organic compounds shall also apply to major stationary
sources (as defined in section 302 and subsections (c) , (d) ,
and (e) of this section) of oxides of nitrogen. This
subsection shall not apply in the case of oxides of nitrogen
for those sources for which the Administrator determines
(when the Administrator approves a plan or plan revision)
that net air quality benefits are greater in the absence of
reductions of oxides of nitrogen from the sources concerned.
This subsection shall also not apply in the case of oxides of
nitrogen for -
(A) nonattainment areas not within an ozone transport
region under section 184 if the Administrator determines
(when the Administrator approves a plan or plan revision)
that additional reductions of oxides of nitrogen would not
contribute to attainment of the national ambient air quality
standard for ozone in the area, or
(B) nonattainment areas within such an ozone transport
region if the Administrator determines (when the
Administrator approves a plan or plan revision) that
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additional reductions of oxides of nitrogen would not produce
net ozone air quality benefits in such region. The
Administrator shall, in the Administrator's determinations,
consider the study required under section 185B.
(2) (A) If the Administrator determines that excess
reductions in emissions of NOx would be achieved under
paragraph (1), the Administrator may limit the application of
paragraph (1) to the extent necessary to avoid achieving such
excess reductions.
(B) For purposes of this paragraph, excess reductions in
emission of NOx are emission reductions for which the
Administrator determines that net air quality benefits are
greater in the absence of such reductions. Alternatively,
for purposes of this paragraph, excess reductions in
emissions of NOx are, for -
(i) nonattainment areas not within an ozone transport
region under section 184, emission reductions that the
Administrator determines would not contribute to attainment
of the national ambient air quality standard for ozone in the
area, or
(ii) nonattainment areas within such ozone transport
region, emission reductions that the Administrator determines
would not produce net ozone air quality benefits in such
region.
(3) At any time after the final report under section
185B is submitted to Congress, a person may petition the
Administrator for a determination under paragraph (1) or (2)
with respect to any nonattainment area or any ozone transport
region under section 184. The Administrator shall grant or
deny such petition within six months after its filing with
the Administrator.
(g) Milestones. - (1) Reductions In Emissions. - six
years after the date of the enactment of the Clean Air
Amendments of 1990 and at intervals of every three years
thereafter, the State shall determine whether each
nonattainment area (other than an area classified as Marginal
or Moderate) has achieved a reduction in emissions during the
preceding intervals equivalent to the total emission
reductions required to be achieved by the end of such
interval pursuant to subsection (b)(1) and the corresponding
requirements of subsections (c) (2) (B) and (C) , (d), and (e) .
Such reduction shall be referred to in this section as an
applicable milestone.
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(2) Compliance Demonstration. - For each nonattainment
area referred to in paragraph (1), no later than 90 days
after the date on which an applicable milestone occurs (not
including an attainment date on which a milestone occurs in
cases where the standard has been attained), each State in
which all or part of such area is located shall submit to the
Administrator a demonstration that the milestone has been
met. A demonstration under this paragraph shall be submitted
in such form and manner, and shall contain such information
and analysis, as the Administrator shall require, by rule.
The Administrator shall determine whether or not a State's
demonstration is adequate within 90 days after the
Administrator's receipt of a demonstration which contains the
information and analysis required by the Administrator.
(3) Serious and Severe Areas, State Election. - If a
State fails to submit a demonstration under paragraph (2) for
any Serious or Severe Area within the required period or if
the Administrator determines that the area has not met any
applicable milestone, the State shall elect, within 90 days
after such failure or determination-
(A) to have the area reclassified to the next higher
classification,
(B) to implement specific additional measures adequate,
as determined by the Administrator, to meet the next
milestone as provided in the applicable contingency plan, or
(C) to adopt an economic incentive program as described
in paragraph (4) . If the State makes an election under
subparagraph (B) , the Administrator shall, within 90 days
after the election, review such plan and shall, if the
Administrator finds the contingency plan inadequate, require
further measures necessary to meet such milestone. Once the
State makes an election, it shall be deemed accepted by the
Administrator as meeting the election requirement. If the
State fails to make an election required under this paragraph
within the required 90-day period or within six months
thereafter, the area shall be reclassified to the next higher
classification by operation of law at the expiration of .such
6-month period. Within 12 months after the date required for
the State to make an election, the State shall submit a
revision of the applicable implementation plan for the area
t hat meet s I he requi rement s of t lij s par agraph . The
Administ rat or shrill review such plan revision and approve or
disapprove the revision within nine months after the date of
i I' s subin i s.s i on .
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Section 182
(4) Economic Incentive Program. - (A) An economic
incentive program under this paragraph shall be consistent
with rules published by the Administrator and sufficient, in
combination with other elements of the State plan, to achieve
the next milestone. The State program may include a
nondiscriminatory system, consistent with applicable law
regarding interstate commerce, of State established emissions
fees or a system of marketable permits, or a system of State
fees on sale or manufacture of products the use of which
contributes to ozone information, or any combination of the
foregoing or other similar measures. The program may also
include incentives and requirements to reduce vehicle
emissions and vehicle miles traveled in the area, including
any of the transportation control measures identified in
section 108 (f) .
(B) Within two years after the date of the enactment of
the Clean Air Act Amendments of 1990, the Administrator shall
publish rules for the programs to be adopted pursuant to
subparagraph (A) . Such rules shall include model plan
provisions which may be adopted for reducing emissions from
permitted stationary sources, area sources, and mobile
sources. The guidelines shall require that any revenues
generated by the plan provisions adopted pursuant to
subparagraph (A) shall be used by the State for any of the
following:
(i) Providing incentives for achieving emission
reductions.
(ii) Providing assistance for the development of
innovative technologies for the control of ozone air
pollution and for the development of lower-polluting
solvents and surface coatings. Such assistance shall not
provide for the payment of more than 75 percent of either the
costs of any project to develop such a technology or the
costs of development of a lower-polluting solvent or surface
coating.
(iii) Funding the administrative costs of State programs
under this Act. Not more than 50 percent of such revenues
may be used for purposes of this clause.
(5) Extreme; Areas. - If a State fails to submit a
demonstration under paragraph (2) for any Extreme Area within
the required period, or if the Administrator determines that
the area has not met any applicable milestone, the State
shall, within nine months after such failure or
determination, submit a plan revision to implement an
economic incentive program which meets the requirement of
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paragraph (4) . The Administrator shall review such plan
revision and approve or disapprove the revision within nine
months after the date of its submission.
(h) Rural Transport Areas. - (1) Notwithstanding any
other provision of section 181 or this section, a State
containing an ozone nonattainment area that does not include,
and is not adjacent to, any part of a Metropolitan
Statistical Area or, where one exists, a Consolidated
Metropolitan Statistical Area (as defined by the United
States Bureau of the Census), which area is treated by the
Administrator, in the Administrator's discretion, as a rural
transport area within the meaning of paragraph (2), shall be
treated by operation of law as satisfying the requirements of
this section if it makes the submissions required under
subsection(a) of this section (relating to marginal areas).
(2) The Administrator may treat an ozone nonattainment
area as a rural transport area if the Administrator finds
that sources of VOC (and, where the Administrator determines
relevant, NOx) emissions within the area do not make a
significant contribution to the ozone concentrations measured
in the area or in other areas.
(i) Reclassified Areas. - Each State containing an ozone
nonattainment area reclassified under section 181 (b) (2) shall
meet such requirements of subsections (b) through (d) of this
section as may be applicable to the area as reclassified,
according to the schedules prescribed in connection with such
requirements, except that the Administrator may adjust any
applicable deadlines (other than attainment dates) to the
extent such adjustment is necessary or appropriate to assure
consistency among the required submissions.
(j) Multi-State Ozone Nonattainment Areas. - (1)
Coordination Among States - Each State in which there is
located a portion of a single ozone nonattainment area which
covers more than one State (hereinafter in this section
referred to as 'multi-State ozone nonattainment area1) shall-
(A) take all reasonable steps to coordinate,
substantively and procedurally, the revisions and
implementation of State implementation plans applicable to
the nonattainment area concerned; and
(B) use photochemical grid modeling or any other
analytical method determined by the Administrator, in his
discretion, to be at least as effective. The Administrator
may not approve any revision of a State implementation plan
submitted under this part for a State in which part of a
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multi-State ozone nonattainment area is located if the plan
revision for that State fails to comply with the requirements
of this subsection.
(2) Failure to Demonstrate Attainment. - If any State
in which there is located a portion of a multi-State ozone
nonattainment area fails to provide a demonstration of
attainment of the national ambient air quality standard for
ozone in that portion within the required period, the State
may petition the Administrator to make a finding that the
State would have been able to make such demonstration but for
the failure of one or more other States in which other
portions of the area are located to commit to the
implementation of all measures required under section 182
(relating to plan submissions and requirements for ozone
nonattainment areas) . If the Administrator makes such
finding, the provisions of section 179 (relating to
sanctions) shall not apply, by reason of the failure to make
such demonstration, in the portion of the multi-State ozone
nonattainment area within the State submitting such petition.
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Section 184
CONTROL OF INTERSTATE OZONE AIR POLLUTION
Sec. 184.(a) Ozone Transport Regions.-A single transport
region for ozone (within the meaning of section 176A
(a)), comprised of the States of Connecticut, Delaware, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont, and the Consolidated
Metropolitan Statistical Area that includes the District of
Columbia, is hereby established by operation of law. The
provisions of section 176(a) (1) and (2) shall apply with
respect to the transport region established under this
section and any other transport region established for ozone,
except to the extent inconsistent with the provisions of this
section. The Administrator shall convene the commission
required (under section 176A(b)) as a result of the
establishment of such region within 6 months of the date of
the enactment of the Clean Air Act Amendments of 1990.
(b) Plan Provisions for States in Ozone Transport
Regions.-(1) In accordance with section 110, not later than 2
years after the date of the enactment of the Clean Air Act
Amendments of 1990 (or 9 months after the subsequent
inclusion of a State in a transport region established for
ozone), each State included within a transport region
established for ozone shall submit a State implementation
plan or revision thereof to the Administrator which requires
the following-
(A) that each area in such State that is in an ozone
transport region, and that is a metropolitan statistical area
or part thereof with a population of 100,000 or more comply
with the provisions of section 182(c) (2) (A) (pertaining to
enhanced vehicle inspection and maintenance programs); and
(B) implementation of reasonably available control
technology with respect to all sources of volatile organic
compounds in the State covered by a control techniques
guideline issued before or after the date of the enactment of
the Clean Air Act Amendments of 1990.
(2) Within 3 years after the date of the enactment of
the Clean Air Act Amendments of 1990, the Administrator shall
complete a study identifying control measures capable of
achieving emission reductions comparable to those achievable
through vehicle refueling controls contained in section
182(b) (3), and such measures or such vehicle refueling
controls shall be implemented in accordance with the
provisions of this section. Notwithstanding other deadlines
in this section, the applicable implementation plan shall be
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revised to reflect such measures within 1 year of completion
of the study. For purposes of this section any stationary
source that emits or has the potential to emit at least 50
tons per year of volatile organic compounds shall be
considered a major stationary source and subject to the
requirements which would be applicable to major stationary
sources if the area is classified as a Moderate nonattainment
area.
(c) Additional Control Measures. -(1) Recommendations.-
Upon petition of any State within a transport region
established for ozone, and based on a majority vote of the
Governors on the Commission (or their designees), the
Commission may, after notice and opportunity for public
comment, develop recommendations for additional control
measures to be applied within all or a part of such transport
region if the commission determines such measures are
necessary to bring any area in such region into attainment by
the dates provided by this subpart, The commission shall
transmit such recommendations to the Administrator.
(2) Notice and Review.-Whenever the Administrator
receives recommendations prepared by a commission pursuant to
paragraph (I) (the date of receipt of which shall hereinafter
in this section be referred to as the receipt date) , the
Administrator shall-
(A) immediaitely publish in the Federal Register a notice
stating that the recommendations are available and provide an
opportunity for public hearing within 90 days beginning on
the receipt date; and
(B) commence a review of the recommendations to
determine whether the control measures in the recommendations
are necessary to bring any area in such region into
attainment by the dates provided by this subpart and are
otherwise consistent with this Act.
(3) Consultation.-In undertaking the review required
under paragraph (2) (B) , the Administrator shall consult with
members of the commission of the affected Staites and shall
take into account the data, views, and comments received
pursuant to paragraph (2) (A).
(4) Approval and Disapproval.-Within 9 months after the
receipt date, the Administrator shall (A) determine whether
to approve, disapprove, or partially disapprove and partially
approve the recommendations; (B) notify the commission in
writing of such approval, disapproval, or partial
disapproval; and (C) publish such determination in the
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Federal Register. If the Administrator disapproves or
partially disapproves the recommendations, the Administrator
shall specify-
(i) why any disapproved additional control measures are
not necessary to bring any area in such region into
attainment by the dates provided by this subpart or are
otherwise not consistent with the Act; and
(ii) recommendations concerning equal or more effective
actions that could be taken by the commission to conform the
disapproved portion of the recommendations to the
requirements of this section.
(5) Finding.-Upon approval or partial approval of
recommendations submitted by a commission, the Administrator
shall issue to each State which is included in the transport
region and to which a requirement of the approved plan
applies, a finding under section 110(k) (5) that the
implementation plan for such State is inadequate to meet the
requirements of section 110 (a) (2) (D). Such finding shall
require each such State to revise its implementation plan to
include the approved additional control measures within one
year after the finding is issued.
(d) Best Available Air Quality Monitoring and Modeling.-
For purposes of this section, not later than 6 months after
the date of the enactment of the Clean Air Act Amendments of
1990, the Administrator shall promulgate criteria for
purposes of determinig the contribution of sources in one
area to concentrations of ozone. Such criteria shall require
that the best available air quality monitoring and modeling
techniques be used for purposes of making such
determinations.
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Section 185
ENFORCEMENT FOR SEVERE AND EXTREME OZONE NONATTAINMENT
AREAS FOR FAILURE TO ATTAIN.
Sec. 185. (a) General Rule.-Each implementation plan
revision required under section 182(d) and (e) (relating to
the attainment plan for Severe and Extreme ozone
nonattainment areas) shall provide that, if the area to which
such plan revision applies has failed to attain the national
primary ambient air quality standard for ozone by the
applicable attainment date, each major stationary source of
VOCs located in the area shall, except as otherwise provided
under subsection (c), pay a fee to the State as a penalty for
such failure, computed in accordance with subsection (b), for
each calendar year beginning after the attainment date, until
the area is redesignated as an attainment area for ozone.
Each such plan revision should include procedures for
assessment and collection of such fees.
(b) Computation of Fee.-(l) Fee Amount.-The fee shall
equal $5,000 adjusted in accordance with paragraph (3), per
ton of VOC emitted by the source during the calendar year in
excess of 80 percent of the baseline amount, computed under
paragraph (2) .
(2) Baseline Amount.-For purposes of this section, the
baseline amount shall be computed, in accordance with such
guidance as the Administrator may provide, as the lower of
the amount of actual VOC emissions ('actuals') or VOC
emissions allowed under the permit applicable to the source
(or, if no such permit has been issued for the attainment
year the amount of VOC emissions allowed under the applicable
implementation plan ('allowables')) during the attainment
year. Notwithstanding the preceding sentence, the
Administrator may issue guidance authorizing the baseline
amount to be determined in accordance with the lower of
average actuals or average allowables, determined over a
period of more than one Calendar year. Since guidance may
provide that such average calculation for a specific source
may be used if that source's emissions are irreguleir,
cyclical, or otherwise vary significantly from year to year.
(3) Annual Adjustment.-The fee amount under paragraph
(1) shall be adjusted annually, beginning in the year
beginning after the year of enactment, in accordance with
section 502 (b) (3) (B) (v) (relating to inflation adjustment) .
(c) Exception.-Notwithstanding any provision of this
section no source shall be required to pay any fee under
subsection (a) with respect to emissions during any year that
is treated as an Extension Year under section 181 (a) (5) .
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(d) Fee Collection by the Administrator.-If the
Administrator has found that the fee provisions of the
implementation plan do not meet the requirements of this
section, or if the Administrator makes a finding that the
State is not administering and enforcing the fee required
under this section, the Administrator shall, in addition to
any other action authorized under this title, collect, in
accordance with procedures promulgated by the Administrator,
the unpaid fees required under subsection (a) . If the
Administrator makes such a finding under section 179(a)(4),
the Administrator may collect fees for periods before the
determination, plus interest computed in accordance with
section 6621 (a) (2) of the Internal Revenue Code of 1986
(relating to computation of interest on underpayment of
Federal taxes), to the extent the Administrator finds such
fees have not been paid to the State. The provisions of
clauses (ii) through (iii) of section 502 (b) (3) (C) (relating
to penalties and use of the funds, respectively) shall apply
with respect to fees collected under this subsection.
(e) Exemption for Certain Small Areas.-For areas with a
total population under 200,000 which fail to attain the
standard by the applicable attainment date, no sanction under
this section or under any other provision of this Act shall
apply if the area can demonstrate, consistent with guidance
issued by the Administrator, that attainment in the area is
prevented because of ozone precursors transported from other
areas. The prohibition applies only in cases in which the
area has met all requirements and implemented all measures
applicable to the area under this Act.
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TRANSITIONAL AREAS
Sec. 185A. If an area designated as an ozone
nonattainment area as of the date of enactment of the Clean
Air Act Amendments of 1990 has not violated the national
primary ambient air quality standard for ozone for the 36-
month period commencing on January 1, 1987, and ending on
December 31, 1989, the Administrator shall suspend the
application of the requirements of this subpart to such area
until December 31, 1991. By June 30, 1992, the Administrator
shall determine by order, based on the area's design value as
of the attainment date, whether the area attained such
standard by December 31, 1991. If the Administrator
determines that the area attained the standard, the
Administrator shall require, as part: of the order, the State
to submit a maintenance plan for the area within 12 months of
such determination. If the Administrator determines that the
area failed to attain the standard, the Administrator shall,
by June 30, 1992, designate the area as nonattciinment under
section 107(d)(4).
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NOX AND VOC STUDY
Sec/ 185B. The Administrator, in conjunction with the
National Academy of Sciences, shall conduct a study on the
role of ozone precursors in tropospheric ozone formation and
control. The study shall examine the roles of NOx and VOC
emission reductions, the extent to which NOx reductions may
contribute (or be counterproductive) to achievement of
attainment in different nonattainment areas, the sensitivity
of ozone to the control of NOx, the availability and extent
of controls for NOx, the role of biogenic VOC emissions, and
the basic information required for air quality models. The
study shall be completed and a proposed report made public
for 30 days comment within 1 year of the date of the
enactment of the Clean Air Act Amendments of 1990, and a
final report shall be submitted to Congress within 15 months
after such date of enactment. The Administrator shall
utilize all available information and studies, as well as
develop additional information, in conducting the study
required by this section.
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Section 186
Subpart 3 - Additional Provisions for Carbon Monoxide
Nonattainment Areas
[Subpart 3 added by PL 101-549]
CLASSIFICATION AND ATTAINMENT DATES
Sec. 186. (a) Classification by Operation of Law and
Attainment Dates for Nonattainment Areas.- (1) Each area
designated non-attainment for carbon monoxide pursuant to
section 107 (d) shall be classified at the time of such
designation under table 1, by operation of law, as a Moderate
Area or a Serious Area based on the design value for the
area. The design value shall be calculated according to the
interpretation methodology issued by the Administrator most
recently before the date of the enactment of the Clean Air
Act Amendments of 1990. For each area classified under this
subsection, the primary standard attainment date for carbon
monoxide shall be as expeditiously as practicable but not
later than the date provided in table 1:
TABLE 3
Primary standard
Area classification Design value attainment date
Moderate 9.1-16.4 ppm December 31, 1995
Serious 16.5 and above December 31, 2000
(2) At the time of publication of the notice required
under section 107 (designating carbon monoxide nonattainment
areas), the Administrator shall publish a notice annnouncing
the clasification of each such carbon monoxide nonattainment
area. The provisions of section 172 (a) (1) (B) (relating to
lack of notice-and-comment and judicial review) shall apply
with respect to such classification.
(3) If an area classified under paragraph (1), table 1,
would have been classified in another category if the design
value in the area were 5 percent greater or 5 percent less
than the level on which such classification was based, the
Administrator may, in the Administrator's discretion, within
90 days after the date of the enactment of the Clean Air Act
Amendments of 1990 by the procedure required under paragraph
(2), adjust the classification of the area. In making such
adjustment, the Administrator may consider the number of
exceedances of the national primary ambient air quality
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standard for carbon monoxide in the area, the level of
pollution transport between the area and the other affected
areas, and the mix of sources and air pollutants in the area.
The Administrator may make the same adjustment for purposes
of paragraphs (2), (3), (6), and (7) of section 187(a).
(4) Upon application by any State, the Administrator
may extend for 1 additional year (hereinafter in this subpart
referred to as the 'Extension Year') the date specified in
table 1 of subsection (a) if-
(A) the State has complied with all requirements and
commitments pertaining to the area in the applicable
implementation plan, and
(B) no more than one exceedance of the national ambient
air quality standard level for carbon monoxide has occurred
in the area in the year preceding the Extension Year. No
more than 2 one-year extensions may be issued under this
paragraph for a single nonattainment area.
(b) New Designations and Reclassifications.- (1) New
Designations to Nonattainment.- Any area that is designated
attainment or unclassifiable for carbon monoxide under
section 107(d)(4), and that is subsequently redesignated to
nonattainment for carbon monoxide under section 107(d)(3),
shall, at the time of the redesigantion, be classified by
operations of law in accordance with table 1 under
subsections (a)(1) and (a)(4). Upon its classification, the
area shall be subject to the same requirements under section
110, subpart 1 of this part, and this subpart that would have
applied had the area been so classified at the time of the
notice under subsection (a) (2), except that any absolute,
fixed date applicable in connection with any such requirement
is extended by operation of law by a period equal to the
length of time between the date of the enactment of the Clean
Air Act Amendments of 1990 and the date the area is
classified.
(2) Reclassification of Moderate Areas Upon Failure to
Attain.- (A) General Rule.-Within 6 months following the
applicable attainment date for a carbon monoxide
nonattainment area, the Administrator shall dertermine, based
on the area's design value as of the attainment date, whether
the area has attained the standard by that date. Any
Moderate Area that the Administrator finds has not attained
the standard by that date shall be reclassified by operation
of law in accordance with table 1 of subsection (a)(1) as a
Serious Area.
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(B) Publication of Notice.- The Administrator shall
publish a notice in the Federal Register, no later than 6
months following the attainment date, identifying each area
that the Administrator has determined, under subparagraph
(A), as having failed to attain and identifying the
reclassification, if any, described under subparagraph (A).
(c) References to Terms,- Any reference in this subpart
to a 'Moderate Area' or a 'Serious Area' shall be considered
a reference to a Moderate Area or a Serious Area,
respectively, as classified under this section.
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Section 187
PLAN SUBMISSIONS AND REQUIREMENTS
Sec. 187.(a) Moderate Areas.- Each State in which all or
part of a Moderate Area is located shall, with respect to the
Moderate Area (or portion thereof, to the extend specified in
guidance of the Administrator issued before the date of the
enactment of the Clean Air Act Amendments of 1990), submit to
the Administrator the State implementation plan revisions
(including the plan items) described under this subsection,
within such periods as are prescribed under this subsection,
except to the extent the State has made such submission as of
such date of enactment:
(1) Inventory.- No later than 2 years from the date of
the enactment of the Clean Air Act Amendments of 1990, the
State shall submit a comprehensive, accurate, current
inventory of actual emissions from all sources, as described
in section 172 (c) (3), in accordance with guidance provided by
the Adminstrator.
(2) (A) Vehicle Miles Traveled.-No later than 2 years
after the date of the enactment of the Clean Air Act
Amendments of 1990, for areas with a design value above 12.7
ppm at the time of classification, the plan revision shall
contain a forecast of vehicle miles traveled in the
nonattainment area concerned for each year before the year in
which the plan projects the national ambient air quality
standard for carbon monoxide to be attained in the area. The
forecast shall be based on guidance which shall be published
by the Administrator, in consultation with the Secretary of
Transportation, within 6 months after the date of the
enactment of the Clean Air Act Amendments of 1990. The plan
revision shall provide for annual updates of the forecasts to
be submitted to the Administrator together with annual
reports regarding the extent to which such forecasts proved
to be accurate. Such annual reports shall contain estimates
of actual vehicle miles traveled in each year for which a
forecast was required.
(B) Special Rule for Denver.- Within 2 years after the
date of the enactment of the Clean Air Act Amendments of
1990, in the case of Denver, the State shall submit a
revision that includes the transportation control measures as
required in section 182(d)(I) (A) except that such revision
shall be for the purpose of reducing CO emissions rather than
volatile organic compound emissions. If the State fails to
include any such measure, the implementation plan shall
contain an explanation of why such measures was not adopted
and what emissions reduction measure was adopted to provide a
comparable reduction in emissions, or reasons why such
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reduction is not necessary to attain the nationeil primary
ambient air quality standard for carbon monoxide.
(3) Contingency Provisions.- No later than 2 years
after the date of the enactment of the Clean Air Act
Amendments of 1990, for areas with a design value above 12.7
ppm at the time of classification, the plan revision shall
provide for the implementation of specific measures to be
undertaken if any estimate of vehicle miles traveled in the
area which is submitted in an annual report under paragraph
(2) exceeds the number predicted in the most recent prior
forecast or if the area fails to attain the national primary
ambient air quality standard for carbon monoxide by the
primary standard attainment date. Such measures shall be
included in the plan revision as contingency measures to take
effect without further action by the State or the
Administrator if the prior forecast has been exceeded by an
updates forecast or if the national standard is not attained
by such deadline.
(4) Savings Clause for Vehicle Inspection and
Maintenance Provisions of the State Implementation Plan.-
Immediately after the date of the enactment of the Clean Air
Amendments of 1990, for any Moderate Area (or, within the
Administrator's discretion, portion thereof), the plan for
which is of the type described in section 182 (a) (2) (B) any
provisions necessary to ensure that the applicable
implementation plan includes the vehicle inspection and
maintenance program described in section 182 (a) (2) (B) .
(5) Periodic Inventory.- No later than September 30,
1995, and no later than the end of each 3 year period
thereafter, until the area is redesignated to attainment a
revised inventory meeting the requirements of subsection
(a) (1) .
(6) Enhanced Vehicle Inspection and Maintenance.- No
later than 2 years after the date of the enactment of the
Clean Air Act Amendments of 1990 in the case of Moderate
Areas with a design value greater than 12.7 ppm at the time
of classification, a revision that includes provisions for an
enhanced vehicle inspection and maintenance program as
required in section 182 (c) (3) (concerning serious ozone
nonattainment areas), except that such program shall be for
the purpose of reducing carbon monoxide rather than
hydrocarbon emissions.
(7) Attainment Demonstration and Specific Annual
Emission Reductions.- In the case of Moderate Areas with a
design value grater than 12.7 ppm at the time of
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classification, no later than 2 years after the date of the
enactment of the Clean Air Act Amendments of 1990, a revision
to provide, and a demonstration that the plan as revised will
provide, for attainment of the carbon monoxide NAAQS by the
applicable attainment date and provisions for such specific
annual emission reductions as are necessary to attain the
standard by that date.
The Administrator may, in the Administrator's
discretion, require States to submit to schedule for
submitting any of the revisions or other items required under
this subsection. In the case of Moderate Areas with a design
value of 12.7 ppm of lower at the time of classification, the
requirements of this subsection shall apply in lieu of any
requirement that the State submit a demonstration that the
applicable implementation plan provides for attainment of the
carbon monoxide standard by the applicable attainment date.
(b) Serious Areas.- (1) In general.- Each State in which
all or part of the Serious Area is located shall, with
respect to the Serious Area, make the submissions (other than
those required under subsection (a) (I) (B) applicable under
subsection (a) to Moderate Areas with a design value of 12.7
ppm or greater at the time of classification, and shall also
submit the revision and other items described under this
subsection.
(2) Vehicle Miles Traveled.- Within 2 years after the
date of the enactment of the Clean Air Act Amendments of 1990
the State shall submit a revision that includes the
transportation control measures as required in section
182(d)(1) except that such revision shall be for the purpose
of reducing CO emissions rather than volatile organic
compound emissions. In the case of any such area (other than
an area in New York State) which is a covered area (as
defined in section 246 (a) (2) (B) for purposes of the Clean
Fuel Fleet program under part C of title II, if the State
fails to include any such measure, the implementation plan
shall contain an explanation of why such measure was not
adopted and what emissions reduction measure was adopted to
provide a comparable reduction in emissions, or reasons why
such reduction is not necessary to attain the national
primary ambient air quality standard for carbon monoxide.
(3) Oxygenated Gasoline.-(A) Within 2 years after the
date of the enactment of the Clean Air Act Amendments of
1990, the State shall submit a revision to require that
gasoline sold, supplied, offered for sale or supply,
dispensed, transported or introduced into commerce in the
larger of-
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(i) the Consolidated Metropolitan Statistical Area (as
defined by the United States Office of Management and Budget)
(CMSA) in which the area is located, or
(ii) if the area is not located in a CMSA, the
Metropolitan Statistical Area (as defined by the United
States Office of Management and Budget) in which the area is
located, be blended, during the portion of the year in which
the area is prone to high ambient concentrations of carbon
monoxide (as determined by the Administrator), with fuels
containing such level of oxygen as is necessary, in
combination with other measures, to provide for attainment of
the carbon monoxide national ambient air quality standard by
the applicable attainment date and maintenance of the
national ambient air quality standard thereafter in the area.
The revision shall provide that such requirement shall take
effect no later than October 1, 1993, and shall include a
program for implementation and enforcement of the requirement
consistent with guidance to be issued by the Administrator.
(B) Notwithstanding subparagraph (A) , the revision
described in this paragraph shall not be required for an area
if the State demonstrates to the satisfaction of the
Administrator that the revision is not necessary to provide
for attainment of the carbon monoxide national ambient air
quality standard by the applicable attainment date and
maintenace of the national ambient air quality standard
thereafter in the area.
(c) Areas With Significant Stationary Source Emissions
of CO.-(l) Serious Areas.-In the case of Serious Areas in
which stationary sources contribute significantly to carbon
monoxide levels (as determined under rules issued by the
Administrator), the States shall submit a plan revision
within 2 years after the date of the enactment of the Clean
Air Act Amendments of 1990, which provides that the term
'major stationary source' includes (in addition to the
sources described in section 302) any stationary source which
emits, or has the potential to emit, 50 tons per year or more
of carbon monoxide.
(2) Waivers for Certain Areas.-The Administrator may, on
a case-by-case basis, waive any requirements that pertain to
transportation controls, inspection and maintenance, or
oxygenated fuels where the Administrator determines by rule
that mobile sources of carbon monoxide do not contribute
significantly to carbon monoxide levels in the area.
(3) Guidelines.- Within 6 months after the date of the
enactment of the Clean Air Act Amendments of 1990,.the
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Administrator shall issue guidelines for and rules
determining whether stationary sources contribute
significantly to carbon monoxide levels in an area.
(d) CO Milestone.-(1) Milestone Demonstration.-By
March 31, 1996, each State in which all or part of a Serious
Area is located shall submit to the Administrator a
demonstration that the area has achieved a reduction in
emissions of CO equivalent to the total of the specific
annual emission reductions required by December 31, 1995.
Such reductions shall be referred to in this subsection as
the milestone.
(2) Adequacy of Demonstration.-A demonstration under
this paragraph shall be submitted in such form and manner,
and shall contain such information and analysis, as the
Administrator shall require. The Administrator shall
determine whether or not a State's demonstration is adequate
within 90 days after the Administrator's receipt of a
demonstration which contains the information and analysis
required by the Adminsitrator.
(3) Failure to Meet Emission Reduction Milestone.- If a
State fails to submit a demonstration under paragraph (1)
within the required period, or if the Administrator notifies
the State that the State has not met the milestone, the State
shall, within 9 months after such a failure or notification,
submit a plan revision to implement an economic incentive and
transportation control program as described in section
182 (g) (4) . Such revision shall be sufficient to achieve the
specific annual reductions in carbon monoxide emissions set
forth in the plan by the attainment date.
(e) Multi-State CO Nonattainment Areas-(1) Coordination
among States.-Each State in which there is located a portion
of a single nonattainment area for carbon monoxide which
covers more than one State ('multi-State nonattainment area')
shall take all reasonable steps to coordinate, substantively
and procedurally the revisions and implementation of State
implementation plans applicable to the nonattainment area
concerned. The Administrator may not approve any revision of
a State in which part of a multi-State nonattainment area is
located if the plan revision for that State fails to comply
with the requirements of this subsection.
(2) Failure to Demonstrate Attainment,-If any State in
which there is located a portion of a multi-State
nonattainment area fails to provide a demonstration of
attainment of the national ambient air quality standard for
carbon monoxide in that portion within the period required
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under this part the State may petition the Administrator to
make a finding that the State would have been able to make
such demonstration but for the failure of one or more other
States in which other portions of the area are located to
commit to the implementation of all measures required under
section 187 (relating to plan submissions for carbon monoxide
nonattainment areas). If the Administrator makes such
finding, in the portion of the nonattinment areas within the
State submitting such petition, no sanction shall be imposed
under section 179 or under any other provision of this Act,
by reason of the failure to make such demonstration.
(f) Reclassified Areas.-Each State containing a carbon
monoxide nonattainment area reclassified under section
186 (b) (2) shall meet the requirements of subsection (b) of
this section, as may be applicable to the area as
reclassified, according to the schedules prescribed in
conncection with such requirements, except that the
Administrator may adjust any applicable deadlines (other than
the attainment date) where such deadlines are shown to be
infeasible.
(g) Failure of Serious Area to Attain Standards.-If the
Administrator determines under section 186(b) (2) that the
national primary ambient air quality standard for carbon
monoxide has not been attained in a Serious Area by the
applicable attainment date, the State shall submit a plan
revision for the area within 9 months after the date of such
determination. The plan revision shall provide that a
program of incentives and requirements as described in
section 182 (g) (4) shall be applicable in the area, and such
program, in combination with other elements of the revised
plan shall be adequate to reduce the total tonnage of
emissions of carbon monoxide in the area by at least 5
percent per year in each year after approval of the plan
revision and before attainment of the national primary
ambient air quality standard for carbon monoxide.
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Section 188
Subpart 4-Additional Provisions for
Partriculate Matter Nonattainment Areas
[Subpart 4 added by PL 101-549]
CLASSIFICATION AND ATTAINMENT DATES
Sec. 188. (a) Initial Classification.- Every area
designed nonattainment for PM-10 pursuant to section 107(d)
shall be classified at the time of such designation, by
operation of law, as a moderate PM-10 nonattainment area
(also referred to in this subpart as a 'Moderate Area') at
the time of such designation. At the time of publication of
the notice under section 107(d) (4) (relating to area
designations) for each PM-10 nonattainment area, the
Administrator shall publish a notice announcing the
classification of such area. The provisions of section
172 (a) (1) (B) (relating to lack of notice-and-comment and
judicial review) shall apply with respect to such
classification.
(b) Reclassificcation as Serious.-(1) Reclassification
Before Attainment Date.- The Administrator may reclassify as
a Serious PM-10 nonattainment area identified in this subpart
also as a 'Serious Area') any area that the Administrator
determines cannot praticable attain the national ambient air
quality standard for PM-10 by the attainment date (as
prescribed in subsection (c)) for Moderate Areas. The
Adminsitrator shall reclassify appropriate areas as Serious
by the following dates:
(A) For areas designated nonattainment for PM-10 under
section 107 (d) (4), the Administrator shall propose to
reclassify appropriate areas by June 30, 1991, and take final
action by December 31, 1991.
(B) For areas subsequently designated nonattainment,
the Administrator shall reclassify appropriate areas within
18 months after the required date for the State's submission
of a SIP for the Moderate Area.
(2) Reclassification upon failure to attain.-Within 6
months following the applicable attainment date for a PM-10
nonattainment area, the Administrator shall determine whether
the area attained the standard by that date. If the
Administrator finds that any Moderate Area is not in
attainment after the applicable attainment date-
(A) the area shall be reclassified by operation of law
as a Serious Area; and
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(B) the Administrator shall publish a notice in the
Federal Register no later than 6 months following the
attainment date, identifying the area as having failed to
attain and identifying the reclassification described under
subparagraph (A).
(c) Attainment Dates.- Except as provided under
subsection (d), the attainment dates for PM-10 nonattainment
areas shall be as follows:
(1) Moderate Areas.-For a Moderate Area, the attainment
date shall be as expeditiously as practicable but no letter
than the end of the sixth calendar year after the area's
designation as nonattainment, except that, for areas
designated nonattainment for PM-10 under section 107(d)(4),
the attainment date shall not extend beyond December 31,
1994.
(2) Serious Areas.- For a Serious Area, the attainment
date shall be as expeditiously as practicable but no letter
than the end of the tenth calendar year beginning after the
area's designation as nonattainment, except that, for areas
designated nonattainment for PM-10 under section 107(d) (4),
the date shall riot extend beyond December 31, 2001.
(d) Extension Of Attainment Date For Moderate Areas.-
Upon application by any State, the Administrator may extend
for 1 additional year (hereinafter referred to as the
'Extension Year1) the date specified in paragraph (c)(1) if-
(1) the State has complied with all requirements and
commitments pertaining to the area in the applicable
implementation plan; and
(2) no more than one exceedance of the 24-hour national
ambient air quality standard level for PM-10 has occurred in
the area in the year preceding the Extension Year, and the
annual mean concentration of PM-10 in the area for such year
is less than or equal to the standard level.
No more than 2 one-year extensions may be issued under
the subsection for a single nonattainment area.
(e) Extension of Attainment Date for Serious Areas.-
Upon application by any State, the Administrator may extend
the attainment date for a Serious Area beyond the date
specified under subsection (c), if attainment by the date
established under subsection (c) would be impracticable, the
State has complied with all requirements and commitments
pertaining to that area in the implementation plan, and the
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Section 188
State demonstrates to the satisifaction of the Administrator
that the plan for that area includes the most stringent
measures that are included in the implementation plan of any
State or are achieved in practice in any State, and can
feasibly be implemented in the area. At the time of such
application, the State must submit a revision to the
implementation plan that includes a demonstration of
attainment by the most expeditious alternative date
practicable. In determining whether to grant an extension,
the Administrator may consider the nature and extent of
nonattainment, the types and numbers of sources or other
emitting activities in the area (including the influence of
uncontrollable natural sources and transboundary emissions
from foreign countries), the population exposed to
concentrations in excess of the standard, the presence and
concentration of potentially toxic substances in the mix of
particulate emissions in the area, and the technological and
economic feasiblility of various control measures. The
Administrator may not approve an extension until the States
submit an attainment demonstration for the area. The
Administrator may grant at most one such extension for an
area, of no more than 5 years.
(f) Waivers for Certain Areas.-The Administrator may,
on a case-by-case basis, waive any requirement applicable to
any Serious Area under this subpart where the Administrator
determines that anthropogenic sources of PM-10 do not
contribute signifcantly to the violation of the PM standard
in the area. The Administrator may also waive a specific
date for attainment of the standard where the Administrator
determines that nonanthropogenic sources of PM-10 contribute
significantly to the violation of the PM-10 standard in the
area.
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Section 189
PLAN PROVISIONS AND SCHEDULES FOR PLAN SUBMISSIONS
Sec. 189.(a) Moderate Areas.-(1) Plan Provisions.-Each
State in which all or part of a Moderate Area is located
shall submit, according to the applicable schedule under
paragraph (2), an implementation plan that includes each of
the following:
(A) for the purpose of meeting the requirements of
section 172 (c) (5), a permit program providing that permits
meeting the requirements of section 173 are required for the
construction and operation of new and modified major
stationary sources of PM-10.
(B) Either (i) a demonstration (including air quality
modeling) that the plan will provide for attainment by the
applicable attainment date; or (ii) a demonstration that
attainment by such date is impracticable.
(C) Provisions to assure that reasonably available
control measures for the control of PM-10 shall be
implemented no later than December 10, 1993, or 4 years after
implemented and that the milestone has been met. A
demonstration under this subsection shall be submitted in
such form and manner, and shall contain such information and
analysis, as the Administrator shall require. The
Administrator shall determine whether or not a State's
demonstration under this subsection is adequate within 90
days after the Administrator's receipt of a demonstration
which contains the information and analysis required by the
Administrator.
(3) If a State fails to submit a demonstration under
paragraph (2) with respect to a milestone within the required
period or if the Administrator determines that the area has
not met any applicable milestone, the Administrator shall
require the State, within 9 months after such failure or
determination to submit a plan revision that assures that the
State will achieve the next milestone (or attain the national
ambient air quality standard for PM-10, if there is no next
milestone) by the applicable date.
(d) Failure to Attain.-In the case of a Serious PM-10
nonattainment area in which the PM-10 standard is not
attained by the applicable attainment date, the State in
which such area is located shall, after notice and
opportunity for public comment, submit within 12 months after
the appplicable attainment date, plan revisions which provide
for attainment of the PM-10 air quality standard and, from
the date of such submission until attainment, for an annual
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Section 189
reduction in PM-10 or PM-10 precusor emissions within the
area of not less than 5 percent of the amount of such
emissions as reported in the most recent inventory prepared
for such area.
(e) PM-10 Precursors.-The control requirements
applicable under plans in effect under this part for major
stationary sources of PM-10 shall also apply to major
stationary sources of PM-10 precursors, except where the
Administrator determines that such sources do not contribute
significantly to PM-10 levies which exceed the standard in
the area. The Administrator shall issue guidelines regarding
the application of the preceding sentence.
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Section 190
ISSUANCE OF RACM AND BACH GUIDANCE
Sec. 190, The Administrator shall issue, in the same
manner and according to the same procedure as guidance is
issued under section 108 (c), technical guidance on reasonably
available control measures and best avialable control
measures for urban fugitive dust, and emissions from
residential wood combustion (including curtailments and
exemptions from such curtailments) and prescribed
agricultural and agricutural burning, no later than 18 months
following the date of the enactment of the Clean Air Act
Amendment of 1990. The Administrator shall also examine
other categories of sources contributing to nonattainment of
the PM-10 standard, and determine whether additional guidance
on reasonably available control measures and best available
control measures is needed, and issue any such guidance no
later than 3 years after the date of the enactment of the
Clean Air Act Amendments of 1990. In issuing guidelines and
making determinations under this section, the Administrator
(in consultation with the State) shall take into account
emission reductions achieved, or expected to be achieved,
under title IV and other provisions of this Act.
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Section 191
Subpart 5--Additional Provisions for Areas Designed
Nonattainment for Sulfur Oxides,
Nitrogen Dioxide, or Lead
[Subpart 5 added by PL 101-549]
Plan Submission Deadlines
Sec. 191.(a) Submission.--Any State containing an area
designated or redesignated under section 107(d) as
nonattainment with respect to the national primary ambient
air quality standards for sulfur oxides, nitrogen dioxide, or
lead subsequent to the date of the enactment of the Clean Air
Act Amendments of 1990 shall submit to the Administrator,
within 18 months of the designation, an applicable
implementation plan meeting the requirements of this part.
(b) States Lacking Fully Approved State Implementation
Plans.-Any State containing an area designated nonattainment
with respect to national primary ambient air quality
standards for sulfur oxides or nitrogen dioxide under section
107(d) (1) (C) (i) , but lacking a fully approved implementation
plan complying with the requirements of this Act (including
part D) as in effect immediately before the date of the
enactment of the Clean Air Act Amendments of 1990, shall
submit to the Administrator, within 18 months of the date of
the enactment of the Clean Air Act Amendments of 1990, an
implementation plan meeting the requirements of subpart 1
(except as otherwise prescribed by section 192).
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Section 192
ATTAINMENT DATES
Sec. 192. (a) Plans Under Section 191(a) .-Implementation
plans required under section 191(a) shall provide for
attainment of the relevant primary standard as expeditiously
as practicable but no later than 5 years from the date of the
nonattainment designation.
(b) Plans Under Section 191(b).-Implementation plans
required under section 191(b) shall provide for attainment of
the relevant primary national ambient air quality standard
within 5 years after the date of the enactment of the Clean
Air Act Amendments of 1990.
(c) Inadequate Plans.-Implementation plans for
nonattainment areas for sulfur oxides or nitrogen dioxide
with plans that were approved by the Administrator before the
date of the enactment of the Clean Air Act Amendment of 1990
but subsequent to such approval, shall provide for attainment
of the relevant primary standard within 5 years from the date
of such finding.
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Section 193
Subpart 6--Savings Provisions
[Subpart 6 added by PL 101-549]
GENERAL SAVINGS CLAUSE
Sec. 193. Each regulation, standard, rule, notice, order
and guidance promulgated or issued by the Administrator under
this Act, as in effect before the date of the enactment of
the Clean Air Act Amendments of 1990 shall remain in effect
according to its terms, except to the extent otherwise
provided under this Act, inconsistent with any provision of
this Act, or revised by the Administrator. No control
requirement in effect, or required to be adopted by an order,
settlement agreement, or plan in effect before the date of
the enactment of the Clean Air Act Amendments of 1990 in any
area which is a nonattainment area for any air pollutant may
be modified after such enactment in any manner unless the
modification insures equivalent or greater emission
reductions of such air pollutant.
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APPENDIX D
RELEVANT SECTIONS OF TRANSPORTATION LAWS
FROM 23 CFR CHAPTER 1 (4-1-90 EDITION)
Section 150.100 Purpose.
The purpose of this subpart is to implement 23 U.S.C. 134 and
section 8 of the Urban Mass Transportation Act of 1964, as amended
(UMT Act) 49 U.S.C. 1607), which require that each urbanized area.
As a condition to the receipt of Federal capital or operating
assistance, have a continuing, cooperative, and comprehensive
transportation planning process that results in plans and programs
consistent with the comprehensively planned development of the
urbanized area. These plans and programs support transportation
improvements and subsequent project development activities in the
area.
Section 150.102 Applicability.
The provisions of this subpart are applicable to the
transportation planning process in urbanized areas.
Section 150.104 Definitions.
(a) Except as otherwise provided, terms defined in 23 U.S.C.
101(a) are used in this part as so defined.
(b) As used in this part:
(1) "Governor" means the Governor of any one of the fifty
States, or Puerto Rico, and includes the Mayor of the District of
Columbia.
(2) "Designated section 9 recipient means that organization
designated in accordance with section 9(m) or 5(b)(1) of the UMT
Act, as amended, as being responsible for receiving and dispensing
section 9 and/or section 5 funds.
(3) "Metropolitan planning organization" means that
organization designated as being responsible, together with the
State, for carrying out the provisions of 23 U.S.C. 134, as
provided in 23 U.S.C. 104 (f) (3), and capable of meeting the
requirements of sections 3 (e) (1), 5(1), 8 (a) and (c) and 9
(e) (3) (G) of the UMT Act (49 U.S.C. 1602 (e)(l), 1604(1), 1607 (a)
and (c) and 1607a (e) (3) (C) ) . The metropolitan planning
organization is the forum for cooperative transportation decision
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making.
(4) "Annual (or biennial) element" means a list of
transportation improvement projects proposed for implementation
during the first year (or 2 years) of the program period.
(5) "Transportation improvement program (TIP)" means a staged
multi-year program of transportation improvements including an
annual (or biennial) element.
Section 450.196 Metropolitan planning organization.
(a) Designation of a metropolitan planning organization shall
be made by agreement among the units of general purpose local
governmental and the Governor. To the extent possible, only one
metropolitan planning organization to the extent agreed to pursuant
to paragraph (a) of this section.
Section 450.108 Urban transportation planning process: Fundinq.
(a) Funds authorized by 23 U.S.C. 104(f) shall be made
available by the State to the metropolitan planning organization,
as required by 23 U.S.C. 104(f)(3).
(b) Funds authorized by section 8 of the UMT Act (49 U.S.C.
1607) shall be made available to the metropolitan planning
organization, to the extent possible, in urbanized areas with
populations of 200,000 or more or where the metropolitan planning
organization represents a group of contiguous or related urbanized
areas with an aggregate population of 200,000 or more. In
urbanized areas with populations below 200,000, such funds shall be
made available to the State , at the State's option, to allocate
among such urbanized area, to use for the benefit of such area with
the concurrence of the metropolitan planning organization. If the
State does not elect this option, these funds shall be made
available directly to the metropolitan planning organization, to
the extent possible.
(c) In urbanized areas with populations of 200,000 or more,
the State, metropolitan planning organization, and designated
section 9 or 9A funds recipient, where section 9 or 9A funds are
used for planning purposes, shall develop a unified planning work
program (UPWP) which describes urban transportation and
transportation related planning activities anticipated in the area
during the next 1 or 2-year period including the planning work to
be performed with Federal planning assistance and with funds
available under section 9 or 9A, if any. The UPWP shall be
endorsed by the metropolitan planning organization.
(d) In urbanized areas with populations below 200,000, the
State and the metropolitan planning organization (and where section
9 or 9A funds are to be used for planning, the designated
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recipient) shall cooperatively describe and document how Federal
planning funds and funds available under section 9 or 9A if any,
would be expended for planning in each area, who would do the work
and what work in general would be done. The work proposed shall be
endorsed by the metropolitan planning organization.
(e) The staff resources of other agencies (such as the State,
local government and transit operator staff) may be utilized where
appropriate to carry out the planning process, including the
activities funded with Federal planning funds, through contractual
agreements.
(The reporting requirements contained in paragraph (c) were
approved by the Office of Management and Budget under OMB control
number 2132 0031)
Section 450.110 Urban transportation planning process: Products.
The urban transportation planning process shall include the
deve1opment o f:
(a) A transportation plan describing policies, strategies and
facilities or changes in facilities proposed. The transportation
plan shall be formulated according to the requirements of 23 U.S.C.
134 and section 8 of the UMT Act (49 U. S.C. 1607) which include an
analysis of transportation system management strategies to made
more efficient use of existing transportation systems.
(b) A transportation improvement program (TIP) including
annual (or biennial) element a prescribed in Sub part B of this
part. The program shall be a staged multi-year program of
transportation improvement projects consistent with the
transportation plan.
(c) Other planning and project development activities deemed
necessary by State and local officials to assist in addressing
transportation issues in the area.
(The reporting requirements contained in paragraph (b) were
approved by the Office of Management and Budget under OMB control
number 2132 0529)
Section 450.112 Urban transportation planning process:
Participant responsibilities.
(a) The metropolitan planning organization, the State, and
publicly owned operators of mass transportation services shall
determine their mutual responsibilities in the development of the
planning work program, transportation plan and TIP specified in
Sections 450.108 and 450.110.
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(b) the metropolitan planning organization shall endorse the
transportation plan and TIP required by Sections 450.110 and
450.204. These endorsements are prerequisites for the approval of
programs of projects in urbanized areas pursuant to 23 U.S.C.
105(d) and 134(a), section 8 (c) of the UMT Act (49 U.S.C. 1607(c)),
and Sub part B of the part.
Section 450.114 Urban transportation planning process:
Certification.
(a) The urban transportation planning process shall include
activities to support the development and implementation of a
transportation plan and TIP/annual (or biennial) element and
subsequent project development activities including the
environmental impact assessment process. These activities shall be
included as necessary and to the degree appropriate for the size of
the metropolitan area and the complexity of its transportation
problems.
(b) The planning process shall be consistent with:
(1) Sections 8(e) and 3(e) (49 U.S.C. 1607 and 1602 (e)) of
the UMT Act concerning involvement of the appropriate public and
provide transportation providers;
(2) Title VI of the Civil Rights Act of 1964 and the Title VI
assurance executed by each State under 23 U.S.C. 324 and 29 U.S.C.
794.
(3) Section 105(f) of the Surface Transportation Assistance
Act of 1982 regarding the involvement of minority business
enterprises in FHWA and UMTA funded projects (Pub. L. 97-424,
section 105(f); 49 CFR Part 23); and
(4) Section 16 of the UMIT Act 49 U.S.C. 1612), section
165 (b) of the Federal-Aid Highway Act of 1973, as amended, and 49
CFR Part 27, which call for special efforts to plan public mass
transportation facilities and services that can effectively be
utilized by elderly and handicapped persons.
(c) At the time the TIP/annual (or biennial) element is
submitted, the State and the metropolitan planning organization
shall certify that the planning process is being carried on in
conformance with all applicable requirements of:
(1) 23 U.S.C. 134, section 8 of the UMT Act (49 U.S.C. 1607)
and these regulations;
(2) Sections 174 and 176 (c) and (d) of the Clean Air Act (42
U.S.C. 7504, 7506(c) and (d) ) .
Subpart B--Transportation Improvement Program
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Authority: 23 U.S.C. 105, 134 (a), and 135(b); sees. 3,5, and 8(c)
of the Urban Mass transportation Act of 1964, as amended (49 U.S.C.
1602, 1604 and 1607(c); sees. 174 and 176 of the Clean Air Act (42
U.S.C. 7504 and 7506); and 49CFR 1.48(b) and 1.51.
Source: 48 FR 30350, June 30, 1983, unless otherwise noted.
Section 450.200 Purpose.
The purpose of this subpart is to establish regulations for
the development, content, and processing of a cooperatively
developed transportation improvement program (TIP) in urbanized
areas.
Section 450.202 Applicability.
(a) the provisions of this subpart shall be applicable to
projects in or serving urbanized areas with funds made available
under:
(1 23 U.S.C. 104 (b) (6) (urban system projects);
(2) 23 U.S.C. 103 (e) (4) (Interstate substitution projects);
(3) Sections 3, 5, 9, and 9A of the Urban Mass Transportation
Act of 1964, as amended (UMT Act) (49 U.S.C. 1602, 1604, 1607a and
1607a-l) (UMTA capital and operating assistance projects);
(4) 23 U.S.C. 104 (b) (1) (projects on extensions of primary
systems in urbanized areas), except as provided in this subpart.
(5) 23 U.S.C. 104(b)(5) (A) and (B) (projects on the
Interstate System), except as provided in this subpart.
(6) 23 U.S.C. 144 (highway bridge replacement and
rehabilitation projects), except as provided in this subpart.
(b) Projects under paragraphs (a) (4), (5) and (6) of this
section which are for resurfacing, restoration, rehabilitation,
reconstruction (4R), or highway safety improvement; and which will
not alter the functional traffic capacity or capability of the
facility being improved may be excluded from the TIP including its
annual (or biennial) element by agreement between the State and the
metropolitan planning organization.
Section 450.204 Transportation Improvement Program: General.
•(a) The ,TIP, including the annual (or biennial) element,
shall be developed by the metropolitan planning organization, the
State and publicly owned operators of mass transportation services
in cooperation with recipients authorized under sections 5, 9, or
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9A of the UMT Act (49 U.S.C. 1604, 1607a or
1607a-l).
(b) The TIP shall as a minimum: (1) Consist of Improvements
from the transportation plan developed under Section 450,110(a) and
recommended for Federal funding during the program period;
(2) Cover a period of not less than 3 years;
(3) Indicate the area's priorities; and
(4) Include realistic estimates of the total costs and
revenues for the program period.
(c) The metropolitan planning organization endorsement of the
TIP including the annual (or biennial) element is a prerequisite
for the approval of programs of projects in urbanized areas
pursuant to 23 U.S.C. 105(d) and 134(a), and section 8(c) of the
UMT Act (49 U.S.C. 1607(c)). The State, metropolitan planning
organization, and publicly owned operators of mass transportation
services are encouraged to develop simplified procedures for
updating or modifying an endorsed annual (or biennial) element.
(d) The TIP including the annual (or biennicil) element shall
be submitted:
(1) To the Governor and the Urban Mass Transportation
Administrator, and
(2) Through the State to the Federal Highway Administrator
for use as a basis for meeting the applicable air quality
procedures contained in 23 CFR Part 770 and for the subsequent
approval of the statewide program of projects under 23 U.S.C. 105
in accordance with Section 450. 212 and 23 CFR Part 630.
Section 450.206 Annual (or biennial) element; Project selection.
(a) Federally funded projects shall be selected for inclusion
in the annual (or biennial) element at all phases in the
development of the transportation improvement for which program
action is proposed. The projects to be included in the annual (or
biennial) element of the TIP shall be selected in accordance with:
(1) State and local law;
(2) 23 U.S.C. 105(d) regarding the selection of urban system
projects by the appropriate local officials with concurrence of the
State highway depeirtment;
(3) 23 U.S.C. 103(e)(4) and 23 CFR Part 476 regarding the
selection of Interstate substitution projects by the responsible
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local officials; and
(4) Procedures acceptable to the State highway department,
the metropolitan planning organization, and local public transit
operating officials.
(b) The endorsement of the annual (or biennial) element of
the TIP by the metropolitan planning organization constitutes the
selection of the projects by local officials pursuant to 23 U.S.C.
105(d) and 23 U.S.C. 103(e) (4) .
Section 450.208 Annual (or biennial) element; Content.
(a) Except as provided in Section 450.210(b)(3) nd (4), the
annual (or biennial) element shall contain projects selected under
Section 450.206 and endorsed under Section 450.204.
(b) With respect to each project under paragraph (a) of this
section the annual (or biennial) element shall include:
(1) Identification of the projects, including the phase of
phases proposed for implementation.
(2) Estimated total cost and the amount of Federal funds
proposed to be obligated during the program period.
(3) Proposed source of Federal and non-Federal matching
funds; and
4) Identification of the recipient and State and local
agencies responsible for carrying out the project.
(c) Projects proposed for Federal funding that are not
considered to be of appropriate scale for individual inclusion in
the annual (or biennial) element may be grouped by functional
classification, geographic area or work type.
(d) The annual (or biennial) element shall be reasonably
consistent with the amount of Federal funds expected to be
available to the area. Federal funds that have been allocated to
the area pursuant to 23 U.S.C. 150 shall be identified.
(e) The total Federal share of projects included in the
annual (or biennial) element and proposed for funding under
sections 5, 9, or 9A of the UMT Act (49 U.S.C. 1604, 1607a and
1607a 1) may not exceed apportioned section 5 or 9A funds available
to the urbanized area during the program year (or 2 years).
Section 450.210 Selection of projects for implementation.
(a) The projects proposed to be implemented with Federal
assistance under section 3, 5, 9 and 9A of the UMT Act (49 U.S.C.
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1602, 1604, 1607a and 1607a-l) and nonhighway public mass transit
projects under 23 U.S.C. 103 (e) (4) shall be those contained in the
annual (or biennial) element of the TIP submitted to the Urban Mass
Transportation Administrator.
(b) Upon receipt of the TIP, the State shall include in the
statewide program of projects required under 23 U.S.C. 105:
(1) Those projects drawn from the annual (or biennial)
element and proposed to be implemented with Federal assistance
under 23 U.S.C. 104 (b) (6) (Federal-aid urban system) in which the
State concurs) : provided, however, that in case any where the
State does not concur in a nonhighway public mass transit project,
a statement describing the reasons for the nonconcurrence shall
accompany the statewide program of projects.
(2) Those projects drawn from the annual (or biennial)
element and proposed to be implemented with Federal assistance
under 23 U.S.C. 104 (b) (s) (projects on urban extensions of the
Federal-aid primary system) and 23 U.S.C. 144 (highway bridge
replacement and rehabilitation projects), in which it concurs;
(3) Those projects not drawn from the annuail (or biennial)
element that are proposed to be implemented with Federal assistance
under 23 U.S.C. 104(b)(6) (Federal-aid highway urban system), 23
U.S.C. 104 (b) (1) (Projects on urban extensions of the Federal-aid
primary system) and. 23 U.S.C. 104 (b) (5) (Projects on the Interstate
System) provided that :
(i) Previous phases of such project or projects were selected
pursuant to Section 450.206, and advanced;
(ii) Such project or projects are for highway transportation
improvements for which there has been a Federal authorization to
acquire right-of-way or Federal approval of physical construction
or implementation where right-of-way acquisition was not previously
federally funded; and
(iii) A statement accompanies the statewide program of
projects
which includes for such projects the views of the metropolitan
planning organization and indicates how the requirements of 23
U.S.C. 134(a) have been met; and
(4) Those projects not drawn from the annual (or biennial)
element that were; excluded under Section 450.202 (b) and are
proposed to be implemented.
(c) The preparation and endorsement of the TIP, the selection
of projects in accordance with this subpart, and the agreement
under Section 450.202(b), if any, will meet the requirements of 23
U.S.C. 105(d), 23 U.S.C. 134(a) and section 8(c) of the UMT Act (49
U.S.C. 1607(c)).
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(d) The State shall notify the appropriate metropolitan
planning organizations of the 23 U.S.C. 105 program actions taken
on projects in each urbanized area.
Section 450.212 Program approval.
(a) Upon the determination by the Federal Highway
Administrator and the Urban Mass Transportation Administrator that
the TIP or portion thereof is in conformance with this subpart and
that the planning process in conformance with Subpart A, programs
of projects and Interstate Substitution projects selected for
implementation under Sections 450.210 and 450.206, respectively
will be considered for approval as follows:
(1) Federal-aid urban system projects included in the
statewide program of projects under 23 U.S.C. 105 will be approved
by:
(i) The Federal Highway administrator with respect to highway
projects;
(ii) The Federal Highway Administrator and the Urban Mass
Transportation Administrator jointly in any case where the
statewide program of projects submitted pursuant to 23 U.S.C. 105
does not include all Federal aid urban system nonhighway public
mass transit projects contained in the annual (or biennial)
element.
(2) Interstate substitution nonhighway public mass transit
projects included in the annual (or biennial) element will be
approved by the Urban Mass Transportation Administrator.
(3) Projects proposed to be implemented under sections 3, 5,
9, and 9A of the UMT act (49 U.S.C. 1602, 1604, 1607a and 1607a 1)
included in the annual (or biennial) element will be approved by
the Urban Mass Transportation Administrator after considering any
comments received from the Governor within 30 days of the submittal
required by Section 450.204(d)(1) .
(4) Federal-aid urban extensions of primary projects,
Interstate projects and highway bridge replacement and
rehabilitation projects included in the statewide program of
projects under 23 U.S.C. 105 will be approved by the Federal
Highway Administrator.
(b) Approvals by the Federal Highway Administrator or joint
approvals by the Federal Highway Administrator or joint approvals
by the Federal Highway Administrator and Urban Mass Transportation
Administrator will be in accordance with the provisions of this
subpart and with 23 CFR Part 630, Subpart A. These approvals will
constitute:
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(1) The approval required under 23 U.S.C. 105; and
(2) A finding that the program is based on a continuing,
cooperative and comprehensive transportation planning process
carried on in accordance with the provisions of section 8 of the
UMT Act (49 U.S.C. 1607), as applicable;
(3) A finding that the projects are needed to carry out a
program for a unified officially coordinated urban transportation
system in accordance with the provisions of section 3 (e) (1),5(1),
or 8(c) of the UMT Act (49 U.S.C. 1602 (e) (1), 1604(1) or 1607(c),
as applicable; and
(4) In nonattainment areas which require transportation
control measures, a finding that the program conforms with SIP in
accordance with procedures in 49 CFR Part 623.
10
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APPENDIX E
Summary of the Transportation-Related Provisions
of the Clean Air Act Amendments of 1990
Planning Procedures
This section provides for review and update, if necessary, of air
quality planning procedures. It provides for assigning
responsibilities for plan development and implementation. The 1977
amendment to the CAA made it clear that the MPO should be the
organization to develop the transportation portion of the SIP. The
1990 CAAA is less clear on this point. For example, the new Act
indicates that the State certified organization for preparing the
SIP shall include locally elected officials, and representatives of
the State air quality planning agency, the State transportation
planning agency, the MPO, the organization responsible for the air
quality maintenance planning process, and any other organization
responsible for developing, submitting, or implementing the SIP.
The committee report that accompanied the Senate bill indicates
that this provision should not require changes in existing
responsibilities where relevant State, local and regional agencies
have, within the last 2 years, reviewed these issues and reached
agreement.
Transportation Planning Guidance
The EPA is required to update the 1978 transportation/air quality
planning guidelines within 9 months after enactment and after
consultation with DOT and public comment. These guidelines are
intended to provide a framework for a continuous transportation/air
quality planning process, and provide guidance on the development
and implementation of transportation-related and other measures
deemed necessary to attain and maintain the national ambient air
quality standards (NAAQS).
Emission Reduction Requirements In Moderate And Higher
Classification Ozone Nonattainment Areas
Within 3 years of enactment, States with moderate ozone
nonattainment areas must submit SIP revisions that demonstrate
emission reductions of volatile organic compounds, within 6 years
of enactment of at least 15 percent, accounting for any growth in
emissions that occur after enactment. Emission reductions from
motor vehicle exhaust or evaporative emissions, promulgated by EPA
by January 1, 1990, or controls on fuel volatility promulgated by
EPA after enactment of the CAAA of 1990 cannot be credited toward
the required 15 percent reductions. Measures required to correct
SIPs under EPA guidance, and measures required to correct
inspection and maintenance (I/M) programs also cannot be credited
toward the demonstration of the 15 percent reduction.
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19S>2 Transportation and Air Quality Planning Guidelines
Appendix E
Within 4 years of enactment, Serious, Severe and Extreme areas have
to submit SIP revisions that demonstrate VOC reductions that
average 3 percent per year each consecutive 3-year period beginning
6 years after enactment.
Transportation Control Provisions In Serious And Higher
Classification Ozone Nonattainment Areas
Beginning 6 years after enactment and each third year thereafter,
States must submit data demonstrating whether aggregate vehicle
mileage, aggregate vehicle emissions, and congestion levels are
consistent with projected levels included in the SIP. Where the
monitored levels exceed projected levels, SIP revisions that
include TCMs are due within 18 months that will reduce emissions to
levels that are consistent with those contained in the SIP which
demonstrated attainment of the air quality standards. The
revisions are to be developed in accordance with guidance issued by
EPA.
Vehicle Miles Traveled Provisions In Severe And Higher
Classification Ozone Nonattainment, Areas
Within 2 years of enactment, States with severe ozone nonattainment
areas must submit SIP revisions that identify and adopt TCMs to
offset any growth in emissions from growth in VMT or growth in
vehicle trips. Employers of 100 or more will need to reduce work-
related trips and VMT of their employees in accordance with
guidance issued by EPA.
Traffic Control Measures During Heavy Traffic Hours
In Extreme Ozone Nonattainment Areas
Currently, Los Angeles is the only area that is classified as
Extreme. Its SIP revisions may contain provisions to reduce the
use of high polluting or heavy-duty vehicles during heavy traffic
hours.
Vehicles Miles Traveled Provisions In Carbon Monoxide
Nonattainment Areas
Within 2 years of enactment, CO nonattainment areas with design
values above 12.7 ppm must revise their SIPs to contain annual
forecasts of VMT in the area for each year until attainment. The
forecasts must be made in accordance with guidance issued by EPA,
in consultation with DOT, within 6 months of enactment. The SIP
revisions must include contingency provisions to provide for the
implementation of specific measures to be undertaken if VMT levels
exceed the amount forecast or it the area fails to attain the CO
standards on time. The contingency measures are to take effect
without further action by the State or EPA.
Vehicle Miles Traveled Provisions In Serious
Carbon Monoxide Nonattainment Areas
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1992 Transportation and Air Quality Planning Guid«lin««
Appendix E
Within 2 years of enactment, Serious CO nonattainment areas must
revise their SIPs to provide for the identification and adoption of
TCMs to offset any growth in emissions from growth in VMT or growth
in vehicle trips.
Failure To Meet CO Emission Reduction Milestone
By March 31, 1996, Serious CO nonattainment areas must submit data
to EPA demonstrating that they have achieved CO emission reductions
equal to the total specified annual emission reductions required by
December 31, 1995. If a State fails to make the submission or
achieve the total reductions, the State must submit a SIP revision,
within 9 months of notification, to implement an economic incentive
and transportation control program. The program may include
incentives and requirements to reduce vehicle emissions and VMT,
including TCMs.
Miscellaneous Guidance On Transportation Control Measures
The EPA after consultation with DOT and public comment, must issue
information on the emission reduction potential of TCMs for
attaining the standards. A list of 16 TCMs, which is not intended
to be all inclusive, is presented. The information is to be
published and made available to Federal, State, and local
transportation and environmental agencies within 1 year of
enactment of the CAAA.
Transportation System Impacts On Clean Air
The DOT and EPA must submit a report to Congress by January 1,
1993, and every 3 years thereafter. The report must contain the
results of reviews of State and local air quality-related
transportation programs, including the adequacy of funding for
transportation projects identified in the SIP. It must also
evaluate the extent to which the DOT's existing air quality-related
transportation programs and proposed budget will achieve the goals
of the CAAA. Finally, it must include recommended changes, if any,
to existing programs and proposed budgets as well as to any
statutory authority relating to air quality-related transportation
programs that would improve the achievement of the goals of the
CAAA. Each report after the first one must include the disposition
of recommendations from the preceding report.
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IX F
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APPENDIX F
REQUIRED STATE SUBMITTALS AND ACTIONS
Submittal/Action
By March 15, 1991
(120 days after enactment)1
A request for more time to study
boundaries foe serious+ area that
was designated and classified as of
enactment (due 45 days after
classification)
List of all areas with proposed
designations and boundaries (except
boundaries for serious+ areas with
request for more time to study
A request for more time to study
boundaries for serious+ area that
was designated and classified at 240
days after enactment (request to be
in March 15, 1991, submittal; latest
date for request is August 27, 1991)
Commitment to submit SIP revision to
correct I/M program (i.e., implement
previously-required
program) ("immediate submittal" of
revisions for I/M)
Commitment to submit SIP revision to
implement basic I/M program
("immediate submittal" of revision
for I/M) (plus serious areas where
urbanized population greater than
200,000)
By May 15, 1991 (6 Months
after enactment)
Submit RACT Corrections
Northeast ozone transport commission
convened (applies to Northeast
region)
Ozone
Classification
M
a
r
g
i
n
a
1
X
X
V
yy
M
0
d
e
r
a
t
e
X
X
X
s
e
r
i
o
u
s
X
X
X
X
s
e
V
e
r
e
X
X
X
X
E
X
t
r
e
m
e
X
X
X
X
CO
Classification
Moderate
X
X
S
e
r
i
o
u
s
X
X
X
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Submittal/Action
By November 15, 1991
(12 Months after enactment)
Implement basic I/M program
By May 15, 1992
(18 Months after enactment)
Commence actions to adopt and
implement enhanced monitoring
program
By November 15, 1992
(24 months after enactment)
Submit comprehensive emission
inventory
Submit requirements for emission
statements
Submit VOC RACT rules (existing
CTG's; non-CTG major source)
Submit Nox RACT rules (unless
demonstrate not appropriate)
Submit NSR rules (VOC and NOx)
Submit State II vapor recovery
program
Submit Enhanced I/M program; begin
implementation
Submit requirements for transport
region (VOC, NOx, RACT, and NSR;
Enhanced I/M) (applies across
transport region)
Submit conformity requirements
Submit measure for reducing VMT
Submit CO attainment demonstration
Submit contingency measures (if VMT
forecast exceeded)
Ozone
Classification
M
a
r
g
i
n
a
1
X
X
X
X
X
M
o
d
e
r
a
t
e
X
X
X
X
X
X
X
X
s
e
r
i
o
u
s
X
X
X
X
X
X
X
X
X
s
e
V
e
r
e
X
X
X
X
X
X
X
X
X
X
E
X
t
r
e
m
e
X
X
X
X
X
X
X
X
X
X
CO
Classification
Moderate
X
X
X
X
s
e
r
i
o
u
3
X
X
X
X
X
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Submittal /Action
Submit transportation control
measures (TCMs)
Submit revision requiring employer
trip reduction programs (25% vehicle
occupancy rate reduction)
Submit oxygenated fuels program
By November 15, 1993
(36 Months after enactment)
Submit "15% SIP" (i.e., measures
showing 15% reduction in VOC
baseline)
Submit demonstration re: additional
VOC, NOx reductions as necessary to
attain
Submit NSR program (CO)
By November 15, 1994
(4 years after enactment)
Submit attainment demonstration
(photochemical dispersion modeling)
Submit RFP demonstration showing 3%
average annual reductions commencing
6 years after enactment
Submit contingency measures for
failures to meet milestones
Submit clean-fuel vehicle program
Submit Stage II program (or "reflect
comparable measures") in transport
region
Submit plans to incorporate EPA' s
emission diagnostic rules (estimated
time)
Ozone
Classification
M
a
r
g
i
n
a
1
X
M
o
d
e
r
a
t
e
X
X
X
S
e
r
i
o
u
s
X
X
X
X
X
X
s
e
V
e
r
e
X
X
X
X
X
X
X
X
E
X
t
r
e
m
e
X
X
X
X
X
X
X
X
CO
Classification
Moderate
X
X
S
e
r
i
o
u
s
X
X
X
1.Certain Submittals/actions may actually be required before the end of the time period specified. Check the
narrative portion of the document for specific submittal time schedules.
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APPENDIX G
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APPENDIX G
SELECTED PORTIONS OF
THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
Section 149, Congestion mitigation and air quality improvement
program
"(a) Establishment.--The Secretary shall establish a
congestion mitigation and air quality improvement program in
accordance with this section.
"(b) Eligible Projects.--Except as provided in subsection (c) ,
a State may obligate funds apportioned to it under section 104b) (2)
for the congestion mitigation and air quality improvement program
only for a transportation project or program--
"(1)(A) if the Secretary, after consultation with the
Administrator of the Environmental Protection Agency, determines,
on the basis of information published by the Environmental
Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air
Act (other than clauses (xii) and (xvi) of such section), that the
project or program is likely to contribute to the
attainment of a national ambient air quality standard; or
" (B) in any case in which such information is not
available, if the Secretary, after such consultation, determines
that the project or program is part of a program, method, or
strategy described in such section;
"(2) if the project or program is included in a State
implementation plan that has been approved pursuant to the Clean
Air Act and the project will have air quality benefits; or
" (3) the Secretary, after consultation with the
Administrator of the Environmental Protection Agency, determines
that the project or program is likely to contribute to the
attainment of a national ambient air quality standards, whether
through reductions in vehicle miles traveled, fuel consumption, or
through other factors.
No funds may be provided under this section for a project which
will result in the construction of new capacity available to single
occupant vehicles unless the project consists of a high occupancy
vehicle facility available to single occupant vehicles only at
other than peak travel times.
"(c) States Without a Nonattainment Area.--If a State does
not have a nonattainment area for ozone or carbon monoxide
-------
under the Clean Air Act located within its borders, the State may
use funds apportioned to it under section 104b) (2) for any project
eligible for assistance under the surface transportation program.
"(d) Applicability of Planning Requirements.--Programming and
expenditure of funds for projects under this section shall be
consistent with the requirements of sections 134 and 135 of this
title."
(b) Apportionment.--Section 104 (b) (2) of such title is
amended to read as follows:
"(2) Congestion Mitigation and Air Quality Improvement
Program.--For the congestion mitigation and air quality improvement
program, in the ratio which the weighted nonattainment area
population of each State bears to the total weighted nonattainment
area population of all States. The weighted nonattainment area
population shall be calculated by multiplying the population of
each area within any State that is a nonattainment area (as defined
in the Clean Air Act) for ozone by a factor of--
"(A) 1.0 if the area is classified as a marginal ozone
nonattainment area under subpart 2 of part D of title I of the
Clean Air Act/
" (B) 1.1 if the area is classified as a moderate ozone
nonattainment area under such subpart;
"(C) 1.2 if the area is classified as a serious ozone
nonattainment area under such subpart/
"(D) 1.3 if the area is classified as a severe ozone
nonattainment area under such subpart/ or
" (E) 1.4 if the area is classified as an extreme ozone
nonattainment area, under such subpart.
If the area is also classified under subpart 3 of part D of title
I of such Act as a nonattainment area for carbon monoxide, for
purposes of calculating the weighted nonattainment area population,
the weighted nonattainment area population of the area, as
determined under the preceding provisions of this paragraph, shall
be further multiplied by a factor of 1.2. Notwithstanding any
provision of this paragraph, in the case of States with a total
1990 census population of 15,000,000 or greater, the amount
apportioned under this paragraph in a fiscal year to all of such
States in the aggregate, shall be distributed more than 42 percent
of the aggregate amount so apportioned to all of such states.
Notwithstanding any other provision of this paragraph, each State
shall receive a minimum apportioned of 1/2 of 1 percent of the
funds apportioned under this paragraph. The Secretary shall use
-------
estimates prepared by the Secretary of Commerce when determining
population figures."
(c) Conforming Amendment.--The analysis for chapter 1 of such
title is amended by striking
"149. Truck lanes>"
and inserting
"149. Congestion mitigation and air quality improvement program."
Section 134. Metropolitan planning
"(a) General Requirements.--It is in the national interest to
encourage and promote the development of transportation systems
embracing various modes of transportation in a manner which will
efficiently maximize mobility of people and goods within any
through urbanized areas and minimize transportation-related fuel
consumption and air pollution. To accomplish this objective,
metropolitan planning organizations, in cooperation with the State,
shall develop transportation plans and programs for urbanized areas
of the State. Such plans and programs shall provide for the
development of transportation facilities (including pedestrian
walkways and bicycle transportation facilities) which will function
as an intermodal transportation system for the State, the
metropolitan areas, and the Nation. The process for developing
such plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the complexity of
the transportation problems.
"(b) Designation of Metropolitan Planning Organizations,--
"(1) In General.--To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area of more
than 50,000 population by agreement among the Governor and units of
general purpose local government which together represent at least
75 percent of the affected population (including the central city
or cities as defined by the Bureau of the Census) or in accordance
with procedures established by applicable State or local law.
(2) Membership of Certain MPO's.--In a metropolitan area
designated as a transportation management area, the metropolitan
planning organization designated for such area shall include local
elected officials, officials of agencies which administer or
operate major modes of transportation in the metropolitan area
(including all transportation agencies included in the metropolitan
planning organization on June 1, 1991) and appropriate State
officials. This paragraph shall only apply to a metropolitan
planning organization which is redesignated after the date of the
enactment of this section.
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"(3) Limitation on Statutory Construction.--Nothing in this
subsection shall be construed to interfere with the authority,
under any State law in effect on the date of the enactment of this
section, of a public agency with multimodal transportation
responsibilities to--
"A) develop plans and programs for adoption by a metropolitan
planning organization; and
"(B) develop long-range capital plans, coordinate transit
services and projects, and carry out other activities pursuant to
State law.
"(4) Continuing Designation.--Designations of metropolitan
planning organizations, whether made under this section or other
provisions of law, shall remain in effect until redesignated under
paragraph (5) or revoked by agreement among the Governor and units
of general purpose local government which together represent at
least 75 percent of the affected population o>r as otherwise
provided under State or local procedures.
"(5) Redesignation.--
"(A) Procedures.--A metropolitan planning organization may be
redesignated by agreement among the Governor and units of general
purpose local government which together represent at least 75
percent of the affected population (including the central city or
cities as defined by
the Bureau of the Census) as appropriate to carry out this section.
" (B) Certain Requests to Redes ignat e. --A metropolitan planning
organization shall be redesignated upon request of a unit or units
of general purpose local government representing at least 25
percent of the affected population (including the central city or
cities as defined by the Bureau of the Census) in any urbanized
area (i) whose population is more than 5,000,000 but less than
10,000,000, or (ii) which is an extreme nonattainment are for ozone
or carbon monoxide as defined under the Clean Air Act. Such
redesignation shall be accomplished using procedures established by
subparagraph (A).
" (6) Treatment of Large Urban Areas.--More than 1 metropolitan
planning organization may be designated within an urbanized area as
defined by the Bureau of the Census only if the Governor determines
that the size and complexity of the urbanized area make designation
of more than 1 metropolitan planning organization for such area
appropriate.
"(c) Metropolitan Area Boundaries.--For the purposes of this
section, the boundaries of a metropolitan area shall be determined
by agreement between the metropolitan planning organization arid the
-------
Governor. Each metropolitan area shall cover at least the existing
urbanized area and the contiguous area expected to become urbanized
within the 20-year forecast period and may encompass the entire
metropolitan statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the Census. For
areas designated as nonattainment areas for ozone or carbon
monoxide under the Clean Air Act, the boundaries of the
metropolitan area shall at least include the boundaries of the
nonattainment area, except as otherwise provided by agreement
between the metropolitan planning organization and the Governor.
"(d) Coordination in Multistate Areas--
"(1) In General.--The Secretary shall establish such
requirements as the Secretary considers appropriate to encourage
Governors and metropolitan planning organizations with
responsibility for a portion of a multi-State metropolitan area to
provide coordinated transportation planning for the entire
metropolitan area.
"(2) Compacts.-- The consent of Congress is hereby given to 2
for more States to enter into agreements or compacts, not in
conflict with any law of the United States, for cooperative efforts
and mutual assistance in support of activities authorized under
this section as such activities pertain to interstate areas and
localities within such States and to establish such agencies, joint
or otherwise, as such States may deem desirable for making such
agreements and compacts effective.
"(e) Coordination of MPO's.—If more than 1 metropolitan
planning organization has authority within a metropolitan area or
an area which is designated as a nonattainment area for ozone or
carbon monoxide under the Clean Air Act, each metropolitan planning
organization shall consult with the other metropolitan planning
organizations designated for such area and the State in the
coordination of plans and programs required by this section.
"(f) Factors to be Considered.—In developing transportation
plans and programs pursuant to this section, each metropolitan
planning organization shall, at minimum, consider the following:
"(1) Preservation of existing transportation plans and
programs pursuant to this section, each metropolitan planning
organization shall, at a minimum, consider the following;
"(2) The consistency of transportation planning with
applicable Federal, State, and local energy conservation programs,
goals, and objectives.
" (3) The need to relieve congestion and prevent congestion
from occurring where it does not yet occur.
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"(4) The likely effect of transportation policy decisions on
land use and development and the consistency of transportation
plans and programs with the provisions of all applicable short-and
long-term land use and development plans.
" (5) The programming of expenditure on transportation
enhancement activities as required in section 133.
"(6) The effects of all transportation projects to be
undertaken within the metropolitan area, without regard to whether
such projects are publicly funded.
"(7) International border crossings and access to ports,
airports, intermodal transportation facilities, major freight
distribution routes, national parks, recreation areas, monuments
and historic sites, and military installations.
" (8) The need for connectivity of roads within the
metropolitan area with roads outside the metropolitan area.
"(9) The transportation needs identified through use of the
management systems required by section 303 of this title.
" (10) Preservation of rights-of-way for construction of future
transportation projects, including identification of unused rights-
of-way which may be needed for future transportation corridors and
identification of those corridors for which action is most needed
to prevent destruction or loss.
"(11) Methods to enhance the efficient movement of freight.
" (12) The use of life-cycle costs in the design and
engineering of bridges, tunnels, or pavement.
"(13) The overall social, economic, energy, and environmental
effects of transportation decisions.
"(14) Methods to expand and enhance transit services amd to
increase the use of such services.
"(15) Capital investments that wold result in increased
security in transit systems.
"(g) Development of Long Range Plan.--
" (1) In General.--Each metropolitan planning organization
shall prepare, and update periodically, according to schedule that
the Secretary determines to be appropriate, a long range plan for
its metropolitan area in accordance with the requirements of this
subsection.
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"(2) Long Range Plan.--A long range plan under this section
shall be in a form that the Secretary determines to be appropriate
and shall, at a minimum:
"(A) Identify transportation facilities (including but not
necessarily limited to major roadways, transit, and multimodal and
intermodal facilities) that should function as an integrated
metropolitan transportation system, giving emphasis to those
facilities that serve important national and regional
transportation functions. In formulating the long range plan, the
metropolitan planning organization shall consider factors described
in subsection (f) as such factors relate to a 20-year forecast
period.
"(B) Include a financial plan that demonstrates how the long-
range plan can be implemented, indicates resources from pubic and
private sources that are reasonably expected to be made available
to carry out the plan, and recommends any innovative financing
techniques to finance needed projects and programs, including such
techniques as value capture, tolls nd congestion pricing.
"(C) Assess capital investment and other measures necessary
to—
" (i) ensure the preservation of the existing metropolitan
transportation system, including requirements for operational
improvements, resurfacing, restoration, and rehabilitation of
existing and future transit facilities/ and
"(ii) make the most efficient use of existing transportation
facilities to relieve vehicular congestion and maximize the
mobility of people and goods.
" (D) Indicate as appropriate proposed transportation
enhancement activities.
"(3) Coordination with Clean Air Act Agencies.--In
metropolitan areas which are in nonattainment for ozone or carbon
monoxide under the Clean Air Act, the metropolitan planning
organization shall coordinate the development of a long range plan
with the process for development of the transportation control
measures for the State implementation plan required by the Clean
Air Act.
"(4) Participation by Interested Parties.--Before approving a
long range plan, each metropolitan planning organization shall
provide citizens, affected public agencies, representatives of
transportation agency employees, private providers of
transportation, and other interested parties with reasonable
opportunity to comment on the long range plan, in a manner that the
Secretary deems appropriate.
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"(5) Publication of Long Range Plan.--Each long range plan
prepared by a metropolitan planning organization shall be--
"(i) published or otherwise made readily available for pubic
review; and
"(ii) submitted for information purposes to the Governor at
such times and in such manner as the Secretary shall establish.
"(h) Transportation Improvement Program.--
"(1) Development.--The metropolitan planning organization
designated for a metropolitan area, in cooperation, with the State
and affected transit operators, shall develop a transportation
improvement program for the area for which such organization is
designated. In developing the program, the metropolitan planning
organization shall provide citizens, affected employee
representatives, private providers of transportation, and other
interested parties with a reasonable opportunity to comment on the
proposed program. The program shall be updated at least once every
2 years and shall be approved by the metropolitan planning
organization and the Governor.
"(2) Priority of Projects.--The transportation improvement
program shall include the following:
"(A) A priority list of projects and project segments to be
carried out within each 3 -year period after the initial adoption
of the transportation improvement program.
" (B) A financial plan that demonstrates how the transportation
improvement program can be implemented, indicates resources from
public and private sources that are reasonably expected to be made
available to carry out the plan, and recommends any innovative
financing techniques to finance needed projects and programs,
including value capture, tolls, and congestion pricing.
"(3) Selection of Projects.--Except as otherwise provided in
subsection (i) (4) , project selection in metropolitan areas for
projects involving Federal participation shall be carried out by
the State in cooperation with the metropolitan planning
organization and shall be in conformance with the transportation
improvement program for the area.
"(4) Major Capital Investments.--Not later than 6 months
after the date of enactment of this section, the Secretary shall
initiate a rulemaking proceeding to conform review requirements for
transit projects under the National Environmental Policy act of
1069 to comparable requirements under such Act applicable to
highway projects. Nothing in this section shall be construed to
affect the applicability of such Act to transit or highway
projects.
8
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" (5) Included Projects.--A transportation improvement program
for a metropolitan area developed under this subsection shall
include projects within the area which are proposed for funding
under this title and the Federal Transit Act and which are
consistent with the long range plan developed under subsection (g)
for the area. The program shall include a project, or an
identified phase of a project, only if full funding can reasonably
be anticipated to be available for the project within the time
period contemplated for completion of the project.
"(6) Notice and Comment.-- Before approving a transportation
improvement program, a metropolitan planning organization shall
provide citizens, affected public agencies, representatives of
transportation agency employees, private providers of
transportation, and other interested parties with reasonable notice
of and an opportunity to comment on the proposed program.
"(i)Transportation Management Areas.--
"(1) Designation.--The Secretary shall designate as
transportation management areas all urbanized areas over 200,000
population. The Secretary shall designate any additional area as
a transportation management area upon the request of the Governor
and the metropolitan planning organization designated for such area
or the affected local officials. Such additional areas shall
include upon such a request the Lake Tahoe Basin s defined by
Public Law 96-551.
"(2) Transportation Plans and Programs.--Within a
transportation management area, transportation plans and programs
shall be based on a continuing and comprehensive transportation
planning process carried out by the metropolitan planning
organization in cooperation with the State and transit operators.
"(3) Congestion Management System.--Within a transportation
management area, the transportation planning process under this
section shall include a congestion management system that provides
for effective management of new and existing transportation
facilities eligible for funding under this title and the Federal
Transit Act through the use of travel demand reduction and
operational management strategies. The Secretary shall establish
and appropriate phase-in schedule for compliance with the
requirements of this section.
"(4) Selection of Projects.--All projects carried out within
the boundaries of a transportation management area with Federal
participation pursuant to this title (excluding projects undertaken
on the National Highway System and pursuant to the bridge and
Interstate maintenance programs shall be selected by the State in
cooperation with the metropolitan planning organization designated
-------
for such area and shall be in conformance with the transportation
improvement program for such area.
"(5) Certification.--The Secretary shall assure that each
metropolitan planning organization in each transportation
management area is carrying out its responsibilities under
applicable provisions for Federal law, nd shall so certify at lest
once every 3 years. The Secretary may make such
certification only if (1) a metropolitan planning organization is
complying with the requirements of this section and other
applicable requirements of Federal law, nd (2) there is a
transportation improvement program for the area that has been
approved by
the metropolitan planning organization and the Governor. If after
September 30, 1993, a metropolitan planning organization is not
certified by the Secretary, the Secretary may withhold, in whole; or
in part, the apportionment under section 104(b)(3) attributed to
the relevant metropolitan area pursuant to section 133(d)(3) nd
capital funds apportioned under the formula program under section
9 of the Federal Transit Act shall be withheld. The withheld
apportionments shall be reported to the metropolitan area at such
time as the metropolitan planning organization is certified by the
Secretary. The Secretary shall not withhold certification under
this section based upon the policies and criteria established by a
metropolitan planning organization or transit grant recipient for
determining the feasibility of private enterprise participation in
accordance with section 8(0) of the Federal Transit Act.
" (j) Abbreviated Pans nd Programs for Certain Areas..--For
metropolitan areas not designated as transportation management
areas under this section, the Secretary may provide for the
development of abbreviated metropolitan transportation plans and
programs that the Secretary determines to be appropriate to achieve
the purposes of this section, taking into account the complexity of
transportation problems, including transportation related air
quality problems, in such areas. In no event shall the Secretary
provide abbreviated plans or programs for metropolitan areas which
are in nonattainment for ozone or carbon monoxide under the Clean
Air Act.
"(k)Transfer of Funds.--Funds made available for a highway
project under the Federal Transit Act shall be transferred to and
administered by the Secretary in accordance with the requirements
of the Federal Transit Act.
" (1) Additional Requirements for Certain Nonattainment Areas .-
-Notwithstanding any other provisions of this title or the Federal
Transit Act, for transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to the Clean
Air Act, for transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to the Clean
Air Act, Federal funds may not be programmed in such areas for any
highway project that will result in a significant increase in
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carrying capacity for single-occupant vehicles unless the project
is part of an approved congestion management system.
"(m) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible under
this title or the Federal Transit Act.
"(n) Reprogramming of Set Aside Funds.--Any funds set aside
pursuant to section 104(f) of this title that are not used for the
purpose of carrying out this section may be made available by the
metropolitan planning organization to the State for the purpose of
funding activities under section 135."
Section 135. Statewide planning
"(a) General Requirements.--It is in the national interest to
encourage and promote the development of transportation systems
embracing various modes of transportation in a manner that will
serve all areas of the State efficiently and effectively, subject
to section 134 of this title, the State shall develop
transportation plans and programs for all areas of the State, such
plans and programs shall provide for development of transportation
facilities (including pedestrian walkways nd bicycle transportation
facilities) which will functions as an intermodal State
transportation system. The process for developing such plans and
programs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the complexity of
the transportation problems.
"(b) Coordination With Metropolitan Planning; State
Implementation Plan.--In carrying out planning under this section,
planning activities carried out under section 134 of this title for
metropolitan areas of the State and shall carry out its
responsibilities for the development of the transportation portion
of the State implementation plans to the extent required by the
Clean Air Act.
" (c) State Planning Process.--Each State shall undertake a
continuous transportation planning process which shall, at a
minimum, consider the following:
" (1) The results of the management systems required pursuant
to subsection (b).
"(2) Any Federal, State, or local energy use goals,
objectives, programs, or requirements.
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"(3) Strategies for incorporation bicycle transportation
facilities and pedestrian walkways in projects where appropriate
throughout the State.
"(4) International border crossings and access to ports,
airports, intermodal transportation facilities, major freight
distribution routes, national parks, recreation and scenic areas,
monuments and historic sites, and military installations.
"(5) The transportation needs of non-metropolitan areas
through a process that includes consultation with local elected
officials with jurisdiction over transportation.
"(6) Any metropolitan area plan developed pursuant to section
134.
"(7) Connectivity between metropolitan areas within the State
and with metropolitan areas in other States.
"(8) Recreational travel and tourism.
"(9) Any State plan developed pursuant to the Federal Water
Pollution Control Act.
"(10) Transportation system management and investment
strategies designed to make the most efficient use of existing
transportation facilities.
"(11) The overall social, economic, energy, nd environmental
effects of transportation decisions.
" (12) Methods to reduce traffic congestion and to prevent
traffic congestion from developing in areas where it does not yet
occur, including methods which reduce motor vehicle travel,
particularly single-occupant motor vehicle travel.
" (13) Methods to expand and enhance transit services eind to
increase the use of such services.
" (14) The effect of transportation decisions on land use and
land development, including the need for consistency between
transportation decision making and the provisions of all applicable
short-range and long-range use and development plans.
"(15) The transportation needs identified through use of the
management systems required by section 303 of this title.
"(16) Where appropriate, the use of innovative mechanisms for
financing projects, including value capture pricing, tolls, and
congestion pricing.
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" (17) Preservation of rights-of-way for construction of future
transportation projects, including identification of unused rights-
of-way which may be needed for future transportation corridors, and
identify those corridors for which action is most needed to prevent
destruction or loss.
"(18) Long-range needs of the State transportation system.
" (19) Methods to enhance the efficient movement of commercial
motor vehicles.
" (20) The use of life-cycle costs in the design and
engineering of bridges, tunnels, or pavement.
" (d) Additional Requirements.--Each State in carrying out
planning under this section shall, at a minimum, consider the
following:
" (1) The coordination of transportation plans and programs
developed for metropolitan areas of the State under section 134
with the State transportation plans and programs developed under
this section and the reconciliation of such plans and programs as
necessary to ensure connectivity within transportation systems.
" (2) Investment strategies to improve adjoining State and
local roads that support rural economic growth and tourism
development, Federal agency renewable resources management, and
multipurpose land management practices, including recreation
development.
"(3) The concerns of Indian tribal governments having
jurisdiction over lands within the boundaries of the State.
"(e) Long-Range Plan.--The State shall develop a long-range
transportation plan for all areas of the State. With respect to
metropolitan areas of the State, the plan shall be developed in
cooperation with metropolitan planning organizations designated for
metropolitan ares in the State under section 134. With respect to
areas of the State under the jurisdiction of an Indian tribal
government, the plan shall be developed in cooperation with such
government and the Secretary of the Interior. In developing the
plan, the State shall provide citizens, affected public agencies,
representatives of transportation agency employees, other affected
employee representatives, private providers of transportation, and
other interested parties with a reasonable opportunity to comment
on the proposed plan. In addition, the State shall develop a long
range plan by bicycle transportation and pedestrian walkways for
appropriate areas of the State which shall be incorporated in to
the long-range transportation plan.
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"(f) Transportation Improvement Program.--
"(1) Development.--The State shall develop a transportation
improvement program for all areas of the State. With respect to
metropolitan ares of the State, the program shall be developed in
cooperation with metropolitan planning organizations designated for
metropolitan areas in the State under section 134. In developing
the program, the Governor shall provide citizens, affected public
agencies, representatives of transportation agency employees, other
affected employee representatives, private providers of
transportation, and other interested parties with a reasonable
opportunity to comment on the proposed program.
"(2) Include Projects.--A transportation improvement program
for a State developed under this subsection shall include projects
within the boundaries of the State which are proposed for funding
under this title and the Federal transit Act, which, are consistent
with the long-range plan developed under this section for the
State, which are consistent with the metropolitan transportation
improvement program, and which in areas designated as nonattainment
for ozone or carbon monoxide under the Clean Air Act conform with
the applicable State implementation plan developed pursuant to the
Clean Air Act. The program shall include a project, or an
identified phase of a project only if full funding can reasonably
be anticipated to be available for such project within the time
period contemplated for completion of the project. The program
shall also reflect the priorities for programming and expenditures
of funds, including transportation enhancements, required by this
title.
"(3) Project Section for Areas Less Than 50,000 Population.--
projects undertaken in areas of less than 50,000 population
(excluding projects under taken on the National Highway System and
pursuant to the bridge and Interstate maintenance programs shall be
selected by the State in consultation with the affected local
officials.
"(4) Biennial Review and Approval.--A transportation
improvement program developed under this subsection shall be
reviewed and approved no less frequently than biennially by the
Secretary.
"(g) Funding.--Funds set aside pursuant to section 307 (c) (1)
of title 23, United States Code, shall be available to carry out
the requirements of this section.
" (h) Treatment of Certain State Laws as Congestion Management
Systems.--For purposes of this section, section 134, and section 8
of the Federal Transit Act, United States Code, State laws, rules
or regulations pertaining to congestion management systems or
programs may constitute the congestion management system under this
Act if the Secretary funds that the State laws, rules or
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regulations are consistent with, and fulfill the intent of, the
purposes of this section, section 134 or section 8 of such Act, as
appropriate."
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