CAA 176(c) – Reference Docum e nt for Inform ational Purposes Only

Clean Air Act Section 176(c)

NOTE : This docum ent includes Clean Air Act section 176(c) as am ended by SAFETEA-LU. EPA is providing this docum ent for inform a tional purposes only.

From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 7, 2003] [Docum ent not affected by P ublic Laws enacted between

January 7, 2003 and February 12, 2003] [ CIT E : 42USC7506 ]

TITLE 42--THE PUBLI C HEALTH AND WEL F ARE

CHAP TER 85--AIR POLLUTION PREVE N TI ON AND C ONTR O L

SUBCHAPTER I--PROGRAM S AND ACTIVITIES
Part D--Plan Requirem e nts for Nonattainm e nt Areas
subpart 1--nonattainm e nt areas in general

Sec. 7506. Lim itations on certain Federal assistance
(a), (b) Repealed. Pub. L. 101-549, t itle I, Sec. 110(4), Nov. 15, 1990, 104 Stat. 2470 (c) Activities not conformi ng to approved or promulgated plans

(1) No de partm ent, agency, or ins trum entality of the Feder al Government sha ll eng age in, support in any way or provide financial as sistance for, license or perm it, or approve, any activity which does not conform to an impl em entation plan after it has been approved or promulgated under section 7410 of this title. N o m e tropolitan planning organization designated u nder section 134 of title 23, shall g i v e its approval to any p r oject, prog ram, or plan which does not confor m to an im ple m entation plan approved or promulgated under section 7410 of this title. The assurance of confor m ity to such an implem e ntation plan shall be an affirm ative responsibility of the head of such departm e nt, agency, or instrum entality. Conformity to an implem entation plan m eans-- (A) confor m ity to an imple m enta tion plan' s purpose of elim inating or reducing the severity and num ber of violations of th e nation al ambient air q u ality stand ards and achieving expeditious attainm e nt of such standards; and (B) tha t such activities will no t-

- (i) cause or contribute to any new violation of any standard in any area; (ii) increase the f r equency or se verity of any existing viol ation of any standard in any area; or (iii) delay tim e ly attainm e ntof any standard or a ny required interim e mission reductions or other m ilestones in any area.

1CAA 176(c) – Reference Docum e nt for Inform ational Purposes Only

The determ ination of co nfor m ity shall be based o n the m o st recent estim ates of

em issions, and such estim ates shall be de termined from the most recen t population,

employm e nt , travel and congestion estim ates as determ ined by the m e tropolitan planning organization or other agency author ized to m ake such estim a tes.

(2) Any transportation plan or program developed pursuant to title 23 or chapter 53 of title 49 sha l l implem ent the transpo r tation p r ovisions of any applicable implem entation plan approved under this chapte r applicable to all or part of the area covered by such transpo r tatio n plan or program . No Fede ral agency m a y approve, accep t or fund any transportation plan, program or project unle ss such plan, program or project has been found to confor m to any applicable implem e nta tion plan in ef fect under this chapter. In particular-- (A) no transportation plan or tr ansportation improvem e ntprogram m a y be adopted by a m e tropolitan planning organization design ated under title 23 or chapter 53 of title 49, or be found to be in confor mity by a m e tropolitan p l annin g organization until a final determination has been m ade that emissions expected from im ple m entation of such plans and program s are consistent with estim a te s of e m issions from m o tor vehicles and necessary em issions reductions contained in th e applicable implem e ntation plan, and that the plan o r p r ogram will conf orm to the requirements of para graph (1) ( B) ; (B) no m etropolitanplanning o r ganiza tion o r other recip i ent of funds under title 2 3 or chapter 5 3 of title 49 shall adopt o r appr ove a transportatio n improve ment program of projects until it determ ines that such pr ogram provides for timely implem e n tation of transpo r tatio n contro l m e asures con sistent with schedules include d in the applic able im plem entation plan ; (C) a transportation project m a y be adopted or approved by a m e tropolitan planning organizationor any recip i ent of funds designa ted under title 2 3 or chapter 53 of title 4 9, or found in confor m ity by a m e tropolitan plann i ng organization or appro ved, accep ted, or funded by the Departm e nt of Transportation onl y if it m eets either the requirem ents of subparagraph (D) or the following requirem e nts-- (i) such a project com es from a conformi ng plan and program ; (ii) the design concept and sc ope of such project have not changed significantly since the confor m ity finding regarding the plan and program from which the project derived; and (iii) the design concept and sc ope of such project at th e tim e of the confor mity determination for the program was adequate to determine e missions. (D) Any project not referred to in subparagraph (C) shall be treated as conformi ng to the applicab le implem entation plan o n ly if it is demonstrated that the p r oje cted emissio n s from such project, when considered together with em issions projec ted for the conforming transpo r tatio n plans and program s within th e nonattainm e nt area, do not cause such plans and program s to exceed the em ission reducti on projections and schedules assigned to such plans and program s in the applicable implem entation plan. (E) The appropriate m e tropolitan pla nning organization shall redeterm ine confor m ity of existing transportation plans a nd program s not later than 2 years after the date on which the Adm i nistrator—

2CAA 176(c) – Reference Docum e nt for Inform ational Purposes Only

(i) finds a m o tor veh i cle emissions budge t to be adequate in accordan ce with section 93.118(e)(4) of title 40, Code of Federal Regulatio ns (as in effect on October 1, 2004); (ii) approves an imple m e ntation plan th at establishes a m o tor vehicle em issions budget if that budget has not yet been determ ined to be ade quate in accordance with clause (i); or (iii) promul gates an im plem entation plan that establishes or revises a m otor vehicle em issions budget.

(3) Until s u ch tim e as the implem entation plan revision referred to in paragraph (4)(C) is approved, conf ormity of such plans, program s, and proje cts will be dem onstrat ed if

- - (A) the transp ortation plans and program s-- (i) are consistent with the m ost recent estim a tes of mobile sou r ce e m issions; (ii) provide for the expeditio us imple m entation of trans portation control m easures in the app lic able im plementation pla n ; and (iii) with respect to ozone and carbon m onoxide nonattain m e nt areas, contribute to annual em issions reductions consistent with sections 7511a(b)(1) and 7512a(a)(7) of this title; an d (B) the tr anspo r ta tio n projec ts-

- (i) com e from a confor m i ng transportation plan and program as defined in subparagraph (A) or for 12 m onths afte r Novem b er 15, 1990, from a transportation program found to conform within 3 years prior to Nove m ber 15, 1990; and (ii) in carbon m o noxide nonattain m e nt areas, elim inate or reduce the severity and

num b er of violations of the carbon m onoxide st andards in the area s ubstantially affected by the project. W ith regard to subparagraph (B)(ii), suchdeterm ination may be m a de as part of either the conf ormity de termination f o r th e transpo rtation program or for the individual project taken as a whole during the environm ental review phase of project developm ent.

(4) C RITERIA AND P R OCE DU RE S FOR D ETER M I NING C ONF O R MITY (A) I N GENERAL —The Admi nistrator shall promul gate, and periodically update, criteria and procedures for determ ining confor mity (exc ept inthe cas e of transportatio n plans, program s , and pr ojects) of, and for k eeping the Adm i nistrator inform ed about, the activ ities r ef erred to in p aragr aph (1)

. (B) T RANSP ORT AT ION P LANS , P R OGR AM S , AND P RO JE CT S –The Adm i nistrator, with the concurrence of the Secret ary of Transportation, shall pr omulgate, and periodically update, criteria and procedures for dem onstrating and assuring confor m ity in the case of transportation plans, program s, and projects. (C ) C IVIL A CT ION T O C OM PEL P RO MULGATION —A civil action m a y be brought against the Admi nistrator and the S ecretary of Transportation under section 7604 of this title to comp el promulgation of such criteria and procedures and the Federal district court shall have jurisdiction to order such promulgation. (D) The pro cedures and criteria shall, at a mi nimum -- (i) address the consultation procedures to be undertaken by m e tropolitan planning organizations and the Secretary of Transportatio nwith State and local air quality agen cies

3CAA 176(c) – Reference Docum e nt for Inform ational Purposes Only

and State departm e nts of transportation before such organizations and the Secretary make conf orm ity determ inatio ns; (ii) addr ess the appropriate frequency for m aking confor m ity determ inations, but ; the frequency for m aking confor m ity dete rm inations on updated transportation plans and program s shall be every 4 year s, except in a c ase in which— (I) the m etropolitan plan ning organ i zation elects to update a transportationplan or program more frequently; or (II) the m e tropolitan planning organization is r eq u ired to dete rm ine conf orm ity in acco rdance with parag r aph (2)(E); and (iii) address how conf ormity determinatio ns will be m ade with r es p ect to

m aintenance plans. (E). INCLUSION OF CRITERIA AND PROCEDURES IN SIP.—Not later than 2 years after the date of enactm e nt of the SAFETEA–LU the procedures under subparagrap h (A) shall include a req u irem en t that each State include in th e State imple m entation plan criteria and procedures for consultation required by subparagraph (D)(i), and enforcem ent and enforceabil ity (pursuant to sections 93.125(c) and 93.122(a)(4)(ii) of title 40, C ode of Federal Regulations) in accordance with the Admi nistrator’s criteria and procedures for consultation, enf o rcem ent and enforceability.’’. (F) Comp liance with th e rules of the Admi nistrator f o r dete rmining the confor m ity of transportation plans, program s, and projects funded or approved under title 23 or chapter 53 of title 49 to State or Federa l implem entation plans shall not be required for traffic signal synchronization project s prior to the funding, approval or imple m entation of such projects. The supporting regional emissions analysis for any conf orm ity determ inatio n m ade with respec t to a transportation plan, program , or project shall consider the effect on em issions of any such project funded, approved, or im ple m ented prior to the conform ity determ ination.

(5) Applicability.--This subsec tion shall apply only with respect to— (A) a nonattainm e nt area and each p ollutant for which the area is designated as a nonattainm ent area; and (B) an area that was designated as a nonattainm e nt area but that was later redesign atedby the Administrator as an attain m e nt area and that is required to develop a

m a intenance plan under section 7505a of this title with respect to the specific pollutant for which the area was designated nonattainm e nt.

(6) Notwithstanding paragraph 5,\1\ this subsection shall not apply with respect to an area designated nonattainm ent under section 7407(d)(1) of this ti tle until 1 year after that area is first designated n onatta inm ent f o r a spec if ic nati onal ambient air quality standard. This paragraph only applies with respect to the nationa l am bient air quality standard for which an area is newly designated nona ttainm e nt and does not affect the area' s requirem e nts with respect to all other national ambient air q u ality stand ards for which the area is designated nonattainm ent or has been redesignated from nonattainm e nt to attainm e nt with a m a intenance plan pursuant to section 7505a \2\ of this title (including any pre-existing national am bien t air quality standard for a pollutant for which a new or revised standard has been issued).

4CAA 176(c) – Reference Docum e nt for Inform ational Purposes Only

(7) CONF ORMITY HORIZON F O R TR ANS PORT ATION PLANS. — (A) IN GENERAL.—Each conformity determ ination required under this section for a transportation plan under section 134(i) of title 23, Unit ed States Code, or section 5303(i) of title 49, United States Code, shall require a dem ons trati on of confor mity for the period ending on either the final year of th e transportation plan, or at the election of the m e tropolitan planning organization, after consultation with the air pollution control agency and solicitation of pub lic comments and consideration of such comments, the longest of the following periods: (i) The first 10-year period of any such transportation plan. (ii) The la tes tyear in the implem entation plan app licab le to th e area that c ontains

a m o tor vehicle emission budget. (iii) The year after the completion date of a regionally signifi cant project if the projec t is in cluded in th e transpo r tation im provem e nt program or the project requires approval before the subsequent conf orm ity determ ination. (B) REGIONAL EMIS SIONS ANALYSIS.— T he conform ity determination shall be accompanied by a regional em iss i ons analysis for the las t year of the transportatio n plan and for any year shown to exceed em issi on budgets by a prior anal ysis, if such year extends beyond the applicable period as determ ined under subparagraph (A). (C) EXCEPTION.—In any case in whic h an area has a revision to an imple m entation plan under section 175A(b) and the Adm i nistrator has found the m o tor vehicles em issions budg ets from that revision to be adequate in acco rdance with sectio n 93.118(e)(4 ) of title 40, Code of Federal Regu lati ons (as in effect on October 1, 2004 ), or has approved the revision, the dem o nstrati on of confor mity at the electio n of the

m e tropolitanplanning o r ganization, after cons ultation with the air po llutio n contro l agency and solicitation of public comments and consideration of such comments, shall be required to extend only through th e last year of the imple m e ntation plan required under section 175A(b). (D) EFFECT OF ELECTION.—Any elec tion b y a m etropolitan p l annin g organization under this paragraph shall continue in effect until the m e tropolitan planning organization elects otherwise. (E) AIR POLLUTION CONTROL AGENCY DE FINED.—In this paragraph, the term ‘air pollution control agency ’ m eans an air pollution control ag ency (as defined in section 302(b)) that is responsible for developi ng plans or controlli ng air pollution within the area covered by a transportation plan.

(8) SUBSTITUTION OF TR ANS PORT ATION CONTR O L MEASUR ES.— (A) IN GENERAL.—Tr a nsportation control m e asures th at are specified in an imple m entation plan m a y be replaced or added to the im plem entation plan with altern ate or additional transportation control measures (i) if the sub stitu te m easures ach ieve e quivalent or greater e missions reductions than the con trol m easure to be rep l aced, as dem o nstrated with an em issions impact analysis that is consistent with the current m e thodology used for evaluating the replaced control m e a sure in the implem e ntation plan; (ii) if the su bstitu te con trol m easures are implemented—

5CAA 176(c) – Reference Docum e nt for Inform ational Purposes Only

(I) in acco rd ance with a schedule tha t is cons is te nt with th e s chedule provided for control m e a sures in the implem e ntation plan; or (II ) if the implem entatio n plan date for imple m entation of the control

m easure to be replaced h a s passed, as soon as practicable after the imple m entation plan date but no t late r than th e da te on which emission reductions are necessary to achieve the purpose of the imple m e ntation plan; (iii) if the su bstitu te and additional c ontrol m easures ar e acc o mp anied with evidence of adequate personnel and funding a nd authority under State or local law to implem ent, monitor, anden force the contro l m easures; (iv) if the su bstitu te and additional c ontrol m easures were developed th ro ugh a collaborative process that included— (I) particip ation by repre sentatives of all affected jurisd ic tions (inc luding local air po llution con tro l agencies, the Stat e air pollution co ntrol agency , and State a nd local tran sp ortation agencies); (II ) consultation with th e Admi nistrator; and (III) reasonable public notice and opportunity for comment; and (v) if the m e tropolitan planning organization, State air pollution control agency, and the Admi nistrator c oncur with the equiva len cy of the substitu te o r a ddition al co ntrol

m easures. (B) ADOPT I ON.— (i) Concurrence by the m etropolitanpla nning o r ganization, State air po llution control agency and the A d m i nistrator as re quired by subparagraph (A)(v) shall constitute adoption of the substitute or additional contro l m easures so lo ng as the req u irem ents of subparagraphs (A)(i), (A )(ii), (A )(iii) and (A)(iv) are m e t. (ii) Once ad opted, the su bstitu te o r a ddition al co ntrol m easur es becom e, by operation of law, part of the State im plem entation plan and becom e federally enforceable. (iii) W ithin 90 days of its concurrenc e under subparagraph (A)(v), the State air pollution co ntrol agency shall s ubmit the substitute or addi tion al control m easure to the Adm i nistrator for incorporation in the codifi cation of the applicable im plem entation plan. Nothwithstanding any other provision of this Act, no additional State process shall be necessary to support such revi sion to the applicable plan. (C) NO RE QUIREME NT FOR EXPRESS P E RMISSION.—The substitution or addition of a transportation control measure in accordance with this p arag r aph and th e funding or approval of such a control m easure shall not be contingent on the existence of any provision in the applicable implem entation plan that expressly perm its such a substitution or addition. (D) NO RE QUIREME NT FOR NE W C ONF ORMITY DE TERMINATION.— Th e substitution or addition o f a transportati on con tro l m easure in accordan ce with this paragraph shall not require— (i) a new confor m ity determ inati on for the transpor tation plan; or (ii) a revision of the implem entation plan. (E) CONTINUATION OF CONTR O L MEAS URE BEING REPLACE D .—A control

m easure that is being rep l aced by a s ubstitu te co ntrol m easure under th is paragraph s h all

rem a in in effect until the substitute contro l m easure is adopted by the State pursuant to subparagraph (B).

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(F) EFFECT OF ADOPTION.—Adoption of a su bstitu te con trol m easure shall constitute rescission of the previ ously applicable control m e a s ure.
(9) LAPSE OF CONFORMITY.—If a conf orm ity determ ination required under this subsection for a transportation plan under se ction 134(i) of title 23, United States Code, or section 5303(i) of title 49, United Stat es Code, or a transportation improvem e nt program under section 134(j) of such title 23 or under secti on 5303(j) of such title 49 is not m ade by the applicab le dead line a nd such f ailure is no t co rrec t ed by a ddition al

m easures to either reduce m o tor vehicle em issions sufficient to dem onstrate

com p liance with the req u irem ents of this subs ection within 12 m onths after such dead line or other m easures sufficient to co rrect such f ailu r es, the trans portation pla n shall lapse

. (10) LAPSE.—In this subsection, the term ‘lapse’ m eans that the conformity determ ination for a transportation plan or transportation improvem e nt program has expired, and thus there is no currently conf or mi ng transportation plan or transportation im prove m ent program .’’.

\1\ So in original. Probably should be ``paragraph (5),' '

. \2\ See References in Text note below.

(July 14, 1955, ch. 360, title I, Sec. 176, as a dded Pub. L. 95-95, title I, S e c. 129(b), Aug. 7, 1977, 91 Stat. 749; am ended Pub. L. 95- 190, Sec. 14(a)(59), Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101-549, title I, Secs. 101( f), 110(4), Nov. 15, 1990, 104 Stat. 2409, 2470; Pub. L. 104-59, title III, Sec. 305(b), Nov. 28, 1995, 109 Stat. 580; Pub. L.104-260, Sec. 1, Oct. 9, 1996, 110 Stat. 3175; Pub. L. 106-377, S ec. 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A-44.)

References in Text

Section 7505a of this tit le, referred to in subsec. (c)(6), was in the original ``section 175(A)'' and was translated as reading ``secti on 175A'' , meaning secti on 175A of act July 14, 1955, which is classified to section 7505a of th is title, to reflect the probable intent of Congress.

Codification In subsec s. (c) ( 2) and (d), ` ` chap te r 53 of title 49'' substituted f o r ``th e Urban Mass Transportation Act [49 App. U.S.C. 1601 et seq.]' ' and in subsec. (c)(4)(D) substituted for ``Federal Transit Act'' on authority of P ub. L. 103-272, Sec. 6(b) , July 5, 1994, 108 Stat.

(the firs t section of which enact ed su btitles II, III, and V to X of Title 49, Transportation), and of Pub. L. 102-240, title III, Sec. 3003(b), Dec. 18, 1991, 105 Stat. 2088, which provided that

7 1378CAA 176(c) – Reference Docum e nt for Inform ational Purposes Only

references in laws to the Urban Mass Tr ansportation Act of 1964 be deemed to be ref erence s to the Feder a l Trans it Act.

Am e n dm ents
2000--Subsec. (c)(6). Pub. L. 106-377 added par. (6). 1996--Subsec. (c)(4)(D). Pub. L. 104-260 added subpar. (D). 1995--Subsec. (c)(5). Pub. L. 104-59 added par. (5). 1990--Subsecs. (a), (b). Pub. L. 101-549, Sec. 110(4), struck out subsec. (a) which related to approval of project s or aw ard of grants, and subsec. (b) which related to imple m entation of approved or promulgated plans. Subsec. (c). Pub. L. 101-549, Sec. 101(f), de signated existing provisions as par. (1), struck ou t ``(1)' '
, ``(2)''
, ``(3)' '
, and ``(4)'' be fore ``engage in' '
, ` ` support in' '
, ``licens e or' '
, and ``app ro ve, any''
, respectiv ely, su bstitu ted ``c onf orm to an implem entation p l an af ter it' ' for ``conform to a plan after it' '
, `` conf or m to an imple m entation plan approved' ' for ``conform to a plan approved'' , and ``conform ity to such an implem e ntation plan shall'' for ``conform ity to such a plan shall' '
, inse rted ``Confor m ity to an implem entation plan

m eans--'' followed imm e diately by subpars. (A) and (B) and closing provisions relating to determ in ation of conform ity being based on recent estim ates of em issions and the determ ination of such estim a tes, and added pars. (2) to (4). 1977--Subsec. (a)(1). Pub. L. 95-190 in serted ``national' ' be fore ``prim a ry''

.

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