42 U.S.C. § 7505a — Maintenance plans

Page 7278 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7504 [probably means the first 3 sentences of this note] and shall take appropriate steps to designate those areas failing to attain either or both of such standards as nonattainment areas within the meaning of part D of title I of the Clean Air Act.’’ § 7504. Planning procedures (a) In general For any ozone, carbon monoxide, or PM–10 nonattainment area, the State containing such area and elected officials of affected local gov- ernments shall, before the date required for sub- mittal of the inventory described under sections 7511a(a)(1) and 7512a(a)(1) of this title, jointly re- view and update as necessary the planning pro- cedures adopted pursuant to this subsection as in effect immediately before November 15, 1990, or develop new planning procedures pursuant to this subsection, as appropriate. In preparing such procedures the State and local elected offi- cials shall determine which elements of a re- vised implementation plan will be developed, adopted, and implemented (through means in- cluding 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 or- ganization certified by the State, in consulta- tion with elected officials of local governments and in accordance with the determination under the second sentence of this subsection. Such or- ganization shall include elected officials of local governments in the affected area, and represent- atives of the State air quality planning agency, the State transportation planning agency, the metropolitan planning organization designated to conduct the continuing, cooperative and com- prehensive transportation planning process for the area under section 134 of title 23, the organi- zation responsible for the air quality mainte- nance planning process under regulations imple- menting this chapter, and any other organiza- tion with responsibilities for developing, sub- mitting, or implementing the plan required by this part. Such organization may be one that carried out these functions before November 15, 1990. (b) Coordination The preparation of implementation plan provi- sions and subsequent plan revisions under the continuing transportation-air quality planning process described in section 7408(e) of this title shall be coordinated with the continuing, coop- erative and comprehensive transportation plan- ning process required under section 134 of title 23, 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 in- cluded within more than one State, the affected States may jointly, through interstate compact or otherwise, undertake and implement all or part of the planning procedures described in this section. (July 14, 1955, ch. 360, title I, § 174, as added Pub. L. 95–95, title I, § 129(b), Aug. 7, 1977, 91 Stat. 748; amended Pub. L. 101–549, title I, § 102(d), Nov. 15, 1990, 104 Stat. 2417.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–549 amended section generally, sub- stituting present provisions for provisions which re- lated to: in subsec. (a), preparation of implementation plan by designated organization; and in subsec. (b), co- ordination of plan preparation. § 7505. Environmental Protection Agency grants (a) Plan revision development costs The Administrator shall make grants to any organization of local elected officials with transportation or air quality maintenance plan- ning responsibilities recognized by the State under section 7504(a) of this title for payment of the reasonable costs of developing a plan revi- sion under this part. (b) Uses of grant funds 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 fol- lowing receipt of the grant under this para- graph, and shall supplement any funds available under Federal law to such organization for transportation or air quality maintenance plan- ning. Grants under this section shall not be used for construction. (July 14, 1955, ch. 360, title I, § 175, as added Pub. L. 95–95, title I, § 129(b), Aug. 7, 1977, 91 Stat. 749.) § 7505a. Maintenance plans (a) Plan revision Each State which submits a request under sec- tion 7407(d) of this title 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 pollut- ant 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 re- designation. The plan shall contain such addi- tional 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 7407(d) of this title, the State shall submit to the Adminis- trator 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 designated as a nonattainment area, the re- quirements of this part shall continue in force and effect with respect to such area. (d) Contingency provisions Each plan revision submitted under this sec- tion shall contain such contingency provisions as the Administrator deems necessary to assure Page 7279 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7506 that the State will promptly correct any viola- tion of the standard which occurs after the re- designation 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 con- cerned which were contained in the State imple- mentation 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 require- ment that the State revise its State implemen- tation plan unless the Administrator, in the Ad- ministrator’s discretion, requires the State to submit a revised State implementation plan. (July 14, 1955, ch. 360, title I, § 175A, as added Pub. L. 101–549, title I, § 102(e), Nov. 15, 1990, 104 Stat. 2418.) § 7506. Limitations on certain Federal assistance (a), (b) Repealed. Pub. L. 101–549, title I, § 110(4), Nov. 15, 1990, 104 Stat. 2470 (c) Activities not conforming to approved or pro- mulgated plans (1) No department, agency, or instrumentality of the Federal Government shall engage in, sup- port 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 7410 of this title. No metropolitan planning organization designated under section 134 of title 23, shall give its approval to any project, program, or plan which does not con- form to an implementation plan approved or promulgated under section 7410 of this title. The assurance of conformity to such an implementa- tion plan shall be an affirmative responsibility of the head of such department, agency, or in- strumentality. Conformity to an implementa- tion plan means— (A) conformity to an implementation plan’s purpose of eliminating or reducing the sever- ity 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 viola- tion of any standard in any area; (ii) increase the frequency or severity of any existing violation of any standard in any area; or (iii) delay timely attainment of any stand- ard or any required interim emission reduc- tions 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 met- ropolitan planning organization or other agency authorized to make such estimates. (2) Any transportation plan or program devel- oped pursuant to title 23 or chapter 53 of title 49 shall implement the transportation provisions of any applicable implementation plan approved under this chapter applicable to all or part of the area covered by such transportation plan or program. No Federal agency may approve, ac- cept or fund any transportation plan, program or project unless such plan, program or project has been found to conform to any applicable im- plementation plan in effect under this chapter. In particular— (A) no transportation plan or transportation improvement program may be adopted by a metropolitan planning organization des- ignated under title 23 or chapter 53 of title 49, or be found to be in conformity by a metro- politan planning organization until a final de- termination has been made that emissions ex- pected from implementation of such plans and programs are consistent with estimates of emissions from motor vehicles and necessary emissions reductions contained in the applica- ble 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 or chapter 53 of title 49 shall adopt or approve a transportation improvement program of projects until it determines that such program provides for timely implementation of trans- portation control measures consistent with schedules included in the applicable imple- mentation plan; (C) a transportation project may be adopted or approved by a metropolitan planning orga- nization or any recipient of funds designated under title 23 or chapter 53 of title 49, or found in conformity by a metropolitan planning or- ganization or approved, accepted, or funded by the Department of Transportation only if it meets either the requirements of subpara- graph (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 derived; and (iii) the design concept and scope of such project at the time of the conformity deter- mination for the program was adequate to determine emissions. (D) Any project not referred to in subpara- graph (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 emission reduc- tion projections and schedules assigned to such plans and programs in the applicable im- plementation plan. (E) The appropriate metropolitan planning organization shall redetermine conformity of existing transportation plans and programs not later than 2 years after the date on which the Administrator— (i) finds a motor vehicle emissions budget to be adequate in accordance with section 93.118(e)(4) of title 40, Code of Federal Regu- lations (as in effect on October 1, 2004); (ii) approves an implementation plan that establishes a motor vehicle emissions budget