23 U.S.C. § 149 : US Code - Section 149: Congestion mitigation and air quality improvement program

Search 23 U.S.C. § 149 : US Code - Section 149: Congestion mitigation and air quality improvement program

(a) Establishment. - The Secretary shall establish and implement
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 104(b)(2)
for the congestion mitigation and air quality improvement program
only for a transportation project or program if the project or
program is for an area in the State that is or was designated as a
nonattainment area for ozone, carbon monoxide, or particulate
matter under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)) and classified pursuant to section 181(a), 186(a), 188(a),
or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a),
7513(a), or 7513(b)) or is or was designated as a nonattainment
area under such section 107(d) after December 31, 1997, or is
required to prepare, and file with the Administrator of the
Environmental Protection Agency, maintenance plans under the Clean
Air Act (42 U.S.C. 7401 et seq.) and -
(1)(A)(i) if the Secretary, after consultation with the
Administrator 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 clause (xvi)) that
the project or program is likely to contribute to -
(I) the attainment of a national ambient air quality
standard; or
(II) the maintenance of a national ambient air quality
standard in a maintenance area; and
(ii) a high level of effectiveness in reducing air pollution,
in cases of projects or programs where sufficient information is
available in the database established pursuant to subsection (h)
to determine the relative effectiveness of such projects or
programs; 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 108(f)(1)(A);
(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;
(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 standard, whether through reductions
in vehicle miles traveled, fuel consumption, or through other
factors;
(4) to establish or operate a traffic monitoring, management,
and control facility or program, including advanced truck stop
electrification systems, if the Secretary, after consultation
with the Administrator of the Environmental Protection Agency,
determines that the facility or program is likely to contribute
to the attainment of a national ambient air quality standard;
(5) if the program or project improves traffic flow, including
projects to improve signalization, construct high occupancy
vehicle lanes, improve intersections, improve transportation
systems management and operations that mitigate congestion and
improve air quality, and implement intelligent transportation
system strategies and such other projects that are eligible for
assistance under this section on the day before the date of
enactment of this paragraph;
(6) if the project or program involves the purchase of
integrated, interoperable emergency communications equipment; or
(7) if the project or program is for -
(A) the purchase of diesel retrofits that are -
(i) for motor vehicles (as defined in section 216 of the
Clean Air Act (42 U.S.C. 7550)); or
(ii) published in the list under subsection (f)(2) for non-
road vehicles and non-road engines (as defined in section
216 of the Clean Air Act (42 U.S.C. 7550)) that are used in
construction projects that are -
(I) located in nonattainment or maintenance areas for
ozone, PM10, or PM2.5 (as defined under the Clean Air
Act (42 U.S.C. 7401 et seq.)); and
(II) funded, in whole or in part, under this title; or
(B) the conduct of outreach activities that are designed to
provide information and technical assistance to the owners and
operators of diesel equipment and vehicles regarding the
purchase and installation of diesel retrofits.
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. In areas of a State which are
nonattainment for ozone or carbon monoxide, or both, and for PM-10
resulting from transportation activities, the State may obligate
such funds for any project or program under paragraph (1) or (2)
without regard to any limitation of the Department of
Transportation relating to the type of ambient air quality standard
such project or program addresses.
(c) States Receiving Minimum Apportionment. -
(1) States without a nonattainment area. - If a State does not
have, and never has had, a nonattainment area designated under
the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use
funds apportioned to the State under section 104(b)(2) for any
project in the State that -
(A) would otherwise be eligible under this section as if the
project were carried out in a nonattainment or maintenance
area; or
(B) is eligible under the surface transportation program
under section 133.
(2) States with a nonattainment area. - If a State has a
nonattainment area or maintenance area and receives funds under
section 104(b)(2)(D) above the amount of funds that the State
would have received based on its nonattainment and maintenance
area population under subparagraphs (B) and (C) of section
104(b)(2), the State may use that portion of the funds not based
on its nonattainment and maintenance area population under
subparagraphs (B) and (C) of section 104(b)(2) for any project in
the State that -
(A) would otherwise be eligible under this section as if the
project were carried out in a nonattainment or maintenance
area; or
(B) is eligible under the surface transportation program
under section 133.
(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.
(e) Partnerships With Nongovernmental Entities. -
(1) In general. - Notwithstanding any other provision of this
title and in accordance with this subsection, a metropolitan
planning organization, State transportation department, or other
project sponsor may enter into an agreement with any public,
private, or nonprofit entity to cooperatively implement any
project carried out under this section.
(2) Forms of participation by entities. - Participation by an
entity under paragraph (1) may consist of -
(A) ownership or operation of any land, facility, vehicle, or
other physical asset associated with the project;
(B) cost sharing of any project expense;
(C) carrying out of administration, construction management,
project management, project operation, or any other management
or operational duty associated with the project; and
(D) any other form of participation approved by the
Secretary.
(3) Allocation to entities. - A State may allocate funds
apportioned under section 104(b)(2) to an entity described in
paragraph (1).
(4) Alternative fuel projects. - In the case of a project that
will provide for the use of alternative fuels by privately owned
vehicles or vehicle fleets, activities eligible for funding under
this subsection -
(A) may include the costs of vehicle refueling
infrastructure, including infrastructure that would support the
development, production, and use of emerging technologies that
reduce emissions of air pollutants from motor vehicles, and
other capital investments associated with the project;
(B) shall include only the incremental cost of an alternative
fueled vehicle, as compared to a conventionally fueled vehicle,
that would otherwise be borne by a private party; and
(C) shall apply other governmental financial purchase
contributions in the calculation of net incremental cost.
(5) Prohibition on federal participation with respect to
required activities. - A Federal participation payment under this
subsection may not be made to an entity to fund an obligation
imposed under the Clean Air Act (42 U.S.C. 7401 et seq.) or any
other Federal law.
(f) Cost-Effective Emission Reduction Guidance. -
(1) Definitions. - In this subsection, the following
definitions apply:
(A) Administrator. - The term "Administrator" means the
Administrator of the Environmental Protection Agency.
(B) Diesel retrofit. - The term "diesel retrofit" means a
replacement, repowering, rebuilding, after treatment, or other
technology, as determined by the Administrator.
(2) Emission reduction guidance. - The Administrator, in
consultation with the Secretary, shall publish a list of diesel
retrofit technologies and supporting technical information for -
(A) diesel emission reduction technologies certified or
verified by the Administrator, the California Air Resources
Board, or any other entity recognized by the Administrator for
the same purpose;
(B) diesel emission reduction technologies identified by the
Administrator as having an application and approvable test plan
for verification by the Administrator or the California Air
Resources Board that is submitted not later that 18 months of
the date of enactment of this subsection;
(C) available information regarding the emission reduction
effectiveness and cost effectiveness of technologies identified
in this paragraph, taking into consideration air quality and
health effects.
(3) Priority. -
(A) In general. - States and metropolitan planning
organizations shall give priority in distributing funds
received for congestion mitigation and air quality projects and
programs from apportionments derived from application of
sections 104(b)(2)(B) and 104(b)(2)(C) to -
(i) diesel retrofits, particularly where necessary to
facilitate contract compliance, and other cost-effective
emission reduction activities, taking into consideration air
quality and health effects; and
(ii) cost-effective congestion mitigation activities that
provide air quality benefits.
(B) Savings. - This paragraph is not intended to disturb the
existing authorities and roles of governmental agencies in
making final project selections.
(4) No effect on authority or restrictions. - Nothing in this
subsection modifies or otherwise affects any authority or
restriction established under the Clean Air Act (42 U.S.C. 7401
et seq.) or any other law (other than provisions of this title
relating to congestion mitigation and air quality).
(g) Interagency Consultation. - The Secretary shall encourage
States and metropolitan planning organizations to consult with
State and local air quality agencies in nonattainment and
maintenance areas on the estimated emission reductions from
proposed congestion mitigation and air quality improvement programs
and projects.
(h) Evaluation and Assessment of Projects. -
(1) In general. - The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
evaluate and assess a representative sample of projects funded
under the congestion mitigation and air quality program to -
(A) determine the direct and indirect impact of the projects
on air quality and congestion levels; and
(B) ensure the effective implementation of the program.
(2) Database. - Using appropriate assessments of projects
funded under the congestion mitigation and air quality program
and results from other research, the Secretary shall maintain and
disseminate a cumulative database describing the impacts of the
projects.
(3) Consideration. - The Secretary, in consultation with the
Administrator, shall consider the recommendations and findings of
the report submitted to Congress under section 1110(e) of the
Transportation Equity Act for the 21st Century (112 Stat. 144),
including recommendations and findings that would improve the
operation and evaluation of the congestion mitigation and air
quality improvement program.