U.S. Code > Title 23 Highways > CHAPTER 1—FEDERAL-AID HIGHWAYS (§§ 101—181_to_190) > § 149. Congestion mitigation and air quality improvement program

§ 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.