42
U.
S.
C.
A.
§
7506
UNITED
STATES
CODE
ANNOTATED
TITLE
42.
THE
PUBLIC
HEALTH
AND
WELFARE
CHAPTER
85­­
AIR
POLLUTION
PREVENTION
AND
CONTROL
SUBCHAPTER
I­­
PROGRAMS
AND
ACTIVITIES
PART
D­­
PLAN
REQUIREMENTS
FOR
NONATTAINMENT
AREAS
SUBPART
1­­
NONATTAINMENT
AREAS
IN
GENERAL
Copr.
©
West
Group
2002.
No
claim
to
Orig.
U.
S.
Govt.
Works.

Current
through
P.
L.
107­
209,
approved
8­
06­
02
§
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Repealed.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
promulgated
plans
(
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
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
conform
to
an
implementation
plan
approved
or
promulgated
under
section
7410
of
this
title.
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
or
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
or
the
Urban
Mass
Transportation
Act
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,
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
chapter.
In
particular­­

(
A)
no
transportation
plan
or
transportation
improvement
program
may
be
adopted
by
a
metropolitan
planning
organization
designated
under
Title
23
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
emissions
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
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
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
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
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
7511a(
b)(
1)
and
7512a(
a)(
7)
of
this
title;
and
(
B)
the
transportation
projects­­

(
i)
come
from
a
conforming
transportation
plan
and
program
as
defined
in
subparagraph
(
A)
or
for
12
months
after
November
15,
1990,
from
a
transportation
program
found
to
conform
within
3
years
prior
to
November
15,
1990;
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
November
15,
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
November
15,
1990,
the
Administrator,
with
the
concurrence
of
the
Secretary
of
Transportation,
shall
promulgate
criteria
and
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
7604
of
this
title
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
organizations
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
November
15,
1990,
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.

(
D)
Compliance
with
the
rules
of
the
Administrator
for
determining
the
conformity
of
transportation
plans,
programs,
and
projects
funded
or
approved
under
Title
23
or
the
Federal
Transit
Act
to
State
or
Federal
implementation
plans
shall
not
be
required
for
traffic
signal
synchronization
projects
prior
to
the
funding,
approval
or
implementation
of
such
projects.
The
supporting
regional
emissions
analysis
for
any
conformity
determination
made
with
respect
to
a
transportation
plan,
program,
or
project
shall
consider
the
effect
on
emissions
of
any
such
project
funded,
approved,
or
implemented
prior
to
the
conformity
determination.
(
5)
Applicability
This
subsection
shall
apply
only
with
respect
to­­

(
A)
a
nonattainment
area
and
each
pollutant
for
which
the
area
is
designated
as
a
nonattainment
area;
and
(
B)
an
area
that
was
designated
as
a
nonattainment
area
but
that
was
later
redesignated
by
the
Administrator
as
an
attainment
area
and
that
is
required
to
develop
a
maintenance
plan
under
section
7505a
of
this
title
with
respect
to
the
specific
pollutant
for
which
the
area
was
designated
nonattainment.

(
6)
Notwithstanding
paragraph
5,
this
subsection
shall
not
apply
with
respect
to
an
area
designated
nonattainment
under
section
7407(
d)(
1)
of
this
title
until
1
year
after
that
area
is
first
designated
nonattainment
for
a
specific
national
ambient
air
quality
standard.
This
paragraph
only
applies
with
respect
to
the
national
ambient
air
quality
standard
for
which
an
area
is
newly
designated
nonattainment
and
does
not
affect
the
area's
requirements
with
respect
to
all
other
national
ambient
air
quality
standards
for
which
the
area
is
designated
nonattainment
or
has
been
redesignated
from
nonattainment
to
attainment
with
a
maintenance
plan
pursuant
to
section
175(
A)
[
FN1]
(
including
any
pre­
existing
national
ambient
air
quality
standard
for
a
pollutant
for
which
a
new
or
revised
standard
has
been
issued).

(
d)
Priority
of
achieving
and
maintaining
national
primary
ambient
air
quality
standards
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
standard.
This
paragraph
extends
to,
but
is
not
limited
to,
authority
exercised
under
the
Urban
Mass
Transportation
Act,
Title
23,
and
the
Housing
and
Urban
Development
Act.

CREDIT(
S)

1995
Main
Volume
(
July
14,
1955,
c.
360,
Title
I,
§
176,
as
added
Aug.
7,
1977,
Pub.
L.
95­
95,
Title
I,
§
129(
b),
91
Stat.
749,
and
amended
Nov.
16,
1977,
Pub.
L.
95­
190,
§
14(
a)(
59),
91
Stat.
1403;
Nov.
15,
1990,
Pub.
L.
101­
549,
Title
I,
§
§
101(
f),
110(
4),
104
Stat.
2409,
2470.)

2002
Electronic
Update
(
As
amended
Nov.
28,
1995,
Pub.
L.
104­
59,
Title
III,
§
305(
b),
109
Stat.
580;
Oct.
9,
1996,
Pub.
L.
104­
260,
§
1,
110
Stat.
3175;
Oct.
27,
2000,
Pub.
L.
106­
377,
§
1(
a)(
1)
[
Title
III],
114
Stat.
1441,
1441A­
44.)

[
FN1]
So
in
original.
Probably
should
be
section
"
175A",
which
is
classified
to
section
7505a
of
this
title.
