version
as
of
8/
18/
05
­
includes
DOT
comments
as
forwarded
by
OMB
A.
How
will
EPA's
implementation
of
the
8­
hour
ozone
NAAQS
affect
funding
under
the
Congestion
Mitigation
and
Air
Quality
Improvement
(
CMAQ)
Program?
1.
Background
In
the
proposal,
we
noted
that
the
Transportation
Equity
Act
for
the
21st
Century
(
TEA­
21)
established
eligibility
for
the
use
of
CMAQ
program
funds
in
certain
nonattainment
and
maintenance
areas,
designated
under
section
107(
d)
of
the
CAA
(
42
U.
S.
C.
7407(
d)),
provided
the
area
is,
or
was,
also
classified
in
accordance
with
CAA
subpart
2,
sections
181,
186,
and
188.
All
areas
designated
nonattainment
after
December
31,
1997
were
also
eligible,
but
without
regard
to
classification.

2.
Current
position
Since
the
proposal,
new
transportation
legislation
was
passed
by
Congress
and
signed
into
law.
The
amount
of
CMAQ
funds
available
to
States
for
use
in
nonattainment
and
maintenance
areas
is
now
set
at
levels
authorized
by
the
Safe,
Accountable,
Flexible,
Efficient
Transportation
Equity
Act:
A
Legacy
for
Users(
SAFETEA­
LU).
The
funds
are
still
apportioned
to
States
through
the
statutory
formula
contained
in
section
104(
b)
of
title
23.
The
formula
is
still
based
primarily
on
the
designations
and
classifications
of
ozone
and
CO
nonattainment
and
maintenance
areas,
and
the
population
in
such
areas.
The
formula
for
determining
the
amount
of
funds
apportioned
to
the
States
takes
into
account
the
areas
that
are
designated
under
both
subpart
1
and
subpart
2
of
part
D
of
Title
I,
of
the
CAA.
How
funding
is
affected
for
any
specific
area
is
determined
by
U.
S.
DOT
in
accordance
with
SAFETEA­
LU.

3.
Comments
and
responses
Comments:
The
EPA
received
several
comments
expressing
concern
that
implementation
of
the
8­
hour
ozone
standard
may
negatively
impact
an
area's
eligibility
for
CMAQ
Program
funds
and/
or
the
amount
of
CMAQ
funding
the
State
would
receive.
The
comments
indicated
that
projects
and
programs
to
reduce
air
pollution
in
their
area
was
supported
through
CMAQ
funding.
Some
stated
that
their
area
was
attaining
the
8­
hour
ozone
standard,
and
thus
would
become
ineligible
for
CMAQ
funding
when
the
1­
hour
ozone
standard
is
revoked.
Others
expressed
concern
that
any
increases
to
the
number
of
nonattainment
areas
or
changes
to
classifications
of
nonattainment
areas
could
reduce
the
amount
of
CMAQ
funds
available
to
the
area.
Response:
The
impact
of
the
implementation
of
the
8­
hour
standard
and
enactment
of
SAFETEA­
LU
result
in
the
geographic
eligibility
and
apportionment
of
funds
for
the
CMAQ
programs
as
follows:
CMAQ
eligible
areas
1.
Designated
8­
hour
nonattainment
and
maintenance
areas.
2.
Former
1­
hour
ozone
nonattainment
and
maintenance
areas,
that
are
attaining
the
8­
hour
standard,
but
must
submit
a
Section
110(
a)(
1)
maintenance
plan
in
compliance
with
EPA's
anti­
backsliding
provisions.
3.
CO,
PM10
and
PM­
2.5
nonattainment
and
maintenance
areas.
Additionally,
Nashville,
TN;
Greensboro,
NC;
and
Denver,
CO
are
Early
Action
Compact
areas
under
the
8­
hour
ozone
standard
that
were
excepted
from
the
revocation
of
the
1­
hour
standard.
As
a
result,
their
CMAQ
eligibility
and
apportionment
are
based
on
their
status
as
maintenance
areas
under
the
1­
hour
ozone
standard.
4.
If
the
State
does
not
have,
and
has
never
had,
a
nonattainment
area
designated
under
the
Clean
Air
Act
(
42
U.
S.
C.
7401
et
seq.),
the
State
may
use
the
funds
for
any
project
in
the
State
that
would
otherwise
be
eligible
under
the
CMAQ
program
as
if
the
project
were
carried
out
in
a
nonattainment
or
maintenance
area,
or
is
eligible
under
section
133
of
the
surface
transportation
program.
This
flexibility
is
in
reference
to
the
CMAQ
Program's
minimum
apportionment
provision.

Apportionment
(
ozone­
based)

1.
Nonattainment
areas
designated
under
subpart
1
receive
a
weighting
factor
of
1.0
2.
Nonattainment
areas
designated
and
classified
under
subpart
2
retain
the
same
apportionment
weighting
factors
as
under
TEA­
21.
3.
Ozone
m
Maintenance
areas
receive
a
weighting
factor
of
1.0.

Eligibility
and
Apportionment
of
CMAQ
funds
is
calculated
carried
out
yearly
and
varies
according
to
changing
nonattainment
and
maintenance
area
population,
and
the
severity
of
air
pollution
and
changes
in
nonattainment
and
maintenance
area
population
as
estimated
by
the
U.
S.
Census
for
each
affected
county.
The
program
is
administered
by
the
U.
S.
Department
of
Transportation
(
DOT)
with
EPA
in
a
consultative
role.
The
EPA
is
only
taking
action
to
implement
the
8­
hour
ozone
standard
and
has
no
authority
to
make
changes
to
the
eligibility
criteria
or
apportionment
formula
contained
in
SAFETEA­
LU.
We
understand
the
importance
of
CMAQ
funding
to
States
and
nonattainment
areas
and
are
prepared
to
work
with
DOT
to
minimize
any
unintended
impact
of
the
8­
hour
ozone
NAAQS,
on
those
funds
transportation
programs
in
those
areas.
