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Joint FHWA/FTA Authorities," dated September 2, 2005, and any subsequent applicable
<br />Federal directives that may be issued, except to the extent that FTA determines otherwise in
<br />writing.
<br />b. Air Quality. Except to the extent the Federal Government determines
<br />otherwise in writing, the Contractor agrees to comply with all applicable Federal laws,
<br />regulations, and directives implementing the Clean Air Act, as amended, 42 U.S.C. §§ 7401
<br />through 7671q, and:
<br />(1) The Contractor agrees to comply with the applicable requirements of
<br />Section 176(c) of the Clean Air Act, 42 U.S.C. § 7506(c), consistent with the joint FHWA/FTA
<br />document, "Interim Guidance for Implementing Key SAFETEA -LU Provisions on Planning,
<br />Environment, and Air Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, and
<br />any subsequent applicable Federal directives that may be issued; with U.S. EPA regulations,
<br />"Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and
<br />Projects Developed, Funded or Approved Under Title 23 US.C. or the Federal Transit Act," 40
<br />C.F.R. Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal
<br />Implementation Plans, 40 C.F.R. Part 93, and any subsequent Federal conformity regulations
<br />that may be promulgated. To support the requisite air quality conformity finding for the Project,
<br />the Contractor agrees to implement each air quality mitigation or control measure incorporated
<br />in the Project. The Contractor further agrees that any Project identified in an applicable State
<br />Implementation Plan (SIP) as a Transportation Control Measure will be wholly consistent with
<br />the design concept and scope of the Project described in the SIP.
<br />(2) U.S. EPA also imposes requirements implementing the Clean Air Act,
<br />as amended, which may apply to public transportation operators, particularly operators of large
<br />public transportation bus fleets. Accordingly, the Contractor agrees to comply with the following
<br />U.S. EPA regulations to the extent they apply to the Project: Control of Air Pollution from Mobile
<br />Sources," 40 C.F.R. Part 85; "Control of Air Pollution from New and In -Use Motor Vehicles and
<br />New and In -Use Motor Vehicle Engines," 40 C.F.R. Part 86; and "Fuel Economy of Motor
<br />Vehicles," 40 C.F.R. Part 600.
<br />(3) The Contractor agrees to comply with notice of violating facility
<br />provisions of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal
<br />Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. §
<br />7606 note.
<br />C. Clean Water. Except to the extent the Federal Government determines
<br />otherwise in writing, the Contractor agrees to comply with all applicable Federal regulations and
<br />directives issued pursuant to the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through
<br />1377. In addition:
<br />(1) The Contractor agrees to protect underground sources of drinking
<br />water consistent with the provisions of the Safe Drinking Water Act of 1974, as amended, 42
<br />U.S.C. §§ 300f through 300j -6.
<br />(2) The Contractor agrees to comply with notice of violating facility
<br />provisions of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal
<br />Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. §
<br />7606 note.
<br />d. Use of Public Lands. The Contractor agrees that in implementing its Project,
<br />it will not use any publicly owned land from a park, recreation area, or wildlife or waterfowl
<br />refuge of national, State, or local significance as determined by the Federal, State, or local
<br />officials having jurisdiction thereof, and it will not use any land from a historic site of national,
<br />state, or local significance, unless the Federal Government makes the findings required by 49
<br />U.S.C. §§ 303(b) and 303(c). The Contractor also agrees to comply with joint FHWA/FTA
<br />regulations, "Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites," 23
<br />C.F.R. Parts 771 and 774, and 49 C.F.R. Part 622, when promulgated.
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