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<br />enactment of 23 U.S.C. §§ 139 and 326 as well as to amendments to 23 U.S.C. § 138,
<br />environmental decision making requirements imposed on FTA projects to be implemented
<br />consistent with the joint FHWA/FTA document, "Interim Guidance for Implementing Key
<br />SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA
<br />Authorities," dated September 2, 2005, and any subsequent applicable Federal directives
<br />that may be issued, except to the extent that FTA determines otherwise in 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. §§
<br />7401 through 7671q, and:
<br />(1) The Contractor agrees to comply with the applicable requirements
<br />of Section 176(c) of the Clean Air Act, 42 U.S.C. § 7506(c), consistent with the joint
<br />FHWA/FTA document, "Interim Guidance for Implementing Key SAFETEA-LU Provisions
<br />on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities," dated
<br />September 2, 2005, and any subsequent applicable Federal directives that may be issued;
<br />with U.S. EPA regulations, "Conformity to State or Federal Implementation Plans of
<br />Transportation Plans, Programs, and Projects Developed,. Funded or Approved Under Title
<br />23 US.C. or the Federal Transit Act," 40 C.F.R. Part 51, Subpart T; and "Determining
<br />Conformity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part
<br />93, and any subsequent Federal conformity regulations that may be promulgated. To
<br />support the requisite air quality conformity finding for the Project, the Contractor agrees to
<br />implement each air quality mitigation or control measure incorporated in the Project. The
<br />Contractor further agrees that any Project identified in an applicable State Implementation
<br />Plan (SIP) as a Transportation Control Measure will be wholly consistent with the design
<br />concept and scope of the Project described in the SIP.
<br />(2) U.S. EPA also imposes requirements implementing the Clean Air
<br />Act, as amended, which may apply to public transportation operators, particularly
<br />operators of large public transportation bus fleets. Accordingly, the Contractor agrees to
<br />comply with the following U.S. EPA regulations to the extent they apply to the Project:
<br />"Control of Air Pollution from Mobile Sources," 40 C.F.R. Part 85; "Control of Air Pollution
<br />from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines," 40
<br />C.F.R. Part 86; and "Fuel Economy of Motor 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
<br />Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans,"
<br />42 U.S.C. § 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
<br />regulations and directives issued pursuant to the Clean Water Act, as amended, 33 U.S.C.
<br />§§ 1251 through 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,
<br />42 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
<br />Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans,"
<br />42 U.S.C. § 7606 note.
<br />d. Use of Public Lands. The Contractor agrees that in implementing its
<br />Project, it will not use any publicly owned land from a park, recreation area, or wildlife or
<br />waterfowl refuge of national, State, or local significance as determined by the Federal,
<br />State, or local officials having jurisdiction thereof, and it will not use any land from a
<br />Revised 1/6/10
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