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<br /> note; FTA statutory requirements at 49 U.S.C. § 5324(b); U.S. Council on Environmental Quality
<br /> regulations pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint
<br /> FHWA/FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771
<br /> and 49 C.F.R. Part 622, and subsequent Federal environmental protection regulations that may
<br /> be promulgated. As a result of enactment of 23 U.S.C. §§ 139 and 326 as well as to
<br /> amendments to 23 U.S.C. § 138, environmental decision-making requirements imposed on FTA
<br /> projects to be implemented consistent with the joint FHWA/FTA document, "Interim Guidance
<br /> for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for
<br /> 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 /> Revised 02/20/13
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