|
not all, of the major Federal laws that may affect the Project include: the National Environmental Policy
<br />Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321 through 4335; the Clean Air Act, as amended, 42
<br />U.S.C. §§ 7401 through7671q and scattered sections of Title 29, United States Code; the Clean Water
<br />Act, as amended, 33 U,S.C. §§ 1251 through 1377; the Resource Conservation and Recovery Act, as
<br />amended, 42 U.S.C. §§ 6901 through 6992k; the Comprehensive Environmental Response,
<br />Compensation, and Liability Act, as amended, 42 U.S.C. §§ 9601 through 9675, as well as environmental
<br />provisions within Title 23, United States Code, and 49 U.S.C. chapter 53. The Grantee also recognizes
<br />that U.S. EPA, FHWA and other Federal agencies have issued, and in the future are expected to issue,
<br />Federal regulations and directives that may affect the Project. Thus, the Grantee agrees to comply, and
<br />assures the compliance of each third party Grantee, with any applicable Federal laws, regulations and
<br />directives as the Federal Government are in effect now or become effective in the future, except to the
<br />extent the Federal Government determines otherwise in writing. Listed below are environmental
<br />provisions of particular concern to FTA and the Department. The Grantee understands and agrees that
<br />those laws, regulations, and directives may not constitute the Grantee's entire obligation to meet all
<br />Federal environmental and resource conservation requirements.
<br />a. National Environmental Policy. Federal assistance is contingent upon the Grantee's facilitating
<br />FTA's compliance with all applicable requirements and implementing regulations of the National
<br />Environmental Policy Act of 1969, as amended, (NEPA) 42 U.S.C. §§ 4321 through 4335 (as
<br />restricted by 42 U.S.C. § 5159, if applicable); Executive Order No. 11514, as amended, "Protection
<br />and Enhancement of Environmental Quality," 42 U.S.C. § 4321 note; FTA statutory requirements
<br />at 49 U.S.C. § 5324(b); U.S. Council on Environmental Quality regulations pertaining to compliance
<br />with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint FHWA/FTA regulations, "Environmental
<br />Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622, and subsequent
<br />Federal environmental protection regulations that may be promulgated.
<br />The Recipient agrees to comply with the applicable provisions of 23 U.S.C. Section 139 pertaining
<br />to environmental procedures, and 23 U.S.C. Section 326, pertaining to State responsibility for
<br />categorical exclusions, in accordance with the provisions of joint FHWA/FTA final guidance,
<br />"SAFETA -LU Environmental Review Process (Public Law 109 -59)," 71 fed. Reg. 66576 et seq.,
<br />November 15, 2006 and any applicable Federal directives that maybe issued at a later date, except
<br />to the extent that FTA determines otherwise in writing.
<br />b. Air Quality. Except to the extent the Federal Government determines otherwise in writing, the
<br />Grantee agrees to comply with all applicable Federal laws, regulations, and directives
<br />implementing the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671 q, and:
<br />(1) The Grantee agrees to comply with the applicable requirements of Section 176(c) of the
<br />Clean Air Act, 42 U.S.C. § 7506(c), consistent with the joint FHWA/FTA document, "Interim
<br />Guidance for Implementing Key SAFETEA -LU Provisions on Planning, Environment, and Air
<br />Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, and any 'subsequent
<br />applicable Federal directives that may be issued; with U.S. EPA regulations, "Conformity to
<br />State or Federal Implementation Plans of Transportation Plans, Programs, and Projects
<br />Developed, Funded or Approved Under Title 23 US.C. or the Federal Transit Act," 40 C.F.R.
<br />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
<br />regulations that may be promulgated. To support the requisite air quality conformity finding
<br />for the Project, the Grantee agrees to implement each air quality mitigation or control
<br />measure incorporated in the Project. The Grantee further agrees that any Project identified
<br />in an applicable State Implementation Plan (SIP) as a Transportation Control Measure will
<br />be wholly consistent with 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, as amended, which
<br />may apply to public transportation operators, particularly operators of large public
<br />transportation bus fleets. Accordingly, the Grantee agrees to comply with the following U.S.
<br />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
<br />05/27/2015 Page 28 of 36
<br />
|