Page:United States Statutes at Large Volume 104 Part 4.djvu/105

 PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2421 scribed under paragraph (1) or (2), including an adequate maintenance plan, or has failed to make any submission, as may be required under this Act, other than one described under paragraph (1) or (2), that satisfies the minimum criteria established in relation to such submission under section 110(k)(l)(A), or "(B) disapproves in whole or in part a submission described under subparagraph (A), or "(4) finds that any requirement of an approved plan (or approved part of a plan) is not being implemented, unless such deficiency has been corrected within 18 months after the finding, disapproval, or determination referred to in paragraphs (1), (2), (3), and (4), one of the sanctions referred to in subsection (b) shall apply, as selected by the Administrator, until the Administrator determines that the State has come into compliance, except that if the Administrator finds a lack of good faith, sanctions under both paragraph (1) and paragraph (2) of subsection (b) shall apply until the Administrator determines that the State has come into compliance. If the Administrator has selected one of such sanctions and the deficiency has not been corrected within 6 months thereafter, sanctions under both paragraph (1) and paragraph (2) of subsection (b) shall apply until the Administrator determines that the State has come into compliance. In addition to any other sanction applicable as provided in this section, the Administrator may withhold all or part of the grants for support of air pollution planning and control programs that the Administrator may award under section 105. "(b) SANCTIONS.—The sanctions available to the Administrator as provided in subsection (a) are as follows: "(1) HIGHWAY SANCTIONS.— (A) The Administrator may impose a prohibition, applicable to a nonattainment area, on the approval by the Secretary of Transportation of any projects or the awarding by the Secretary of any grants, under title 23, United States Code, other than projects or grants for safety where the Secretary determines, based on accident or other appropriate data submitted by the State, that the principal purpose of the project is an improvement in safety to resolve a demonstrated safety problem and likely will result in a significant reduction in, or avoidance of, accidents. Such prohibition shall become effective upon the selection by the Administrator of this sanction. "(B) In addition to safety, projects or grants that may be approved by the Secretary, notwithstanding the prohibition in subparagraph (A), are the following— "(i) capital programs for public transit; "(ii) construction or restriction of certain roads or lanes solely for the use of passenger buses or high occupancy vehicles; "(iii) planning for requirements for employers to reduce employee work-trip-related vehicle emissions; "(iv) highway ramp metering, traffic signalization, and related programs that improve traffic flow and achieve a net emission reduction; "(v) fringe and transportation corridor parking facilities serving multiple occupancy vehicle programs or transit operations; "(vi) programs to limit or restrict vehicle use in downtown areas or other areas of emission concentration

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