Page:United States Statutes at Large Volume 104 Part 4.djvu/95

 PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2411 project, when considered together with emissions projected for the conforming transportation plans and programs within the nonattainment area, do not cause such plans and programs to exceed the emission reduction projections and schedules assigned to such plans and programs in the applicable implementation plan. "(3) Until such time as the implementation plan revision referred Transportation, to in paragraph (4)(C) is approved, conformity of such plans, programs, and projects will be demonstrated if— "(A) the transportation plans and programs— "(i) are consistent with the most recent estimates of mobile source emissions; "(ii) provide for the expeditious implementation of transportation control measures in the applicable implementation plan; and "(iii) with respect to ozone and carbon monoxide nonattainment areas, contribute to annual emissions reductions consistent with sections 182(b)(1) and 187(a)(7); and "(B) the transportation projects— "(i) come from a conforming transportation plan and program as defined in subparagraph (A) or for 12 months after the date of the enactment of the Clean Air Act Amendments of 1990, from a transportation program found to conform within 3 years prior to such date of enactment; and "(ii) in carbon monoxide nonattainment areas, eliminate or reduce the severity and number of violations of the carbon monoxide standards in the area substantially af- fected by the project. With regard to subparagraph (B)(ii), such determination may be made as part of either the conformity determination for the transportation program or for the individual project taken as a whole during the environmental review phase of project development. "(4)(A) No later than one year after the date of enactment of the Transportation. Clean Air Act Amendments of 1990, the Administrator shall promulgate criteria and procedures for determining conformity (except in the case of transportation plans, programs, and projects) of, and for keeping the Administrator informed about, the activities referred to in paragraph (1). No later than one year after such date of enactment, the Administrator, with the concurrence of the Secretary of Transportation, shall promulgate criteria and procedures for demonstrating and assuring conformity in the case of transportation plans, programs, and projects. A suit may be brought against the Administrator and the Secretary of Transportation under section 304 to compel promulgation of such criteria and procedures and the Federal district court shall have jurisdiction to order such promulgation. "(B) The procedures and criteria shall, at a minimum— "(i) address the consultation procedures to be undertaken by metropolitan planning organizations and the Secretary of Transportation with State and local air quality agencies and State departments of transportation before such organizations and the Secretary make conformity determinations; "(ii) address the appropriate frequency for making conformity determinations, but in no case shall such determinations for Courts.

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