Federal Highway Administration August 4, 2014 – Federal Register Recent Federal Regulation Documents

The CMAQ program provides funding to State and local governments for transportation projects and programs to help meet the requirements of the Clean Air Act (CAA). Funding is available to reduce congestion and improve air quality for areas that do not meet the National Ambient Air Quality Standards (NAAQS) for ozone, carbon monoxide (CO), or particulate matter (nonattainment areas) and for areas that were out of compliance but have now met the standards (maintenance areas). The Moving Ahead for Progress in the 21st Century Act (MAP-21) requires priority use of CMAQ funds in areas that are designated nonattainment or maintenance for fine particulate matter (PM2.5) NAAQS under the CAA. Specifically, an amount equal to 25 percent of the CMAQ funds apportioned to each State for a nonattainment or maintenance area that is based all or in part on the weighted population of the PM2.5 nonattainment area shall be obligated to projects that reduce PM2.5 emissions in such area. These projects include diesel retrofits for on-road and some off- road applications, as well as for diesel equipment operated on a highway construction project within PM2.5 nonattainment and maintenance areas. Although the MAP-21 language for the CMAQ funds that must be obligated for PM2.5 projects (referred to in this NPRM as a ``set-aside'') instructs that the set-aside be calculated based on ``weighted population'' for PM2.5, the statute does not specify the values to be applied to determine the weighted population. In this proposed rule, FHWA is requesting comments on a proposed weighting factor of 5, to be used in determining the weighted population of a PM2.5 nonattainment area.