Clean Air Act (42 USC §7401-7626). The 1970 amendments to the Clean Air Act (CAA) provided a comprehensive approach to regulating the nation’s air quality. The CAA addressed both mobile and stationary air pollution sources and required the EPA to set and enforce national ambient air quality standards (NAAQSs). The CAA has been amended several times since 1970. Amendments to the CAA that were adopted in 1990 were particularly extensive and included provisions for stricter mobile source emissions, as well as restrictions on emissions linked to stationary sources including hazardous or toxic pollutants.
EPA has overall authority for the implementation of CAA requirements. Pursuant to the CAA, EPA established primary and secondary NAAQSs for six pollutants: ozone, carbon
TABLE 1.8 Major Federal Environmental Legislation and Regulations/Responsible Agencies
Clean Air Act (42 USC §7401 et seq.)/U. S. Environmental Protection Agency (EPA)
Noise Control Act, amended 1978 (42 USC §§4901-4918)/U. S. EPA
Clean Water Act, 1972 (33 USC §1251 et seq.)/U. S. EPA, Army Corps of Engineers
Safe Drinking Water Act (SDWA; 42 USC §300)/U. S. EPA
Resource Conservation and Recovery Act (RCRA), 1974, amended 1984 (42 USC §6901 et seq.)/ U. S. EPA
Toxic Substances Control Act (TSCA), 1976 (15 USC §260 et seq.)/U. S. EPA Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 1980 (42 USC §9601 et seq.)/U. S., EPA
Superfund Amendments and Reauthorization Act (SARA), 1986 (42 USC §6991 et seq.)/U. S. EPA Farmland Protection Policy Act, 1981 (73 USC §4201 et seq.)/U. S. Department of Agriculture Federal Coastal Zone Management Act, 1972 (16 USC §§1451-1464)/U. S. Department of Commerce Wild and Scenic Rivers Act 1968, (16 USC §§1271-1287)/U. S. Department of the Interior (DOI) Fish and Wildlife Coordination Act 1934 (16 USC §§661-666)/U. S. DOI U. S. Fish and Wildlife Service
Federal Endangered Species Act (ESA) 1973 (16 USC §£1531-1543)-U. S., DOI, U. S. Fish and Wildlife Service, DOC, National Marine Fisheries Services (NMFS)
Rivers and Harbors Act, 1899 (33 USC §401, et seq.)/U. S. Army Corps of Engineers (USACOE), USCG
National Historic Preservation Act 1966 (16 USC §470 et seq.)—Advisory Council on Historic Preservation
Historic Buildings Act of 1935 (16 USC §£461-471)/National Park Service/DOI The Archaeological and Historical Preservation Act, 1974 (16 USC §469)/DOI Archaeological Resources Act, 1979 (16 USC §470 et seq.)/DOI Native American Grave Protection and Repatriation Act of 1990/DOI Department of Transportation Act, Section 4(f), 1966, (49 USC §303)/DOT
Land and Water Conservation Fund Act of 1965, Section 6(f) (16 USC §§460l-4 through 460l-11)/DOI American Indian Religious Freedom Act, 1978 (42 USC §1996)
Uniform Relocation Assistance and Real Properties Acquisition Act, 1970 (42 USC §4601)
monoxide, sulfur dioxide, lead, nitrogen oxides, and particulate matter. The CAA also regulates hazardous air pollutants (HAPs) released by chemical plants, dry cleaners, printing plants, and motor vehicles.
States are responsible for meeting CAA objectives by developing state implementation plans (SIPs). SIPs integrate regulations with other measures designed to meet NAAQS and associated CAA requirements. Federal agencies must comply with the approved SIP of the state in which they are operating. Many SIPs include air quality goals that exceed federal requirements and carry their own set of penalties and fines for noncompliance.
Current provisions of CAA relevant to highway engineering are included in Title I (Attainment and Maintenance of NAAQS), Title II (Mobile Sources), and Title VII (Enforcement). Title I addresses air pollution control requirements for “nonattainment areas,” (i. e., those metropolitan areas in the United States that have failed to meet NAAQSs.) Ozone is the most widespread pollutant in nonattainment areas. Therefore, the focus of controls in these areas is on controlling the volatile organic compounds (VOCs) and nitrogen oxides that are precursors to the formation of ozone. Title II regulates tailpipe emissions from motor vehicles and sets emission limitations for carbon monoxide,
Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation
Management (January 24, 2007)
Executive Order 13352, Executive Order Facilitation of Cooperative Conservation (26 August 2004)
Executive Order 13274, Environmental Stewardship and Transportation Infrastructure Project
Reviews (18 September 2002)
Executive Order 13212, Actions To Expedite Energy-Related Projects (18 May 2001)
Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (18 May 2001)
Executive Order 13186, Responsibilities of Federal Agencies To Protect Migratory Birds (10 January 2001)
Executive Order 13175, Consultation and Coordination With Indian Tribal Governments (6 November 2000)
Executive Order 13158, Marine Protected Areas. (26 May 2000)
Executive Order 13150, Federal Workforce Transportation (21 April 2000)
Executive Order 13141, Environmental Review of Trade Agreements (16 November 1999)
Executive Order 13112, Invasive Species (3 February 1999)
Executive Order 13089, Coral Reef Protection (11 June 1998)
Executive Order 13057, Federal Actions in the Lake Tahoe Region (26 July 1997)
Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks (21 April 1997)
Executive Order 13031, Federal Alternative Fueled Vehicle Leadership (13 December 1996) Executive Order 13006, Locating Federal Facilities on Historic Properties in our Nation’s Central Cities (21 May 1996)
Executive Order 12969, Federal Acquisition and Community Right-To-Know (8 August 1995) Executive Order 12902, Energy Efficiency and Water Conservation at Federal Facilities (8 March 1994)
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (11 February 1994)
Executive Order 12889, Implementation of the North American Free Trade Agreement (28 December
1993)
Executive Order 12856, Federal Compliance With Right-To-Know Laws and Pollution Prevention Requirements (3 August 1993)
Executive Order 12843, Procurement Requirements and Policies for Federal Agencies for Ozone-Depleting Substances (21 April 1993)
Executive Order 12123, Offshore Oil Spill Pollution (26 February 1979)
Executive Order 12114, Environmental Effects Abroad of Major Federal Actions (4 January 1979) Executive Order 12088, Federal Compliance with Pollution Control Standards (13 October 1978) Executive Order 11990, Protection of Wetlands (24 May 1977)
Executive Order 11988, Floodplain Management (24 May 1977)
Executive Order 11912, Delegation of Authorities Relating to Energy Policy and Conservation (13 April 1976)—partially revoked by Executive Order 12919 Executive Order 11514, Protection and Enhancement of Environmental Quality (3/1970) as amended by Executive Order 11991 (24 May 1977)
Executive Order 11593, Protection and Enhancement of the Cultural Environment (1971)
hydrocarbon, and nitrogen oxides. Provisions for enforcement under Title VII include fines and terms of imprisonment. Federal violations prosecuted by EPA may result in civil penalties of up to $25,000 per day and criminal enforcement if the violator fails to abate on notice [42 USC §7413(b)].
If a SIP is not effective in achieving NAAQSs in a nonattainment area, EPA may prepare an implementation plan of its own and/or impose construction bans on stationary sources, or withhold EPA-approved federal funds (such as transportation improvement grants) targeted for the state.
Transportation Conformity. The CAA required EPA to promulgate rules to ensure that federal actions do not impede efforts to attain or maintain compliance with the NAAQS. These rules require that metropolitans and statewide transportation plans conform to CAA requirements. These transportation conformity regulations apply to highways.
The transportation conformity rules published under 40 CFR 93, address this requirement with respect to actions of certain transportation agencies, including funding or approvals, that involve projects in nonattainment and maintenance areas, (i. e., areas that were previously designated as nonattainment but currently in compliance with the NAAQS). The transportation conformity rule established the criteria and procedures by which the FHWA, the FTA and metropolitan planning organizations (MPOs) determine the conformity of federally funded or approved highway and transit plans, programs, and projects to SIPs. Conformity ensures that transportation plans, programs, and projects do not result in new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS.
Noise Control Act (NCA) 42 USC §4901-4918. The Noise Control Act (NCA) was enacted to control noise emitted from human activity. The NCA include two requirements that are relevant to highway engineering: (1) the required developing of state and local programs to control noise, and (2) the required controlling the sources of noise of surface transportation and construction activities.
The NCA also created the EPA Office of Noise Abatement and Control (ONAC). ONAC promulgated regulations to implement the NCA (40 CFR 201 through 211). Noise limits for motor vehicles involved in interstate commercial activities are identified in 40 CFR 202. While noise emissions from construction equipment and compressors are regulated by 40 CFR 204. Noise limits and measurement procedures for trucks over 10,000 lb and motorcycles are included in 40 CFR 205.
Control of highway noise is currently under the jurisdiction of FHWA. FHWA noise regulations are found in 23 CFR 772 and include the FHWA Noise Abatement Criteria (NAC). The NAC include maximum noise levels for various of land uses from adjacent highways. When highway noise levels approach or exceed the NAC, or when highway noise significantly increases above existing noise levels, noise abatement measures must be considered. FHWA allows individual states to define “approach” and “significant increase.” Typically, “approach” means within 1 or 2 dB and “significant increases” are typically defined as increases of 10 or 15 dB above existing noise levels.
