Memorandum — Environmental Protection Agency v. Maryland

Supreme Court brief1976

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Supreme Court, U. S

- FILED.

MAY 14 1976

In THE

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MICHAEL RODAK, JR., CLERK |

Supreme Court of the United States

OCTOBER TERM, 1975

No. 75-960

ENVIRONMENTAL PROTECTION AGENCY,

Petitioner,

v.

STATE OF MARYLAND, Et AL.,

Respondents.

On PETITION FOR A WRIT OF CERTIORARI TO THE

UNITED States Court OF APPEALS

FOR THE FOURTH CIRCUIT

MEMORANDUM FOR RESPONDENT,

STATE OF MARYLAND

FRANCIS B. BURCH,

Attorney General,

State of Maryland,

HENRY R. Lorp,

Deputy Attorney General,

1 South Calvert Building,

Baltimore, Maryland 21202,

Attorneys for Respondent,

State of Maryland.

The Daily Record Co., Baltimore, Md. 21202 Be «

IN THE

Supreme Court of the United States

OcTOBER TERM, 1975

No. 75-960

ENVIRONMENTAL PROTECTION AGENCY,

Petitioner,

Vv.

STATE OF MARYLAND, ET AL.,

Respondents.

ON PETITION FOR A WRIT OF CERTIORARI TO THE

UNITED States Court OF APPEALS

FOR THE FOURTH CIRCUIT

MEMORANDUM FOR RESPONDENT,

STATE OF MARYLAND

On January 7, 1976, the Solicitor General, on behalf

of the Environmental Protection Agency, filed a

petition for writ of certiorari to review the judgment of

the United States Court of Appeals for the Fourth

Circuit in the above-referenced cause.

OPINION BELOW

The opinion of the Court of Appeals is reported at 530

F.2d 215, and is printed in full at Appendix A, pp. la-

37a, of the petition.

2

CONSTITUTIONAL PROVISIONS, STATUTES,

AND REGULATIONS INVOLVED

The constitutional and statutory provisions involved

are set forth in petitioner’s Appeudix C, pp. 41a-65a. In

an Appendix to this response, Maryland presents the

following Federal regulations: 40 C.F.R. §§52.1095;

52.1096; 52.1098; 52.1100; 52.1106, which were invali-

dated by the Fourth Circuit’s decision.

STATEMENT OF THE CASE

The pertinent statutory and regulatory programs are

summarized at pp. 2-5 of the government’s petition. The

State of Maryland brought suit in the United States

Court of Appeals for the Fourth Circuit to invalidate

certain orders promulgated by the Environmental

Protection Agency (EPA) as part of the Transportation

Plan for the Baltimore Air Quality Control Region.

Maryland objected that in seeking to compel the State

to enact and administer Federal air pollution control

programs, EPA exceeded the permissible exercise of the

Federal commerce power and violated the principles of

federalism inherent in the United States Constitution.

Maryland also suggested that such regulations were

beyond EPA’s authority under the Clean Air Act, and

that in certain respects the adoption of the regulations

was arbitrary and capricious. The Court of Appeals

held that EPA lacked authority under the Clean Air Act

to compel Maryland to implement, through legislation

and regulations, Federal air pollution control programs.

This construction of the Clean Air Act was buttressed

by the Court’s doubts relative to the constitutionality of

the Act, assuming that Congress had intended EPA to

adopt such measures.

The Federal government has sought review of the

lower court’s decision, asserting that a conflict exists

3

between the holding of the Fourth Circuit and decisions

by the Third Circuit in Pennsylvania v. Environmental

Protection Agency, 500 F.2d 243 (1974), and by the

Court of Appeals for the District of Columbia in District

of Columbia v. Train, 521 F.2d 971 (1975) (petitions for

cert. pending sub. nom. Train v. District of Columbia,

No. 75-1055; Commonwealth of Virginia v. Train, No.

75-1050).

RESPONSE

This case raises an important question of interpreta-

tion regarding the Clean Air Act of 1970: did Congress,

and if so could Congress constitutionally, intend to

authorize EPA to mandate legislation from a state in

the area of air pollution control? The Court of Appeals

accepted Maryland’s argument that Congress neither

could nor did intend such a Federal usurpation of a

state’s sovereign functions.

Maryland noted before the lower court that the

commerce power may encompass a federal ability to

regulate state activities in the broad spectrum of

interstate commerce, such as employing workers in

schools and hospitals, Maryland v. Wirtz, 392 U.S. 183,

88 S. Ct. 2017, 20 L. Ed. 2d 1020 (1968); as running a

state-owned railroad, Parden v. Terminal Railway, 377

U.S. 184, 84S. Ct. 1207, 12 L. Ed. 2d 233 (1964). The Fed-

eral government, however, acting under the commerce

power, cannot mandate that a state must exercise

regulatory control over certain aspects of interstate

commerce. The Tenth Amendment, guaranteeing that

powers never surrendered to the national government

remain with the states, limits the Federal exercise of the

commerce power.

The Court further adopted Maryland’s reasoning in

holding that such an ambiguous indication of Congres-

4

sional intent as is evidenced in the Clean Air Act will

not be construed to mean that Congress intended to

broaden the scope of the government’s power to

regulate interstate commerce.

The bases of decision in Maryland v. Environmental

Protection Agency have been touched as well by both

the Ninth Circuit and the Court of Appeals for the

District of Columbia. Brown v. Environmental Protec-

tion Agency, 521 F.2d 827 (9th Cir. 1975) (petition for

cert. pending sub. nom. Environmental Protection

Agency vu. Brown, No. 75-909), involved EPA’s ordering

California to implement federal clean air programs. The

Court believed “that Congress would not have intended

in this obscure manner to take such a step in the light

of the delicacy with which federal-state relations

always have been treated by all branches of. the Federal

government” Id. at 834. Leaving no doubt as to its

opinion on the constitutionality of EPA’s action, the

Court observed:

To treat the governance of commerce by the states

as within the plenary reach of the Commerce

Power would in our opinion represent such an

abrupt departure from previous constitutional

practices as to make us reluctant to adopt an

interpretation of the Clean Air Act which would

force us to confront the issue. * * * To make

governance indistinguishable from commerce for

the purposes of the Commerce Power cannot be

equated to the “unintrusive” regulation of eco-

nomic activities of the states upheld by the

Supreme Court in Maryland v. Wirtz, [supra] and

Fry v. United States [421 U.S. 542, 95 S. Ct. 792, 44

L. Ed. 2d 363 (1975)] Id. at 839.

In District of Columbia v. Train, supra, the Court held

that much of EPA’s program for mandatory state

implementation of clean air controls was not only

outside the scope of Congressional intent, but unconsti-

tutional as well.

5

In direct conflict with the aforementioned decisions,

however, is Pennsylvania v. Environmental Protection

Agency, 500 F.2d 240 (8rd Cir. 1974), where the Court

held that Congress intended EPA to compel states’

participation in the clean air effort, and that so

construed the Clean Air Act was a legitimate exercise of

the commerce power. We should note that Pennsylvania

v. Environmental Protection Agency, supra, has been

criticized or given scant credence by tne decisions in the

other circuits noted above. The Ninth Circuit suggests

“that the Third Circuit failed to recognize the difference

between a state engaging in commerce, as all states

must under the Commerce Power, and a state’s

regulation of the commerce of others.” Brown uv.

Environmental Protection Agency, supra, at 383 n. 45.

District of Columbia v. Train, supra, also conflicts

with the decision of the Fourth Circuit in one respect.

Identical air pollution regulations pertaining to the

Virginia, District of Columbia, and Maryland sections

of the Washington metropolitan area were considered

by the Court in District of Columbia v. Train. As noted

above, the Court generally paralleled the Fourth Circuit

in finding that EPA lacks authority to compel state

implementation of air pollution control programs.

However, the Court excepted those provisions requiring

states to refuse registration to vehicles not meeting

federal standards, holding such requirements within

the ambit of Congressional authority under the com-

merce clause. The regulations struck down entirely by

the Fourth Circuit in Maryland v. Environmental

Protection Agency also contain provisions concerning

registration of vehicles. Maryland supports the petition

of Virginia, Commonwealth of Virginia v. Train, No.

75-1050, to review the decision of the Court of Appeals

for the District of Columbia, inasmuch as that decision

does not support entirely the broad protection of State

6

sovereignty afforded by the Fourth Circuit’s opinion in

Maryland v. Environmental Protection Agency.

While Maryland urges the correctness of the Fourth

Circuit’s decision, it also recognizes that policy consid-

erations expressed in Rule 19(1) (b) of the Rules of the

Supreme Court, concerning the resolution of decisional

conflicts among the courts of appeal, weigh heavily in

favor of this Court’s granting the federal government’s

petition for certiorari.

CONCLUSION

For the foregoing reason, Maryland does not formally

oppose the issuance of a writ of certiorari to the Court of

Appeals for the Fourth Circuit in the matter of

Maryland v. Environmental Protection Agency.

Respectfully submitted,

FRANCIS B. BURCH,

Attorney General,

State of Maryland,

HENRY R. Lorp,

Deputy Attorney General,

1 South Calvert Building,

Baltimore, Maryland 21202,

Attorneys for Respondent,

State of Maryland.

la

APPENDIX

The Following sections of 40 CFR Part 52 have been

invalidated by the decision of the Fourth Circuit:

§ 52.1095 Inspection and maintenance program.

(a) Definitions:

(1) “Inspection and. maintenance program” means a

program for reducing emissions from in-use vehicles

through identifying vehicles that need emission control-

related maintenance and requiring that such mainte-

nance be performed.

(2) “Light-duty vehicle’ means a gasoline-powered

motor vehicle rated at 6,000 lb. gross vehicle weight

(GVW) or less.

(3) “Medium-duty vehicle” means a gasoline-powered

motor vehicle rated at more than 6,000 lb. GVW and

less than 10,000 lb GVW.

(4) “Heavy-duty vehicle” means a gasoline-powered

motor vehicle rated at 10,000 GVW or more.

(5) All other terms used in this section that are

defined in Part 51, Appendix N, of this chapter are used

herein with the meanings so defined.

(b) This section is applicable within the Metropolitan

Baltimore Intrastate AQCR.

(c) The State of Maryland shall establish an inspec-

tion and maintenance program applicable to all light-

duty, medium-duty, and heavy-duty vehicles registered

in the area specified in paragraph (b) of this section

that operate on public streets or highways over which it

has ownership or control. The State may exempt any

class or category of vehicles that the State finds is

rarely used on public streets or highways (such as

classic or antique vehicles). No later than April 1, 1974,

the State shall submit legally adopted regulations to the

Administrator establishing such a program. The

regulations shall include:

(1) Provisions for inspection of all light-duty, medium-

duty, and heavy-duty motor vehicles at periodic

intervals no more than 1 year apart by means of a

loaded emission test.

2a

(2) Provisions for inspection failure criteria consistent

with the failure of 30 percent of the vehicles in the first

inspection cycle.

(3) Provisions to ensure that failed vehicles receive

within two weeks, the maintenance necessary to

achieve compliance with the inspection standards.

These shall include sanctions against individual

owners and repair facilities, retest of failed vehicles

following maintenance, use of a certification program

to ensure that repair facilities performing the required

maintenance have the necessary equipment, parts, and

knowledgeable operators to perform the tasks satisfac-

torily, and use of such other measures as may be

necessary or appropriate.

(4) A program of enforcement to ensure that vehicles

are not intentionally readjusted or modified subsequent

to the inspection and/or maintenance in such a way as

would cause them to no longer comply with the

inspection standards. This enforcement program might

include spot checks of idle adjustments and/or a

suitable type of physical tagging. This program shall

include appropriate penalties for violation.

(5) Provisions for beginning the first inspection cycle

by August 1, 1975, and completing it by July 31, 1976.

(6) Designation of an agency or agencies responsible

for conducting, overseeing, and enforcing the inspection

and maintenance program.

(d) After July 31, 1976, the State shall not register or

allow to operate on public streets or highways any

light-duty, medium-duty, or heavy-duty vehicle that

does not comply with the applicable standards and

procedures adopted pursuant to paragraph (c) of this

section. This shall not apply to the initial registration

ot a new motor vehicle.

(e) After July 31, 1976, no owner of a light-duty,

medium-duty, or heavy-duty vehicle shall operate or

allow the operation of such vehicle that does not comply

with the applicable standards and procedures adopted

pursuant to paragraph (c) of this section. This shall not

apply to the initial registration of a new motor vehicle.

3a

(f) The State of Maryland shall submit, no later than

February 1, 1974, a detailed compliance schedule

showing the steps it will take to establish and enforce

an inspection and maintenance program pursuant to

paragraph (c) of this section, including:

(1) The text of needed statutory proposals and

regulations that it will propose for adoption.

(2) The date by which the State will recommend

needed legislation to the State legislature.

(3) The date by which necessary equipment will be

ordered.

(4) A signed statement from the Governor or his

designee identifying the sources and amounts of funds

for the program. If funds cannot legally be obligated

under existing statutory authority, the text of needed

legislation shall be submitted.

[38 FR 34249, Dec. 12, 1973]

§ 52.1096 Vacuum spark advance disconnect ret-

rofit.

(a) Definitions:

(1) “Vacuum spark advance disconnect. retrofit”

means a device or system installed on a motor vehicle

that prevents the ignition vacuum advance from

operating either when the vehicle’s transmission is in

the lower gears, or when the vehicle is traveling below a

predetermined speed, so as to achieve reduction in

exhaust emissions of hydrocarbon and carbon monox-

ide of at least 25 and 9 percent, respectively, from 1967

and earlier light-duty vehicles.

(2) “Light-duty vehicle” means a gasoline-powered

motor vehicle rated at 6,000 lb. gross vehicle weight

(GVW) or less.

(3) All other terms used in this section that are

defined in Part 51, Appendix N, of this chapter are used

herein with meanings so defined.

(b) This section is applicable within the Metropoli-

tan Baltimore Intrastate AQCR.

4a

(c) The State of Maryland shall establish a retrofit

program to ensure that on or before January 1, 1976, all

light-duty vehicles of model years prior to 1968

registered in the area specified in paragraph (b) of this

section are equipped with an appropriate vacuum spark

advance disconnect retrofit device or other device, as

approved by the Administrator, that will reduce

exhaust emissions of hydrocarbons and carbon monox-

ide at least to the same extent as a vacuum spark

advance disconnect retrofit. No later than February 1,

1974, the State of Maryland shall submit to the

Administrator a detailed compliance schedule showing

the steps it will take to establish and enforce a retrofit

program pursuant to this section, including the text of

statutory proposals, regulations, and enforcement

procedures that the State proposed for adoption. The

compliance schedule shall also include a date by which

the State shall evaluate and approve devices for use in

this program. Such date shall be no later than

September 30, 1974.

(d) No later than April—1—1974, the State shall

submit legally adopted regulations to the Administrator

0 gi such a program. The regulations shall

include:

(1) Designation of an agency responsible for eval-

uating and approving devices for use on vehicles

subject to this section.

(2) Designation of an agency responsible for ensur-

ing that the provisions of subparagraph (3) of this

paragraph are enforced.

(3) Provisions for beginning the installation of the

retrofit devices by January 1, 1975, and completing the

installation of the devices on all vehicles subject to this

section no later than January 1, 1976.

(4) A provision that starting no later than January

1, 1976, no vehicle for which retrofit is required under

this section shall pass the annual emission tests

provided for by § 52.1095 unless it has been first

equipped with an approved vacuum spark advance

disconnect retrofit device, or other device approved

[=

5a

pursuant to this section, which the test has shown to be

installed and operating correctly. The regulations shall

include test procedures and failure criteria for imple-

menting this provision.

(5) Methods and procedures for ensuring that those

installing the retrofit devices have the training and

ability to perform the needed tasks satisfactorily and

have an adequate supply of retrofit components.

(6) Provision (apart from the requirements of any

general program for periodic inspection and mainte-

nance of vehicles) for emissions testing at the time of

device installation or some other positive assurance

that the device is installed and operating correctly.

(e) After January 1, 1976, the State shall not register

or allow to operate on its streets or highways any light-

duty vehicle that does not comply with the applicable

standards and procedures adopted pursuant to para-

graph (d) of this section.

(f) After January 1, 1976, no owner of a vehicle

subject to this section shall operate or allow the

operation of any such vehicle that does not comply with

the applicable standards and procedures implementing

this section.

(g) The State may exempt any class or category of

vehicles from this section which the State finds is

rarely used on public streets and highways (such as

classic or antique vehicles) or for which the State

demonstrates to the Administrator that vacuum spark

advance disconnect devices or other devices approved

pursuant to this section are not commercially available.

[38 FR 34249, Dec. 12, 1973]

+ * * om * *~

§ 52.1098 Light-duty air/fuel control retrofit.

(a) Definitions:

(1) “Air-Fuel contro! retrofit” means a system or

device (such as modification to the engine’s carburetor

or positive crankcase ventilation system) that results in

engine operation at an increased air-fuel ratio so as to

achieve reduction in exhaust emissions of hydrocarbons

6a

and carbon monoxide of at least 25 and 40 percent,

respectively, from 1968 through 1971 model year light-

duty vehicles.

(2) “Light-duty vehicle” means a gasoline-powered

motor vehicle rated at 6,000 lb gross vehicle weight

(GVW) or less.

(3) All other terms used in this section that are

defined in Part 51, Appendix N, of this chapter are used

herein with meanings so defined.

(b) This section is applicable within the Metropoli-

tan Baltimore Intrastate AQCR.

(c) The State of Maryland shall establis.. _ retrofit

program to ensure that on or before August 1, 1976,

all light-duty vehicles of 1968-1971 model years which

are not required to be retrofitted with an oxidizing

catalyst or other approved device pursuant to § 52.1097,

which are registered in the area specified in paragraph

(b) of this section are equipped with an appropriated

air/fuel control device or other device as approved by

the Administrator that will reduce exhaust emissions of

hydrocarbons and carbon monoxide at least to the same

extent as an air/fuel control device. No later than

February 1, 1974, the State of Maryland shall submit to

the Administrator a detailed compliance schedule

showing the steps it will take to establish and enforce a

retrofit program pursuant to this section, including the

text of statutory proposals, regulations, and enforce-

ment procedures that the State proposes for adoption.

The compliance schedule shall also include a date by

which the State shall evaluate and approve devices for

use in this program. Such date shall be no later than

September 30, 1974.

(d) No later than April 1, 1974, the State shall

submit legally adopted regulations to the Administrator

ee such a program. The regulations shall

include:

(1) Designation of an agency responsible for eval-

uating and approving devices for use on vehicles

subject to this section.

7a

(2) Designation of an agency responsible for ensuring

that the provisions of subparagraph (3) of this para-

graph are enforced.

(3) Provisions for beginning the installation of the

retrofit devices by August 1, 1975, and completing the

installation of the devices on all vehicles subject to this

section no later than August 1, 1976.

(4) A provision that starting no later than August 1,

1976, no vehicle for which retrofit is required under this

section shall pass the annual emission tests provided

for by § 52.1095 unless it has been first equipped with

an approved air/fuel control retrofit, or other device

approved pursuant to this section, which the test has

shown tc be installed and operating correctly. The

regulations shall include test procedures and failure

criteria for implementing this provision.

(5) Methods and procedures for ensuring that those

installing the retrofit devices have the training and

ability to perform the needed tasks satisfactorily and

have an adequate supply of retrofit components.

(6) Provision (apart from the requirements of any

general program for periodic inspection and mainte-

nance of vehicles) for emissions testing at the time of

device installation or some other positive assurance

that the device is installed and operating correctly.

(e) After August 1, 1976, the State shall not register or

allow to operate on its streets or highways any vehicle

that does not comply with the applicable standards and

ae sata adopted pursuant to paragraph (d) of this

ion.

(f) After August 1, 1976, no owmer of a vehicle

subject to this section shall operate or allow the

operation of any such vehicle that does not comply with

the applicable standards and procedures implementing

this section.

(g) The State may exempt any class or category of

vehicles from this section which the State finds is

rarely used on public streets and highways (such as

classic or antique vehicles) or for which the State

demonstrates to the Administrator that air/fuel control

8a

devices or other devices approved pursuant to this

section are not commercially available.

[38 FR 34250, Dec. 12, 1973]

* * * * * *

§52.1100 Heavy-duty air/fuel control retrofit.

(a) Definitions:

(1) “Air/fuel control retrofit” means a system or

device (such as modification to the engine’s carburetor

or positive crankcase ventilation system) that results in

engine operation at an increased air-fuel ratio so as to

achieve reduction in exhaust emissions of hydrocarbon

and carbon monoxide from heavy-duty vehicles of at

least 30 and 40 percent, respectively.

(2) “Heavy-duty vehicles” means a gasoline-powered

motor vehicle rated at 10,000 lb gross vehicle weight

(GVW) or more.

(3) All other terms used in this section that are

defined in Part 51, Appendix N, of this chapter are used

herein with meanings so defined.

(b) This section is applicable within the Metropoli-

tan Baltimore Intrastate AQCR.

(c) The State of Maryland shall establish a retrofit

program to ensure that on or before May 31, 1977, all

heavy-duty vehicles registered in the area specified in

paragraph (b) of this section are equipped with an

appropriate air/fuel control retrofit or other device as

approved by the Administrator that will reduce exhaust

emissions of hydrocarbons and carbon monoxide at

least to the same extent as an air/fuel control retrofit.

No later than April 1, 1974, the State of Maryland shall

submit to the Administrator a detailed compliance

schedule showing the steps it will take to establish and

enforce a retrofit program pursuant to this section,

including the text of statutory proposals, regulations,

and enforcement procedures that the State proposes for

adoption. The compliance schedule shall also include a

date by which the State shall evaluate and approve

devices for use in this program. Such date shall be no

later than January 1, 1975.

ee -

9a

(d) No later than September 1, 1974, the State shall

submit legally adopted regulations to the Administrator

= such a program. The regulations shall

include: —

_(1) Designation of an agency responsible for evalua-

tion and approving devices for use on vehicles subject

to this section.

_ (2) Designation of an agency responsible for ensur-

ing that the provisions of subparagraph (3) of this

paragraph are enforced.

(3) Provisions for beginning the installation of the

retrofit devices by January 1, 1976, and completing the

installation of the device on all vehicles subject to this

section no later than May 31, 1977.

(4) A provision that starting no later than May 31,

1977, no vehicle for which retrofit is required under this

section shall pass the annual emission tests provided

for by § 52.1095 unless it has been first equipped with

an approved air/fuel control retrofit, or other device

approved pursuant to this section, which the test has

shown to be installed and operating correctly. The

regulations shall include test procedures and failure

criteria for implementing this provision.

_ (5) Methods and procedures for ensuring that those

installing the retrofit devices have the training and

ability to perform the needed tasks satisfactorily and

have an adequate supply of retrofit components.

(6) Provision pert from the requirements of any

general program for periodic inspection and mainte-

nance of vehicles) for emissions testing at the time of

device installation or some other positive assurance

that the device is installed and operating correctly.

(e) After May 31, 1977, the State shall not register or

allow to operate on its streets or highways any vehicle

that does not comply with the applicable standards and

procedures adopted pursuant to paragraph (d) of this

section.

(f) After May 31, 1977, no owner of a vehicle subject

to this section shall operate or allow the operation of

10a

any such vehicle that does not comply with the

applicable standards and procedures implementing this

section.

(g) The State may exempt any class or category of

vehicles from this section which the State finds is

rarely used on public streets and highways (such as

classic or antique vehicles) or for which the State

demonstrates to the Administrator that air/fuel control

retrofits or other devices approved pursuant to this

section are not commercially available.

[38 FR 34251, Dec. 12, 1973]

* * * * * *

§ 52.1106 Study and establishment of bikeways

in the Baltimore area.

(a) Definitions:

(1) “Baltimore CBD” is defined as the area in the

City of Baltimore, Maryland, enclosed by, but not

including, Centre Street, Fallsway, Falls Avenue, Pratt

— Greene Street, Franklin Street, and Eutaw

treet.

(b) This regulation is applicable in the Metropolitan

Baltimore Intrastate AQCR.

(c) The State of Maryland shall, according to the

schedule set forth in paragraph (d) of this section,

conduct a study of, and shall in that study recommend

locations for exclusive bicycle lanes and bicycle parking

facilities in the area described in paragraph (b) of this

section. The study shall be made with a view toward

maximum safety and security. The study shall include

consideration of the physical designs for such lanes and

parking facilities, and of rules of the road for bicyclists

and, to the extent that present rules must be modified

because of bicycle lanes, new rules of the road for

motorists. In conducting the study, opportunity shall be

given for public comments and suggestions. The study

shall recommend as large a network of new CBD (and

return) oriented commuter bicycle lanes and bicycle

parking facilities as is practicable within the area

described in paragraph (b) of this section and shall

lla

recommend physical designs for said lanes and facili-

ties. The network shall contain at least 15 miles of

exclusive bicycle lanes in each direction.

(d) The State of Maryland shall submit to the

Administrator no later than March 1, 1974, a detailed

compliance schedule showing the steps that will be

taken to carry out the study required by paragraph (c)

of this section. The compliance schedule shall at a

minimum include:

(1) Designation of the agency responsible for con-

ducting the study.

(2) A date for initiation of the study, which date

shall be no later than May 1, 1974. ‘ .

(3) A date for completion of the study, and submittal

thereof to the Administrator, which date shall be no

later than March 1, 1975.

(4) A detailed timetable describing the steps that

must be taken and when these steps will be taken to

ensure the timely submittal of any legislation needed to

generally authorize establishment of bikeways and

parking facilities in Maryland to the State legislature.

(e) On or before April 1, 1975, the Administrator

shall submit to the State of Maryland his response to

the study required by paragraph (c) of this section, and

shall, in that response, either approve the route and

parking facility location and designs recommended in

the study, or shall designate alternative and/or

oe route and parking facility locations and

esigns.

_ ff) The State of Maryland and such county and local

jurisdictions as the State shall request to participate in

the establishment of the networks (the State must

request the participation of a county or local jurisdic-

tion if the participation of that jurisdiction is necessary

to the establishment of the lanes and other facilities

required by this section) shall establish, according to

the schedule set forth in the compliance schedule

required by paragraph (g) of this section, bike lanes and

parking facilities along the routes and in the locations

12a

approved or designated by the Administrator pursuant

to paragraph (e) of this section.

(g) On or before June 1, 1975, the State of Maryland,

and such county and local jurisdictions as the State has

requested to participate (and are, therefore, required to

participate by paragraph (f) of this section) shall

submit to the Administrator compliance schedules

which shall show in detail the steps which each

governmental entity will take to establish the bike

lanes and parking facilities required by this section.

The schedule must include as a minimum the following:

(1) Each lane and parking facility must be identified

with a date set for its establishment.

(2) The design, security and safety features of each

lane and parking facility must be precisely described

and shown to be in accord with the designs approved or

designated by the Administrator pursuant to paragraph

(e) of this section.

(3) A date must be set for the initiation of lane and

parking construction, which date shall be no later than

September 1, 1975. .

(4) A date must be set for completion of 50 percent of

lane and parking construction, which date shall be no

later than February 1, 1976.

(5) A date must be set for completion of 100 percent

of lane and parking construction, which date shall be

no later than May 31, 1976.

(6) Designations must be made of the agencies

responsible for guaranteeing the establishment of the

lanes and facilities in accordance with the Administra-

tor’s response to the State study.

(7) Signed statements of the chief executives of all

jurisdictions involved in the establishment of the lanes

and parking facilities required by this section, or their

designees, must be submitted identifying the sources

and amounts of funding for the programs required by

this section, along with a timetable to ensure that

proper funds will be available.

l3a

(h) No later than August 1, 1975, each governmental

entity required by this section to establish bicycle lanes

and/or parking facilities, shall submit to the Adminis-

trator legally adopted regulations sufficient to imple-

ment and enforce all of the requirements of this section.

(i) Notwithstanding paragraph (c) of this section, if

prior to the completion and submittal of the study

required by paragraph (c) of this section, the State of

Maryland has good and reasonable cause, through

public comment or otherwise, to believe that the

maximum practicable network of bicycle lanes will be

less than 15 miles, in each direction, the State shall so

notify the Administrator and shall obtain his concur-

rence or nonconcurrence, and shall conduct the re-

mainder of the study to assure that the network of lanes

shall be that mileage specified by the Administrator.

Notice pursuant to this paragraph (i) shall be given no

— than the beginning of the ninth month of the

study.

[38 FR 34254, Dec. 12, 1973]

* * * * * *

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Memorandum — Environmental Protection Agency v. Maryland · 426 U.S. 904 | Frix