A Review of the Congestion Mitigation and Air Quality Improvement Program; Public Meeting; Request for Comments

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Federal Transit Administration

[FHWA/FTA Docket No. 94-11]

A Review of the Congestion Mitigation and Air Quality Improvement

Program; Public Meeting; Request for Comments

AGENCIES: Federal Highway Administration (FHWA), Federal Transit

Administration (FTA), DOT.

ACTION: Notice; request for comments; public meeting.

-----------------------------------------------------------------------

SUMMARY: The FHWA and the FTA request comments which will be used in

developing and conducting a review of the Congestion Mitigation and Air

Quality Improvement (CMAQ) Program, to be undertaken by the FHWA and

the FTA in cooperation with the Environmental Protection Agency (EPA).

The review's purpose is to determine whether the CMAQ program is

meeting its goals under the Intermodal Surface Transportation

Efficiency Act (ISTEA), Public Law 102-240, 105 Stat. 1914, and the

Clean Air Act (CAA) as amended in 1990, Public Law 101-549, 104 Stat.

2399, to support transportation measures intended to assist

nonattainment areas in meeting the National Ambient Air Quality

Standards (NAAQS) and to maximize the program's effectiveness. Comments

are solicited on the structure and content of the program review,

specific policy questions raised in this notice, and other areas of

policy and implementation which should be investigated.

This notice also announces a public meeting to be held on June 2,

1994. The purpose of the meeting is also to solicit input for the

review. Those intending to participate are asked to notify Mr. Mike

Savonis at the number listed under the FOR FURTHER INFORMATION CONTACT

caption below.

DATES: Comments should be received on or before June 20, 1994. The

public meeting will be held on June 2, 1994 at 11 a.m.

ADDRESSES: The public meeting will be held at the Nassif Building, U.S.

Department of Transportation, Room 2230, 400 Seventh Street SW.,

Washington, DC 20590. Submit written, signed comments to FHWA/FTA

Docket 94-11, Federal Highway Administration, Room 4232, HCC-10, Office

of Chief Counsel, 400 Seventh Street SW., Washington, DC 20590. All

comments received will be available for examination at the above

address between 8:30 a.m. and 3:30 p.m. e.t., Monday through Friday,

except legal Federal holidays. Those desiring notification of receipt

of comments must include a self-addressed, stamped envelope or

postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Savonis, Office of

Environment and Planning, FHWA at (202) 366-2080 or Mr. Abbe Marner,

Office of Planning, FTA at (202) 366-0096. Office hours are from 7:45

a.m. to 4:15 p.m., e.t. Monday through Friday, except legal Federal

holidays.

SUPPLEMENTARY INFORMATION:

(I) Background

Authorized at $6 billion for years 1992-1997, the CMAQ Program

provides funds to States for transportation projects and programs that

will contribute to attainment of an NAAQS. The Program focuses

primarily on reductions in ozone precursors (hydrocarbons and oxides of

nitrogen) and carbon monoxide emissions, but under certain conditions

funds may be expended on projects to reduce small particulate matter

(PM-10), as well. Typical projects include: development of HOV lanes,

improvements to public transit facilities and equipment, traffic

signalization and incident management improvements, bicycle and

pedestrian projects, new ridesharing services, and establishment of

vehicle inspection and maintenance programs.

The FHWA and the FTA, in consultation with the EPA, issued guidance

providing eligibility criteria to govern CMAQ program expenditures on

October 16, 1992. A series of questions and answers were also issued

subsequent to the program guidance to address specific issues and

eligibility questions as they have arisen. The program guidance was

published in the Federal Register on January 4, 1993 (58 FR 146) and,

with the questions and answers, is available through the Federal

Electronic Bulletin Board System (202-366-3764). In addition, a

brochure, ``A Guide to the Congestion Mitigation and Air Quality

Improvement Program,'' was issued in January 1994.

Three apportionments have been made for fiscal years 1992-1994,

making a total of $2.7 billion available for the States' use. In FY

1992, $340 million was obligated by all States which was 42 percent of

the amount available. In FY 1993, $600 million was obligated for a rate

of 62 percent. Overall, $940 million was obligated during the program's

first two years for a cumulative rate of 53 percent. Unobligated funds

under the CMAQ program lapse and are no longer available to the States

after four years from the beginning of the fiscal year for which they

were apportioned.

(II) Proposed Purpose and Scope

As with any new program, implementation of the CMAQ program has

generated questions about new areas of eligibility, the purpose and

effectiveness of funded projects and the coordination processes between

transportation and air quality agencies at the Federal, State and local

levels. Consequently, a review of CMAQ program implementation will be

undertaken, as noted in the FHWA-FTA program guidance of October 16,

1992.

(A) Purpose

The review has two intended purposes: (1) To determine whether the

CMAQ Program is meeting its goals under ISTEA and the CAA to support

transportation measures intended to assist nonattainment areas to meet

the National Ambient Air Quality Standards, and (2) to identify how the

CMAQ program's benefits can be maximized.

(B) Objectives

(1) To evaluate the kinds of projects funded under the CMAQ

program, their emission reductions, cost-effectiveness, the length of

time the funding process took, and other attributes, and to determine

what was not funded.

(2) To determine what transportation control measures (TCMs) have

been included in the States' Implementation Plans and whether funding

sources have been identified for them.

(3) To raise key issues, like the air quality impacts of various

TCMs such as traffic flow improvements, possible obstacles to

innovative projects, etc., and to evaluate those issues.

(4) To identify any barriers or constraints to effective program

implementation, especially with respect to coordination processes

between transportation and air quality agencies at the Federal, State

and local levels.

(5) To identify, document and disseminate examples of well-thought-

out projects, project development and coordination processes, and

transportation/air quality analytical techniques for each of the

transportation-related pollutants.

(6) To determine the effectiveness of current guidance, with an eye

toward possible mid-course policy adjustments.

(7) To determine how projects funded under the CMAQ program affect

greenhouse gases.

(C) Approach

The review will be conducted by the FHWA and the FTA, in

cooperation with the EPA. It will be conducted in an open way to

solicit concerns, recommendations and issues from all interested

parties, including environmental groups, transportation agencies,

energy interests, State air quality agencies and others.

A public meeting will be held to solicit ideas from any group

wishing to comment, especially national transportation and air quality

groups, State and local agencies, environmental interest groups,

industry groups, and other interested parties. Those commenting should

address the structure of the review, relevant policy questions, and

their experience in program implementation. The need for a second

meeting to describe review findings will be determined as the

evaluation progresses.

The review will focus on the effectiveness of current policies and

guidance as implemented at the project level. As such, the review will

begin and end with policy considerations, but any potential changes in

policy will be based on a review of specific projects and existing

coordination processes. Issues will be examined from both a public

policy and legal perspective with review of the CMAQ provisions of the

ISTEA (Section 1008) and other relevant provisions of the ISTEA or CAA,

as necessary.

(D) Policy Questions

Several policy questions have arisen as CMAQ program implementation

has progressed. They serve as a starting point for the review. Other

policy considerations will be evaluated as they arise. Current

questions include:

(1) Have the needed coordination mechanisms between the

transportation and air quality communities at the Federal, State and

local levels been established? Have they been effective? What have the

impediments been? What can Federal agencies do to smooth coordination

processes?

(2) How effective are the projects that have been funded under the

CMAQ program in reducing transportation emissions? How can their

effectiveness be improved? Is it possible at this time to identify the

types of projects that have the greatest air quality impact?

(3) What are the short term and long term impacts of funded

projects? How should these considerations be included in the

determination of funding priorities under the CMAQ program?

(4) Will the low obligation rate for the first two years of the

program ultimately result in the lapsing of Federal funds? What can be

done to avoid this?

(5) How should projects that have the potential to increase oxides

of nitrogen be treated? Should they be eligible as long as aggregate

emissions are reduced in line with the Clean Air Act's conformity

requirements?

(6) Under current guidance, new or expanded rideshare services are

eligible for CMAQ funds, but the routine funding of existing services

for ridesharing, transit, traffic control and inspection and

maintenance programs, etc., is ineligible. Is the current policy too

restrictive because it assumes that further emission reductions will

not result by funding currently existing services?

(7) Traffic flow improvements are legislatively eligible for CMAQ

funding as a transportation control measure identified in the Clean Air

Act. What are the pros and cons of funding these projects for emission

reduction purposes? Should changes be pursued to exclude them from

eligibility?

(8) Under the current legislation, projects in a nonattainment area

are no longer eligible for CMAQ funds once the area achieves attainment

of the NAAQS and is redesignated as a maintenance area. Would a change

to allow the use of CMAQ funds in newly redesignated areas constitute

good public policy even if the State's remaining nonattainment areas

lose CMAQ funds as a result?

(9) Projects that are not expected to contribute to emission

reductions prior to the scheduled attainment date under the Clean Air

Act are not eligible for CMAQ funds. Should any project which reduces

emissions be eligible even if it is scheduled for completion after the

attainment date?

Should a project whose construction is not expected to start until

after the attainment date be eligible?

(E) Project-Level Review

The project-level review will focus on implementation of the CMAQ

program in the 10 States with the worst ozone and carbon monoxide

pollution. These States receive the largest apportionments under the

CMAQ program, almost two-thirds of each year's total. The States and

their share of apportionments are:

------------------------------------------------------------------------

Percent

------------------------------------------------------------------------

California................................................... 14.8

Texas........................................................ 9.9

New Jersey................................................... 5.8

Ohio......................................................... 4.4

Maryland..................................................... 3.1

New York..................................................... 10.5

Pennsylvania................................................. 6.0

Illinois..................................................... 4.9

Massachusetts................................................ 4.1

Florida...................................................... 3.0

----------

Total.................................................... 66.5

------------------------------------------------------------------------

If time permits, the projects funded under the CMAQ program in one

State in FHWA Regions 7, 8 and 10 will also be reviewed.

Each State will be visited by FHWA, FTA and EPA representatives to

conduct interviews with Federal, State, and MPO officials and other

interested parties. A sample of each State's projects will be examined

in detail in light of the policy considerations above, the program

guidance, and other factors as they arise. A representative sample will

be developed in keeping with standard review and statistical

procedures.

Sources of information on the CMAQ program as a whole will also be

consulted. Such sources will include the States' annual reports on CMAQ

program obligations, DOT fiscal and management reporting data, and

reports on the program from government and nongovernment agencies.

To determine the CMAQ program's impact on greenhouse gases,

information will be taken from the States' annual reports on funded

projects and other sources, and background information on carbon

dioxide emissions from transportation sources.

(F) Expected Schedule

Site visits to the States mentioned above will be conducted in the

spring and early summer of 1994. A final report providing findings and

recommendations will be released later in the year, with additions or

changes to the program guidance to follow, as necessary. The report

will be available from the FHWA Office of Environment and Planning

hotline at (202) 366-2069.

Issued on: May 2, 1994.

Rodney E. Slater,

Federal Highway Administrator.

Gordon J. Linton,

Federal Transit Administrator.

[FR Doc. 94-10898 Filed 5-5-94; 8:45 am]

BILLING CODE 4910-22-P