49 U.S.C. § 47139 — Emission credits for air quality projects
submitted 23 years ago by Pub. L. 108-176 to r/title-49-TRANSPORTATION · 234 words · no verdicts yet
The EPA Administrator must issue guidance letting airports get emission-reduction credits for certain projects. The credits must follow the Clean Air Act and be calculated consistently nationwide. Airports keep their credits, and this guidance doesn't override existing state environmental laws.
(a) In General. The Administrator of the Environmental Protection Agency, working with the Secretary of Transportation, must issue guidance on how airport sponsors can get appropriate emission-reduction credits for carrying out projects — including ones described in sections 40117(a)(3)(G), 47102(3)(K), and 47102(3)(L). That guidance must, at a minimum, address:
(1) The credits being provided consistent with the Clean Air Act.
(2) The airport sponsor keeping the credits generated by its emissions reductions — including for an airport outside a nonattainment or maintenance area — and being able to use them for any current or future general conformity determination under the Clean Air Act, as offsets under the EPA's new source review program for projects on or associated with the airport, or as part of a state implementation plan.
(3) Credits being calculated and provided to airports on a consistent basis nationwide.
(4) Credits being provided to airport sponsors in a timely manner.
(5) A method to assure the Secretary that, for any specific airport project needing funding, the right credits will be granted.
(b) State Authority Under CAA. Nothing in this section overrides existing state law or regulation under section 116 of the Clean Air Act.
The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall issue guidance on how to ensure that airport sponsors may receive appropriate emission reduction credits for carrying out projects, including projects described in sections 40117(a)(3)(G), 47102(3)(K), and 47102(3)(L). Such guidance shall include, at a minimum, the following considerations:
The provision of credits is consistent with the Clean Air Act (42 U.S.C. 7402 et seq.).
Credits generated by the emissions reductions are kept by the airport sponsor, including for an airport outside of a nonattainment area or maintenance area, and may be used for purposes of any current or future general conformity determination under the Clean Air Act, as offsets under the Environmental Protection Agency’s new source review program for projects on the airport or associated with the airport, or as part of a State implementation plan.
Credits are calculated and provided to airports on a consistent basis nationwide.
Credits are provided to airport sponsors in a timely manner.
The establishment of a method to assure the Secretary that, for any specific airport project for which funding is being requested, the appropriate credits will be granted.
Nothing in this section shall be construed as overriding existing State law or regulation pursuant to section 116 of the Clean Air Act (42 U.S.C. 7416).
Source credit: (Added Pub. L. 108–176, title I, § 158(a), Dec. 12, 2003, 117 Stat. 2508; amended Pub. L. 112–95, title I, §§ 111(c)(2)(A)(v), 152(d), Feb. 14, 2012, 126 Stat. 18, 34; Pub. L. 115–254, div. B, title I, § 166(b)(2), Oct. 5, 2018, 132 Stat. 3226; Pub. L. 118–63, title VII, § 782, May 16, 2024, 138 Stat. 1302.)
- 2003Enacted · Pub. L. 108-176 · 117 Stat. 2508
- 2012Amended · Pub. L. 112-95 · 126 Stat. 18, 34
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3226
- 2024Amended · Pub. L. 118-63 · 138 Stat. 1302
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-176 on 2003-12-12.
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