Page 43 - Highway Engineering Handbook Building and Rehabilitating the Infrastructure

26 CHAPTER ONE

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 penal-
ties 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 pre-
pare 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 des-
ignated 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 pro-
grams to control noise, and (2) the required controlling the sources of noise of surface trans-
portation 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 regu-
lated 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 reg-
ulations 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 signifi-
cantly 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.

1.4.2 Federal Requirement Protecting Water Resources
and Sensitive Ecological Resources
Clean Water Act (33 USC §1251 et seq. CWA). The CWA was enacted in 1977 as amend-
ments to the Federal Water Pollution Control Act of 1972. Its stated goal is to “restore and
maintain the chemical, physical, and biological integrity of the Nation’s waters.” The CWA
gave EPA the authority to implement pollution control programs such as setting wastewater
standards for industry. The CWA also contained requirements to set water quality standards