[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR93.116]

[Page 560]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 93--DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL 
IMPLEMENTATION PLANS--Table of Contents
 
   Subpart A--Conformity to State or Federal Implementation Plans of 
   Transportation Plans, Programs, and Projects Developed, Funded or 
       Approved Under Title 23 U.S.C. or the Federal Transit Laws
 
Sec. 93.116  Criteria and procedures: Localized CO and PM10 
violations (hot spots).

    (a) This paragraph applies at all times. The FHWA/FTA project must 
not cause or contribute to any new localized CO or PM10 
violations or increase the frequency or severity of any existing CO or 
PM10 violations in CO and PM10 nonattainment and 
maintenance areas. This criterion is satisfied if it is demonstrated 
that no new local violations will be created and the severity or number 
of existing violations will not be increased as a result of the project. 
The demonstration must be performed according to the consultation 
requirements of Sec. 93.105(c)(1)(i) and the methodology requirements of 
Sec. 93.123.
    (b) This paragraph applies for CO nonattainment areas as described 
in Sec. 93.109(d)(1). Each FHWA/FTA project must eliminate or reduce the 
severity and number of localized CO violations in the area substantially 
affected by the project (in CO nonattainment areas). This criterion is 
satisfied with respect to existing localized CO violations if it is 
demonstrated that existing localized CO violations will be eliminated or 
reduced in severity and number as a result of the project. The 
demonstration must be performed according to the consultation 
requirements of Sec. 93.105(c)(1)(i) and the methodology requirements of 
Sec. 93.123.