49 U.S. Code § 47139 - Emission credits for air quality projects
(a) In General.— The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall issue guidance on how to ensure that airport sponsors receive appropriate emission reduction credits for carrying out projects described in sections 40117 (a)(3)(G), 47102 (3)(K), and 47102 (3)(L). Such guidance shall include, at a minimum, the following conditions:
(2) Credits generated by the emissions reductions are kept by the airport sponsor and may only be used for purposes of any current or future general conformity determination under the Clean Air Act or as offsets under the Environmental Protection Agency’s new source review program for projects on the airport or associated with the airport.
(b) Assurance of Receipt of Credits.— As a condition for making a grant for a project described in section 47102 (3)(K), 47102 (3)(L), or 47140 or as a condition for granting approval to collect or use a passenger facility charge for a project described in section 40117 (a)(3)(G), 47102 (3)(K), 47102 (3)(L), or 47140, the Secretary must receive assurance from the State in which the project is located, or from the Administrator of the Environmental Protection Agency where there is a Federal implementation plan, that the airport sponsor will receive appropriate emission credits in accordance with the conditions of this section.
(c) Previously Approved Projects.— The Administrator of the Environmental Protection Agency, in consultation with the Secretary, shall determine how to provide appropriate emissions credits to airport projects previously approved under section 47136 consistent with the guidance and conditions specified in subsection (a).
Source(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.)
References in Text
The Clean Air Act, referred to in subsec. (a)(1), (2), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
2012—Subsec. (a). Pub. L. 112–95, § 152(d)(1), struck out “47102(3)(F),” after “40117(a)(3)(G),” in introductory provisions.
Subsec. (b). Pub. L. 112–95, § 152(d)(2), struck out “47102(3)(F),” after “grant for a project described in section” and “47103(3)(F),” after “40117(a)(3)(G),”.
Pub. L. 112–95, § 111(c)(2)(A)(v), substituted “charge” for “fee”.