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that may be promulgated. To support the requisite air quality conformity finding for the Project,
<br />the Contractor agrees to implement each air quality mitigation or control measure incorporated
<br />in the Project. The Contractor further agrees that any Project identified in an applicable State
<br />Implementation Plan (SIP) as a Transportation Control Measure will be wholly consistent with
<br />the design concept and scope of the Project described in the SIP.
<br />(2) U.S. EPA also Imposes requirements implementing the Clean Air Act, as
<br />amended, which may apply to public transportation operators, particularly operators of large
<br />public transportation bus fleets. Accordingly, the Contractor agrees to comply with the
<br />following U.S. EPA regulations to the extent they apply to the Project: "Control of Air Pollution
<br />from Mobile Sources, 40 C.F.R. Part 85; Control of Air Pollution from New and In -Use Motor
<br />Vehicles and New and In -Use Motor Vehicle Engines," 40 C.F.R. Part 86; and "Fuel Economy
<br />of Motor Vehicles," 40 G.F.R. Part 600.
<br />(3) The Contractor agrees to comply with notice of violating facility provisions of
<br />Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water
<br />Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606
<br />note.
<br />C. Clean Water Except to the extent the Federal Government determines otherwise
<br />In writing, the Contractor agrees to comply with all applicable Federal regulations and
<br />directives issued pursuant to the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through
<br />1377. In addition:
<br />(1) The Contractor agrees to protect underground sources of drinking water
<br />consistent with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 U.S.C.
<br />§§ 300f through 300j -6.
<br />(2) The Contractor agrees to comply with notice of violating facility provisions of
<br />Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water
<br />Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606
<br />note.
<br />d. Use of Public Lands The Contractor agrees that in implementing its Project, it will
<br />not use any publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of
<br />national, State, or local significance as determined by the Federal, State, or local officials
<br />having jurisdiction thereof, and it will not use any land from a historic site of national, state, or
<br />local significance, unless the Federal Government makes the findings required by 49 U.S.C.
<br />§§ 303(b) and 303(c). The Contractor also agrees to comply with joint FHWA/FTA regulations,
<br />"Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites," 23 C.F.R. Parts
<br />771 and 774, and 49 C.F.R. Part 622, when promulgated.
<br />e. Wild and Scenic Rivers The Contractor agrees to comply with applicable
<br />provisions of the Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. §§ 1271 through
<br />1287, relating to protecting components of the national wild and scenic rivers system; and to
<br />the extent applicable, to comply with U.S. Forest Service regulations, "Wild and Scenic Rivers,"
<br />36 C.F.R. Part 297, and with U.S. Bureau of Land Management regulations, "Management
<br />Areas," 43 C.F.R. Part 8350.
<br />f. Coastal Zone Management The Contractor agrees to assure Project consistency
<br />with the approved State management ' program developed under the Coastal Zone
<br />Management Act of 1972, as amended, 16 U.S.C. §§ 1451 through 1465.
<br />g. Wetlands The Contractor agrees to facilitate compliance with the protections for
<br />wetlands in accordance with Executive Order No. 11990, as amended, "Protection of
<br />Wetlands," at 42 U.S.C. § 4321 note.
<br />h. Floodalains The Contractor agrees to comply with the flood hazards protections
<br />in floodplains in accordance with Executive Order No. 11988, as amended, "Floodplain
<br />Management," 42 U.S.C. § 4321 note.
<br />Updated 3/01/11 Page 31 of 41
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