2018 US Code
Title 49 - Transportation
Subtitle VII - Aviation Programs
Part B - Airport Development and Noise
Chapter 471 - Airport Development
Subchapter I - Airport Improvement
Sec. 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:

(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) State Authority Under CAA.—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).

(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.)

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.

2018—Subsecs. (c), (d). Pub. L. 115–254 redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: "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)."

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".

Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.