Transactions Newsletter

December 1998/January 1999

Classification Catch-22

In declaring the Bay Area out of compliance with federal clean air regulations, the Environmental Protection Agency (EPA) failed to take the extra step of assigning a classification that would have indicated just how severe the region's air quality problem is.

This approach gives the EPA the flexibility to minimize planning requirements and accelerate attainment deadlines. But it had the unfortunate side effect of limiting the region's access to federal Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds, which are tied to pollution classifications -- the more severe a region's ozone problem, the more money is available for cleaning it up.

"It's a classic Catch-22 to lose these clean-up moneys at the same time as the EPA is requiring the region to take extra steps to return to compliance," said MTC Deputy Executive Director Steve Heminger.

Encouraging news came in late January when the EPA informed MTC that it will propose classifying the Bay Area as a "moderate" non-attainment area just for the purposes of allocating CMAQ funding. A proposed rulemaking on the issue is scheduled to be issued in March. If all goes well, the Bay Area could receive an additional $11 million annually in CMAQ funds starting in fiscal year 2000. This would add $66 million to the six-year total of nearly $240 million in CMAQ moneys currently expected.

Among the local projects that are candidates for the next round of CMAQ money are TravInfo^TM, the regional traveler information system; a new computerized system for planning public transit trips; the Freeway Service Patrol tow truck program; and the Bay Area Air Quality Management District's "Spare the Air" program, aimed at discouraging pollution-causing activities on days when smog violations could occur.

-- Brenda Kahn

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