23 CFR § 490.803 - Applicability.

---
identifier: "/us/cfr/t23/s490.803"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "23 CFR § 490.803 - Applicability."
title_number: 23
title_name: "Highways"
section_number: "490.803"
section_name: "Applicability."
chapter_name: "FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "E"
subchapter_name: "PLANNING AND RESEARCH"
part_number: "490"
part_name: "NATIONAL PERFORMANCE MANAGEMENT MEASURES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "23 U.S.C. 134, 135, 148(i) and 150; 49 CFR 1.85."
regulatory_source: "81 FR 13913, Mar. 15, 2016, unless otherwise noted."
cfr_part: "490"
---


# 490.803 Applicability.

(a) The on-road mobile source emissions performance measure (called the Total Emissions Reduction- see § 490.807) is applicable to all States and MPOs with projects financed with funds from the 23 U.S.C. 149 CMAQ program apportioned to State DOTs for areas designated as nonattainment or maintenance for ozone (O<sub>3</sub>), carbon monoxide (CO), or particulate matter (PM<sub>10</sub> and PM<sub>2.5</sub>) National Ambient Air Quality Standards (NAAQS).

(b) This performance measure does not apply to States and MPOs that do not contain any portions of nonattainment or maintenance areas for the criteria pollutants identified in paragraph (a) of this section.