Fla. Admin. Code Ann. R. 62-204.500 - Conformity
(1) General Conformity. The provisions of
this rule apply to state review of all federal general conformity
determinations submitted to the state pursuant to 40 C.F.R. Part 93, Subpart B,
adopted and incorporated by reference at Rule
62-204.800, F.A.C. Pursuant to
40 C.F.R. Part 93, Subpart B, federal agencies are required to make conformity
determinations to ensure that certain federal actions are consistent with the
State Implementation Plan.
(a) Definitions.
The definitions used in reviewing federal general conformity determinations
shall be the definitions in 40 C.F.R. Part 93, §
93.152, adopted and
incorporated by reference at Rule
62-204.800, F.A.C.
(b) Criteria. The criteria for reviewing
federal general conformity determinations shall be the criteria in 40 C.F.R. Part 93, §
93.158, adopted and incorporated by reference at Rule
62-204.800, F.A.C.
(c) Procedures. The procedures for reviewing
federal general conformity determinations shall be the procedures in 40 C.F.R. Part 93, §
93.159, adopted and incorporated by reference at Rule
62-204.800, F.A.C.
(d) Mitigation of Air Quality Impacts.
1. A federal general conformity determination
submitted to the Department for review must contain, at a minimum, the
following before the Department can make a positive finding of conformity in
its review.
a. Any measures that are intended
to mitigate air quality impacts must be identified, and the process for
implementation and enforcement of such measures must be described including an
implementation schedule containing explicit timelines for
implementation.
b. Written
commitments to take any mitigation measures from all persons or agencies
committing to such measures.
2. A positive finding of conformity by the
Department in any review of a federal general conformity determination is
expressly based, in part, on reliance that all written commitments for
mitigation measures shall be fulfilled by the timelines set out in such written
commitments. Failure to fulfill such mitigation measures by the explicit
timelines expressed in the written commitments shall nullify a positive
Department review finding of conformity as of midnight of the date of the
unfulfilled expressed timeline.
(2) Transportation Conformity. Pursuant to
40 C.F.R.
93.105, adopted and incorporated by reference
at Rule 62-204.800, F.A.C., the
Department has certain consultation and conflict resolution responsibilities in
the transportation conformity process. The Department will carry out these
responsibilities for transportation conformity pursuant to the interagency
memorandum of agreement as revised in 1998 and hereby adopted and incorporated
by reference.
Notes
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS.
New 11-30-94, Amended 3-13-96, 3-23-97, 9-1-98, 10-23-16.
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