C.M.R. 06, 096, ch. 139 - TRANSPORTATION CONFORMITY

SUMMARY: The purpose of this subpart is to implement Section 176(c)(4)(E)of the Clean Air Act (CAA), as amended ( 42 U.S.C. 7401 et seq.), with respect to the conformity of transportation plans, programs, and projects which are developed, funded, or approved by the United States Department of Transportation (DOT), and by Metropolitan Planning Organizations (MPOs) or other recipients of funds under Title 23 U.S.C. or the Federal Transit Laws (Title 49 U.S.C. Chapter 53). The regulation defines criteria and procedures for interagency consultation (Federal, State, and Local), resolution of conflicts, and public consultation for the development and revisions of the following transportation related activities.

This regulation addresses and give full legal effect to the following three requirements of the Federal Transportation Conformity Rule, 40 CFR Part 93 subpart A: (1) 40 CFR 93.105, which addresses consultation procedures; (2) 40 CFR 93.122(a)(4)(ii), which states that conformity SIPs must require written commitments to control measures to be obtained prior to a conformity determination if the control measures are not included in a Metropolitan Planning Organization's transportation plan and transportation improvement program, and that such commitments be fulfilled; and (3) 40 CFR 93.125(c), which states that conformity SIPs must require written commitments to mitigation measures to be obtained prior to a project-level conformity determination, and that project sponsors comply with such commitments.