CHAPTER
Env-A 1500 CONFORMITY
Statutory
Authority: RSA 125-C:4
REVISION
NOTE:
Document #9999, effective 10-1-11 made
extensive changes to the wording, structure, and numbering of rules in Chapter
Env-A 1500. Documents #9999 supersedes
all prior filings for the sections in this chapter. The prior filings for former Chapter Env-A
include the following documents:
#6104, eff 10-27-95
#6839, eff 8-27-98
#7971, eff 10-14-03
#8382, eff 6-22-05
PART Env-A 1501 PURPOSE AND
APPLICABILITY
Env-A 1501.01 Purpose. The purpose of this chapter is to implement
§176 of the Clean Air Act (the Act), as amended, and 40 CFR 93, relative to
conformity determinations for transportation plans, programs, and projects and
federal actions, to ensure that the purpose and intent of the state
implementation plan (SIP) are being met.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1501.02 Applicability. This chapter shall apply as specified in
Env-A 1503.02 and Env-A 1504.02.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
PART Env-A 1502 REFERENCES AND
DEFINITIONS
Env-A 1502.01 References.
(a) For
the purpose of this chapter, unless otherwise specified all references to 23
CFR 450 shall be to the April 1, 2018 edition.
(b) For
the purpose of this chapter, unless otherwise specified all references to 40
CFR 93, including any subpart thereof, shall be to the July 1, 2018 edition.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1502.02 Federal Definitions Incorporated. Except as
specified in Env-A 1502.03 or Env-A 1504.03, the definitions contained in and
referred to in 40 CFR §93.101 shall apply to the terms used in this chapter.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1502.03 Definitions.
(a) “Interagency
consultation” means a meeting or other formal consultation process convened or
initiated pursuant to Env-A 1503.08.
(b) “Large
scale development” means a development that is expected to generate 10,000 or
more vehicle trip ends on any typical summer day.
(c) “Long-range
statewide transportation plan” means “long-range statewide transportation plan”
as defined in 23 CFR §450.104, namely “the official, statewide, multimodal,
transportation plan covering a period of no less than 20 years developed
through the statewide transportation planning process.”
(d) “Maintenance
area” means any geographic region of New Hampshire previously designated as a
nonattainment area pursuant to the Act, and subsequently redesignated to
attainment subject to the requirement to develop a maintenance plan that is
subject to transportation conformity measures under §175A of the Act.
(e) “Metropolitan
planning organization (MPO)” means “metropolitan planning organization” as
defined in 23 CFR §450.104, namely “the policy board of an organization created
and designated to carry out the metropolitan transportation planning process.”
(f) “Nonattainment
area” means any geographic region in
(g) “Provide
access to” means:
(1) For any document(s) for which access is being
provided to one or more specific entity(ies), to do
one or more of the following:
a. Send a paper or electronic copy of each
document to each recipient entity;
b. Post a copy of each document on a web site
that is accessible by each recipient entity and notify each recipient entity of
the document’s URL; or
c. Make a paper or electronic copy of each document
available for inspection at the providing entity’s office and notify each
recipient entity of the availability of the document for inspection; or
(2) For documents for which access is being
provided to the public, to comply with the requirements of RSA 91-A:4.
(h) “Recipient
entity” means an entity to which access to one or more documents is being
specifically provided.
(i) “Regional planning commission (RPC)” means
any specific planning region as delineated by the office of strategic initiatives
or otherwise established as specified in RSA 36:45 through RSA 36:58.
(j) “Significant
comments” means, for purposes of conformity findings, comments relating to any
issue or data that have the potential to change the outcome of a conformity
determination, including but not limited to the following:
(1) Incorrect project design concept and scope
that could affect emissions analysis;
(2) Improper or missing analysis years;
(3) Regionally significant projects improperly
reflected in the emissions analysis;
(4) Incorrect emission factors;
(5) Missing pollutant analyses;
(6) Projects improperly placed in a baseline scenario;
(7) Incorrect comparison with SIP emissions
budgets; and
(8) Failure to list not exempt projects as
specified in Env-A 1503.14 in the emissions analysis.
(k) “Statewide
transportation improvement program (STIP)” means “a statewide transportation
improvement program (STIP)” as defined in 23 CFR §450.104, namely “a statewide
prioritized listing/ program of transportation projects covering a period of
four years that is consistent with the long-range statewide transportation
plan, metropolitan transportation plans, and TIPs, and required for projects to
be eligible for funding under title 23 U.S.C. and title 49 U.S.C. Chapter 53.”
(l) “Transportation improvement program (TIP)”
means “a transportation improvement program (TIP)” as defined in 23 CFR
§450.104, namely “a prioritized listing/program of transportation projects
covering a period of four years that is developed and formally adopted by an
MPO as part of the metropolitan transportation planning process, consistent
with the metropolitan transportation plan, and required for projects to be
eligible for funding under title 23 U.S.C. and title 49 U.S.C. Chapter 53.”
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
PART Env-A 1503 TRANSPORTATION
CONFORMITY
Env-A 1503.01 Purpose. The purpose of this part is to implement the
following provisions relating to transportation conformity:
(a) The
consultation procedures required by 40 CFR §93.105;
(b) The
control measures required by 40 CFR §93.122(a)(4)(ii); and
(c) The
mitigation measures required by 40 CFR §93.125(c).
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.02 Applicability. This part shall apply as specified in 40 CFR
§93.102.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.03 Conformity to State and
Federal Implementation Plans.
(a) All
transportation plans, programs, and projects developed, funded, or approved by
the state of New Hampshire shall conform to the SIP or federal implementation
plan (FIP) developed pursuant to §110 and §§171 through 193 of the Act.
(b) Conformity
determinations shall be made in accordance with §176 of the Act and 40 CFR 93,
Subpart A.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.04 Metropolitan Planning
Organizations (MPOs).
(a) When
used in this chapter, the term “metropolitan planning organizations (MPOs)”
shall include the Southern New Hampshire MPO, the Nashua MPO, the Strafford
MPO, and the Rockingham MPO.
(b) Each
MPO shall serve as a forum for cooperative transportation decision-making.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.05 Roles and Responsibilities
of the Department. The department
shall:
(a) Develop
and implement the SIP and its revisions;
(b) Monitor
progress in achieving the NAAQS;
(c) Consult
with representatives of the NH department of transportation (NHDOT), MPOs,
RPCs, EPA, Federal Highway Administration (FHWA), and Federal Transit
Administration (FTA) at the initiation of and during the development of SIP
revisions pertaining to mobile sources, including those relating to
inventories, budgets, forecasts, and strategies for reduction of emissions,
transportation control measures (TCMs), transportation conformity, general
conformity, area classifications, and redesignations;
(d) Coordinate
with EPA, FHWA, and FTA on issues related to the SIP and transportation;
(e) Coordinate
with NHDOT, MPOs, RPCs, FHWA, FTA, and EPA to determine inputs for air quality
analysis emissions modeling on MPO transportation improvement programs (TIPs),
transportation plans, and projects;
(f) Provide
assistance to NHDOT, RPCs, and MPOs during transportation planning processes relating
to air quality, including but not limited to emissions modeling, emissions
budget comparisons, exempt/not exempt project lists, and regionally significant
projects;
(g) Review
and provide comments on the conformity determinations for metropolitan
transportation plans, TIPs, and NHDOT regional emissions analyses of
transportation projects outside MPO areas or in areas covered by more than one
MPO; and
(h) Forward
unresolved disputes regarding conformity determinations to the governor of New
Hampshire for resolution in accordance with Env-A 1503.18.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.06 Roles and Responsibility of
NHDOT. Pursuant to 23 CFR 450, NHDOT
shall:
(a) Act
as the lead agency responsible for coordinating and planning multi-regional and
statewide transportation systems;
(b) Develop
a long-range statewide transportation plan and a statewide transportation
improvement program (STIP) as specified in RSA 228:99;
(c) Obtain
required FHWA and FTA approvals for the STIP;
(d) Develop,
in coordination with MPOs and the department, current estimates of vehicle
miles traveled (VMT) for each nonattainment or maintenance area and forecasts
of VMT necessary for input to the SIP;
(e) Provide
assistance to MPOs in performing analysis leading to transportation conformity
determinations in their regions;
(f) Conduct
analyses and make transportation conformity determinations for all projects
outside MPO boundaries, but within nonattainment or maintenance areas;
(g) Make
project-level conformity determinations in accordance with one of the
following:
(1) As
required by 40 CFR §93.116, by including hot-spot analyses in carbon monoxide
(CO) nonattainment or maintenance areas, for all projects in the STIP; or
(2) As
required by 40 CFR §93.123, by FHWA making categorical hot-spot findings in CO
nonattainment or maintenance areas, for all projects in the STIP;
(h) Coordinate
interagency consultation with MPOs, the department, RPCs, EPA, FHWA, and FTA at
the initiation of and during the transportation conformity determinations and
transportation planning processes relating to air quality issues such as VMT
and speed estimates, exempt/not exempt project lists, emissions modeling,
emissions budget comparisons, analysis years, and regionally significant projects;
(i) Coordinate conformity determinations in
nonattainment or maintenance areas consisting of more than one MPO area;
(j) Provide
assistance to MPOs to develop, evaluate, select, and maintain a regional model
capable of emissions analyses focusing on but not limited to the southeastern
portion of the State, in consultation with the department;
(k) Coordinate
and consult with the department and EPA to determine appropriate data inputs
into air quality models used for emissions analysis in conformity
determinations to ensure consistency with the SIP;
(l) Consult with MPOs, RPCs, EPA, FHWA, FTA,
and the department in the selection and development of TCMs if determined to be
necessary or desirable to attain the NAAQS and in the preparation of the SIP
with respect to these measures;
(m) Provide
assistance and comments to the department on SIP revisions dealing with mobile
source issues;
(n) Notify
the department, MPOs, RPCs, FHWA, FTA, and EPA of STIP and TIP amendments that
add, delete, or modify exempt and non-exempt projects;
(o) Document
timely implementation of TCMs that are in the SIP and transportation projects
in the STIP that have positive air quality impacts; and
(p) In
cooperation with MPOs, develop a list of regionally significant public or
private transportation projects in accordance with Env-A 1503.12(b).
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.07 Roles and Responsibilities
of MPOs. In implementing 23 CFR 450,
each MPO shall:
(a) Develop
a metropolitan transportation plan;
(b) Develop
TIPs;
(c) Assist
the department and NHDOT in determining current estimates of VMT and forecasts
of VMT necessary for input to the SIP development process;
(d) Implement
public involvement procedures in the development of its metropolitan
transportation plan and TIPs including conformity determinations;
(e) Make
conformity determinations for its metropolitan transportation plan and TIPs,
with assistance from NHDOT and the department;
(f) Coordinate
and consult with NHDOT, EPA, FHWA, FTA, and the department to determine
appropriate data inputs into emissions analysis models used for emissions
analysis in conformity determinations to ensure consistency with the SIP;
(g) Consult
with the department, FHWA, EPA, FTA, and NHDOT in the selection and development
of TCMs for the MPO area, if the department determines that TCMs are necessary
or desirable to attain the NAAQS, and assist in the analysis of these measures
for inclusion in the SIP;
(h) Provide
assistance and comments to the department on SIP revisions dealing with mobile
source issues in the MPO area;
(i) Consult with the department, NHDOT, EPA,
FHWA, RPCs, and FTA in transportation conformity determinations and
transportation planning processes relating to air quality issues including but
not limited to VMT, speed estimates, emissions modeling and emissions budget
comparisons, analysis years, exempt/not exempt project lists, and regionally
significant projects;
(j) Notify
NHDOT, FHWA, FTA, EPA, other MPOs, RPCs, and the department of any amendments
to the MPO’s metropolitan transportation plan or TIPs that add, delete, or
significantly modify exempt and non-exempt projects;
(k) Evaluate,
select, maintain, and update regional transportation models in nonattainment or
maintenance areas in cooperation with NHDOT, RPCs, and the department;
(l) Document and coordinate with the department
on the implementation of TCMs that are in the SIP and transportation projects
in the MPO’s metropolitan transportation plan and TIPs that have positive air
quality impacts;
(m) Through
interagency consultation, develop a list of regionally significant projects in
the MPO’s area and provide the list to NHDOT and the department; and
(n) Provide
preliminary conformity findings to the department.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.08 Interagency Consultation.
(a) To
facilitate the consultation required by 40 CFR §93.105, NHDOT shall schedule
and convene consultation meetings relating to the transportation conformity
process as follows:
(1) Regular meetings shall be held no less
frequently than monthly; and
(2) Additional meetings may be held as needed to
facilitate interagency communications.
(b) NHDOT
shall invite the department, MPOs, RPCs, EPA, FHWA, and FTA to participate in
each meeting convened pursuant to (a), above, provided however that a meeting
shall qualify as a regular meeting under (a)(1), above, only if representatives
of NHDOT, the department, and MPOs are present.
One or more representatives may participate by electronic means provided
the individual can hear and be heard simultaneously by all other attendees.
(c) Any
invitee listed in (b), above, may request NHDOT to schedule an interagency
consultation meeting at any time.
(d) The
purpose of regular interagency consultation meetings shall be to discuss topics
relevant to transportation conformity requirements, including but not limited
to the following:
(1) Development of a SIP or SIP revisions,
including but not limited to those involving transportation-related issues and
mobile sources;
(2) Development of a metropolitan transportation
plan or TIP, minor revisions to a TIP, amendment(s) to a TIP or metropolitan
transportation plan, and any determination of conformity for such plans;
(3) Emissions budgets;
(4) TCMs and mitigation measures pursuant to 40
CFR §93.125(c) and §93.122(a)(4)(ii), respectively, that are in the SIP or are
being considered for inclusion in the SIP;
(5) Evaluation and determination of events that
will trigger new conformity determinations; and
(6) Coordination of emissions analyses for
transportation activities that cross the borders of MPOs or nonattainment or
maintenance areas or include areas outside of MPO boundaries.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.09 Access to Materials.
(a) NHDOT
or each MPO, as appropriate, shall provide access to the following materials to
the department no later than at the start of the public comment period for the
metropolitan transportation plan, TIP, or regional emissions analyses performed
by NHDOT outside MPO areas:
(1) Lists of exempt/not exempt projects and
regionally significant projects, regardless of funding source;
(2) Metropolitan transportation plans, TIPs, and
corresponding air quality analyses and conformity determinations and analyses
of all projects outside MPO boundaries, but within the nonattainment or
maintenance area;
(3) Amendments to the metropolitan transportation
plans and TIPs and significant changes in project design and scope since the
previous conformity determination;
(4) Notices of public hearings and public comment
periods for the metropolitan transportation plans,
TIPs, or regional emissions analyses performed by NHDOT;
(5) All correspondence received from EPA, FHWA,
FTA, or MPOs regarding conformity determinations and/or transportation planning
processes relating to air quality issues; and
(6) STIP amendments in nonattainment or
maintenance areas outside MPO areas.
(b) The
department shall provide access to the following materials to NHDOT, EPA, FHWA,
FTA, MPOs, and RPCs for comment during the SIP development process and
conformity determination process:
(1) SIP revisions pertaining to mobile sources
including inventories, budgets, forecasts, and strategies for reduction of
emissions, TCMs, transportation conformity, general conformity, area
classifications, and redesignations;
(2) Proposed and final inputs to emissions
analyses models necessary for SIP development and conformity determinations;
(3) Comments and guidance from EPA, FHWA, and FTA
to the department regarding SIP development issues relating to mobile sources
and transportation; and
(4) Notices of public hearings and public comment
periods on SIP revisions regarding mobile sources or emissions budgets.
(c) Each
MPO shall provide access to its metropolitan transportation plan and TIPs that
have received a final conformity determination by the MPO to NHDOT and to the
department.
(d) NHDOT
shall provide access to the following materials as noted:
(1) The metropolitan transportation plans and
TIPs to FHWA, EPA, and FTA for conformity findings; and
(2) Any final regional emissions analysis for
non-attainment or maintenance areas outside MPO boundaries to the department,
each MPO, the affected RPC, EPA, FHWA, and FTA.
(e) Access
to all materials specified in (b) through (d), above, also shall be provided to
the public for review and comment.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.10 Responding to Comments.
(a) After
reviewing comments received on conformity determinations performed for TIPs,
metropolitan transportation plans, and any non-attainment or maintenance areas
outside the MPO areas, NHDOT shall:
(1) Document and respond to significant comments;
and
(2) Include a compilation of written comments and
responses in any final conformity determinations.
(b) After
reviewing comments received on draft conformity determinations for the
metropolitan transportation plan and TIP, each MPO shall:
(1) Document and respond to significant comments;
and
(2) Include a compilation of written comments and
responses in the final metropolitan transportation plan and TIP conformity
determination.
(c) If
any significant comment requires additional analysis, NHDOT, the department,
and the appropriate MPO(s) shall establish the appropriate course of action
pursuant to 40 CFR 93, Subpart A.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.11 Transportation Control
Measures.
(a) If,
after consultation as described in Env-A 1503.05(c), the department determines
the need for TCMs in the SIP, the following actions shall occur:
(1) The department shall request NHDOT to
coordinate an interagency consultation to identify the quantity of emissions
reductions necessary;
(2) The department, NHDOT, affected MPO(s), and RPCs
shall each prepare a list of appropriate TCM(s) that potentially achieve the
emissions reductions required, quantify the emissions benefits from their
proposed projects, and review funding availability, scheduling, and permitting
issues for the proposed TCM(s);
(3) NHDOT shall coordinate an interagency
consultation to discuss the list of TCM(s) and corresponding emissions benefits
to be incorporated into the SIP;
(4) The TCM(s) selected shall be incorporated
into the affected metropolitan transportation plan(s), affected TIP(s), and the
STIP, if necessary, and go through the applicable public participation
process(es) necessary to amend the STIP, TIP(s), and/or metropolitan
transportation plan(s);
(5) The TCM(s) shall include a written commitment
to implement the measure from the responsible entity per 40 CFR
§93.122(a)(4)(ii); and
(6) The department shall develop a SIP revision
in accordance with §110 of the Act that incorporates the selected TCM(s)
according to the implementation time frame agreed to by the affected MPO(s),
NHDOT, and the department.
(b) If
TCMs are incorporated into the SIP, NHDOT shall:
(1) Track the implementation of the TCM project and
provide periodic updates no less than annually on implementation to the
department, the affected MPO(s), and RPCs;
(2) Prepare an update on TCM(s), if any,
identified in the SIP prior to conformity determinations and provide the update
to the department, affected MPO(s) and RPCs; and
(3) Coordinate an interagency consultation if
TCM(s) are not on schedule or if funding for the project is in jeopardy.
Source. (See Revision Note at chapter heading for Env-A
1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.12 Regionally Significant
Projects.
(a) Projects
that are considered regionally significant for purposes of regional emissions
analysis shall include any transportation project that:
(1) Is not otherwise required to be included in
the metropolitan transportation plan, TIPs, or STIP;
(2) Is not considered exempt according to the
federal transportation conformity rule, 40 CFR §93.126 and 40 CFR §93.127; and
(3) Is expected to have a significant impact on
travel patterns, consistent with the definition of regionally significant in 40
CFR §93.101 or as determined through interagency consultation.
(b) Each
MPO shall:
(1) Maintain a list of regionally significant
projects for inclusion in the conformity determinations in its area based on
information requested from communities in the MPO through established
committees including technical advisory committees and other public
participation; and
(2) Provide access to the list of regionally
significant projects to NHDOT and the department.
(c) Pursuant
to 23 CFR 450, NHDOT shall:
(1) Develop a list of regionally significant
projects in nonattainment or maintenance areas outside an MPO area based on
information regarding state funded or permitted projects and on information
gathered from RPCs in the nonattainment or maintenance areas;
(2) In cooperation with the MPOs and RPCs,
combine the list described in (1), above, with the list of regionally
significant projects, described in (b)(1), above, from the MPOs and RPCs;
(3) Provide access to the combined list described
in (2), above, to the department, the MPOs, RPCs, EPA, FHWA, and FTA as part of
conformity determinations of the metropolitan transportation plan, TIP or regional emissions analyses of projects outside MPO
areas; and
(4) Provide information on regionally significant
projects within MPO and RPC areas to the affected MPO(s) and RPCs.
(d) When
an application is received from a major traffic generator for access to a
state-maintained highway, NHDOT shall:
(1) Notify the affected MPO and RPC to make the MPO
and RPC aware of potential traffic impacts from major traffic generators; and
(2) If the application results in a
transportation project that meets the criteria of a regionally significant
project, include that project on its list of regionally significant projects
circulated as specified in (c), above.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.13 Emissions and Transportation
Modeling. Pursuant to 23 CFR 450:
(a) NHDOT
shall coordinate an interagency consultation for the evaluation and selection
of both microscale and mesoscale emissions models used in the conformity
determination process for metropolitan transportation plans, TIPs, and
projects.
(b) MPOs
shall:
(1) Evaluate and select the appropriate travel
demand models for their area with input from NHDOT;
(2) At the time of initial model selection or at
the time when an MPO has decided to change to a new model, notify EPA, FHWA,
FTA, RPC’s, and the department; and
(3) If MPOs are located in
nonattainment or maintenance areas, maintain regional transportation models.
(c) NHDOT,
FHWA, and FTA shall have an opportunity to comment on the development and
maintenance efforts of these models through approval of the unified planning
work program.
(d) In areas where transportation models exist
currently or are required in the future, MPOs shall update, at least every 2
years, land use assumptions in the model to reflect any large-scale
developments approved subsequent to the date of the
last update.
Source. (See Revision Note at chapter heading for Env-A
1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.14 Exempt/Not Exempt Project
Lists. Pursuant to 23 CFR 450:
(a) Prior
to making any conformity determinations, MPOs and NHDOT shall:
(1) Review all projects within nonattainment or
maintenance areas that are in the STIP and TIPs, to determine whether the
projects are exempt under 40 CFR §93.126 and §93.127; and
(2) Determine if any exempt projects shall be
classified as not exempt because of potential emissions impacts.
(b) NHDOT
and MPOs shall provide access to the department, RPCs, EPA, FHWA, and FTA for
review and comment a list of projects and their exempt/non-exempt status as
part of conformity determinations of metropolitan transportation plans, TIPs,
and regional emissions analyses performed outside the MPO areas.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.15 Projects in PM2.5
and Nonattainment or Maintenance Areas. - RESERVED
Source. (See Revision Note at part heading for Env-A
1500) #9999, eff 10-1-11
Env-A 1503.16 Notification of Metropolitan
Transportation Plan, TIP, or STIP Proposed Amendments of Exempt Projects. Pursuant to 23 CFR 450:
(a) NHDOT
shall notify the appropriate MPO(s), the department, affected RPCs, EPA, FHWA,
and FTA of any proposed STIP amendment that adds or deletes an exempt or
non-exempt project as listed in 40 CFR §93.126 and §93.127.
(b) MPOs
shall notify NHDOT, the department, EPA, FHWA, and FTA of any proposed
amendment to a metropolitan transportation plan or TIP that adds, deletes, or
significantly modifies an exempt or non-exempt project as listed in 40 CFR
§93.126 and §93.127.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.17 Conformity in Nonattainment
or Maintenance Areas Outside MPO Areas or Containing More Than One MPO Area. Pursuant to 23 CFR 450:
(a) In
portions of nonattainment or maintenance areas that are not included in an MPO
area or that contain more than one MPO area, NHDOT shall determine conformity
of TIPs, metropolitan transportation plans, and plans for any nonattainment or
maintenance areas outside the MPO boundaries, incorporating the most recent
emissions analysis from the currently conforming metropolitan transportation
plan and TIP for all MPOs that are within the nonattainment or maintenance
area.
(b) In
nonattainment or maintenance areas that contain more than one MPO, each MPO
shall consider the most recent emissions analysis from the other currently
conforming metropolitan transportation plans and TIPs within the region.
(c) NHDOT
shall coordinate conformity determinations in nonattainment or maintenance
areas with more than one MPO.
Source. (See Revision Note at chapter heading for Env-A
1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.18 Resolving Conflicts.
(a) During
the public comment period on conformity determinations of metropolitan transportation
plans, TIPs, and NHDOT regional emissions analyses of transportation projects,
the department shall:
(1) Review the conformity determination of such metropolitan
transportation plans, TIPs, and NHDOT regional emissions analyses;
(2) Submit written comments on the conformity
determinations to the appropriate MPO and to NHDOT as soon as possible but no
later than the close of the public comment period; and
(3) Include in the comments specified in (2),
above, a clear finding of concurrence or nonconcurrence on the conformity
determinations and a list of issues to be addressed, if any.
(b) If
the department does not concur with the conformity determination, NHDOT or the
appropriate MPO, as applicable, shall submit a written response(s) to the
department within 14 calendar days of the receipt of the department comments,
that clearly addresses each of the stated issues either by revising the
determination or by explaining why the determination was not revised.
(c) If
the issues cannot be resolved, the provisions of 40 CFR §93.105(d) relative to
resolving conflicts shall apply.
(d) Pursuant
to 23 CFR 450, if a conflict arises among MPOs with respect to conformity
determinations, NHDOT shall:
(1) Act as the arbitrator; and
(2) Invite the department to any meetings held to
resolve the conflict.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.19 Public Consultation.
(a) Pursuant
to 23 CFR 450, NHDOT, the department, and MPOs, RPCs, EPA, FHWA, and FTA shall
implement all applicable federal and state required public notification and
public participation processes throughout the interagency consultation process.
(b) MPOs
shall provide between 10 and 30 days for receipt of public comment and review
of applicable TIPs and transportation plans, as required by NHDOT Statewide
Transportation Improvement Program (STIP) Revision Procedures, prior to taking
a formal action on conformity determinations of MPO transportation plans and
MPO TIPs.
(c) NHDOT
shall provide between 10 and 30 days for receipt of public comment and review
of applicable TIPs and transportation plans, as required in NHDOT STIP Revision
Procedures, prior to taking formal action on conformity determinations of NHDOT
regional emissions analysis in areas outside MPO areas or in areas covered by
more than one MPO.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11l ss by #12975, eff 1-18-20
Env-A 1503.20 Commitments for Regional
Emissions Analysis. In accordance
with 40 CFR §93.122(a)(4)(ii), an MPO shall not include emissions reduction
credits from control measures that are not included in its metropolitan
transportation plan or TIP and that do not require a regulatory action in the
regional emissions analysis used in the conformity determination unless the
MPO, FHWA, or FTA obtains written commitments, as defined in 40 CFR §93.101,
from the appropriate entities to implement those control measures.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1503.21 Commitments for
Project-Level Mitigation and Control Measures.
(a) In
accordance with 40 CFR §93.125(c), prior to making a project-level conformity
determination for a transportation project, the FHWA or FTA shall obtain from
the project sponsor or operator a written commitment, as defined in 40 CFR
§93.101, to implement any project-level mitigation or control measure in the
construction or operation of the project identified as a condition for NEPA
process completion.
(b) Prior
to making a conformity determination for a metropolitan transportation plan or
TIP, the MPO shall ensure that any project-level mitigation or control measures
for which a written commitment has been made are included in the project design
concept and scope and are appropriately identified in the regional emissions
analysis used in the conformity analysis.
(c) Written
commitments shall be obtained before such mitigation or control measures are used
in a project-level hot-spot conformity analysis for a project-level
determination.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
PART Env-A 1504 CONFORMITY OF
GENERAL FEDERAL ACTIONS
Env-A 1504.01 Purpose. The purpose of this part is to implement
§176(c)(4) of the Clean Air Act (the Act), as amended, and 40 CFR 93, Subpart
B, with respect to the conformity of federal actions to the SIP, to ensure that
the purpose and intent of the SIP are met.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1504.02 Applicability.
(a) Pursuant
to §176(c)(1) of the Act, this part shall apply to any federal department,
agency, or instrumentality that meets the applicability criteria as specified
in 40 CFR §93.153.
(b) This
part shall not apply to any entity subject to a conformity determination for a
federal action related to a transportation plan, program, or project developed,
funded, or approved under 23 USC §§101 et seq. or the Federal
Transit Act, as amended, 49 USC §§1601 et seq.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A 1504.03 References. For the purpose of this
part, unless otherwise specified all references to 40 CFR 93, Subpart B, shall
be to the July 1, 2018 edition.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A
1504.04 Federal
Definitions Incorporated. The
definitions contained in and referred to in 40 CFR §93.152 shall apply to the
terms used in this part.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Env-A
1504.05 Conformity
to State and Federal Implementation Plans.
(a)
Pursuant to §176(c)(1) of the Act, no applicable federal entity shall
engage in, support in any way including providing financial assistance for, or
license, permit, or otherwise approve any activity that does not conform to the
SIP or FIP developed pursuant to §110 and §171 through §185 of the Act.
(b)
Such determination that a federal activity conforms to the SIP or FIP
shall be made in accordance with §176 of the Act and 40 CFR 93, Subpart B.
Source. (See Revision Note at chapter heading for
Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20
Appendix
Rule
Section/Paragraph |
State Statute
Implemented |
Federal
Statutes or Regulations Implemented |
Env-A 1501.01 - Env-A
1502.02 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 40 CFR 93, Subpart A |
Env-A
1502.01(a) |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 23 CFR 450 |
Env-A
1502.01(b) |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 40 CFR 93 |
Env-A
1502.02 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 40 CFR §93.101 |
Env-A
1502.03 |
RSA 125-C:4, I(a); RSA
36:45 - 58 |
42
U.S.C. §7506; 40 CFR §93.101 |
Env-A
1502.03(d) & (f) |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 42 U.S.C. §7407; 40 CFR §51.852 |
Env-A
1503.01 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 40 CFR §93.105; 40 CFR §93.122(a)(4)(ii); 40 CFR §93.125(c) |
Env-A
1503.02 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 40 CFR §93.102 |
Env-A
1503.03 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 42 U.S.C. §7511; 42 U.S.C. §§ 7501-7515; 40 CFR 93, Subpart A |
Env-A
1503.04 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 42 U.S.C. §7407 |
Env-A
1503.05 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 40 CFR 51, Subpart T; 40 CFR 93, Subpart A |
Env-A
1503.06 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 23 CFR 450, Subpart B |
Env-A
1503.07 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 23 CFR 450, Subpart C |
Env-A
1503.08-1503.21 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 23 CFR 450; 40 CFR 93, Subpart A |
Env-A
1504.01 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 40 CFR 51, Subpart W |
Env-A
1504.02 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 40 CFR §51.853 |
Env-A
1504.03 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 40 CFR 51 |
Env-A
1504.04 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 40 CFR §51.852 |
Env-A
1504.05 |
RSA
125-C:4, I(a) |
42
U.S.C. §7506; 42 U.S.C. §7511; 42 U.S.C. §§ 7501 - 7515; 40 CFR 51, Subpart
W |