## COMPILATION OF PUBLIC COMMENTS AND NEW HAMPSHIRE'S RESPONSE THERETO 40 CFRPart 51, Appendix V, 2.1(h)

## /40y AA, ,. 4 -t ThE STATE OF 1tiEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION Dcpsvt-unt ofTimeaportatioxi GEORGL' N

. CAMPBELL, JR, COMMISSIONER JEFFBRILLHART, RE ASSISTi! NTCOMMISSIONER 

### September 14, 2011
Representative Betsey L. Patten, Chair NH Joint Legislative Committee on Administrative Rules 25 Capitol Street, Room219 Concord, NH 03301-6312 RE: Revisions to Env-A 1500, Conformity ofTransportation Plans and Federal Actions On behalf of the New

Hampshire Department ofTransportation (NHDOT), I would like to indicate our support for the proposed rule changes to Env-A 1500, that are being pursued by the NHDepartment of Environmental Services. NHDOT has actively participated in the development of the proposed Env-A 1500 with the New Hampshire Department of Environmental Services (NHDES) and other affected agencies. Through that development and consultation process, all of the concerns ofthe NHDOT were able to be discussed and adequately addressed bythe proposed rules now being considered. Many portions of the proposed rules specify requirements for the NHDepartment ofTransportation because the proposed rules are primarily derived fromfederal law that the NHDOT is already bound to and required to fulfill . Similarly, the requirements have remained largely unchanged between the proposed and existing Env-A 1500 . As such, the inclusion ofsuch requirements in the proposed rule is not an area of concern for Nl-IDOT. Please feel free to contact me should you have questions. Sincerely,

WilliamWatson 

### Administrator, New Hampshire PE,

eau of Planning and Community Assistance epartment of Transportation



### cc: Rebecca Ohler, Thomas Fargo, NH Department ofEnvironmental Services Nicholas Alexander, NH Department of Transportation JOHN O . MORTON BUILDING " 7 HAZEN DRIVE " P.O. BOX 483 " CONCORD, NEW HAMPSHIRE 03302-0483 TELEPHONE: 603-271-3734 " FAX: 603-271-3914 - TDD : RELAY NH 1-80D-735-2964 " INTERNET: WWW .NHDOT.COMJ~~~EO srqT~sy2 Q 0? rq4 PROZEG 

### UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY Region 1 5 Post Office Square, Suite 100 Boston, MA 02109-3912 ~'&VIED NEW i-IAM .P"W August 3, 2011 Ms. Karla McManus New Hampshire Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095 Dear Ms McManus: 

# AUG 08 2011 AW M&0W101-M

MIG6C?N

New Hampshire is currently proposing revisions to its Env-A 1500 Conformity regulation. EPA staffhave reviewed the proposal and youwill find the Agency's comments in the Enclosure. EPAis pleased that the New Hampshire Conformity Rules being updated continue to reflect the State Implementation Plan (SIP) streamlining flexibility created by Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, August 10, 2005)
. The streamlined transportation conformity SIPneeds to address three areas: criteria and procedures for consultation (40 CFR93.105) ; enforcement (93.125(c)) ; and enforceability (93.122(a)(4)(ii))
. Once New

Hampshire's revised Conformity Rule has been adopted, it should be submitted to EPA as a SIP revision to fulfill the SIPrequirement established at 40 CFR51 .390. If you have any questions regarding our enclosed comments, please contact Donald O . Cooke of my staff at (617) 918-1668 or cooke.donald(a~,epa.gov . Sincerely, 

# C4 _AA-?~ IF 6~~j 

### Anne E. Arnold, Manager Air Quality Planning Unit Enclosure cc: Thomas Fargo, NHDES

### Enclosure 

## EPAComments on the NH DES August 2011 proposed revisions to

Env-A 1500 Conformity Rules
General Comment 1 . The New

Hampshire Conformity Rule often uses the term"nonattainment area" to refer to areas subject to transportation conformity determinations. The Metropolitan Planning Organizations (MPOs) and the U .S. Department of Transportation, however, make transportation conformity determinations with respectto transportation plans, transportation improvement programs, and transportation projects in nonattainment areas and attaimnent areas with a current maintenance plan in place. In New Hampshire, pollutant nonattainment areas and attainment areas with a maintenance plan overlap. Specifically, there is the 1997 8-hour ozone nonattainment area (Boston-Manchester-Portsmouth (SE), NH) and two carbon monoxide attainment areas with maintenance plans (Manchester and Nashua), triggering the requirement for multiple air quality conformity analyses, one for each pollutant/area
. Therefore, the rule should be revised to clarify that it also applies in attainment areas with a current maintenance plan in place. St)ecific Comments 2. Env-A 1503.06- EPAwould like to point out that the Statewide Transportation Improvement Program(STIP) is not subject to transportation conformity. Individual MPO

transportation improvement programs (TIPs) in either nonattainment areas or attainment areas with a maintenance plan are subject to transportation conformity and those MPOTIPs are carried over in whole to the STIR For transportation projects located outside of MPOboundaries, and within a nonattainment area or attainment area with a current maintenance plan, the New Hampshire Department ofTransportation would prepare the air quality conformity analysis in combination with any MPO(s) air quality analysis to collectively demonstrate transportation conformity for the area subjectto transportation conformity. 3. Env-A 1503.06(f) - Reference should be made to NHDOT's responsibility to assist in making transportation conformity determinations in nonattainment areas or attainment areas with a current maintenance plan located outside ofthe MPO boundaries. 4 . Env-A 1503.06(g) - Reference should be made to NHDOT's responsibility to make project-level conformity determinations required by 40 CFR 93 .116. Currently in the state of New Hampshire, only carbon monoxide (CO) hot-spot analyses are required within the Nashua COattainment area with a maintenance plan, and within the Manchester COattainment area with a maintenance plan.

### Projects in the STIP outside of the two carbon monoxide attainment areas with a maintenance plan would not currently be subject to project-level transportation conformity. Note aproject should satisfy all transportation conformity requirements (at the transportation plan, transportation improvement program, and project level) before added to the STIP
. 5. Env-A 1503.06(k) and Env-A 1503.07(f) - EPA recommends that these sections also include coordinating and consulting with EPAon data inputs into air quality models
. 6. Env-A 1503.07(j) - The MPO has the responsibility of notifying NHDOTand the department of any amendments to the MPO's metropolitan transportation plan or TIPs that add or delete exempt projects. Please consider adding EPAas well as FHWA and FTAto the notification. Notifying the interested parties of adding and/or deleting exempt projects allows the opportunity for consultation on whether the "exempt" project truly fits the exempt definition or should be treated as a non-exempt project. See Env-A 1503.14(a)(2)
. On the other hand, adding or deleting anon-exempt project, located in an area subject to transportation conformity, triggers the need for a new conformity determination that may be satisfied by the existing air quality conformity analysis or may require a new air quality conformity analysis. EPAwould like to see the MPO's responsibility include notifying the department, other MPOs, RPCs, FHWA, FTA, and EPAof amendments which add or delete non-exempt projects which trigger new air quality conformity determinations. Therefore, EPArecommends that Env-A 1503.07(j) be revised to read as follows: "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 or delete exempt and non-exempt projects" Similarly, Env-A 1503.06(n) should be revised to include non-exempt projects. 7. Env-A 1503.08(d) - EPArecommends that this section be expanded to include minor revisions to a TIP, and any TIPamendment as events to initiate interagency consultation. 8 . Env-A 1503.09(a)(6) - NHDES maywish to expand this section to refer to "STIP amendments in nonattainment areas or attainment areas with a maintenance plan outside MPOareas" for potential future nonattainment areas outside of the MPOboundaries being redesignated to attainment and having a maintenance plan, hence subject to transportation conformity. 9 . Env-A 1503.09(d) - EPA recommends that NH DES expand subsections (d)(1) and (d)(2) to also include providing access to the referenced materials to EPA .

### 10. Env-A 1503.13(b)(3) - EPArecommends that NHDES consider modifying this section to require all MPO's, notjust those in nonattainment areas, to maintain regional transportation models. 11 . Env-A 1503.14(a)(1) - Projects to be reviewed should not be restricted to those in nonattainment areas, nor to those in the STIP and TIP . All projects partially or wholly located in an area subject to transportation conformity (nonattainment areas and attainment areas with amaintenance plan) and identified within the Metropolitan Transportation Plan, Statewide Transportation Plan, TIP or listed on the Statewide Transportation Improvement Program, should be reviewed to determine whether the project is exempt under 40 CFR93.126 and 93.127. The air quality conformity analysis is based on existing network and future projects identified in the area's long range transportation plan and transportation improvement programs. 12. Env-A 1503.16(a) and (b) - These sections address an amendment which adds or deletes an exempt project. As discussed above, . notification of amendments that add and/or delete exempt projects allows the opportunity for consultation on whether the "exempt" project truly fits the exempt definition or should be treated as a non-exempt project. Onthe other hand, adding or deleting a non-exempt project, located in an area subject to transportation conformity, triggers the need for a new

conformity determination that may be satisfied by the existing air quality conformity analysis or may require a new air quality conformity analysis. Therefore, EPArecommends that Env-A 1503.16 be revised to address notification of amendments which add or delete non-exempt projects which trigger new

air quality conformity determinations. 13. Env-A 503.17(a) - This section states that "NHDOT shall determine conformity of STIPs." As noted above, there is no "conformity determination" made on STIPs. However, all projects located within an area subjectto transportation conformity (nonattainment areas and attainment areas with a maintenance plan) must be included in all appropriate long range transportation plans, multi-year transportation improvement programs for that area, and must be reflected appropriately in the air quality conformity analysis. Typographical Errors 14. Env-A 1503.01 - Reference in section (c) should be to "The mitigation measures required by 40 CFR§93.125(c) ." Please replace the capital letter S ("S") in this section with the section symbol . 15. Env-A 1503.04 - Reference in section (h) to "Env-A 1501 .18" which does not exist, should be revised to reference "Env-A 1503.18 Resolving Conflicts ." 16. Env-A 15003.21 - It appears there is an extra zero and the number should be 1503.21 .

### The State of New Hampshire DEPARTMENT OF ENVIRONMENTAL SERVICES

Thomas S. Burack, Commissioner

August 18, 2011

Anne Arnold, Manager Air Quality Planning Unit US EPA, Region I 5 Post Office Square, Ste 100 Boston, MA 02109-3912 RE: NH DES Proposed Chapter Env-A 1500 Conformity Rules Dear Ms. Arnold: Thank you for taking the time to comment on the readoption with amendment of Env-A 1500, Conformity. We have reviewed your suggestions and have complied with all ofyour sixteen requests by revising the appropriate language in the rule (copy enclosed)
. EPA's comments and our responses are summarized in the enclosed chart. Once the Env-A 1500 rule has been adopted, we will submit it to EPA as a SIP revision to fulfill the SIP requirement established at 40 CFR 51 .390. Ifyou have any questions, please call me at 603-271-6854. Sincerely,



# ~" ~~`l~v Karla S. McManus Planning and Rules Manager NH DES Air Division ec: Donald Cooke, EPA Enclosures

DES Web site: www .des.nh .gov P .O . Box 95,29 Hazen Drive, Concord, NewHampshire 03302-0095 Telephone: (603) 271-1370 " Fax: (603) 271-1381 " TDDAccess: Relay NH 1-800-735-2964Added text in bold italics FP 2011-80 Annotated 08-17-11 1

Deleted text °tFu^k *hi-^u^h C1-IAPTER Env-A 1500 CONFORMITY



### Statutory Authority: RSA 125-C:4, 1(a) Change the heading ofPART Env-A 1501 to read as follows: PART Env-A 1501 PURPOSE ANDAPPLICABILITY Readopt with amendment Env-A 1501 . 01(a), eff . 10-14-03 (doc

. #7971), to read as follows : Env-A 1501 .01 Purpose. The purpose of this chapter is to implement § 1"l6 of the Clean Air Act (the Act), as amended, and 40CFR 93, wi&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. 

### Adopt Env-A 1501 .02 to readasfollows: Env-A 1501 .02 Applicability. This chapter shall apply as specified in Env-A 1503 .02 and Env-A 1504.02. Insert a headingfor PART EnvA 1502 to read asfollows: PART Env-A 1502 REFERENCES ANDDEFINITIONS Readopt with amendment Env-A 1501 . 03, eff . 10-14-03 (doc
. #7971), as amended eff . 6-22-05 (doc

. #8382), and renumber as Env-A 1502.01 and Env-A 1502 .02, to read asfollows: Env-A 1502.01 References. (a)
. For the purpose of this chapter, unless otherwise specified all references to 23 CFR450shall be to the April 1, 2011 edition. (b) For the purpose of this chapter, unless otherwise specified all references to 40 CFR93, including any subpart thereof, shall be to the July 1, 2011 edition. Env-A 1502.02 Federal Definitions Incorporated. Except as specified in Env-A 1502.03 or pail--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. Readopt with amendment Env-A 1501 .04 and Env-A 1502 .04(a) and (c), eff

. 10-14-03 (doc
. #7971), and renumber as Env-A 1502 .03, to read as follows: 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 20years 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 .Added text in bold italics FP 2011-80 Annotated 08-17-11 2

Deleted text t " ^' " t'"'^""'' (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 New Hampshire designated as a nonattainment area by EPA under § 107 ofthe Act for any pollutant for which a NAAQS exists. 

### (g) "Provide access to" means: (1) For any document(s) for which access is being provided to a specific entity (recipient entity), 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 the recipient entity(ies) ofthe 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 ofthe 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) "Regional planning commission (RPC)" means any specific planning region as delineated by the office of state energy and planning or otherwise established as specified in RSA 36:45 through RSA 36:58. For the purposes ofthis chapter, the reference to RPCs includes only those RPCs with municipalities located 'in a nonattainment or maintenance area. (i) "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. (j) "Statewide transportation improvement program(STIP)" means "a statewide transportation improvement program(STIP)" as defined in 23 CFR §450.104, namely "a statewide prioritized listing/ programof transportation projects covering a period of four years that is consistentwith 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." (k) "Transportation improvement program(TIP)" means "a transportation improvement program (TIP)" as defined in 23 CFR §450.104, namely "a prioritized listing/ programof transportation projects covering a period of four years that is developed and formally adopted by an MPOas part oftheAdded text in bold italics FP 2011-80 Annotated 08-17-11 3

Deleted text stFUalrtlff$aigh metropolitan transportation planning process, consistent with the metropolitan transportation plan, and required for projects to be eligible for funding under 23 title U.S.C. and 49 title U.S.C. Chapter 53." Insert a headingfor PART Env-A 1503 to read asfollows: PART Env-A 1503 TRANSPORTATION CONFORMITY Readopt with amendment Env-A 1501 . 01(b), eff . 10-14-03 (doc
. #7971), and renumber as Env-A 1503.01, to read asfollows: 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 CFRS-§93.125(c)
. Readopt with amendment Env-A 1501.02 and Env-A 1501 .05 through Env-A 1501 .21, eff . 10-14-03 (doc

. #7971), and renumber as EnvA 1503.02 through Env-A 1503.19, to read asfollows: 

### Env-A 1503.02 Applicability
. This part shall apply as specified in 40 CFR §93.102. 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 conformto 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 accordancewith § 176 of the Act and 40CFR 93, Subpart A

. 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 RockinghamMPO . (b) Each MPOshall serve as a forum for cooperative transportation decision-making. Env-A 1503.05 Roles and Responsibilities ofthe 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 NHdepartment of transportation (NHDOT), MPOs, RPCs, EPA, Federal Highway Administration (FHWA), and Federal Transit Administration (FTA) at the initiation ofand 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 on issues related to the SIP and transportation; (e) Coordinatewith NHDOT, MPOs, RPCs, and EPAto determine inputs for air quality analysis emissions modeling on MPOtransportation improvement programs (TIPs), transportation plans, and projects;Added text in bold italics FP 2011-80 Annotated 08-17-11 4

Deleted text stfuelE through (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 MPOareas 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 4-541-1503.18. 

### Env-A 1503.06 Roles and Responsibility of NHDOT. In implementing 23 CFR450, NHDOTshall : (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 ofvehicle miles traveled (VMT) for each nonattainment or maintenance area and forecasts ofVMT necessary for inputto the SIP; (e) Provide assistance to MPOs in performing analysis leadingto transportation conformity determinations in their regions; (f) Conduct analyses and Mmake transportation conformity determinations in-reg~ens-for all projects outside 4-MP0boundaries, but within nonattainment or maintenance areas; 

### (g) Make project-level conformity determinations as required by 40CFR93 .116, including hot-spot analyses in carbon monoxide (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 confarmity 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, and regionally significant projects; (i) Coordinate conformity determinations in nonattainment or maintenance areas consisting of more than one MPOarea; (j) Evaluate, select, maintain, and update a statewide transportation model capable of emissions analysis in non-attainment areas outside MPOboundaries, 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; (1) Consult with MPOs, RPCs, 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 SIPwith respect to these measures ; (m) Provide assistance and comments to the department on SIP revisions dealing with mobile source issues;Added text in bold italics FP 2011-80 Annotated 08-17-11 5

Deleted text s'm°'- t"Fou^k (n) Noti~y the department, IMIPOs, RPCs, FiiWA, PTA, and EPA of STIP amendments which add or delete exempt and non-exempt projects; (o) Document timely implementation of TCMs which are in the SIP and transportation projects in the STIP which 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 1501 .14(c)
. Env-A 1503.07 Roles and Responsibilities of MPOs . In implementing 23 CFR 450, each MPOshall : (a) Develop a metropolitan transportation plan; 

### (b) DevelopTIPs ; (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 fromNHDOT and the department ; (f) Coordinate and consult with NHDOT, EPA, 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 and NHDOT in the selection and development of TCMs for the MPOarea, if the department determines that TCMs are necessary or desirable to attain the NAAQS, and assist in the analysis ofthese measures for inclusion in the SIP; (h) Provide assistance and comments to the department on SIP revisions dealingwith mobile source issues in the MPOarea; (i) Consult with the department, NHDOT, EPA, FHWA, RPCs, and PTA 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, 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 or delete exempt andnon-exempt projects; (k) Evaluate, select, maintain, and update regional transportation models in nonattainment or maintenance areas in cooperation with NHDOT, RPCs, and the department ; (1) Document implementation of TCMs which are in the SIP and transportation projects in the MPO's metropolitan transportation plan and TIPs which 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 conformityfindings to the department .Added text in bold italics FP 2011-80 Annotated 08-17-11 6

Deleted text Ara&through 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 meeting shall be held no less frequently than semi-annually; 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 ifrepresentatives 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 meetingat 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 any-er-aIkhe following:

(1) Development of a SIPor SIPrevisions, including but not limited to those involving transportation-related issues and mobile sources; w (2) Development of a metropolitan transportation plan or TIP, minor revisions to a TIP, or any amendment(s) to a TIP, and any determination of conformity for such plans; (3) Emissions budgets; (4) TCMs and mitigation measures pursuant to 40CFR 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 MPOboundaries. Env-A 1503.09 Access to Materials. (a) NI-DOT 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 MPOareas :

(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 g' ' ^s analyses of all projects outside MPOboundaries, 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;Added text in bold italics FP 2011-80 Annotated 08-17-11 7

Deleted text °tr^^' " thF^^gh

(5) All correspondence received fromEPA, 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 MPOareas. (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 fromEPA 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 MPOshall provide access to its metropolitan transportation plan and TIPs that have received a final conformity determination by the MPOto NHDOT and to the department
. 

### (d) NHDOTshall provide access to the following materials as noted: (1) The metropolitan transportation plans and TIPs to FHWA, EPA, and FTAfor conformity findings ; and (2) Any final regional emissions analysis for non-attainment or maintenance areas outside MPOafeas-boundaries to the department, each MPO, aPA-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 . Env-A 1503.10 Responding to Comments . (a) After reviewing comments received on conformity determinations performed for STPs,-TIPs, metropolitan transportation plans, and any non-attainment or maintenance areas outside the MPOareas, NHDOT shall :

(1) Document and respond to significant comments; and (2) Include a compilation ofwritten 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 MPOshall :

(1) Document and respond to significant comments; and (2) Include a compilation ofwritten comments and responses in the final metropolitan transportation plan and TIP conformity determination.Added text in bold italics FP 2011-80 Annotated 08-17-11 8

Deleted text rtru^' " *hr^u^" (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 . Env-A 1503.11 TransDortation 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) which potentially achieve the emissions reductions required, quantify the emissions benefits fromtheir proposed projects, and reviewfunding 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 awritten commitment to implement the measure fromthe responsible entity per 40 CFR93.122(a)(4)(ii) ; and 

### (5) The department shall develop a SIPrevision in accordancewith §110ofthe Act which incorporates the selected TCM(s) according tothe implementation time frame agreed to by the affected MPO(s), NHDOT, and the department. (b) If TCMs are incorporated into the SIP, NHDOTshall : (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 SIPprior 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 injeopardy. Env-A 1503.12 Regionally Sianifi cant Proilects. (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, 40CFR §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 and as determined through interagency consultation.Added text in bold italics FP 2011-80 Annotated 08-17-11 9

Deleted text tu^k r"r^ugk (b) Each MPOshall : (1) Maintain a list of regionally significant projects for inclusion in the conformity determinations in its area based on information requested fromcommunities in the MPOthrough established committees including technical advisory committees and other public participation; and (2) Provide access to the list of regionally significant projects to NHDOTand 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 MPOarea based on information regarding state funded or permitted projects and on information gathered fromRPCs 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, fromthe 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 MPOareas; and (4) Provide information on regionally significant projects within MPOand RPCareas to the affected MPO(s) and RPCs. (d) When an application is received froma major traffic generator for access to a state-maintained highway, NHDOT shall :

(1) Notify the affected MPOand RPCto make the MPOand RPCaware of potential traffic impacts frommajor traffic generators; and (2) If the application results in a transportation project which meets the criteria of a regionally significant project, include that project on its list of regionally significant projects circulated as specified in (c), above. 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 MPOhas decided to change to a new model, notify EPA, FHWA, FTA, and the department; and (3) IfMPOs are located in nonattainment or maintenance areas, maintain regional transportation models. (c) NHDOT, FHWA, and FTAshall have an opportunity to comment on the development and maintenance efforts of these models through approval of the unified planningwork program .Added text in bold italics FP 2011-80 Annotated 08-17-11 10

Deleted text t "" ^' " th'^"^'' (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. 

### Env-A 1503.14 Exempt/Not Exempt Project Lists. Pursuant to 23 CFR450 : (a) Prior to making any conformity determinations, MPOs and NHDOT shall : (1) Reviewall projects within nonattainment or maintenance areas that are on 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 ofpotential emissions impacts. (b) NHDOT and MPOs shall provide access to the department, RPCs, EPA, FHWA, and FTA for reviewand comment a list of projects and their exempt/non-exempt status as part of conformity determinations of metropolitan transportation plans, TIN, and regional emissions analyses performed outside the MPOareas. Env-A 1503.15 Proiects in PM, -S and Nonattainment or Maintenance Areas. - RESERVED Env-A 1503.16 Notification ofMetropolitan Transportation Plan TIP or STIP Proposed Amendments of Exempt Proiects . 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 which 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 or deletes an exempt or non-exempt project as listed in 40 CFR §*93.126 and §93.127. Env-A 1503.17 Conformity in Nonattainment or Maintenance Areas Outside MPOAreas or Containinv, Mo

re Than One MPOArea. Pursuant to 23 CFR450 : (a) In portions of nonattainment or maintenance areas that are not included in an MPOarea or that contain more than one MPOarea, NHDOT shall determine conformity of S-T~s-,-TIPs, ?=na range stM°" "ia° metropolitan transportation plans, andplansfor any nonattainment or maintenance areas outside the MPOboundaries, incorporating the most recent emissions analysis fromthe currently conforming metropolitan transportation plan and TIP for all MPOs which are within the nonattainment or maintenance area. (b) In nonattainment or maintenance areas which contain more than one MPO, each MPOshall consider the most recent emissions analysis fromthe 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

. 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 oftransportation projects, the department shall :Added text in bold italics FP 2011-80 Annotated 08-17-11 11

Deleted text struek thr-eugi-i

(1) Reviewthe conformity determination of such metropolitan transportation plans, TIPs, and NHDOT regional emissions analyses; 

### (2) Submit written comments on the conformity determinations to the appropriate MPOand to NHDOT as soon as possible but no later than the close ofthe 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 concurwith 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 ofthe department comments, which 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 . 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 a minimum of 10daysfor receipt ofpublic commentprior to taking a formal action on conformity determinations ofMPOtransportation plans and MPOTIPs. (c) NHDOTshallprovide a minimum ofIOdaysfor receipt of public commentprior to taking formal action on conformity determinations ofNHDOT regional emissions analysis in areas outside MPO areas or in areas covered by more than one MPO . Adopt EnvA 1503.20 and Envf1 1503.21 to read asfollows: Env-A 1503.20 Commitments for Regional Emissions Analysis . In accordance with 40 CFR 93.122(a)(4)(ii), an MPOshall not include emissions reduction credits fromcontrol measures that are not included in its metropolitan transportation plan or TIP and that donot require a regulatory action in the regional emissions analysis used in the conformity determination unless the MPO, er-FHWA, or FTA obtains written commitments, as defined in 40 CFR 93.101, fromthe appropriate entities to implement those control measures. Env-A 15093.21 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 FHWAor FTAshall obtain fromthe 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 MPOshall ensure that any project-level mitigation or control measures for which awritten commitment hasAdded text in bold italics FP 2011-80 Annotated 08-17-11 12

Deleted text s+r^^'r }hr^u^h 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. 

### Renumber the heading ofPARTEnvA1502 to be PART Env-A 1504, asfollows: PART Env-A 1504 CONFORMITY OF GENERAL FEDERAL ACTIONS Readopt with amendment Env-A 1502 .01 andEnv.4 1502

.02, eff . 10-14-03 (doe
. #7971), andrenumber as Env-A 1504

.01 andEnv-A 1504

.02, to readasfollows: Env-A 1504.01 Purpose. The purpose of this part is to implement §176(c)(4) ofthe Clean Air Act (the Act), as amended, and 40 CFR 93, Subpart B, with respect to the conformity of federal actions tothe SIP, to ensure that the purpose and intent of the SIP are met. 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 which 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. Readopt with amendment Env-A 1502 .03(a), eff

. 10-14-03 (doe

. #7971), as amended eff . 6-22-OS (doe

. #8382), and renumber as Env-A 1504.03, to read asfollows: 

### Env-A 1504.03 References. For the purpose of this part, unless otherwise specified all references to 40 CFR93, Subpart B, shall be to theJuly 1, 2011 edition. Readopt with amendment Env14 1502.03(b), eff . 10-14-03 (doe
. #7971), as amended eff . 6-22-05 (doe
. #8382), and Envf1 1502 .04 and Env-A 1502

. 05, eff . 10-14-03 (doe

. #7971), and renumber as Env-A 1504 .04 andEnv-A 1504

.05, to read asfollows: Env-A 1504.04 Federal Definitions Incornorated. (a) The definitions contained in and referred to in 40 CFR §93.152 shall apply to the terms used in this part. Env-A 1504.05 Conformity to State and Federal Implementation Plans. (a) Pursuant to § 176(c)(I) oftheAct, no applicable federal entity shall engage in, support in anyway or provide financial assistance for, license or permit, or approve any activity which does not conformto the SIP or FIP developed pursuant to § 110 and §§ 171 through 185 oftheAct
. (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 . 'Added text in hold italics FP 2011-80 Annotated 08-17-11 13

Deleted text s4uek through
APPENDIX Rule Section/Paragraph State Statute Implemented Federal Statutes or Regulations Implemented Env-A 1501 .01 - Env-A 1502.02 RSA 125-C:4, 1(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, 1(a) ; RSA 36:45 - 58 42 U.S.C. §7506; 40 CFR §93.101 

### Env-A 1502.03(d) &(f) RSA 125-C:4, 1(a) 42 U .S.C. §7506

; 42 U .S.C. §7407; 40 CFR§51 .852 Env-A 1503.01 RSA 125-C:4, 1(a) 42 U.S.C. §7506; 40 CFR §93.105; 40 CFR §93.122(a)(4)(ii) ; 40CFR §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; 40CFR 93, Subpart A 

### Env-A 1503.04 RSA 125-C :4, 1(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; 40CFR 93, Subpart A Env-A 1503.06 RSA 125-C:4, 1(a) 42 U .S.C. §7506; 23 CFR 450, Subpart B Env-A 1503.07 RSA 125-C:4, 1(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:4,1(a) 42 U.S .C. §7506; 40 CFR 51 .853 

### Env-A 1504.03 RSA 125-C :4, 1(a) 42 U

.S .C. §7506

; 40 CFR51 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 I through 7515; 40 CFR 51, Subpart WO N

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