COPY OF THE ACTUAL RULE 

40 CFR Part 51, Appendix V, 2.1(d) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

TABLE OF CONTENTS 

CHAPTER Env-A 1500 CONFORMITY 

PART Env-A 1501 PURPOSE AND APPLICABILITY 

Section Env-A 1501 .01 Purpose 

Section Env-A 1501 .02 Applicability 

PART Env-A 1502 REFERENCES AND DEFINITIONS 

Section Env-A 1502.01 References 

Section Env-A 1502.02 Federal Definitions Incorporated 

Section Env-A 1502.03 Definitions 

PART Env-A 1503 TRANSPORTATION CONFORMITY 

Section Env-A 1503 .01 

Section Env-A 1503 .02 

Section Env-A 1503 .03 

Section Env-A 1503 .04 

Section Env-A 1503 .05 

Section Env-A 1503 .06 

Section Env-A 1503 .07 

Section Env-A 1503 .08 

Section Env-A 1503.09 

Section Env-A 1503 .10 

Section Env-A 1503.11 

Section Env-A 1503.12 

Section Env-A 1503.13 

Section Env-A 1503.14 

Section Env-A 1503.15 

Section Env-A 1503 .16 

Section Env-A 1503.17 

Section Env-A 1503.18 

Section Env-A 1503 .19 

Section Env-A 1503.20 

Section Env-A 1503.21 

Purpose 

Applicability 

Conformity to State and Federal Implementation Plans 

Metropolitan Planning Organizations (MPOs) 

Roles and Responsibilities of the Department 

Roles and Responsibility of NI-DOT 

Roles and Responsibilities of MPOs 

Interagency Consultation 

Access to Materials 

Responding to Comments 

Transportation Control Measures . 

Regionally Significant Projects 

Emissions and Transportation Modeling 

Exempt/Not Exempt Project Lists 

Projects in PMz.s Nonattainment or Maintenance Areas - RESERVED 

Notification of Metropolitan Transportation Plan, TIP or STIP Proposed 

Amendments of Exempt Projects 

Conformity in Nonattainment or Maintenance Areas Outside MPO 

Areas or Containing More Than One MPO Area 

Resolving Conflicts 

Public Consultation 

Commitments for Regional Emissions Analysis 

Commitments for Project-Level Mitigation and Control Measures 

PART Env-A 1504 CONFORMITY OF GENERAL FEDERAL ACTIONS 

Section Env-A 1504.01 Purpose 

Section Env-A 1504.02 Applicability 

Section Env-A 1504.03 References 

Section Env-A 1504.04 Federal Definitions Incorporated 

Section Env-A 1504.05 Conformity to State and Federal Implementation Plans 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

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 

Env-A 1501 .02 Amlicability . 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 

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 l, 2011 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, 2011 edition . 

Source. (See Revision Note at chapter heading for Env-A 

1500) #9999, eff 10-1-11 

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 

1 Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

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 New Hampshire designated as a 

nonattainment area by EPA under § 107 of the 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) 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) "Regional planning commission (RPC)" means any specific planning region as delineated by the 

office of energy and planning or otherwise established as specified in RSA 36 :45 through RSA 36:58 . For 

the purposes of this 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; 

2 Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(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 1~503.14 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/ 

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 ." 

(k) "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 

PART Env-A 1503 TRANSPORTATION CONFORMITY 

Env-A 1503.01 PuMose. 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 

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 

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. 

3 Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(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 

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 

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 on issues related to the SIP and transportation ; 

(e) Coordinate with NHDOT, MPOs, RPCs, 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 

Env-A 1503 .06 Roles and Responsibility of NHDOT. In implementing 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 ; 

4 Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(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 as required by 40 CFR 93 .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 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, and regionally significant projects ; 

(i) Coordinate conformity determinations in nonattainment or maintenance areas consisting of more 

than one MPO area; 

(j) Evaluate, select, maintain, and update a statewide transportation model capable of emissions 

analysis in non-attainment areas outside MPO boundaries, 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 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 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) . 

Source. (See Revision Note at chapter heading for Env-A 

1500) #9999, eff 10-1-11 

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; 

5 Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(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 detemiinations ; 

(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, 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 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, 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 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; 

(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 conformity findings to the department. 

Source. (See Revision Note at chapter heading for Env-A 

1500) #9999, eff 10-1-11 

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 if representatives of NHDOT, the department, and MPOs are present . One or more 

6 Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

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, 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 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 

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 NI-IDOT; 

(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 : 

Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(1) SIP revisions pertaining to mobile sources including inventories, budgets, forecasts, and 

strategies for reduction of emissions, TCMs, transportation conforinity, 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 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 

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 conforrnity 

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, NI-IIDOT, 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 

8 Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

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, Nl-DOT, 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 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 TII'(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)(11) ; and 

(6) The department shall develop a SIP revision in accordance with § 110 of the Act which 

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 10-1-1 1 

Env-A 1503 .12 ReRionally SiQnificant Proiects . 

(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 and as determined through interagency consultation . 

9 Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(b) Each MPO shall : 

(1) Maintain a list of regionally significant projects for inclusion in the confornlity determinations 

in its area based on information requested from conununities 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 sigruficant projects in nonattaiiunent or maintenance areas outside 

an MPO area based on information regarding state funded or permitted projects and on 

inforrnation 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 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. 

Source. (See Revision Note at chapter heading for Env-A 

1500) #9999, eff 10-1-11 

Env-A 1503 .13 Emissions and Transportation Modelin~. 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, and the department; and 

(3) If MPOs are located in nonattainment or maintenance areas, maintain regional transportation 

models. 

10 Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(c) NI-IDOT, 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 

Env-A 1503 .14 Exempt/Not Exempt Project Lists . Pursuant to 23 CFR 450: 

(a) Prior to making any conformity detenninations, MPOs and NHDOT shall : 

(1) Review all 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 of poterntial 

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 confornlity 

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 

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 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. 

Source. (See Revision Note at chapter heading for Env-A 

1500) #9999, eff 10-1-11 

Env-A 1503 .17 Conformity in Nonattainment or Maintenance Areas Outside MPO Areas or Containin~ 

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 

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NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

nlost recent en-ussions analysis from the currently confonning 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 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 

Env-A 1503 .18 Resolvin 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, 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 . 

Source. (See Revision Note at chapter heading for Env-A 

1500) #9999, eff 10-1-11 

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 10 days for receipt of public comment prior to taking a formal 

action on conformity determinations of MPO transportation plans and MPO TIPs. 

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NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(c) NHDOT shall provide a minimum of 10 days for receipt of public comment prior to taking formal 

action on conforinity 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 10-1-11 

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 

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 

proj ect-level hot-spot conformity analysis for a proj ect-level determination . 

Source. (See Revision Note at chapter heading for Env-A 

1500) #9999, eff 10-1-11 

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 

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 . 

13 Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(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 

s e A . or the Federal Transit Act, as amended, 49 USC §§ 1601 et sec . 

Source . (See Revision Note at chapter heading for Env-A 

1500) #9999, eff 10-1-11 

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, 2011 edition . 

Source. (See Revision Note at chapter heading for Env-A 

1500) #9999, eff 10-1-11 

Env-A 1504.04 Federal Definitions Incorporated . 

(a) 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 

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 

or provide financial assistance for, license or permit, or approve any activity which 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 

14 Env-A 1500 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

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 

through 7515 ; 40 CFR 51, Subpart W 

15 . Env-A 1500