Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 10 - Air Conservation Commission › Chapter 5 - Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area › Section 10 CSR 10-5.480 - St. Louis Area Transportation Conformity Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule implements section 176(c)(4)(E) of
				  the Clean Air Act (CAA), as amended (
				  42 U.S.C.
				  7401 -
				  7671 q.), and the
				  related requirements of
				  23
				  U.S.C. 109(j), with respect
				  to the conformity of transportation plans, programs, and projects which are
				  developed, funded, or approved by the United States Department of
				  Transportation (DOT) and by metropolitan planning organizations (MPOs) or other
				  recipients of funds under Title 23 U.S.C. or the Federal Transit Laws (49
				  U.S.C. Chapter 53). This rule sets forth policy, criteria, and procedures for
				  demonstrating and assuring conformity of such activities to the applicable
				  implementation plan, developed pursuant to section 110 and part D of the CAA.
				  This rule applies to the St. Louis ozone and PM2.5
				  nonattainment and carbon monoxide maintenance areas.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Applicability.
(A) This rule applies to all Environmental
				Protection Agency (EPA) designated nonattainment and maintenance areas for
				transportation-related criteria pollutants.
(B) The purpose of this rule is to fulfill
				the requirement in
				40 CFR
				51.390(b) to establish a
				state implementation plan (SIP) revision that includes the following three (3)
				sections of the federal transportation conformity rule:
1.
											40
				CFR 93.105, which addresses consultation
				procedures;
2.
											40
				CFR 93.122(a)(4)(ii), which
				states that conformity SIPs must require that written commitments to control
				measures be obtained prior to a conformity determination if the control
				measures are not included in a metropolitan planning organization (MPO)
				transportation plan and transportation improvement program (TIP) and that such
				a commitment be fulfilled; and
3.
											40
				CFR 93.125(c), which states
				that conformity SIPs must require that written commitments to mitigation
				measures be obtained prior to a project-level conformity determination and that
				project sponsors comply with such commitments.
(C) Once this rule is approved by the EPA
				into the Missouri State Implementation Plan, it has full legal effect.
				Conformity determinations will be governed by these criteria and procedures as
				well as any applicable portions of the federal conformity rule that are not
				addressed by the state rule.
(D)
				The Federal Transportation Conformity Rule (for reference) is located at 40
Code of Federal Regulations
(CFR) 93.100 through
				93.129.