Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1412 - Mitigation of Air Quality Impacts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any measures that are intended to mitigate
				  air quality impacts must be identified [including the identification and
				  quantification of all emission offsets claimed] and the process for
				  implementation [including any necessary funding of such measures and tracking
				  of such emission reductions] and enforcement of such measures must be
				  described, including an implementation schedule containing explicit timelines
				  for implementation.
B. Prior to
				  determining that a federal action is in conformity, the federal agency making
				  the conformity determination must obtain written commitments to mitigate from
				  the appropriate persons or agencies who will implement mitigation measures
				  which are identified as conditions for making conformity determinations,
				  including mitigation measures that the federal agency making the conformity
				  determination must itself implement as a condition for making the conformity
				  determination. Such written commitment shall describe such mitigation measures
				  and the nature of the commitment in a manner consistent with Subsection A of
				  this Section.
C. Persons or
				  agencies voluntarily committing to mitigation measures to facilitate positive
				  conformity determinations must comply with the obligations of such
				  commitments.
D. In instances where
				  the federal agency is licensing, permitting, or otherwise approving the action
				  of another governmental or private entity, approval by the federal agency must
				  be conditioned on the committing entity meeting the mitigation measures set
				  forth in the conformity determination as provided in Subsection A of this
				  Section.
E. When necessary because
				  of changed circumstances and if permissible by the state and federal law
				  regulating the original mitigation, mitigation measures may be modified so long
				  as the new mitigation measures continue to support the conformity determination
				  in accordance with LAC 33:III.1410-1412. Any proposed change in the mitigation
				  measures is subject to the reporting requirements of LAC 33:III.1407 and the
				  public participation requirements of LAC 33:III.1408.
F. Written commitments to mitigation measures
				  must be obtained prior to a positive conformity determination and such
				  commitments must be fulfilled.
G.
				  After the department revises its SIP to adopt its general conformity rules and
				  EPA approves that SIP revision, any agreements, including mitigation measures,
				  necessary for a conformity determination will be both state and federally
				  enforceable. Enforceability through the applicable SIP will apply to all
				  persons who agree to mitigate direct and indirect emissions associated with a
				  federal action for a conformity determination.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.