North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .2000 - TRANSPORTATION CONFORMITY › Section 02D .2003 - TRANSPORTATION CONFORMITY DETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Conformity analyses, determinations, and
				  redeterminations for transportation plans, transportation improvement programs,
				  FHWA/FTA projects, and State or local regionally-significant projects shall be
				  made according to the requirements of
				  40 CFR
				  93.104 and shall comply with the applicable
				  requirements of 40 CFR
				  93.119,
				  93.120,
				  93.124,
				  93.125, and
				  93.126. For the purposes of this
				  Rule, regionally-significant State or local projects shall be subject to the
				  same requirements under 40 CFR Part 93 as FHWA/FTA projects except that State
				  Environmental Policy Act procedures and requirements shall be substituted for
				  National Environmental Policy Act procedures and requirements.
				  Regionally-significant State or local projects subject to this Section for
				  which the State Environmental Policy Act process and a conformity determination
				  have been completed may proceed toward implementation without further
				  conformity determination unless more than three years have elapsed since the
				  most recent major step (State Environmental Policy Act process completion;
				  start of final design; acquisition of a significant portion of the
				  right-of-way; or approval of the plans, specifications, and estimates)
				  occurred. All phases of these projects considered in the conformity
				  determination shall also be included if these phases were for the purpose of
				  funding final design, right-of-way acquisition, construction, or any
				  combination of these phases.
(b)
				  Before making a conformity determination, the metropolitan planning
				  organizations, local transportation departments, North Carolina Department of
				  Transportation, United States Department of Transportation, Division of Air
				  Quality, local air pollution control agencies, and United States Environmental
				  Protection Agency shall consult with each other on matters described in
				  15A NCAC
				  02D .2005. Consultation shall begin as early
				  as possible in the development of the emissions analysis used to support a
				  conformity determination. The agency that performs the emissions analysis shall
				  make the analysis available to the Division of Air Quality and at least 21 days
				  shall be allowed for review and comment on the emissions analysis. The 21-day
				  review period shall begin upon receipt of the analysis by the Director of the
				  Division of Air Quality. After review by the Division of Air Quality, the
				  approving agency shall seek public comments in accordance with its public
				  participation policy. The agency making the conformity determination shall
				  address all written comments received prior to close of the public comment
				  period, and these comments and responses thereto shall be included in the final
				  document. If the Division of Air Quality disagrees with the resolution of its
				  comments, the conflict may be escalated to the Governor within 14 days and
				  shall be resolved in accordance with
				  40 CFR
				  93.105(d). The 14-day appeal
				  period shall begin upon receipt by the Director of the Division of Air Quality
				  of the metropolitan planning organization's resolution that determines
				  conformity.
(c) The agency that
				  performs the conformity analysis shall notify the Division of Air Quality of:
(1) changes in planning or analysis
				  assumptions, including land use and vehicle miles traveled (VMT) forecasts;
				  and
(2) revisions to transportation
				  plans or transportation improvement plans that add, delete, or change projects
				  that require a new emissions analysis including, design scope and dates that
				  change the transportation network existing in a horizon year.
Comments made by the Division of Air Quality and responses
					 thereto made by the agency shall become part of the final planning
					 document.