Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 49 - Transportation Conformity › Section 250-RICR-120-05-49.7 - Consultation

Current through June 14, 2024
A. This rule provides procedures for federal,
				  state, and local interagency consultation, public consultation and resolution
				  of conflicts. Such consultation procedures shall be undertaken by the MPO,
				  RIDOT, RIPTA, and DOT with the Department and EPA before making conformity
				  determinations and by the Department and EPA with the MPO, RIDOT, RIPTA, and
				  DOT in developing applicable implementation plans.
B. Interagency consultation procedures:
				  General factors
1. The MPO, the Department and
				  RIDOT shall undertake an interagency consultation process in accordance with
				  this section with each other and with local or regional offices of EPA, FHWA,
				  and FTA on the development of the applicable implementation plan, the
				  transportation plan, the TIP, and associated conformity determinations. RIPTA
				  shall be provided the opportunity to participate and may participate if they
				  choose.
2. The Department shall be
				  the lead agency responsible for preparing the final document or decision and
				  for assuring the adequacy of the interagency consultation process with respect
				  to the development of the applicable implementation plan and the list of TCMs
				  in the approved applicable implementation plan. The MPO shall be the lead
				  agency responsible for preparing the final document or decision and for
				  assuring the adequacy of the interagency consultation process with respect to
				  the transportation plan, the TIP, any amendments or revisions thereto, and any
				  conformity determinations.
3. In
				  addition to the lead agencies identified in §
											49.7(B)(2)
				  of this Part, other agencies entitled to participate in any interagency
				  consultation process under this rule include the RIDOT, RIPTA, FHWA, FTA, and
				  EPA.
4. It shall be the role and
				  responsibility of each lead agency in an interagency consultation process, as
				  specified in §
											49.7(B)(2)
				  of this Part, to confer with all other agencies identified under §
											49.7(B)(3)
				  of this Part, with an interest in the document to be developed, provide all
				  appropriate information to those agencies needed for meaningful input, solicit
				  early and continuing input from those agencies, conduct the consultation
				  process described in the applicable paragraphs of
				  40 C.F.R. §
												93.105, incorporated in §
											49.4 of this Part, where
				  required, assure policy-level contact with those agencies and prior to taking
				  any action, consider the views of each such agency and respond to those views
				  in a timely, substantive written manner prior to any final decision on such
				  document, and assure that such views and written response are made part of the
				  record of any decision or action. It shall be the role and responsibility of
				  each agency specified in §
											49.7(B)(3)
				  of this Part, when not fulfilling the role and responsibilities of a lead
				  agency, to confer with the lead agency and other participants in the
				  consultation process, review and comment as appropriate (including comments in
				  writing) on all proposed and final documents and decisions in a timely manner,
				  attend consultation and decision meetings, assure policy-level contact with
				  other participants, provide input on any area of substantive expertise or
				  responsibility (including planning assumptions, modeling, information on status
				  of TCM implementation, and interpretation of regulatory or other requirements),
				  and provide technical assistance to the lead agency or consultation process in
				  accordance with this paragraph when requested.