Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 151 - Regulation for Transportation Conformity › Part III - Criteria and Procedures for Making Conformity Determinations › Section 9VAC5-151-70 - Consultation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The MPOs, LPOs,
				  DEQ, VDOT and VDRPT shall undertake the procedures prescribed in this section
				  for interagency consultation, conflict resolution and public consultation with
				  each other and with local or regional offices of EPA, FHWA, and FTA on the
				  development of control strategy implementation plan revisions, the list of TCMs
				  in the applicable implementation plan, transportation plans, TIPs, and
				  associated conformity determinations required by this chapter.
B. Until EPA grants approval of this chapter,
				  the MPOs, and VDOT and VDRPT, prior to making conformity determinations, shall
				  provide reasonable opportunity for consultation with LPOs, DEQ and EPA on the
				  issues in subdivision D 1 of this section.
C. The provisions of this subsection shall be
				  followed with regard to general factors associated with interagency
				  consultation.
1. Representatives of the MPOs,
				  VDOT, VDRPT, FHWA, and FTA shall undertake an interagency consultation process,
				  in accordance with subdivisions 1 and 3 of this subsection and subsection D of
				  this section, with the LPOs, DEQ and EPA on the development of implementation
				  plans, transportation plans, TIPs, any revisions to the preceding documents,
				  and associated conformity determinations.
a.
				  MPOs, or their designee, shall be the lead agencies 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 transportation
				  plan, the TIP, and any amendments or revisions thereto. In the case of
				  nonmetropolitan areas, VDOT 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 statewide
				  transportation plan, the statewide TIP, and any amendments or revisions
				  thereto. The MPOs shall be the lead agencies responsible for preparing the
				  final document or decision and for assuring the adequacy of the interagency
				  consultation process with respect to any determinations of conformity under
				  this chapter for which the MPO is responsible.
b. It shall be the affirmative responsibility
				  of the lead agency to initiate the process by notifying other participants,
				  convene meetings, assure that all relevant documents and information are
				  supplied to all participants in the consultation process in a timely manner,
				  prepare summaries of consultation meetings, maintain a written record of the
				  consultation process, provide final documents and supporting information to
				  each agency after approval or adoption, and to assure the adequacy of the
				  interagency consultation process with respect to the subject document or
				  decision.
c. Regular consultation
				  on major activities (such as the development of a transportation plan, the
				  development of a TIP, or any determination of conformity on transportation
				  plans or TIPs) shall include meetings beginning on a date determined by the
				  lead agency to be adequate to meet the date a final document is required and
				  continuing at frequency mutually determined by the affected agencies. In
				  addition, technical meetings shall be convened as necessary.
d. Each lead agency in the consultation
				  process shall confer with all other agencies identified under subdivision 1 of
				  this subsection with an interest in the document to be developed, provide all
				  information to those agencies needed for meaningful input, solicit early and
				  continuing input from those agencies, and prior to taking any action, consider
				  the views of each agency and respond to those views in a timely, substantive
				  written manner prior to any final decision on the documents. The views and
				  written responses shall be made part of the record of any decision or
				  action.
e. It shall be the
				  responsibility of each agency specified in subdivision 1 of this subsection,
				  when not fulfilling the responsibilities of 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, provide input on any area of substantive expertise or
				  responsibility, and provide technical assistance to the lead agency or to the
				  consultation process when requested.