La. Admin. Code tit. 33 § III-1412

Current through Register Vol. 50, No. 6, June 20, 2024

Section III-1412 - Mitigation of Air Quality Impacts

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.

La. Admin. Code tit. 33, § III-1412

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1276 (November 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.