Section 250-RICR-120-05-49.1 - Purpose and Authority49.1.1PurposeA. The purpose of this regulation is to fulfill the requirement in 40 C.F.R. § 51.390(b) to establish a SIP revision that includes the following three sections of the federal transportation conformity rule: 1.40 C.F.R. § 93.105, which addresses consultation procedures;2.40 C.F.R. § 93.122(a)(4)(ii), which states that applicable implementation plans for conformity must require that written commitments to control measures be obtained prior to a conformity determination if the control measures are not included in a metropolitan planning organization's (MPO's) transportation plan and transportation improvement program (TIP); and that such a commitment be fulfilled; and3.40 C.F.R. § 93.125(c), which states that applicable implementation plans for conformity must require that written commitments to mitigation measures be obtained prior to a project-level conformity determination, and that project sponsors comply with such commitments.B. Once this state regulation is approved by EPA into the Rhode Island implementation plan, it has full legal effect. Conformity determinations will be governed by these criteria and procedures as well as any applicable portions of the federal conformity rules that are not addressed by the state rule.49.1.2AuthorityThese regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
250 R.I. Code R. 250-RICR-120-05-49.1
Amended effective 12/26/2018