250 R.I. Code R. 250-RICR-120-05-49.9

Current through December 26, 2024
Section 250-RICR-120-05-49.9 - Commitments for Project-Level Mitigation and Control Measures

In accordance with 40 C.F.R. § 93.125(c), incorporated in § 49.4 of this Part, prior to making a project-level conformity determination for a transportation project, FHWA/FTA must obtain from the project sponsor and/or operator a written commitment, as defined in 40 C.F.R. § 93.101, to implement any project-level mitigation or control measure in the construction or operation of the project identified as a condition for NEPA process completion. The written commitment to implement such a project-level mitigation or control measure must be fulfilled by the appropriate entity. Prior to making a conformity determination for the transportation plan or TIP, the project sponsor will ensure any project level mitigation or control measures for which a written commitment has been made are included in the project design concept and scope and are appropriately identified in the regional emissions analysis used in the conformity analysis. Written commitments must be obtained before such mitigation or control measures are used in a project-level hot-spot conformity analysis for a project-level determination and project sponsors must comply with such commitments.

250 R.I. Code R. 250-RICR-120-05-49.9

Amended effective 12/26/2018