49-408. Air quality conformity;
definition
A. Any revision to the state implementation plan adopted pursuant to 40 Code of
Federal Regulations, part 51, subpart T shall be no more stringent than required under
those regulations. No state agency, metropolitan planning organization or local
transportation agency shall take action that is more stringent than required under
federal law in performing any of the following functions:
1. Determining which projects require conformity determinations pursuant to 40 Code
of Federal Regulations, part 93, any state implementation plan revisions adopted pursuant
to 40 Code of Federal Regulations, part 51, subpart T, or the conformity requirements set
forth in the federal implementation plan at 40 Code of Federal Regulations, part 52,
subpart D.
2. Determining which projects constitute regionally significant projects within the
meaning of any of the regulations identified in paragraph 1.
3. Making conformity determinations pursuant to any of the regulations identified
in paragraph 1.
B. Notwithstanding any other provisions of this section, the director may adopt
consultation procedures for the public or affected agencies which supplement the
requirements of 40 Code of Federal Regulations, part 51, subpart T.
C. For purposes of this section "local transportation agency" means any city, town,
county or other local or regional government or agency that receives federal funds
designated under Title 23 United States Code or the federal transit act.
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