18 AAC 50.720 - Transportation conformity: public involvement

(a) The sponsoring agency described in 18 AAC 50.705(b) shall establish a public involvement process to provide opportunity for public review and comment on the public review draft of the conformity determination or transportation-related state implementation plan revision before the agency issues a final conformity determination or transportation-related state implementation plan revision. As required under 40 C.F.R. 93 . 112, revised as of July 1, 2013, and adopted by reference, the public involvement process must be consistent with the requirements of 40 C.F.R. 93.105(e), revised as of July 1, 2013, and adopted by reference, and 23 C.F.R. 450.316(a), revised as of July 1, 2014, and adopted by reference.

(b) The responsible agency shall

(1) subject to (d) of this section,

(A) receive written comments on the public review draft of the conformity determination or transportation-related state implementation plan revision; and

(B) hold a public hearing or meeting

(i) for a transportation plan, transportation improvement program, or transportation-related state implementation plan revision;

(ii) for a project that is not included in a transportation plan or transportation improvement program, or transportation-related state implementation plan revision, but that is within a designated nonattainment area listed under 18 AAC 50.015(b) or a designated maintenance area listed under 18 AAC 50.015(d); or

(iii) if a written comment received under (A) of this paragraph requests a public hearing or meeting for a regionally significant project;

(2) consider all comments received and prepare a written summary analysis of significant comments; and

(3) specifically address in the summary analysis all public comments concerning known plans for a regionally significant project that may not have been properly reflected in the emissions analysis used to support a proposed conformity finding for a transportation plan or TIP, regardless of whether the regionally significant project is receiving federal funding or approval.

(c) Opportunity for public involvement under this section must include access to information, emissions data, analyses, models, and modeling assumptions used to perform a conformity determination or transportation-related state implementation plan revision.

(d) If a project for which the provisions of (a) - (c) of this section apply is also subject to a public involvement process under 42 U.S.C. 4321 - 4370 b (National Environmental Policy Act), compliance with the public involvement process under that law constitutes compliance with (a) - (c) of this section.

(e) Charges imposed for inspection and copying of information, emissions data, analyses, models, and modeling assumptions used to perform a conformity determination or transportation related state implementation plan revision must be consistent with AS 40.25.110 and 40.25.115.

Notes

18 AAC 50.720

Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; am 4/17/2015, Register 214, July 2015; am 3/2/2016, Register 217, April 2016

Authority:AS 46.03.020

AS 46.14.030