Ariz. Admin. Code § R18-2-1433 - Enforceability of Design Concept and Scope and Project-level Mitigation and Control Measures
A. Prior to
determining that a transportation project is in conformity, ADOT, the MPO where
one exists, other recipient of funds designated under 23 U.S.C. or the Federal
Transit Act, FHWA, or FTA shall obtain from the project sponsor or operator
enforceable written commitments to implement in the construction of the project
and operation of the resulting facility or service any project-level mitigation
or control measures which are identified as conditions for NEPA process
completion with respect to local PM10 or CO impacts.
Before making conformity determinations enforceable written commitments shall
also be obtained for project-level mitigation or control measures which are
conditions for making conformity determinations for a transportation plan or
TIP and included in the project design concept and scope which is used in the
regional emissions analysis required by
R18-2-1418 through
R18-2-1420 and
R18-2-1422 through
R18-2-1424 or used in the
project-level hot-spot analysis required by
R18-2-1416 and
R18-2-1421.
B. Project sponsors voluntarily committing to
mitigation measures to facilitate positive conformity determinations shall
provide enforceable written commitments and comply with the obligations of such
commitments.
C. Enforceable written
commitments to mitigation or control measures shall be obtained prior to a
positive conformity determination, and that project sponsors shall comply with
such commitments.
D. During the
control strategy and maintenance periods, if ADOT, the MPO, or project sponsor
believes the mitigation or control measure is no longer necessary for
conformity, the project sponsor or operator may be relieved of its obligation
to implement the mitigation or control measure if it can demonstrate that the
requirements of
R18-2-1416,
R18-2-1418, and
R18-2-1419 are satisfied without
the mitigation or control measure and so notifies the agencies involved in the
interagency consultation process required under
R18-2-1405 . ADOT or the MPO where
one exists and USDOT shall confirm that the transportation plan and TIP still
satisfy the requirements of
R18-2-1418 and
R18-2-1419 and that the project
still satisfies the requirements of
R18-2-1416, and therefore that the
conformity determinations for the transportation plan, TIP, and project are
still valid.
Notes
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