Section 18 AAC 50.740 - Written commitments(a) A conformity determination on the transportation plan or transportation improvement program may not include emission reduction credits from any control measures that are not included in the transportation plan or transportation improvement program and that do not require a regulatory action in the regional emissions analysis, unless the metropolitan planning organization, the Department of Transportation and Public Facilities, FHWA, or FTA obtains, for inclusion in the conformity determination, written commitments as defined in 40 C.F.R. 93.101 , revised as of July 1, 2013, and adopted by reference, from the appropriate entities to implement those control measures. Before a conformity determination on the transportation plan or transportation improvement program may be approved, a metropoli tan planning organization or the Department of Transportation and Public Facilities must ensure that any project-level mitigation or control measures included in project design concepts and scopes are appropriately identified in the regional emissions analysis. The written commitments to implement those mitigation or control measures must be fulfilled by the appropriate entities. (b) Before a project-level conformity determination for a transportation project may be approved, the project sponsor must include written commitments as defined in 40 C.F.R. 93.101, adopted by reference in (a) of this section, to implement any project-level mitigation or control measures in the construction or operation of the project that are identified for that project as part of NEPA process completion as defined in 40 C.F.R. 93.101 , revised as of July I, 2013, and adopted by reference. Written commitments must be obtained before those project level mitigation or control measures are used in a project-level hot-spot analysis. The written commitments to implement those project- level mitigation or control measures must be fulfilled by the appropriate entities. (c) In this section, "project sponsor" means any entity that owns an equity interest in the transportation project, or holds the permits that the department determines are essential to construct or operate the transportation project.Eff. 4/17/2015, Register 214, July 2015Authority:AS 46.03.020
AS 46.14.030