Section 096-139-5 - Enforceability of Design Concept and Scope and Project-Level Mitigation and Control MeasuresA. Transportation project level conformity is contingent upon receipt of commitments from the project sponsor and/or operator that all identified project-level NEPA mitigation and control measure commitments with respect to local PM10, PM2.5 and CO shall be fulfilled. Also, written commitments must be made for project-level design concept and scope based mitigation or control measures that are conditions for making conformity determinations for the transportation plan or TIP, and used in the regional emissions analysis required by 40 CFR Sections 93.118, 93.119 and 93.116.B. Project sponsors and/or operators voluntarily committing to mitigation measures required to facilitate positive conformity determinations must comply with such commitments.C. Written commitments to mitigation measures must be obtained prior to a positive conformity determination, and project sponsors and/or operators must comply with the agreed commitments.06- 096 C.M.R. ch. 139, § 5