Section Env-A 1503.18 - Resolving Conflicts(a) During the public comment period on conformity determinations of metropolitan transportation plans, TIPs, and NHDOT regional emissions analyses of transportation projects, the department shall: (1) Review the conformity determination of such metropolitan transportation plans, TIPs, and NHDOT regional emissions analyses;(2) Submit written comments on the conformity determinations to the appropriate MPO and to NHDOT as soon as possible but no later than the close of the public comment period; and (3) Include in the comments specified in (2), above, a clear finding of concurrence or nonconcurrence on the conformity determinations and a list of issues to be addressed, if any.(b) If the department does not concur with the conformity determination, NHDOT or the appropriate MPO, as applicable, shall submit a written response(s) to the department within 14 calendar days of the receipt of the department comments, that clearly addresses each of the stated issues either by revising the determination or by explaining why the determination was not revised.(c) If the issues cannot be resolved, the provisions of 40 CFR § 93.105(d) relative to resolving conflicts shall apply.(d) Pursuant to 23 CFR 450, if a conflict arises among MPOs with respect to conformity determinations, NHDOT shall: (1) Act as the arbitrator; and (2) Invite the department to any meetings held to resolve the conflict.N.H. Admin. Code § Env-A 1503.18
(See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11
Amended by Volume XL Number 7, Filed February 13, 2020, Proposed by #12975, Effective 1/18/2020, Expires 1/18/2030.