Florida Regulations 62-204.500: Conformity
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(1) General Conformity. The provisions of this rule apply to state review of all federal general conformity determinations submitted to the state pursuant to 40 C.F.R. part 93, Subpart B, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800 Pursuant to 40 C.F.R. part 93, Subpart B, federal agencies are required to make conformity determinations to ensure that certain federal actions are consistent with the State Implementation Plan.
(a) Definitions. The definitions used in reviewing federal general conformity determinations shall be the definitions in 40 C.F.R. part 93, §93.152, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800
(b) Criteria. The criteria for reviewing federal general conformity determinations shall be the criteria in 40 C.F.R. part 93, §93.158, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800
(c) Procedures. The procedures for reviewing federal general conformity determinations shall be the procedures in 40 C.F.R. part 93, §93.159, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800
(d) Mitigation of Air Quality Impacts.
1. A federal general conformity determination submitted to the Department for review must contain, at a minimum, the following before the Department can make a positive finding of conformity in its review.
a. Any measures that are intended to mitigate air quality impacts must be identified, and the process for implementation and enforcement of such measures must be described including an implementation schedule containing explicit timelines for implementation.
b. Written commitments to take any mitigation measures from all persons or agencies committing to such measures.
2. A positive finding of conformity by the Department in any review of a federal general conformity determination is expressly based, in part, on reliance that all written commitments for mitigation measures shall be fulfilled by the timelines set out in such written commitments. Failure to fulfill such mitigation measures by the explicit timelines expressed in the written commitments shall nullify a positive Department review finding of conformity as of midnight of the date of the unfulfilled expressed timeline.
(2) Transportation Conformity. Pursuant to 40 C.F.R. § 93.105, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800, the Department has certain consultation and conflict resolution responsibilities in the transportation conformity process. The Department will carry out these responsibilities for transportation conformity pursuant to the interagency memorandum of agreement as revised in 1998 and hereby adopted and incorporated by reference.
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History-New 11-30-94, Amended 3-13-96, 3-23-97, 9-1-98, 10-23-16.
(b) Criteria. The criteria for reviewing federal general conformity determinations shall be the criteria in 40 C.F.R. part 93, §93.158, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800
(c) Procedures. The procedures for reviewing federal general conformity determinations shall be the procedures in 40 C.F.R. part 93, §93.159, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800
(d) Mitigation of Air Quality Impacts.
1. A federal general conformity determination submitted to the Department for review must contain, at a minimum, the following before the Department can make a positive finding of conformity in its review.
a. Any measures that are intended to mitigate air quality impacts must be identified, and the process for implementation and enforcement of such measures must be described including an implementation schedule containing explicit timelines for implementation.
b. Written commitments to take any mitigation measures from all persons or agencies committing to such measures.
2. A positive finding of conformity by the Department in any review of a federal general conformity determination is expressly based, in part, on reliance that all written commitments for mitigation measures shall be fulfilled by the timelines set out in such written commitments. Failure to fulfill such mitigation measures by the explicit timelines expressed in the written commitments shall nullify a positive Department review finding of conformity as of midnight of the date of the unfulfilled expressed timeline.
(2) Transportation Conformity. Pursuant to 40 C.F.R. § 93.105, adopted and incorporated by reference at Fl. Admin. Code R. 62-204.800, the Department has certain consultation and conflict resolution responsibilities in the transportation conformity process. The Department will carry out these responsibilities for transportation conformity pursuant to the interagency memorandum of agreement as revised in 1998 and hereby adopted and incorporated by reference.
Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History-New 11-30-94, Amended 3-13-96, 3-23-97, 9-1-98, 10-23-16.