Code of Colorado Regulations · Regulation Number 10

Code of Colorado Regulations · Regulation Number 10

CRITERIA FOR ANALYSIS OF TRANSPORTATION CONFORMITY 5 CCR 1001-12

Colorado Regulation Number 10 establishes criteria for analyzing transportation conformity and fulfills the requirement in 40 CFR 51.390(b) to establish a SIP revision addressing specified provisions of the federal transportation conformity rule. It applies to any person making a transportation conformity determination or adopting or approving a regionally significant project. Those persons must comply with 40 CFR Part 93, Subpart A, except as the regulation provides otherwise. The regulation defines key terms, assigns interagency consultation duties, and addresses emission reduction credits and enforceability of mitigation measures.

I.

Regulation Number 10 requires anyone making a transportation conformity determination or adopting or approving a regionally significant project to comply with 40 CFR Part 93, Subpart A (the federal transportation conformity rule), and its purpose is to fulfill the requirement in 40 CFR 51.390(b) to establish a SIP revision addressing 40 CFR 93.105(a) through (e), 40 CFR 93.122(a)(4)(ii), and 40 CFR 93.125(c). Colorado adds its own interagency consultation procedures (Section III), provisions for written commitments to SIP control measures (Section IV), and provisions on design concept, scope, and enforceability of project-level mitigation and control measures (Section V) on top of the federal requirements.

I.A.

The interagency consultation procedures in Section III of this regulation are Colorado-specific procedures that apply on top of the federal consultation procedures in 40 CFR 93.105(a) through (e).

I.B.

Colorado-specific provisions in Section IV of this regulation that require obtaining and fulfilling written commitments to SIP control measures not already included in a transportation plan or TIP apply under 40 CFR 93.122(a)(4)(ii).

I.C.

Colorado-specific provisions in Section V of this regulation (covering design concept and scope and enforceability of project-level mitigation and control measures) apply pursuant to 40 CFR 93.125(c).