18 AAC 50.730. General conformity: mitigation of air quality impacts

(a) The federal agency referred to in 18 AAC 50.725 shall identify in writing

(1) any measure intended to mitigate or offset the air quality impact of the federal action;

(2) the estimated emission reduction available from an identified mitigation measure; and

(3) the process for implementing a mitigation measure including, as applicable,

(A) a description of the funding source for the mitigation measure;

(B) an implementation schedule with due dates for implementing the mitigation measure; and

(b) If a mitigation measure involves a separate person or agency, the federal agency making the conformity determination shall, before determining that the proposed federal action is in conformity, obtain a written commitment from the person or agency responsible for implementing the mitigation measure. The written commitment must identify the mitigation measure in a manner consistent with (a) of this section and describe the nature of the commitment. A person or agency committing to a mitigation measure under this subsection shall comply with the written obligations stated in the commitment.

(c) If a mitigation measure is included as part of a license, permit, or similar authorization issued by the federal agency, the federal agency shall require the person or agency issued the license, permit, or authorization to fully implement the mitigation measure as a condition for continued approval of the license, permit, or authorization.

(d) A federal agency may modify a mitigation measure if that agency

(1) concludes that the proposed modification supports the conformity determination, using the procedures and criteria set out in 40 C.F.R. 51.858 and 40 C.F.R. 51.859, adopted by reference in 18 AAC 50.725;

(2) issues a public notice of the proposed modification, using the public participation procedures set out in 40 C.F.R. 51.856, adopted by reference in 18 AAC 50.725; and

(3) reports the modification in accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725.

History: Eff. 1/4/95, Register 133

Authority: AS 46.03.020

AS 46.14.030

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