A. Any revision to the state implementation plan adopted pursuant to Title 40 of the Code of Federal Regulations, Part 51, subpart T shall be no more stringent than required under those regulations. No state agency, metropolitan planning organization or local transportation agency shall take action that is more stringent than required under federal law in performing any of the following functions:

Terms Used In Arizona Laws 49-408

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
  • State implementation plan: means the accumulated record of enforceable air pollution control measures, programs and plans adopted by the director and submitted to the administrator pursuant to 42 United States Code § 7410. See Arizona Laws 49-401.01
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

1. Determining which projects require conformity determinations pursuant to Title 40 of the Code of Federal Regulations, Part 93, any state implementation plan revisions adopted pursuant to Title 40 of the Code of Federal Regulations, Part 51, subpart T, or the conformity requirements set forth in the federal implementation plan at Title 40 of the Code of Federal Regulations, Part 52, subpart D.

2. Determining which projects constitute regionally significant projects within the meaning of any of the regulations identified in paragraph 1.

3. Making conformity determinations pursuant to any of the regulations identified in paragraph 1.

B. Notwithstanding any other provisions of this section, the director may adopt consultation procedures for the public or affected agencies which supplement the requirements of Title 40 of the Code of Federal Regulations, Part 51, subpart T.

C. For purposes of this section "local transportation agency" means any city, town, county or other local or regional government or agency that receives federal funds designated under Title 23 United States Code or the federal transit act.