Common use of Conformity Determinations Clause in Contracts

Conformity Determinations. ODOT will, for any railroad project located in an air quality nonattainment and maintenance area, with respect to the National Ambient Air Quality Standards, and prior to approving any CE determination, FONSI, or ROD, ensure and document that the project satisfies air quality conformity requirements under 42 U.S.C. 7506(c) and 40 CFR Part 93, Subpart B. Pursuant to 23 U.S.C. 327(a)(2)(B)(iv)(II), for any project requiring a project-level conformity determination under the Federal Clean Air Act and its implementing regulations, FRA will make the project-level conformity determination. FRA will also determine whether a project requires a project-level conformity determination. FRA will restrict its review to data, analyses, applicable comments and responses, and other relevant documentation that enable FRA to make the project-level conformity determination. FRA may request that ODOT consolidate this information and documentation in a memorandum to facilitate FRA’s decision-making.

Conformity Determinations. ODOT The State will, for any railroad project located in an air quality nonattainment and maintenance area, with respect to the National Ambient Air Quality Standards, and prior to approving any CE determination, FONSI, or ROD, ensure and document that the project satisfies air quality conformity requirements under 42 U.S.C. 7506(c) and 40 CFR Part 93, Subpart B. Pursuant to 23 U.S.C. 327(a)(2)(B)(iv)(II), for any project requiring a project-level conformity determination under the Federal Clean Air Act and its implementing regulations, the FRA will make the project-level conformity determination. FRA will also determine whether a project requires a project-level conformity determination. FRA will restrict its review to data, analyses, applicable comments and responses, and other relevant documentation that enable FRA to make the project-level conformity determination. FRA may request that ODOT the State consolidate this information and documentation in a memorandum to facilitate FRA’s decision-making.