Section 20-1505. TRANSPORTATION CONFORMITY – CONFLICT RESOLUTION ASSOCIATED WITH CONFORMITY DETERMINATIONS

 

1505.1Unresolved conflicts among District agencies, or between District agencies and the MPO, or among the MPO member jurisdictions, shall be identified by the MPO or agency in writing to the other MPO, DDOE, or DDOT, with copies to the FHWA, FTA, and EPA.  The MPO’s or the agency's written notice shall:

 

(a)Explain the nature of the conflict;

 

(b)Review options for resolving the conflict;

 

(c)Describe the MPO's or agency's proposal to resolve the conflict;

 

(d)Explain the consequences of not reaching a resolution; and

 

(e)Request that comments on the matter be received within two (2) weeks.

 

1505.2If the action in § 1505.1 does not result in a resolution of the conflict, one of the following applies:

 

(a)If the conflict is between the MPO and DDOT, then the parties shall follow the coordination procedures of 40 CFR § 93.105(d);

 

(b)If the conflict is between the MPO or DDOT and DDOE, and the conflict cannot be resolved by the affected agency heads:

 

(1)The Director of DDOE may elevate the conflict to the Mayor in accordance with the procedures of subsection 1505.3; or

 

(2)If the Director of DDOE does not appeal to the Mayor within 14 days as provided in § 1505.3(a), the MPO may proceed with its final conformity determination; and

 

(c)In the case of interstate nonattainment areas, if the conflict involves agencies outside of the District, Maryland, or Virginia, and the conflict cannot be resolved by the affected agency heads, the conflict may be resolved in a manner mutually agreed to by the parties involved.

 

1505.3Appeals to the Mayor by the Director of DDOE under the provisions of § 1505.2(b)(1) shall be in accordance with the following procedures:

 

(a)The Director of DDOE has 14 calendar days to appeal to the Mayor after the MPO or DDOT has notified the Director of DDOE of the MPO's or DDOT's resolution of the Department's comments;

 

(b)The notification to the Director of DDOE shall be in writing and shall be hand-delivered;

 

(c)The 14-day appeal commences when DDOT or MPO has confirmed receipt by the Director of DDOE of the agency's or MPO's resolution of the Department's comments;

 

(d)The appeal to the Mayor shall contain:

 

(1)The conformity determination and any supporting documentation;

 

(2)DDOE's comments on the determination; and

 

(3)Any response by the MPO or DDOT;

 

(e)DDOE shall provide a complete appeal package to the MPO and DDOT within 24 hours following the date on which the appeal is filed with the Mayor's Office;

 

(f)If the Mayor does not concur with the conformity determination, the Mayor may direct revision of the applicable implementation plan, revision of the planned program of projects, revision of the conformity analysis, or any combination of these;

 

(g)If the Mayor concurs with the conformity determination made by the MPO and DDOT, the MPO and DDOT may proceed with the final conformity determination; and

 

(h)The Mayor may delegate the Mayor's role in this process, but not to the agency head or staff of the DDOE or DDOT.

 

1505.4This regulation does not prevent the District agencies and MPO from making efforts on their own initiative to obtain mutual conflict resolution through conferences or other appropriate means.

 

 

authority

Sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101.05 and 8-101.06(b)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4)), Mayor’s Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006

source

Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3139 (April 24, 2009).