Pursuant to 23 CFR 450:

1. (a) Prior to making any conformity determinations, MPOs and NHDOT shall:

   1. (1) Review all projects within nonattainment or maintenance areas that are in the STIP and TIPs, to determine whether the projects are exempt under 40 CFR §93.126 and §93.127; and
   2. (2) Determine if any exempt projects shall be classified as not exempt because of potential emissions impacts.
2. (b) NHDOT and MPOs shall provide access to the department, RPCs, EPA, FHWA, and FTA for review and comment a list of projects and their exempt/non-exempt status as part of conformity determinations of metropolitan transportation plans, TIPs, and regional emissions analyses performed outside the MPO areas.

Source. (See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20