THIS
DATA
CURRENT
AS
OF
THE
FEDERAL
REGISTER
DATED
MAY
12,
2003
40
CFR
­
CHAPTER
I
­
PART
51
View
Part
§
51.390
Implementation
plan
revision.

(
a)
States
with
areas
subject
to
this
subpart
and
part
93,
subpart
A,
of
this
chapter
must
submit
to
the
EPA
and
DOT
a
revision
to
their
implementation
plan
which
contains
criteria
and
procedures
for
DOT,
MPOs
and
other
State
or
local
agencies
to
assess
the
conformity
of
transportation
plans,
programs,
and
projects,
consistent
with
this
subpart
and
part
93,
subpart
A,
of
this
chapter.
This
revision
is
to
be
submitted
by
November
25,
1994
(
or
within
12
months
of
an
area's
redesignation
from
attainment
to
nonattainment,
if
the
State
has
not
previously
submitted
such
a
revision).
Further
revisions
to
the
implementation
plan
required
by
amendments
to
part
93,
subpart
A,
of
this
chapter
must
be
submitted
within
12
months
of
the
date
of
publication
of
such
final
amendments.
EPA
will
provide
DOT
with
a
30­
day
comment
period
before
taking
action
to
approve
or
disapprove
the
submission.
A
State's
conformity
provisions
may
contain
criteria
and
procedures
more
stringent
than
the
requirements
described
in
this
subpart
and
part
93,
subpart
A,
of
this
chapter
only
if
the
State's
conformity
provisions
apply
equally
to
non­
federal
as
well
as
Federal
entities.

(
b)
The
Federal
conformity
rules
under
part
93,
subpart
A,
of
this
chapter,
in
addition
to
any
existing
applicable
State
requirements,
establish
the
conformity
criteria
and
procedures
necessary
to
meet
the
requirements
of
Clean
Air
Act
section
176(
c)
until
such
time
as
EPA
approves
the
conformity
implementation
plan
revision
required
by
this
subpart.
Following
EPA
approval
of
the
State
conformity
provisions
(
or
a
portion
thereof)
in
a
revision
to
the
applicable
implementation
plan,
conformity
determinations
would
be
governed
by
the
approved
(
or
approved
portion
of
the)
State
criteria
and
procedures.
The
Federal
conformity
regulations
contained
in
part
93,
subpart
A,
of
this
chapter
would
apply
only
for
the
portion,
if
any,
of
the
State's
conformity
provisions
that
is
not
approved
by
EPA.
In
addition,
any
previously
applicable
implementation
plan
conformity
requirements
remain
enforceable
until
the
State
submits
a
revision
to
its
applicable
implementation
plan
to
specifically
remove
them
and
that
revision
is
approved
by
EPA.

(
c)
The
implementation
plan
revision
required
by
this
section
must
meet
all
of
the
requirements
of
part
93,
subpart
A,
of
this
chapter.

(
d)
In
order
for
EPA
to
approve
the
implementation
plan
revision
submitted
to
EPA
and
DOT
under
this
subpart,
the
plan
must
address
all
requirements
of
part
93,
subpart
A,
of
this
chapter
in
a
manner
which
gives
them
full
legal
effect.
In
particular,
the
revision
shall
incorporate
the
provisions
of
the
following
sections
of
part
93,
subpart
A,
of
this
chapter
in
verbatim
form,
except
insofar
as
needed
to
clarify
or
to
give
effect
to
a
stated
intent
in
the
revision
to
establish
criteria
and
procedures
more
stringent
than
the
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requirements
stated
in
the
following
sections
of
this
chapter:
§
§
93.101,
93.102,
93.103,
93.104,
93.106,
93.109,
93.110,
93.111,
93.112,
93.113,
93.114,
93.115,
93.116,
93.117,
93.118,
93.119,
93.120,
93.121,
93.126,
and
93.127.

[
62
FR
43801,
Aug.
15,
1997]

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