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Transportation Conformity Primer

Transportation Conformity Primer. Southern Transportation and Air Quality Summit Jacksonville, Florida August 25, 2009. Today’s Objectives. Describe the transportation conformity requirement of the Clean Air Act Understand which areas have to meet conformity requirements

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Transportation Conformity Primer

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  1. Transportation ConformityPrimer Southern Transportation and Air Quality Summit Jacksonville, Florida August 25, 2009

  2. Today’s Objectives • Describe the transportation conformity requirement of the Clean Air Act • Understand which areas have to meet conformity requirements • Understand which transportation activities are subject to conformity • Understand when transportation conformity requirements must be met

  3. Clean Air Act and Transportation Conformity Rule • Required by Clean Air Act (CAA) Section 176(c) • Requires evaluation of emissions from transportation plans, transportation improvement programs (TIPs), and projects before they are funded or approved • Ensures that Federal (FHWA/FTA) funding and approval are given to transportation (transit/highway) activities that are consistent with air quality goals

  4. Transportation Conformity: A Link Between Air Quality and Transportation Planning Transportation Conformity Air Quality Planning Transportation Planning Metropolitan Transportation plan and Transportation Improvement Program (TIP) State Implementation Plan (SIP)

  5. Transportation Conformity • The CAA requires federal actions to conform to the purpose of the SIP • Purpose of the SIP: • Eliminates/reduces violations of the NAAQS • Expeditious attainment of the NAAQS • According to CAA section 176(c) transportation activities must not: • produce new air quality violations • worsen existing violations • delay timely attainment of NAAQS, or any interim reductions or milestones

  6. Where Does Transportation Conformity Apply? • CAA 176(c) and 40 CFR 93.102(b) describe where conformity applies – geographic • Designated nonattainment areas • Maintenance areas (nonattainment areas redesignated to attainment) • For ozone, PM2.5, PM10, CO, and NO2

  7. What Is Subject to Transportation Conformity? • CAA 176(c) and 40 CFR 93.102(a) describe the actions that are subject • Transportation plans • Transportation improvement programs (TIPs) • Regionally significant non-federal projects • Included in regional emissions analysis • No project-level conformity determination is required • Non-exempt “federal” projects, i.e., those that: • Receive FHWA or FTA funding or • Require FHWA or FTA approval

  8. Projects Exempt from Transportation Conformity Requirements • Projects exempt from all conformity requirements (40 CFR 93.126) • e.g., certain projects under categories for safety, mass transit, air quality and other • Projects exempt from regional emissions analysis (40 CFR 93.127) • e.g., intersection channelization, interchange reconfiguration • Traffic signal synchronization projects (40 CFR 93.128)

  9. Who Determines Conformity? • For transportation plans and TIPs: • MPO • FHWA and FTA • For non-exempt Federal transportation projects: • FHWA or FTA only

  10. Interagency Consultation Partners • FHWA and FTA • MPO • EPA • State DOTs • Local transit agencies • County agencies • State and local air agencies

  11. What is Interagency Consultation? • Consultation required on development of: • SIPs, • transportation plans & TIPs, and • conformity determinations • Each area must establish consultation procedures on: • general factors (93.105(b)), such as: • roles & responsibilities of each agency, • process for circulating drafts, • meetings, etc. • specific processes (93.105(c)), such as: • choosing models and assumptions, • establishing what projects are regionally significant, • deciding whether obstacles to approved SIP TCM implementation have been overcome, etc. • Each area includes its consultation procedures in its “conformity SIP”

  12. Public Consultation • Conformity rule (93.105(e)) relies primarily on public participation through DOT’s planning regulations (23 CFR 450.316(a)) • Provides opportunity for public review and comment of conformity determinations on transportation plans, programs, and projects • Requires all information for conformity determination to be available at the beginning of the comment period • Provide opportunity for public involvement in conformity determinations for projects where otherwise required by law

  13. When is Conformity Required? • Transportation Plan and TIP • Within 1 year of the effective date of a new nonattainment designation • Before new transportation plans and TIPs (or amendments) are adopted • At least every four years in metropolitan nonattainment/maintenance areas • Within 2 years of a new adequate or approved SIP budgets • Projects • Before a non-exempt project receives FHWA or FTA funding or approval for the first time

  14. Consequences of Missing Conformity Deadlines • If an area cannot conform by deadline, a one year conformity grace period starts • If a new plan and TIP cannot be adopted before the end of the grace period, conformity lapses • During a lapse, only 3 types of projects can proceed • Exempt projects (e.g., air quality neutral projects) • TCMs that are included in an approved SIP • Any project phase that was approved prior to the lapse (but not any subsequent phases) • One-year grace period does not apply to a newly designated nonattainment area

  15. Transportation Plan/TIP Conformity Determination • Perform regional emissions analysis and compare to adequate or approved SIP budgets or interim test(s); • Ensure timely implementation of any TCMs in an approved SIP; • Conduct interagency consultation and public participation; and • Meet other requirements (e.g., DOT’s fiscal constraint requirements).

  16. Regional Emissions Analysis • Emissions estimated over the length of the plan and compared to a test (budget test, or interim emissions test(s)) • 2005 change to CAA allows timeframe to be shortened • Rule includes modeling requirements (40 CFR 93.122) for certain areas • Analyses must be based on latest planning assumptions & latest emission model • In the analysis, emissions must be projected for certain years (e.g., budget years, attainment year, last year of the Plan) • Include VMT from all transportation projects in nonattainment or maintenance areas • Implementation of control measures must be assured

  17. Non-federal Projects • Non-federal projects that are regionally significant must be included in the: • conforming plan and TIP 93.121(a)(1), or • regional emissions analysis supporting the conforming plan/TIP 93.121(a)(2)

  18. Regional Emissions Analysis: Which Test Applies? • No adequate or approved SIP budgets: • Interim emissions test(s) (93.119) • Adequate SIP budgets: • Budget test (93.118) • Approved SIP budgets: • Budget test (93.118)

  19. Interim Emissions Tests • When no adequate or approved SIP budgets exist - • Moderate & above ozone, and moderate (12.7 ppm) & above CO areas must use: • Build<no-build test AND • Build<baseline year test • PM10, PM2.5, NO2, other ozone & CO areas: • Build<no-build test OR • Build< baseline year test

  20. The Budget Test • Budget test: emissions from planned transportation system < budget • SIP’s motor vehicle emissions budgets: • Provide “ceiling” on emissions for a given pollutant or precursor from all on-road mobile sources • Based on area’s motor vehicle inventory and control measures • Set at a level so that the area can attain and maintain NAAQS • Budgets can be used in conformity only if they are found adequate or are approved by EPA • OTAQ’s website documents EPA regional adequacy reviews

  21. Adequacy Review of Budgets • Conformity rule includes: • Adequacy criteria (93.118(e)(4)) • Procedures for EPA’s adequacy review (93.118(f)) • Finding of adequacy does not guarantee approvability of SIP • Adequacy reviews completed for any initial SIP that includes a budget or would affect regional emissions analyses (e.g., a limited maintenance plan)

  22. Adequacy Process • EPA’s adequacy review has three steps: • Public notification of SIP submission • via web posting and/or Federal Register notice • Public comment period • at least 30 days • EPA’s adequacy finding • via a Federal Register notice (and a letter in some cases) • finding also posted on EPA’s website • Three steps must be completed for adequacy findings made through both website (93.118(f)(1)) and rulemaking (93.118(f)(2)) processes.

  23. Timely Implementation of Transportation Control Measures • TCMs that are subject to timely implementation requirement are those that are (93.113): • included in an approved SIP, and • eligible for funding under FHWA or FTA laws • Conformity rule defines TCMs in approved SIPs (93.101) as: • one of the types listed in CAA section 108, or • any measure focused on reducing vehicle use or traffic/congestion • Vehicle or fuel technologies (e.g., I/M, RFG) are not TCMs for conformity purposes • EPA issued guidance in January 2009 • www.epa.gov/otaq/stateresources/transconf/policy.htm

  24. Fiscal constraint • Transportation plans and TIPs must be fiscally constrained consistent with DOT’s metropolitan planning regulations at 23 CFR part 450 in order to be found in conformity (93.108)

  25. When is Conformity Required for Projects? • Project-level conformity determinations only done for “FHWA/FTA projects,” i.e., • Highway and transit projects that require FHWA/FTA funding or approval • Before project is funded or approved • Typically part of NEPA process • Redetermination required for non-exempt projects (93.104(d)) if • project has not advanced in three years • project’s design concept and scope have changed significantly, or • supplementary environmental document has been initiated for air quality purposes

  26. Project-level Conformity Determination Requirements • Project must come from the currently conforming transportation plan/TIP • Design concept/scope have not changed significantly since the conformity determination regarding the transportation plan/TIP from which the project derived • Compliance with PM SIP control measures, if applicable • Any mitigation measures must have enforceable commitments • Includes a hot-spot analysis in CO, PM2.5, and PM10 areas, if required

  27. Project-level Requirements: hot-spot analysis • Project-level, hot-spot analysis required in: • CO areas • PM2.5 and PM10 areas, as required (for projects of local air quality concern) (40 CFR 93.123(b)(1)) • Ensures that pollutant concentrations from projects, summed with background meet CAA requirements (do not cause or worsen air quality violations or delay timely attainment) • Use latest planning assumptions and emissions model • Currently, qualitative hot-spot analysis required for PM2.5 and PM10 areas. • The timing of quantitative analysis will be described when EPA issues guidance and announces availability in the FR • EPA to issue quantitative modeling guidance when MOVES is released • There will be a grace period before MOVES quantitative PM hot-spot analyses is required.

  28. What is a conformity SIP? • Clean Air Act 176(c)(4) and 40 CFR 51.390 • requires states to submit SIP revisions to reflect specific federal conformity criteria and procedures • Conformity SIPs include only state conformity rules • do not contain motor vehicle emissions budgets, inventories, air quality demonstrations, TCMs, or control measures • State or local agencies must develop conformity SIPs through consultation process (93.105) • Contents of a conformity SIP-three required provisions: • 93.105: Consultation procedures for each state and/or area, and • 93.122(a)(4)(ii): written commitments to control measures be obtained prior to a conformity determination if the control measures are not included in an MPO’s transportation plan and TIP, and that such commitments be fulfilled; and • 93.125(c): written commitments to mitigation measures be obtained prior to a project level conformity determination, and that project sponsors comply with such commitments.

  29. Conformity SIP guidance • EPA issued guidance in January 2009 • www.epa.gov/otaq/transp/conform/policy.htm • Provides: • specific guidance on the requirements for conformity SIPs; and • specific guidance on the provisions of the January 2008 conformity rule • a checklist for • Conformity SIPs, and • model rule

  30. For Further Information • EPA’s website: www.epa.gov/otaq/stateresources/transconf/index.htm • All conformity rulemakings • All conformity guidance documents • Guidance on quantifying reductions from control measures • Complete, updated regulation and outreach materials • Research and training • DOT (FHWA) website: www.fhwa.dot.gov/environment/conform.htm • Basic Guide, Reference Guide, and Frequently Asked Questions • Research and training • Examples of Transportation Conformity Practice • Nonattainment/maintenance areas: • EPA’s Greenbook: http://www.epa.gov/oar/oaqps/greenbk/

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