2004 and 2005 Transportation Conformity Rule Amendments Outreach Activities
Session 5: Conformity in Multi-jurisdictional Areas
FHWA Transportation Conformity and CMAQ Workshop
Summer 2004
Part 1: What is a .multi-jurisdictional area?
A nonattainment or maintenance area that involves:
multiple MPOs,
donut areas, and/or
multiple states
A single jurisdiction area (the basic case) is:
one MPO, no donut area,
in one nonattainment area within one state
Part 2: before areas have SIP budgets
No budgets, so these areas use:
interim emissions test(s) in 93.119
Guiding principle:
There must be one regional emissions analysis, for the entire area and the conformity determination(s) must cover the entire area (92.124(d))
Applies whether area:
has one or more MPOs,
a donut portion,
parts of more than one state, or
any combination of the above
Part 2: before areas have SIP budgets
When an area includes more than one MPO, a donut, or both:
the regional emissions analysis can be done in either of 2 ways:
one modeling analysis for entire area, or
separate modeling by each MPO (and state DOT, as appropriate for donut), combined
Part 2: before areas have SIP budgets
When an area includes more than one MPO, a donut, or both:
the conformity determination(s) are done as follows:
each MPO determines conformity of its plan and TIP (which could reflect donut area) and submits it to DOT
DOT waits to make its conformity determination until all are received
(i.e., every part of the nonattainment area is included in a plan/TIP conformity determination & regional emissions analysis)
DOT makes its conformity determinations on the plans and TIPs at the same time.
Part 3: once areas have budgets
Part 3 applies once an area has a budget for a pollutant/precursor for an applicable standard that is either adequate or approved
Guiding principle is:
the regional emissions analysis and
the conformity determination(s)
are done for the geographic area addressed by the SIP budget
Part 3: once areas have budgets
How might budgets be established in a nonattainment/maintenance area
within a single state:
budget established for entire area, or
subarea budgets for each MPO within the area
in a multi-state area:
identical budgets in each state's SIP that apply to the entire area
unique budgets in each state's SIP that apply only to each state's own portion of the area
State and local agencies use consultation process to decide how SIP(s) are established
Part 3: once areas have budgets - area in a single state
Where SIP establishes one budget:
One regional emissions analysis for the entire area
The conformity determination(s) must cover the entire area and be done at the same time
each MPO determines conformity of its plan and TIP (which could include a donut) and submits it to DOT
DOT waits to make its conformity determinations until all MPO determinations are received
(i.e., every part of the nonattainment area is included in a plan/TIP conformity determination & regional emissions analysis)
DOT makes its conformity determinations on the plans and TIPs at the same time.
Part 3: once areas have budgets - area in a single state
How are the regional analysis and conformity determinations done when one budget applies to:
Two or more MPOs?
MPOs can model emissions separately or together
DOT makes conformity determinations for their plans and TIPs at the same time
One MPO + a donut area:
donut's emissions are included in the regional emissions analysis for the MPO
one conformity determination is made for the MPO's plan and TIP
Two or more MPOs + a donut area:
Consult to determine who does analysis for donut
DOT makes conformity determinations for their plans and TIPs at the same time
Part 3: once areas have budgets - area in a single state
Where SIP establishes subarea budgets (see 93.124(c) and (d)):
Each MPO can make independent conformity determinations for its plan and TIP, if
all other subareas have conforming plans and TIPs in place
If one MPO lapses, no others can make plan/TIP conformity determinations until lapse resolved
Part 3: once areas have budgets - multi-state area
Where SIP establishes one budget for entire area:
One regional emissions analysis is done for the entire area
The conformity determination(s) must be done for the entire area at the same time
Part 3: once areas have budgets - multi-state area
Where each state's SIP has a budget for its own portion of the area,
each state is completely independent for conformity
e.g., a lapse can be occurring in State A, and States B and C can continue to make conformity determinations
Part 4: 8-hour areas with 1-hour SIPs
4 possible ways the 8-hour boundary relates to the 1-hour boundary:
Part 4: 8-hour areas with 1-hour SIPs
Guiding principle:
Use adequate or approved 1-hour budgets for conformity for whatever area they cover, and
Use the interim emissions test(s) for any portions not covered by 1-hour budget, or it is determined through consultation that such tests are more appropriate than 1-hour budgets
Part 4: 8-hour areas with 1-hour SIPs -- all scenarios
If 1-hour SIP establishes subarea budgets
First conformity determination for the 8-hour standard: each MPO determines conformity for its plan and TIP and submits to DOT
DOT will not make its plan/TIP conformity determinations until all MPOs have submitted conformity determinations
Subsequent determinations: all other subareas must be in conformity before any MPO makes a conformity determination
Part 4: 8-hour areas with 1-hour SIPs -- all scenarios
If multi-state area has unique SIP budgets for each state:
Each state can determine conformity independently, regardless of scenario
Budgets used where they apply, and
Interim emissions tests, where necessary, can be applied to:
the portion in a state not covered by the budgets
a state's entire 8-hour nonattainment area
(the entire multi-state area -- but if chosen, states lose independence in conformity)
Part 4: Scenario 1
Scenario 1: 8-hour boundary=1-hour boundary
Scenario 1 area might be made from one or more 1-hour areas
If 1-hour budgets apply to entire 8-hour area,
one regional emissions analysis, and
one conformity determination
is done for the entire area
In a multi-state area, if unique 1-hour budgets apply to each state,
Each state can determine conformity independently
Part 4: Scenario 2 -- general
Scenario 2: 8-hour boundary < 1-hour boundary
Two choices for budget test:
budget test for 8-hour area only, if possible to determine what portions of budgets apply
budget test for 1-hour area, that is, emissions are estimated for the entire 1-hour area, but any additional emissions reductions needed to meet budgets must come from within the 8-hour area
Part 4: Scenario 2 -- general
Scenario 2: 8-hour boundary < 1-hour boundary
A scenario 2 area might be made from
one 1-hour area, or
several 1-hour areas
Washington, DC-MD-VA
Part 4: Scenario 3 - general
Scenario 3: 8-hour boundary > 1-hour boundary
Use 1-hour budgets for area they cover (egg yolk) and
Use interim emissions test(s) for either:
portion not covered by budgets (egg white), or
the entire 8-hour area (the whole fried egg)
Part 4: Scenario 3 - example
Area within one state with 1-hour subarea budgets
MPOs A, B, C, D use their subarea budgets, plus
interim emissions test(s) for either:
part not covered by budgets (E alone), or
entire 8-hour area (A, B, C, D, and E)
Atlanta, GA
Knoxville, TN
Part 4: Scenario 3 - example
Multi-state area, ea. state has unique 1-hr budgets
Each state can determine conformity independently
State A and B must meet their budgets
State C must meet its budgets, plus the interim emissions test(s) for either
the portion not covered by budgets in State C
State C's entire piece of the 8-hour area
Part 4: Scenario 3 - example
Multi-state 8-hour area, but one state has 1-hour budgets
State with budgets can do conformity independently
