2004 and 2005 Transportation Conformity Rule Amendments Outreach Activities
Session 7: Other Conformity Rule Changes
FHWA Transportation Conformity and CMAQ Workshop
Summer 2004
18-month triggers streamlined
Within 18 months of the effective date of EPA's (93.104(e)):
adequacy finding for the motor vehicle emissions budgets ("budgets") in the initial submission of a control strategy SIP or maintenance plan
approval of a SIP that creates or revises a budget unless the same budget was already used pursuant to an adequacy finding or previous approval
promulgation of a FIP
Grace Period for Compliance with Network Modeling Criteria
Final rule provides a two-year grace period (93.122(c))
Applies to new areas that are serious and above ozone and CO with populations greater than 200,000
allows time for an area to develop network model that complies with the 6 criteria
allows time for an area with a network model to expand it if the area's boundary grows
Grace Period for Compliance with Network Modeling Criteria
Areas or portions of areas required to meet 93.122(b) might be new because of:
bump-up: have 2 years from effective date of reclassification to serious or worse for ozone or CO
pop. grows > 200 K: have 2 years from official Census Bureau notice that urbanized population of a serious or worse ozone or CO area > 200,000
new area: have 2 years from effective date of EPA's action to classify an ozone or CO area with urbanized population > 200,000 as serious or worse
grace period does not apply to areas that are already required to meet 93.122(b) for existing NAAQS
Latest Planning Assumptions (93.110)
Final rule allows MPOs to use the latest planning assumptions in force at the time the conformity analysis begins
Prior rule: assumptions in force when DOT's final conformity determination is completed
This change makes implementation of latest planning assumptions similar to latest emissions model
Latest Planning Assumptions (93.110)
When does the conformity analysis begin?
When the MPO begins to model the impact of the proposed transportation plan, TIP or project on VMT and speeds and/or emissions
Determined through interagency consultation
Should be consistent for future conformity determinations
Latest Planning Assumptions (93.110)
Examples: when does the analysis begin?
MPOs with travel model:
point at which travel demand modeling is used to generate VMT and speed data to calculate emissions
Smaller MPOs and rural areas:
point at which VMT projections needed for emissions model are calculated using HPMS, population, and employment data
Latest Planning Assumptions (93.110)
Examples: when has the analysis not yet begun?
When initial list of projects for plan and TIP have been developed
Before projects have been coded into the network model
If travel or emissions modeling is used to preliminarily examine impacts of project alternatives or combinations of projects
When an initial schedule for completing the analysis is developed during a consultation meeting
Latest Planning Assumptions (93.110)
Interagency consultation used to determine the point when analysis begins
What if new information becomes available after the analysis begins?
If analysis is on schedule, MPO is not required to include it
but could do so voluntarily
If there has been a significant delay in the analysis before substantial work has been completed, new info must be included
as determined through interagency consultation
Latest Planning Assumptions (93.110)
Under final rule, a valid conformity determination should include the following documentation:
how the "time the conformity analysis begins" was defined
calendar date that conformity analysis begun; and
planning assumptions used in the analysis
Horizons for Hot-spot Analyses
Final rule clarifies that hot-spot analyses must consider the full time frame of transportation plan and regional analysis (93.116)
Areas should examine the year(s)within the plan or regional analysis during which:
peak emissions from project expected, and
a new or worsened violation would most likely occur due to impact of project emissions and background emissions in project area
Final rule not expected to significantly change current practice
What projects can proceed during a lapse?
Any FHWA/FTA project step approved prior to the lapse (e.g., construction)
result of March 1999 court decision
Any regionally significant non-federal project that had received all approvals prior to the lapse
result of March 1999 court decision
Non-regionally significant non-federal projects
Examples--Can it proceed .during a lapse?
Right-of-way (ROW) approved before lapse?
Can subsequent, unapproved project phases proceed during lapse (e.g., final design, construction)?
Non-exempt TCM in submitted (but not approved) SIP?
Non-exempt TCM in plan/TIP only (not in SIP)?
Examples--Can it proceed .during a lapse?
State-funded toll road has not yet received FHWA NEPA approval to connect to an interstate highway?
Same state-funded toll road has received FHWA NEPA approval and all other non-federal approvals before lapse?
Relevant Guidance Documents
Final rule is consistent with and does not supersede existing federal guidance:
FHWA/FTA January 2, 2002 memo (general guidance on what projects can proceed during a lapse)
FTA April 9, 2003 memo (guidance for transit projects and lapses)
FHWA/FTA May 20, 2003 memo (clarification of conformity requirements for projects requiring environmental impact statements)
EPA May 14, 1999 memo (includes guidance for projects that require only NEPA approval, but no subsequent federal funding approvals)
Adequacy Review of Budgets
March 1999 court decision requires that SIP budgets must be deemed adequate before used for conformity
Final rule incorporates EPA's May 14, 1999 guidance on adequacy reviews
No change from current practice
Current rule describes adequacy criteria
Not affected by March 1999 court decision or final rule
Adequacy Process Options
EPA can complete adequacy in two ways:
Through EPA's adequacy website (93.118(f)(1))
Through rulemaking process (93.118(f)(2))
Variations between options are possible
Adequacy Process (93.118(f)(1))
Approximately 90-day process
State submits SIP to EPA
EPA announces receipt of SIP on its website, 30-day public comment period started
if the complete SIP is not available on the state's website the comment period will be restarted if a copy is requested within 15 days of EPA's website announcement
Continued
Adequacy Process (93.118(f)(1))
Under this option, EPA makes a finding of adequacy/inadequacy by:
Responding to any comments
Sending a letter to state
Posting the finding on web
Issuing a Federal Register notice (FRN), or including finding in an FRN proposing/finalizing a SIP approval/disapproval
Continued
Adequacy Process (93.118(f)(1)(iv))
Finding effective 15 days after FRN in most cases unless:
the finding is made in an approval action - then the finding is effective on the publication date of the approval, or
the finding is made in a direct final approval - then the finding is effective on the effective date of the approval - e.g., 60 days after publication
Adequacy Process (93.118(f)(1)(vi))
If EPA reconsiders a previous finding of adequacy, the adequacy process will be repeated
unless the deficiencies are so significant that there is no need for comment on the decision to reverse the finding
in these cases, findings of inadequacy become effective on the date of the finding letter to the state
Adequacy Process (93.118(f)(1)(vii))
If EPA reconsiders a previous finding of inadequacy, the adequacy process will be repeated
Adequacy Process (93.118(f)(2))
Under this option, EPA notifies public of SIP through proposed or direct final rule with a 30-day comment period
EPA responds to comment in rulemaking docket
Finding effective:
on the publication date of an approval, or
on the effective date of a direct final approval - 60 days after publication
What provisions apply?
In areas without an approved conformity SIP:
All of the provisions in the July 1, 2004, conformity rule apply
What provisions apply?
In areas that have an approved conformity SIP:
all provisions relating to the new standards apply
all amendments that directly result from the March 2, 1999, court decision apply
But: amendments not related to new standards or court decision that are addressed an an approved SIP cannot apply
until state updates its SIP and EPA approves it
What provisions apply?
In areas that have an approved conformity SIP
Examples of amendments that cannot apply are:
streamlining frequency of conformity determinations
revision to the latest planning assumptions requirement
changes in interim emissions tests for existing standards
EPA will work with states to approve conformity SIPs in these areas quickly
Upcoming transportation conformity guidance
Multi-jurisdictional nonattainment and maintenance areas
