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Conformity in New 8-Hour Ozone and PM-2.5 Areas
Most metropolitan areas that were designated as nonattainment of the 8-hour ozone standard must have an approved conformity determination under that standard by June 15, 20055. Newly designated PM-2.5 areas will have to demonstrate conformity within 12-months of the effective date of designations, or by April 5, 2006. Table 1 shows the classifications and attainment dates for the 8-hour ozone nonattainment areas.
| Classification | Years to Attain | Attainment Date |
|---|---|---|
| Marginal | 3 years | 2007 |
| Moderate | 6 years | 2010 |
| Serious | 9 years | 2013 |
| Severe 1 | 15 years | 2019 |
| Severe 2 | 17 years | 2021 |
| Subpart 1 ("Basic" areas) | 5 years | 2009 |
Key Elements of a Conformity Determination
One way to understand transportation conformity is to know the key requirements and how they interact. The major components of a conformity determination include:
- Interagency Consultation and Public Involvement
- Latest Planning Assumptions and Emissions Model
- Regional Emissions Analysis
- Motor Vehicle Emissions Budget
- Timely Implementation of TCMs
- Fiscal Constraint
Interagency Consultation and Public Involvement
Experience has shown that ongoing coordination and communication between Federal, State and local transportation and air quality agencies is vital to a smoothly running conformity process. In addition, a clear understanding of roles and responsibilities of participating agencies is essential.
The conformity rule requires that Federal, State and local transportation and air quality agencies establish formal procedures to ensure interagency coordination on critical issues. Typical participants in interagency consultation include FHWA, FTA, EPA, state DOTs, state and regional air quality agencies, and MPOs. In addition, transit operators are often active participants in interagency consultation. Interagency consultation is a forum for discussing key assumptions to be used in conformity analyses, strategies to reduce mobile source emissions, specific impacts of major projects, issues associated with travel demand and emissions modeling, and the development of motor vehicle emissions budgets. The specific process that will be followed in each area must be adopted as part of the SIP and must be used to develop transportation plans, TIPs and the SIP. These adopted interagency consultation procedures are referred to as the "conformity SIP".
Public Involvementt
Good public involvement processes are proactive, easily accessible to the public and keep the public informed on an ongoing basis.
MPOs are required to make transportation plans, TIPs and conformity determinations available for public review. MPOs must also respond to public comment and provide adequate notice of relevant meetings. Project sponsors must also allow for public involvement during project development. The public involvement requirements for transportation planning must be met; there are no additional public involvement requirements for conformity.
5 Note, EPA has provisionally deferred into the future the effective date of 8-hour ozone nonattainment designations for areas participating in an Early Action Compact (EAC). Conformity for the 8-hour ozone standard does not apply in areas with an EAC unless an area fails to meet all the terms and milestones of its compact and the nonattainment designation becomes effective.
Latest Planning Assumptions and Emissions Model
Conformity requires that latest planning assumptions and EPA-approved emissions models be used each time a regional emissions analysis is conducted. This requirement ensures that the latest planning, travel, vehicle age and fleet mix, demographic, and economic assumptions are reflected in conformity determinations.
Transportation agencies must make assumptions about the future in their regional plans. These assumptions include population, employment, travel needs, vehicle fleet composition (proportions of types of vehicles), land use, and economic development. The conformity rule requires that when plans and TIPs are developed or updated, the assumptions used to forecast future conditions must be based on the latest available information. Current motor vehicle fleet information is essential to good planning and forecasting and is one of the key planning assumptions in conformity. Likewise, the latest EPA-approved emissions models must be used that reflect the latest science and policies regarding motor vehicle emissions and the emissions benefits of cleaner engine and fuel standards.
Regional Emissions Analysis
Regional emissions analysis is the key analytical component of a conformity determination. It demonstrates that transportation investments are consistent with air quality goals.
Estimating regional emissions from onroad mobile sources traveling on the planned transportation system is essential to a conformity determination. The conformity rule requires that future emissions estimates include the entire horizon of the transportation plan (at least 20 years) for the region. The regional emissions that are forecast through models are compared to the motor vehicle emissions budget ("budget") from the SIP that sets a limit on emissions from onroad sources. This budget cannot be exceeded in order for an area to make a conformity determination. In the absence of an approved or adequate budget, areas must pass interim tests that basically compare emissions associated with the proposed transportation network ("build" scenario) with a status-quo-type situation ("nobuild" or "baseline"). The regional emissions analysis is based on motor vehicle travel across the entire current and planned transportation system and reflects the investments detailed in the transportation plan and TIP.
Motor Vehicle Emissions Budget
The State air quality agency is responsible for the development of the entire SIP. The air quality agency identifies how pollution from all sources will be reduced sufficiently to meet the federal air quality standards. As part of this process, the motor vehicle emissions budget is developed. Transportation agencies, including state DOTs and MPOs, should consult with the air quality agency on the development of the SIP and motor vehicle emissions budget.
The SIP accounts for emissions of each pollutant for each source type. There are three types of sources: mobile (on-road and non-road), stationary (i.e., refineries), and area sources (i.e., dry cleaners). Required emission reductions are calculated and control measures are adopted to achieve needed reductions. This reduced level of emissions is used to set a limit for motor vehicle emissions, which are called "budgets".
Timely Implementation of TCMs
When an EPA-approved SIP includes TCMs, each time a conformity determination is made the MPO must demonstrate that these measures are being implemented on schedule as called for in the SIP.
Transportation Control Measures, or TCMs, are measures that are included in the SIP to help reduce emissions from on-road mobile sources. Section 93.101 of the conformity regulations contains a definition of TCMs for conformity purposes. Some of these measures are specifically listed in the CAA6 and transportation and air quality agencies often consider whether such measures are beneficial and needed to meet air quality requirements. TCMs are designed to reduce emissions from motor vehicles by reducing vehicle use, changing traffic flow, or relieving congestion at bottlenecks. Examples include high-occupancy vehicle (HOV) lanes, improving public transit, and vanpooling programs. If an EPA-approved SIP includes any of these measures, the MPO must show, as part of the conformity determination, that the measures are being implemented on schedule and given priority for Federal funding. Not all areas have these measures in their approved SIPs, nevertheless these types of measures are often routinely implemented through the transportation plan and TIP (i.e., transit services, telecommuting programs).
Fiscal Constraint
Plans and TIPs in nonattainment or maintenance areas must be shown to meet the FHWA/FTA fiscal constraint requirements.
The FHWA/FTA7 metropolitan planning regulations require that transportation plans and TIPs be based upon reasonable estimates about future revenues. In addition, in the first two years of the TIP, projects must be limited to those for which funds are known to be available and committed. This is known as fiscal constraint. The conformity rule requires that the fiscal constraint requirements of the planning regulations be met prior to determining conformity on a plan or TIP.
Exhibit 7 shows the conformity process and how the elements of a conformity determination interact.
Exhibit 7Transportation Conformity Process  Source: Federal Highway Administration |
Project Level Conformity and Hot-spot Analysis
Project-level conformity determinations must also be made for Federal highway and transit projects to demonstrate that the project is reflected in a conforming transportation plan and TIP. Additionally, as part of these project level determinations, in carbon monoxide and particulate matter nonattainment and maintenance areas, localized analysis is required for Federallyfunded or approved projects. This analysis is called "hot-spot" analysis.
Conformity Lapse
If a conformity determination is not made according to the required frequency, a conformity lapse occurs. In the case of a conformity lapse, the use of Federal transportation funds is restricted to certain kinds of projects. These include "exempt projects" such as safety projects and certain mass transportation projects, TCMs from an approved SIP, and project phases that were authorized by the FHWA/FTA prior to the lapse. The FHWA and FTA do not reduce the amount of funding a State receives if there is a lapse; however, as noted above, use of Federal funds is restricted during the lapse.
Options to Resolve a Conformity Lapse
There are two options to resolving a conformity lapse if emissions estimates exceed the motor vehicle emissions budget: change the projects in the transportation plan or TIP (either the mix or timing of projects), and/or revise the motor vehicle emissions budget. In order to revise a motor vehicle emissions budget, a SIP revision is required which can be time consuming. Also, in order to revise a budget, the State air quality agency may need to identify additional control measures from on-road or other sources of pollution in order to increase the budget for on-road emissions. Often times, however, a lapse may occur due to a missed deadline such as an expired plan, TIP, or conformity determination. In this case, the lapse may be resolved by completing the necessary steps to fulfill transportation or air quality planning requirements.
Options for MPOs to Reduce Emissions
The MPO can adopt projects in the transportation plan and TIP that help to reduce emissions. Examples include: HOV lanes, transit investments, signal timing, bicycle lanes and coordinating land use planning with transportation planning. Other projects that can be implemented including retrofitting, repowering, or scrapping old trucks, supporting idling reduction at truck stops, or encouraging accelerated use of cleaner fuels, especially low sulfur diesel fuel. Appendix B includes a discussion of options to reduce emissions from on-road motor vehicles.
6 CAA Section 108(f)(1)(A).
7 23 USC Section 134.
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