Transcript Transportation Conformity Proposed Rule for SAFETEA-LU

SAFETEA-LU Changes to the
Transportation Conformity Rule
February 21, 2008
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Overview
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Background on transportation
conformity
SAFETEA-LU’s changes to Clean Air
Act transportation conformity
provisions
EPA’s final rule of January 24, 2008
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Background: Conformity
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Clean Air Act section 176(c) requires federally
funded or approved transportation plans,
programs, and projects to not:
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produce new air quality violations
worsen existing violations, or
delay timely attainment of standards
Required only in nonattainment and
maintenance areas for transportation-related
pollutants (ozone, particulate matter, carbon
monoxide, and nitrogen dioxide)
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What is subject to transportation
conformity?
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Transportation plan: 20-year timeframe
Transportation improvement programs
(TIPs): 4-year timeframe now
“Federal” projects: those which
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Receive FHWA or FTA funding
Require FHWA or FTA approval
Impacts of regionally significant non-federal
projects also included in plan/TIP conformity
prior to approval, but no project-level
conformity determination
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Background: SAFETEA-LU and
Conformity
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SAFETEA-LU enacted August 2005, and its
conformity changes applied upon its
enactment
EPA and DOT issued a joint interim guidance
February 2006 for use prior to our rule
EPA’s final rule, published January 24, 2008,
covers 6 changes addressed by SAFETEA-LU
Final rule is consistent with interim guidance
and practice to date
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Frequency
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SAFETEA-LU changed CAA’s required frequency of
conformity determinations for transportation
plans and TIPs from at least every 3 years to
every 4 years
EPA’s final rule: Same as above
SAFETEA-LU also changed frequency of
transportation plan and TIP updates to every 4
years
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Not a CAA change, but a transportation planning
change
Frequency of plans, TIPs, and conformity aligned
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Deadline for Conformity When
New Budget Established
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SAFETEA-LU amended CAA to give 2
years to make a conformity
determination when a new state air
quality plan (SIP) budget is
established
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Previously, conformity rule gave 18
months
EPA’s final rule: same as above
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Conformity Lapse Grace Period
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SAFETEA-LU amended CAA by:
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Establishing a 12-month lapse grace period
that applies when a required conformity
deadline is missed
EPA’s final rule:
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When a conformity deadline is missed, a
lapse would occur only after a 12-month
grace period
During the grace period, projects could be
found to conform if they were included in
the most recent conforming plan and TIP
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Shortening Timeframe of
Conformity Determination
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SAFETEA-LU changed CAA to allow MPOs to elect to
shorten the period of time covered by a conformity
determination
MPOs must consult state and local air quality agencies
and solicit & consider public comment when making
election
Shortened conformity timeframe must be the longest of:
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The first 10 years of the transportation plan
The latest year that a SIP establishes a budget
The year after the completion date of a project that is
included in the TIP or needs approval before next
conformity determination
Maintenance areas with an adequate/approved second
10-year maintenance plan: shortened timeframe is
through end of second maintenance plan
EPA’s final rule: same as above. EPA’s rule gives this
flexibility to isolated rural areas as well.
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Conformity SIPs
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A conformity SIP contains state and local procedures for
conformity (rather than budgets or control measures).
Once approved, it applies instead of Federal conformity
rule for any aspects it covers
SAFETEA-LU changed CAA’s conformity SIP
requirements. State’s conformity SIP needs to include
only 3 provisions, instead of entire federal conformity
rule:
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Consultation procedures – 93.105
The 2 provisions where conformity rule requires state
conformity SIPs to require “written commitments” – when
measures are included in analyses (93.122(a)(4) and
93.125(c))
EPA’s final rule: same as above
EPA is also revising its 2004 conformity SIP guidance to
be consistent with the final rule
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TCM Substitutions and Additions
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SAFETEA-LU changed CAA to allow TCMs
to be substituted or added to an approved
SIP without a formal SIP revision
Statute includes sufficient detail to
implement; therefore, no need for
regulations
EPA is also updating guidance for TCM
substitution and addition (currently
covered in Feb 2006 interim guidance)
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For more information:
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www.epa.gov/otaq/stateresources/transconf/index.htm
“Regulations” link on above page includes:
 EPA’s final SAFETEA-LU rule and fact sheet
 Transportation conformity regulations, as updated by
SAFETEA-LU rule
 Clean Air Act section 176(c) as amended by
SAFETEA-LU
 Current guidances that cover TCM substitution and
conformity SIPs – soon to be updated
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