1. Environmental Planning
ODOT Presentation
Environmental Planning
Air Quality Requirements for Transportation Projects

2. Air Quality &Transportation Projects
Presentation will cover:
Various Air Quality Regulations
Focus is on project requirements in nonattainment/maintenance areas
Categorical Exclusion Level since most local agency projects fall in this category. (exceptions are noted)
Guidance for local agencies to carry out tasks.

3. Air Quality & Transportation
Air Quality must be addressed for transportation projects in order to satisfy:
National Environmental Policy Act (NEPA)
Clean Air Act (CAA)
Transportation Conformity Rule

4. Air Quality & Transportation
The level of air quality work required is dependent upon:
Type of project
Environmental Category (Class 1 EIS, Class 2 CE, Class 3 EA)
EPA NAAQS designation: in attainment, non-attainment or maintenance
This presentation will focus on Class 2 CE projects in non-attainment/maintenance areas.

5. NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS)
Air Pollution Transportation
NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS)
The 1970 Clean Air Act, amended in 1990, required US EPA to establish the National Ambient Air Quality Standards (NAAQS) and to conduct periodic review of the standards.

6. NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS)
Air Pollution Transportation
NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS)
Seven Criteria Pollutants used by EPA and defined in the Clean Air Act (CAA):
Carbon Monoxide (CO)
Ozone (O3)
Particulate Matter 10 um and less
Particulate Matter 2.5 um and less
Lead (Pb)
Sulfur dioxide (SO2)
Nitrogen Oxides NOx

7. Non-attainment Areas &
US EPA Designations:
Air Quality
Non-attainment Areas &
Maintenance Areas
A non-attainment Area is any geographic region designated as in violation of National Ambient Air Quality Standards for a specific pollutant. (e.g. Oakridge PM-10 non-attainment area)
A Maintenance Area is any Non-attainment Area which has been redesignated to Attainment subject to submission and approval of a Maintenance Plan. (e.g. Klamath Falls CO Maintenance area)

8. What Needs to be done after Designation?
Once an area is designated non-attainment, the area needs to come up with a plan to solve the air quality problem within a predetermined time frame (time frame varies by pollutant and severity of violations).
A “State Implementation Plan” (SIP) is developed and includes strategies and methods to demonstrate how the state is going to meet the NAAQS.
A SIP is only required for nonattainment or maintenance areas.

9. What is included in a SIP?
Air Monitoring
Emissions Inventory (typically expressed as tons per day)
Stationary sources, (factories)
area sources (dry cleaners, finishing companies)
on-road mobile sources, (transportation related)
off-road mobile sources (construction equipment, planes, tractors)
Modeling (capacity of pollutants the air shed can receive without violating the NAAQS)
Control Strategies (measures to reduce or control emissions such as mobile source emission budgets)
Attainment Demonstration

10. SIP Control Strategies
Example Strategies to Reduce Motor Vehicle Emissions:
Vehicle Emission Standards (Oregon’s adoption of California LEV standards for new automobiles)
Vehicle Fuel Standards (e.g. low sulfur diesel fuel)
Inspection and Maintenance Programs (Portland and Medford areas)
Transportation Control Measures (TCMs): [CAA SS 108(f)(1)(A):16 types]
Public transit
Rideshare
Bike/Ped
High Occupancy Vehicle (HOV) lanes
Onroad Mobile Source Budget (tons/day)
Others

11. NONATTAINMENT AND MAINTENANCE AREAS
OREGON
NONATTAINMENT AND MAINTENANCE AREAS
AREA POLLUTANT DESIGNATION BOUNDARY
Portland METRO CO Maintenance METRO
Portland METRO O Maintenance (anti-backsliding) AQMA
Salem CO Maintenance SKATS
Salem O Maintenance (anti-backsliding) SKATS
Eugene-Springfield CO Maintenance CATS
Eugene-Springfield PM Nonattainment AQMA
Medford CO Maintenance UGB
Medford-Ashland PM Maintenance AQMA
Grants Pass CO Maintenance CBD
Grants Pass PM Maintenance UGB
Klamath Falls CO Maintenance UGB
Klamath Falls PM Maintenance UGB
Oakridge PM Non-attainment UGB
La Grande PM Maintenance UGB
Lakeview PM Maintenance UGB

12. Air Quality Conformity
Conformity Provisions of the Clean Air Act Amendments of 1990 Requires States to Ensure that Transportation Activities do not Violate Clean Air Objectives.
Federal Conformity Rule adopted by FHWA/EPA, November, CFR Part 93
State Conformity Rule Approved by EQC, March, ‘95.
OAR
Conformity Rule ONLY applies to projects located in Non-attainment and Maintenance areas

13. Conformity Transportation Planning
Transportation Conformity Rule
requirements are intended to
integrate air quality with
transportation planning.
Conformity is established by demonstrating that transportation plans, programs and projects are consistent with the approved State Air Quality Implementation Plan (SIP).

14. Conformity Demonstration
Transportation Plans (RTP), Programs
(TIP) and Projects in air quality non-
attainment or maintenance areas must
demonstrate conformity.
Quantitative Analysis of mobile source pollutant emissions is used to demonstrate that transportation systems will not exceed the level of emissions allowed in the State Implementation Plan (SIP).

15. Conformity General Criteria
Transportation Plan (RTP):
Total emissions are within a SIP transportation emissions budget; or less than a base year and/or no-build scenario.
Transportation Improvement Program (TIP):
TIP from conforming RTP and total emissions are within a SIP budget: or less than a base year and/or no-build scenario.
Project: (for projects involving federal funds or that require federal approval)
Project from conforming RTP and TIP (with matching design concept and project scope) and project alternative must not exacerbate any existing carbon monoxide or particulate matter hot-spots and will not create new violations.

16. Conformity Who’s Responsible
State Implementation Plan/Conformity
Oregon Environmental Quality Commission with
technical support from DEQ.
Conformity of Plans (RTP) and Programs (TIP)
Metropolitan Areas: In Portland, Salem-Keizer, Eugene-Springfield and Medford the Metropolitan Planning Organization has decision making authority with technical support from Metro, MWVCOG, LCOG and RVCOG respectively.

17. Conformity Who’s Responsible
Conformity of Plans and Programs
Rural Areas: In Klamath Falls, La Grande, Oakridge, Grants Pass and Lakeview decision authority rests with the ‘owners’ of the transportation facilities with technical support from ODOT (with the exception of Grants Pass where RVCOG provides technical support).
Note: Rural non-MPO areas do not have RTP/TIPs. Projects are typically identified in TSPs and STIP. Regional conformity addressed on project basis.
Conformity of Transportation Projects
Project-level conformity determinations are the responsibility of the project sponsor. The Conformity Rule establishes three project categories.

18. Conformity Project Categories
Exempt Projects
Safety, Mass Transit and Enhancement typify projects which are exempt from conformity. Exempt Projects do not have an affect on air quality.
(see OAR Table 2 for list)
Projects Exempt from Regional Conformity
Intersection Channelization or Signalization typify projects which are exempt from regional conformity analysis, but not from Carbon Monoxide/Particulate Matter Hot-Spot Analysis.
(see OAR Table 3 for list)
Regionally Significant
Capacity or Flow Enhancement projects on principal arterials.
Refer to Handouts for Tables 2 and 3.

19. Conformity Data & Information
Regional Conformity Determination
Transportation Model for Non-attainment or Maintenance area.
List of regionally significant projects; State and Local.
Air pollutant emission rates.
Project Level Conformity Determination in Carbon Monoxide Areas (if quantitative analysis is required)
Peak hour traffic volume and speeds for area substantially affected by project.
Signal data; red/green time, turning movements, phases.

20. Conformity Who Approves?
Regional Conformity Determinations
RTP/TIP: Submitted by Metropolitan Planning Organization in Urban Areas and approved by USDOT (FHWA/FTA) in consultation with EPA and other agencies.
STIP: Approved by FHWA, FTA and EPA.
Project Level Conformity Determinations
Project Sponsor is responsible to submit.
Approved by USDOT (FHWA, FTA). However, EPA, DEQ and other agencies have opportunity to comment through the NEPA review process.

21. Conformity Failure to Approve
RTP/TIP Conformity
Federal actions to support, approve or provide financial assistance are prohibited for transportation activities that do not meet conformity requirements.
If plan and program conformity is not approved, then only exempt projects and projects from a prior conforming program can proceed to implementation. However, project development activities may continue on all projects.
Project Conformity
Failure to achieve a conformity on a specific project will only affect that project

22. Conformity Steps in Analysis
STIP Development
Local agencies identify local or privately funded regionally significant projects. Regionally significant projects in the STIP are identified.
Review and update Transportation Model for the study area.
Trans model runs are made for appropriate analysis years to generate VMT and speed data.
Emissions model runs are made for study area / analysis years.
Emission factors are applied to VMT to calculate total pollutant emissions.
The total build pollutant emissions are then used to establish conformity by the appropriate criteria.

23. Conformity Steps in Analysis
Continued:
In the event that conformity cannot be established, then model runs are reviewed to determine where the problem area exists. If the problem cannot be corrected through model refinements, then adjustments to a project(s) alternative or schedule may be required. Worst case, a project may need to be dropped from the STIP.
This iterative process continues until conformity is established. Trans model and emissions model re-runs occur at each iteration. Once conformity is established, the findings are documented and reviewed through interagency coordination.
The conformity determination then is made available for public review and comment for 30 days prior to final decision.

24. Oregon Non-attainment and Maintenance Areas
Carbon Monoxide
Portland Metropolitan Area (Metro), Salem/Keizer (SKATS), Medford (UGB), Klamath Falls (UGB) Eugene-Springfield (CATS: regional; AQMA:hot-spot) and Grants Pass (CBD).
Particulate Matter of less than 10µ (10 microns)
Oakridge (UGB), Eugene-Springfield (AQMA-UGB), Klamath Falls (UGB), Grants Pass (UGB), Medford-Ashland (AQMA), Lakeview (UGB) and La Grande (UGB).
Ozone (anti-back sliding maintenance plan)
Portland Metropolitan (AQMA) and Salem/Keizer (SKATS).

25. Conformity Trouble Spots!
None to Date - As of March 2007:
Also, No monitoring violations for the following pollutants of concern:
CO, O3 and PM-10
HOWEVER:
New PM2.5 standard adds new non-attainment areas to Oregon in 2010:
Klamath Falls
Oakridge
Formal designation will occur in year 2010 (based on monitoring data).

26. Project Level Process
How do I know if air quality needs to be addressed on a particular project?
Review the environmental project prospectus (part 3):
Refer to Handouts

27. Project Level Process
Environmental project prospectus (part 3) Air Quality section includes:
The part 3 will identify if the project is located in a nonattainment/maintenance area and its respective pollutant, and
Whether the project is in an RTP/TIP (when applicable), and
Whether project level conformity determination is needed (e.g. CO or PM-10 hot spot analysis), or
Whether the project is exempt from conformity requirements

28. Project Level Conformity: CO
The part 3 says the project will install a new traffic signal and that a project level conformity is needed and a CO hot spot analysis may be required.
What do I do next?

29. Project Level Conformity: CO
Obtain Traffic Data Level of Service (LOS) information for signalized intersections affected by the project.
Get signalized intersection LOS information for:
No Build and Build Alternatives
Year of Project Completion and Design Year (typically 20 years)

30. Project Level Conformity: CO
If the LOS under the Build Alternative indicates an LOS A, B, or C:
a “Qualitative” project level conformity memo is all that is needed, and a “quantitative CO hot-spot analysis is NOT required.
Refer to ODOT’s Air Quality Procedures Manual for an example.

31. Project Level Conformity: CO
If the LOS under the Build Alternative indicates an LOS D, E, or F:
a “Quantitative” project level CO hot-spot analysis is required.
A consultant will be needed to perform the analysis and write the report.
Example Statements of Work can be obtained from ODOT’s Environmental website.

32. Project Level Conformity: PM-10
The part 3 says the project is located in a PM-10 area, involves channelization and signalization, and that a project level conformity determination is needed.
What do I do next?

33. Project Level Conformity: PM-10
For projects requiring PM10 hot spot analysis, the analysis is done “qualitatively.” No quantitative methods currently exist. Low level analysis but is still required by law.
Refer to ODOT Air Quality Procedures Manual and ODOT 2007 Statewide Air Quality Report for further details.

34. Project Level Conformity: PM-10
PM-10 Analysis Reference Materials:
Transportation Conformity Guidance for Qualitative hot-spot analyses in PM2.5 and PM-10 Nonattainment and Maintenance areas dated March
Note: Since Oregon has its own conformity SIP, PM analyses must continue to follow the PM-10 hot-spot procedures in its existing conformity SIP until the SIP is updated and approved by EPA. Therefore, Oregon is required to complete a qualitative PM-10 hot-spot analysis for ever project-level conformity determination since these were the requirements prior to the March 10, 2006 final rule for PM. PM10 Hot-spot Analysis is required as prescribed in OAR and
ODOT Air Quality Procedures Manual
ODOT 2007 Statewide Air Quality Report

35. Emerging Issues: Mobile Source Air Toxics (MSATs)
Pollutants that cause or may cause cancer
To date, no NAAQS for MSATs
Being raised more frequently during the NEPA process. Litigants have used air toxics when challenging projects.
EPA’s 6 priority MSATs:
Benzene
Formaldehyde
Acetaldehyde
Diesel particulate/diesel exhaust
Acrolien
1,3-butadiene

36. Emerging Issues: Mobile Source Air Toxics (MSATs)
ODOT has adopted FHWA’s interim guidance on Air Toxics Analysis in NEPA documents. However, currently MSAT analyses is not required by law but has been challenged in the courts.
Refer to ODOT Air Quality Procedures Manual and ODOT Air Quality Technical Manual for further details.
MSAT analysis task is included in ODOTs Air Quality Statement of Work (SOW) templates.

37. MSAT Analysis
In FHWA’s Interim Guidance for MSATs in NEPA Documents, FHWA has identified three levels of analysis:
No analysis for projects with no potential meaningful MSAT effects;
Qualitative analysis for projects with low potential MSAT effects; or
Quantitative analysis to differentiate alternatives for projects with higher potential MSAT effects.

38. Emerging Issues: FHWA Interim Guidance (MSATs)
Exempt Projects or Projects with No Meaningful Potential MSAT Effects.
The types of projects included in this category are:
Projects qualifying as a categorical exclusion under 23 CFR (c);
Projects exempt under the Clean Air Act conformity rule under 40 CFR (Table 2 projects); or
Other projects with no meaningful impacts on traffic volumes or vehicle mix
For projects that are categorically excluded under 23 CFR (c), or are exempt under the Clean Air Act pursuant to 40 CFR , no analysis or discussion of MSATs is necessary. Documentation sufficient to demonstrate that the project qualifies as a categorical exclusion and/or exempt project will suffice. For other projects with no or negligible traffic impacts, regardless of the class of NEPA environmental document, no MSAT analysis is required1. However, the project record should document the basis for the determination of "no meaningful potential impacts" with a brief description of the factors considered. Prototype language that could be included in the record is attached as Appendix A.
The types of projects categorically excluded under 23 CFR (d) or exempt from conformity under 40 CFR (Table 3) do not warrant an automatic exemption from an MSAT analysis, but they usually will have no meaningful impact.

39. COMING SOON: Revised ODOT Air Quality Procedures Manual
Revised ODOT Air Quality Technical Manual
After revisions completed, in-depth training for:
environmental project managers,
region environmental coordinators,
local agency staff
Training will be taught separately for each ODOT Region. Will be scheduled around Fall 2007.

40. QUESTIONS?