Transportation Conformity Overview H-GAC Conformity Workshop May 30, 2007

What is transportation conformity? Air Quality PlanningTransportation Planning Transportation Conformity

Who Makes the Conformity Determination? MPO’s Policy Board (Local level) FHWA and FTA (Federal level)

What are the basic conformity requirements? MTP/TIP Content Latest Planning Assumptions Latest Emissions Model Consultation Timely Implementation of Transportation Control Measures (TCMs) Consistency with Motor Vehicle Emissions Budgets (MVEBs, or “Budgets”)

What are the basic conformity requirements? MTP/TIP Content Latest Planning Assumptions Latest Emissions Model Consultation Timely Implementation of Transportation Control Measures (TCMs) Consistency with Motor Vehicle Emissions Budgets (MVEBs, or “Budgets”)

MTP Content Describe transportation facilities in enough detail to permit conformity determination Describe highway and transit system in terms of regionally significant additions or modifications to transportation network by analysis year Fiscally constrained

TIP Content Include all projects selected by the MPO to be initiated in the TIP time frame (4-years) Projects described in enough detail to determine fiscal constraint Must be fiscally constrained

What are the basic conformity requirements? MTP/TIP Content Latest Planning Assumptions Latest Emissions Model Consultation Timely Implementation of Transportation Control Measures (TCMs) Consistency with Motor Vehicle Emissions Budgets (MVEBs, or “Budgets”)

Latest Planning Assumptions Conformity Determinations must be based on latest planning assumptions: Population estimates Employment Travel Congestion Transit fares, service levels and ridership TCM effectiveness

What are the basic conformity requirements? MTP/TIP Content Latest Planning Assumptions Latest Emissions Model Consultation Timely Implementation of Transportation Control Measures (TCMs) Consistency with Motor Vehicle Emissions Budgets (MVEBs, or “Budgets”)

Latest Emissions Model Must use latest emissions model in conformity determinations EPA’s MOBILE6.2 emissions factor model EPA updates model every few years SIP budgets may have been developed with a previous emissions model

MOBILE6 Emissions Factor Model Fuels and Programs Inspection and Maintenance program Fuel program Sulfur content of gasoline Fuel Reid Vapor Pressure Vehicle Fleet Distribution of vehicle age Percent diesel Annual mileage accumulation rates Vehicle Activity % of total VMT by vehicle type % of VMT on each facility type VMT by hour VMT by average speed Vehicle starts per day Vehicle start distribution (by hour) Vehicle “soak” data Trip length distribution External Conditions Calendar Year Month Temperatures Humidity Grams/mile

Emissions Factor Model Grams/mile VMT X = From emissions factor model From travel demand model Grams/Day Where it fits:

What are the basic conformity requirements? MTP/TIP Content Latest Planning Assumptions Latest Emissions Model Consultation Timely Implementation of Transportation Control Measures (TCMs) Consistency with Motor Vehicle Emissions Budgets (MVEBs, or “Budgets”)

Consultation Follow interagency consultation procedures Spelled out in the State’s Conformity SIP Interagency Consultation FHWA TCEQ FTA MPO EPA Local Transit TxDOT

Consultation Follow Public Involvement procedures HGAC’s Transportation Public Involvement Plan available on their website

What are the basic conformity requirements? MTP/TIP Content Latest Planning Assumptions Latest Emissions Model Consultation Timely Implementation of Transportation Control Measures (TCMs) Consistency with Motor Vehicle Emissions Budgets (MVEBs, or “Budgets”)

TCMs TCMs are actions included in the SIP to adjust traffic patterns or reduce vehicle use to reduce air pollutant emissions. Examples: HOV lanes Bicycle facilities Park & Ride lots Traffic Flow Improvements (grade separations, signal timing)

Timely Implementation of TCMs The transportation plan (MTP) provides for timely implementation of TCMs in the applicable SIP Nothing in the MTP or TIP interferes with implementation of a TCM TCMs are on or ahead of schedule. If behind schedule, TCMs given maximum priority over other projects.

What are the basic conformity requirements? MTP/TIP Content Latest Planning Assumptions Latest Emissions Model Consultation Timely Implementation of Transportation Control Measures (TCMs) Consistency with Motor Vehicle Emissions Budgets (MVEBs, or “Budgets”)

Budget Test Projected roadway and transit emissions must be less than the MVEBs established in the SIP Pass budget test for each “analysis year” Any year that has a budget (e.g. 2007) 8-hour Attainment Year (e.g. 2010) Last year of MTP forecast period (e.g.2035) Interim year so no more than 10 yrs apart (e.g. 2015, 2025)

Budget Test Example from NCTCOG’s Draft Mobility 2025 Conformity Determination, April 2005

What if there isn’t a budget? Interim emissions test Interim test varies based on nonattainment classification

When is Conformity Required? At least every 4 years With MTP or TIP updates When change to a regionally significant project After change in SIP budgets After new emissions standards Most recently new 8-hour ozone and PM2.5 standards

MTP or TIP Project Changes Trigger conformity if: Estimated project completion date crosses analysis years Change in project scope Number of lanes Project limits Toll vs. no toll

When is Conformity Required? Within 24 months of: Date of State’s initial SIP submittal containing motor vehicle emission budget EPA adequacy determination of SIP EPA approval of SIP revisions which establish or revise motor vehicle emission budget EPA promulgates a Federal Implementation Plan (FIP)

Project Level Conformity Project must come from conforming plan and TIP Design concept and scope have not changed significantly from what was described in transportation plan/TIP or in a manner which would significantly impact use of the facility For projects not specifically required to be identified in transportation plan, project is consistent with policies and purpose of transportation plan and will not interfere with other projects

Project Level Conformity Project must come from conforming plan and TIP Projects can’t receive final environmental clearance if they aren’t consistent with the conforming plan and TIP

Conformity Consequences Conformity Lapse Conformity Freeze

Conformity Lapse Caused by: Not meeting 4 yr time frame for Plan/TIP update Not meeting any of the 24 month triggers SIP Disapproval consequences Severely limits project actions that may be taken Project Authorizations for non-exempt projects Environmental document actions for non- exempt projects

During a Lapse- What Projects Can Proceed? TCMs in approved SIPs Exempt projects identified in 40 CFR § and 127 Federally funded previously conforming projects authorized prior to the lapse: Includes preliminary engineering, right-of-way acquisition and construction Full Funding Grant Agreements (FFGA) - FTA Projects Regionally significant non-federal projects that were approved prior to the lapse

SIP Disapproval If EPA disapproves Control Strategy SIP WITH a “protective finding” Disapproved SIP emission budget can be used for conformity if found “adequate” Highway sanctions/Conformity Lapse occur 24 months later

Conformity Freeze Applied when EPA disapproves Control Strategy SIP w/o a protective finding Begins on effective date of disapproval Only projects in first 3 yrs of TIP can move forward If no SIP resubmitted and approved in 2 yrs, highway sanctions/conformity lapse occurs