Transportation Conformity Overview

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

2. What is transportation conformity? Air Quality Planning Transportation Planning Transportation Conformity

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

4. 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”)

5. 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”)

6. 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

7. 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

8. 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”)

9. 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

10. 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”)

11. 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

12. MOBILE6 Emissions Factor Model Vehicle Fleet Distribution of vehicle age Percent diesel Annual mileage accumulation rates Fuels and Programs Inspection and Maintenance program Fuel program Sulfur content of gasoline Fuel Reid Vapor Pressure Grams/mile 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

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

14. 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”)

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

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

17. 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”)

18. 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)

19. 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.

20. 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”)

21. 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)

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

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

24. 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

25. 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

26. 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)

27. 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

28. 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

29. Conformity Consequences • Conformity Lapse • Conformity Freeze

30. 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

31. During a Lapse-What Projects Can Proceed? • TCMs in approved SIPs • Exempt projects identified in 40 CFR §93.126 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

32. 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

33. 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

34. Questions?