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SAFETEA-LU Changes to the Transportation Conformity Rule

SAFETEA-LU Changes to the Transportation Conformity Rule. February 21, 2008. Overview . Background on transportation conformity SAFETEA-LU’s changes to Clean Air Act transportation conformity provisions EPA’s final rule of January 24, 2008. Background: Conformity.

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SAFETEA-LU Changes to the Transportation Conformity Rule

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  1. SAFETEA-LU Changes to the Transportation Conformity Rule February 21, 2008

  2. Overview • Background on transportation conformity • SAFETEA-LU’s changes to Clean Air Act transportation conformity provisions • EPA’s final rule of January 24, 2008

  3. Background: Conformity • Clean Air Act section 176(c) requires federally funded or approved transportation plans, programs, and projects to not: • 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)

  4. What is subject to transportation conformity? • Transportation plan: 20-year timeframe • Transportation improvement programs (TIPs): 4-year timeframe now • “Federal” projects: those which • 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

  5. Background: SAFETEA-LU and Conformity • 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

  6. Frequency • 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 • Not a CAA change, but a transportation planning change • Frequency of plans, TIPs, and conformity aligned

  7. Deadline for Conformity When New Budget Established • SAFETEA-LU amended CAA to give 2 years to make a conformity determination when a new state air quality plan (SIP) budget is established • Previously, conformity rule gave 18 months • EPA’s final rule: same as above

  8. Conformity Lapse Grace Period • SAFETEA-LU amended CAA by: • Establishing a 12-month lapse grace period that applies when a required conformity deadline is missed • EPA’s final rule: • 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

  9. Shortening Timeframe of Conformity Determination • 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: • 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.

  10. Conformity SIPs • 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: • 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

  11. TCM Substitutions and Additions • 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)

  12. For more information: • 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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