Air Quality Conformity

1
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.

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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.
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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

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• 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)
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• 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.
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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

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SIP Control Strategies

• Example Strategies to Reduce Motor Vehicle
  Emissions
• Vehicle Emission Standards (Oregons 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

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OREGON NONATTAINMENT AND MAINTENANCE AREAS AREA
POLLUTANT
DESIGNATION BOUNDARY Portland
METRO CO Maintenance METRO Portla
nd METRO O3
Maintenance (anti-backsliding) AQMA Salem
CO
Maintenance SKATS Salem
O3
Maintenance (anti-backsliding) SKATS Eugene-Spri
ngfield CO
Maintenance CATS Eugene-Springfield PM-10
Nonattainment
AQMA Medford CO
Maintenance UGB Medford-Ashland PM-10
Maintenance AQMA Grants
Pass CO Maintenance
CBD Grants Pass
PM-10 Maintenance
UGB Klamath Falls
CO
Maintenance UGB Klamath
Falls PM-10
Maintenance UGB Oakridge
PM-10
Non-attainment UGB La Grande
PM-10
Maintenance
UGB Lakeview PM-10
Maintenance
UGB
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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, 1993. 40 CFR Part
93 http//ecfr.gpoaccess.gov/cgi/t/text/text-idx?c
ecfrrgndiv6viewtextnode4020.0.1.1.7.1idno
40 State Conformity Rule Approved by EQC,
March, 95. OAR 340-252 http//arcweb.sos.state.or
.us/rules/OARs_300/OAR_340/340_252.html Conformit
y Rule ONLY applies to projects located in
Non-attainment and Maintenance areas
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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).
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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).
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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.

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Conformity Whos 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.

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Conformity Whos 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-lev
el conformity determinations are the
responsibility of the project sponsor. The
Conformity Rule establishes three project
categories.
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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 340-252-270 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 340-252-0280 Table 3 for
list) Regionally Significant Capacity or Flow
Enhancement projects on principal
arterials. Refer to Handouts for Tables 2 and 3.
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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.

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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.

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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

• 2008-2011 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.
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Oregon Non-attainment and Maintenance Areas

• Carbon Monoxide
• Portland Metropolitan Area (Metro), Salem/Keizer
  (SKATS), Medford (UGB), Klamath Falls (UGB)
  Eugene-Springfield (CATS regional
  AQMAhot-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).
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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 2004-2006 monitoring data).

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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

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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

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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?
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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)

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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 ODOTs Air Quality Procedures Manual for
  an example.

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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
  ODOTs Environmental website. http//www.oregon.go
  v/ODOT/HWY/GEOENVIRONMENTAL/air_noise.shtml

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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?
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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.

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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
  2006. http//www.epa.gov/otaq/stateresources/tran
  sconf/policy.htm
• 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
  340-252-0240 and 340-252-0280
• ODOT Air Quality Procedures Manual
• ODOT 2007 Statewide Air Quality Report

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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.
• EPAs 6 priority MSATs
• Benzene
• Formaldehyde
• Acetaldehyde
• Diesel particulate/diesel exhaust
• Acrolien
• 1,3-butadiene

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Emerging Issues

• Mobile Source Air Toxics (MSATs)
• ODOT has adopted FHWAs 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.
  http//www.fhwa.dot.gov/environment/airtoxic/02030
  6guidmem.htm
• 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.
  http//www.oregon.gov/ODOT/HWY/GEOENVIRONMENTAL/Sc
  opes_of_Work.shtmlAir

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MSAT Analysis

• In FHWAs 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.
• http//www.fhwa.dot.gov/environment/airtoxic/02030
  6guidmem.htm

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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 771.117(c)
• Projects exempt under the Clean Air Act
  conformity rule under 40 CFR 93.126 (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 771.117(c), or are exempt under the
  Clean Air Act pursuant to 40 CFR 93.126, 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 771.117(d) or exempt from conformity
  under 40 CFR 93.127 (Table 3) do not warrant an
  automatic exemption from an MSAT analysis, but
  they usually will have no meaningful impact.

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• 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.

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QUESTIONS?