AGENDA NO.39
Proposal:
Amend Rule 1902 - Transportation Conformity
Synopsis:
Proposed amendments to Rule 1902 include: 1) replacing Section (f) of the rule with an approved MOU to implement interagency consultation with SCAG and other transportation agencies; and 2) incorporating final changes in the federal Transportation Conformity Rule that occurred in 1995. On March 14, 1996, a public workshop was held to receive input. Based upon public comments received the proposed changes to Rule 1902 have been finalized for Board consideration.
Committee:
Mobile Source, April 26, 1996, Recommended for Approval
Recommended Action:
1. Amend Rule 1902 - Transportation Conformity.
2. Adopt the attached Resolution.
James M. Lents, Ph.D.
Executive Officer
BW:CLW:LT:CD:GQT
Background
In September 1994, the Board adopted Rule 1902 - Transportation Conformity which codifies the federal transportation requirements in the South Coast Air Quality Management District. At the time of adoption, AQMD staff was participating in a regionwide endeavor to develop an MOU which establishes the process for interagency consultation as specified in the federal transportation conformity rule. Participating agencies included: AQMD, SCAG, ARB, EPA, Caltrans, Los Angeles County Metropolitan Transportation Authority, Orange County Transportation Authority, San Bernardino Associated Governments, Riverside County Transportation Commission, Federal Highway Administration, and the Federal Transit Administration. The adopting resolution for Rule 1902 stipulated that Subdivision (f) of the rule would be replaced with the MOU once all participating agencies had signed it. The signatures have now been obtained, with the exception of EPA which has committed to sign the MOU when it is forwarded as part of the SIP revision. AQMD is seeking approval to amend Rule 1902 and subsequently the SIP.
In addition, on August 7, 1995, EPA published amendments to the federal Transportation Conformity rule in the Federal Register. These amendments basically aligned the timing of the lapse of conformity determination as a result of state air quality plan failures with the timing of federal highway sanctions. On November 14, 1995, EPA published further amendments to the rules on transportation conformity. These further amendments allowed any transportation control measure from an approved SIP to proceed even though the conformity status of the transportation plan or program has lapsed. Rule 1902 must now be amended to reflect these changes. This letter will serve as the staff report.
Transportation Conformity
The CAA sets out specific requirements to ensure that no federal actions interfere with a regional air quality attainment demonstration. Section 176 of the CAA identifies limitations of federal assistance and defines conformity as conforming to the intent of the applicable SIP. To conform to a SIP's purpose, the action must not: cause or contribute to new violations of any pollutant standard; increase the frequency or severity of any existing violations; interfere with timely attainment or maintenance of any pollutant standard; delay emission reduction milestones; or, contradict SIP requirements.
Memorandum of Understanding
An MOU to implement the interagency consultation requirements of Rule 1902 has been developed with SCAG and other transportation agencies (Attachment A). The MOU addresses policies and procedures on interagency consultation, public involvement, and conflict resolution. The MOU outlines the roles and responsibilities of the various public agencies in the development process of the regional transportation projects and conformity analyses.
At its October 1995 Meeting, the AQMD Board approved the preliminary Transportation Conformity MOU and directed the Executive Officer to schedule a public hearing to revise Rule 1902 once all of the necessary signatures were received. SCAG was the agency responsible for obtaining signatures from participating agencies in the region. The ARB was given the task of obtaining the remaining signatures from EPA, Federal Highway Administration, and Federal Transit Administration. Signatures have been obtained from all of the participating agencies with the exception of EPA, and upon approval from the Board, the MOU will replace Subdivision (f) of Rule 1902.
Amendments to Federal Conformity Rule
On August 7, 1995, EPA published amendments in the Federal Register as a final rule. The amendments aligned the timing of certain consequences of state air quality planning failures under EPA's transportation conformity rule with the imposition of CAA highway sanctions. If an implementation plan for ozone, carbon monoxide, particulate matter or NO2 is disapproved, the existing conformity determination will remain in effect until highway sanctions for the disapproval are put into effect under CAA sanctions.
On November 14, 1995, EPA published further amendments in the Federal Register. Under the revised rule, TCMs included in approved SIPs and previous conforming transportation plans would be allowed continued implementation even if the status of the transportation plan or transportation improvement program lapsed. EPA's logic is that the TCMs are designed to improve air quality and disallowing them because of a conformity lapse would be counter-productive to the intent of the federal conformity regulations.
This amendment would extend the grace period to determine conformity to newly submitted SIPs to 18 months. The revised rule would also bring the conformity lapse period in line with the date of CAA highway sanctions for failure to submit a SIP or submission of an inadequate SIP. Under the CAA, highway sanctions would be put in place 24 months after the determination of an inadequate SIP or failure to submit a SIP. The final component of the second set of amendments requires that ozone nonattainment or maintenance areas be consistent with the NOx motor vehicle emissions budgets in control strategy SIPs and maintenance plans, regardless of any previous conformity NOx waiver. A transportation conformity SIP revision consistent with these amendments must be submitted to EPA by 12 months from November 14, 1995.
California Environmental Quality Act (CEQA) and Socioeconomic Impacts
Pursuant to CEQA, AQMD staff has reviewed the proposed amendments to Rule 1902 and has determined that they are exempt from the requirements of CEQA and therefore, do not require an environmental or socioeconomic impacts assessment. A Notice of Exemption has been prepared for the proposed amendments and will be filed with the county clerks immediately following the adoption of the amendments.
Public Comment
On March 14, 1996, a public workshop was held to receive input and begin the public comment for a 30 day period. During this timeframe, no written or verbal comments were received.
Attachments (Down Load self-extracting compressed attachment package for this letter in M.S. Office 4.2.
A. Rule Language
B. MOU
C. Rule Development Flow Chart
D. Resolution
E. Notice of Exemption from the CEQA