BOARD MEETING DATE: July 13, 2007
AGENDA NO. 27

PROPOSAL:

Consider SCAG's Goods Movement Control Measures and Adopt 2007 Final Air Quality Management Plan Transportation Conformity Budgets

SYNOPSIS:

At its June 1, 2007 meeting, the Board approved the 2007 Final Air Quality Management Plan (AQMP) Adoption Resolution and established a 30-day public hearing notice for consideration of SCAG's Goods Movement Control Measures and adoption of the Transportation Conformity Budgets. SCAG previously requested incorporation of High Speed Transport System and Truck-Only Lanes for emission reduction purposes. However, those measures are undergoing further analysis within SCAG and SCAG is not requesting emission reduction for those measures at this time.

COMMITTEE:

Mobile Source and Stationary Source, May 25, 2007, Reviewed

RECOMMENDED ACTION:

1. Adopt 2007 Final Air Quality Management Plan Transportation Conformity Budgets in accordance with the attached Resolution.
2. Direct the Executive Officer to forward the adopted 2007 Air Quality Management Plan Transportation Conformity Budgets to CARB for its approval and subsequent submittal to the U.S. EPA.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The Final 2007 AQMP sets forth the strategy for achieving the federal 8-hour ozone, PM2.5, and maintaining the federal CO and NO₂ standards. For on-road mobile sources, Section 176(c) of the CAA requires that transportation plans and programs do not cause or contribute to any new violation of a standard, increase the frequency or severity of any existing violation, or delay the timely attainment of the air quality standards. Therefore, on-road mobile sources must "conform" to the attainment demonstration contained in the SIP.

U.S. EPA's transportation conformity rule, found in 40 CFR parts 51 and 93, details the requirements for establishing motor vehicle emissions budgets in SIPs for the purpose of ensuring the conformity of transportation plans and programs with the SIP attainment demonstration. The on-road motor vehicle emissions budgets act as a "ceiling" for future on-road mobile source emissions. Exceedances of the budget indicate an inconsistency with the SIP, and could jeopardize the flow of federal funds for transportation improvements in the region.

At its June 1, 2007 meeting, the AQMD Governing Board adopted the 2007 Final AQMP and directed the staff to release a 30-day notice to adopt the latest transportation conformity budgets and grant additional time to consider SCAG’s two Goods Movement Control Measures (High Speed Transport System and Truck-Only Lanes) as part of the attainment strategy.

Public Process

On June 11, 2007, the AQMD released a 30-day public notice in major newspapers for a public hearing to consider the two SCAG Control Measures and adopt the Transportation Conformity Emission Budgets. The budgets were also posted for public review on the AQMD’s Web page on June 11, 2007. On June 13, 2007, the AQMD presented the budgets to the AQMP Advisory Committee.

Proposal

The Resolution to the Final 2007 AQMP directed staff to establish a 30-day public hearing notice to further consider SCAG’s Goods Movement Control Measures and for adoption of the Transportation Conformity Budgets, in order to allow more time for consultation between SCAG and its members to evaluate the Goods Movement Control Measures.

Recently, SCAG has notified the AQMD that they need additional time for their consultation process to be completed, and as a result cannot commit to the emission reductions associated with the measures. Therefore, SCAG has requested that the Goods Movement Control Measures be removed from consideration at the July 13, 2007 Public Hearing. As a result, based on the adoption resolution by the Governing Board on June 1, 2007, in the absence of SCAG’s two measures, CARB will take on the primary responsibility to achieve the additional 22 tons per day of NOx by 2014. AQMD staff is recommending that the Board establish conformity budgets based on additional mobile source control measures to be adopted by CARB.

Public Comments

The AQMD has received two written letters commenting on the two SCAG Goods Movement Control Measures. Comments focused on the late public release of these control measures, lack of sufficient detail concerning emission reduction assumptions, and the short time-frame for measure implementation. SCAG considered these comments during its consultation process with transportation stakeholders and others, and concluded to exclude the two control measures from the 2007 AQMP.

Key Policy Issues

As described earlier, in the absence of SCAG’s two Goods Movement Control Measures, the adoption resolution on June 1, 2007 requests CARB to increase their commitment by another 22 tons per day of NOx to a total of 63 tons per day beyond their state strategy.

At CARB’s June 22, 2007 public hearing, CARB staff proposed to add 14 tons per day of NOx reductions to the state strategy, leaving a gap of 49 tons per day of NOx reductions. At the conclusion of the CARB hearing, the CARB Board delayed the adoption of the state strategy and directed staff to work with the AQMD staff to address our needs. AQMD staff will work with CARB staff in the months ahead to further close the emission reduction gap to ensure timely attainment of both the federal PM2.5 and 8-hour ozone standards.

CEQA

The Final Program Environmental Impact Report (PEIR) was certified as part of the June 1, 2007 Public Hearing. CEQA staff has evaluated the two SCAG Goods Movement Control Measures and Transportation Conformity Emission Budgets and has concluded they are within the scope of the Final PEIR. Further, the two SCAG Goods Movement Control Measures and the Transportation Conformity Budgets do not create new significant adverse impacts or make substantially worse existing significant impacts. As a result, recirculation of the 2007 AQMP PEIR pursuant to CEQA Guidelines §15088.5 is not required.

Socioeconomic Analysis

The budgets reflect the strategies approved by the Governing Board at its June 1, 2007 Public Hearing. As a result no additional cost impacts result from adopting the transportation conformity budgets.

Attachments (DOC 141kb)
1.  Resolution
2.  Transportation Conformity Budgets