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2015 FTIP/FSTIP Workshop Transportation Conformity

2015 FTIP/FSTIP Workshop Transportation Conformity. Wade Hobbs FHWA CADO January 15, 2014. TRANSPORTATION CONFORMITY. What is Transportation Conformity?

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2015 FTIP/FSTIP Workshop Transportation Conformity

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  1. 2015 FTIP/FSTIP WorkshopTransportation Conformity Wade Hobbs FHWA CADO January 15, 2014

  2. TRANSPORTATION CONFORMITY What is Transportation Conformity? Transportation conformity is a Clean Air Act (42 U.S.C. 7506(c)) requirement that ensures that Federal funding & approval are given to transportation plans, programs and projects that are consistent with the air quality goals established by a State Implementation Plan (SIP). Conformity, to the purpose of the SIP, means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS. Conformity applies to transportation plans, transportation improvement programs (TIPs), and projects funded or approved by the FHWA or the FTA in areas that do not meet (or previously have not met) air quality standards for ozone, carbon monoxide, particulate matter, or nitrogen dioxide. These areas are known as "nonattainment areas" or "maintenance areas," respectively.

  3. TRANSPORTATION CONFORMITY U.S. EPA Transportation Air Quality Conformity Regulations http://www.epa.gov/otaq/stateresources/transconf/regs/420b12013.pdf This EPA document reflects all transportation conformity rulemakings promulgated by EPA as of April 13, 2012, including the Restructuring Amendments final rule and the MOVES Regional Grace Period Extension final rule. Code of Federal Regulations Title 40, Code of Federal Regulations (CFR), Protection of Environment Regulations governing transportation conformity are found in Title 40 of the Code of Federal Regulations (40 CFR Parts 51 and 93). The transportation conformity rule sets forth policy, criteria, and procedures for demonstrating and assuring conformity of transportation activities.

  4. TRANSPORTATION CONFORMITY Conformity Determination Required for FTIP/FSTIP Updates Updatemeans making current a long-range statewide transportation plan, metropolitan transportation plan, TIP, or STIP through a comprehensive review. Updates require public review and comment, a 20-year horizon year for metropolitan transportation plans and long-range statewide transportation plans, a four-year program period for TIPs and STIPs, demonstration of fiscal constraint (except for long-range statewide transportation plans), and a conformity determination (for metropolitan transportation plans and TIPs in nonattainment and maintenance areas). (23 CFR §450.104) The FTIP expires when the FHWA/FTA approval of the FSTIP expires. (23 CFR §450.324)

  5. TRANSPORTATION CONFORMITY MPO/FHWA/FTA Conformity Determination for FTIP In nonattainment and maintenance areas, the MPO, as well as the FHWA and the FTA, shall determine conformity of any updated or amended TIP, in accordance with 40 CFR part 93. After the FHWA and the FTA issue a conformity determination on the TIP, the TIP shall be incorporated, without change, into the STIP, directly or by reference.(23 CFR §§450.216; 450.324; 450.326; and 450.328).

  6. TRANSPORTATION CONFORMITY Transportation Control Measures (TCMs) in the SIP In Nonattainment and Maintenance Areas: • The FTIP must identify those projects identified as TCMs in the approved SIP.(23 CFR 450.324) • The FTIP shall give priority to eligible TCMs identified in the approved SIP in accordance with the EPA transportation conformity regulation (40 CFR part 93) and shall provide for their timely implementation. (23 CFR §450.324) • The FTIP should describe the progress in implementing any required TCMs (as a management tool for monitoring progress in implementing the transportation plan).(23 CFR §450.324)

  7. TRANSPORTATION CONFORMITY Financial Planning and Fiscal Constraint The FTIP shall include a financial plan that addresses the specific financial strategies required to ensure the implementation of TCMs in the applicable SIP. (23 CFR 450.322) Committed and Available Funds: In nonattainment/maintenance areas, projects included in the first two years of the FTIP shall be limited to those for which funds are available or committed. (23 CFR 450.324)

  8. TRANSPORTATION CONFORMITY Grouped Projects in Nonattainment and Maintenance Areas Projects that are not considered to be of appropriate scale for individual identification in a given program year may be grouped by function, work type, and/or geographic area using the applicable classifications under 23 CFR 771.117(c) and (d) and/or 40 CFR part 93. In nonattainment and maintenance areas, project classifications must be consistent with the “exempt project” classifications contained in the EPA's transportation conformity regulation (40 CFR part 93). (23 CFR §450.216) Disposition of FTIP Comments When significant written and oral comments are received on the draft metropolitan transportation plan and TIP (including the financial plans) as a result of the participation process in this section or the interagency consultation process required under the EPA transportation conformity regulations (40 CFR part 93), a summary, analysis, and report on the disposition of comments shall be made as part of the final metropolitan transportation plan and TIP. (23 CFR §450.316)

  9. TRANSPORTATION CONFORMITY ‘Regionally Significant’ Projects in the FTIP For public information and conformity purposes, the TIP shall include all regionally significant projects proposed to be funded with Federal funds other than those administered by the FHWA or the FTA, as well as all regionally significant projects to be funded with non-Federal funds. (23 CFR §§ 450.216 and 450.324) Project Design Concept and Scope Details In nonattainment and maintenance areas, included projects shall be specified in sufficient detail (design concept and scope) for air quality analysis in accordance with the EPA transportation conformity regulation (40 CFR part 93); (23 CFR §450.324) Grouped Project Listings Projects that are not considered to be of appropriate scale for individual identification in a given program year may be grouped by function, work type, and/or geographic area using the applicable classifications under 23 CFR 771.117(c) and (d) and/or 40 CFR part 93. In nonattainment and maintenance areas, project classifications must be consistent with the “exempt project” classifications contained in the EPA transportation conformity regulation(40 CFR part 93). (23 CFR §450.324)

  10. TRANSPORTATION CONFORMITY Conformity lapsemeans, pursuant to section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)), as amended, that the conformity determination for a metropolitan transportation plan or TIP has expired and thus there is no currently conforming metropolitan transportation plan or TIP. (23 CFR §450.104)

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