ODOT PresentationODOT Presentation

Air Quality Requirements Air Quality Requirements for Transportation Projectsfor Transportation Projects

Environmental PlanningEnvironmental Planning

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.

Air Quality &Transportation ProjectsAir Quality &Transportation Projects

Air Quality must be addressed for transportation projects in order to satisfy:

• National Environmental Policy Act (NEPA)

• Clean Air Act (CAA)• Transportation Conformity Rule

Air Quality & TransportationAir 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.

Air Quality & TransportationAir Quality & Transportation

NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS)

Air Pollution TransportationAir Pollution Transportation

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.

NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS)

Air Pollution TransportationAir Pollution Transportation

Seven Criteria Pollutants used by EPA and defined in the Clean Air Act (CAA):

1. Carbon Monoxide (CO)

2. Ozone (O3)

3. Particulate Matter 10 um and less

4. Particulate Matter 2.5 um and less

5. Lead (Pb)

6. Sulfur dioxide (SO2)

7. Nitrogen Oxides NOx

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)

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.

What is included in a SIP?

1. Air Monitoring

2. 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)

3. Modeling (capacity of pollutants the air shed can receive without violating the NAAQS)

4. Control Strategies (measures to reduce or control emissions such as mobile source emission budgets)

5. Attainment Demonstration

SIP Control Strategies

Example Strategies to Reduce Motor Vehicle Emissions:

1. Vehicle Emission Standards (Oregon’s adoption of California LEV standards for new automobiles)

2. Vehicle Fuel Standards (e.g. low sulfur diesel fuel)

3. Inspection and Maintenance Programs (Portland and Medford areas)

4. Transportation Control Measures (TCMs): [CAA SS 108(f)(1)(A):16 types]

• Public transit

• Rideshare

• Bike/Ped

• High Occupancy Vehicle (HOV) lanes

5. Onroad Mobile Source Budget (tons/day)

6. Others

OREGON

NONATTAINMENT AND MAINTENANCE AREAS

AREA POLLUTANT DESIGNATION BOUNDARY

Portland METRO CO Maintenance METRO

Portland METRO O3 Maintenance (anti-backsliding) AQMA

Salem CO Maintenance SKATS

Salem O3 Maintenance (anti-backsliding) SKATS

Eugene-Springfield CO Maintenance CATSEugene-Springfield PM-10 Nonattainment AQMA

Medford CO Maintenance UGBMedford-Ashland PM-10 Maintenance AQMA

Grants Pass CO Maintenance CBDGrants Pass PM-10 Maintenance UGB

Klamath Falls CO Maintenance UGBKlamath Falls PM-10 Maintenance UGB

Oakridge PM-10 Non-attainment UGBLa Grande PM-10 Maintenance UGBLakeview PM-10 Maintenance UGB

Air Quality ConformityAir 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=ecfr&rgn=div6&view=text&node=40:20.0.1.1.7.1&idno=40

State Conformity Rule Approved by EQC, March, ‘95.

OAR 340-252http://arcweb.sos.state.or.us/rules/OARs_300/OAR_340/340_252.html

Conformity Rule ONLY applies to projects located in Non-attainment and Maintenance areas

Transportation Conformity Rule

requirements are intended to

integrate air quality with

transportation planning.

Conformity TransportationConformity Transportation Planning Planning

Conformity is established by demonstrating that transportation plans, programs and projects are consistent with the approved State Air Quality Implementation Plan (SIP).

Transportation Plans (RTP), Programs

(TIP) and Projects in air quality non-

attainment or maintenance areas must

demonstrate conformity.

Conformity DemonstrationConformity Demonstration

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).

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.

Conformity General CriteriaConformity 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.

State Implementation Plan/ConformityOregon Environmental Quality Commission with

technical support from DEQ.

Conformity Who’s ResponsibleConformity Who’s Responsible

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.

Conformity Who’s ResponsibleConformity Who’s ResponsibleConformity of Plans and ProgramsRural 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 ProjectsProject-level conformity determinations are the responsibility of the project sponsor. The Conformity Rule establishes three project categories.

Exempt ProjectsSafety, 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)

Conformity Project CategoriesConformity Project Categories

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 SignificantCapacity or Flow Enhancement projects on principal arterials.

Refer to Handouts for Tables 2 and 3.

Regional Conformity Determination• Transportation Model for Non-attainment or

Maintenance area.

• List of regionally significant projects; State and Local.

• Air pollutant emission rates.

Conformity Data & InformationConformity Data & Information

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.

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.

Conformity Who Approves?Conformity Who Approves?

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.

RTP/TIP ConformityFederal actions to support, approve or provide financial assistance are prohibited for transportation activities that do not meet conformity requirements.

Conformity Failure to ApproveConformity Failure to Approve

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 ConformityFailure to achieve a conformity on a specific project will only

affect that project

2008-2011 STIP DevelopmentLocal 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.

Conformity Steps in AnalysisConformity Steps in Analysis

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.

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.

Conformity Steps in AnalysisConformity Steps in Analysis

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.

Carbon MonoxidePortland Metropolitan Area (Metro), Salem/Keizer (SKATS), Medford (UGB), Klamath Falls (UGB) Eugene-Springfield (CATS: regional; AQMA:hot-spot) and Grants Pass (CBD).

Oregon Non-attainment and Oregon Non-attainment and Maintenance AreasMaintenance Areas

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).

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).

Conformity Trouble Spots!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

Review the environmental project prospectus (part 3):

Refer to Handouts

Project Level ProcessProject Level ProcessHow do I know if air quality needs to

be addressed on a particular project?

• 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

Project Level ProcessProject Level ProcessEnvironmental project prospectus

(part 3) Air Quality section includes:

Project Level Conformity: COProject 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?

Get signalized intersection LOS information for:• No Build and Build Alternatives

• Year of Project Completion and Design Year (typically 20 years)

Project Level Conformity: COProject Level Conformity: COObtain Traffic Data Level of Service

(LOS) information for signalized intersections affected by the project.

Project Level Conformity: COProject Level Conformity: COIf 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 ODOT’s Air Quality Procedures Manual for an example.

Project Level Conformity: COProject Level Conformity: COIf 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 ODOT’s Environmental website. http://www.oregon.gov/ODOT/HWY/GEOENVIRONMENTAL/air_noise.shtml

Project Level Conformity: PM-10Project 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?

Project Level Conformity: PM-10Project 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.

Project Level Conformity: PM-10Project Level Conformity: PM-10PM-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/transconf/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

Emerging Issues: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.

• EPA’s 6 priority MSATs:• Benzene

• Formaldehyde

• Acetaldehyde

• Diesel particulate/diesel exhaust

• Acrolien

• 1,3-butadiene

Emerging Issues:Emerging Issues: Mobile Source Air Toxics (MSATs)• ODOT has adopted FHWA’s 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/020306guidmem.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/Scopes_of_Work.shtml#Air

MSAT AnalysisMSAT Analysis In FHWA’s 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/020306guidmem.htm

Emerging Issues: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.

1. 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.

COMING SOON:COMING SOON:

• Revised ODOT Air Quality Procedures ManualRevised ODOT Air Quality Procedures Manual• Revised ODOT Air Quality Technical ManualRevised ODOT Air Quality Technical Manual

• After revisions completed, in-depth training for:After revisions completed, in-depth training for:• environmental project managers, environmental project managers, • region environmental coordinators,region environmental coordinators,• local agency stafflocal agency staff

Training will be taught separately for each ODOT Training will be taught separately for each ODOT Region. Will be scheduled around Fall 2007.Region. Will be scheduled around Fall 2007.

QUESTIONS?QUESTIONS?