10/1/1994
Conformity
by Sarah Siwek
ISTEA Planners's Workbook
During the deliberations on the Clean Air Act Amendments
of 1990 (CAAA), Senator Baucus of Montana spoke of the need for
transportation plans and programs to be linked to pollution control
strategies in our metropolitan areas. His statements capture the
sense of the Congress at that time and help to explain the context
in which the transportation conformity requirements were adopted
into the CAAA and followed by a strictly constructed rule encompassing
their implementation. Senator Baucus said,
"Traditionally, regional transportation plans
have been developed to handle expected vehicle volumes without
regard to the limit on how many vehicle emission sources can be
accommodated in an urban airshed and still meet air quality standards.
This legislation makes clear that it is time to develop transportation
plans and programs that also serve as part of the pollution control
strategy for the metropolitan area (Baucus, 10/27/90, §16969-76)."
Health Effects of Air Pollution:
while considerable debate exists over the precise relationships
between human health and vehicular emissions, research indicates
that health impacts can be significant and that large portions
of the population may be, in certain circumstances, at risk due
to high pollution levels. Due to research results in some of the
nation's worst air pollution areas and elsewhere, the changes
in the transportation provisions of the CAAA of 1990 over earlier
Clean Air Acts were prompted in part by the fact that increasing
numbers of people in the United States were living in areas designated
as non-attainment for one or more pollutants for which National
Ambient Air Quality Standards (NAAQS) had been previously set
(criteria pollutants) and the continuing concern about the health
effects of air pollutants on people.
While earlier efforts to improve air quality in non-attainment
areas throughout the country resulted in significant improvements,
a combination of factors was still preventing these areas from
early attainment of the NAAQS. EPA estimates that 140 million
Americans lived in over 100 designated ozone non-attainment areas
based on 1987-89 data. By 1991 this situation had significantly
improved. However, in 1991 EPA estimated that 86.4 million people
still resided in non-attainment areas for any NAAQS. (EPA National
Air Quality and Emissions Trends Report). Attachment A
is a listing of non-attainment areas and their classifications
of non-attainment as of August, 1994.
Six criteria pollutants addressed in the CAAA of
1990 are related to transportation sources: ground level ozone
(SMOG precursors such as volatile organic compounds (VOCs) and
oxides of nitrogen (NOx), carbon monoxide, particulate matter
less than 10 microns (PM-10) , nitrogen dioxide, sulfur dioxide,
and lead. Air pollution is a very complex phenomenon and each
pollutant plays a different role in the overall air quality problems
in non-attainment areas. In addition, weather, geography, types
of industry, age of vehicle fleet, actual travel behaviors and
other factors all come into play in creating air pollution. Further,
strategies to reduce emissions of one pollutant type can result
in increased levels of another pollutant. Attachment B
contains a brief summary of the potential health effects of each
of the six criteria pollutants.
Transportation Conformity as a Pollution Control
Strategy: the transportation conformity requirements are based
on the statutory language included in the CAAA 1990. Section 176
of the CAAA entitled: LIMITATIONS ON FEDERAL ASSISTANCE states
that:
"no department, agency, or instrumentality of
the Federal Government shall engage in, support in any way or
provide financial assistance for, license or permit, or approve,
any activity which does not conform to a(n) (state) implementation
plan after it has been approved or promulgated under Section 110.
The assurance of conformity to such an implementation plan shall
be an affirmative responsibility of the head of such department,
agency, or instrumentality."
Simply put, conformity to the State Implementation
Plan (SIP) for air quality attainment means that the transportation
plans and programs for the non-attainment region will not:
- cause any new violations of National Ambient
Air Quality Standards (NAAQS),
- cause any worsening of existing violations, and
- delay the region's effort to attain NAAQS in
a timely manner.
In addition, in order to meet the conformity criteria,
transportation plans and programs must provide funding for transportation
control measures which are included in the SIP, must demonstrate
that the "build" scenario (implementation of the Plan
and TIP) provides more emissions reduction than the "no-build"
scenario (do not implement the Plan and TIP) until emissions budgets
are approved, and must demonstrate adherence to the emissions
budget in the 15% VOC reduction period from 1990 to 1996 and to
attainment demonstration budgets thereafter.
Where Does the Conformity Regulation
Apply:
transportation conformity provisions apply to all designated non-attainment
areas. There are different classifications of non-attainment areas,
by pollutant type. See the attached list for a complete listing
as of July, 1994. In addition, conformity regulations apply to
maintenance areas which are areas redesignated to attainment based
on progress made to achieve the NAAQS. EPA is considering the
implementation of modified conformity provisions to cover some
at-risk attainment areas, however, that will be the subject of
a new rulemaking which has not yet been initiated.
What do Conformity Requirements Mean to the Transportation
Community: conformity is clearly a check
on transportation investments by forcing air quality analysis
of impacts of investments on urban areas. It has been said that
the conformity provisions of the CAAA act as the "enforcer"
to keep state and local transportation planning consistent with
state and local air quality planning. The final transportation
conformity regulation was promulgated in November, 1993 after
nearly two years of negotiation and collaboration between U.S.
EPA, DOT, State and local air agencies, State DOTs, MPOs, transit
agencies and other interested parties. This is the first year
and the first round of conformity determinations under the new
rule, and the complexity of the rule as well as the relationships
between transportation investments and air quality are just beginning
to be broadly understood.
What are Emissions Budgets:
emissions budgets are the total of all emissions from all sources
(stationary, area, and mobile including reformulated gasoline,
enhanced inspection and maintenance programs and transportation
plans and programs) which the non-attainment area cannot exceed
in order to demonstrate attainment of the NAAQS in accordance
with federally prescribed time frames which must be incorporated
into their SIP. In effect, budgets are a quantification of the
"carrying capacity" of the region for each pollutant
type and is reduced gradually over time as the area nears attainment.
After an area attains the NAAQS, it cannot exceed this cap on
emissions and thus must identify ways to offset emissions increases
due to new population growth and jobs.
Therefore, it is very important for both air quality
and transportation professionals to be involved in how the State
proposes to divide up the budget between all types of pollutant
sources and to take part in the process of budget development.
It is essential that the portions of the budget assigned to each
type of source represent a level of emission reductions that a
major industry source, a small business, or the transportation
community, as examples, can deliver through the implementation
of reduction strategies. The budget, as it relates to transportation,
is a ceiling on emissions from transportation plan and TIP activities.
What Actions of Transportation Agencies are Subject
to the Conformity Provisions:
- Approvals of Transportation Plans, required under
ISTEA provisions, now must include assumptions for growth, employment,
land use and VMT growth for a 20-Year timeframe and are subject
to the conformity criteria to ensure consistency with the SIP.
See Attachment C for detailed criteria.
- Transportation Improvement Plans (TIPs) which
cover a three to five year timeframe are also subject to the conformity
requirements.
- All Federal projects, defined as those which
receive ISTEA funding or those which require U. S. Department
of Transportation approvals in order to proceed, are all subject
to the full range of conformity requirements. This includes projects
without any federal funding which require U. S. Department of
Transportation approvals to proceed.
- Transportation plans and TIPs must be fiscally
constrained consistent with U.S. DOTs metropolitan planning regulations
at 23 CFR part 450 in order to be found in conformity.
- Regionally significant projects, regardless of
funding source, are partially affected by the conformity requirements
as well.
"Regionally significant projects means a transportation
project (other than an exempt project) that is on a facility which
serves regional transportation needs (such as access to and from
the area outside of the region, major activity centers in the
region, major planned developments such as new retail malls, sports
complexes, etc., or transportation terminals as well as most terminals
themselves) and would normally be included in the modeling of
a metropolitan area's transportation network, including at a minimum
all principal arterial highways and all fixed guideway transit
facilities that offer an alternative to regional highway travel."
(40 CFR Parts 51 and 93, 11/24/93)
Who is Responsible for Conformity
Determinations:
the MPO is responsible for making the conformity determination
in each non-attainment area. Ultimately, The U.S. Department of
Transportation is responsible for making an affirmative finding
on each MPO's finding and has delegated this to the Federal Highway
Administration and the Federal Transit Administration . These
agencies collaborate on reviewing the conformity findings and
make the final determination to accept or reject the MPO's determination.
This is done in consultation with the Environmental Protection
Agency.
State Departments of Transportation must also play
a role in the conformity process, specifically for projects which
are outside the MPO boundaries. State air agencies have a key
role too, as they, in consultation with MPOs, state DOTs, and
where they exist, local air agencies, must agree upon the SIP
budgets under which the transportation sources must operate.
How do We Know the Plans Will Work?
Model, Model, Who's Got the Model: the conformity requirements
are very specific with respect to analytical requirements which
must be addressed to demonstrate attainment. While a great deal
of work to improve transportation and air quality models is underway,
prior to the adoption of the CAAA and ISTEA, many years had passed
since significant improvements to models had been accomplished.
Further, the evolution of expectations and requirements tied to
modeling capabilities has simply not been matched by the availability
of modeling tools and techniques to practitioners. Nevertheless,
the requirements exist and MPOs, transit agencies, air agencies,
and State DOTs need to be cognizant of their existing capabilities
while advocating the funding of necessary modeling improvements
to their policy boards. Demonstrating to public officials why
modeling improvements are a good investment may, in and of itself,
be a challenge in times of constrained resources.
- Examples of modeling shortcomings include:
Crude, and in some cases, extremely limited air
quality modeling tools, specifically for PM10 and NOx.
- Limited ability to identify and/or isolate the
interrelationships of various pollutant types under real time
conditions to one another and to travel behavior.
- Inability to model impacts of certain transportation
control measures through regional air quality monitors.
- Outdated or non-existent origin and destination
information on travel characteristics of the region's population
and travel related to commerce.
- Lack of integration of transportation demand
forecasting models with current and projected land uses.
- Limitations on the ability to model the impacts
of pedestrian-related travel, ridesharing behavior, transportation
systems improvements, and most demand management strategies in
regional models.
- Limited information on discretionary travel and
detailed travel trends over extended time periods.
- Inadequate information on how travelers react
to different pricing signals.
What are the Fiscal Constrain
Requirements:
under the provisions of ISTEA, transportation plans and programs
must be fiscally constrained and include only those projects for
which funding is secured or for which funding can reasonably be
expected to be available in the amounts and at the times that
the plan indicates they are needed. In addition, it must be demonstrated
that the existing transportation system can be maintained without
detriment. In non-attainment areas for carbon monoxide and ozone,
TIPs must be fully funded for the first two years and dollars
committed to projects.
This provision is incorporated into the conformity
process in part to insure conformity findings are based on realistic
plans and programs and that Transportation Control Measures and
other projects which may be beneficial for air quality are not
continually postponed due to lack of funding or funding commitment.
This is potentially a powerful tool in reinforcing the linkages
between air quality attainment plans and transportation plans
and will require a high degree of discipline and willingness to
make investment trade-offs on the part of local, regional, and
state transportation professionals and policy-makers. Further,
this requirement is incorporated into criteria for making conformity
findings because the MPO must demonstrate in detail all TCMs which
are contained in their SIPs, their funding sources, their eligibility
under ISTEA and that they are on schedule for implementation.
What are Transportation Control Measures and How
Do They Fit In: the CAAA of 1990 include
a list of TCMs (Section 108(f)(1)(a) which must be considered
for inclusion in the State Implementation Plan (SIP) for air quality
in ozone non-attainment areas classified as moderate, serious,
severe, or extreme. These sixteen measures also form the basis
for funding eligibility in the Congestion Mitigation and Air Quality
Program which was enacted as part of the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA). The measures include the traditional
list of TCMs that have been discussed for years as emission control
strategies but not embraced as mainstream transportation improvements
in our investment priority setting. Listed in Attachment D
are the types of TCMs listed in the CAAA and specific examples
of types of projects which may fall into the general categories
provided.
Interagency Consultation:
an interagency consultation process is required in each non-attainment
area and it should establish procedures for consultation between
MPOs, state and local air agencies, state and local transportation
agencies, U.S.EPA, FHWA and FTA. These procedures should apply
to the development of the SIP, the transportation plan, the TIP
and conformity determinations. This conformity SIP revision is
due in November, 1994 in all non-attainment areas and is federally
enforceable as a state law. It should establish specific interagency
consultation procedures for all coordinating agencies with specific
schedules for implementation. A provision in the final conformity
rule allows for disputes to ultimately be resolved by the Governor
if the state air and transportation agencies cannot agree on a
conformity determination.
The MPO must make the conformity determination according
to the consultation procedures in the conformity rule and SIP
revision required by the rule, and according to the public involvement
procedures established by the MPO in compliance with ISTEA's metropolitan
planning regulations. Once the SIP revision has been approved
by EPA, the conformity determination is made consistent with the
implementation plan's consultation requirements. Before the SIP
revision is approved by EPA, MPOs and State Departments of Transportation
must provide reasonable opportunity for consultation with state
air agencies, local air quality and transportation agencies, U.S.DOT,
and EPA on issues including:
- Development of a process involving the MPO and
State and local air quality planning agencies and transportation
agencies to do the following:
Evaluate events which will trigger new conformity determinations
in addition to those triggering events established in the rule;
and
- Consult on emissions analysis for transportation
activities which cross the borders of MPOs or non-attainment areas
or air basins.
- Interagency consultation procedures must include:
The roles and responsibilities assigned to each
agency at each stage in the SIP development process and the transportation
planning process, including technical meetings;
- The organizational level of regular consultation;
and
- A process for circulating documents (or draft
documents) and supporting materials for comment before formal
adoptions or publications.
- What about Public Participation in the Conformity
Process: public participation is a cornerstone of ISTEA because
it requires pro-active efforts for public involvement in the planning
and funding process which was formerly, in many areas, a very
closed environment with little public attention. The public participation
requirements of the ISTEA Metropolitan Planning Regulations apply
to the transportation conformity process as well. In short, the
public must have an opportunity for early and continuing involvement
including individual citizens, affected public agencies, and other
interested parties in the development of TIPs, plans, and all
other stages of the planning process such as major investment
studies, environmental analyses conducted under the National Environmental
Policy Act, and opportunities for input in the consideration of
the 15 planning factors that metropolitan areas must consider
in their long term planning efforts.
Attachment A
OZONE NON-ATTAINMENT AREAS
The following are areas (identified by central city
or county) in non-attainment of the National Ambient Air Quality
Standard for ozone.
EXTREME-20 YEARS TO ATTAIN (2010)
Los Angeles-South Coast Air Basin, CA
SEVERE-17 YEARS TO ATTAIN (2007)
Chicago-Gary-Lake County, IL - IN
Milwaukee-Racine, WI
Houston-Galveston-Brazoria, TX
NY-Northern NJ-Long Island, NY, NJ,CT
Southeast Desert Modified Air Quality Management
Area, CA
SEVERE-15 YEARS TO ATTAIN (2005)
Baltimore, MD
Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD
Ventura, CA
San Diego, CA
SERIOUS-9 YEARS TO ATTAIN (1999)
Atlanta, GA
Baton Rouge, LA
Beaumont-Port Arthur, TX
Boston, Lawrence-Worcester, MA., NH
El Paso, TX
Greater Connecticut, CT
Muckegon, MI
MODERATE-6 YEARS TO ATTAIN (1996)
Atlantic City, NJ Charleston, WV*
Charlotte-Gastonia, NC* Cincinnati-Hamilton, OH-KY
Cleveland-Akron-Lorain, OH Dallas-Forth Worth, TX
Dayton-Springfield, OH* Detroit-Ann Arbor, MI*
Grand Rapids, MI Huntington-Ashland, WV - KY
Kewaunee County, WI* Knox and Lincoln Counties,
ME
Lewiston-Auburn, ME* Louisville, KY-IN
Manitowoc County, WI Miami-Fort Lauderdale-West
Palm Beach, FL*
Monterey Bay, CA* Nashville, TN
Parkersburg, WVa* Phoenix, AZ
Pittsburgh-Beaver Valley, PA* Portland, ME
Reading, PA* Richmond-Petersburg, VA*
Salt Lake City, UT* San Francisco-Bay Area, CA
Santa Barbara, Santa Maria, CA St. Louis, MO-IL
Toledo, OH*
MARGINAL-(Attainment 1993)
Albany-Schenectady-Troy, NY*
Allentown-Bethlehem-Easton, PA-NJ*
Altoona, PA*
Birmingham, AL
Buffalo-Niagara Falls, NY*
Canton, OH*
Columbus, OH*
Door County, WI
Edmonson County, KY*
Erie, PA*
Essex County,(Whiteface Mountain), NY
Evansville, IN*
Greenbrier County, WV*
Hancock and Waldo Counties, ME
Harrisburg-Lebanon-Carlisle, PA*
Indianapolis, IN*
Jefferson County, NY*
Jersey County, IL*
Johnstown, PA*
Kent and Queen Anne's Counties, MD
ATTAINMENT-(non-attainment in 1990, subsequently
redesignated to attainment status)
Kansas City, MO-KS
Greensboro-Winston Salem-High Point, NC
Cherokee County, SC
Raleigh-Durham, NC
Knoxville, TN
CARBON MONOXIDE NON-ATTAINMENT AREAS
SERIOUS-Attainment by 12/31/2000
Los Angeles-South Coast Air Basin, CA
MODERATE-Attainment by 12/31/95
Anchorage, AK Denver-Boulder, CO
Fresno, CA* Las Vegas, NV
NY-Northern NJ-Long Island, NY-NJ-CT Provo, UT
Seattle-Tacoma, WA* Spokane, WA
MODERATE-Attainment by 12/31/95
Albuquerque, NM Baltimore, MD*
Boston, MA* Chico, CA*
Cleveland, OH* Colorado Springs, CO*
El Paso, TX Fairbanks, AK
Fort Collins, CO Grants Pass, OR* Hartford-New Britain-Middletown,
CT* Klamath Falls, OR* Lake Tahoe South Shore, CA* Longmont, CO*
Medford, OR Memphis, TN* Minneapolis-St. Paul, MN Missoula, MT
Modesto, CA* Ogden, UT* Philadelphia-Camden County, PA, NJ* Phoenix,
AZ Portland-Vancouver, OR-WA Raleigh-Durham, NC* Reno, NV Sacramento,
CA
San Francisco,-Oakland-San Jose, CA San Diego, CA*
Stockton, CA Washington, D.C. Maryland-VA* Winston-Salem, NC*
ATTAINMENT
Syracuse, NY Duluth, MN
*Denotes areas which have complete ozone air quality monitoring
data meeting the National Ambient Air Quality Standard during
the period 1990-1992, the first step towards attainment.
PM-10 NON-ATTAINMENT AREAS
MODERATE-Attainment by 12/31/94
New Haven, CT Presque Isle, ME
Guaynabo, PR Clairton, PA
Stuebenville-Follansbee, OH-WV Granite City, IL
Lyons Township, IL Oglesby, IL
Southeast Chicago, IL Lake County, IN
Vermillion County, IN Detroit, MI
Rochester, MN St. Paul, MI
Cuyahoga County, OH Anthony, NM
El Paso, TX Aspen, CO
Canon City, CO Denver Metro, CO
Lamar, CO Pagosa Springs, CO
Telluride, CO Butte, MT
Kalispell, MT Lame Deer, MT
Libby, MT Missoula, MT
Polson, MT Ronan, MT
Salt Lake County, UT Sheridan, WY
Ago, AZ Hayden/Miami, AZ
Nogales, AZ Paul Spur/Douglas, AZ
Phoenix, AZ Rillito, AZ
Yuma, AZ Imperial Valley, CA
Manmouth Lake, CA Searles Valley, CA
Reno, NV Eagle River, AR
Mendenhall Valley, AR Boise, ID
Bonner County, ID Pinehurst, ID
Pocatello, ID Grants Pass, OR
Klamath Falls, OR LaGrande, OR
Medford, OR
Springfield/Eugene, OR
Kent, WA Olympia/Tumwater/Lacey, WA
Seattle, WA
Spokane, WA
Tacoma, WA
Wallula, WA
Yakima, WA
MODERATE AREAS-Attainment 12/31/99
Whitefish, MT Lakeview, OR
Mono Lake, CA
MODERATE AREAS-Attainment 12/31/2000
New York County (Manhattan), NY Steamboat Springs,
CO
Weirton, WV Thompson Falls, MT
Bullhead City, AZ Payson, AZ
Sacramento County, CA San Bernardino County, CA
Shoshone County, ID Oakridge, OR
SERIOUS AREAS-Attainment 12/31/2001
Coachella Valley, CA Owens Valley, CA
San Joaquin Valley, CA South Coast Basin, CA
Las Vegas, NV
Attachment B
Health Effects of Air Pollutants
Carbon Monoxide: Impairs
the ability of blood to carry oxygen in the body. Cardiovascular
system is primarily affected, causing angina pain in persons suffering
from cardiac disease and leg pain in individuals with occlusive
arterial disease. Affects other mammals in a similar manner.
Lead: Damages the cardiovascular,
renal and nervous systems, resulting in anemia, brain damage,
and kidney disease. Pre-school age children are particularly susceptible
to brain damage effects. Similar effects are observed in other
mammals. Additional adverse effects on animals, microorganisms
and plants.
Nitrogen Dioxide: Impacts
the respiratory system, causing a high incidence of acute respiratory
diseases. Pre-school children are especially at risk. Damages
certain plants and materials. Degrades visibility due to its brownish
color and the conversions to nitrate particles. Nitrate particles
are also a major component of acid rain.
Ozone: Damages the respiratory
system, reducing breathing capacity and causing pain, headache,
nasal congestion and sore throat. Individuals with chronic respiratory
diseases are especially susceptible to ozone. Injures some plants,
trees and materials.
Particulates: Cause irritation
and damage to the respiratory system, resulting in difficult breathing,
inducement of bronchitis and aggravation of existing respiratory
disease. Also, certain polycyclic aromatic hydrocarbons in particulate
matter are carcinogenic. Individuals with respiratory and cardiovascular
diseases, children and elderly persons are at the greatest risk.
Also soils and damages materials and impairs visibility.
Sulfur Dioxide: Aggravates
asthma, resulting in sneezing, shortness of breath and coughing.
Healthy persons exhibit the same responses at higher concentrations.
Asthmatic and atopic individuals are the most sensitive groups,
followed by those suffering from bronchitis, emphysema, bronchiectasis,
cardiovascular disease, the elderly and children. Damages some
plants and materials. Impairs visibility and contributes to acid
deposition due to its conversion to sulfate particles.
Attachment C
Conformity Criteria
This chart lists the conformity criteria for Transportation
Plans, Transportation Improvement Programs (TIPs), Projects from
a Conforming Plan and TIP, and Projects not from a Conforming
Plan and TIP.
TRANSPORTATION PLANS: In all time periods enumerated
under the final conformity regulations:
1. The conformity determination must be based on
the latest planning assumptions.
2. The conformity determination must be based on
the latest approved emission estimation model available.
3. The MPO must make the conformity determination
according to the consultation procedures of the regulation and
the implementation plan revision required.
4. The Plan must provide for the timely completion
or implementation of all TCMs in the SIP which are eligible for
funding under ISTEA and consistent with schedules included in
the SIP, and, nothing in the transportation plan can interfere
with the implementation of any TCM in the SIP .
TRANSPORTATION IMPROVEMENT PROGRAMS (TIPs) For
TIPs, the following criteria must be met for all time periods:
Criteria 1, 2, and 3 above in addition to:
5. The MPO must examine the specific steps and funding
sources need ed to fully implement each TCM and determine which
are eligible for funding under ISTEA and demonstrate that they
are on or ahead of the schedule established in the SIP or, if
they are behind schedule the MPO and DOT must determine that past
obstacles to implementation have been identified and have been
or are being overcome, and that all State and local agencies with
influence over approvals or funding for TCMs are giving maximum
priority for their funding over other projects within their control
.
6. Nothing in the TIP can interfere with the implementation
of any TCM in the SIP.
PROJECTS FROM A CONFORMING TIP:
The criteria in numbers 1, 2, and 3 above must be
satisfied in addition to:
7. Localized impacts of carbon monoxide pollution
must be analyzed in carbon monoxide and PM-10 non-attainment areas.
In addition, the proposed projects must come from a transportation
plan and TIP which has undergone a regional emissions analysis.
8.There must be a currently conforming transportation
plan and currently conformity TIP at the time of project approval.
9. The project must come from, a conforming transportation
plan and program.
10. The FHWA/FTA project must not cause or contribute
to any new localized CO or PM-10 violations or increase the frequency
or severity of any existing CO or PM-10 violations in CO and MP
non-attainment and maintenance areas.
11. The FHWA/FTA project must comply with PM-10 control
measures in the SIP.
PROJECTS NOT FROM A CONFORMING PLAN AND TIP:
The criteria listed in numbers 1 ,2, 3, 4, 6, 7,
8, 10, and 11 above must be satisfied in addition to:
12. Non-federally funded or approved projects do
not need to undergo hot-spot analysis but must undergo regional
emissions analysis along with the rest of the transportation program
if they are regionally significant or sponsored by a recipient
of federal highway or transit funds.
For FHWA/FTA projects which are not from a conforming
transportation plan and TIP, the timely implementation criteria
for TCMs is satisfied if the project does not interfere with the
implementation of any TCM in the SIP.
Pre-construction requirements for non-federally funded
projects include: they should be included in the Plan and TIP,
and they must be included in the regional emissions analysis of
the plan and TIP or a new emissions analysis of the plan and TIP
must be performed. Therefore, if the region did not have a conforming
plan and TIP these projects would be halted.
Attachment D
Transportation Control Measures Listed in Section 108(f)(1)(A)
of CAAA
The TCMs in Section 108(f)(1)(A) of the CAAA are
listed in bold type. They are followed by examples of projects
and programs which fit into these general categories of TCMs.
Please note that there is considerable overlap between some of
the measures and the examples shown are intended to illustrate
types of projects non-attainment areas might consider implementing
to reduce vehicle miles travelled (VMT) and increase overall vehicle
occupancy. In addition to this list, much work is underway in
non-attainment areas to explore options for market-based TCMs
including road pricing, congestion pricing, VMT tax, and parking
pricing as cost effective ways to reduce VMT and congestion.
(i) programs for improved public transit;
Feeder services to or from fixed route or rail transit
New or expanded transit services
Subscription vanpool, buspool, or shuttles
Reduced transit fares
Private charter services for regular commute trips
Marketing programs targeted to non-transit users
Accommodation of bicycles on transit vehicles
(ii) restriction of certain roads or lanes to, or
construction of such roads or lanes for use by, passenger buses
or high occupancy vehicles;
High occupancy vehicle lane programs
Construction of exclusive lanes for buses and transit
vehicles
(iii) employer-based transportation management plans,
including incentives;
Transit, vanpool, carpool subsidies
Alternative work schedules for non-SOV users
Bicycling subsidies
Walking subsidies
Transportation allowance with increased parking cost
(iv) trip reduction ordinances;
Localized or regional programs to reduce travel,
usually oriented
around commute trips
Employer Commute Options Programs
(v) traffic flow improvement programs that achieve
emission reductions;
Synchronized signalization programs
Arterial high occupancy vehicle lanes
Selected IVHS applications
Reversible lanes during peak periods
(vi) fringe and transportation corridor parking facilities
serving multiple occupancy vehicle programs or transit service;
Preferential parking or free or discounted parking
for rideshare vehicles
Use of private parking areas for Park-n-Ride lots
Special Event center parking strategies to induce
mode shift or
travel to remote drop-off/pick-up points
Reduced parking requirements or limits at developments
Surcharge on parking, gas or other pricing mechanisms
Increased parking cost in concentrated areas for
SOV users
Fringe parking facilities with effective feeder service
to destination points
(vii) programs to limit or restrict vehicle use in
downtown areas or other areas of emission concentration particularly
during periods of peak use;
Downtown pedestrian zones
Center city zones only accessible to the public by
transit
(viii) programs for the provision of all forms of
high-occupancy, shared-ride services;
Ridesharing passenger loading areas
Accommodation of vanpools in parking facility
Information displays at major trip generators
Accommodations for bicyclists and walkers
Childcare centers at multi-modal transit facilities
or park and ride locations
Trip reduction programs for multi-tenant work sites
Transportation Management Associations/organizations
Videoconferencing at commercial development
Aggressive marketing for SOV users to encourage alternative
modes
(ix) programs to limit portions of road surfaces
or certain sections of the metropolitan area to the use of non-motorized
vehicles or pedestrian use, both as to time and place;
(x) programs for secure bicycle storage facilities
and other facilities, including bicycle lanes, for the convenience
and protection of bicyclists, in both public and private areas;
Bicycle parking facilities
Showers and lockers for bicyclists
Bicycling education and marketing programs
Creation of bicycle paths, rights-of-way, to enable
and encourage cycling
Provision of security for bicycle paths, rights-of-way
Accommodation of bicyclists on transit
(xi) programs to control extended idling of vehicles;
Off-street loading facilities for trucks and delivery
services
Queuing programs at truck and port facilities
Legislation limiting idling time at major terminals
and ports
(xii) programs to reduce motor vehicle emissions,
consistent with title II, which are caused by extreme cold start
conditions;
(xiii) employer-sponsored programs to permit flexible
work schedules;
Employer-based alternative work schedules
Employer-based telecommuting programs
Employer-based flexible work hours
(xiv) programs and ordinances to facilitate non-automobile
travel, provision and utilization of mass transit, and to generally
reduce the need for single-occupant vehicle travel, as part of
transportation planning and development efforts of a locality,
including programs and ordinances applicable to new shopping centers,
special events, and other centers of vehicle activity;
Government or non-profit telework center or facilities
sharing
Residential neighborhood development center
Video conferencing center in commercial
district/development
Government investment in remote access to information/transactions
(xv) programs for new construction and major reconstructions
of paths, tracks or areas solely for the use by pedestrian or
other non-motorized means of transportation when economically
feasible and in the public interest. For purposes of this clause,
the Administrator shall also consult with the Secretary of the
Interior; and
Programs to preserve abandon rail rights-of-way and
convert it for pedestrian and bicycle use
Programs to ensure continuous rights-of-way are protected
for public use
(xvi) program to encourage the voluntary removal
from use in the marketplace of Pre-1980 model year light duty
vehicles and Pre-1980 model year light duty vehicles and light
duty trucks.
Vehicle scrappage programs
Cash for clunker programs
The Surface Transportation Policy Project is a nationwide network of more than 800
organizations, including planners, community development organizations, and advocacy groups,
devoted to improving the nation’s transportation system.
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