Survivor’s Guide to Ozone Conformity

Breakout Session 9: Air Quality

2015 California Transportation Planning Conference:

Partnering for Sustainable Transportation

Los Angeles, California

December 3, 2015

Air Resources BoardCalifornia Environmental Protection Agency

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Outline• Panel introductions• Session goals• New ozone (O3) NAAQS overview• Panel discussion• Audience question and answer period• Wrap-up and follow-up resources

Welcome

Moderator• Douglas Eisinger, STIFederal• Karina O’Connor, US EPAState• Dennis Wade, California ARBLocal• Rachel Kennedy, San Diego Assoc. of Gov’ts• Rongsheng Luo, Southern California Assoc. of Gov’ts• Tanisha Taylor, San Joaquin COG• James Worthley, San Luis Obispo COGOn Deck• Jack Lord, FHWA• Marilee Mortenson, Caltrans

3Panel Members

Key Things to Understand About the New O3 NAAQS

1. If you serve an area new to conformity: what to expect once conformity becomes effective.

2. If you are a seasoned conformity professional: new insights that can help you with your work.

3. Everyone: a “back at the office” checklist of key things to do in the next 6-12 months.

4Session Goals

Why O3 is a Concern• Upper atmosphere: protects from the sun's harmful

rays.• Ground level: main component of smog, created by

chemical reactions between NOx and VOCs.– Associated with urban areas, but can be transported to rural

areas.• Even relatively low levels can cause health effects.

– Trigger chest pain, coughing, throat irritation, and congestion.

– Worsen bronchitis, emphysema, and asthma.• Also affects sensitive vegetation and ecosystems.

– Interfere with plants’ ability to produce and store food.– Damage leaves.

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Changing Ozone Standards (updated October 2015)

Ozone Standard

Final NAAQS

Date Level

Attainment Plans Due

Attainment Date

1997 July 1997 80 ppb Mid 2007 2007/2023

2008 Mar 2008 75 ppb Mid 2015/2016 2015/2032

2015 Oct 2015 70 ppb Dec 2020/21 2020-2037

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Region 9

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Timeline for 2015 Ozone Standard

New Ozone Standard October 2015: NAAQS promulgated

Designations October 2016 States/tribes recommend areas October 2017: EPA designates areas as meeting or

not meeting the NAAQS.

Air Quality Plans 2020/2021 – Initial Air Quality Plans Due

Transportation Conformity - Nov 2018 First Conformity Analyses Due Conformity SIPs

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Region 9

What is Transportation Conformity?

Ensures that federal funding and approval are given to transportation activities that are consistent with Air Quality Goals

Established by the Clean Air Act (§176(c)) Applies in areas designated as nonattainment or

maintenance Transportation conformity rule can be found at

40 CFR parts 51.390 and 93

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Why is Transportation Conformity Important?

Transportation conformity addresses air pollution from on-road mobile sources...

Source: SCAQMD (2012)

South Coast: NOx Emissions for 2023

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How Often Does Conformity Apply?

After the one-year grace period, a new conformity determination is required:

Every 4 Years: Before new transportation plans and TIPs (or amendments) are adopted

Within two years of an adequate or approved motor vehicle emissions budget (“SIP budget”)

Before a new non-exempt federal project receives FHWA or FTA funding or approval for the first time

Until the air quality area has been in maintenance for 20 years.

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Who Does What?

MPOs:– Prepares and adopts its plan and program according

to federal transportation law– Conformity determination part of adopted plan and

program U.S. DOT (Federal Highways, Federal Transit)

– Approves the MPO determination Air Agencies

– Develops the SIP and its budgets U.S. EPA

– Consultation, develops regulations and guidance.

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Air Resources BoardCalifornia Environmental Protection Agency

What has to happen?The criteria for Conformity

Prepare a regional emissions analysis.– Budget comparison or interim test.

Must use latest planning assumptions. RTP must give priority to TCMs in an

approved SIP. Interagency consultation and public

participation. Plan and program must be fiscally

constrained.

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Air Resources BoardCalifornia Environmental Protection Agency

Emissions budgets

Budgets are the level of on road emissions consistent with progress and attainment in the SIP.

Includes precursors.Benefits of any regulation necessary to

show progress or attainment must be included.

Out year budgets or trading

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Air Resources BoardCalifornia Environmental Protection Agency

The Budget Test

Estimated emissions of each pollutant or precursor in the regional analysis must be equal or be less than SIP budget.– for the attainment year and each SIP milestone

(RFP) year– through the time frame of the transportation plan

(horizon year). MPO must use EPA approved emissions

model (i.e. EMFAC).

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Air Resources BoardCalifornia Environmental Protection Agency

How does the transportation agency demonstrate conformity

for the first time?

Before Air Quality Plans Interim Emissions Tests (40 CFR 93.119) Two types of tests:

Build/no-build test: emissions from planned transportation system < or ≤ emissions without planned changes to the transportation system

Baseline year test: emissions from planned transportation system < or ≤ emissions in the baseline year

Project Level Conformity if Needed

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Interagency Consultation(What is a Conformity SIP?)

Each area must establish procedures for consultation between:

MPOs State and local air agencies State and local transportation agencies EPA & FHWA/FTA

Consult on development of SIP, plan, TIP, and conformity determinations

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Consequences of Failing Conformity

If an area cannot conform by a 2 or 4-year plan/TIP deadline, a 12-month conformity grace period starts

If a new plan and TIP cannot be adopted before the end of the grace period, conformity lapses

During a lapse, only 3 types of projects can proceed Exempt projects (e.g., air quality neutral projects) TCMs that are included in an approved SIP Any project phase that was approved prior to the lapse (but not any

subsequent phases)

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Panel Discussion

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Audience Question and Answer Period

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Wrap Up and Follow-up Resources

Doug EisingerSonoma Technology, Inc.doug@sonomatech.com707-665-9900

Marilee MortensonCaltransmarilee.mortenson@dot.ca.gov916-653-3758

For more information

Karina O’ConnorUS EPAoconnor.karina@epa.gov(775) 434-8176

Dennis WadeCalifornia ARBdwade@arb.ca.gov916-327-2963

Tanisha TaylorSJCOGtaylor@sjcog.org(209) 235-0600

James WorthleySLOCOGjworthley@slocog.org(805) 788-2002

Rongsheng LuoSCAGluo@scag.ca.gov(213) 236-1994

Rachel KennedySANDAGrachel.kennedy@sandag.org(619) 699-1929

Jack LordFHWAjack.lord@fhwa.dot.gov916-498-5888

Contacts

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Supplemental Materials

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Reproduced from U.S. EPA material released in 2014 to support O3 NAAQS revisions.

EPA modeled most California O3 background levels to be between 30 and 50 ppb.

O3 in the South Coast Air Basin

Source: CARB, 2015; blue line equals 75 ppb http://www.arb.ca.gov/adam/trends/graphs/graphtrendo3area.php 24

New O3 NAAQS Overview24

O3 in the San Joaquin Valley

Source: CARB, 2015, blue line equals 75 ppb http://www.arb.ca.gov/adam/trends/graphs/graphtrendo3area.php 25

New O3 NAAQS Overview25

Questions to WeighBig Picture:

1. What is different now that the O3 NAAQS have changed?

2. How will the new NAAQS change the way you conduct your work?

For conformity “first-timers:”3. What essential conformity advice do agencies need to

have?4. What top three conformity things should you keep in

mind?5. When should you establish conformity interagency

consultation?6. How should you handle project-level conformity in rural

areas?For “experienced” conformity areas:

7. What advice do you have for “experienced” conformity areas?

8. What are the overall implications of the new standards?Summary messages:

9. What planning challenges are triggered by the new standards?

10. What actions should agencies complete in the next 6-12 months?

11. How can agencies track and share information and insights?

26Panel Discussion