# Presentation: 393774

## Session 5:  Conformity in Multi-jurisdictional Areas

- FHWA Transportation Conformity and CMAQ Workshop
- Summer 2004

## Part 1:  What is a multi-jurisdictional area?

- A nonattainment or maintenance area that involves:
- multiple MPOs,
- donut areas, and/or
- multiple states
- A single jurisdiction area (the basic case) is:
- one MPO, no donut area,
- in one nonattainment area within one state

## Part 2:  before areas have SIP budgets 

- No budgets, so these areas use:
- interim emissions test(s) in 93.119
- Guiding principle:
- There must be one regional emissions analysis, for the entire area and the conformity determination(s) must cover the entire area (92.124(d))
- Applies whether area:
- has one or more MPOs,
- a donut portion,
- parts of more than one state, or
- any combination of the above

## Part 2:  before areas have SIP budgets

- When an area includes more than one MPO, a donut, or both:
- the regional emissions analysis can be done in either of 2 ways:
- one modeling analysis for entire area, or
- (2) separate modeling by each MPO (and state DOT, as appropriate for donut), combined

## Part 2:  before areas have SIP budgets

- When an area includes more than one MPO, a donut, or both:
- the conformity determination(s) are done as follows:
- each MPO determines conformity of its plan and TIP (which could reflect donut area) and submits it to DOT
- DOT waits to make its conformity determination until all are received
- (i.e., every part of the nonattainment area is included in a plan/TIP conformity determination & regional emissions analysis)
- DOT makes its conformity determinations on the plans and TIPs at the same time.

## Part 3:  once areas have budgets

- Part 3 applies once an area has a budget for a pollutant/precursor for an applicable standard that is  either *adequate* or *approved*
- Guiding principle is:
- the regional emissions analysis and
- the conformity determination(s)
- are done for the geographic area addressed by the SIP budget

## Part 3:  once areas have budgets

- How might budgets be established in a nonattainment/maintenance area
- within a single state:
- budget established for entire area, or
- subarea budgets for each MPO within the area
- in a multi-state area:
- identical budgets in each state’s SIP that apply to the entire area
- unique budgets in each state’s SIP that apply only to each state’s own portion of the area
- State and local agencies use consultation process to decide how SIP(s) are established

## Part 3:  once areas have budgets - area in a single state

- Where SIP establishes _one budget_:
- One regional emissions analysis for the entire area
- The conformity determination(s) must cover the entire area and be done at the same time
- each MPO determines conformity of its plan and TIP (which could include a donut) and submits it to DOT
- DOT waits to make its conformity determinations until all MPO determinations are received
- (i.e., every part of the nonattainment area is included in a plan/TIP conformity determination & regional emissions analysis)
- DOT makes its conformity determinations on the plans and TIPs at the same time.

## Part 3:  once areas have budgets - area in a single state

- How are the regional analysis and conformity determinations done when _one budget_ applies to:
- Two or more MPOs?
- MPOs can model emissions separately or together
- DOT makes conformity determinations for their plans and TIPs at the same time
- One MPO + a donut area:
- donut’s emissions are included in the regional emissions analysis for the MPO
- one conformity determination is made for the MPO’s plan and TIP
- Two or more MPOs + a donut area:
- Consult to determine who does analysis for donut
-  DOT makes conformity determinations for their plans and TIPs at the same time

## Part 3:  once areas have budgets - area in a single state

- Where SIP establishes _subarea budgets_ (see 93.124(c) and (d)):
- Each MPO can make independent conformity determinations for its plan and TIP, if
- all other subareas have conforming plans and TIPs in place
- If one MPO lapses, no others can make plan/TIP conformity determinations until lapse resolved

## Part 3:  once areas have budgets - multi-state area

- Where SIP establishes _one budget_ for entire area:
- One regional emissions analysis is done for the entire area
- The conformity determination(s) must be done for the entire area at the same time

## Part 3:  once areas have budgets - multi-state area

- Where each state’s SIP has a budget for its own portion of the area,
- each state is completely independent for conformity
- e.g., a lapse can be occurring in State A, and States B and C can continue to make conformity determinations

## Part 4:  8-hour areas with 1-hour SIPs

- 4 possible ways the 8-hour boundary relates to the 1-hour boundary:

## Part 4:  8-hour areas with 1-hour SIPs

- Guiding principle:
- Use adequate or approved 1-hour budgets for conformity for whatever area they cover, and
- Use the interim emissions test(s) for any  portions not covered by 1-hour budget, or it is determined through consultation that such tests are more appropriate than 1-hour budgets

## Part 4:  8-hour areas with 1-hour SIPs -- all scenarios

- If 1-hour SIP establishes subarea budgets
- _First conformity determination for the 8-hour standard:_  each MPO determines conformity for its plan and TIP and submits to DOT
- DOT will not make its plan/TIP conformity determinations until all MPOs have submitted conformity determinations
- _Subsequent determinations:_  all other subareas must be in conformity before any MPO makes a conformity determination

## Part 4:  8-hour areas with 1-hour SIPs -- all scenarios

- If multi-state area has unique SIP budgets for each state:
**Each state can determine conformity independently, regardless of scenario**
- Budgets used where they apply, and
- Interim emissions tests, where necessary, can be applied to:
- the portion in a state not covered by the budgets
- a state’s entire 8-hour nonattainment area
- (the entire multi-state area -- but if chosen, states lose independence in conformity)

## Part 4:  Scenario 1

- Scenario 1:  8-hour boundary = 1-hour boundary
- Scenario 1 area might be made from one or more 1-hour areas
- If 1-hour budgets apply to entire 8-hour area,
- one regional emissions analysis, and
- one conformity determination
- is done for the entire area
- In a multi-state area, if unique1-hour budgets apply to each state,
**Each state can determine conformity independently**

## Part 4:  Scenario 2 -- general

- Scenario 2:  8-hour boundary < 1-hour boundary
- Two choices for budget test:
- (1)  budget test for 8-hour area only, if possible to determine what portions of budgets apply
- (2)  budget test for 1-hour area, that is, emissions are estimated for the entire 1-hour area, but any additional emissions reductions needed to meet budgets must come from within the 8-hour area

## Part 4:  Scenario 2 -- general

- Scenario 2:  8-hour boundary < 1-hour boundary
- A scenario 2 area might be made from
- one 1-hour area, or
- several 1-hour areas

## Slide 20

## Part 4:  Scenario 3 - general

- Scenario 3:  8-hour boundary > 1-hour boundary
- Use 1-hour budgets for area they cover (egg yolk) and
- Use interim emissions test(s) for either:
- portion not covered by budgets (egg white), or
- the entire 8-hour area (the whole fried egg)

## Part 4:  Scenario 3 - example

- Area within one state with 1-hour subarea budgets
- MPOs A, B, C, D use their subarea budgets, plus
- interim emissions test(s) for either:
- part not covered by budgets (E alone), or
- entire 8-hour area (A, B, C, D, and E)

## Slide 23

## Slide 24

## Part 4:  Scenario 3 - example

- Multi-state area, ea. state has unique 1-hr budgets
**Each state can determine conformity independently**
- State A and B must meet their budgets
- State C must meet its budgets, plus the interim emissions test(s) for either
- the portion not covered by budgets in State C
- State C’s entire piece of the 8-hour area

## Part 4:  Scenario 3 - example

- Multi-state 8-hour area, but one state has 1-hour budgets
**State with budgets can do conformity independently **
- State A must meet its budgets
- State B must use the interim emissions test(s)

## Slide 27

## Part 4:  Scenario 4 - general

- Scenario 4:  8-hour boundary partially overlaps 1-hour boundary
- If it’s possible to determine what part of the 1-hour SIP budget applies:
- Use budgets from 1-hour SIP where they exist, plus
- Use interim emissions test(s) either for
- remaining portion of the 1-hour area
- the entire 8-hour area
- If it’s not possible to use any part of the 1-hour budgets, just use interim emissions test(s)