\_ 

## ) Departmentof State Divisionof Publications 312 Rosa L. Parks, 8th Floor SnodgrassTower Nashville, TN 37243 Phone: 615.741.2650 Fax: 615.741.5133 Email: sos.information@state.tn.us 

# Notice ofRulemaking HearingFor DepartmentofState Use Only

. Sequence Number: 

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# -$·DC{ 1

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Hearings willbe conducted 1i1 the mannerprescribedby the-Unifonn Administrative ProceduresAct, Tennessee CodeAnnotated, Section4-5-204. Forquestions andcopies ofthe notice, contacttheperson listedbelow. 

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## __E:_Ilvirgn_rl)ent__~_gon~~-~tion______________________

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• Division: 

### ! Air Pollution Control ' 

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## ,----------_{:C?!Jta_c!__Pe~on_:l~~~o~~**~~T~~~nex--------------------------------------------~**

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AnyIndividuals with disabilities who wish toparticipate in theseproceedings (to reviewthese filings) andmay require aidto facilitate such participation shouldcontactthe following atleast 10 dayspriorto the hearing:

# ----------~DA_2~_i_;~t+~~F~~o~~i~~~~;=-=-==----=~--~=:--=~-=----~=---=====:=-==~=--i



# . I401 Church Street 1 • Address: Nashville, Tennessee 37243 

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_______:__

__________f_hone:

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## ~@_1_?j_§_~2_:Q_207 orfc:>_r

## he_<tr_i_rl_gJ£"-PaJri'~-'-I!'!B_elay__**Servic~ 1-800-848:02~8.** ____/ [___

________________E111ai!:__,_"Beyerly.

### ~vans@tn.gov _ _ __________________________________] Hearing Location(s) (foradditional locations, copy and paste table)

### ~-=-~-=

# _**~cfdre~o;j:]]'"__EI(J_(lrJ:§!_C,Il,Qn_ex ~:~-~===~=:=~-:=:::--:_:--:_::~:_:::_--:_::_~-=_--_:::_==--=-=:~=-:** 

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# __________________________:
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______**ZifJ:;_3224~_:_1_5_:31_**__________________ - ------- -- -------------------------------------------------------- 

## ! Hearing Date : 

### i 10/20/09

Additional Hearing Information:**~------------------------------------------------------------------ -~--**  1 ',ere will be a public hearing before the Technical Secretary of the Tennessee Air Pollution Control Board to

consider the promulgation of amendments to the Tennessee Air Pollution Control Regulations, and the State Implementation Plan pursuantto T.C.A 

### § 68-201-105. The comments received at this hearing will be presented to the Tennessee Air Pollution Control Board for their consideration in regards to the proposed regulatory 

## I

1 amendments. The hearing will be conducted in the manner prescribed by the Uniform Administrative Procedures 

# I

1 Act, T.CA 

### § 4-5-201 etSeq. , 

# I . I

Anyone desiring to make oral comments at this public hearing is requested to prepare a written copy of their 1

·, comments to be submitted to the hearing officer at the public hearing. Written comments not submitted atthe 

## I

Ipublic hearingwill be included in the hearing record only ifreceived bythe close ofbusiness on Tuesday, October 

## I !20, 2009, atthe office oftheTechnical Secretary, TennesseeAir Pollution Control Board, 91" Floor, L 

### & CAnnex, 

### I**L~91__g_~urch §!~~~t,**  __Nash_11_ille,

## Ir-.1_3**7243:1_5_3_1~---------** _____ ___ __ ___________________________

## __j
SS-7037 (January, 2009) 1

### Ifyou have any questions about the origination ofthis rule change, you may contact Mr. Marc Corrigan at (615) 

## I 532-0616. Copies of documents concerning this matter are available for review at the office of the Technical 

## I Secretary and at certain public depositories. Forinformation about reviewing these documents, please contact**M~** 

### Malcolm Butler, 91" 

### Floor, L & 

### C Annex, 401 Church Street, Nashville, TN 37243-1531, telephone (615) 532' 0600. Revisions considered at this hearing may be adopted by the Tennessee Air Pollution Control Board underT.C.A. 

### § 68-201-105, the Board general authorityto promulgate rules.

1 

### Materials concerning the proposed actions will be available at www.state.tn.us/environmentlapc/ppo/ and also for

1 

### public inspection during normalworking hoursstarting on September 17, 2009, atthefollowing locations: 

## IAir Pollution Control Division

J 

### 9th Floor, L&

### CAnnex 

## I401 Church Street

1 

### Nashville, TN 37243-1531 ) 

### IAir Pollution Control Division 

## I Knoxville EFO ( 3711 Middlebr{)ok Pk., Suite220 

## i Knoxville, TN 37921 i 

### [Air Pollution Control Division 

### I Columbia EFO

.

1 : 

### 2484 Park Plus Drive

Columbia, TN 38401

1

### Air Pollution Control Division 

## IChattanooga EFO 

## I 540 McCallieAvenue, Suite 550 

### ! Chattanooga, TN 37402 

## I 

## IChattanooga-Hamilton County 

## I ,Air Pollution Control Bureau

6125 Preservation Drive 

## IChattanooga, TN 37416 i 

## ' Pollution Control Division Metropolitan Health Dept. 311 23rd Avenue, North Nashville, TN 37203 Air Pollution Control Division Johnson City EFO 2305 Silverdale Road Johnson City, TN 37601-2162 Knox County Departmentof AirQuality Management 140 DameronAvenue, Suite 242 Knoxville, TN 37917 Air Pollution Control Division Nashville EFO 711 

### R. S. Gass Boulevard Nashville, TN 37243 U.S. EPA, Region IV Air Pollution Control Division Cookeville EFO 1221 SouthWillowAvenue Cookeville, TN 38506 Air Pollution Control Division Jackson EFO 1625 Hollywood Drive Jackson, TN 38305 Division ofAir Pollution Control Memphis-ShelbyCo. Health Dept. 814 Jefferson Avenue Memphis, TN _38105 Kingsport Public Library 400 Broad Street Kingsport, TN 37660

APTMD- 12th Floor, Atlanta Federal Center 61 Forsyth StreetS.W. Atlanta, GA30303 c/o Mr. Richard Schutt, Chief 

# IAll persons interested in the air quality of the State ofTennessee are urged to attend and will be afforded the

1 

### opportunityto presenttestimony to the hearing officer regarding the proposed additions and/or revisions to the State 

### i

## [Jni_pJ.Elrn~_r!!ation**!'.~_11_:_~---·-····---····-···-·--··-~---~-··· ·-···-··~--~--··-·--~--·-----···-··~--·-······--·~** .......

# -..J

Revision Type (check all that apply): X Amendment New**~-Repeal** 

### Rule(s) (ALL chapters and rules contained in filing must be listed here. Ifneeded, copy and paste additional tables. Please enteronly ONE 

### Rule Number/RuleTitle per row.) 

## ICha-pter NUinber i**Chapte.rTitle·-···-·~.~---~-·----·---··----~--~-~---** 

### · · ·· · 

# ··---l· ··12oo-o3-34

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Rule Number I Rule Title

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-**_!_=?()O_:Q~-34-,Q:!..** 

### __**L~O.Qf()rmityo_f**

### Transportation.f".l<lns,**Pro_gra111.~ angf"~oj~_ct~---·**  

### ....**---~--** 

### ---·-·___-.-.

SS-7037 (January, 2009) 

### 2(Place substance of rules and other info here. Statutory authority must be given foreach rule change. For information on formatting rules go to http://state.tn.us/sos/rules/1360/1360.htm) Chapter 1200-03-34 Conformity
Amendments · The Table ofContentsto Rule Chapter 1200-03-34 Conformity is amended by deleting the title of 1200-03-34-.01 "Conformity of Transportation Plans, Programs, and Projects" and replacing it with the new title "Transportation Conformity Interagency Consultation and General Provisions" so that, as amended, the title of 1200-03-34-.01 in the Table ofContents shall read:
1200-03-34-.01 Transportation Conformity Interagency Consultation and General Provisions.

Rule 1200-03-34-.01 Conformity ofTransportation Plans, Programs, and Projects is amended by deleting it in its entirety and replacing with the following so that, as amended Rule 1200-03-34-.01 shall read as follows:
1200-03-34-.01 Transportation Conformity InteragencyConsultation and General Provisions (1) Interagency Consultation Procedures (a) General.
1. Pursuant to 40 CFR §51.390, this document provides for interagency consultation (federal, state, and local), resolution ofconflicts, public consultation procedures (per 40 CFR §93.105) and written commitments to control measures (40 CFR §93.122(a){4)(ii)) and mitigation measures (40 CFR §93.125(c)). Such consultation procedures shall be undertaken by MPOs, the State department oftransportation, and FHWA and FTAwith State and local air quality agencies and EPA prior to making conformity determinations, and by State and local air agencies**<~nd** EPA with MPOs, the State department of transportation, and FHWAand FTA in developing applicable implementation plans.
2. The provisions of this rule shall apply in all nonattainment and maintenance areas for transportation related criteria pollutants or precursor pollutants for which the area is designated nonattainment or has a maintenance plan, and with respect to all actions outside any nonattainment area that in the judgment of the Tennessee Air Pollution Control Division (TAPCD) may cause or contribute to a new violation or increase the frequency orseverity ofany existingviolation ofany standard in any nonattainment area, or delay the timely attainment of any standard or any required interim emissions reduction orother milestone in any nonattainmentarea. 3. Definitions:
Terms used but not defined in this rule shall have the meaning given them by the CAA, titles 23 and 49 U.S.C,, other Environmental Protection Agency (EPA) regulations, or other United States Department of Transportation (DOT) regulations, in that order of priority. (i) Local air agencies are those agencies which are charged under law with the control of air pollution existing within the geographic boundaries ofthe political subdivisions, as defined by the Tennessee Air Quality Act, Tennessee Code Annotated, Section 68-201-101, etseq, organized and existing underthe laws of the State ofTennessee. (ii)

SS-7037 (January, 2009) Local transportation agencies are publicly owned transportation agencies which provide mass transportation by bus or rail which provides general service to the


### 3(iii) (iv) (v) public on a fixed route on a regular and continuing basis. It does not include school buses orcharter orsightseeing services, van pools, orsmalltrolley fleets. Project meansa highway projectortransitproject. TAPCD meanstheTennesseeAir Pollution Control Division. TDOT meansthe Tennessee DepartmentofTransportation. (b) Interagencyconsultation procedures: Generalfactors.
1. Representatives ofthe Metropolitan Planning Organizations (MPOs), State and local air quality planning agencies, State department of transportation, and local publicly-owned transportation agencies not represented by an MPO, shall undertake an interagency consultation process in accordance with this section with each other and with the Environmental Protection Agency (EPA), Federal Highway Administration (FHWA), and Federal TransitAdministration (FTA) on the developmentofthe implementation plan, the transportation plan (Plan), the Transportation Improvement Program (TIP), any revisions to the preceding documents, and all conformity determinations required by this rule.
2. The TAPCD, also referred to as the State air agency, shall be the lead agency responsible for preparing thefinal documentordecision and forassuring the adequacy of the interagency consultation process with respect to the development of applicable transportation related implementation plans and control strategy implementation plan revisions.
3. MPOs subjectto conformity shall bethe lead agencies responsible for preparing the final document or decision and for assuring the adequacy of the interagency consultation process with respect to the development of the long range transportation plan, the Transportation Improvement Program (TIP), and any amendments or revisions thereto. and for providing assistancefortechnical analyses by employing travel-demand modelil ) techniques and acquiring all necessary data in the metropolitan area(s) under the,, jurisdiction. In the case of non-metropolitan areas, the TOOT shall be the lead agency responsible for preparing thefinal documentordecision and for assuring the adequacy of the interagency consultation process with respect to the developmentof the Statewide long range transportation plan, the Statewide Transportation Improvement Program (STIP), and any amendments or revisions thereto and for providing assistance for technical analyses by employing travel-demand modeling techniques and acquiring all necessarydata in non-metropolitan areas.
4. In addition to the lead agencies identified in parts 1, 2 and 3 ofthis subparagraph, other agencies entitled to actively participate in the interagency consultation process underthis rule include: the FHWA, the FTA, EPA, and local airagencies.
5. It shall be the role and responsibility ofeach lead agency in an interagency consultation process, as specified in parts 2 and 3 of this subparagraph, to confer with all other agencies identified in parts 1 through 4 of this subparagraph, provide all appropriate information to those agencies needed for meaningful input, solicit early and continuing input from those agencies, conduct the consultation process described in 40 CFR §93.105, assure policy-level contact with those agencies, consider the views of each such agency and respond to those views in a period notto exceed thirty (30) days from the date received, prior to any final decision on such document, and assure that such views and written response are made part ofthe record ofany decision or action. Each lead agency shall provide all necessarydocumentation for review atthe initiation, or prior to, the review and comment period. Information for scheduled meetings will be distributed to participants at least seven (7) days before the scheduled meeting. It shall be the role and responsibility of each agency specified in parts 1 through 4 of tt· subparagraph, when notfulfilling the role and responsibilities ofa lead agency, to**cor~--::-c** with the lead agency and other participants in the consultation process, review and comment as appropriate (including comments in writing) on all proposed documents and SS-7037 (January, 2009) 4\ I 6.



### 7.

8.

9.

10.

11. decisions in a period not to exceed thirty (30) days, attend consultation and decision meetings, assure policy-level contactwith other participants, provide inputon any area of substantive expertise or responsibility, and provide technical assistance to the lead agency orconsultation process in accordancewith 40 CFR §93.105 when requested.
It shall be the responsibility ofthe MPOs, the State and local airagencies, and the State and local transportation agencies identified in parts 1 through 4 of this subparagraph to schedule and convene meetings for their own agencies, and to notify all other agencies involved in the conformity process of these scheduled meetings at least fourteen (14) days in advance, unless such meetings are of an internal nature and not immediately related tothe conformity process

.. However, the participants maywaivethe fourteen (14) day advance notice requirement ifall participants agree thatan earlierscheduled meeting is in the best interestofthe parties. Scheduling changes shall be coordinated in atimely manner. The lead agency will develop draft documents, record notes and distribute agendas prior to meetings (in person or by conference calls or other practical electronic means). The lead agency shall provide all appropriate information to those agencies needed for meaningful input and provide all draft and supportive documentation (hard copy orelectronicformat) in atimely mannerto participating agencies. The lead agency responsible for preparing the final document subject to interagency consultation shall assure that all relevant documents and information are supplied to all participants in the consultation process priortothe release forpublic review. Consultation on specific issues, other than the continual process of keeping all the agencies informed on all conformity and SIP actions, may be initiated at anytime during the qocumentdevelopment process by any ofthe agencies specified in parts 1through 4 ofthis subparagraph. Itshall be the responsibility of the initiate to ensure that all other agencies identified in parts 1 through4 of this subparagraph are notified of any such action. All agencies so notified must respond to the issue(s) raised within fourteen (14) days, unlessan alternateschedule is agreed upon by all participants. It shall be the responsibility ofthe MPOs subject to this rule, and TOOT, to provide the State and local airagencies specified in this rule with the latestversion ofthe TIP orSTIP and the transportation plan.
It shall be the responsibility of the State and local air agencies to provide the MPOs, TOOT, FHWA, FTA and EPA with the latest version of the State Implementation Plan (SIP) as it appliesto transportation conformity, in particular, attainmentand maintenance plans.
Itshall also be the responsibility ofeach ofthe agencies specified in parts 1through 4 of this subparagraph to keep their own superiors and constituents properly informed of conformity determinations, as well as making this information available for the general public.
The agencies specified in parts 1through 4 ofthis subparagraph may employ consultant services attheirown discretion. (c) Specific roles and responsibilities ofvarious participants in the interagency consultation process shall be as follows:
1. TAPCD and the local air agencies shall be responsible for, in relation to SlP development, thefollowing: (i) (ii) (iii) (iv) SS-7037 (January, 2009) Developing emissions inventories, Developing emissions budgets, Conducting airquality modeling, Developing attainmentand maintenance demonstrations, 5

### (v) Revising control strategy implementation plans, (vi) Regulatory Transportation Control Measures ·(TCMs) intended to providf enforceable emission reductions, (vii) Compiling motorvehicle emissions factors, (viii) Meeting all EPA reporting requirements related to airquality, and (ix) Responding to all comments concerning the SIP. The local airagencies shall be 

### responsible fortheir areas ofjurisdiction, with the State air agency being responsible for all remaining counties, as well as being responsible ·for ensuring that the local air agencies fulfill these tasks.. Local air agencies may request assistancefrom the State airagency in any ofthe responsibilities listed here.
2. The MPOs subject to the conformity rule shall be responsible for, in their area(s) of jurisdiction, thefollowing: · (i) Developing and monitoring transportation plans and TIPs, (ii) Evaluatingthe transportation impacts and feasibility ofTCMs, (iii) Developing transportation and socioeconomic data and latest planning assumptions and providing such data and planning assumptions to TAPCD for use in airqualityanalysis, (iv) Developing system- or facility-based or other programmatic (non-regulatory) TCMs, (v} Providing technical and policy inputon emissions budgets, (vi) Performingtransportation modeling, including, (I) Selecting and evaluating such models, (II) Documenting their use in conformity determinations, and (Ill) Alerting, for comment, the agencies identified in parts (b)1 through 4 of this paragraph when any newmodel is being tested oremployed, and, (vii) Developing draft and final conformity determination documents for all transportation plans, TIPs and projects, (viii) Monitoring and coding regionally significant projects ·into the transportation networks, (ix) Developing statistical information such as VMT, vehicle mixand vehicle speeds for use in on-road mobile emissions analysis, (x) Making elections regarding the timeframe ofthe conformity determination under 40 CFR §93.1 06(d}, (xi) Identify planning assumptions and evaluate those assumptions for consistency with SIP assumptions. 3. TheTennessee DepartmentofTransportation shall be responsible for: 

### (i) SS-7037 (January, 2009) Developing the Statewidetransportation plan and STIP, 

### 6

## ) (ii) Providing technical input on new and proposed revisions to motor vehicle emission budgets, (iii) Distributing draftand final environmental documentsto other agencies, (iv) Providing the transportation related information needed for mobile emissions analysis, (v) Developing the statistical information, such as VMT, vehicle mix, and vehicle speeds, for use in on-road mobile emission analys'is for areas outside the MPO boundary, (vi) Developing the draft document(s) related to the NEPA process, providing it for review, responding tocomments and preparing the finaldocument(s), · (vii) Performingtransportation modeling, including, (I) Selecting and evaluating such models, (II) Documentingtheir use in conformitydeterminations, and (Ill) Alerting, for comment, the agencies identified in parts (b)1 through 4 of this paragraph when any new model is being tested oremployed, and, (viii) Making conformity determinationsforareas outside ofthe MPO boundary, (ix) Convening consultation to cooperatively choose the appropriate conformity test(s) and methodologies for use in isolated rural nonattainment and maintenance areas, as required by40 CFR §93.109(1)(2)(iii), and (x) Convening air quality technical review meetings on specific projects when requested by atheragencies oras needed.
4. FHWAand FTAshall be responsiblefor: (i) Ensuring timely action an final determinations ofconformitywithin thirty (30) days of receiving a formal canfanmity determination, after consultation with ather agencies as provided in this rule and 40 CFR §93.105, (ii) Providing guidance on conformity and the transportation planning process to participating agencies in interagencyconsultation, and (iii) Reviewing and commenting on conformitydeterminations.
5. EPA shall be responsiblefor: (i) Reviewing motorvehicle emissions budgets in submitted SIPs and finding them adequate or inadequate based on adequacy criteria and procedures, (ii) Providing guidance an conformity criteria and procedures to agencies in interagencyconsultation, (iii) Approving ordisapproving submitted SIP revisions (includingTCMs), (iv) · Providing modeling and emissions inventory development assistance to TAPCD, TOOTand MPOs, and, (v)


### SS-7037 (January, 2009) Providing comments an the regional emissions analyses and conformity determination oftransportation plans, TIPs and projects. 

### 7(d) Conformity determinations:
1. All conformity determinations shall be initiated by the sponsorofthe transportation plar program or projectsubjecttothe conformity rule: (i) MPOs shall be responsible for initiating conformity determinations for plans, programs or projectswithin the specific MPO boundary. (ii) TDOT shall be responsible for initiating conformity determination for plans, programs or projects external to an MPO boundary, including isolated rural nonattainmentand maintenanceareas as required by §93.109(1)(2)(iii). (iii) MPOs and TDOT shall employ interagency consultation procedures to ensure compatibility of conformity determinations for the same or overlapping nonattainiTJentormaintenancearea(s).
2. It shall be the responsibility ofthe MPOs subject to conformity and TDOT to submit any conformity determinations to the FHWA, FTA, EPA, TACPD, local air agencies, TDOT and local publicly-owned transportation agencies not represented by an MPO for review and approval before the plan, program or project subject to the conformity rule may be found to conform, or·found to be exempt.
3. All conformity determinations with all supporting documentation and data shall be made available for review and commentto the TAPCD, local airagencies, FHWA, FTAand the EPA no lessthan thirty (30) days priorto presentation toa policy making body (electronic copy acceptable). Shorter review periods may be allowed occasionally in emergency situationswith participantconcurrence. 4. All conformity determinations shall also be made available to the general public, a' defined in subparagraph (h) ofthis paragraph. · 5. Conformity determinations, at a minimum, should include written documentation of the following: (i) All the input run streams for the latest mobile em1ss1ons model and latest planning assumptions on the date that the conformity analysis began (with the

.beginning date and the criteria used to identify this date specified), and attestationthatthe latest mobile emissions model is being used. (ii) Transportation related information and assumptions used forinput intothe mobile model, such as, vehicle miles traveled, vehicle speeds, and vehicle mix, along with a briefdescription ofthe source ofthis information, including documentation ofanytransportation related models used. (iii) A description ofthe project, plan or program that is the subject ofthe conformity orexemption statusdetermination(s). (iv) TAPCD may request further documentation; however, the agency making the conformity demonstration may appeal to the Technical Secretary if the request seems unreasonable.
6. TAPCD (and/or local air agencies, where applicable) shall review and provide written comment on final conformity determinations within fourteen (14) days of the date received. This process shall consistof: 

### (i) (ii)
SS-7037 (January, 2009) Reviewofmobile emissions model inputsand outputs, Verification thatthe latest mobile emissions model and planning assumptions are being used, 

### 8

## )

__ \ j (iii) Review ofthe reasonableness oftransportation related data, and (iv) Ensuring consistency with the emissions budget and/or the interim emission tests, as applicable.
7. It shall be the responsibility of the MPO (or the TOOT, where applicable) making a conformity determination, to provide TAPCD and the applicable local air agencies, FTA, FHWAand the EPAwith documentation ofthe conformity determination.
8. Itshall be the responsibility ofTAPCDto provide affected MPOs, FHWA, FTA, EPA, local air agencies and TOOT with appropriate information regarding any SlP changes that could impactthe conformity process. 9. It shall be the responsibility of the EPA to provide TAPCO and local air agencies and FTA, FHWA, TOOT, and the affected MPOs information regarding changes to the Conformity Rule thatcould impactconformity determinations.
10. Emissions reduction credit from control measures that are not included in the transportation plan and TIP and that do not require a regulatory action in order to be implemented may not be included in the emissions analysis unless written commitments to implementation are obtained by the MPO (or TOOT, where applicable) prior to the conformity determination and such commitments must be fulfilled by the implementing entities. This rule satisfiesthe requirementof40 CFR §93.122(a)(4)(ii).
11. Written commitments to mitigation measures for project-level mitigation and control measures must be obtained by FHWA (or FTA for transit related projects), from project sponsors, prior to a positive project-level conformity determination, and that project sponsors mustcomply with such commitments. This rule satisfies the requirement of40 CFR §93.125(c).
12. In order to assure the most recent planning assumptions are in place at the time the conformity analysis begins, the "time the conformity analysis begins" is to be determined by interagency consultation. This point in time should occur at the point at which the MPO (orTOOT, when applicable) orotherdesignated agency beginsto model the impact of the transportation plan or TIP on travel and/or emissions. New data that becomes available after an analysis begins is required to be used in the conformity determination only ifasignificant delay in the analysis has occurred, as determined through interagency consultation. 13. Consultation shall be undertaken, and conducted in accordancewith this rule, to evaluate events which will trigger new conformity determinations in addition to those triggering events established in 40 CFR §93.104, including any changes in planning assumptions, that may trigger a new conformity determination. Theconsultation process pursuant to this rule shall be initiated by FHWA, EPA, TAPCO, TOOT, orthe MPO where one exists. (e) Implementation Plans:
.1. Any proposed revisions to the SIP, which may have a direct or indirect effect upon the motorvehicle emissions budgetforan area subjectto conformity, shall be made available to the MPOs specified in this rule, as well as TOOT, FHWA, FTA, and EPA in written or electronicform for their review and comment at leastthirty (30) days before presentation to the Tennessee Air Pollution Control Board. Shorter review periods may be allowed occasionally in emergency situationswith participantconcurrence.
2. TAPCO shall also providethe public a period from the date ofannouncementto comment on any proposed SlP revisions which may have a director indirect effect upon the motor vehicle emissions budget for an area subject to conformity, as defined in subparagraph (h) ofthis paragraph.
SS-7037 (January, 2009) 

### 93. Any proposed revisions to the SIP shall include documentation on methods of analysis, models employed and purpose ofthe revision. (f) Other processes:
1. TAPCD shall be responsible for the process whereby MPOs, local air agencies, TOOT, FHWA, FTAand EPAshall study and develop supplementary consultation procedures to identify, evaluate and address, as needed, the following issues. In the absence of supplementary consultation procedures, TAPCD will include the following items for discussion during interagency consultation meetings in advance of a conformity determination: (i) Hotspotanalysis methods, models and assumptions, (ii) Determination ofregionally significant projects and projects considered to have a significantchange in design concept and scope, (iii) Evaluating when exempt projects should be treated as non-exempt, (iv) Timely implementation ofTCMs and processing ofTCM substitutions, (v) Identifying conformity determination triggers other than those established in 40 CFR§93.

### 1 04, and (vi) Methods, modelsand assumptionsforregional emissions analysis.
2. These supplementary procedures (in part 1 of this subparagraph) may be specific for each metropolitan area or each· nonattainment or maintenance area subject to the conformity rule. 

### 3. TAPCDshall conduct meetingstodiscuss anysupplementary consultation procedures<. needed.
4. Final documentdistribution forconformity determinationsassociated with Plans, TIPs and STIPs (occasionally, alternate schedules may be usedwith concurrence by participants): (i)

(ii)
(iii)

(iv)

SS-7037 (January, 2009) The final air quality conformity determination, necessary supporting documentation and the Plan and TIP will be submitted to the FHWA Division Office, the FTA Regional Office, the EPA Regional Office, TOOT, TAPCD and any applicable local air agencies. EPA will respond in writing, to the FTA Regional Office and FHWADivision Office, as soon as possible but not laterthan thirty (30) daysfrom the date received; Comments will be resolved by FHWA and FTA, in concert with EPA, with the MPO orTDOT, in theirrespective areas, as necessary; FHWA and FTA will jointly prepare correspondence to make the conformity finding. Joint conformity findings will be addressed to the MPO (or TOOT where no MPO exists), with a copy to TOOT, EPA, TAPCD and any applicable local air agencies. Thefindings of FTAand FHWAtogether constitutethe DOTconformity findings;
In the event that the MPO or TOOT in their respective areas, wishes to amend the TIPto add projects thatare exemptfrom the conformityanalysis requirement, FHWA or FTA or both, if necessary, will concur in the amendment and re-affirm the original DOT conformity finding by letter. This re-affirmation letter will reference the date(s) ofthe original FHWAand FTAfindings. In caseswhere**tl~~** amendment involves projects that are not exempt, a newconformity analysis anu determination will be required, and will, in turn, require a new DOT conformity finding. 

### 10

### Within fifteen (15) days subsequent to approval and adoption of final documents, including transportation plans, TIPs, conformity determinations, applicable implementation plans and implementation plan revisions, the lead agency shall provide copies (electroniccopies acceptable) ofsuch documents and supporting information to all affected agencies.
5. Generalized qualitativeor interim hot-spotdetermination process: Interagency consultation shall be undertaken to evaluate and choose a model(s), associated methods and planning assumptions to be used in hot-spotanalyses. Generalized qualitative or interim hot-spot determination process (occasionally, alternate schedules may be used with concurrence by participants): (i) The project sponsor (orTOOT orthe MPO), will seek consensus ifthe project is believed to be exemptfrom hot-spotanalysis. This can be accomplished through electronictransmittal, providing foraminimum offourteen (14) days for review. If requested, an additional fourteen (14) days will be provided for review, as well as any additional information needed to makethe determination; (ii) Ifthe project is notexempt, the projectsponsor (orTOOT orthe MPO) will collect and organize and distribute specific data needed to determine whether nonexempt projects are or are not of air quality concern. This can be accomplished through electronic transmittal, providing for a minimum offourteen (14) days for review. If requested, an additional fourteen (14) days will be provided for review, as well as any additional information needed to make the determination; (iii) If it is determined the project is a project of air quality concern, the project sponsor (or TOOT or the MPO) will then engage and begin a consultation process to evaluate and choose a model (or models) and associated methods and assumptions to be used in hot-spot analysis. The project sponsor (orTOOT or the MPO) will make a PM2.5 hot-spot determination (i.e., project-level conformity determination) and request that other stakeholderagencies comment on the conclusions through formal interagency consultation as provided in this rule. 6. Regionally significant projects: For purposes of regional emissions analysis, the MPO (TOOT where no MPO exists) shall actively consult with the affected agencies to determine which minor arterials and other transportation projects should be considered "regionally significant" projects (in addition to those functionally classified as principal arterial or higher or fixed guideway systems or extensions that offer an alternative to regional highway travel) and which projects should be considered to have a significant change in design conceptand scope

·from the transportation plan orTIP. Priorto initiating anyfinal action on these issues, the

MPO (or TOOT, if applicable) shall consider the views of each agency that comments and respond in writing.
7. Transportation Control Measures (TCMs): (i)



### SS-7037 (January, 2009) For each Plan or TIP update, the agencies specified in this rule to participate in consultation, shall review whether past obstacles to implementation of Transportation Control Measures (TCMs) which are behind the schedule established in the applicable implementation plan are being overcome, and whether State and local agencies with influence over approval or funding for TCMs are giving maximum priority to approval or funding for TCMs. If necessary, consideration will be given as to whether delays in TCM
11

### implementation necessitate revisions to the applicable implementation plan to removeTCMs orsubstitute TCMs orotheremission reduction measures. (ii) 

### Where TCMs are to be included in an applicable implementation plan, a list · TCMs shall be developed by TOEC (and local air agencies, if applicable) in cooperation with the MPO, TOOT, or both. 8. Exempt projectswhich may be non-exempt: The MPO (orTOOT where applicable) shall commence consultation regarding potentially exempt projects to (occasionally, alternate schedules may be used with concurrence by participants): (i) Identify exempt project as defined by 40 CFR §93.126 Table 2, and 40 CFR §93.127Table 3; (ii) Identify exempt projects and categories of exempt projects which should be treated as non-exempt because they may have adverse air quality impacts and determine appropriate air quality analysis methodologies for analyzing such projects; (iii) Identify transportation Plan and TIP/STIP revisions which add or delete exempt projects, as defined in 40 CFR §93.126 Table 2and 40 CFR §93.127Table 3. The MPO (or TOOT where applicable), will seek consensus from the consultation participants if the project is believed to be exempt. This can be accomplished through electronic transmittal, providing for a minimum of fourteen (14) days for review. If requested, an additional fourteen (14) days will be provided for review, as well as any additional information needed to makethe determination. 9. Multi-jurisdictional consultation: Agencies specified in this rule will consult on emissions analysis for transportation activities which cross the borders ofMPOs or nonattainment areas orair basins. Where the nonattainment area crosses the boundaries of multiple MPOs, the MPOs shall share cooperatively the responsibilities of conducting conformity determinations on transportation activities. The MPOs will enter into a memorandum of agreement which will define the effective boundaries and the respective responsibilities for each MPO for regional emissions analysis. Adjacent MPOs of nonattainment or maintenance areas shall share information concerning airquality modeling assumptions and emissions rates that affect both areas. This provision also applies.to MPOs and TOOT where the nonattainment area extends beyond the MPO's boundary. TAPCO and/or local air agencies (where applicable) will initiate consultation with other states when nonattainmentareas extend beyond Tennessee's borders. 10. Projectdisclosure: (i)



### SS-7037 (January, 2009) The sponsor ofany potentially regionally significant project, and any agency that is responsible fortaking action(s) on any such project, shall disclose such project to TOOT or the MPO (whichever is. appropriate) in a timely manner. Such disclosure shall be made not later than the first occasion on which any of the following actions is sought: any policy board action necessary for the project to

·proceed, the issuance ofadministrative permits for the facility orfor construction

ofthe facility, the execution of a contract to design or construct the facility, the execution of any indebtedness for the facility, any final action of a board, commission or administrator authorizing or directing employees to proceed with design, permitting or construction ofthe project, or the execution of any contra-.-. to design or construct or any approval needed for any facility that is dependem on the completion of the regionally significant project. To help assure timely disclosure, the sponsor of any potential regionally significant project shall

. 12

## ) disclose to TOOT or the MPO (whichever is appropriate) on a schedule prescribed by TOOTor the MPO (whichever is appropriate), but no less than annually, each project for which alternatives have been identified through the NEPAprocess, and any preferred alternative that may be a regionally significant project. The consultation process shall include assuming the location, design concept and scope ofthe project, where the sponsor has not yet deCided these 

### ' features, in sufficient detail to allow the MPO (or TOOT) to perform a regional emissions analysis. This consultation process pursuant to this rule shall be initiated byTOOT, orthe MPO, where one exists; (ii) In the case ofany such regionally significant projectthat has not been disclosed to the MPO and other interested agencies participating in the consultation process in a timely manner, such regionally significant project shall not be · considered to be included in the regional emissions analysis supporting the current conformity determination and not to be consistent with the motorvehicle emissions budget in the applicable implementation plan orinterim budget.
11. Transportation model development:

12. An interagency consultation process in accordance with the interagency consultation procedures outlined in this rule shall be undertaken forthe design, schedule, and funding of research and data collection efforts related to regional transportation model development (such as household/ travel transportation surveys), to be initiated by MPOs (orTOOT, ifapplicable). Responding to significant comments: If the written response to a significant comment does not adequately. address the commenting agency's concerns, further consultation is to be conducted. If a regularly scheduled meeting is to be held within a reasonable time frame of the receipt of the significant comment, it should be made a part ofthat meeting's agenda and information on the issue will be forwarded to all involved agencies. If necessary, discussion and resolution of the significant comment will be considered a reason to convene a special meeting with the commenting agency as the requester and the agenda consisting ofthe significantcomment. (g) Resolving conflicts: Any conflict among State agencies or between State agencies and the MPO shall be escalated to the Governor if the conflict cannot be resolved by the heads of the involved agencies. All agencies involved shall make every effortto resolve any differences, including personal meetings between the heads ofsuch agencies or their policy-level representatives, to the extent possible. The appeal process described herein shall apply only to MPO (or TOOT) approved conformity determinations on the transportation plan, TIP, orprojects (including project-level determinations), including any documents directly related to determinations of conformity and conflicts between state agencies or between one or more state agency(ies) and the MPO. 

### 1. In the event that the MPO or TOOT determines that every effort has been made to addressTAPCD concerns and no further progress is possible, the MPO or TOOT shall notify the Director ofTAPCD in writing to this effect. The. memorandum shall delineate each unresolved issue to be appealed, and shall include, ataminimum: (i) (ii)

(iii)
SS-7037 (January, 2009) · Statethe legal basis ofthe issue/conflictand stepstaken to resolvethe conflict.
Relevant reference material needed to facilitate review and mediation of the conflict, including all relevant portions of state and federal law and regulations, conformity requirements, and any other relevantdocuments.
A description ofall reasonable alternatives and supporting data and justification for each alternative. Quantify and document the need for the recommended 

### 13

### alternative consistent with the Clean Air Act of 1990 et seq. and the applicable state and federal laws and regulations. (iv) Explain the consequences of not reaching aresolution.
2. If conflicts concerning conformity determinations cannot be resolved by the interagency consultation procedures, then the State air agency shall notify the agency or agencies involved in the conflict of its intent to escalate the conflict resolution to the office of the Governor. 3. Thefourteen (14) calendardaywindowshall commence: (i) On the date that the Technical Secretary of TAPCD and head of the agency or agencies involved in the conflict officially agree that the conflict cannot be resolved, or (ii) One or more agencies other than TAPCD request the start of the fourteen (14) day clock on a specified date, after notifying all other agencies involved oftheir intent, and TAPCD agrees. · 4. IfTAPCD does not contact the office of the Governor within the fourteen (14) calendar daywindow, then the issue in conflict is considered to be resolved in favor ofthe agency in conflictwith TAPCD.
5. The Governor may delegate his or her role, but notto the head orstaffofTAPCD, TDOT, astate transportation commission or board, oran MPO. 6. TAPCD shall notify involved parties ofthefinal decision bythe office ofthe Governor.
7. In the case of interstate nonattainment areas, ifthe conflict involves agencies outside · Tennessee, and the conflict cannot be resolved by the affected agency heads, 

### tl. conflicts may be resolved in a manner mutually agreed to bythe parties involved. (h) Public participation:
1. Each agency subject to conformity shall provide the general public a window of opportunity no less than thirty (30) days to review and comment on new conformity determinations before formal action (approval orendorsement by an executive committee ofthe MPO, orwhere no MPO exists, TDOT management, for submission to FTA/FHWA for their finding) is taken on all transportation plans, TIPs and STIPs, consistent with these requirements and those of23 CFR §450.316(a). Acomment period of no less than fourteen (14) days will be made available to the public on amendments to conformity determinations and associated documents. TAPCD and local airagencies shall offerthe public the same opportunity to comment before final action on SIPs which may have a direct or indirect effect upon the motor vehicle emissions budget for an area subject to conformity. The notification process shall include, at a minimum, public notices and submittals to public depositories. In addition, all public ·comments that specifically address known plans for a regionally significant project, which is 

### not receiving FHWA or FTA funding or approval, have not been properly reflected in the emissions analysis supporting a proposed conformity determination for atransportation plan orTIP, must be responded to, in writing, within thirty (30) days ofthe end ofthe comment period.
2. The public participation procedure defined in part 1 of this subparagraph shall not be construed as superseding public involvement procedures already in effect for agencies subject to the conformity consultation process, such as the MPOs' citizen involvement process, the Uniform Administrative Procedures Act (TCA 4-5-101 et seq.), thP

. Tennessee Sunshine Law (TCA 8-44-101 et seq.), or any other established proce.-·-. which already meets or exceeds these standards. In addition, this subparagraph does not apply to project-level conformity determinations subject to NEPA where a NEPA public participation process exists. SS-7037 (January, 2009) 14

## :
3. The public or ariy interested party may also inspect any ofthe documents related tothe conformity process upon request; any charges imposed on the public for inspection or copying documents related to the conformity process shall be consistent with (or no greaterthan) the fee schedule contained in 49 CFR §7.43. Authority: §**68~201-1**

### 05.

Icertify thatthe information included in this filing is an accurate and complete representation ofthe intent and scope of rulemaking proposed bythe agenqy.

# Sign~::::**:~::~:~:: ~=t:=j======**  Name ofOfficer:**.-"'Ba~r_,_;ryLR'-"-'.** 

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