1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street Philadelphia, Pennsylvania 19103

DATE: September 21, 2011

SUBJECT: Technical Support Document for Virginia’s Regulations for

Transportation Conformity

FROM: Gregory Becoat, Environmental Sc ientist /s/

Office of Air Program Planning

TO: File

THRU: Cristina Fernandez, Associate Director /s/

Office of Air Program Planning

A. BACKGROUND

On June 13, 2011

, the Virginia Department of Environmental Quality (VADEQ)

submitted a revision to the Virginia State Implementation Plan (SIP ) . The SIP revision amends existing regulation 9VAC5

- 151 (Transportation Conformity) in order to incorporate federal revisions to transportation conformity requirements

. The effective date of this regulation is Mar ch 17, 2010

.

Transportation conformity is required under the Clean Air Act (CAA) section 176(c) (42 U.S.C. 7506(c)) to ensure that transportation plans, transportation improvement programs (TIPs) and federally supported highway and transit project activit ies are consisten t with the purpose of the SIP. Metropolitan planning organizations and the United States Department of Transportation must demonstrate that such plans, programs, and projects conform to Virginia’s SIP. Conformity to the purpose of the SI P means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the relevant national ambient air quality standards (NAAQS) or any interim milestones. Transportation conformity app lies to areas that are designated nonattainment and those areas redesignated to attainment for transportation

- related criteria pollutants: carbon monoxide (CO), ozone, nitrogen dioxide (NO 2 ) and particulate matter (PM 2.5 and PM 10 ).

On October 17, 2006, E nvironmental Protection Agency ( EPA ) promulgated a final rule

that strengthened the 24

- hour PM 2.5 NAAQS and revoked the annual PM 10 NAAQS (71 FR 61144). As a result of this rulemaking, EPA promulgated amendments to the transportation conformity rule in or der to provide regulations for i mplementing2

conformity for the revisions to the PM 2.5 and PM 10 NAAQS and to address hot

- spot analyses as a result of a remand from the Court of Appeals for the District of Columbia Circuit (March 24, 2010, 75 FR 14260).

U nder 40 CFR 51.390, the Commonwealth of Virginia is required to submit a SIP revision to EPA in order to establish conformity criteria and procedures consistent with the transportation conformity regulation promulgated by EPA at 40 CFR part 93. In

order t o implement the federal transportation conformity requirements, Virginia’s regulation must reflect the most recent rulemaking promulgated by EPA.

B. STATE SUBMITTAL:

Amendments to 9VAC5

- 151

- 40

– General

The revision amends 9VAC5

- 151

- 40 administrative ly in order to change the date of the specific version of the provisions incorporated by reference from CFR (2008) in effect July 1, 2008 to CFR (2010) in effect July 1, 2010.

Amendments to 9VAC5

- 151

- 70

– Consultation

Section 9VAC5

- 151

- 70 specifies how var ious government agencies, federal, state and local, interacts and consults with the public and each other in developing transportation plans and projects. The revision amends 9VAC5

- 151

- 70 in order to change conformity tests and methodologies for isolated rural nonattainment and maintenance areas as required by 40 CFR 93.109(1)(2)(iii) to as required by 40 CFR 93.109(n)(2)(iii).

C . CONCLUSIONS AND RECOMMENDED AGENCY ACTION:

This SIP revision satisfies all requirements for an acceptable SIP. EPA evaluate s that

amendments to 9VAC5

- 151 (Transportation Conformity) contains the required elements for a federally enforceable rul e. The amendments incorporate federal revisions to transportation conformity requirements and establish conformity criteria and proced ures consistent with the transportation conformity regulation promulgated at 40 CFR part 93.

EPA approval of the SIP revision is recommended.