Attachments: . 

Attachment 1: Evidence that the state has adopted the revision 

. 1.1 Staff Report, Agenda Item M of the February 18-19,2010 EQC Meeting 

See also Certificate and Order for Filing Permanent Administrative Rules 

in Attachment 4.2 

Attachment 2: Evidence that the State has the necessary legal authority 

See Attachment 1.1 Commission authority (page 2 of Staff Report, Agenda Item 

M of the February 18-19, 2010 EQC Meeting) 

Attachment 3: Provisions Submitted for Approval 

(3.1 - 3.2 Redline/strikeout version or amended and repealed SIP rules, 3.3 - 3.4 

Amended and repealed SIP rules submitted to SOS) 

Repealed Rules are cited in Italics 

3.1 Transportation Conformity: OAR 340-252-0020, 340-252-0030, 340-252-

0040, 340-252-0050, 340-252-0060,340-252-0070,340-252-0080, 340-

252-0090, 340-252cOlOO, 340-252-0110, 340-252-0120, 340-252-0130, 

340-252-0140, 340-252-0150, 340-252-0160, 340-252-0170, 340-252-

0180, 340-252-0190, 340-252-0200, 340-252-0210, 340-252-0220, 340-

252-0230,340-252-0240, 340-252-0250, 340-252-0260, 340-252-0270, 

340-252-0280, 340-252-0290. 

3.2 General Air Pollution Procedures & Definitions (SIP Rule): OAR 340-

200-0040. 

3.3 Final Version of Amended Transportation Conformity Rules. 

3.4 Final Version of Amended SIP Rule. 

Attachment 4: Evidence that the State followed the Administrative Procedures Act 

4.1 Public notice in the Secretary of State's Oregon Bulletin November 01, 

2009 

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed 

March 5, 2010. 

Attachment 5: Evidence of adequate public notice 

5.1 Affidavit of Publication: The Oregonian, Notice of publication on October 

20,2009. 

Attachment 6: Certification of public hearing 

See paragraph three of cover letter and Attachment 7.1 

Attachment 7: Compilation of Public Comments and Department's Response 

7.1 Presiding Officer's RepOli for Rulemalcing Hearing dated December 2, 

2009. 

7.2 Surmnary of Public Comment and Agency Response dated January 11, 

2010. 
Evidence that the State has the Necessary Legal Authority 

1.1 (page 2 of Staff Report, Item M of the 

x Provisions Submitted for Approval 

(Attachments 3.1 to 3.2: Redline/strikeout version of rules; Attachments 3.3 3.4: Amended rules 

submitted to 

X 3.1 Transportation Conformity: OAR 340-252-0020, 340-252-0030,340-252-0040, 340-252-0050, 

340-252-0060,340-252-0070,340-252-0080, 340-252-0090, 340-252-0100, 340-252-0110, 340-

I£J£-U./LU, 340-252-0130, 340-252-0140, 340-252-0150, 340-252-0160, 340-252-0170, 340-252-

80,340-252-0190,340-252-0200. 340-252-0210, 340-252-0220, 340-252-0230, 340-252-

State followed the Administrative Procedures Act 

X 4.1 Public notice io the Secretary of State's Oregon November I, 2009. 

X 4.2 5,2009 

X 5 Evidence Public Notice 

X 5.1 Affidavit of Publication: The Oregoni;m, Notice of publication on October 20, 2009. 

X 6 Certification of Public He'lfinl~ 

X See 7.1 

X 7 Compilation of Public and Department's 

X 7.1 Presidiog Officer's Report for Rulemakiog Hearing dated December 2, 2Q09. 

7.2 Summary of Public Comment and Agency Response dated January 11, 2010 
Attachment 1 

Evidence the State has Adopted the Revision 

1.1 Staff Report, Agenda Item M of the February 18-19,2010 EQC Meeting. See also 

Certificate and Order for Filing Permanent Administrative Rules in Attachment 4.2 

Attachment 1.1, pg. 1 

State of Oregon 

Department of Environmental Quality Memorandum. 

Date: 

To: 

From: 

Febmaty 1,2010 ./" 

Environmental QuailtyCff.l i;~SSi~ V 

Dick Pedersen, Director r 

Subject! Agenda item M, Acliun jtem: Transportation conformity rule adoption 

Fcbmary 18-19, 2010EQCmeeting 

WlIytltis ill 

impm1lll1t 

IlEQ 

m:ommendalloll 

and EQC mollon 

Background and 

needful" 

rnlemoddng 

Transportation conformity is the process required by the ('lean Air Act that limits 

vehicle pollution Jl:OIll new IfMsportation projects to an amount that will not 

exceed. nmional air qualily 8ll1ndards. Confonnity rnles apply only to areas that 

Imve violated federal air quality standards. 

The Depm1meul ofBnvironmental Quality recOI!IJI](mds tlmt the Environmental 

Quality Co1lll1lission adopt proposed moditications tlm! amend and repeal 

Oregon's transportation confonnity.rules as presented in Attachment A and submit 

them to the US EnvirotllllcntalProtection Agency as arevislon 10 Oregon's Stale 

Implementation Plan. 

When the Environmental Protection Agency adopted federal transportation 

confonnity rules in 1993, they required sMes to adopt Identical rules as port of' 

their state implementation plans. Since fuen, EPA has repeatedly modified federal 

mles, creating increasing differences between slate and &deral regulations. The 

differences are typically minor; however, they can prevenl transportation planning 

agencie~ from taking advantage of new federal provislollS that improve 

administrative efficiency. 

111.2008, EPA modified federal rules to require states In adopt only C<lrt.ain parts of 

the cOnformity rules as slate regulations. Passages that pertain t(l Oreg(lu-speoifie 

conditions, such as fuose describing interagency oonslIltatlon aud any 

requirements that are mOte restrictive than. federal minimum stnndards, must be 

retained as state rules. 

Tnrespollseln the changed requiremel1/s, DEQ is proposing to repeal. state rules 

tllll! duplicate federa! measures, allOwing the federal confonnily rules to govern. 

This will reduce differences ootween state illld federal regulations and allow 

transportation planners to apply future clmnges to the federal rules as soon as EPA 

approves them, This \vill also reduce the frequency with which DEQ updates 

Oregon's ccmformity nIles. 

Oregon's transportation planning agencies are interested in USillg a new provision 

Item M 000001 
Attachment 1.1, pg. ~ 

Action item: Transportation conformity rula adoption 

February 18-19, 2010 EQC mOOIng 

Page 2 013 

in fedeml rules thIlt eKwnds the maxlmUlll period hetween cOllfonuity lUlalyses II) 

fuur years from the present three-year limit. The four-year interval betle! coincides 

with the schedul~ for other traIlsportlllion plaonill!l duties, ilild wlllnot weakilil the 

environmentalproreetlon of a robustconrormity PIOCe&!. Repealing the bulk of 

slare requirements will allow transportation agencies to take adVlUllage of this and 

other updated provisions immedialely. 

lITe<! .fnil. Tills mlenmking would streamlioe requirements for transportation planning 

agencies. These include Oregon Department of "fransportation, Portlmd·area 

Metro, Lane Council of G01'Ul!lmell1s, Mid Willll.lnetw Vruley COl!ncil of 

Governments, and Rogue Valley Council of Governments. Chaages include 

lengthenll1g the lnterval between confoil1lity demollstmtiollS from three to fOUl 

years, allowing a one-'year grace period for areas newly subjeetto eonfatmity and 

simplifying requirements [or localIzed "hot spot" analyS(l'). The pm\l()sed rules 

allow transpot"tlltion planners to forego a bal·.pot analysis if they can demQllStrate 

a p!I<joel belo.ngs to a category ofprojocts that has mInimal air quality effects. 

Responsibility for l:!1!nsportation planniog in Grants Pass will tr!Ulsfcr .from Rogue 

Valley Conocil of Governments to ODOT altho connell's I~Uest. 

Commission The cormnlsrion has aulhority 10 take this actiQIl. undet ORS 468.0.2(). 

authorily 

Stak.holder DEQ developed the proposed mle changes over the Cotme offcut meedngs of 

involvem •• t Oregon's tran.porlatiou planning ugencies and the Federal Highway 

Administration. DEQ also consulted with TIP A, Lane Regional Air Prolectiol1 

Allency and the Oregon Environmental Council. At the end of the consultation 

process, stakeholders agreed that the changes reflected in this staff report should 

be proposed for a"doption. 

Public eomme.Dt DEQ held a public comment period from October 20 to November 30, 2009, and 

included a public hearing in Portland. After the oomment period closed, DEQ 

discovered many inletaled rule deletions bad bCIUl!oadvertently omitl'ld from the 

proposed rules provided for comnlent. DEQ corrected the proposed rules 011 

December 22, 2009lllld llotified interested parties the agency would accept tllrther 

comments on this additional information until January 8, 2010. Results of public 

input nre provided In Attachment B. 

Key WIltJ8 Most of Oregon's confoil1lity requirements wlll be the same asfudetai rules. This 

proposal, however. roomins a provision that would be more enviromuentally 

prQwctive than the federal minimum Specifically, under certnin circllmstanoos the 

EPA's transportatioll conformity rules allow a transportation planning ageney to 

shorten All air qnality analysis period from 20·pllJS years into the fumre to as few 

as 1 o year!. Federal rules allow the shorter period to he applied at the election of 

Item M 000002 
Attachment 1.1, pg. 3 

Action Item: Transportation conformity rule adoption 

February 18·19, 2010 EQC meettng 

Page 3 of 3 

Next steps 

AtIllehm •• ts 

Available Urfill 

t'C(luest 

Ihe ll1lJlSportation planning agency aller ooflSulting with the applicahle air 

pollution agency. DEQ'. mlemakingproposnl is mom re,trictiw in that tho 

shorter Ill1lIlysis period would be allowed only after consultation with. and approval 

of the applicable air pollution control agency. 

DEQ views along analysis period .ssential to lho purpose of oonforrnJty. 'I1re core 

principle of conformity is to en""", thattom'portation planacrs evalua1e tho air 

pollutio" generated by new highways or othortransporlat1on facilities, and keep 

vehide emissiOl" within !he level needed to meet national nir quality standard,. 

Often the fuU air quality consequence. of a new Iransportation system ormajor 

proj ec( ca"ool be seen in !he first ten years. Enviromnental effect, ·take decade, to 

mature because the Rverage American drives 1.5 percent more each year and 

Oregon's population is projected 10 grow 1.4 percent per yearunlil2030. Highway 

expansion also intensifies the use of surrounding land, which stimulat .. addltlonal 

traffic. For these reasOllS, DEQ considerS itlo"J'propriate to shorten a eonfurillity 

analysis period without agreement of the releVllnl air quality agency, either DEQ 

or the L<m. Regional Air Protection Ageney. 

If adoptad by EQC, DEQ will file the rule modificntlOl" willi the Oreg,," 

Seeretary of Slale and submit them (0 EPA Region 10 .... revision w the Oregon 

Slate Implomentation Plan. Upon approval by EPA, DEQ will implernonithe 

changes as modifications in Oregon's existing tmn'portation conformily program. 

A. Proposed rule revisions 

B. SWnmJll')' of public commonlS and 'SOlley r.,ponse, 

C. Advisory oommittee membership and any written reoommendation 

D. Presidins Office,'. ,eport on public bearings 

E. Relationship to redoral re<luirements questions 

F. Statement of need and fiscal and economic impact 

G. Land use evalrnilion sta!ement 

I. Legsl notice ofhoari"ll 

2. Cover memorandum from public notice 

3. Written co.mments: received 

Approved: 

~~/ ~JJ'At/'Vl 

Section: 

Diyision: 

Report prepared by: Dave Nordberg 

Phone: (503) 229-5519 

Item M 000003 

Attachment 2 

Evidence that the State has the Necessary Legal Authority 

See Attachment 1.1 Commission authority (page 2 of Staff Report, 

Agenda Item M of the February 18-19,2010 EQC Meeting) 

Attachment 3 

Provisions Submitted for Approval 

3.1 and 3.2. Redline/strikeout version of amended and repealed SIP rules. 

(Repealed Rules are cited in Italics) 

3.1 Transportation Conformity: OAR 340-252-0020, 340-252-0030,340-252-

0040, 340-252-0050, 340-252-0060, 340-252-0070, 340-252-0080, 340-

252-0090,340-252-0100,340-252-0110, 340-252-0120, 340-252-0130, 

340-252-0140, 340-252-0150, 340-252-0160, 340-252-0170, 340-252-

0180,340-252-0190,340-252-0200, 340-252-0210, 340-252-0220, 340-

252-0230,340-252-0240, 340-252-0250, 340-252-0260, 340-252-0270, 

340-252-0280, 340-252-0290. 

3.2 General Air Pollution Procedures & Definitions (SIP Rule): OAR 340-

200-0040. 

3.3 and 3.4. Amended and repealed SIP rules submitted to SOS 

3.3 Final Version of Amended Transportation Conformity Rules. 

3.4 Final Version of Amended SIP Rule. 
2 
Attachment 3.1, pg. 1 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DIVISION 252 

TRANSPORTATION CONFORMITY 

34 g 252 QQ.2l) 

Applicability 

(1) Action applicaeility. Except as provided for in section (3) of this rlolle or OAR 340 

252 0270, conformity determinations are reqlolired for: 

(a) The adoption, acceptance, approval or support of transportation plans and 

transportation plan amendments develefled pmsuantto 23 eFR Part 45Q or 49 eFR 

Part 613 ey an MPO or a DOT; 

fl:l1-The adoption, acceptance, approval or support of TIPs and TIP amendments 

developed plolrslolantto 23 eFR Part 450 or 49 eFR Part 613 ey an MPO or DOT; and 

(c) The approval, funding, or implementation of FHVVNFT/\ transportation projects or 

re!:!ionally si!:!nificant flrojects by a reciflient of flolnds Iolnder title 23 U .S.C. 

(2) Geographic i\pplicaeilily. 

(a) The provisiens of this division shall apply in all nonattainment and maintenanw 

areas for transportation related criteria poilioltants for which the area is desi!:!nated 

nonattainment or has. a maintenance plan. 

(e) The provisions of this rlolle apply with respect to emissions of the following criteria 

poilioltants: ozone,-Bareon monoxide, nitrogen dioxide, and particles with an 

aerodynamio diameter less than or eqlolalto a nominal 1 0 micrometers (PM41l}-.-

(c) The provisions of this rlolle apply with respect to emissions of the follO'.ving preololrsor 

pol\loltants: 

(A) Volatile organic compounds and nitrogen oxides in ozone areas; 

(El) ~liIrogen oxides in nitrogen dioxide areas; and 

(C) Volatile organic compounds, nitrogen oxii::les, and PM41l in PM41l areas if: 

fi)-+he-EPA Regional Administrator or tile director of the Department of Environmental 

Quality, or the director of any other regional air authority has mai::le a finding, inoluding a 

finding in an applioat>le implementation plan or a submitted implementation plan revisiGfl 

that transportation related preoursor emissions 'o'o'ithin the nonatlainment area are a 
Attachment 3.1, pg. 2 

significant contributor to the PM.jQ nonattainment problem and has so notified the MPO 

and DOT; or 

(ii) The applicable implemenMon plan, or implementation plan submission,establishes 

a budget for such emissions as part of the reasonable further progress, attainment or 

maintenance strategy. 

w-+Re provisions of this division apply to maintenance areas for 20 years from the date 

EPA approves the area's request under section 107(d) of the CAA for redesignation to 

attainment, unless the applicable implementatien plan sj3ecifies that the provisions of 

this division shall apj3ly for more than 20 years. 

(3) Limitations. 

(a) Projects subject to this regulation for whish the NEPA prosess and a sonformity 

determination have been completed by DOT may j3roceed to' .... ard implementation 

without further conformity determinations unless more than three years have elaj3sed 

since the most recent major step (NEPA process completion; start of final design; 

acquisition of a significant portion of the right of way; or approval of the plans, 

specifications and estimates) occurred. All phases of such projects which were 

considered in the conformity determination are also included, if those phases 'Nere for 

the purpose of funding final design, right of way acquisition, construction, or any 

combination of these phases. 

(b) A new conformity determination for the project ' .... iII be required if there is a significant 

change in project design concept and scope, if a supplemental environmental document 

for air quality purposes is initiated, or if three years have elapsed since the most recent· 

major step to advance the project occurred. 

[NOTe: This rule is included in the State of Oregon Clean Air Act Implementatien Plan 

as Adopted by the Environmental Quality Commission under OAR 340 200 0040.] 

Stal. Auth.: ORS 46B.020 

Stats. Implemented: ORS 46BA.035 

Hisl.: DEQ 71995, f. 8. cer!. ef. 3 29 95; DEQ 17 199B, f. 8. cert. ef. 9 23 98; DEQ 14 

1999, f. 8. cert. ef. 10 14 99, Renumbered from ;HO 020 0730 

340-252-0030 

Definitions 
Attachment 3.1, pg. 3 

The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. If the 

same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule 

applies to this division. 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 regulations, 

or other DOT regulations, in that order of priority. 

(1) "Air pollution control agency" has the meaning given that term in section 176(c)(7)(E) 

of the FCAA. 

j1) "Applicable implementation plan" is defined in section 302(q) of the GAl'. and means 

the portion (or portions) of the implementation plan, or most recent revision thereof, 

which has been approved under section 110, or promulgated under section 11 O(c), or 

promulgated or approved pursuant to regulations promul§ated under section 301 (d) and 

which implements the relevant requirements of the GlIA. 

(2) "G/\A" means the Glean Air Act, as amended (42 U.S.G. 7401 et seq.). 

(3) "Gause or contribute toa new violation" for a project means: 

(a) To cause or contribute to a new violation of a standard in the area substantially 

affected by the project or over a region which ' .... ould otherwise not be in'violation of the 

standard during the future period in question, if the project were not implemented; or 

(b) To contribute to a new violation in a manner that ' .... ould increase the frequenGy or 

severity of a ne' .... violation of a standard in such area. 

(4) "Glean data" means air quality monitoring dllta determined by EP/\ to meet the 

fO€t1olirements of 40 CFR part 511 that indiGate aitainment of the national ambient air 

quality standard. 

G~l}) "Consult" or "consultation" means that the party or parties responsible for 

consultation as established in OAR 340-252-0060 shall provide all appropriate 

information necessary to making a conformity determination and, prior to making a 

conformity determination, except with respect to a transportation plan or TIP revision 

which merely adds or deletes exempt projects-listed in O/\R 340 252 0270, consider the 

views of such parties and provide a timely, written response to those views. Such views 

and written responses shall be included in the record of decision or action. 

j6) "Control strate§y implementation plan" or "control strategy implementation plan 

revision" is the applicable implementation plan which contains specific strate§ies for 

controlling the emissions of and reducing ambient levels of pollutants in order to satisfy 

. CAA requirements for demonstrations of reasonable further pro§ress and attainment 

(GM §§ 182(b)(1), 182(c)(2)(/\), 182(c)(2)(B), 187(a)(7), 189(a)(1 )(B), and 1 89(b)(1 )(A); 

and §§ 192(a) and 192(b), for nitro§en dioxide). 

(;;!,7) "DEQ" means the Department of Environmental Quality. 
Attachment 3.1, pg. 4 

.(8) "Design concept" means the type of facility identified by the p~eot, e.g., free'~/ay, 

expressway, arterial highway, grade separated high'Nay, reserved Fight of way-r-ail 

transit, mixed traffic rail transit, exclusi'Je busway, etc. 

(9) "Design scope" means the design aspects of a facility whiGH....>,,>,ill affect the proposed 

facility's impact on regional emissions, usually as they relate to vehicle or person 

carrying capacity and control, e.g., number of lanes OF tracks to be constructed or 

added, length of project, signalization, access control including approximate number 

and location of interchanges, preferential treatment for high occupancy vehicles, etc. 

(10) "DOT" means the United States Department of Transportation. 

(11) "EPA" means the Environmental Protection Agen~ 

(12) "PHV'IA" means the Pederal Highway Administration of DOT. 

(13) "PHWNPTP. project" for the purpose of this division, is any highway or transit 

project which is proposed to receive flolnding assistance and approval through the 

Pederal Aid Highway program or the Pederal mass transit program, or requires Pederal 

High' .... ay Administration (PHVVA) or Pederal Transit Administration (PTA) approval for 

some aspect of the projeot, such as connection to an interstate highway or deviation 

from applicable design standards on the interstate system. 

(14) "PTA" means the Pederal Transit Administration of DOT. 

(1 Ii) "Porecast period" with respect to a transportation plan is the period covered by the 

transportation plan pursuant to 23 CFR Part 450. 

(16) "Highway project" is an undertaking to implement or modify a highway facility-t>r 

highway related pro§Fam. SucR an undertaking consists of all required phases 

necessary for implementation. Por analytical purposes, it must be defined sufficiently to: 

(a) Connect logical termini and be of sufficient lengtR to address environmental matters 

on a broad scope; 

(b) Have independent utility or significance, i.e., be usable and be a reasonable . 

expenditure even if no additional transportation improvements in the area are made; aM . 

(c) Not restrict consideration of alternatives for otRer reasonably foreseeable 

transportation improvements. 

(17) "Horizon year" is a year for which the transportation plan describes the envisioned 

transportation system in accordance with OAR 340 252 0070. 
Attachment 3.1, pg. 5 

(18) "Hot spot analysis" is an estimation of likely flltllFO 10Galized CO and PM4l) polilltant 

concentrations and a comparison of those concentrations to the national ambien-t-aif 

qllality standards. Hot Spot /\nalysis assesses impacts on a sGale smaller than the 

entire nonattainment or maintenance aFOa, incillding, for example, congested roadway 

interseGtions and highways or transit terminals, and llses an air qllality dispersion model 

to determine the effects of emissions on air qllalily. 

(19) "lnGFOase the freqllenoy or severity" means to GallSe a location or FOgion to exceed 

a standard more often or to calise a violation at a greater concentration than pFOviously 

OJ<isted and/or wOllld otherwise exist dllring the futllFO period in question, if the projeGI 

'NeFO not implemenled. 

(20) "Lapse" means Ihallhe conformity determinalion for a transportation plan or TIP 

has expiFOd, and thllS theFO is no cllrFOntly Gonforming transportation plan and TIP. 

(21) "Lead Planning Agency" means an agency designated pllrsllant to section 174 of 

the Clean Air AGt as responsible for developing an applicable implementation plan. 

(22) "MaintenanGe area" means any geographic FOgion of the United States pFOviollSly 

designated nonatlainment pllrsllant to the CAA Amendments of 1990 and subseqllently 

FOdesignaled 10 attainment sllbjeet to the FOqllirement to develop a maintenanGe plan 

llnder § 175/\ of the C/\/\, as amended. 

(23) "Maintenance plan" means an implementation plan adopted by the Environmental 

Qllality Commission, endorsed by the Governor and sllbmitled to EPl\ llnder section 

175(a) of the CAlI" as amended. 

(24) "Maximllm priority" means thai all possible aGtions mllst be taken to shorten the 

time periods necessary to complete essential steps in TCM implementation for 

Olffimple, by increasing the funding rate even thollgh timing of other projeGts may be 

affeoted. It is not permissible to have prospeotive diserepancies with the SIP's TCM 

implementation schedllie dlle to lack of funding in the TIP, lack of oommitment to the 

project by the sponsoring agency, llnreasonably long periods to Gomplete flltllre work 

dlle to lack of staff or other agency reSOllrees, lack of approval or Gonsent by local 

governmental bodies, or failllre to have applied for a perrnit where neGessary work 

preliminary to slloh applioation has been completed. HowovoF;--I.vhere statm"lide and 

metropolitan funding FOSOllrGeS and planning and management capabilities are fllily 

consllmed, within the flexibilities of the Intermodal Sllrface Transportation Efficiency Aot 

(lSTEA), with FOsponding to damage from natllral disasters, Givilllnrest, or terrorist aGts, 

TCM implementation can be determined to be timely withollt regard to the above, 

provided reasonable efforts are being made. 

(25) "Metropolitan area" means any area ' .... here a metropolitan planning organization 

has been designated. 
Attachment 3.1, pg. 6 

(26) "Metropolitan planning organization" or "MPO" is that organization designated as 

being responsible, together 'Nith the atate, fer conducting the-coffiiAuing, cooperative, 

and compreheAsive planning process under 23 U.S.C. 134 aAd 49 U.S.C. 5303. It is the 

ferum fer oooperative transportation decision making. 

(27) "Milestone" has the meaning given in § 182(g)(1) and § 189(0) of the CiV'. /\ 

milestone consists of an emissions level and the date on which it is required to be 

aohieved. 

(28) "Motor vehiole emissions budget" is that portion of the total allowable emissions 

defined in the submitted or appro"ved oontrol strategy implementation plan revision or 

maintenance plan fer a certain date fer the purpose of meeting reasonable further 

progress milestones or demonstrating attainment or maintenance of the ~JA/\Qa, fer 

any criteria pollutant or its preoursors, allocated to highway and transit vehicle use and 

emissions. 

(29) "~Jational ambient air quality standards" or "N/\/\Qa" are those standards 

established pllrsuantto § 109 of the CAA. 

(30) "NEPA" means the National Environmental Policy Act of 1 969, as amended (42 

U.a.C. 4321 et seq.). 

(31) "~JEPA process completion" with respect to PHVV/\ or PiA, means the point at 

which there is a specifio action to make a final determination that a projeot is 

categorically exoluded, to make a Pinding of No aignificantlmpact, or to issue a record 

of decision on a Pinal Environmental Impact atatement wnder NEP/\. 

(32) "Nonattainment area" means any geographic region of the United States whioh has 

been designated as nonattainment under § 107 of the C/\/\ fer any pollutant fer whioh a 

national ambient air quality standard exists. 

(4~) "ODOT" means the Oregon Department of Transportation. 

(~) "Policy level official" means elected officials, and management and senior staff 

level employees. 

j35) "Project" means a high'Nay project or transit project. 

(36) "Protective finding" means a determination by EPA that a sllbmitted control 

strategy implementation plan revision contains adopted control meaSllres or written 

commitments to adopt enferceable control measllres that fully satisfy the emissions 

reductioAs requirements relevant to the statlltory provision fer ' .... hich the implementation 

plan revision was submitted, such as reasonable further progress or attainment. 

(37) "Recipient of fllnds designated under title 23. U.a.C. or the Pederal Transit Laws" 

means any agency at any level of atate, COllAty, city, or regional government that 
Attachment 3.1, pg. 7 

routinely receives title 23 U.S.C. or Feaeral Transit Laws tunas to construct FHWA/FTA 

projects, operate FHWA/FTA projects or equipment, purchase equipment, or unaertake 

other services or operations via contracts or agreements. This aefinition aoes not 

incluae private lanaowners or aevelopers, or contractors or entities that are only paia for 

services or proaucts createa by their own employees. 

(§~) "Regional air authority" means a regional air authority established pursuant to 

ORS 468A.105. 

J39) "Regionally significant project" means a transportation project, other than an 

exempt project, that is on a facility which serves regional transportation neeas, such as 

access to ana from the arOa outsiae the region, major aeti'Jity centers in the region, 

major plannea aevelopments such as new retail malls, sports complQ)(Qs, etc., or 

~ion terminals as well as most terminals-themselves, ana woula normally be 

includea in the modeling of a metropolitan area's transportation network, incluaing at a 

minimum: 

(a) All principal arterial highways; 

(b) /\11 fixed guide ..... ay transit facilities that offer an alternative to regional highway travel; 

anG 

(c) Any other facilities determinea to be regionally sif)nificant through interagency 

consultation pursuant to OAR 340 252 0060. 

[NOTE: l\ project that is included in the moaeling of an area's transportation netW9fk 

may not, subjeet to interaf)ency consultation, be considerea regionally significant 

because it is not on a facility which serves regional transportation needs.] 

(40) "Safety mal1lin" means the amount by which the total projected emissions from all 

sources of a given pollutant are less than the total emissions that 'Nould satisfy the 

applicable requirement for reasonable further progress, attainment, or maintenance. 

(Z4+) "Scope" means "design scope" as defined in section (9) of this rule 40 CFR 

93.101 when the term follows "design concept and ... ". 

J42) "Stanaara" means a national ambient air quality stanaard. 

(43) "Transit" is mass transportation by bus, rail, or other conveyance ' .... hich proviaes 

general or special service to the public on a regular ana continuing basis. It does not 

incluae school buses or charter or sightseeing serlfiGe&.. 

(44) "Transit project" is an undertaking to implement or moaify a transit facility or transit 

relatea program; purchase transit vehicles or equipment; or proviae financial assistance 

for transit operations. It aoes not include actions that are solely within the jurisaiction of 
Attachment 3.1, pg. 8 

loeal transit ageneies, sueh as changes in routes, schedules, or fares. It may eORsist of 

several phases. For analytieal purposes, it must be defifle€i.-tA~ 

(a) Conneo! logieal termini and be of suffioient length to address environmental matters 

on a broad scope; 

(b) Have independent utility or independent significanoe; i.e., be a reasonable 

expenditure even if no additional transportation improvements in the area are made; 

and 

(0) Not restriot eonsideration of alternatives for other reasonably foreseeable 

transportation improvements. 

(45) "Transportation oontrol measure" or "TCM" is any measure that is speoifieally 

identified and committed to in the applioable implementation plan that is either one of 

the types listed in section 108 of the C/V\, or any other measure for the purpose of 

reduoing emissions or ooncentrations of air pollutants from transportation sou roes by 

reduoing vehicle use or changing traffic flow or congestion conditions. Notwithstanding 

the first sentence of this definition, vehicle technology based, fuel based, aoo 

maintenance based measures which control the emissions from vehicles under fixed 

traffic conditions are not TCMs for the purposes of this division. 

(46) "Transportation impro'.'ement program" or "TIP" means a staged, multiyear, 

intefmedal·program of transportation projocts covering a metropolitan planning area 

which is consistent with the metropolitan transportation plan, and developed pursuant to 

23 CFR Part 450. 

(47) "Transportation plan" means the official intermodal metropolitan transportation plan 

Ihat is developed throu!jh Ihe metropolitan planning process for the metropolilan 

planning area, developed pursuant to 23 CFR Part 450. 

(48) "Transportation project" means a roadway project or a transit project. 

(49) "VMT" means vehicle miles traveled. 

(50) "VVritten commitment" for the purposes of this division means a written commitment 

Ihat includes a description of Ihe aotion to be taken; a demonstration that funding 

necessary to implement the action has been authorized by the appropriatin!j or 

authorizing body; and an acknowledgment that the commitment is an enforceable 

obligation under the applicable implementation plan. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as Adopted by the Environmental Quality Commission under OAR 340-200-0040.] 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.035 
Attachment 3.1, pg. 9 

His!.: DEQ 7-1995, f. & cer!. ef. 3-29-95; D!=Q 17-1998, f. & cert. ef. 9-23-98; DEQ 14-

1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0720 

3402520040 

VVhen assisting-er approving any action with air quality related Gom;equences, FHW/l, 

and FTA shall give [:lriority to the im[:llementation of those trans[:lortation [:lortions of an 

a[:l[:lliGable im[:llementation [:llan pre[:lared to altain and maintain the NAAQS. This 

[:lriority shall be Gonsistent with statutory req~irements for allocation of funds among 

States or other jurisdictions. 

[NOTe: This rule is included in the State of Oregon Clean Air Act Im[:llementation Plan 

as Ado[:lted by the Environmental Quality Commission under OAR 340 200 0040.] 

Stat. /\uth.: ORS 468A.035 

Stats. Im[:llemented: ORS 468A.035 

His!.: DEQ 7 1995, f. & cert. ef. 3 29 95; DEQ 14 1999, f. & cert. ef. 10 14 99, 

Renumbered from 340 020 0740 

~40 252 0050 

FrequenGY of Conformity DeterminatiGfls. 

(1) Conformity determinations and Gonformity redeterminations for trans[:lortation [:llans, 

TIPs, FHVVAlFTA [:lrojects, and regionally significant [:lrojects a[:l[:lroved or ado[:lted by a 

reGi[:lient offunds under title 23 U.S.C. mustse made aGGording to the requirements of 

this rule and the a[:l[:lliGasle im[:llementation [:llan. 

(2) Frequency of conformity determinations for trans[:lortation [:llans. 

(a) Each new trans[:lortation [:llan must se demonstrated to Gonform sefore the 

trans[:lortation [:llan is a[:l[:lroved by the MPO or acce[:lted ey DOT. Each new 

trans[:lortation [:llan must ee demonstrated to Gonform in accordance with the 

Gonsultation requirements in OAR 340 252 0060. 

(b) All trans[:lortation [:llan revisions must be found to conform eefore the trans[:lortation 

[:llan revisions are a[:l[:lroved ey an MPO or acce[:lted by DG-+,--unless the revision merely 

adds or deletes exempt projects listed in O/\R 340 252 0270. The conformity 

determination must ee eased on the transportation [:llan and the revision laken as a 

whole, and must ee made in accordance with the consultation provisions of 340 252 

wag., 

(c) The MPO and DOT must determine the conformity of the trans[:lortation [:llan no less 

frequently than every three years. If more than three years ela[:lse after DOT's 
Attachment 3.1, pg. 10 

conformity determination without the MPO and DOT determining conformity of the 

transportation plan, the existing conformity Eletermination'Nililapse... 

(3) Frequency of conformity determinations for transportaliOfl-improvement programs. 

(a) A new TIP must be demonstrated to conform before the TIP is approved by the MPO 

or accepted by DOT. The new TIP must be demonstrated to conform in accordance with 

the consultation reqHirements in OAR 340 252 OOeO. 

(b) A TIP amendment requires a new conformity determination for the entire TIP before 

the amendment is approved by the MPQ or accepted by DOT, unless the amendment 

merely adds or deletes exempt projects listeEi in 'O/\R 340 252 0270 or 340 252 0260. 

The TIP amendment must be demonstrated to conform in accordance ",itR the 

consultation requirements in 340 252 OOeO. 

fct+he MPO and DOT must determine the oonformity oftRe TIP no less frequently tRan 

every tRree years. If more than three years elapse after DOT's confGfffiity determination 

without the MPO and DOT determining conformity of the TIP, the existing conformity 

determination will lapse. 

(d) After an MPO adopts a new or revised transportation plan, conformity of the TIP 

mHst be redetermineEi by the MPO and DOT ' .... ithin sile months from the date of DOT's 

conformity determination for the transportation plan, unless the new or revised plan 

merely adds or deletes exempt projects listed in OAR 340 252 0270 or 340 252 0260. 

Otherwise, the existing conformity determination for the TIP will lapse. 

(4) Projects. FHWA/FTA transportation projeots must be found to conform before they 

are-adopted, accepted, approved, or funded. In the case of recipients offunds Hnder 

title 23 U.~.C. or the Federal Transit Laws, all regionally significant projects mHst be 

demonstrated to conform before they are approved or adopted. Conformity mHst be 

redetermined for any FHWAIFT/\ project or any regionally significant project adopted or 

approved by. a recipient of funds Hnder Title 23 U.~.C. if three years have elapsed since 

the most recent major step to advance the project (NEP/\ process completion; start of 

final design; acquisition of a significant portion of the right of way; or approval of the 

plans, specifications and estimates) occHrred. 

(5) Triggers for transportation plan and TIP conformity determinations. Conformity of 

existing transportation plans and TIP~ mHst be redetermined within 16 months of the 

following, or the existing conformity determination will lapse, and no new project level 

conformity determinations may be made until conformity of the transportation plan and 

TIP has been determined by the MPO and DOT: 

(a) November 24, 1993; 
Attachment 3.1, pg. 11 

(b) The date of the atate's initial submission to EPA of each control strategy 

implementation plan or maintenance plan establisfl.ing a motor vehicle emissions 

budget; 

(c) EPA approval of a control strategy implementation plan revision or maintenance plan 

establishing a motor vehicle emissions budget; 

(d) EPA approval of an implementation plan revision that adds, deletes, or changes 

TCMs; and 

(e) EP,'\ promulgation of an implementation plan which establishes or revises a motor 

vehicle emissions budget or adds, deletes, or changes TCMs. 

(e) Additional triggers for transportation plan and TIP conformity determinatiofl&., 

Conformity of existing transportation plans and TIPa must be redetermined "'/ithin 24 

months after the EQC adopts a alP revision which adds TCMs or the next 

transportation plan approval (whichever comes first) or the existing conformity 

determination will lapse, and no new project level conformity determinations may be 

made until conformity of the transportation plan and TIP has been determined by the 

MPO and DOT. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Commission under OAR 340 200 0040.] 

Stat. Auth.: ORa 4e8.020 

Stats. Implemented: ORS 4e8A.035 

His!.: DEQ 7 1995, f. 8. cert. ef. 3 29 95; DEQ 17 199B, f. 8. cert. ef. 9 23 98; DEQ 14 

.woo, f. 8. cert. ef. 10 14 99, Renumbered from 340 020 0750 

340-252-0060 

Consultation 

(1) General: 

(a) This section provides procedures for interagency consultation (Federal, State, and 

local) and resolution of conflicts. Consultation shall be undertaken by MPOs, the 

Oregon Department of Transportation, affected local jurisdictions, and United States 

Department of Transportation UaDOT before making conformity determinations and in 

developing regional transportation plans and transportation improvement programs. 

Consultation shall be undertaken by a lead planning agency, the Department of 

Environmental Quality, the Lane Regional Air Pollution /\uthorityProtection Agency (for 

actions in Lane County which are subject to this divisionl, or any other regional air 

authority, and United States Environmental Protection Agency E-PA-in developing 

applicable implementation plans. 
Attachment 3.1, pg. 12 

(b) The lead planning agency, the Department of Environmental Quality, the Lane 

Regional Air Pollution AulFiorily Protection Agen'21 for Lane County, or any other 

regional air authority, shall be the lead agency responsible for preparing the final 

document or decision and for assuring the adequacy of the interagency consultation 

process with respect to the development, amendment or revision (except administrative 

amendments or revisions) of an applicable implementation plan including, the motor 

vehicle emissions budget. The MPO, GOGT Oregon Department of Transportation, or 

any other party responsible for making conformity determinations pursuant to this rule, 

shall be the lead agency responsible for preparing the final document or decision and 

for assuring the C!dequacy of the interagency consultation process with respect to the 

development of the transportation plan, the TIP, and any determinations of conformity 

under this rule. The project sponsor shall be responsible for assuring the conformity of 

FHWAIFTA projects and regionally significant projects approved or adopted by a 

recipient of funds under title 23. 

(c) In addition to the lead agencies identified in subsection (b), other agencies entitled to 

participate in any interagency consultation process under OAR 340-252-0060 include 

the "Oregon Department of Transportation, both headquarters and each affected 

regional or district office, each affected MPO, the Federal Highway Administration 

regional office in Portland and State division office in Salem, the Federal Transit 

Administration regional office, the Department of Environmental Quality, both 

headquarters and each affected regional office, any affected regional air authority, the 

United States Environmental Protection Agency, both headquarters and each affected 

regional or district office, and any other organization within the State responsible under 

State law for developing, submitting or implementing transportation-related provisions of 

an implementation plan, any local transit agency, and any city or county transportation 

or air quality agency. 

(d) Specific roles and responsibilities of various participants in the interagency 

consultation process shall be as follows: 

(A) The lead planning agency, the Department of Environmental Quality, the Lane 

Regional Air Pollution Authority Protection Agency, or any other regional air authority, 

shall be responsible for developing: 

(i) Emissions inventories; 

(ii) Emissions budgets; 

(iii) Attainment and maintenance demonstrations; 

(iv) Control strategy implementation plan revisions; and 

(v) Updated motor vehicle emissions factors. 
Attachment 3.1, pg. 13 

(8) Unless otherwise agreed to in a Memorandum of Understanding between the 

affected jurisdictions and the Department of Environmental Quality, the Department of 

Environmental Quality shall be responsible for developing the transportation control 

measures to be included in SIPs in flM.w-nonattainment or maintenance areas, except 

GaJffiG!¥,Lane County. 

(C) The Lane Regional Air Pollution AuthorityProtection Agency shall be responsible for 

developing transportation control measures for PM10 in OakriG!')e.Lane County. 

(D) The MPO shall be respoAsible for: 

(i) Developing transportation plans and TIPs, and making corresponding conformity 

determinations; 

(ii) Making conformity determinations for the entire nonatlainment or maintenance area 

including areas beyond the boundaries of the MPO where no agreement is in effect as 

required by 23 CFR § 450.310(f); 

(iii) Monitoring regionally significant projects; 

(iv) Developing and evaluating TCMs in ozone anG/or carbon rnonoxiGe nonattainment 

and/or maintenance areas; 

(v) Providing technical and policy input on emissions budgets; 

(vi) Performing transportation modeling, regional emissions analyses and documenting 

timely implementation of TCMs as required for determining conformity; 

(vii) Distributing draft and final project environmental documents which have been 

prepared by the MPO to other agencies. 

(E) The Oregon Department of Transportation (ODOT) shall be responsible for: 

(i) Providing technical input on proposed revisions to motor vehicle emissions factors; 

(ii) Distributing draft and final project environmental documents prepared by ODOT to 

other agencies; 

(iii) Convening air quality technical review meetings on specific projects when requested 

by other agencies or, as needed; 

(iv) Convening interagency consultation meetings required for purposes of making 

conformity determinations in non-metropolitan nonattainment or maintenance areas, 

e)(cept Grants Pass; 
Attachment 3.1, pg. 14 

(v) Making conformity determinations in non-metropolitan nonatlainment or 

maintenance area, except Grants Pass. 

_(F) In addition to the responsibilities of MPOs described in paragraph (1 )(d)(O) above, 

the Rogue Valley Council of GoveFRments shall be responsible for: 

(i) Convening interagency conSUltation meetings reGJuired for purposes of rna-kiRgconformity determinations in Grants Pass; 

(ii) Making conformity determinations in Grants Pass. 

(EG) The project sponsor shall be responsible for; 

(i) Assuring project level conformity including, where required by this rule, localized air 

quality analysis; . 

(ii) Distributing draft and final project environmental documents prepared by the project 

sponsor to other agencies. 

(Q#) FHVVA and FTAThe Federal Highway Administration and Federal Transit 

Administration shall be responsible for assuring timely action on final findings of 

conformity, after consultation with other agencies as provided in this section and 40 

CFR§93.105. 

(Hi) €PAUnited State Environmental Protection Agency shall be responsible for: 

(i) Reviewing and approving updated motor vehicle emissions factors; and 

(ii) Providing guidance on conformity criteria and procedures to agencies in interagency 

consultation. 

(!J) Any agency, by mutual agreement with another agency, may take on a role or 

responsibility assigned to that other agency under this rule. 

(,!K) In metropolitan areas, any state or local transportation agency, or transit agency 

shall disclose regionally significant projects to the MPO standing committee established 

under OAR 340-ZSZ-0060(Z)(b) ina timely manner. 

(i) Such disclosure shall be made not later than the first occasion on which any of the 

following actions is sought: adoption or amendment of a local jurisdiction's 

transportation system plan to include a proposed project, the issuance of administrative 

permits for the facility or for construction of the facility, the execution of a contract for 

final design or construction of 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 final design, permitting or construction of the project, or any 
Attachment 3.1, pg. 15 

approval needed for any facility that is dependent on the completion of the regionally 

significant project. 

(ii) To help assure timely disclosure, the sponsor of any potentially regionally significant 

project shall disclose to the MPO annually on or before July 1. 

(iii) In the case of any regionally significant project that 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 be deemed not to be included in the 

regional emissions analysis supporting the currently conforming TIP's conformity 

determination and not to be consistent with the motor vehicle emissions budget in the 

applicable implementation plan, for the purposes of 40 CFR §93.121 OAR 340 252 

022(f. 

(.ISh) In non-metropolitan areas, exsefJt Grants Pass, any state or local transportation 

agency, or transit agency shall disclose regionally significant projects to Oregon 

Department of Transportation OOOT in a timely manner. 

(i) Such disclosure shall be made not later than the first occasion on which any of the 

following actions is sought: adoption or amendment of a local jurisdiction's 

transportation system plan to include a proposed project, the issuance of administrative 

permits for the facility or for construction of the facility, the execution of a contract for 

final design or construction of 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 final design, permitting or construction of the project, or any 

approval needed for any facility that is dependent on the completion of the regionally 

significant project. 

(ii) To help assure timely disclosure, the sponsor of any potentially regionally significant 

project shall disclose to Oregon Department of TransportationOOOT as requested. 

Requests for disclosure shall be made in writing to any affected state or local 

transportation or transit agency. 

JM) In Grants Pass, any state or losal transfJortation agency, or transit agency shall 

disclose regionally significant fJrojeets to RVCOG in a timely manner. 

(i) Sush diselosure shall be made not later than the first oscasion on which any of the 

fol.IGwing actions is sought: adofJtion or amendment of a local jurisdiction's 

transfJortation system fJlan to inslude a fJFOfJosed fJrojest, the issuance of administrative 

fJermits for the facility or for construction of the facility, the execution of a contract for 

final design or sonstrustion of the facility, the execution of any indebtedness for the 

facility, any final action of a board, commission or administrator authorizing or directing 

emfJloyees to fJFOseed '.'lith final design, fJermitting or construction of the fJrojest, or any 

afJfJroval needed for any facility that is defJendent on the comfJletion of the regionally 

signifieant fJroject. 
Attachment 3.1, pg. 16 

fiji To help assure timely disolosure, the sponsor of any potentially regionally signil'ioa'nt 

projeot shall disclose to RVCOG as re€luested. Re€lllCSIs fur disclosure shall be made in 

'Nriting to any affected state or local transportation or transit agency. 

(2) Interagency consultation: specific processes. 

(a) State Implementation Plan development. 

(A) It shall be the affirmative responsibility of the Department of Environmental Quality, 

the Lane Regional Air Protection Agency, or any other regional air authority agency with 

the responsibility for preparing or revising a State Implementation Plan, except for 

administrative amendments or revisions, to initiate the consultation process by notifying 

other participants and convening a working group made up of representatives of each 

affected agency in the consultation process including representatives of the public, as 

appropriate. Such working group shall be chaired by a representative of the convening 

agency, unless the group by consensus selects another chair. The working group shall 

make decisions by majority vote. Such working group shall begin consultation meetings 

early in the process of decision on the final SIP, and shall prepare all review drafts of 

the final SIP, the emissions budget, and major supporting documents, or appoint the 

representatives or agencies that will prepare review such drafts. Such working group 

shall be made up of policy level officials, and shall be assisted by such technical 

committees or technical engineering, planning, public works, air quality, and 

administrative staff from the member agencies as the working group deems appropriate. 

The chair, or his/her designee, shall set the agenda for meetings and assure that all 

relevant documents and information are supplied to all participants in the consultation 

process in a timely manner. . 

(8) Regular consultation on development or amendment of an implementation plan shall 

include meetings of the working group at regularly scheduled intervals, no less 

frequently than quarterly. In addition, technical meetings shall be convened as 

necessary. 

(C) Each lead agency with the responsibility for preparing the SIP subject to the 

interagency consultation process, shall confer through the working group process with 

all other agencies identified under subsection (1 )(c) of this rule with an interest in the 

document to be developed, provide all appropriate information to those agencies 

needed for meaningful input, and, consider the views of each such agency and respond 

to substantive comments in a timely, substantive written manner prior to making a 

recommendation to the Environmental Quality Commission for a final decision on such 

document. Such views and written response shall be made part of the record of any 

decision or action. 

(D) The working group may appoint subcommittees to address specific issues 

pertaining to SIP development. Any recommendations of a subcommittee shall be 

considered by the working group. 
Attachment 3.1 , pg. 17 

(E) Meetings of the working group shall be open to the public. The agency with the 

responsibility of preparing the SIP shall provide timely written notification of working 

group meetings to those members of the public who have requested such notification. In 

addition, reasonable efforts shall be made to identify and provide timely written 

. notification to interested parties. 

(b) Metropolitan Areas. There shall be a standing committee for purposes of 

consultation required under this rule by an MPO. The standing committee shall advise 

the MPO. The committee shall include representatives from state and regional air 

quality planning agencies and State and local transportation and transit agencies. The 

standing committee shall consult with the United States Environmental Protection 

Agency-EAA and the United States Department of TransportationUSDOT. If not 

designated by committee bylaws, the standing committee shall select its chair by 

majority vote. 

(A) For MPOs designated prior to the effective date of this rule, the following standing 

committees are designated for purposes of interagency consultation required by this 

rule: 

(i) Lane Council of Governrnents: Transportation Planning Committee; 

(ii) Salem-Keizer Area Transportation Study: Technical Advisory Committee; 

(iii) Metro: Transportation Policy Alternatives Committee; 

(iv) Rogue Valley Council of Governments: Technical Advisory Committee. 

(B) Any MPO designated an air quality nonattainment or maintenance area subsequent 

to the effective date of this rule shall establish a standing committee to meet the 

requirernents of this rule. 

(C) The standing committee shall hold meetings at least quarterly. The standing 

committee shall make decisions by majority vote. 

(D) The standing committee shall be responsible for consultation on: 

(i) Determining which minor arterials and other transportation projects should be 

considered "regionally significant" for the purposes of regional emissions analysis, 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; 

(ii) Determining whether a project's design concept and scope have changed 

significantly since the plan and TIP conformity determination; 
Attachment 3.1, pg. 18 

(iii) Evaluating whether projects otherwise exempted from meeting the requirements of 

this rule should be treated as non-exempt in cases where pot~ntial adverse emissions 

impacts may exist for any reason; 

(iv) Making a determination, as required by OAR 340 252 0140(3)(a) 40 CFR § 93.113, 

whether past obstacles to implementation ofTCMs which are behind the schedule 

established in the applicable implementation plan have been identified and are being 

overcome, and whether State and local agencies with influence over approvals or 

funding for TCMs are giving maximum priority to approval or funding for TCMs; this 

consultation process shall also consider whether delays in TCM implementation 

necessitate revisions to the applicable implementation plan to remove TCMs or 

substitute TCMs or other emission reduction measures; 

(v) Identifying, as required by OAR 340 252 0240(4) 40 CFR § 93.123. projects located 

at sites in PM10 or PM'"!i.nonattainment or maintenance areas which have vehicle and 

roadway emission and dispersion characteristics which are essentially identical to those 

at sites which have violations verified by monitoring, and therefore require quantitative 

PM10 or PM2.

5 hot-spot analysis; . 

(vi) Forecasting vehicle miles traveled, and any amendments thereto; 

(vii) Making a determination, as required by OAR 340 252 0220(2) 40 eFR § 93.121, 

whether the project is included in the regional emissions analysis supporting the 

currently conforming TIP's conformity determination, even if the project is not strictly 

"included" in the TIP for the purposes of MPO project selection or endorsement, and 

whether the project's design concept and scope have not changed significantly from 

those which were included in the regional emissions analysis, or in a manner which 

would significantly impact use of the facility; 

(viii) Determining whether the project sponsor or MPO has demonstrated that the 

requirements of O,.\R 340 252 0170, 340 252 0190, and 340 252 0200 40 CFR § 

93.116, 40 CFR § 93.118, and 40 CFR § 93.119 are satisfied without a particular 

mitigation or control measure, as provided in OAR 3402520260(4) 40 CFR § 93.125; 

(ix) Evaluating events which will trigger new conformity determinations in addition to 

those triggering events established in OAR 340 252 0050 40 CFR § 93.104; 

(x) Consulting on emissions analysis for transportation activities which cross the borders 

of MPOs or nonattainment or maintenance areas or air basins; 

(xi) Assuring that plans for construction of regionally significant projects which are not 

FHWAIFTA projects, including projects for which alternative locations, design concept 

and scope, or the no-build option are still being considered, are disclosed to the MPO 

on a regular basis, and assuring that any changes to those plans are immediately 

disclosed; 
Attachment 3.1, pg. 19 

(xii) The design, schedule, and funding of research and data collection efforts and 

regional transportation model development by the MPO (e.g., household/travel 

transportation surveys); 

(xiii) Development of transportation improvement programs; 

(xiv) Development of regional transportation plans; 

(xv) Establishing appropriate public participation opportunities for project-level 

conformity determinations required by this division, in the mannerspecified by 23 CFR 

Part 450; and 

(xvi) Notification of transportation plan or TIP revisions or amendments which merely 

add or delete exempt projects listed in OAR a40 252 0270 or a40 252 028040 CFR § 

93.126 and 40 CFR § 93.127. 

(E) The chair of each standing committee, or his/her designee, shall set the agenda for 

all meetings. The chair of each standing committee shall assure that all agendas, and 

relevant documents and information are supplied to all participants in the consultation 

process in a timely manner prior to standing committee meetings which address any 

issues described in paragraph (2)(b)(D) of this rule. 

(F) Such standing committees shall begin consultation meetings early in the process of 

decision on the final document, and shall review all drafts of the final document and 

major supporting documents. The standing committee shall consult with EPA and 

USDOT. 

(G) The MPO shall confer with the standing committee and shall consult with all other 

agencies identified under subsection (1 )(c) of this rule with an interest in the document 

to be developed, shall provide all appropriate information to those agencies needed for 

meaningful input, and consider the views of each such agency. The MPO shall provide 

draft conformity determinations to standing committee members and shall allow a 

minimum of 30 days for standing committee members to comment. The 30 day 

comment period for standing committee members may occur concurrently with the 

public comment period. The MPO shall respond to substantive comments raised by a 

standing committee member in a timely, substantive written manner at least 7 days prior 

to any final decision by the MPO on such document. Such views and written response 

shall be made part of the record of any decision or action. 

(H) The standing committee may, where appropriate, appoint a subcommittee to 

develop recommendations for consideration by the full.committee. 

(I) Meetings of the standing committee shall be open to the public. The MPO shall 

provide timely written notification of standing committee meetings to those members of 

the public who have requested such notification. In addition, reasonable efforts shall be 

made to identify and provide timely written notification to interested parties. 
Attachment 3.1, pg. 20 

(c) An MPO, or any other party responsible for developing Transportation Control 

Measures, shall consult with affected parties listed in sUbsection (1 )(c) in developing 

TCMs for inclusion in an applicable implementation plan. 

(d) Non-metropolitan areas. 

(A) In non-metropolitan areas the following interagency consultation procedures shall 

apply, unless otherwise agreed to by the affected parties in all Memorandum of 

Understanding, or specified in an applicable implementation plan: 

(6) In each non-metropolitan nonattainment or maintenance area, except in Grants 

Pass, the Oregon Department of Transportation shall facilitate a meeting of the affected 

agencies listed in subsection (1 )(c) of this rule prior to making conformity determinations 

to: 

(i) Determine which minor arterials or other transportation projects shall be considered 

"regionally significant"; 

(ii) Determine which projects have undergone significant changes in design concept and 

scope since the regional emissions analysis was performed; 

(iii) Evaluate whether projects otherwise exempted from meeting the requirements of 

this rule should be treated as non-exempt in cases where potential adverse emissions 

impacts may exist for any reason; 

(iv) Make a determination, as required by OAR 340 252 0140(3)(a) 40 CFR § 93.113, 

whether past obstacles to implementation of TCMs which are behind the schedule 

established in the applicable implementation plan have been identified and are being 

overcome, and whether State and local agencies with influence over approvals or 

funding for TCMs are giving maximum priority to approval or funding for TCMs; this 

consultation process shall also consider whether delays in TCM implementation 

necessitate revisions to the applicable implementation plan to remove TCMs or 

substitute TCMs or other emission reductioh measures; 

(v) Identify, as required by O/\R 340 252 0240(4) 40 CFR § 93.123 projects located at 

sites in PM10 or PM2li. nonattainment or maintenance areas which have vehicle and 

roadway emission and dispersion characteristics which are essentially identical to those 

at sites which have violations verified by monitoring, and therefore require quantitative 

PM10 or PM;u; hot-spot analysis; 

(vi) Confer on the forecast of vehicle miles traveled, and any amendments thereto; 

(vii) Determine whether the project sponsor has demonstrated that the requirements of 

OAR 340 252 0170, 340 252 0190, and 340 252 020040 CFR § 93.116, 40 CFR § 

93.118, and 40 CFR § 93.119 are satisfied without a particular mitigation or control 

measure, as provided in OAR 340252 0260(d); 
Attachment 3.1, pg. 21 

(viii) Evaluate events which will trigger new conformity determinations in addition to 

those triggering events established in OAR ;)40 252 005040 CFR § 93.104; 

(ix) Assure that plans for construction of regionally significant projecis which are not 

Federal Highway Administration/Federal Transit AdministrationFHVVA/FT/\ projects, 

including projects for which alternative locations, design concept and scope, or the nobuild option are still being considered, are disclosed on a regular basis, and assuring 

that any changes to those plans are immediately disclosed. 

(x) Confer on the design, schedule, and funding of research and data collection efforts 

and transportation model development (e.g., household/travel transportation surveys). 

(xi) Establish appropriate public participation opportunities for project-level conformity 

determinations required by this rule in the manner specified by 23 CFR Part 450; 

(xii) Provide notification of transportation plan or TIP revisions or amendments which 

merely add or delete exempt projects listed in OAR 340 252 0270 or 340 252 028040 

CFR § 93.126 and 40 CFR § 93.127; and 

(xiii) Choose conformity tests and methodologies for non-metropolitan nonatlainment 

and maintenance areas, as required by OAR 340252 _0100(7)(b)(C) 40 CFR § 93.109. 

jC) Notwithstanding paragraph (2)(d)(B) of this rule, the Rogue Valley Council of 

Governments shall be responsible for facilitating a meeting of the affected agencies 

listed in subsection (1 )(c) of this rule prior to making conformity determinations for 

Grants Pass, Oregon for the purpose of consulting on the items listed in paragraph 

(2)(d)(B) of this rule. 

(CG) The Oregon Department of Transportation, or the Rogue Valley Council of 

Governments (RVCOG) in Grants Pass, shall consult with all other agencies identified· 

under subsection (1 )(c) of this rule with an interest in the document to be developed, 

shall provide all appropriate information to those agencies needed for meaningful input, 

and consider the views of each such agency. All draft regional conformity 

determinations as well as, supporting documentation shall be made available to 

agencies with an interest in the document and those agencies shall be given at least 30 

days to submit comments on the draft document. Oregon Department of 

TransportationODOT, or RVCOG in Grants Pass, _shall respond to substantive 

comments received from other agencies in a timely, substantive written manner at least 

7 days prior to any final decision on such document. Such views and written response 

shall be made part of the record of any decision or action. 

(D€) Meetings hereby required shall be open to the public. Timely written notification of 

any meetings relating to conformity shall be provided to those members of the public 

who have requested such notification. In addition, reasonable efforts shall be made to 

identify and provide timely written notification to interested parties. 
Attachment 3.1, pg. 22 

();f.:) If no transportation projects are proposed for the upcoming fiscal year, there is no 

obligation to facilitate the annual meeting required by paragraphs (2)(d)(B) & (C) of this 

rule. 

(EG) The meetings required by paragraphs (2)(d)(B)&(C) of this rule may take place 

using telecommunications equipment, where appropriate. 

(e) An MPO or Oregon Department of Transportation ODOT shall facilitate an annual 

statewide meeting, unless otherwise agreed upon by Oregon Department of 

TransportationODOT, Oregon Department of Environmental QualitvGEQ and the 

MPOs, of the affected agencies listed in subsection (1)(c) to review procedures for 

regional emissions and hot-spot modeling. 

(A) The members of each agency shall annually jointly review the procedures used by 

affected MPOs and agencies to determine that the requirements of OAR J40 252 

02J040 CFR § 93.122 -are being met by the appropriate agency. 

(B) An MPO or Oregon Department of Transportation ODOT shall facilitate a statewide 

meeting of parties listed in subsection (1 )(c) of this rule to receive comment on the 

United States Environmental Protection Agency€AA guidelines on hot-spot modeling, to 

determine the adequacy of the guidelines, and to make recommendations for improved 

hot-spot modeling to the United States Environmental Protection Agenc,Y€AA Regional 

Administrator. Oregon Department of Environmental QualityGEQ, LR/\P/\ Lane 

Regional Air Protection Agency, or any other regional air authority, may make 

recommendations for improved hot-spot modeling guidelines to the United States 

Environmental Protection Agency€AA Regional Administrator with the concurrence of 

Oregon Department of Transportation ODOT. Oregon Department of Transportation 

ODOT may make recommendations for improved hot-spot modeling guidelines to the 

United States Environmental Protection Agency€AA Regional Administrator with the 

concurrence of the affected air quality agency (e.g., Oregon Department of 

Environmental QualityGEQ, LR/\P/\ Lane Regional Air Protection Agency or any other 

regional air authority). 

(C) The MPO or Oregon Department of TransportationODOT shall determine whether 

the transportation modeling procedures are in compliance with the modeling 

requirements of OAR a40 252 02J040 CFR § 93.122. The Oregon Department of 

Environmental QualityGEQ or LR/\P/\ Lane Regional Air Protection Agency (in Lane 

County), or any other regional air authority, shall determine whether the modeling 

procedures are in compliance with the air quality emissions modeling requirements of 

OAR J40 252 02J040 CFR § 93.122. 

(D) The affected agencies shall evaluate and choose a model (or models) and 

associated methods and assumptions to be used in Hot-Spot Analyses and regional 

emissions analyses. 
Attachment 3.1, pg. 23 

(f) The Federal Highway Administration and Federal Transit AdministrationFHWA aA4 

~ will, for any proposed or anticipated transportation improvement program (TIP) or 

transportation plan conformity determination, provide a draft conformity determination to 

the Environmental Protection Agency EPA-for review and comment. The Federal 

Highway Administration and Federal Transit Administration ~F+A-_shall allow 

a minimum of 14 days for EPA to respond. The United States Department of 

Transportation OO+-shall respond in writing to any significant comments raised by the 

Environmental Protection Agency EPA-before making a final decision. In addition, 

where the Federal Highway Administration and Federal Transit Administration 

~VVNFTl\ request any new or revised information to support a TIP or transportation 

plan conformity determination, The Federal Highway Administration and Federal Transit 

Administration FHVV/\/FT/\ shall either return the conformity determination for additional 

consultation under subsections (2)(b) or (2)(d) of this rule, or the Federal Highway 

Administration and Federal Transit Administration FHI/V,IVFTA shall provide the new 

information to the agencies listed in subsection (1 )(c) of this rule for review and 

comment. Where the Federal Highway Administration and Federal Transit 

Administration FHVVNFTA chooses to provide the new or additional information to the 

affected agencies listed in subsection (1 )(c), the Federal Highway Administration and 

Federal Transit Administration FHWA and FTA shall allow for a minimum of 14 days to 

respond to any new or revised supporting information; the United States Department of 

Transportation 00+ shall respond in writing to any significant comments raised by the 

agencies consulted on the new or revised supporting information before making a final 

decision. 

(g) Each agency subject to an interagency consultation process under this rule 

(including any Federal agency) shall provide each final document that is the product of 

such consultation process, together with all supporting information that has not been the 

subject of any previous consultation required by this rule, to each other agency that has 

participated in the consultation process within 14 days of adopting or approving such 

document or making such determination. Any such agency may supply a checklist of 

available supporting information, which such other participating agencies may use to 

request all or part of such supporting information, in lieu of generally distributing all 

supporting information. 

(h) It shall be the affirmative responsibility of the agency with the responsibility for 

preparing a transportation plan or TIP revision which merely adds or deletes exernpt 

projects listed in OAR 340 252 0270 40 CFR § 93.126 to initiate the process by 

notifying other participants early in the process of decision on the final document and 

assure that all relevant docurnents and information are supplied to all participants in the 

consultation process in a timely manner. 

(i) A meeting that is scheduled or required for another purpose may be used for the 

purposes of conSUltation required by this rule if the conformity consultation purpose is 

identified in the public notice for the meeting. 
Attachment 3.1, pg. 24 

(j) It shall be the affirmative responsibility of a project sponsor to consult with the 

affected transportation and air quality agencies prior to making a project level conformity 

determination required by this rule. 

(3) Resolving conflicts. 

(a) Any conflict among State agencies or between State agencies and an MPO shall be 

escalated to the Govemor if the conflict cannot be resolved by the heads of the involved 

agencies. In the first instance, such agencies shall make every effort to resolve any 

differences, including personal meetings between the heads of such agencies or their 

policy-level representatives, to the extent possible. 

(b) A State agency, regional air authority, or MPO has 14 calendar days to appeal a 

determination of conformity, SIP submittal, or other decision under this division, to the 

Governor after the State agency, regional air authority, or MPO has been notified of the 

resolution of all comments on such proposed determination of conformity, SIP submittal, 

or decision. If an appeal is made to the Governor, the final conformity determination, 

SIP submittal, or policy decision must have the concurrence of the Governor. The 

appealing agency must provide notice of any appeal under this subsection to the lead 

agency. If an action is not appealed to the Governor within 14 days, the lead agency 

may proceed. 

(c) The Governor may delegate the role of hearing any such appeal under this section 

and of deciding whether to concur in the conformity determination to another official or 

agency within the State, but not to the head or staff of the State air quality agency or 

any local air quality agency, the State department of transportation, a State 

transportation commission or board, the Environmental Quality Commission, any 

agency that has responsibility for only one of these functions, or an MPO. 

(4) Public consultation procedures. Affected agencies making conformity determinations 

on transportation plans, programs, and projects shall establish a proactive public 

involvement process which provides opportunity for public review and comment by, at a 

minimum, providing reasonable public access to technical and policy information 

considered by the agency at the beginning of the public comment period and prior to 

taking formal action on a conformity determination for all transportation plans and TIPs, 

consistent with these requirements and those or 23 CFR 450.316(b). Any charges 

imposed for public inspection and copying should be consistent with the fee schedule 

contained in 49 CFR 7.95. In addition, these agencies must specifically address in 

writing all public comments that 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 finding for a transportation plan or 

TIP. These agencies shall also provide opportunity for public involvement in conformity 

determinations for projects where otherwise required by law. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Commission under OAR 340-200-0040.] 
Attachment 3.1, pg. 25 

[Publications: The publications referred to or incorporated by reference in this rule are 

available from the agency.] 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.035 

His!.: DEQ 7-1995, f. & cert. ef. 3-29-95; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-

1999, f.& cert. ef. 10-14-99, Renumbered from 340-020-0760 

340-252-0070 

Content of Transportation Plans 

(1) Transportation plans adopted after January 1, 1997 in serious, severe, or extreme 

ozone nonattainment areas and in serious carbon monoxide nonattainment areas. If the 

metropolitan planning area contains an urbanized area-population greateF-than 200,000, 

the transportation plan mllst specifically deseribe the transportation system envisiorteG 

for certain futllre years which shall be called horizon years. 

(a) The agency or organization developing the transportation plan, after oonsultation 

pllrsuant to OAR il40 252 0060, may choose any years to be horizon years, subject to 

the following restrictions: 

(A) Horizon years may be no more than 10 years apart; 

(B) The first horizon year may be no more than 10 years from the base year used--te 

validate the transportation demand planning model; 

(C) If the attainment year is in the time span of the transportation plan, the atlainrnem 

year must be a horizon year; 

(0) The last horizon year mllst be the last year of the transportation plan's forecast 

flC-Fie4 

(b) For these horizon years: 

~I\) The transportation plan shall quantify and document the demographic and 

employment faotors influenoing expected transportation demand, incillding land use 

forecasts, in accordance with implementation plan provisiGns and Ol\R il40 252 0060:; 

(B) The highway and transit system shall be described in terms of the regionally 

significant additions or modifications to the existing transportation network which the 

transportation plan envisions to be operational in the horizon years. Additions and 

modifications to the highway network shall be sufficiently identified te indicate 

intersections with e)dsting regionally signifioant facilities, and to determine their effect on 

route options between transportation analysis zenes. Each added or mod-ified highway 

segment shall also be sllffioientJy identified in terms of its design conoept and design 
Attachment 3.1, pg. 26 

scope to allo'.'.' modeling of travel times under various traffic volumes, consistent with 

the modeling methods for area wide transpElflation analysis in use by the MPO. Transit 

facilities, equipment, and services envisioned for the future shall be identified in terms of 

design concept, design scope, and operating policies that are sufficient for modeling of 

their transit ridershi[l. Additions and modifications to the trans[lortation network shall be 

described sufficiently to show that there is a reasonable relationship between expected 

land use and the envisioned trans[lortation system; and 

(C) Other future trans[lortation policies, requirements, services, and activities, including 

intermodal activities, shall be described-, 

(2) Moderate areas reclassified to serious. Ozone or CO nonatlainment areas which are 

reclassified from moderate to serious and have an urbanized populatiofl-greater than 

200,000 must meet the requirements of subsection (1)(a)'of this rule withifl.-two years 

from the date of reclassification. 

(3) Transportation plans for other areas. Transportation plans for other areas must meet 

the reqUirements of subsection (a) of this section at least to the extent it has been the 

previous practice of the MPO to [lrepare plans which meet those requirements. 

Otherwise, the transportation system envisioned for the future must be sufficiently 

described ' .... ithin the trans[lortation [llans so that a conformity determination can be 

made according to the criteria and procedures of OAR 310 252 0100 through 340 252 

~ 

(4) Savings. The requirements of this section sU[lplement other requirements of 

applicable law or regulation governing the format or content of transj3ortation plans. 

Timeframe of Conformity Determinations 

Any election by an MPO to shorten the limeframe of a conformity determination under 

40 CFR..!~3.1 06(d) requires approval of the Department of Environmental Quality or the 

Lane Regional Air Protection Agency, as applicable. A shortened timeframe may be 

appropriate, for example, when projected future emissions fail to meet a Motor Vehicle 

Emissions Budget (MVEB) due to calculation methods that are inconsistent with the 

methods used to determine the MVEB. Such circumstances may exist for example, 

when emissions estimation methods have changed from those used to establish the 

MVEB. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Commission under OAR 340-200-0040.] 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.035 

Hist.: DEQ 7-1995, f. & cert. ef. 3-29-95; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-

1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0770 
Attachment 3.1, pg. 27 

~ 262 0080 

Relationship-of TranspoFtatien Plan and TIP Conformity.with the NEPA ProGeSS 

The degree of~ifotf-ifl...#1e transportatiofl-f}laA and the speGifiG travel 

Retv.'ork assblmed for air qblality modeling do not preGlblde the Gonsideration of 

altornatives in the NEPA process or other project development stbldies. Shoblld the 

NEPA proGess resbllt in a project with design Goncept and scope significantly different 

from that in the transportation plan or TI P, the projeGt mblst meet the criteria in GAR 

340 252 0100 throblgh 340 252 0200 for projects not from a TIP before NEPA process 

completion. 

[NGTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Qblality Commission under OAR 340 200 0040.] 

Stat. Auth.: GRS 498.020 

Stats. Implemented: GRS 498A.035 , 

His!.: OEQ 7 1995, f. & cert. ef. 3 29 95; OEQ 17 1998, f. & cert. ef. 9 23 98; OEQ 14-

-1-999, f. g, cert. ef. 10 14 99, Renblmbered from 340 020 0780 

340 26200S!} 

Fiscal Constraints for Transportation Plans and TIPs 

+raflsportation plans and TIPs mblst be fiscally constrained consistent with OGrs 

metropolitan planning regbllations at 23 CFR Part 460 in order to be fOblnd in conformity. 

Table 1 Conformity Criteria 

All Actions at all times: 

OAR 340 252 0110 

GAR 340 252 0120 

G/\R 340 252 0130 

Transportation Plan: 

GAR 340 252 0140(2) 

GAR 340 252 0190 or 

GAR 340 252 200 

Latest planning assblmptions. 

Latest emissions model. 

Consblltation. 

Emissions bbldget or Emission 

redblction. 
OAR 340 252 0140(3) 

OAR 340 252 0190 

or OAR 252 0200 

TCMs. 

Emissions bllE!!)et or Emission 

reE!llction. 

Project (From a Conforming Plan and TIP): 

Ol\R 340 252 0150 

OAR 340 252 0160 

OAR 340 252 0170 

OAR 340 252 0180 

Currently conformin!) plan anE! 

~ 

-Pfeject Tram a con.fefmin!) plan 

and TIP. 

CO anE! PMw-Ast-sJ*ll&.-

PMw control meaSllres. 

Project (Not From a Conforming Plan-afld TIP): 

O/\R 3402520140 

OAR 3402520150 

OAR 3402520170 

OAR 3402520180 

OAR 3402520190 

TCMs. 

CllFrently conforming plan an4 

~ 

CO anE! PMw hot spots. 

PM.w.control meawres. 

Emissions bllE!get or Emission 

redllction. 

Attachment 3.1, pg. 28 

[NOTe: This rllie is included in the State of Oregon Clean Air Act Implementation PlaR 

as adopted by the Environmental Quality CommissionllnE!er OAR 3402000040.] 

[Pllblicalions: The publications referred to or incorporated by reference in this rllie are 

available from the agency.] 

Stal. Allth.: ORS 468.020 

Stats. ImplementeE!: ORS 468A.035 

His!.: DEQ 71995, f. & oer!. ef. 3 29 95; DEQ 171998, f. & oer!. ef. 9 23 98; DEQ 14 

1999, T. & cer!. ef. 10 14 99, RenllmbereE! from 340 020 0790 

3402520100 
Attachment 3.1, pg. 29 

Criteria and Precedures feF-Geterminiflg-CGRfermity ef Transpertatien Plans, 

Pregrams, and Prejects: General 

(1) In order for each transpertation plan, program, FFlVVA/FTA project, and regionally 

sig-nffiGaRt projeet approved or adopted by a rectpient of funds under titl~~-s 

be found to eonform, the MPO and DOT must demonstrate that the applieable criteria 

and proeedures in this division are satisfied, and the MPO and DOT must cemply with 

all applicable eOflf-ormity requirements of implementation plans, and of eourt orders for 

the area which pertain specifieally to conformity. The eriteria for making conformity 

determinations diffor based on the action under review (transportation plans, TIPS, and 

FHV'lNFT/\ projects), the relevant pollutant(s), and the status of the implementation 

f)Ian-, 

(2) Table 1 indicates the criteria and proeedures in OAR 340 252 0110 through 340 

252 0200 whieh apply for transportation plans, TIPs, and FHVVAWTA projeets. Seetions 

(3) through (6) of this rule explain-wlle-R-the budget, emission reduction, and hot spot 

tests are required for each pollutant. Section (7) of this rule addresses isolated rural 

fIIGflaUaififfient and maintenance areas. Table 1 follows: [Table not ineluded. See ED. 

NOTE.] 

(3) Ozone nonatlainment and-maintenance areas. In addition to the eriteria listed in 

Table 1 in section (2) of this rule that are required to be satisfied at all times, in ozone 

nonatlainment and maintenance areas eonformity determinations must include a 

demonstration that the budget and/or emission reduction tests are satisfied-a& 

described in the following: 

~t-I-n ozone nonattainment and maintenance areas the budget test must be satisfied as 

fequired by OAR 34Q 252-Q49Q for eonformity determinations made: 

(A) 45 days after a eontrel strategy implementation plan revision or maintenance plan 

has been submitted to EPA, unless EPA has declared the motor vehicle emissions 

budget inadequate for transportation conformity purposes; or 

(13) After EPA has declared that the motor vehicle emissions budget in a submitled 

£entre I strategy implementation plan revision or maintenanee plan is adequate for 

transportation conformity purposes. 

(b) In ozone nonattainment areas that are required to submit a control strategy 

implementation plan revision (usually moderate and above areas), the emission 

reduction tests must be satisfied as re€juired by OAR 34 Q 252 0200 for conformity 

determinations made: 

01\) During the first 45 days after a control strategy implementation plan revision or 

maintenanee plan has been submitted to EPA, unless EPA has declared a motor 

vehicle emissions budget adequate for transportation eonformity purposes; or 
Attachment 3.1, pg. 30 

(B) If EPA has declared the motor vehicle emissions budget in a submitted control 

strategy implementation plan revision or maintenance plan inatle€!uate for transportation 

conformity purposes, and there is no previo~sly establisiled motor vehicle emissions 

budget in the approved implementation plan or a previously submitted control strategy 

implementation plan revision or maintenance plan. 

(c) /\n ozone nonattainment area must satisfy the emission reduction test for NG,.,as 

required by O/\R J4Q 252 Q2QQ, if tile implementation plan or plan submission til at is 

applicable for the purposes of conformity determinations is a 15% plan or Pilase I 

attainment demonstration that does not include a motor vehicle emissions budget for 

00*. The implementation plan ' .... ill be considered to establish a motor vehicle emissions 

budget for NOx if the implementation plan or plan submission contains an explicit ~jO. 

motor vehicle emissions budget that is intended to act as a ceiling on future NO. 

emissions, and the NOx motor vehicle emissions budget is a net reduction from NO •. 

emissions levels in 199Q. 

(d) Ozone nonattainment areas that have not submitted a maintenance plan and thai 

are not required to submit a control strategy implementation plan revision (usually 

marginal and belmll areas) must satisfy one of the follmving requirements: 

(/\) The emission reduction tests required by OAR J4Q 252 Q2QQ; or 

(B) The State shall submit to EPA an implementation plan revision that contains motor 

. vehicle emissions budget(s) and an attainment demonstration, and the budget test 

required by OAR J40 252 01 gO must be satisfied using the submitted motor vehicle 

emissions budget(s) (as described in subsection (J)(a) of this rule). 

{e) Notwithstanding subsections (J)(a) and (3)(b) of this rule, moderate and above 

ozone nonattainment areas with three years of clean data that have not submitted a 

maintenance plan and that EPA has determined are not subjeet to the Clean Air Act 

reasonable further progress and altainment demonstration requirements must satisfy 

one of the follo' .... ing requirements: 

(A) The emission reduetion tests as required by OAR J40 252 0200; 

(B) The budget test as requirod by OAR J4Q 252 0190, using the motor vehicle 

emissions budgets in the submitted control strategy implementation plan (subject to tho 

timing requirements of subseotion (J)(a) of this rule); or 

(C) The budget test as required by OAR 340 252 Q1 gQ, using the motor vehicle 

emissions of ozone precursors in the most recent year of Glean data as motor vehiele 

emissions budgets, if such budgets are estalliished by the EPA rulemaking that 

determines that the area has clean data. 

(4) CO nonattainment and maintenance areas. In addition to the eriteria listed in Table 1 

in section (2) of this rule that are required to ee salisfied at all times, in CO 
Attachment 3.1, pg. 31 

nonatlainment and maintenaAoe areas oonfefffiity-Getefminations must inGlOOe-a 

Elemenstration that the hot spot, budget and/or emission reduotion tests are satisfied as 

described in the fol/e.wiRlf. 

~Projeots in CO nonattainment or maintenance areas must satisfy the hot spot test 

fl*lilired by OAR 340 252 0170 and 340 252 0240 at all times. Until a CO altainment 

demonstration or maint.enance plan is approved by EPA, FHWAlFT}\ projects must also 

satisfy the hot spot test required by 340 252 0170(2). 

(b) In CO nonaltainment and maintenance areas the budget test must be satisfied as 

required by OAR 340 2520190 for conrormity determinations made: . 

(A)-4a days after a control strategy implementation plan revision or-maintenanoe plan 

has been submitted to EPA, unless EPA has declared the molof-ve.lliBle-emissions 

budget inadequate ror transportation oonformity purposes; or 

(8) After EPA has declaFO€l-that the motor veR-icle emissioflS-butlget in a submitted 

control strategy implementation plan revisiOfl-Or maintenance plan is adequate ror 

transportation oonrormity pllrposes. 

(c) Exoept as provided in sllbsection (4)(d) of this wle, in CO nonaltainment areas the 

emission redllGtiefHests mllst be satisfied as required by OAR 340 252 0200 ror 

oonrormity determinations made: 

(.'\) During the first 45 days after a control strategy implementation plan revision or 

maintenanoe plan has been sllbmitted to EPA, unless EPA has declared a motor 

vehiole emissions budget adeqllate for transportation oonformity pllrposes; or 

(8) If EPA has doolared the motor-vehl6J&.emissions blldget in a submitted oontrol 

strategy implementation plan revision or maintenance plan inadeqllate for transportation 

oonrormity purposes, and there is no previollsly established motor vehiole emissions 

blldget in the approvpd implementation plan ora previously submitted control strategy 

imj3lementation plan revision or maintenance plan. 

(d) CO nonattainment areas that have not submilted a maintenance plan and that are 

not required to submit an attainment demonstration (e.g., moderate CO areas with a 

design value of 12.7 ppm or less or not classified CO areas) must satisfy one of the 

following requirem~ 

(i\) The emission reduotion tests required by OAR 340 252 0200; or 

(8) The State shall sllbmit to EPA an implementation plan revision that contains motor 

vehicle emissions budget(s) and an attainment demonstration, and the budget test 

fequired by OAR 252 0190 must be satisfied using the submitted motor vehicle 

emissions budget(s) (as described in subsection (4)(b) or this rule. 
Attachment 3.1 , pg. 32 

(5) PM40 nonattainment and maintenanse areas. In addition to the sriteria listed in Table 

1 in section (2) of this rUllHhat are reqllired to be satisfied at all times, in PMw 

nonattainment and mainlenanse areas cenformity determinations mllsl incillde a 

demonstration that the hot spot, blld§et and/or emission redllstion tests are satisfied as 

describ~ 

(a) Projects in PM.w nonattainment or maintenance areas mllst satisfy the hot spot test 

reqllired by O/\R 340 252 0170 and OAR 340 252 0240. 

(,b) In PMw nonattainment and maintenance areas the blld§et test mllst be satisfied as 

reqllired by O/\R 340 252 0190 for conformity determinations ffiaGe.; 

(A) 45 days after a control strate§y implementation plan revision or maintenance plan 

has-been sllbmilted to EPA, llnless EPA has deslared the motor vehicle emissions 

blldget inadeqllate for transportation conformity pllrpOSes;-ef 

fB3-After EPA has declared that the motor vehicle emissions blldget in a sllbmitte4 

control strategy implementation plan revision or maintenance plan is adeqllate for 

transportation conformity pllrposes. 

(c) In PM.w' nonattainment areas the emission redllclion tests mllst be satisfied as 

required by O/\R 340 252 0200 for conformity determinations made: 

(A) Dllrin§ the first 45 days after a sontrol strate§y implementation plan revision or 

maintenance plan has been sllbmitted to EPA, llnless EPA has declared a motor 

vehicle emissions iaud§et adeqllate for transportation conformity pmposes; 

(Iel) If EPA has declared the motor vehicle emissions bud§et in a swbmilted soRlFeI 

strate§y implementation plan revision or maintenance plan inadeqllate for transportation 

cenformity pllrposes, and there is no previollsly established motor vehicle emissions 

blldget in the approlled implementation plan or a previollsly sllbmilted conlrol strate§y 

implementation plan revision or maintenanse plan; or 

(C) If the sllbmilted implementation plan revision is a demonstration of imprasticability 

under CAl'. section 199(a)(1 )(Iel)(ii) and does not demonstrate altainment. 

(6) ~JO;, nonaltainment and maintenanse areas, In addition to the sriteria listed in Table 

1 in sestion (2) of this rllie that are reqllired to be satisfied at all times, in ~JO;, 

nonattainment and maintenance areas conformity determinations must inslude a 

demonstration thatthe blld§et and/or emission redllction tests are satisfied-as 

described in the followin§: 

(a) In N02 nonattainment and maintenance areas the bud§et test must be satisfied as 

reqllired by OAR 340 252 0190 for conformity determinations made: 
Attachment 3.1, pg. 33 

(A) 45 days after a oontrol strategy implementation plan revision or maintenanoe plan 

has been sllbmilted to EPA, llnless EPA has declared the motor vehi~ 

budget inadequate for transportation conformity purposes; or 

{6) After EP/\ has declared that the motof--Ve.n.iole emissions blldget in a sllbmilteG 

control strategy implementation plan revision or maintenanoe plan is adeqllate for 

transportation oonformity plolrposes. 

(b) In ~JO:f nonaltainment areas the emission redllction tests must be satisfied as 

reqlolired by OAR 340 252 0200 fof-Gonformity determinations maGe.:-

(A) During the first 45 days after a oontrol strategy implementation plan r-e-visioo-sr 

maintenance plan has been slolbmitled to EPA, Iolnless EPA has declared a motor 

vehiole emissions budget adequate for transportation oonformity purposes; or. 

(6) If EPA has deolared the motor vehiole emissions blldget in a sllbmitted oontrol 

strate§y implementation plan revision or maintenanoe plan inadeqlolate for transportation 

oonformity purposes, and there isno previollsly established motorvehicle emissions 

budget in the approved implementation plan or a previously sllbmilted control strategy 

implementation plan revision OF maintenanoe plan. 

(7) ~Jon metropolitan nonaitainment and maintenanoe areas. This section applies to any 

nonattainment or maintenanoe area (or portion thereof) '",hioh Goes not have a 

metropolitan transportation plan or TIP and whose projects are not part oftheernisskms 

analysis of any MPO's metropolitan transportation plan or TIP. This paragraph does not 

apply to "donllt" areas which are olltside the metropolitan planning bOlolnGary and inside 

the nonaltainmentimaintenanoe area boundary. 

(a) FHVVJlJFT/\ projects in all non metropolitan nonaltainment anG maintenance areas 

must satisfy the reqllirements of Of\R 340 252 0110 through 340 252 0130, 340 252 

0140(4), anG 3402520170 through 340 252 0180. Until EPA approves the control 

strategy implementation plan or maintenanse plan for a rural CO nonatlainment or 

maintenance area, FHVVA/FTA projeots mllst also satisfy the reqllirements of 340252 

0170(2) ("LoGalized CO and PM.w violations (hot spots)"). 

(b) Non metropolitan nonaitainment and maintenanse areas are subjeot to the budget 

and/or emission redustion tests as GesGribeG in OAR 340 252 0100(3) throlol§h 340 250 

0100(6), with the following modifications: 

(A) 'Nhen the requirements OAR 340 252 0190 and 340 252 0200 apply to non 

metropolitan nonaitainment and maintenanGe areas, referenGes to "transpGflatiGn plan" 

or "TIP" shoulG be taken to mean those projects in the statewiGe transportation plan or 

statewide TIP 'i\lhish are in the non metropolitan nonatiainment OF maintenance area. 

(6) In non metropolitan nonatiainment and maintenanse areas that are subject to OAR 

340 252 0190, FHVV/\/FTA projests must be Gonsistent with motor vehicle emissions 
Attachment 3.1, pg. 34 

budget(s) fur the years in the tirnefrarne of the attainffleRt dernoostratioFt-Gf 

maintenance plan. For years aftef the atlainment-year (if a maintenance plan has net 

been submitted) or after the last year of the maintenance plan, FHVVNFTA projects 

FAust satisfy one of the fullowing reqlolirernents: 

(i) O,l\R 340 2132 0190; 

(ii) OAR 340 252 0200 (including regional emissions analysis for NO. in all ozone 

nonattainment and rnaintenance areas, notwithstanding 340 252 0200(4)(b»; or 

(iii) /\s demonstrated by the air qlolality dispersion model or other air quality rnodeling 

techniqlole used in the attainment demonstration OF maintenance plan, the FHIN/VFTA 

project, in cornbination with all other regionally significant-projeGts Olcpected in the area 

in the limeframe of the statewide transportation plan, mlolst not calolse or contriblolte to-a 

new violation of any standard in any areas; increase the frequency or severity of any 

B*isting violation of any standard in any area; or delay timely attainment of any standard 

or any required interim emission redloiGtions or other milestones in any area. Control 

rneaslolres asslolrned in the analysis rnlolst be enforceable. 

(C) The choice of reqlolirements in paragraph (7)(b)(S) of this wle and the methodology 

IoIsed to meet the reqlolirements of paragraph (7)(b)(S)(iii) of this rlolle must be determined 

threlolgh the interagency conslolliation process retllolired in OAR 340 2132 

0060(2)(d)(S)()ciii) through which the relevant recipients of title 23 U.S.C. or Federal 

Transit La ..... s fllnds, thelDcal air qllalityagency, tho State air quality agency, and the 

State department of transportation should reach consensus about the option and 

methodology selected. EPA and DOT mllst be consulted through this process as well. 

In the event of IoInresolved disploltes, conflicts may be escalated to the Governor 

consistent with the procedure in OAR 340 252 0060(3), which applies for any State air 

agency cornrnents on a confurrnity determination. 

{NG+E:: This rule is included in the State of Oregon Clean Air Act Irnplernentation Plan 

as adopted by the Environmental QloIality Cornrnission IoInder OAR 340 200 0040.] 

[ED. NOTE: The table referred to or incorporated by reference in this rule is available 

frorn the agency.] 

sta!.Auth.: ORS 46!l.020 

Stats. Implemented: ORS 461lA.035 

His!.: DEQ 719913, f. &- cort. ef. 3 29 95; DEQ 17 1998, f. &- Ger!. ef. 92398; DEQ 14 

1999, f. &- cert. ef. 10 14 99, Renlolrnbered frorn 340 020 01100 

3402520110 

Criteria and ProGedures: Latest Planning Assumptions 
Attachment 3.1, pg. 35 

(1) The Gonformity determina1ioo,with respeGt to all other appliGable-6fiteria in OAR 

340 252 0120 through 340 252 0200, must De basod upon the most reoent planning 

assumptiens in forGe at the time of the oonformity determlnation. The oonfoFmity 

determination must satisfy the requirements of seGtions (2) through (6) of this rule. 

(2) Assumptions must be derived from the estimates of ourrent and future populatien, 

emplGyment, traveJ,and Gongestion most recently developed by the MPO or other 

agency authorized \0 make suoh estimates and approved Ily the MPO. The oonformity 

determination must also Ile based on the latest planning assllmptions about ollrrent and 

future Ilaokground oonoentrations. 

f3j-The oonformity determination for eaoh transportation plan and TIP mllst disollss hO'll 

transit operating poliGies, inoluding fares and serviGe levels, and assllmed transit 

fidBrship have Ghanged sinoe the previolls oonformity determination. 

f4)-"The-Gen-fofrnity determination must inolude reasonable assumptions abo lit transit 

serviGe and inoreases in transit fares and road and bridge tolls over time. 

(5) The Gonformity determination must lise the latest existing information regarding the 

effectiveness of the TCMs and other implementation plan measlIres which have already 

been implemented. 

(6) Key assumptions shall be specified and iAclllded in the draft docllments and 

supporting materials used for the interagency and pllllliG consllitation required by OAR 

340 252 0060. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Commission lInder OI\R 340 200 0040.] 

Sta!. /\uth.: ORS 46B.020 

Stats. Implemented: ORS 46BI\.035 

His!.: DEQ 7 1995, f. 8. cer!. ef. 3 29 95; DEQ 17 199B, f. 8. cert. ef. 9 23 9B; DEQ 14 

1999, f. 8. oer!. ef. 10 14 99, Renumllered from 340 020 OBi 0 

340 252 0120 

Criteria and Procedures: Latest Emissions Model 

(1) The conformity determination must Ile based on the latest emission estimation 

model available. This criterion applies during all period&.-tt-is satisfied if the most OUfF-e-nt 

version of the motor vehicle emissions model specified Ily EPI\ for use in the 

preparation or revision of implementation plans in that State or area is lIsed for the 

oonformity analysis. VVhere. EMFAC is the motor vehicle emissions model used in 

preparing er revisi~ the applicallie implementation plan,fle\l\l versions must Ile 

approved by EPA before they are used in the oonformity analysis. 
Attachment 3.1, pg. 36 

(2) EP/\ "viII consult INith DOT to establish a grace pCfied following the specification of 

any new model. 

fa1-The grace period will be no less than three months and no more than 24 moo#ls 

aftcr notice of availability is PlJblished in the Federal Register. 

(b) The length of the grace period 'Nill depend on the degree of change in the model and 

the scope of replanning likely to be necessary by MPOs in order to assure conformity. If 

the grace period will be longer than three months, EPA '.viii announce the appropriate 

grace period in the Federal Register. 

(3) Transportation plan and TIP conformity analyses for which the emissions analysis 

was-begun during the grace l3eriod or before the Federal Register notice of availability 

of the latest emission model-may-continue to use the previous version of the-medehConformity determinations for I3rejects may also be eased on the previous model ifthe 

attaIysis was begun during the grace peried of before the Federal Register notice ef 

availability, and if the final environmental document for the I3reject is issued no mere 

than three years after the issuance of the draft environmental document. 

[NOT~: This rule is included in the State of Oregen Clean Air Act Iml3lemenlation Plan 

as adol3ted by the Envirenmental Quality Cemmission under OAR 340 200 0040-1 

Stat. Auth.: ORS 468.020 

Stats. Iml3lemented: ORS 468,11,.035 

His!.: DEQ 7 1995, f. 8. cer!. ef. 3 29 95; DEQ 17 1998, f. 8. ccrt. ef. 9 23 98; DEQ 14 

1009, f. 8. cert. ef. 10 14 00, Renumbered from 340 020 0820 

3402520130 

Criteria and PrecedlJres: CenslJltatien 

Conformity must ee determined accerding to the consultatien I3recedures in OAR 340 

252 0060 and in the applicable implementation I3lan, and according to the l3ublic 

involvement procedures estaelished in coml3liance with 23 CFR l3art 450. Until the 

implementation I3lan revision required by 40 CFR 51.390 is fully al3proved by EPA, the 

conformity determination must be made aecording to O/\R 340 252 0060(1)(b) and 340 

2132 0060(4) and the requirements of 23 CFR part 450. 

[NOT~: This rule is in eluded in the State of Oregon Clean Air Act Implementation Plan 

as adol3teEi by the Environmental Quality Commission under OAR 340 200 0040.] 

[Publications: The I3lJblications referred to or incorporated by referenee in this rule are 

available from the ageney.] 

Stat. Auth.: ORS 468.020 

Stats. Iml3lemented: ORS 468,11,.035 
Attachment 3.1, pg. 37 

~ist.: DEQ 71995, f. 8. cert. ef. 3 29 95; DEQ 17 1998, f. 8. cert. ef. 9 23 98; DEQ 14 

1999, f. 8. cert. ef.10 14 99, RenUflll3ered from 34G 020 0830 

340 252 0140 

GRteria and Procedures: Timely Imfllementation ofTCMs 

(1) The transportation fllan, TIP or FHVVAlFTA project or regionally significant flFojects 

apflroved or adopted By a recipient of funds under Title 23 U.S.C. which is not from a 

conforming plan and TIP must provide for the timely imf*orneAtation of TCMs from the 

applicaBle iFRfllementation fllan. 

(2) For transportation plans, this criterion is satisfied if the following 1\'.'0 conditions are 

mot-; 

(a) The transportation plan, in descriBing the envisione€l-future transportation system, 

f}fG\fides for the timely completion or implementation of all TCMs in the applicaBle 

implementation plan which are eligiBle for funding under title 23 U.S.C. or the Federal 

Transit Laws, consistent 'Nith schedules included in the applicaBle implementation plan. 

:r-imely implementation of TCMs which are not-eli§il3le for funding under Title 23 U.S.C. 

or the Federal Transit La'Ns is required-·where failure to implement such measure(s) 'N-iU 

jeopardize attainment or maintenan~ 

(b) Nothing in the transportation I3lan interferes with the implefReA-tation of any TCM in 

the applicaBle implementation plan. 

~r TIPs, this criterion is satisfied if the following conditions are met: 

(a) An examination of the specific stops and funding source(s) needed to fully 

implement each TCM indicates that TCMs ' .... hich are eligiBle for funding under title 23 

U.S.C. or the Federal Transit Laws are on or ahead of the schedule estaBlished in the 

applicaBle implementation plan, or, if such TCMs are Behind the schedule estaBlished in 

the applicaBle implementation fllan, the MPO and DOT have determined after 

consultation in accordance with OAR 340 252 0060 that past oBstacles to 

imfllementation of the TCMs have Been identified and have Been or are Being 

overcome, and that all State and local agencies with influence over approvals or funding 

of TCMs are giving maximum priority to approval or funding of TCMs over other projects 

within their control, including projects in locations outside the nonaltainmOfl-!-Gf 

maintenance area. Timely implementation ofTCMs II:hich are not eligiBle for funding 

under title 23 U.S.C. or the Federal Transit Laws is required where atlainmOfl-!-Gf 

maintenance of a standard is jeopardized. 

(b) If TCMs in the applicable implementation plan have previously been programmed for 

Federal funding But the funds have not been OBligated and the TCMs-are behind the 

schedule in the implementation plan, then the TIP cannot Be found to conform if the 

funds intended for those TCMs are reallocated to projects in the TIP other than TCMs, 
Attachment 3.1, pg. 38 

or if there are no other TCMs in the TIP, if the funds are reallocated to projects in the 

TIP olhar-than projects which afe-eligible for Pederal funding intended for air Ejuality 

improvement projects, e.g., the Congestion Mitigation and Air Quality Improvement 

Program. 

(6) Nothing in the TIP may interfere with the implementation of any TGM in the 

applicable implementation plan. 

(4) Por PHWAlFfA projects and regionally significant projects approved or adopted by a 

recipient of funds under Title 23 U.S.C. which are not from a conforming transportalion 

plan and TIP, this criterion is satisfied if the [lroject does not interfere with the 

implementation of any TCM in the applicable implementation ~ 

{NOTE: This rHIe is included in the Slate of Oregon Clean Air Act Implementation Plan 

as-adopted by the Environmental Quality Commission under OAR 340 200 0040.] 

~!. /\uth.: ORS 468.020 

~ats. Im[llemented: ORS 468A.035 

His!.: DEQ 7 1995, f. & cert. ef. 3 29 95; DEQ 17 1998, f. & cert. ef. 9 23 98; DEQ 14 

1999, f. & cert. ef. 10 14 99, Renumbered from 340 020 0840 

340 252 0150 

Criteria and ProcCl:lures: Currently ConforminlJ Transportation Plan and-+IPThere must be a currently cenforming transportation plan and currently conforming TIP 

at the time of [lroject ap[lroval. 

(1) Only ene conforming trans[lortation plan or TIP may exist in an area at any time; 

conformity determinations of a [lrevious trans[lortation [llan or TIP Olcpire ence the 

current plan or TIP is found 10 conform by DOT. The oonformity determination on a 

transpertation plan or TIP ' .... ill also lapse if conformity is not determined aooording to the 

freEjuency reEjuirements of OAR 340 252 0050. 

(2) This criterion is not reEjuired to be satisfied at the time of [lrojeot approval for a TCM 

SJ3OBif-isaUy included in the applicable implementation [llan, [lrovided that all other 

relevant criteria of this division are satisfied. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Commission under OAR 340 200 0040.] 

Sta!. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.035 

His!.: DEQ 7 1995, f. & cer!. ef. 3 29 95; DEQ 17 1998, f. & oerl. ef. 9 23 98; DEQ 14-

1999, f. & oert. ef. 10 14 99, Renumbered frem 340 020 0850 
Attachrnent 3.1, pg. 39 

340 2520160 

Cri teria and Procedures: Projects from a Plan ana.-:r-IP 

(~ ) 

sal 

pro 

. Ian and program. If Ihis oriterion is not The project mblst come fro.m ? con~~i: ~able ~ of OAR 340 252 0100 for a 

isfied the project mblst satisfy all cFlle~la I d TIP A project is considered to be 

fro 

rbll 

rbll 

ject n'ot from a conforming .transporta.!lon p an a: re lli~~~effis.-ef-seotion (2) of this 

m a oonforming IranspOFlation plan I.~ I~::t~t~h~ req~irements of sectien (3) o.f this. 

e and from a conforming program If I r bl implementation plan are prOVided In 

e. Special provisions for TCMs In an app IDa e 

se ction (4) of this rblle. 

(2) I\ project is consider~d to be from a oonformlngransp . t oftaOOn plan if one of the 

fol lowing conditions appll~ 

(a .' . b 'denlified in the transportation plan in ord?r to , ) For projects 'NhiCh are reqUired loe I I f n Plans") the project IS speCifically s atisfy OAR 340 252 0~70 ("conte=t r Tr~~;dat~e project'~ design concept and 

clblded in the cOnformlngya~.spo tI~ ;:Onnithose which 'Nere described in the .. 

soepe have not chang~gnl loan '~h' h '"'ololid significantly impact llse of-the-faoilitYTGf 

in 

Ir ansporlation plan, or In a manner.. IC .. . 

( . . s ecifically idenlified in the transporla!l~n 

p 

b) For projects 'NhiOh ar~ no: reqllired 10 b~n Plrans eFtalion plan, or is Gonsislenl wllh 

lan, Ihe projecl is identified In Ihe con~r~ g Ian 1nd will nol inlerfere wilh olher I he olicies and pllrpose of Ihe transpo a Ion p 

P roj:cls specifically incillded in tRe transporlatlon plan. . . 

( 3) A projecl is considered 10 be from a conforming program if tRe follo' .... ing Gondilions 

are met: 

( 

I 

. . TIP and tRe design Goncept and scope of a) The projeGI is incillded In the confor~~g TIP conformity determination 10 delermlne 

i he projeGI were adeqllale all~e lime o. . e d Ihe rojecl design concepl and 

Is contfiblliion 10 Ihe TIP's. re~lona:I~7IsSI~::~:~"hicR~ere described in Ihe TIP; and 

scope Rave nol changed slgnlHcan 't rom .. 

. . once I and scope which inclbldes projecllevel (b) If Ihe TIP describes a prOjecl deSign G '"' l Gommilmenls 10 implemenl slloh 

emissions mitigation or ?ontrol me:sblr~::e~;ls::nsor andler operalor as reqblired by 

measblres musl be oblalned from t e p j. be considered from a conforming 

OAR 340 252 0260(a). in OFder ~r. the. prOj~~tot:trol measblFes tRat 'NObild significantly 

program. Any change In these ~~!I[atlon ~ange in the design concept and scope of the reduce their effectiveness cons lues a c 

projeot. . . 

(4) TCMs. TRis oriterion is not required to be satisfied for TCMs specifioally Included In 

an applioable implementation plan. 
Attachment 3.1, pg. 40 

{NOTE: This rule is included in the Slale of Oregon Clean Air /\Gt Irnt»ementation Piafl 

as adopted by the Environmental Qualily Commission under 0AA-340 200 0040.] 

Slat. /\uth.: ORS 468.020 

Stats. Implemented: 0R&-468/\,035 

His!.: DEQ 7 1995, f. &. cert. ef. 3 29 95; DEQ 17 1998, f. &. cert. ef. 9 23 98; DEQ 14-

1999, f. &. cert. ef. 10 14 99, Renumbered from 340 020 0860 

34 g 252-Q.41() 

Criteria and Procedures: localized CO and-PM41l Violations (Hot spotst 

(1) This seclion applies at al!limes. A FHVVAlf+/\ project and any regionally significant 

j3roject approved or adopted by a recipienl of funds under title 23 U.S.C. must not cause 

Gf-GeffiriBute to any new-!ocalized CO or PM.w-viblations or increase the-fr-e(Juency Of 

severity of any existin§--CO or PM.w violations in CO and PM.jQ nonatlainment and 

maintenance areas. This criterion is satisfied if il is demonstrated thai no new local 

violations 'Nil! be crealed and lhe severity or number of exisling violations 'N4l1-oot-b-e 

increased as a result of-tAe project. The demonslration musl be performed according to 

the consultation re(Juiremenls of Ol>,R 340 252 0060(2)(e) and lhe methodology 

re(Juirements of 340 252 0240. 

(2) This seclion applies for CO nonatlainment areas as described in OAR 340 252 

0100(4)(a). Each projeGt must eliminate or redllce the severily and number of localized 

CO violations in the area substantially affecled by lhe project (in CO nonallainment 

areas) according to the consultation requir-ements of 340 252 0060(2)(e) and the 

methodology requiremenls of 

340 252 00240. This crilerion is satisfied with respeGt-to existing localized CO violalioflS 

if it is demonstraled lhat existing localized CO violations will be eliminated or reduced in 

severity and number as a result of the project. 

{NOTE: This riolle is included in lhe State of Oregon Clean Air Acllmplementalion Plan 

as adopted by the Environmental Quality Commission under OAR 340 200 0040.] 

[Publications: The publications referred to or incorporated by reference in this rule--a-fe 

available from tAe agency.] 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.035 

Hist.: DEQ 71995, f. &. cert. ef. 3 29 95; DEQ 17 1998, f. &. cert. ef. 9 23 98; DEQ 14 

1999, f. &. cert. ef. 10 14 99, Renumbered from 340 020 OS70 

3402520180 

Criteria and Procedures: Compliance '/litA PM41l Control Measures 
Attachment 3.1 , pg. 41 

~VV/\IFTA project and any regionally significant project approved or adopted by-a 

recipient of funds binder Title 2;! U.S.C. mblst comply with PM;.g control meaSbires in the 

awlicable implementation plan. This criterion is satisfied if the pfOje.ct level conformity 

determination contains a written commitment from the project sponsor to inclblde the 

final plans, specifications, and estimates for the project those control measblres (for the 

pblFpose of limiting PM;.g emissions from the constFblction activities and/or normal use 

and operation assooiated with the project) centained in the applicable implementation 

fllaH-, 

[NOTe: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Qblality Commission under OAR ;!40 200 0040.] 

Stat. Ablth.: ORS 468.020 

Stats. Implemented: ORS 468A.O;!5 

His!.: DEQ 71995, f. 8. cer!. et.;! 29 95; DEQ 17 1998, f. 8. cert. ef. 92;! 98; DEQ 14 

1999, f. 8. cert. ef. 10 14 99, Renumbered from 340 020 0880 

3402520190 

Criteria and ProcedUl'OSi-MotGr Vehicle emissions Budget 

(1) The transportation plan, TIP, and project not from a conforming transportation plan 

and TIP mblst be consistent with the motor vehicle emissions bbldget(s) in the applicable 

implementation plan (or implementation plan submission). This criterion applies as 

described in OAR 340 252 0100(3) throblgh (7). This criterion is satisfied if it is 

demonstrated that emissions of the pollutants or pollutant precursors described in 

paragraph (c) of this section are less than or equal to the motor vehiole emissions 

budget(s) establish€d in the applicable implementation plan or implementation plan 

submission. 

(2) Consistency INith the motor vehicle emissions bbldget(s) must be demonstrated for 

each year for 'Nhich the applicable (and/or Slolbmitted) implementatioR-j:)lan specifically 

establishes motor vehicle emissions budget(s). for the last year of the trimsportation 

~an's forecast period, and for any intermediate years as necessary so that the years for 

which consistency is demonstrated are no mere than ten years apart, as follows: 

(a) Until a maintenance plan is submitted:. 

(A) Emissions in each year (sblch as milestone years and the attainment year) for '.'IIhiGh 

the control strategy implementation plan revision establishes motor vehicle emissions 

btldget(s) must be less than or equal to that year's motor vehicle emissions budget(s); 

afl€I 

(13) Emissions in years for which no motor vehicle emissions budget(s) are specifically 

established must be less than or equal to the motor vehicle emissions budget(s) 

established for the most recent prior year. For eJ(am~e, emissions in years after the 
Attachment 3.1, pg. 42 

~ttai~ment year for which the implementation plan does not establish a budget mu t b 

ess han or equal to the motor vehicle emissions budget(s) for the at!ain~ e 

tbJ-When a maintena 

U\) E~issions must be less than or equal to the motor vehicle emissions bud 

established for the last year ?f the maintenance plan, and for any other yearsg~tJ.icR t~e ~alRtenance pla.n establishes molor vehicle emissions budgets. If the maintenance 

ian, oes nol esta~lIsh motor vehicle emissions budgets for any years other Ihan the 

,~styear of th? maintenance plan, the demonstration of consistency with the motor 

~:h;~~o~:~~=il::~,,:~f::~:~:~st bet ~:c~~panied by a qualitalive finding that there are .. n ~~ ~r con'FI~u-e -0 a ne'" "101 f il 

violation ~n the years before the last year of til; rnai~ten:nl:: °l~:)(;~:r;n~te an eXi~ting consultation process required ily 0 6 R 340 252 OOeO h II d ~.. eragenc; . • , ~~ s -a .. ~e·ermme "'hat must-be 

conSidered in order 10 make such a finding; .. 

( 13) For years after the last year of the maintenance plan emissions must be I 

::: equ~1 :0 the maintenance plan's motor vehicle emissi~ns budget(s) for the ~:~ ~~::.m e main enance plan; and ~ 

( 

I 

C) If ~n afltrOVed control strategy implementation plan has established motor "ehicle 

emissions udgets for years in the timeframe of the transportation plan emissi;ns in 

~::: ;,e~~slmustbe.less than or equal to the control strategy imflleme~tation plan's 

r • e IC e emissions budget(s) for these years. 

( 3) Consistency with the motor vehicle emissions budget(s) must be demonstrated for 

e ach p~IIutant or pollutant precursor in OAR 340 252 0020(2) for "'hich the .. 

oonattamme.nt or mainten~nc? and for which the applicable imple:entation a~:: I~;n i mplementallon plan submiSSion) establishes a motor vehicle emissions bUd:el. ( 

(4 ) Co.nsiste~cy. with the motor vehicle emissions budget(s) must be demonstrated b ' 

cl~dmg eml~slons from the entire transportation system including all re . Y· 

gn!ficant p~olects contained in the transportation I3lan a~d all other regiO~~ gnlf~cant h!ghway and transit projects expected in the nonattainment or mai~te 

in 

si 

si 

(a 

a 

34 

(b) ihe regional emissions ~nalysis may be performed for any years in the timeframe of 

th e ransp?rt.atlon I3lan prOVided they are not more than ten years apart and ro"ided 

tR e analysl~ IS performed for the attainment year (if it is in the timeframe of t:e • 

ror:h.or~atlon tra ~I:n) anti. the last year.ofthe plan's forecast period. Emissions in years 

IC consls ency-lll'lth motor vehicle emissions budgets must be demonstrated, as 
Attachment 3.1, pg. 43 

fe€lWFe€Hn section (2) of this rule, may be determined by intOfJ3Slati-Afj-beW.'Oen the 

years for which the regional emissi~&flerformed. 

(5) motor vehicle emissions budgets in submitted control strategy...implementation plan 

revisions and submitted maintenance plans. 

(a) Consistency-with the motor vehicle emissions budgets in submitted control strategy 

implementation plan revisions or maintenanoe plans must be demonstrated if EPA has 

declared the motor vehicle emissions budget(s) adequate for transportatkm conformity 

j3Urposes, dr beginning 45 days after the control strategy implementation plan revision 

or maintenance plan has been submitted (unless EPA has deolared the motor vehicle 

emissions budget(s) inadequate for transportation con.formity purposes). Howev-ef; 

submitted implementation plans do not supersede the motor vehicle emissions budgets 

in approved implementation plans for the period of years addressed by the approved 

implementation plan. 

(b) If EPA has declared an implementation plan submission's motor vehicle emissions 

butlget(s) iflad.equate for transportation conformity purposes, the inadequate budget(s) 

shall not se used to satisfy the requirements of this seotion. Consistenoy ' .... ith the 

f)fOVieusly established motor vehicle-em1ssiGns sudget(s) must be demonstrated. If 

there are no previous approved implementation plans or implementatioll-i*m 

susmissions 'Nith motor vehicle emissions budgets, the emission reduction tests 

required sy OAR 340 252 0200 must be satisfied. 

(c) If EPA declares an implementation plan submission's motor vehicle emissions 

budget(s) inadequate for transportation conformity purposes more than 45 days after its 

submission to EPA, and conformity of a transportation plan or TIP has already seen 

determined by DOT using the sudget(s), the conformity determination will remain valid. 

Projects included-in that transpertation plan or TIP could still satisfy OAR 340252 015{} 

and 340 252 0160, which require a currently conforming transportation plan and TIP to 

be-in-place at the time of a project's conformity determinatiofl-aml-tfl.at-pfojects come 

from a conforming transportatfen-plan-aflG-r~ 

(d) EPA will not find a motor vehicle emissions sudget in a susmitted control strategy 

implementation plan revision or maintenance plan to se adequate for transportation 

conformity purposes unless the following minimum criteria are satisfied: 

(A) The susmitted control strategy implementation plan revision or maintenance plan 

was endorsed sy the Governor (or his or her designee) and Vlas subject to a State 

flUblic hearing; 

(B) Before the control strategy implementation plan or maintenance plan was susmitted 

to EPA, oonsultation among federal, State, and local agencies occurred; full 

implementation plan documentation was provided to EPA; and EPA's stated concerns, if 

any, were addressed; 
Attachment 3.1, pg. 44 

(C) The motor vehicle emissions budget(s) is clearly identified and precisely-q.uamified+ 

(D) The motor vehicle emissions budget(s), when considered together with all Gthef 

emissions sources, is consisteffi-vJith applicable requirements for reasonable further 

!*Ogress, attainment, or maintenance (whichever is relevant to the given 

implementation plan slJbmission); 

(E) The motor vehicle emissions blJdget(s) is consistent with and clearly related to the 

emissions inventory and the control meaSlJres in the slJbmiUed control strategy 

implementation plan revision or maintenance plan; and 

(F) Revisions to previously-submitted control strategy implementation plans or 

maintenance plans meplain and document any ohanges to previously slJbmitted budgets 

aM-Bontrol measmes; impacts on point and area source emissions; any changes t{} 

established safety margins (see OAR 340 252 0030 for definition); and reasons for the 

changes (inollJding the basis for any ohanges related to emission faotors or estimates of 

vehiole miles traveled). 

(e) Before determining the adeqlJaoy of a submitted motor vehiole emissions blJdget, 

EPA will revie'.'l the State's oompilation of plJblic comments and response to comments 

that are reqlJireEi to be slJbmitted with any implementation plan. EPA ' .... ill doclJment its 

consideration of SlJch comments and responses in a letter to the State indicating the 

adeqlJacy of the slJbmitted motor vehicle emissions blJdget. 

(f) VVhen the motor vehicle emissions blJdget(s) lJseEi to satisfy the reqlJirements of this 

section are established by an implementation plan slJbmittal that has not yet beeR 

approved or disapproved by EPA, the MPO and DOT's conformity determinations will be 

deemed to be a statement that the MPOanEi DOT are not aware of any information that 

WGlJld indicate that emissions consistent with the motor vehicle emissions blJdget will 

calJse or contriblJte to a new violation of any standard; increase the freqlJency or 

severity of any existing violation of any stanEiard; or delay timely attainment of-any 

standard or any reqlJired interim emission redlJctions or other milestones. 

[NOTe: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental QlJality Commission lJnder OAR 340 200 0040.] 

Stat. AlJth.: ORS 468.020 

Stats. Implemented: ORS 468/\.035 

His!.: DEQ 71995, f. & cerl. ef. 3 29 95; DEQ 17 1998, f. & cerl. ef. 9 23 98; DEQ 14 

1999, f. & cert. ef. 10 14 99, RenlJmbered from 340 020 0890 

34 9 252 Q.2O.O 

Criteria and Procedures: emission Reductions in Areas 11Vithout Motor Vehicle 

emissions Budgets 
Attachment 3.1, pg. 45 

(1) The transportation plan, TIP, and project not from a conformin~sportatioR-j:)l;m 

and TIP must contribute to emissioR&-fOductions. ThJs...sriterion applies as desGfifJed-ifl 

OAR 340 252 0100(3) through 340 252 0100(7). It applies to the net effect of the action 

ftFaRsportation plan, TIP, or-J*Oject not fr(jfF1 a con~ transportation plan and TIP) 

on motor vehicle emissions from the entire transportalien-system.. 

(2) This criterion may be met in moderate and above ozone nonatlainment areas that 

are subject to the reasonable further progress reE{uirements of GAA section 1 B2(b)(1) 

and in moderate ' .... ith design value greater than 12.7 ppm and serious CO 

nonatlainment areas if a regional emissions analysis that satisfies the requiremeffis-e.f 

OAR 340 252 0230 and sections (5) through (B) of tRis-rule demonstrates that for eaGit 

analysis year and for each of the pollutants described in section (4) of this rule: 

(a) The emissions predicted in the "Action" scenario are Ie-ss than the emissions 

predicted in the "Baseline" scenario, and this can be reasonably expected to be true in 

the periods between the analysis years; and 

(b) The emissions predicted in the "Action" scenario are-lev.'er than 1990 emissions by 

any nonzero amount. 

(3) This criterion may be met in PMw and NO:..nonatlainment areas; marginal and 

below ozone nonatlainment areas and other ozone nonattainment areas that are not 

subject to the reasonable further progress requirements of G/\/\ section 182(b)(1); and 

moderate witA-designvalue-le-ss than 12.7 ppm and below GO nonallainment areas if a 

regional emissions analysis that satisfies the reE{uirements of O/\R 340 252 0230 and 

sections (5) through (8) of this rule demonstrates that for each analysis year and for 

each of the pollutants described in seotion (4) of this rule, one of the following 

reE{uirements is met: 

(a) The emissions predicted in the "Action" scenario are less than the emissions 

predicted in the "Baseline" scenario, and this can ee reasonably expected to ee true-iflthe periods between the analysis years; or 

(b) The emissions predicted in the "Aotion" soenario are not greater than easeline 

emissions. Baseline emissions are those estimated to have occurred during calendar 

year 1990, unless an implementation plan revision defines the baseline emissions for a 

PMw area 10 be those ooourring in a different calendar year for which a easeline 

emissions inventory was developed for the purpose of developing a oontrol strategy 

imj:Jlementation plan. 

(4) Pollutants. The regional emissions analysis must be performed for the follo~ 

pollutants: 

(a) VOG in ozone areas; 
Attachment 3.1, pg. 46 

fbt-NGx in ozone areas, unless the EPA Administrator determines that additiooal 

reductions of NO" would not cornribute to attainment; 

(c) CO in CO areas; 

(dt-PMw in PM4Q areas; 

(e) Transportation related precursors of PMw-ifl-PMw nonattainment and maintenance 

areas if the EP/\ Regional Administrator or the director of the State air agency has 

made a finding that sllch precmsor emissions from within the area are a significant 

contributor to the PM.w.nonattainment problem and has so notified the MPO and DOT; 

aM 

(1) NO" in NOa areas. 

(5) Analysis years. Tho regional emissions analysis mllst be performed for analysis 

years that are no more than ten years apart. The first analysis year mllst be no more 

than five years beyond the year in which the- conformity determination is being made .. 

The last year of a transportation plan's forecast period must also be an analysis year. 

(6) "Baseline" scenario. The regional emissiens analysis required by sections (2) and 

(3) of Ihis mle mllst estimate the emissions that 'IIollld resllit from the "Baseline" 

scenario in each analysis year. The "Basoline" scenario mllst be dofined for each of the 

analysis years. The "Baseline" sGenario is tRe futme transflortaiion system tRat will 

resllit from CUFFent programs, including tRe following (except tRat oxempt projects listed 

in OAR 340 252 0270 and projects exemflt from regienal emissions analysis as listed in 

310 252 0280 need net be el(flliciUy censidered): 

(a) All in fllace regionally significant highway and transit facilities, services and activities; 

·(b) /I,ll ongeing travel demand management er transperiation system management 

activities; and 

(c) Comflletion of all regionally significant projects, regardless of funding semce, wRich 

are cllFFently under constrllctien or are undergoing rigRt of way acquisition (exceflt for 

hardship acqllisitien and protective buying); come frem the first year of the pre'liollsly 

cenferming transperiation plan and/or TIP; or have completed the NEPA process. 

(7) "Action" scenario. The regional emissions analysis required by sections (2) and (3) 

ef this rule mllst estimate the emissions tRat 'Nollid result from the "/\ction" sconario in 

each analysis year. The "Action" scenarie must be defined for each ef the analysis 

years. The "Actien" scenarie is tRe transpertatien system that wOllld result from the 

implementation of the proposed action (transportation plan, TIP, er project not from a 

conferming transperiation plan and TIP) and all ether expected regionally significant 

projects in the nE>Rattainment area. The "Action" scenario FAllst incillde the follewiflg-

(except that exempt projects listed in OAR 340 252 0270 and projects exemflt frem 
Attachment 3.1, pg. 47 

regional emissions analysis as listeG-+n 340 252 02BO need. not be explisitly 

considered): 

(.a)--AU-faGilities, services, and activities in the "Baseline" scenario; 

fIa) Completion of all TCMs and regionally significant projects (including facilities, 

services, and activities) specifically identified in the proposed transportation pla~ 

will-I,m operational or in effect in the analysis year, except that regulatory TCMs may not 

be assumed to begin at a future time unless the regulation is already adopted by--tllB 

enforcing jurisdiction or the TCM is identified in tAe applicable implementation plaw, 

~mand management programs and transportation system m~ 

activities kno'Nn to the MPO, but not included in the applicable implementation plaR-9f 

utilizing any Federal funding or apjmlVal, which have been fully-atlopted and/or funded 

by theonforcing jurisdiction or sponsoring agency since the last confofmity 

determination; 

(d) The incremental effects of any travel demand management prog.rams and 

transportation system management activities known to the MPO, but not included in the 

applicable implementation plan or utilizing any Federal funding or approval, which were 

adopted andlor funded prior to the date of the last conformity determination, but which 

have been modified since then to be more stringent or effective; 

(e) Completion of all expected regionally significant highway and transit projects wfliffi 

are not from a conforming transportation plan and TIP; and 

(f) Completion of all e)(pected regionally significant non FHVVAlFTJI. highway and transit 

projects that have clear funding sources and commitments leading toward their 

implementation and completion by the analysis year. 

(B) Projects not from a conforming transportation plan and TIP. For the regional 

emissions analysis required by sections (2) and (3) of this rule, if the project which is not 

from a conforming transportation plan and TIP is a modification of a project currently in . 

the plan or TIP, the "Baseline" scenario must include the project with its original design 

concept and scope, and the "Action" scenario must include the project with its new 

design concept and scope. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Commission under OAR 340 200 0040.] 

[Publications: The publications referred to or incorporated by reference in this rule are 

available from the agency.] 

Stat. .'''uth.: ORS 46B.020 

Stats. Implemented: ORS 468/\.035 
Attachment 3.1, pg. 48 

His!.: DEQ 7 1995, f. & cert. ef. 3 29 95; DEQ 17 1998, f. & oert. ef. 9 23 98; DEQ 14 

. -1-999, f. & oert. ef. 10 14 99, Re-Aumbered from 340 020 0900 

3402520210 

Consequences of Control Strategy Implementation Plan Failures 

(1) Disapprovals. 

(a) If EPA disapproves any submitted oontrol strategy implementation plan revision (witH 

or without a proteotive finding), the oOflfOffflil-y status of the transportation plan and TI-FL 

shall lapse on the date that highway sanctions as a result of the disapproval are 

imj:JGSeG-oo the nonattainment area under soction 179(b)(1) of the C/\l\: No-new 

transllortation Illan, TIP, or project may be found to conform until another control 

strategy imillementation-plan revision fulfilling the same CftA requirements is submitted 

and conformity to this submission is determined. 

(b) If EPA disapllroves a submitted control strategy implementation plan revision ' .... ithou! 

making a proteotive finding, then beginning 120 days after such disapproval, only 

projects in the first three years of the ourrently conforming transportation plan and TIP 

may be found to conform. This means that eeginning 120 days after disallilroval 'Nithout 

a IlrQteotive finding, no transportation plan, TIP, or Ilroject not in the first three years of 

the currently conforming Illan and TIP may be found to conform until another control 

strategy imillementation plan revision fulfilling the same CAl'. requirements is submitted 

and conformity to this suemission is determined. During the first 120 days following 

EPA's disallilroval without a Ilrotective finding, transllortation Illan, TIP, and project 

conformity determinations shall be made using the motor vehicle emissions budget(s) in 

the disallProved control strategy implementation plan, unless another control strategy 

implementation plan revision has been submitted and its motor vehicle emissions 

budget(s) applies for transportation conformity purposes, pursuant to OAR 340 252 

~ 

(c) In disapproving a control strategy implementation plan revision, EPA would give a 

protective finding where a suemitted Illan contains adollted control measures or WFitteR 

commitments to adollt enforceable control measures that fully satisfy the emissions 

reduotions requirements relevant to the statutory Ilrovision for which the implemefltatioo 

Illan revision was suemitted, such as reasonable further progress or attainment. 

(2)Failure to submit and incomilleteness. In areas where EPA notifies the State, MPO, 

and DOT of the State's failure to submit a control strategy imillementation Illan or 

submission of an incomillete control strategy implementation Illan revision (either of 

which initiates the sanction Ilrocess under CAA sections 179 or 11 O(m)) , the conformity 

status of the transportation Illan and TIP shaliiallse on the date that highway sanctions 

are imposed on the nonattainment area for such failure under section 179(b)(1) of the 

CAA,., unless the failure has been remedied and acknowledged ey a letter from the EPA 

Regional Administrator. 
Attachment 3.1, pg. 49 

(3) Federal implementation plaR&.-lf EPA promulgates a Federal implementation plan 

that contains-motof-Vehicle emissions budget(s) as a result of a State failure, the 

conformity lapse imposed by this section because of that State failure is removed. 

{NQ+E.....;..TRis-fIJie-is-iflBluded in t~tate of Oregon Clean Air /\ct Implementation-P-laR 

as adopted by the Environmental Quality Commission under OAR 340 200 0040.] 

[Publications: The publications referred to or incorporated by reference in this rule are 

available from the agency.] 

Stat. Allth.: ORS 468.020 

Stats. Implemented: ORS 468/\.035 

His!.: DEQ 7 1995, f. &. cert. ef. 3 29 95; DEQ 17 1998, f. &. cer!. ef. 9 23 98; DEQ 14 

1999, f. &. cert. ef. 10 14 99, Rellllmbered from 340 020 0910 

34Cl 252 Cl22Cl 

Requirements for Adoption or Approval of Projects by Other Recipients of Funds 

Designated under Title 23 U.S.C. or the Federal Transit laws 

(1) Except as provided in section 2 of this rule, no recipient of Federal funds designated 

llnder title 23 U.S.C. or the Federal Transit Laws shall adopt or approve a regionally 

significant highway or transit project, regardless of fllnding SOllrce, unless the recipient 

finds that the reqllirements of one of the fGl-le' .... ing are met: 

(a) The project was included in the first three years of the most recently conforming 

transportation plan and TIP (or the oonformity determination's regional emissions 

aAalyses), even if oonformity status is cllrrently lapsed; and the project's design concept 

and scope has not ohanged significantly from those analyses; 

(b) There is a cllrrently conforming transportation plan and TIP, and a new regional 

emissions analysis including the projeot and the currently conforming transportation 

plan and TIP demonstrates that the transporlatioRflan and TIP wOllld still conform if the 

project>.vere implemented (consistent with the requirements of OAR 340 252 0190 

and/or 3402520200 for a project not from a conforming transportation plan and TIP); 

Of . 

(c) 'Nhere applioable, as established in OAR 340252 0240, project level hot spot 

analysis crileria have been salisfied. 

(2) In non metropolitan nonattainment and maintenance areas subjeot 10 OAR 340 252 

G-WO(7) , no recipient of Federal fllnds designated llnder title 23 U.S.C. or the Federal 

Transit Laws shall adopt or aflflrove a regionally significant highway or transit project, 

regardless of fllnding souroe, unless the reciflient finds that the requirements of one of 

the following are mel: 
Attachment 3.1, pg. 50 

(a) The project was included in the ro~ional emissions analysis supporting the most 

recent conformity determination for the portion of the slatewide transport-alion plan and 

+lPJA'hich aro in the nonallainment or maintenance area, and the project's desi~n 

concept and scope has not changed significantly; 

(b) A new rogional emissions analysis includin~ the project and all other regionally 

significant projects expected in the nonatlainment or majntenance aroa demonstrales 

that those projects in the statewide transportation plan and state'Nide TIP ' .... hich aro in 

the nonattainment or maintenance area '...,ould still conform if the project WQfe 

implemented (consistent with the requirements of OAR 340 252 0190 and/or 340 252 

0200 for projects not from a conforming transportation plan and TIP); or 

(st-Where applicable, as established in OAR 340 252 0240, project level hot spot 

analysis criteria have been satisfied. 

[NOTE: This rule is included in the State of Oregon Clean /\ir Act Implementation Plan 

as adopted by-the Environmental Quality Commission under OAR 340 200 004Q.,) 

[Publications: The publications reforred to or inoorporated by reforence in this rule are 

available from the agency.] 

Slat. Auth.: ORS 4€H~.020 

Slats. Implemented: ORS 468A.035 

His!.: DEQ 71995, f. & cert. ef. 3 29 95; DEQ 17 1998, f. & cert. ef. 9 2398; DEQ 14 

1999, f. & oert. ef. 10 14 99, Renumbered from 340 0201000 

340-252-0230 

Procedures for Determining Regional Transportation Related Emissions 

(1) General requirements. 

(a) The regional emissions analysis requiredby OAR 340 252 0190 and 340 252 0200 

for the transportation plan, TIP, or project not from a oonforming plan and TIP must 

include all regionally signifioant projects Olcpeoted in the nopattainment or maintenance 

area. The analysis shall include FHVVAIFTA projects proposed in the transportation plan 

and TIP and all other regionally significant projeots 'Nhich are disclosed to the MPO as 

required by 340 252 0060. Projects whioh are not regionally signifioant are not required 

to be e)(plioitly modeled, but vehicle miles traveled (VMT) from suoh projects mlfS!.-ge 

estimaled in aooordance '.'lilh reasonable professional practioe. The effecls of TCMs 

and similar projeots that are nol rogionally significant may also be estimated in 

accordanoe with reasonable professional praotioe. 

f9)-T1=ie emissions analysis may not include for emissions reduotion credit any 1CMs or 

other measures in Ihe applioable implemenlation plan which have been delayed beyond 

the scheduled date(s) until such time as their implementation has been assured. If the 
Attachment 3.1, pg. 51 

measure has been partially implemenled and it can be-€lemonstrated tRaHl-isi*EWi~ 

€i*l'arn~fbI1;H!HWssl9fl-.fe1:HHc7tticio>An-lb:lteHn\€elffiit!ts;" 

emissions reduction credit. 

Ihe emiss ion s analysis ~ 

(c) Emissions reduction credit from project5,fJrograms,or activities 'NhicA require a 

regulalofy aclion in order 10 be implemenled may-nol be included in Ihe emissions 

analysis unless: 

(A) The regulalory action is already adopted by Ihe enforcing jurisdiction; 

(B) The projecl, program, or activity is included in the applicable implementation plaA.,. 

(C) TAe conlrol strategy implementalion plan submissiGfHlf maintenance plan 

Stlbmission that establishes the motor vehicle emissions budget(s) for the purposes of 

OAR 340 252 0190 contains-a-writ!en commitment 10 the project, program, or activily by 

Ihe agency with authority-to-implement it; Of 

(D) EPA has approved an opt in to a Federally enforced program, EPA has promulgaled 

the program (if the control program is a Federal responsibilily, such as vehicle tailpipe 

standards), or Ihe Clean Air Act requires the program without need fOf-individual Slate 

actien and withollt any discretionary allthority for EPA to set its stringency, delay its 

effective date, or not implement the program. 

(d) Emissions redlJGtion credit from Gontrol meaSllres that are not incilleeeinthe 

transportation plan and TIP and that do not reqllire a reglliatory action in order to be 

implemented may not be included in the emissions analysis unless Ihe conformity 

determination incillaes written commilments to implementation from the appropriate 

entities. 

(A) Persons or enlities volllntarily committing to control meaSllres must comply 'Nith the 

obligations of such commitments. 

(B) The conformity implementatiofl-f}lan revision reqllired in40 CFR 51.390 must 

provide Ihat written commitments to control measures that are nOHncluded in the 

transportation plan and TIP must be obtained prior to a conformity determination and 

that such commitments must be fulfilled. 

(e) A regional emissions analysis for the purpose of satisfying the requirements of OAR 

340 252 0200 must make the same assumptions in both the "Baseline" and "Action" 

scenarios regarding control measures that are external 10 the transportation system 

itsolf, such as vehicle lailpipe or evaporative emission standards, limits on gasoline 

velatility, vehicle inspection and maintenance programs, and oxygenated or 

reformulated gasoline or diesel fuel. 

(f) The ambient temperatures used for the regional emissions analysis shall be 

consis!ent-with those used to establish the emissions budget in the applicable 
Attachment 3,1, P9, 52 

implementation plan, All other faotors, for example the fraotion of travel in a hot 

stabilized engine mode, must be consistent with the applicable implementation plan, 

unless medified after interagenoy consultation aooording to OAR 340 252 0060(2)(e) to 

incorporate additional or more geographioally specific information or represent a 

logically estimated trend in suoh factors beyend the peried considered in the applicaBle 

implementatien plan, 

(9) Reasonable methods shall be used to estimate nonatlainment or maintenance area 

VMT on off netv.'ork road'Nays within the urban transportation planning area, and on 

roadways outside the urban transportation planning area, 

(2) Regional emissions analysis in serious, severe, and extreme ozone nonattainment 

areas and serious CO nonattainment areas must meel the requirements of subseotions 

(2)(a) throllgh (c) efthis rule if their metropelitan planning area oontains an urbanized 

area populatio~over 200,000, 

(a) 13y January 1, 1997, estimates of regional transportation related emissions used to 

support conformity determinations must be made at a minimum using network based 

travel models according to prooedures and methods that are available and in practioe 

aRd supported by oUfreRt and available documentation, These procedures, methods, 

and praetices are available from DOT and ' .... iII be updated 'periodically, Agencies must 

discuss these modeling prooedllres and practioes through the interagency consllltatiOfl 

process, as required by OAR 340 252 0060(2)(e), Ne\v.'ork based travel models must at 

a minimum satisfy the following requirements: 

(/\) Netv{ork based travel models must be validated against observed counts (peak and 

off peak, if possible) for a base-year that is not more than 10 years prior to the date of 

the conformity determination, Model forecasts must be analyzed for reasonableness 

and compared to historical trends and other factors, and the results must be 

documented; 

(13) Land use, population, employment, and other nell.vork based travel model 

assumptions must be documented and based on the best available information; 

(e) Scenarios of land development and use must be consistent with the future 

transportation system alternatives for which emissions are beinfOj estimated, The 

distribution of employment and residences for different transportation options must be 

reasonable; 

(D) A capacity sensitive assignment methodolofOjy must be used, and emissions 

estimates must be based on a methodology which differentiates bell. ... een peak and off 

peak link volumes and speeds and uses speeds based on final assifOjned volumes; 

(E) Zone to zone travel impedances used to distribute trips beh/men origin and 

destination pairs must be in reasonable afOjreement witR4Ae-travel times that are 

estimated from final assigned traffic volumes, Where use of transit cllrrently is 
Attachment 3.1, pg. 53 

affiioipated to be a signifioant factor in satisfying transportation demanG,#lese times 

should also be used for modeling mode splits; an€! 

(F) Ner.'.'ork based travel models must be reasonably sensitive to changes in the 

time(s), cost(s), and other factors affooting travel choioes. 

(b) Reasonable methods in aooordance with good praotice must be used to estimate 

traffio speeds and delays in a manner that is sensitive 10 the estimated lfO!u.me of travel 

on eaoh roadway segment represented in the network-based travel model. 

(0) Highway Performanoe Monitoring gystem (HPMg) estimates of'Jehicle miles 

traveled (VMT) shall be considered the primary measure of-¥MT-within the portion of 

the nonatlainmenl or maintenanoe area and for the functional classes of roadways. 

included in HPMS, for urban areas whioh are samp-led on a separate UrMfl--area basis. 

For areas with ner.vork based travel models, a faotor (or faotors) may be developeG-!e 

reconcile and oalibrate the ner.'1ork based travel model estimates of VMT in the base 

year of its validation to the HPMS estimates for the same period. These factors may 

tAen be applied to mo· this factoring process, 

consideration >A'ill be given to differences bewmen HPMS and ner.'Iork based--trave1 

models, such as differences in the facility coverage of the HPMS and-the-modeled 

newo'ork desoription. Looally developed oount based programs and other departures 

from-these prooedures are permitted subjeBt-to the interagenoy oonsultatioR-pFeoedures 

of OAR 340 252 0060(2)(e). 

(3) All other metropolitan nonatlainment areas shall comply with the following 

ffil:lUirements after January 1, 1996: 

(a) Estimates of regional transportation related emissions used to support oonformity 

determinations must be made according to the procedures 'Nhlch meet the reEluirements 

in sections (3)(b) and (0) of this rule. 

(b) Procedures ' .... hioh satisfy some or all of the requirements of section (2) of this rule 

shall be. used in all areas not subjeot to section (2) of this rule where those prooedures 

have been the previous practiGO--Of the MPO. 

(0) At a minimum, these areas shall estimate emissions using methodologies and 

prooedures which possess the follewing atlributes: 

(A) P'. newlOrk based travel demand model wllicll desoribes the ner. ... ork in suffioient 

detail to oapture at least 85 peroent of the velliole trips; 

(B-) An ability to generate p-iausible vehicle trip tables based on ourrent and future land 

uses and travel options in tile region; 

(e) SofP.'.'are, or other appropriate prooedures, to assign the full speotrum of vehioular 

traffio inoluding, where possible, truok traffio, to the ner. ... orl<; 
Attachment 3.1 , pg. 54 

f9j Other modes of tra'~el shall be estimated in aGGordanGO-vl'ith reasonable 

pr ofussional praGlire either quantitatively or qualitative.J'f,-

. (" e speeds a"erage daily volumes, fErSuffiGient field observations oHra.ffiGe.g. a,er;g tiyiden;ifi~ble in the netwe-ri4-ID 

average peaking faGtors fur specific links thai are . lrec 

oaIierale Ihe Iraffic assignment fur base year data, 

( 

fl F) ows SOfu~ar\ an~ ·In-or spe 0::: , 

,:::C;::i:~::::~yd~:e:~f::eG:~:!~t~:::~~~n:ob~S::s~:::twe-rk , 

traffiG; 

( G) Sofu.'.'are, or other appropriate procedures, to account fur additional "off model" 

t ransportation emissions; and 

( H) estimates of future land uses suffiGient 10 allow projections of future emissions. 

f4-PM41l from GonstruGtion related fugitive dust. . 

( 

f 

. . . I r I n does not idenlify GonstruGtion relaled a) For areas In which t~e Implemen a lo~ta t problem the fugitive PM.J.l) emissions 

iti"e PM.J.l) asa contFibutor to the nona alnmen. ' . d t b 

aSSOG···-~~ big 'iale~ '''ith H" high'Hay and transit projecl Gonstwctlon • are not requlreoe 

considered in the regional emissions analYSIS . 

i (b) In PM41l nonattainmenl and f!1.alR 

enance a ~;bulor to the nonaltainment problem, 

dentify construction r.el~ted fu9It:'~e. P~~,f~o~:~:tr construction related fugitive PM.J.l) 

. t reas with imfllementation fllans whiGh 

the regional PM41l emissions ana 'ySIS s . f ~ Ih f gili"e P~4 9 Gontrol 

and shall a.CGOuRt fur.the le',:el ~f con~tr~Gtlo~a~c ~n~' thee d~st ;mdu'c1n; capacity of the measblres In the applicable Imp emen a Ion p , 

proposed activities. 

(5) RelianGe on previous regional emissions analysis . 

. f> th . ments of 0 6 R d40 252 0190 (a) The TIP may b~ dem{)flstrate~, to satls fe r~q~lr'~Emissio~ re'd';ctions in areas 

("~otor VehiGle, e:l~slon~ b~d:se~~:~:t:~ ~~~~~utOne~ .... regional emissions analysis if 

~~:h:~ti:~~o~~~s~~:se:~:~;:iS already perfermed for the plan also applies to the TIP. 

This requires a demonstration that: 

A The TIP Gontains all projeGts whiGh must be started in the TIP's tir~lOframe in order to 

~~~ieve the highway and transit system envisioned by the transportallon plan, 

(B) All .TIP projeets which ar: regiOnal~e:i~:~:~:n~~:~:i:':~::i~:!~~r:~~~i:~ot:~~:n f)laft-wlth deSign coneept an scope a rt r lafl.'s 

transportation plan's regional emissions at the time of the transpo a Ion p 

yonformity determination; and 
Attachment 3.1, pg. 55 

(C) The design sonsept and scope of eash regionally sign#i€affi.projest in the TIP is not 

significantly different from that described in the transportationillaRo 

(b) A project whish is not from a sonforming transportation plan and a sonforming TIP 

may-l:le demonstrated to satisfy the reqwremonts of OAR 340 252 019G-er 340 252 

~ditional regional emissions analysis if allosating funds to the projest will 

not delay the implementation of projests in the transportation plan or TIP whish are 

flecessary to ashieve the highway and transit system envisioned by the transportatiefl 

j:)lan, and if the project is either: 

(A) Not regionally signifisant; or 

(8) Insluded in the sonferming transportation plan (even if it is not.spesifically insluded 

if1--tlle-latest sonforming TIP) willHlesign sonsept and ssope adequate to determine its 

sontribHtion to the transportation plan's regional emissions at the time of the 

transportatiOfl-plan's conformity determination, and the design consept and ssope of the 

projest is not signifisantly different from that described in the transportation plan. 

Written Commitments 

ruin accordance with 40 CFR 93.122(a)(4)(ii), prior to making a conformity 

determination on the transportation plan or TIP, a Metropolitan Planning Organization or 

the Orogon Department of Transportation may not include emissions reduction credits 

from any control measures that are not included in the transportation plan or TIP and 

that do not require a regulatory action in the regional emissions analysis unless the 

Metropolitan Planning Organization, Oregon Department of Transportation or Federal 

Highway Administration/Federal Transit Administration obtains written commitments, as 

defined in 40 CFR 93.101, from the appropriate entities to implement those control 

measures. The written commitments to implement those control measures must be 

fulfilled by the appropriate entities. 

(2) In accordance with 40 CFR 93.125(c), prior to making a project-level conformity 

determination for a transportation project, the Federal Highway Administration/Federal 

Transit Administration must obtain from the project sponsor or operator written 

commitments, as defined in 40 CFR 93.101, to implement any project-level mitigation or 

control measures in the construction or operation of the project identified as conditions 

for NEPA process completion. The written commitments to implement those projectlevel mitigation or control measures must be fulfilled by the appropriate entities. Prior to 

making a conformity determination on the transportation plan or TIP a Metropolitan 

Planning Organization or Oregon Department of Transportation must ensure any 

project-level mitigation or control measures are included in the project design concept 

and Scope and are appropriately identified in the regional emissions analysis. Prior to 

making a project-level conformity determination, written commitments must be obtained 

before such mitigation or control measures are used in a project-level hot-spot analysis. 
Attachment 3.1, pg. 56 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Commission under OAR 340-200-0040.1 

Slat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.035 

His!.: DEQ 7-1995, f. & cert. ef. 3-29-95; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-

1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-1010 

3402520240 

-ProGedures for Determining-L-eGalized CO and PM.wCeAGentrations (Hot spot 

Analysis) 

(1) CO Hot spot analysi&-

(a) Tfle demonstrations required by OAR 340 252 0170 ("Looalized CO and PMw 

violations") must be based on quantitative analysis using tfle applioable air quality 

models, data bases, and otfler requirements speoified in 4Q CPR part 51, Appendix 'AI 

(Guideline on Air Quality Models). nese prooedures sflall be used in tfle foliewiAg 

oases, unless different procedures developed tflrougfl tfle interagency consultation 

prooess required in OAR 252 0060 and approved by tfle EPA Regional Administrator 

are used: 

(A) Por projeots in or affooting locations, areas, or oategories of sites wfliofl are 

identified in tfle applioable implementation plan as sites of violation or possible vielation; 

(8) Por projeots affooting interseetions tflat are at Level of Servioe D, E, or P, or tflose 

tflat will oflange to Level of Servioe D, E, or P beoause of inoreased tramo volumes 

related to a new PHVV/\/PT/\ funded or approved projeot in tfle vioinity; 

(C) Per any projeot affooting one or more of tfle top tflree interseotions in the 

nonattainment or maintenanoe area with flighest traffio volumes, as identified in tfle 

applioable implementation plan; and 

(D) Por any projeot affeoting one or more of the top tflree interseotions in the 

nonattainment or m.aintenanoe area witH-tIle-1Alorst level of servioe, as identified in tfle 

aw-Hoable implementation plan. 

(b) In oases otfler than those desoribed in subseotion (1)(a) of this rule, the 

demonstrations required by OAR 340 252 0170 may be based on eitfler: 

(110 Quantitative methods that represent reasonable and oommon profossional praotioe; 

or 

(8) A qualitative oonsideration of looal faotors, if this oan provide a olear demonstration 

that the requirements of OAR 340 252 0170 are met. 

• 
Attachment 3.1, pg. 57 

~.w-Hot spot analysis. 

ta~ot-GemoostFatit)fl-reEIWred by O/\R 340 252 0170 must be based on 

quantitative analysis-methods fer the fellewt~ projects: 

(Aj-Pfejects-which are located at sites at wh-ich-violations have been verified by 

monitoring; 

(B) Projects-whiGh are located at sites ....'hich have vehicle and road' .... ay emission and 

dispersioo-Ghafasteristics that are essentialjy identical to those of sites with verifies 

violations (including sites near one at '''''hich a violation has been monitored); and 

(C) ~Jew or expaooed bus and rail terminals and transfer points 'IIhicil-iffcrease-#!e 

fltlffiber of diesel vehicles congregating at a single 10catiOfh 

(b) VVhere quantitative analysis methods are not required, the demonstration required 

by OAR 340 252 0170 may be based on a qualitative consideration of local factors. 

(c) The identification of the sites described in paragraphs (2)(a)06,) and (2)(a)(B) ef this 

rule, and other cases where quantitative methods are appropriate, shall be determined 

through the interagency consultation process required in OAR 340 252 0060. DOT may 

choose to make a categorical conformity determination on bus and rail terminals or 

transfer points based on appropriate modeling of various terminal sizes, configuratioo-s, 

and activity levels. 

(d) The requirements for quantitative analysis contained in this section (2) will not take 

effect until EPA releases modeling guidance on this subject and announces in the 

Federal Register that these requirements are in effect. 

(3) General requirements. 

(a) Estimated pollutant concentrations must be based on the total emissions burden 

which may result from the im~effia.tion of the project, summed together with future 

background concentrations. The total concentration must be estimated and analyzed-at 

appropriate receptor locations in the area substantially affected by the project. 

(b) Hot spot Analyses must include the entire project, and may be performed only after 

the major design features wHicl1--v.'ili significantly impact concentrations have been 

identified. The future background concentration should be estimated by multiplying 

GU~EI-by the ratio ol'-future to current traffic and t-he-mtio of future to 

current emission factors. 

(c) Hoi spot analysis assumptions must be consistent with those in the regional 

emissions analysis for those inputs which are required for both analyses. 
") " ,,,,,,,rei,, " , . ,..,,,. "a. 

'.'/ith res~eot te its ~~et ~~(oa~le iFRfllementatien I ' additiens te the 13 4. er" ehlCle Emissiens B fI an, er Imfllementatie ,""m'"',,. ",,;::1:"') ",' am ,,' ~''',.~~':'''), ", Meo ,,' o'dr'" ',"m'."',, m,Io","., ,m',,',: Im",_,lall" "" :, '~,~'~" 'y'" 'm,',m,,'::'':.' ,o! "',, 

oemfllianoe with the 'IS oeuld l:Je higher '''hile sflt'll tll~1 quantifies the ameunt " n fllan, or ,',." " mia"'''' . .. I . , .. ,,,;, , "y ","," 

M.O ,,',',,' "aI .. m"; '"H"m,""" m,',',;;', ' "m"""",, ,f " 

Usin" th . (or ;.,e mplementation Motor Vehiole E . . Plan s:~~~~Os~:~Ud§et in the Applical:Jle Impleme . 

,,' " .. " DOT', ", ,m',,',' """ ,'''',,,' am,,,"" "",,",m,,' ,,' ",.",,,. ,m',,""'"" ", """" " ~ ':""10< ",Iooo'~." ,",,"', walla", .. ", ' 

ens, ThiS aflfllies ' ,Ig er than the im Ie ~?ses, the MPO er OD 

~WW'llh-ltiO;Rh-d"m''' .. '' "" :.::~,:::,'"'' ementatlen a,,""'~ ef oentrel ,'::::::: m a easures i'"'' len plans, In "lImale the imnl eF sul:Jmissi ,f ~i::"Y ens, 

er oenllnued maintenanoe 

(a) EmiS:': slens ::::~:=::::::~:~:t!~~Iis€;.im1-&1that-w~,..we~m,.~entatlen frem all seur ' oensistent with a re' qUlred demenstFatien oes wllIl:Je less ef than an em~ th te,tal emissiens that "'euld 13 

HneeeedEl<e91d;l-kte demenstrate attain:I::t In the attainmentde:~~i::n,t fl

rier

, te tho attainment 

(G) Em'"'' ' " ,." WI" " "~_, "" 

ens wllIl:Je lewer than needed te flrevide ~ , 

(13) Emi ' Isslens redu I' .. e sSlens trem all sew ,0 len milestene' 

deadline ' arees \/,'111 r II' , . ' er aml:Jlent cenoenlr' eou In aohleving at! ' 
Attachment 3.1, pg. 59 

~ an app-liBable-in'-lj3lementation plan submitted before ~Iovember 24, 1993, 

demonstrates that emissions-.from all sOblrces wilJ-be-iess than the total-emissions that 

would be oonsistent w#R-attainment and quantifies that "safety margin", the State may 

submit a SIP revision whioh assigns some or all of this safety margin to highway and 

transit mohlle sourcos for the Pblrposes of oonformity. Sbloh a SIP-fevision, onoe it is 

efl4or-Ge€Wly the Governor and has been sblbjeot to a pblblio hearing, may be blsed for 

the purposes of transportation oonformity before it is approvBG-by EPA. 

(3) /\ oonformity demonstration shall not trade emissions among budgets-·whioh the 

applioable implemOHtation plan, or implementation plan submission, allooates for 

different pollbltants Of-i*eOllFsors, or among 9b1dgots allooated to motor vehides and 

other SOblroes, unless the implementation plan establishes mechanisms for sblch trades. 

(4) If the applioable implementation plan, or imftlementation plan sblbmission, estimates 

Mblre emissions by geographic sblbarea of the nonatlainmeAt area, the MPO and DOT 

are not reqblired to consider this to establish sblbarea bUGgets, unless the applioable 

implementation plan, or implementation plan sblbmission, explioit-ly-indioates an int6ff!..ID 

oreate sbloh sblbarea bbldgets for pblrposes of conformity. 

(5) If a nonatlainment area inolbldes more than one MPO, the-SW may establish motor 

vehicle emissions bbldgets for eaoh MPO, or else the MPOs must colleotively make a 

conformity determination for the entire nonatlainment area. 

[NOTE: This rblle is inolblded in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Commission blnder O/\R 340 200 0040.] 

Stat. /\blth.: ORS 468.020 

Stats. Implemented: ORS 468l\.035 

His!.: OEQ 71995, f. 8, cer!. ef. 3 29 95; OEQ 171998, f. 8, cer!. ef. 9 23 98; OEQ 14 

1999, f. 8, cer!. ef. 10 14 99, Renblmbered from 340 020 1030 

34Q 252 Q26Q 

Enforceability of Design Concept and Scope and Project bevel Mitigation and 

Control Measures 

(1) Prior to determining that a transportation projeot is in oonformity, the MPO, OOOT, 

other reoipient offbinds designated blnder title 23 U.S.C. or the Federal Transit Laws, 

~A, or FTA mblst obtain from the projeot sponsor and/or operator wrillen 

oommitments 10 implement in the oonstruotion of the pr-Bjeot and operation of the 

~ faoility or servioe any-projeot level mitigation of-G9ntrol meaSblres whioh are 

identified as oonditions for NEP/\ prooess oompletion 'Nith respeot to looal P-Mw or CO 

impacts. Before-a-BOnformity determination is made, WfilleA-oOfFlfflitments mblst alse-/:}e 

obtained for project level mitigation or oontrol meaSllres whlch are oonditions for making 

oonformity determinations for a transpe-rt-ation plan or TIP and inolH€led-iA-tlte projeot 

design oOllGOflt and soope whioh is blsed in the regional emissions analysis required by 
Attachment 3.1, pg. 60 

.. Gl et") anGl 340 252 020? 

sectioAs O/>.R 34Q 2. 52 Q190 "'ithout motor vehlole emlssl ("motor vehicle emlSSIOAS ~u .~nSBUGlgets") or used IA the 

{"emission reGuotioAS In areas.. . rl B" 340 252 0170. 

"\ E I nalysls requlFe" J • 

projeot level hot spo a to faoilitate positive 

O t ·tigation measures I jeot sponsors voluntarilY ~ Pr . f mus~oo~ t cO:;I~t:~'~h~h~'obligations h of suoh oommitmen s. 

oonformity Gleiermlna Ions n h /I provide that 

. . . d· 4Q CFR 51.39" s a "1"" . I nlation plan revIsIon reqUire Int Be oBtaineGl prior to a posII,e (3) The Imp eme t t mitigation measures mus t comply with SUCR 'Nri!ten oommllme~ s .0 d thai projeot sponsors mus oonformity Gletermlnatlon, an 

commitments. "I" tion or oontrol measure is 

·eot sponsor Believes the ml Iga rator may Be relieved of (4) If the MPO, ODOT or pr%rmity the project sponsor OF-fJP;it oan demonstrate that f\B-loflger 

its OBligation 

neoessarj 

10 implement 

for oon 

them m~;ts f 'ation of 01> 

or 

R 

control 

340 252 

measure 

0170, .emIS~ts 

I . ~ 

of 340 252 0200 . BI h t spot reqUire '.' Gluo!ion requlreme . the applioa eo 52 0190 anGl emiSSion re Gl notifies the agencies 

requirements of 3402 "I" alion or conlrol measure, an s; OAR 340 252 OOaO. ·the t the ml Ig·-- .reGl un _ er n 

are satisfieGl WI.U 'oonsultation prooess reqUi Gl TIP still satisfy the. 

involveGl in the Interagen:r.nGl that the transportation plan :~ 0200 and that Ihe prOJe?!, 

The MPO and DOT mus I A R 340 252 0190 anGl 340 2 fore that the oonforml.1} 

applicaBle requireme~ts of n~;'of OAR 340 252 0170, and

t 

ther~till valid. This finGling IS 

still satisfies the reqUl~e portation plan, TIP a~Gl prOJ~c .ar~AR 340252 00aO(4) for 

Gleterminations for .theBlra;=bliC consultation requlreFROfl' Sin, , 

subject to the applioa . e for rejects. 

conformity Gletermlnatlons p A. A ct Implementation Plan 

. he State of Oregon Clean "Ir "A . 340 200 QQ4Q.j [NOTE: This rule is ino.'UGleGllntti Quality Commission unGler OnR 

as adopteGl By the [:,;nvlronmen a . 

t A th· ORS 4a8.Q20 23 98. D[:';Q 14 Sta . "U ·1~menteGl: ORS 4a8/\.0.35 . [:,;Q 17 1998, f. & oert. ef. 9, 

~i::~·6~~ 71995, f. ~4o~~. ~~=u~B~~~~frem 340 0201040 1999, f. & oert. ef. 10 , 

340 252 0270 

Exempt Projects . . '" 'anGl transit projeots of the 

e uirements of this rule, hlgh .. ay ermine oonformity. Such .Notwithstan~ing :I

e 

~t:~; ~x~mpt from the reqUire~e:~~oa::!noe of a oonformi.ng 

types listeGlIA Ta e o'''am implementation even In 'e listed in TaBle 2 of thiS 

projects may prooeeddt T"IP A partiolollar aotion of thle

t 

tt~P "'.,th other agenoies Iolnder 

rt f n plan an~ . > , T . onsuna Ion.. f h. h'''ay tran'spo a 10 t·f the MPO or ODO IR c FHlMA (in the ease 0 alg .. 

seetien is not exemp I ) anGl the [:';PA, anGl the nn. has potentially adverse 

OAR 340 252 00a0(.3)(B) & (Gl , of a transit project) oonololr that It that exempt projeots p:oJeot) or the FT/\ (IA the oas:

on 

States anGl MPOs must enslolre emissions impaots for any rea . 
Attachment 3.1, pg. 61 

do not interfere 'Nith TCM-iffIi31ementation. Table 2 follo'Ns: [Table not inGluded. See ED. 

NG-Teot 

Table 2 Exempt projects 

SAFeTY 

Railroad/highway Grossing. 

Hazard eliminatie-n-program. 

Safer non Federal aid system roads. 

TraffiG control devices and operating assistance other than signalization projects. 

Shoulder improvements .. 

Increasing sight distance. 

Safe.ly-improvement prograFlh 

Railroad/highway crossing ' .... aming devices. 

Guardrails, median barriers, Grash cushions. 

Pavement resuFfaGing and/or rehabilitation. 

Pavement marking demonstration. 

Emergency relief (23 U.S.C. 125). 

Fencin!},- . 

Skid treatments. 

Safety roadside rest areas. 

Adding medians. 

Truck climbing lanes outside the urbanized area. 

Lighting improvements. 

VVidening narrow pavements or reconstructing bridges (no additional travel lanes). 

Emergency truck pullovers. 
MASS TRANSlr 

Gj:lerating assistance to transit ageRBie&.-

PH-rchase of support vehieles. 

Rehabilitation of transit vehicles/IAttachment 3.1, pg. 62 

Purchase of office, shop, and operating equipment for 8Jdsling faeiJitie&.. 

Purehase of operating equipment for vehiBles-(e.g., radios, fareboxes, lifts, ete.). 

Construction or renovation of POWef, signal, and communieations systems. 

Construetion of small passenger shelters and informatiofl-kiGSk&.-

Reconstruelion of renovation of transit billidings and structures (e.g., rail or bus 

buildings, storage and maintenanee faeilities, stations, terminals, and ancillary 

struetures). 

ReHabilitation or recof\Struetion of traek struetures, track, and traekbed in existing right&-

of \'vay. 

Purchase of-Rew buses and rail ears to replace existing vehieles or for minor 

expansions of the fleet.1-

Construction of new bus or rail storageimaintenanee faeilities categorically exeluded in 

23 CFR 771. 

AIR QUAblW 

Continuation of ride sharing and van pooling promotion aetivities at current levels. 

Bicycle and pedestrian faeiJitie&.. 

OHlER 

Sfleeific aetivities which do not involve or lead directly to construction sueh as: 

Planning and teehnieal stuffie&.. 

Grants for training and researeh programs. 

Planning activities conducted pursuant to titles 23 an~' 

Federal aid systems revisions. 
Attachment 3.1, pg. 63 

Engineering to assess social, economic, and environmental effects of the proposed 

a~natives to that action. 

NBise altenuatioFh 

Emergency or hardship advance land acquisitions (23 CPR 712 or 23 CPR 771 ). 

Acquisioon of scenic easement&, 

Sign removal. 

Directional and informational ~igns. 

Transportation enhancement activities (except rehabilitation and operation of historic 

transportation buildings, structures, or facilities}.-

Repair of damage caused by natural disasters, civil unrest, or terrorist acts, excopt 

projects involving substantial functional, locational or capacity changes. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Commission under OAR 340 200 0040.] 

{Tables: The table(s) referred to or incorporated by reference in this rule are available 

from the agency.] 

Sta!. Auth.: ORS 468.020 

Slats. Implemented: ORS 468A.035 

His!.: DEQ 71995, f. 8. cert. ef. 3 29 95; DEQ 17 1998, f. 8. cer!. ef. 9 23 98; DEQ 14 

1999, f. 8. cert. ef. 10 14 99, Renumbered from 340 020 1050 

3402520280 

Projects Exempt from Regional Emissions Analyses 

Notwithstanding the other requirements of this rule, hig-llway and transit projects of the 

types listed in Tabla 3 of this section are exempt from regional emissions analysis 

requirements. The local effects of these projects with respeet to CO or PMw 

concentrations must be considered to determine if a hot spot analysis is required prior 

to making a project level conformity determination. These projects may then proceed 10 

the project de\'elopment process even in the absence of a conforming transportation 

plan and TIP. A particular action of the type lisled in Table 3 is not exempt from regional 

emissions analysis if the MPO or ODOT in consultation with other agencies (see O,lI,R 

340 252 0060), the EPA, and the PHW/\ (in the case of a highway project) or the FT/\ 
Attachment 3.1, pg. 64 

(in the ease of a transit fOlrojeet) eoneur that it has fOlotential regional imfOlaeis fer any 

reason. Table 3 fellows: [Table not incluEleEl. See ED. NOTE.] 

Table 3 Projeets Exempt From Regional Emissions Analyses 

Interseetion ehannelizalion projects. 

Interseelien signalization fOlrojeets at individual interseetions. 

lnterchange reeonfiguration projeGt&.-

Changes in vertieal anEl horizontal alignment. 

Truck size anEl weight inspection slations. 

Bus terminals anEl transfer points. 

[NOTE: This rule is ineluEleEl in the State of Oregon Clean Air Act Implementation Plan 

as-aElopteEl by the Environmental Quality Commission unEler OAR 340 200 0040.] 

[ED. NOTE: The tableCs) referreEl to or--iflcorporateEl by referenee in thi&-rWe-are 

available from the a@eney.] 

Sta!. Auth.: ORS 46~.020· 

Stats. ImfOllementeEl: ORS 468A.035 

His!.: DEQ 71995, f. & eert. ef. 3 29 95; DEQ 17 199~, f. & eert. ef. 9 23 98; DEQ 14 

1999, f. & eert. ef. 10 14 99, RenumbereEl from 340 020-WW 

3402520290 

Traffie Signal Synehronization Projeets 

Traffie signal synehronizalion projeets may be approveEl, funEleEl, anEl implemenleEl 

without satisfying the requirements of this Eli'lision. However, all subsequent re@ional 

emissions analyses requireEl by OAR 340 2f:i2 0190 anEl340 252 0200 fer 

transportation plans, TIPs, or projeets not from a eonferming fOllan anEl TIP must ineluEle 

sueh re@ionally significant traffie si@nal synel1ronizalion projeets. 

£NOTE: This rule is ineluEleEl in Ihe State of Oregon Clean Air Act Implementation Plan 

as aElofOlteEl by the Environmental Quality Commission unEler OAR 340 200 0040.] 

Sta!. Auth.: ORS 46~.020 

Siais. ImplemenleEl: ORS 4681\.035 

His!.: DEQ 7 1995, f. & cert. ef. 3 29 95; DEQ 17 1998, f. & eert. ef. 9 23 98; DEQ 14 

1999, f. & cer!. ef. 10 14 99, RenumbereEl from 340 020 1070 

340-200-0040 

DIVISION 200 

GENERAL AIR POLLUTION 

PROCEDURES AND DEFINITIONS 

State of Oregon Clean Air Act Implementation Plan 

Attachment 3.2., pg. 1 

(1) This implementation plan, consisting of Volumes 2 and 3 ofthe State of Oregon Air Quality 

Control Program, contains control strategies, rules and standards prepared by the Department of 

Environmental Quality and is adopted as the state implementation plan (SIP) of the State of 

Oregon pursuant to the federal Clean Air Act, 42 U.S.C.A 7401 to 7671q. 

(2) Except as provided in section (3), revisions to the SIP will be made pursuant to the 

Commission's rulemaking procedures in division 11 of this chapter and any other requirements 

contained in the SIP and will be submitted to the United States Environmental Protection Agency 

for approval. The State Implementation Plan was last modified by the Commission on June 19, 

~ February 18 & 19,2010. 

(3) Notwithstanding any other requirement contained in the SIP, the Department may: 

(a) Submit to the Environmental Protection Agency any permit condition implementing a rule 

that is part of the federally-approved SIP as a source-specific SIP revision after the Department 

has complied with the public hearings provisions of 40 CFR 51.102 (July 1,2002); and 

(b) Approve the standards submitted by a regional authority if the regional authority adopts 

verbatim any standard that the Commission has adopted, and submit the standards to EPA for 

approval as a SIP revision. 

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally 

enforceable upon approval by the United States Environmental Protection Agency. If any 

provision of the federally approved Implementation Plan conflicts with any provisionadopted by 

the Commission, the Department shall enforce the more stringent provision. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.035 

Hist.: DEQ 35, f. 2-3-72, ef. 2-15-72; DEQ 54, f. 6-21-73, ef. 7-1-73; DEQ 19-1979, f. & ef. 6-

25-79; DEQ 21-1979, f. & ef. 7-2-79; DEQ 22-1980, f. & ef. 9-26-80; DEQ 11-1981, f. & ef. 3-

26-81; DEQ 14-1982, f. & ef. 7-21-82; DEQ 21-1982, f. & ef. 10-27-82; DEQ 1-1983, f. & ef. 1-

21-83; DEQ 6-1983, f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84; DEQ 25-1984, f. & ef. 

11-27-84; DEQ 3-1985, f. & ef. 2-1-85; DEQ 12-1985, f. & ef. 9-30-85; DEQ 5-1986, f. & ef. 2-

21-86; DEQ 10-1986, f. & ef. 5-9-86; DEQ 20-1986, f. & ef. 11-7-86; DEQ 21-1986, f. & ef. 11-

7-86; DEQ 4-1987, f. & ef. 3-2-87; DEQ 5-1987, f. & ef. 3-2-87; DEQ 8-1987, f. & ef. 4-23-87; 
Attachment 3.2., pg. 2 

DEQ 21-1987, f. & ef. 12-16-87; DEQ 31-1988, f. 12-20-88, cert. ef. 12-23-88; DEQ 2-1991, f. 

& cert. ef. 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-91; DEQ 20-1991, f. & celi. ef. 11-13-91; 

DEQ 21-1991, f. & cert. ef. 11-13-91; DEQ 22-1991, f. & celi. ef. 11-13-91; DEQ 23-1991, f. & 

celi. ef. 11-13-91; DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ 25-1991, f. & celi. ef. 11-13-91; 

DEQ 1-1992, f. & cert. ef. 2-4-92; DEQ 3-[992, f. & cert. ef. 2-4-92; DEQ 7-1992, f. & cert. ef. 

3-30-92; DEQ 19-1992, f. & celi. ef. 8-11-92; DEQ 20-1992, f. & cer!. ef. 8-11-92; DEQ 25-

1992, f. 10-30-92, cert. ef. 11-[-92; DEQ 26-1992, f. & cert. ef. 11-2-92; DEQ 27-1992, f. & 

cer!. ef. 11-12-92; DEQ 4-1993, f. & celi. ef. 3-10-93; DEQ 8-1993,f. & cert. ef. 5-11-93; DEQ 

12-1993, f. & cert. ef. 9-24-93; DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 16-1993, f. & cert. ef. 

11-4-93; DEQ 17-1993, f. & cert. ef. 11-4-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 1-

1994, f. & celi. ef. 1-3-94; DEQ 5-1994, f. & cert. ef. 3-21-94; DEQ 14-1994, f. & cert. ef. 5-31-

94; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1994, f. & cert. ef. 11-2-94; DEQ 9-1995, 

f. & celi. ef, 5-1-95; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 14-1995, f. & cert. ef. 5-25-95; 

DEQ 17-[995, f. & celi. ef. 7-12-95; DEQ 19-1995, f. & cert. ef. 9-1-95; DEQ 20-1995 (Temp), 

f. & celi. ef. 9-14-95; DEQ 8-1996(Temp), f .. & celi. ef. 6;3-96; DEQ 15-1996, f. & cert. ef. 8-

14-96; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cer!. ef. 10-22-96; DEQ 23-

1996, f. & celi. ef. 11-4-96; DEQ 24-1996, f. & cert. ef. 11-26-96; DEQ 10-1998, f. & cert. ef. 6-

22-98; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 16-1998, f. & celi. ef. 9-23-98; DEQ 17-1998, 

f. & cert. ef. 9-23-98; DEQ 20-1998, f. & cer!. ef. 10-12-98; DEQ 21-1998, f. & cert. ef. 10-12-

98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 5-1999, f. & celio ef. 3-25-99; DEQ 6-1999, f. & 

cert. ef. 5-21-99; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & celt. ef. 10-14-99, 

Renumbered from 340-020-0047; DEQ 15-1999, f. & celi. ef. 10-22-99; DEQ 2-2000, f. 2-17-

00, cert. ef. 6-1-01; DEQ 6-2000, f. & celi. ef. 5-22-00; DEQ 8-2000, f. & celi. ef. 6-6-00; DEQ 

13-2000, f. & celi. ef. 7-28-00; DEQ 16-2000, f. & cert. ef. 10-25-00; DEQ 17-2000, f. & cert. 

ef. 10-25-00; DEQ 20-2000 f. & cert. ef. 12-15-00; DEQ 21-2000, f. & celi. ef. 12-15-00; DEQ 

2-2001, f. & cert. ef. 2-5-01; DEQ 4-2001, f. & cert. ef. 3-27-01; DEQ 6-2001, f. 6-18-01, celt. 

ef. 7-1-01; DEQ 15-2001, f. & cert. ef. 12-26-01; DEQ 16-2001, f. & celi. ef. 12-26-01; DEQ 

17-2001, f. & celt. ef. 12-28-01; DEQ 4-2002, f. & celi. ef. 3-14-02; DEQ 5-2002, f. & cert. ef. 

5-3-02; DEQ 11-2002, f. & cer!. ef. 10-8-02; DEQ 5-2003, f. & celi. ef. 2-6-03; DEQ 14-2003, f. 

& cert. ef. 10-24-03; DEQ 19-2003, f. & celi. ef. 12-12-03; DEQ 1-2004, f. & cer!. ef. 4-14-04; 

DEQ 10-2004, f. & celi. ef. 12-15-04; DEQ 1-2005, f. & celi. ef. 1-4-05; DEQ 2-2005, f. & celi. 

ef. 2-10-05; DEQ 4-2005, f. 5-13-05, celi. ef. 6-1-05; DEQ 7-2005, f. & cert. ef. 7-12-05; DEQ 

9-2005, f.& cert. ef. 9-9-05; DEQ 2-2006, f. & celi. ef. 3-14-06; DEQ 4-2006, f. 3-29"06, ccrt. 

ef. 3-31-06; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ 4-2007, f. & cer!. ef. 6-28-07; DEQ 8-

2007, f. & cert. ef. 11-8-07; DEQ 5-2008, f. & celi. ef. 3-20-08; DEQ 11-2008, f. & celi. ef. 8-

29-08; DEQ 12-2008, f. & cer!. ef. 9-17-08; DEQ 14-2008, f. & cert. ef. 11-10-08; DEQ 15-

2008, f. & cert. ef 12-31-08; DEQ 3-2009, f. & celt. ef. 6-30-09 
Attachment 3.3., pg. 1 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DIVISION 252 

TRANSPORTATION CONFORMITY 

340-252-0030 

Definitions 

The definitions in OAR 340-200-0020,340-204-0010 and this rule apply to this division. If the 

same term is defined in this rule and 340-200-0020 or 340-204-0010, the definition in this rule 

applies to this division. 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 regulations, 

or other DOT regulations, in that order of priority. 

(1) "Air pollution control agency" has the meaning given that term in section 176( c )(7)(E) of the 

FCAA. 

(2) "Consult" or "consultation" means that the party or parties responsible for 

consultation as established in OAR 340-252-0060 shall provide all appropriate 

information necessary to making a conformity determination and, prior to making a 

conformity determination, except with respect to a transportation plan or TIP revision 

which merely adds or deletes exempt projects, consider the views of such parties and 

provide a timely, written response to those views. Such views and written responses 

shall be included in the record of decision or action. 

(3) "DEQ" means the Department of Environmental Quality. 

(4) "ODOT" means the Oregon Department of Transportation. 

(5) "Policy level official" means elected officials, and management and senior staff level 

employees. 

(6) "Regional air authority" means a regional air authority established pursuant to ORS 

468A.105. 

(7) "Scope" means "design scope" as defined in 40 CFR 93.101 when the term follows 

"design concept and .... " 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as Adopted by the Environmental Quality Commission under OAR 340-200-0040.] 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.035 

Hist.: DEQ 7-1995, f. & cert. ef. 3-29-95; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-

1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0720 

340-252-0060 

Consultation 

(1) General: 

(a) This section provides procedures for interagency consultation (Federal, State, and 

local) and resolution of conflicts. Consultation shall be undertaken by MPOs, the 

Oregon Department of Transportation, affected local jurisdictions, and United States 

Department of Transportation before making conformity determinations and in 

developing regional transportation plans and transportation improvement programs. 

Consultation shall be undertaken by a lead planning agency, the Department of 

Environmental Quality, the Lane Regional Air Protection Agency (for actions in Lane 
Attachment 3.3., pg. 2 

County which are subject to this division), or any other regional air authority, and United 

States Environmental Protection Agency in developing applicable implementation 

plans. 

(b) The lead planning agency, the Department of Environmental Quality, the Lane 

Regional Air Protection Agency for Lane County, or any other regional air authority, 

shall be the lead agency responsible for preparing the final document or decision and 

for assuring the adequacy of the interagency consultation process with respect to the 

developmen1. amendment or revision (except administrative amendments or revisions) 

of an applicable implementation plan including, the motor vehicle emissions budget. The 

MPO, Oregon Department of Transportation, or any other party responsible for making 

conformity determinations pursuant to this rule, shall be the lead agency 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 transportation 

plan, the TIP, and any determinations of conformity under this rule. The project sponsor 

shall be responsible for assuring the conformity of FHVVNFTA projects and regionally 

significant projects approved or adopted by a recipient of funds under title 23. 

(c) In addition to the lead agencies identified in subsection (b), other agencies entitled to 

participate in any interagency conSUltation process under OAR 340-252-0060 include 

the Oregon Department of Transportation, both headquarters and each affected 

regional or district office, each affected MPO, the Federal Highway Administration 

regional office in Portland and State division office in Salem, the Federal Transit 

Administration regional office, the Department of Environmental Quality, both 

headquarters and each affected regional office, any affected regional air authority, the 

United States Environmental Protection Agency, both headquarters and each affected 

regional or district office, and any other organization within the State responsible under 

State law for developing, submitting or implementing transportation-related provisions of 

an implementation plan, any local transit agency, and any city or county transportation 

or air quality agency. 

(d) Specific roles and responsibilities of various participants in the interagency 

conSUltation process shall be as follows: 

(A) The lead planning agency, the Department of Environmental Quality, the Lane 

Regional Air Protection Agency, or any other regional air authority, shall be responsible 

for developing: 

(i) Emissions inventories; 

(ii) Emissions budgets; 

(iii) Attainment and maintenance demonstrations; 

(iv) Control strategy implementation plan revisions; and 

(v) Updated motor vehicle emissions factors. 

(8) Unless otherwise agreed to in a Memorandum of Understanding between the 

affected jurisdictions and the Department of Environmental Quality, the Department of 

Environmental Quality shall be responsible for developing the transportation control 

measures to be included in SIPs in nonattainment or maintenance areas, except Lane 

County. 

(C) The Lane Regional Air Protection Agency shall be responsible for developing 

transportation control measures for PM10 in Lane County. 

(D) The MPO shall be responsible for: 
Altachment 3.3., pg. 3 

(i) Developing transportation plans and TIPs, and making corresponding conformity 

determinations; 

(ii) Making conformity determinations for the entire nonaltainment or maintenance area 

including areas beyond the boundaries of the MPO where no agreement is in effect as 

required by 23 CFR § 450.310(f); . 

(iii) Monitoring regionally significant projects; 

(iv) Developing and evaluating TCMs in nonatlainment and/or maintenance areas; 

(v) Providing technical and policy input on emissions budgets; 

(vi) Performing transportation modeling, regional emissions analyses and documenting 

timely implementation of TCMs as required for determining conformity; 

(vii) Distributing draft and final project environmental documents which have been 

prepared by the MPO to other agencies. 

(E) The Oregon Department of Transportation shall be responsible for: 

(i) Providing technical input on proposed revisions to motor vehicle emissions factors; 

(ii) Distributing draft and final project environmental documents prepared by ODOT to 

other agencies; 

(iii) Convening air quality technical review meetings on specific projects when requested 

by other agencies or, as needed; 

(iv) Convening interagency consultation meetings required for purposes of making 

conformity determinations in non-metropolitan nonattainment or maintenance areas; 

(v) Making conformity determinations in non-metropolitan nonaltainment or 

maintenance area. 

(F) The project sponsor shall be responsible for; 

(i) Assuring project level conformity including, where required by this rule, localized air 

quality analysis; 

(ii) Distributing draft and final project environmental documents prepared by the project 

sponsor to other agencies. 

(G) The Federal Highway Administration and Federal Transit Administration shall be 

responsible for assuring timely action on final findings of conformity, after consultation 

with other agencies as provided in this section and 40 CFR § 93.105. 

(H) United State Environmental Protection Agency shall be responsible for: 

(i) Reviewing and approving updated motor vehicle emissions factors; arid 

(ii) Providing guidance on conformity criteria and procedures to agencies in interagency 

consultation. 

(I) Any agency, by mutual agreement with another agency, may take on a role or 

responsibility assigned to that other agency under this rule. 

(J) In metropolitan areas, any state or local transportation agency, or transit agency 

shall disclose regionally significant projects to the MPO standing committee established 

under OAR 340-252-0060(2)(b) in a timely manner. 

(i) Such disclosure shall be made not later than the first occasion on which any of the 

following actions is sought: adoption or amendment of a local jurisdiction's 

transportation system plan to include a proposed project, the issuance of administrative 

permits for the facility or for construction of the facility, the execution of a contract for 

final design or construction of the facility, the execution of any indebtedness for the 

facility, any final action of aboard, commission or administrator authorizing or directing 

employees to proceed with final design, permitting or construction of the project, or any 
Attachment 3.3., pg. 4 

approval needed for any facility that is dependent on the completion of the regionally 

significant project. 

(ii) To help assure timely disclosure, the sponsor of any potentially regionally significant 

project shall disclose to the MPO annually on or before July 1. 

(iii) In the case of any regionally significant project that 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 be deemed not to be included in the 

regional emissions analysis supporting the currently conforming TIP's conformity 

determination and not to be consistent with the motor vehicle emissions budget in the 

applicable implementation plan, for the purposes of 40 CFR §93.121. 

(K) In non-metropolitan areas, any state or local transportation agency, or transit agency 

shall disclose regionally significant projects to Oregon Department of Transportation in a 

timely manner. 

(i) Such disclosure shall be made no later than the first occasion on which any of the 

following actions is sought: adoption or amendment of a local jurisdiction's 

transportation system plan to include a proposed project, the issuance of administrative 

permits for the facility or for construction of the facility, the execution of a contract for 

final design or construction of 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 final design, permitting or construction of the project, or any 

approval needed for any facility that is dependent on the completion of the regionally 

significant project. 

(ii) To help assure timely disclosure, the sponsor of any potentially regionally significant 

project shall disclose to Oregon Department of Transportation as requested. Requests 

for disclosure shall be made in writing to any affected state or local transportation or 

transit agency. 

(2) Interagency consultation: specific processes. 

(a) State Implementation Plan development. 

(A) It shall be the affirmative responsibility of the Department of Environmental Quality, 

the Lane Regional Air Protection Agency, or any other regional air authority with the 

responsibility for preparing or revising a State Implementation Plan, except for 

administrative amendments or revisions, to initiate the consultation process by notifying 

other participants and convening a working group made up of representatives of each 

affected agency in the consultation process including representatives of the public, as 

appropriate. Such working group shall be chaired by a representative of the convening 

agency, unless the group by consensus selects another chair. The working group shall 

make decisions by majority vote. Such working group shall begin consultation meetings 

early in the process of decision on the final SIP, and shall review drafts of the final SIP, 

the emissions budget, and major supporting documents, or appoint the representatives 

or agencies that will review such drafts. Such working group shall be made up of policy 

level officials, and shall be assisted by such technical committees or technical 

engineering, planning, public works, air quality, and administrative staff from the 

member agencies as the working group deems appropriate. The chair, or his/her 

designee, shall set the agenda for meetings and assure that all relevant documents and 

information are supplied to all participants in the consultation process in a timely 

manner. 
Attachment 3.3., pg. 5 

(B) Regular consultation on development or amendment of an implementation plan shall 

include meetings of the working group at regularly scheduled intervals, no less 

frequently than quarterly. In addition, technical meetings shall be convened as 

necessary. 

(C) Each lead agency with the responsibility for preparing the SIP subject to the 

interagency consultation process, shall confer through the working group process with 

all other agencies identified under subsection (1 )(c) of this rule with an interest in the 

document to be developed, provide all appropriate information to those agencies 

needed for meaningful input, and, consider the views of each such agency and respond 

to substantive comments in a timely, substantive written manner prior to making a 

recommendation to the Environmental Quality Commission for a final decision on such 

document. Such views and written response shall be made part of the record of any 

decision or action. 

(D) The working group may appoint subcommittees to address specific issues 

pertaining to SIP development. Any recommendations of a subcommittee shall be 

considered by the working group. 

(E) Meetings of the working group shall be open to the public. The agency with the 

responsibility of preparing the SIP shall provide timely written notification of working 

group meetings to those members of the public who have requested such notification. In 

addition, reasonable efforts shall be made to identify and provide timely written 

notification to interested parties. 

(b) Metropolitan Areas. There shall be a standing committee for purposes of 

consultation required under this rule by an MPO. The standing committee shall advise 

the MPO. The committee shall include representatives from state and regional air 

quality planning agencies and State and local transportation and transit agencies. The 

standing committee shall consult with the United States Environmental Protection 

Agency and the United States Department of Transportation. ·If not designated by 

committee bylaws, the standing committee shall select its chair by majority vote. 

(A) For MPOs designated prior to the effective date of this rule, the following standing 

committees are designated for purposes of interagency conSUltation required by this 

rule: 

(i) Lane Council of Governments: Transportation Planning Committee; 

(ii) Salem-Keizer Area Transportation Study: Technical Advisory Committee; 

(iii) Metro: Transportation Policy Alternatives Committee; 

(iv) Rogue Valley Council of Governments: Technical Advisory Committee. 

(B) Any MPO designated an air quality nonatlainment or maintenance area subsequent 

to the effective date of this rule shall establish a standing committee to meet the 

requirements of this rule. 

(C) The standing committee shall hold meetings at least quarterly. The standing 

committee shall make decisions by majority vote. 

(D) The standing committee shall be responsible for conSUltation on: 

(i) Determining which minor arterials and other transportation projects should be 

considered "regionally significant" for the purposes of regional emissions analysis, 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; 
Attachment 3.3., pg. 6 

(ii) Determining whether a project's design concept and scope have changed 

significantly since the plan and TIP conformity determination; 

(iii) Evaluating whether projects otherwise exempted from meeting the requirements of 

this rule should be treated as non-exempt in cases where potential adverse emissions 

impacts may exist for any reason; 

(iv) Making a determination, as required by 40 CFR § 93.113whether past obstacles to 

implementation of TCMs which are behind the schedule established in the applicable 

implementation plan have been identified and are being overcome, and whether State 

and local agencies with influence over approvals or funding for TCMs are giving 

maximum priority to approval or funding for TCMs; this consultation process shall also 

consider whether delays in TCM implementation necessitate revisions to the applicable 

implementation plan to remove TCMs or substitute TCMs or other emission reduction 

measures; 

(v) Identifying, as required by 40 CFR § 93.123, projects located at sites in PM10 or 

PM2,5 nonattainment or maintenance areas which have vehicle and roadway emission 

and dispersion characteristics which are essentially identical to those at sites which 

have violations verified by monitoring, and therefore require quantitative PM10 or PM2,5 

hot-spot analysis; 

(vi) Forecasting vehicle miles traveled, and any amendments thereto; 

(vii) Making a determination, as required by 40 CFR § 93.121, whether the project is 

included in the regional emissions analysis supporting the currently conforming TIP's 

conformity determination, even if the project is not strictly "included" in the TIP for the 

purposes of MPO project selection or endorsement, and whether the project's design 

concept and scope have not changed significantly from those which were included in 

the regional emissions analysis, or in a manner which would significantly impact use of 

the facility; 

(viii) Determining whether the project sponsor or MPO has demonstrated that the 

requirements of 40 CFR § 93.116, 40 CFR § 93.118, and 40 CFR § 93.119 are satisfied 

without a particular mitigation or control measure, as provided in 40 CFR § 93.125; 

(ix) Evaluating events which will trigger new conformity determinations in addition to 

those triggering events established in 40 CFR § 93.104; 

(x) Consulting on emissions analysis for transportation activities which cross the borders 

of MPOs or nonattainment or maintenance areas or air basins; , 

(xi) Assuring that plans for construction of regionally significant projects which are not 

FHWAIFTA projects, including projects for which alternative locations, design concept 

and scope, or the no-build option are still being considered, are disclosed to the, MPO 

on a regular basis, and assuring that any changes to those plans are immediately 

disclosed; 

(xii) The design, schedule, and funding of research and data collection efforts and 

regional transportation model development by the MPO (e,g., household/travel 

transportation surveys); 

(xiii) Development of transportation improvement programs; 

(xiv) Development of regional transportation plans; 

(xv) Establishing appropriate public participation opportunities for project-level 

conformity determinations required by this division, in the manner specified by 23 CFR 

Part 450; and 
Attachment 3.3., pg. 7 

(xvi) Notification of transportation plan or TIP revisions or amendments which merely 

add or delete exempt projects listed in 40 CFR § 93.126 and 40 CFR § 93.127. 

(E) The chair of each standing committee, or his/her designee, shall set the agenda for 

all meetings. The chair of each standing committee shall assure that all agendas, and 

relevant documents and information are supplied to all participants in the consultation 

process in a timely manner prior to standing committee meetings which address any 

issues described in paragraph (2)(b)(O) of this rule. 

(F) Such standing committees shall begin consultation meetings early in the process of 

decision on the final document, and shall review all drafts of tlie final document and 

major supporting documents. The standing committee shall consult with EPA and 

US DOT. 

(G) The MPO shall confer with the standing committee and shall consult with all other 

agencies identified under subsection (1)(c) of this rule with an interest in the document 

to be developed, shall provide all appropriate information to those agencies needed for 

meaningful input, and consider the views of each such agency. The MPO shall provide 

draft conformity determinations to standing committee members and shall allow a 

minimum of 30 days for standing committee members to comment. The 30 day 

comment period for standing committee members may occur concurrently with the 

public comment period. The MPO shall respond to substantive comments raised by a 

standing committee member in a timely, substantive written manner at least 7 days prior 

to any final decision by the MPO on such document. Such views and written response 

shall be made part of the record of any decision or action. 

(H) The standing committee may, where appropriate, appoint a subcommittee to 

develop recommendations for consideration by the full committee. 

(I) Meetings of the standing committee shall be open to the public. The MPO shall 

provide timely written notification of standing committee meetings to those members of 

the public who have requested such notification. In addition, reasonable efforts shall be 

made to identify and provide timely written notification to interested parties. 

(c) An MPO, or any other party responsible for developing Transportation Control 

Measures, shall consult with affected parties listed in subsection (1 )(c) in developing 

TCMs for inclusion in an applicable implementation plan. 

(d) Non-metropolitan areas. 

(A) In non-metropolitan areas the following interagency consultation procedures shall 

apply, unless otherwise agreed to by the affected parties in a Memorandum of 

Understanding, or specified in an applicable implementation' plan: 

(8) In each non-metropolitan nonattainment or maintenance area the Oregon 

Department of Transportation shall facilitate a meeting of the affected agencies listed in 

SUbsection (1 )(c) of this rule prior to making conformity determinations to: 

(i) Determine which minor arterials or other transportation projects shall be considered 

"regionally significant"; 

(ii) Determine which projects have undergone significant changes in design concept and 

scope since the regional emissions analysis was performed; 

(iii) Evaluate whether projects otherwise exempted from meeting the requirements of 

this rule should be treated as non-exempt in cases where potential adverse emissions 

impacts may exist for any reason; 
Atlachment 3.3., pg. 8 

(iv) Make a determination, as required by 40 CFR § 93.113, whether past obstacles to 

implementation of TCMs which are behind the schedule established in the applicable 

implementation plan have been identified and are being overcome, and whether State 

and local agencies with influence over approvals or funding for TCMs are giving 

maximum priority to approval or funding for TCMs; this consultation process shall also 

consider whether delays in TCM implementation necessitate revisions to the applicable 

implementation plan to remove TCMs or substitute TCMs or other emission reduction 

measures; 

(v) Identify, as required by 40 CFR § 93.123 projects located at sites in PM10 or PM2.

5 

nonatlainment or maintenance areas which have vehicle and roadway emission and 

dispersion characteristics which are essentially identical to those at sites which have 

violations verified by monitoring, and therefore require quantitative PM10 or PM2.5 hotspot analysis; 

(vi) Confer on the forecast of vehicle miles traveled, and any amendments thereto; 

(vii) Determine whether the project sponsor has demonstrated that the requirements of 

40 CFR § 93.116, 40 CFR § 93.118, and 40 CFR § 93.119 are satisfied without a 

particular mitigation or control measure, as provided in; 

(viii) Evaluate events which will trigger new conformity determinations in addition to 

those triggering events established in 40 CFR § 93.104; 

(ix) Assure that plans for construction of regionally significant projects which are not 

Federal Highway Administration/Federal Transit Administration projects, including 

projects for which altemative locations, design concept and scope, or the no-build 

option are still being considered, are disclosed on a regular basis, and assuring that any 

changes to those plans are immediately disclosed. 

(x) Confer on the design, schedule, and funding of research and data collection efforts 

and transportation model development (e.g., household/travel transportation surveys). 

(xi) Establish appropriate public participation opportunities for project-level conformity 

determinations required by this rule in the manner specified by 23 CFR Part 450; 

(xii) Provide notification of transportation plan or TIP revisions or amendments which 

merely add or delete exempt projects listed in 40 CFR § 93.126 and 40 CFR § 93.127; 

and 

(xiii) Choose conformity tests and methodologies for non-metropolitan nonatlainment 

and maintenance areas, as required by 40 CFR § 93.109. 

(C) The Oregon Department of Transportation shall consult with all other agencies 

identified under subsection (1 )(c) of this rule with an interest in the document to be 

developed, shall provide all appropriate information to those agencies needed for 

meaningful input, and consider the views of each such agency. All draft regional 

conformity determinations as well as, supporting documentation shall be made available 

to agencies with an interest in the document and those agencies shall be given at least 

30 days to submit comments on the draft document. Oregon Department of 

Transportation shall respond to substantive comments received from other agencies in 

a timely, substantive written manner at least 7 days prior to any final decision on such 

document. Such views and written response shall be made part of the record of any 

decision or action. 

(D) Meetings hereby required shall be open to the public. Timely written notification of 

any meetings relating to conformity shall be provided to those members of the public 
Attachment 3.3., pg. 9 

who have requested such notification. In addition, reasonable efforts shall be made to 

identify and provide timely written notification to ·interested parties. 

(E) If no transportation projects are proposed for the upcoming fiscal year, there is no 

obligation to facilitate the annual meeting required by paragraphs (2)(d)(8) & (C) of this 

rule. 

(F) The meetings required by paragraphs (2)(d)(8)&(C) of this rule may lake place using 

telecommunications equipment, where appropriate. 

(e) An MPO or Oregon Department of Transportation shall facilitate an annual statewide 

meeting, unless otherwise agreed upon by Oregon Department of Transportation, 

Oregon Department of Environmental Quality and the MPOs, of the affected agencies 

listed in subsection (1 )(c) to review procedures for regional emissions and hot-spot 

modeling. 

(A) The members of each agency shall annually jointly review the procedures used by 

affected MPOs and agencies to determine that the requirements of 40 CFR § 93.122 

are being met by the appropriate agency. 

(8) An MPO or Oregon Department of Transportation shall facilitate a statewide meeting 

of parties listed in subsection (1 )(c) of this rule to receive comment on the United States 

Environmental Protection Agency guidelines on hot-spot modeling, to determine the 

adequacy of the guidelines, and to make recommendations for improved hot-spot 

modeling to the United States Environmental Protection Agency Regional Administrator. 

Oregon Department of Environmental Quality, Lane Regional Air Protection Agency, or 

any other regional air authority, may make recommendations for improved hot-spot 

modeling guidelines to the United States Environmental Protection Agency Regional 

Administrator with the concurrence of Oregon Department of Transportation. Oregon 

Department of Transportation may make recommendations for improved hot-spot 

modeling guidelines to the United States Environmental Protection Agency Regional 

Administrator with the concurrence of the affected air quality agency (e.g., Oregon 

Department of Environmental Quality, Lane Regional Air Protection Agency or any other 

regional air authority). 

(C) The MPO or Oregon Department of Transportation shall determine whether the 

transportation modeling procedures are in compliance with the modeling requirements 

of40 CFR § 93.122. The Oregon Department of Environmental Quality or Lane Regional 

Air Protection Agency (in Lane County), or any other regional air authority", shall 

determine whether the modeling procedures are in compliance with the air quality 

emissions modeling requirements of 40 CFR § 93.122. 

(D) The affected agencies shall evaluate and choose a model (or models) and 

associated methods and assumptions to be used in Hot-Spot Analyses and regional 

emissions analyses. 

(f) The Federal Highway Administration and Federal Transit Administration will, for any 

proposed or anticipated transportation improvement program (TIP) or transportation 

plan conformity determination, provide a draft conformity determination to the 

Environmental Protection Agency for review and comment. The Federal Highway 

Administration and Federal Transit Administration shall allow a minimum of 14 days for 

EPA to respond. The United States Department of Transportation shall respond in 

writing to any significant comments raised by the Environmental Protection Agency 

before making a final decision. In addition, where the Federal Highway Administration 
Attachment 3.3., pg. 10 

and Federal Transit Administration request any new or revised information to support a 

TIP or transportation plan conformity determination, The Federal Highway 

Administration and Federal Transit Administration shall either retum the conformity 

determination for additional consultation under subsections (2)(b) or (2)(d) of this rule, 

or the Federal Highway Administration and Federal Transit Administration shall provide 

the new information to the agencies listed in subsection (1)(c) of this rule for review and 

comment. Where the Federal Highway Administration and Federal Transit 

Administration choose to provide the new or additional information to the affected 

agencies listed in subsection (1 )(c), the Federal Highway Administration and Federal 

Transit Administration shall allow for a minimum of 14 days to respond to any new or 

revised supporting information; the United States Department of Transportation shall 

respond in writing to any significant comments raised by the agencies consulted on the 

new or revised supporting information before making a final decision. 

(g) Each agency subject to an interagency consultation process under this rule 

(including any Federal agency) shall provide each final document that is the product of 

such consultation process, together with all supporting information that has not been the 

subject of any previous consultation required by this rule, to each other agency that has 

participated in the consultation process within 14 days of adopting or approving such 

document or making such determination. Any such agency may supply a checklist of 

available supporting information, which such other participating agencies may use to 

request all or part of such supporting information, in lieu of generally distributing all 

supporting information. 

(h) It shall be the affirmative responsibility of the agency with the responsibility for 

preparing a transportation plan or TIP revision which merely adds or deletes exempt 

projects listed in OAR 40 CFR § 93.126 to initiate the process by notifying other 

participants early in the process of decision on the final document and assure that all 

relevant documents and information are supplied to all participants in the consultation 

process in a timely manner. 

(i) A meeting that is scheduled or required for another purpose may be used for the 

purposes of consultation required by this rule if the conformity consultation purpose is 

identified in the public notice for the meeting. 

U) It shall be the affirmative responsibility of a project sponsor to consult with the 

affected transportation and air quality agencies prior to making a project level conformity 

determination required by this rule. 

(3) Resolving conflicts. 

(a) Any conflict among State agencies or between State agencies and an MPO shall be 

escalated to the Govemor if the conflict cannot be resolved by the heads of the involved 

agencies. In the first instance, such agencies shall make every effort to resolve any 

differences, including personal meetings between the heads of such agencies or their 

policy-level representatives, to the extent possible. 

(b) A State agency, regional air authority, or MPO has 14 calendar days to appeal a 

determination of conformity, SIP submittal, or other decision under this division, to the 

Governor after the State agency, regional air authority, or MPO has been notified of the 

resolution of all comments on such proposed determination of conformity, SIP submittal, 

or decision. If an appeal is made to the Governor, the final conformity determination, 

SIP submittal, or policy decision must have the concurrence of the Governor. The 
Attachment 3.3., pg, 11 

appealing agency must provide notice of any appeal under this subsection to the lead 

agency. If an action is not appealed to the Governor within 14 days, the lead agency 

may proceed. 

(c) The Governor may delegate the role of hearing any such appeal under this section 

and of deciding whether to concur in the conformity determination to another official or 

agency within the State, but not to the head or staff of the State air quality agency or 

any local air quality agency, the State department of transportation, a State 

transportation commission or board, the Environmental Quality Comrnission, any 

agency that has responsibility for only one of these functions, or an MPO. 

(4) Public consultation procedures. Affected agencies making conformity deterrninations 

on transportation plans, programs, and projects shall establish a proactive public 

involvement process which provides opportunity for public review and comment by, at a 

minimum, providing reasonable public access to technical and policy information 

considered by the agency at the beginning of the public comment period and prior to 

taking formal action on a conformity determination for all transportation plans and TIPs, 

consistent with these requirements and those or 23 CFR 450.316(b). Any charges 

imposed for public inspection and copying should be consistent with the fee schedule 

contained in 49 CFR 7.95. In addition, these agencies must specifically address in 

writing all public comments that 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 finding for a transportation plan or 

TIP. These agencies shall also provide opportunity for public involvement in conforrnity 

determinations for projects where otherwise required by law. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Comrnission under OAR 340-200-0040.] . 

[Publications: The publications referred to or incorporated by reference in this rule are 

available frorn the agency.] 

Stal. Auth.: DRS 468.020 

Stats. Implemented: DRS 468A.035 

Hisl.: DEQ 7-1995, f. & cert. ef. 3-29-95; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 14-

1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0760 

340-252-0070 

Timeframe of Conformity Determinations 

Any election by an MPO to shorten the timeframe of a conformity determination under 

40 CFR 93.1 06(d) requires approval of the Department of Environmental Quality or the 

Lane Regional Air Protection Agency, as applicable. A shortened timeframe may be 

appropriate, for example, when projected future emissions fail to meet a Motor Vehicle 

Emissions Budget (MVEB) due to calculation methods that are inconsistent with the 

methods used to determine the MVEB. Such circumstances may exist for example, 

when emissions estimation methods have changed from those used to establish the 

MVEB. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Commission under OAR 340-200-0040.] 

Stat. Auth.: DRS 468.020 

Stats. Implemented: DRS 468A.035 
Attachment 3.3., pg. 12 

Hisl.: DEQ 7-1995, f. & cerl. ef. 3-29-95; DEQ 17-1998, f. & cerl. ef. 9-23-98; DEQ 14-

1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0770 

340-252-0230 

Written Commitments 

(1) In accordance with 40 CFR 93.122(a)(4)(ii), prior to making a conformity 

determination on the transportation plan or TIP, a Metropolitan Planning Organization or 

the Oregon Department of Transportation may not include emissions reduction credits 

from any control measures that are not included in the transportation plan or TIP and 

that do not require a regulatory action in the regional emissions analysis unless the 

Metropolitan Planning Organization, Oregon Department of Transportation or Federal 

Highway Administration/Federal Transit Administration obtains written commitments, as 

defined in 40 CFR 93.101, from the appropriate entities to implement those control 

measures. The written commitments to implement those control measures must be 

fulfilled by the appropriate entities. . 

(2) In accordance with 40 CFR 93.125(c), prior to making a project-level conformity 

determination for a transportation project, the Federal Highway Administration/Federal 

Transit Administration must obtain from the project sponsor or operator written 

commitments, as defined in 40 CFR 93.101, to implement any project-level mitigation or 

control measures in the construction or operation of the project identified as conditions 

for NEPA process completion. The written commitments to implement those projectlevel mitigation or control measures must be fulfilled by the appropriate entities. Prior to 

making a conformity determination on the transportation plan or TIP a Metropolitan 

Planning Organization or Oregon Department of Transportation must ensure any 

project-level mitigation or control measures are included in the project design concept 

and Scope and are appropriately identified in the regional emissions analysis. Prior to 

making a project-level conformity determination, written commitments must be obtained 

before such mitigation or control measures are used in a project-level hot-spot analysis. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 

as adopted by the Environmental Quality Commission under OAR 340-200-0040.) 

Stal. Auth.: ORS 468.020 

·Stats. Implemented: ORS 468A.035 

His!.: DEQ 7-1995, f. & cerl. ef. 3-29-95; DEQ 17-1998, f. & cer\. ef. 9-23-98; DEQ 14-

1999, f. & cerl. ef. 10-14-99, Renumbered from 340-020-1010 
340-200-0040 

DIVISION 200 

GENERAL AIR POLLUTION 

PROCEDURES A~D DEFINITIONS 

State of Oregon Clean Air Act Implementation Plan 

Attachment 3.4., pg. 1 

(1) This implementation plan, consisting of Volumes 2 and 3 ofthe State of Oregon Air Quality 

Control Program, contains control strategies, rules and standards prepared by the Department of 

Environmental Quality and is adopted as the state implementation plan (SIP) ofthe State of 

Oregon pursuant to the federal Clean Air Act, 42 U.S.C.A 7401 to 7671q. 

(2) Except as provided in section (3), revisions to the SIP will be made pursuant to the 

Commission's rulemaking procedures in division 11 of this chapter and any other requirements 

contained in the SIP and will be submitted to the United States Environmental Protection Agency 

for approval. The State Implementation Plan was last modified by the Commission on February 

18 & 19,2010. 

(3) Notwithstanding any other requirement contained in the SIP, the Department may: 

(a) Submit to the Environmental Protection Agency any permit condition implementing a rule 

that is part of the federally-approved SIP as a source-specific SIP revision after the Department 

has complied with the public hearings provisions of 40 CFR 51.1 02 (July 1,2002); and 

(b) Approve the standards submitted by a regional authority if the regional authority adopts 

verbatim any standard that the Commission has adopted, and submit the standards to EPA for 

approval as a SIP revision. 

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally 

enforceable upon approval by the United States Environmental Protection Agency. If any 

provision of the federally approved Implementation Plan conflicts with any provision adopted by 

the Commission, the Department shall enforce the more stringent provision. 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.035 

Hist.: DEQ 35, f. 2-3-72, ef. 2-15-72; DEQ 54, f. 6-21-73, ef. 7-1-73; DEQ 19-1979, f. & ef. 6-

025-79; DEQ 21-1979, f. & ef. 7-2-79; DEQ 22-1980, f. & ef. 9-26-80; DEQ 11-1981, f. & ef. 3-

26-81; DEQ 14-1982, f. & ef. 7-21-82; DEQ 21-1982, f. & ef. 10-27-82; DEQ 1-1983, f. & ef. 1-

21-83; DEQ 6-1983, f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84; DEQ 25-1984, f. & ef. 

11-27-84; DEQ 3-1985, f. & ef. 2-1,85; DEQ 12:1985, f. & ef. 9-30-85; DEQ 5-1986, f. & ef. 2-

21-86; DEQ 10-1986, f. & ef. 5-9-86; DEQ 20-1986, f. & ef. 11-7-86; DEQ 21-1986,[. & ef. 11-

7-86; DEQ 4-1987, f. & ef. 3-2-87; DEQ 5-1987, f. & ef. 3-2-87; DEQ 8-1987, f. & ef. 4-23-87; 

DEQ 21-1987, f. & ef. 12-16-87; DEQ 31-1988, f. 12-20-88, cert. ef. 12-23-88; DEQ 2-1991, f. 

& cert. ef. 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-91; DEQ 20-1991, f. & cert. ef. 11-13-91; 

DEQ 21-1991, f. & cert. ef. 11-13-91; DEQ 22-1991, f. & celt. ef. 11-13-91; DEQ 23-1991, f. & 

cert. ef. 11-13-91; DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ 25-1991, f. & cert. ef. 11-13-91; 

DEQ 1-1992, f. & cert. ef. 2-4-92; DEQ 3-1992, f. & cert. ef. 2-4-92; DEQ 7-1992, f. & cert. ef. 

3-30-92; DEQ 19-1992, f. & cert. ef. 8-11-92; DEQ 20-1992, f. & cert. ef. 8-11-92; DEQ 25-

1992, f. 10-30-92, celt. ef. 11-1-92; DEQ 26-1992, f. & cert. ef. 11-2-92; DEQ 27-1992, f. & 

cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 8-1993, f. & cert. ef. 5-11-93; DEQ 

12-1993, f. & cert. ef. 9-24-93; DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 16-1993, f. & cert. ef. 

11-4-93; DEQ 17-1993, f. & cert. ef. 11-4-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 1-

1994, f. & cert. ef. 1-3-94; DEQ 5-1994, f. & cert. ef. 3-21-94; DEQ 14-1994, f. & celt. ef. 5-31-
Attachment 3.4., pg. 2 

94; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1994, f. & cert. ef. 11-2-94; DEQ 9-1995, 

f. & cert. ef. 5-1-95; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 14-1995, f. & cert. ef. 5-25-95; 

DEQ 17-1995, f. & cert. ef. 7-12-95; DEQ 19-1995, f. & cert. ef. 9-1-95; DEQ 20-1995 (Temp), 

f. & cert. ef. 9-14-95; DEQ 8-1996(Temp), f. & cert. ef. 6-3-96; DEQ 15-1996, f. & cert. ef. 8-

14-96; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 23-

1996, f. & cert. ef. 11-4-96; DEQ 24-1996, f. & cert. ef. 11-26-96; DEQ 10-1998, f. & cert. ef. 6-

22-98; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 16-1998, f. & cert. ef. 9-23-98; DEQ 17-1998, 

f. & cert. ef. 9-23-98; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 21-1998, f. & cert. ef. 10-12-

98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 5-1999, f. & cert. ef. 3-25-99; DEQ 6-1999, f. & 

cert. ef. 5-21-99; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, 

Renumbered from 340-020-0047; DEQ 15-1999, f. & cert. ef. 10-22-99; DEQ 2-2000, f. 2-17-

00, cert. ef. 6-1-01; DEQ 6-2000, f. & cert. ef. 5-22-00; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 

13-2000, f. & cert. ef. 7-28-00; DEQ 16-2000, f. & cert. ef. 10-25-00; DEQ 17-2000, f. & cert. 

ef. 10-25-00; DEQ 20-2000 f. & cert. ef. 12-15-00; DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 

2-2001, f. & cert. ef. 2-5-01; DEQ 4-2001, f. & cert. ef. 3-27-01; DEQ 6-2001, f. 6-18-01, cert. 

ef. 7-1-01; DEQ 15-2001, f. & cert. ef. 12-26-01; DEQ 16-2001, f. & cert. ef. 12-26-01; DEQ 

17-2001, f. & cert. ef. 12-28-01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 5-2002, f. & cert. ef. 

5-3-02; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ'5-2003, f. & cert. ef. 2-6-03; DEQ 14-2003, f. 

& cert. ef. 10-24-03; DEQ 19-2003, f. & cert. ef. 12-12-03; DEQ 1-2004, f. & cert. ef. 4-14-04; 

DEQ 10-2004, f. & cert. ef. 12-15-04; DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 2-2005, f. & cert. 

ef. 2-10-05; DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 7-2005, f. & cert. ef. 7-12-05; DEQ 

9-2005, f. & cert. ef. 9-9-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 4-2006, f. 3-29-06, cert. 

ef. 3-31-06; DEQ 3-2007, f. & cert. ef. 4-12-07;DEQ 4-2007, f. & cert. ef. 6-28-07; DEQ 8-

2007, f. & cert. ef. 11-8-07; DEQ 5-2008, f. & cert. ef. 3-20-08; DEQ 11-2008, f. & cert. ef. 8-

29-08; DEQ 12-2008, f. & cert. ef. 9-17-08; DEQ 14-2008, f. & cert. ef. 11-10-08; DEQ 15-

2008, f. & cert. ef 12-31-08; DEQ 3-2009, f. & cert. ef. 6-30-09 

Attachment 4 

Evidence that the State followed the Administrative Procedures Act 

4.1 Public notice in the Secretary of State's Oregon Bulletin November 01, 2009 

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed 

and effective March 5, 2010. 

Attachment 4.1, pg.1 

Oregon Bulletin 

November 1,2009 

NOTICES OF PROPOSED RULEMAKING AND 

PROPOSED RULEMAKING HEARINGS 

Department of Environmental Quality 

Chapter 340 

Rule Caption: This rulemaking repeals state regulations that duplicate federal transportation conformity rules. 

Date: Time: Location: 

11-23-09 7 p.m. DEQ Headquarters 

811 SW 6th Ave 

Portland, OR 

Hearing Officer: DEQ Staff 

Stat. Auth.: ORS 468.020 

Stats. Implemented: ORS 468A.035 

Proposed Amendments: 340-200-0040, 340-252-0030, 340-252-0060, 340-252-0070, 340-252-0230 

Proposed Repeals: 340-252-0020,340-252-0040,340-252-0050, 340-252-0080, 340-252-0090, 340-252-0100, 340-252-

0110,340-252-0120, 340-252-0130, 340-252-0140, 340-252-0150, 340-252-0160, 340-252-0170, 340-252-0180, 340-

252-0190, 340-252-0200, 340-252-0210, 340-252-0220, 340-252-0240, 340-252-0250, 340-252-0260, 340-252-0270, 

340-252-0280, 340-252-0290 

Last Date for Comment: 11-30-09, 5 p.m. 

Summary: Transportation conformity is the process required by the Clean Air Act that limits vehicle pollution fi'om new 

transportation projects to an amount that will not exceed national air quality standards. The rules establish requirements 

for transportation planning agencies including Metro (in the Portland area), Oregon Department of Environmental Quality 

and several councils of government. Oregon was originally required to adopt the majority of the federal contormity rules 

as state regulations but that obligation was removed in 2008. This proposed rulcmaking responds to the change by 

repealing state requirements that duplicate federal measures. 

The most significant effects of this rulemaking are that transportation planning agencies will be able to extend the 

maximum interval between conformity analyses to four years from the current tiu'ee yem' limit. They will also be able to 

use a more efficient technique for demonstrating conformity at the project level. In addition, the proposed rules add a 

provision that a conformity analysis period may be shortened only with the approval of tile appropriate air quality agency. 

These mnendments, if adopted, will be submitted to the U.S. Environmental Protection Agency as a revision to the State 

of Oregon Clean Air Act Implementation Plan, which is a requirement of the Clean Air Act. 

To request additional information regm'ding tilis rulcmaking, please contact:Dave Nordberg at the Department of 

Environmental Quality, call toll fi·ee in Oregon 800-452-4011 0)" (503) 229-5519, or visit DEQ's public notices webpage 

http://www.deq.state.or.us/news/publicnotices/PN.asp 

o comment on this rulemaking, submit your conmlents to: Dave Nordberg, Oregon Department of Environmental Quality, 

811 SE Sixth Avenue, Portland, OR 97204 or by fax to (503) 229-5675, or by email to TranspCooformity@deq.state.or.us 

Rules Coordinator: Larry McAllister 

Address: Departmeot of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204 

http://arcweb.sos.state.oJ".us/rulesIlI09 Bulletinll109 rulemaking bulletin.html 

Attachment 4.2, pg.1 

w ~ **,b:liVe \IW fiHf!t ~1!\X'l",". ~#'lli'f»c 

lIULII CAI'1'IOl'I 

l'III. Nlemaltl,,!! _-I\< Alai" mgulot",,,,,lhot "","""'\0 1id!1ll1ron_lfon ~Ily tulH. 

iI¥ Aw .. _ OIlS ~.020 

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~~triI!lf.ei MS46aA.OM 

II'OL£ SIiMMAIW 

Fj tIED 

mM" ft SlOw 

L. Af{.,{~WVti$ ~.jI8KHI f;l2.,~3.~!!illY t::T STAte; 

-

TIM.pons""n ~nlbrmiIY"!Oe llfOC"S' Jequlred by th<> Cu.nlllr lid lfmt ~m~. whiole 1'0110\100 f_ !Ill'" tr~""port.tiQn Il'*""' to "" SmQllm ~1411 WIIIl\ot m<oo.d nSllQnal air quality lIIondaids. Th .. NIe. lMIUlb!i~ f!>qu""meol< IN 

Iran.porta'lon pillnni"!! "lloo:;l", !nQl.oI"l1 M~~c fm II>B 1'011"'"" aroah Of"llQll DopQllmenl III Environ.'n""Ia. QuWl'Y !!till 

_ral ",,"0010"1 gove"'~t. Of1IQon IIIlIsl1!lig1nally ~"i",d II> adopt !he "",)otll1 m th<> leder., tonlotmlly"'"", aa 

$!olft mgu\auQIlsl;ut that (J\)lig~UOl1 wa. _"",d'" 2008. This ~ Nler>1llll<ing "'$1'0",,&11> tIla <I10"90·lJI! ,ep..,lIng· 

staw '''';luir<>mMU; UIlQt ,,"uplicat. _ral ",,,a$<1""'. 

Attachment 4.2, pg. 2 

Th. fl\(lSt .ln~ilIc.nt elfects of till. nAema!<ing .ro 111.1 troospol!lloon plonnl~ ll9S""loS Will bo .blG to .,I."~ 1M . mrudrttum lntf)(Vai btrtWMin conformity artal}'lm!!i to rovrye:s,rs frQlll the t\Jl1l:nt ttJree year tim1l They Will alsQ be qbie W, 

If:Se 6, rt'tOte effJCient technk}ue for .cJemoosttating <:Mrotmlty at thtl pl'tlJGd IWM. In 'adfiittr;'Jlt, ~ propo&,e.Q role-a add a 

!>flY'i>lon Ino!. ooororrnlty ... I;sl. period may 1le .hMooad Only ",lIn 1M app"''''1 of III. approptiale air quail!;> "llen,y. 

These emen-:Jm~ If .{:IdQ~. wit! btJiI'iUbmiUed to the U,S. Emil'4ome:nml Protection AQency {Hi a ~f1 to tfle Stall;' 

of Or1Ilgon Clean I\lr Act Implementation PIM, ""'100 Is.. mqUE_1 or Ill. Cloan I\lr Act 

.. ,'1n~~l!te:lR.Jtu~ ~'~~"' __ " __ "_ YJ..1t1.-1:.<: Ii,. ..;:J. dO,I ... · 0",' __ .w~ IJ« ~"'~ 011111 '"-

_ ... M""",,l1M~ hhlMtlmt 

"'~Mi'lNlWJ"'t"ik<~tfltU~~i'OJ>O' ;..t1~'4y4.!o<;r!flJ.mk ~ ;"Jh¢ttlk...mllflNtl<n< "~~Mt!\\UrW!lahl:li,*lUli£ .. tlmt,!....r.>4h1" .. bIU~tl'\,;I~'I\!Im:l1il6i~MrnIlWAJI\'¢n~';'~,N~f.:mmmn~triltUlI.ulitltu 

A.lNn!mriwltilu Uta.Q,tW!II;ru!tAl~ lM!bmHltiflillU(UI;., $dH)',6q,-.Il{lt${llfql $ooll"'"9$!k UII, ... .rw~t""-~'nc.I"'Whwl~AiI Jut/!t-AI II&I!:M*$wJlllm ~MOItk_trn1Al)I.I1tJf.N6Uffnmtt~t:~<AiIfh\!m$O'lfl\''"'I!'$!Mh$~ ~ 

Attachment 5 

Evidence of Adequate Public Notice 

5.1 Affidavit of Publication: The Oregonian, Notice of publication on 

October 20, 2009. 

Attachment 5.1, page 1 

l,_~. _~...J16BBIS . ' dull' ''''''''' <l<p ••• ,,td,.yl!101 bm "",~I Cl<fkorn.t>ubllsb" oI:n. ~, .... "'P'Pet ol'~"''''.l <ir<Ili .. loo,.s <IolJII<d bj> QR& I?$'()l# rut<I !~)Jl'll),pWU."'" .. tn. <'ill' ofPoo!ood, itt 

MIl_. C"""'" o,.goo; tn.1 11>, oovortl"."", '''''' puhH~i<d Willw., ""'anptlon In tn. ,.,It< .rut<I,..Iat,_.n:ho 

o,.g,nim Of tlJo _'''lIIlli< li>litt"ma ""1£('); 

1iJi!2()'2009 

aeptQll;!lv!r\l!!III!l~!/;\t1;111all\l 

AlrOfJaI!M'I~,t.l!",.. 

NOV naoos 
Attachment 5.1 , page 2 

/JepI01tnVl!qf!lflllll\!;bI;!(!lll!\~ 

A\rOIlJ'l!l!\Tf)hII~i/ll'1 

NaV O9Zo09 

qI;CElu~O 
Attachment 6 

Certification of Public Hearing 

See paragraph three of cover letter and Attachment 7.1 

Attachment 7 

Compilation of Public Comments and Department's Response 

7.1 Presiding Officer's RepOli for Rulemaking Hearing dated Dec. 2, 2009. 

7.2 Summary of Public Comment and Agency Response dated Jan. 11,2010. 
Attachment 7.1, page 1 

Stat" of ()1'qjl!I\I 

.l)e1l1l~llIIrmt m EnvitQnnl<'lihl! QuIIIlI)' 

Dove Nordlx'1g:. P;IlQ Slott 

1'r",idill!1 om"",'. R~ Il>ti Rul"",lll.inS Hc.nnil 

TWo of Propol<lil: 1'olO'",,""'*, ~>lly 

IIcatiill! DatuM Time: N<;i,I,lll, ~ 7:001'.M. 

lI_i.g I~!M: DEQI~"''" 

I'll I s.. We Sh<1h A"", 

Porttnnd, {lit 1I1!!&1 

ibe tJcPilriftu::nt ¢i':l11W,* the rol~flw:ill! hCBfmi Qn ~$M c-ha:ug..j.N ~ OreHim t.$ 

Transportalio" COlli'6nmll' nd .. 41111'.l\t No OlIUpm f_ DEQ :5lMt a1fcr!d"j ,UI\II!he 

bcmiill! "..,. <I<=<IlII'1:3(1 1'.M. 

12-'2-05 
Attachment 7.2, page 1 

Summary of Public Commentand Agency RliSponse 

Title of Ruf<)maklng: TfllnsportaUon Conformny 

Prepared by: Oave Nordberg, Date: Oeo. 4, 2009 

Comment 

period 

Organization 

of comments 

and 

responses 

Comment:! 

Response 

CommenU 

Response 

The pvblio comment period opened on October 20, and closed at 5:00 P.M. 

November 30, 2009. OEQ held a publio hearing al7:oo P.M. November 23, . 

2009 at OEQ Headquarters in dowmown Portland. No members of the public 

attended. A single oommenlletler was received during 1M comment pertod .. 

No additional comments on the propesed transportation confonntty rules 

were submltled by electronic mail or by other means. 

The Oregon Department afTranspOrtation submiijed comments on three 

aspects of the proposed rules. Summaries of each comment and the 

Department's responses afe provided betow. 

oolnmentlo 

onlY paragraph in Ihls section from 'except Grants 

deleted. DEQ agrees the suggested modification is consistent with the intent 

of the rules and deletes this reference from the rules to be 

AI OAR 340·Z52"()060(2)lb)](D)(Vliij. replace <40 CPR 93.126' with --

'40 CFR 93. ~25' 

DEQ agrees the cilation of '40 CPR 93.128' in this paragraph is incorrect. 

this reference Is replaced wUh '40 CFR 93.125' in the rules to be pfllsentOO forEQC adop!!~.n:.!!' ___ ~ ______ ~ __ --l 

Considef replaclrlg the text of OAR 340-252..()23il(1) and (2) with the -~ 

language offered by Appendix A, page 9 of 'EPA's Guidence for Developing 

Transpgrtation Comannlt)' State implementation Plans' dated Januarv. 2000. 

OEQ acknowledges lila! using EPA's suggested language for OAR S40-252· 

0230(1) and (2) will enhance consistency with other states, The rutes 

-----~~,~~~~~~~~~~~~~~ OfllOOSed for EQC BcloDtian are modified to aDPlv the federal \'IOrdlna. 

List of Comm.llters and Reference Numbers 

Reference Name Organlzalloll AdoreS'S Date on 

NIImber com,~ 

,2and3 H~A.Gard Oregon Department Pf Department ot TrnllSportatiQ1\ mooNed 

Tmnspo!1atJoll 355 Capitol Sf. NE 1113012009 

Salem OR 913Ql 

Allt!cl1ment ll. Page lor I