### Attachments: . 

### Attachment 1: Evidencethatthe statehas adopted the revision

. 1.1 

### StaffReport, AgendaItem M ofthe February 18-19,2010EQC Meeting See also Certificate and Order for FilingPermanentAdministrative Rules inAttachment4.2
Attachment 2: Evidencethatthe Statehas the necessary legal authority SeeAttachment 1.1 Commission authority (page 2 ofStaffReport, AgendaItem M oftheFebruary 18-19, 2010 EQC Meeting)
Attachment 3: Provisions Submittedfor Approval (3.1

- 3.2 Redline/strikeoutversionor amended andrepealed SIP rules, 3.3

- 3.4 Amended andrepealed SIP rules submitted to SOS) RepealedRulesare citedinItalics 

### 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, 340-252c

### OlOO, 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 PollutionProcedures & 

### Definitions (SIP Rule): OAR 340- 200-0040. 3.3 FinalVersionofAmendedTransportation Conformity Rules. 3.4 FinalVersionofAmended SIP Rule.
Attachment4: Evidencethatthe Statefollowed the Administrative Procedures Act 4.1 Publicnotice inthe Secretary ofState's Oregon BulletinNovember01, 2009 4.2 Certificate and Orderfor Filing PermanentAdministrative Rules, filed March 5, 2010.
Attachment 5: Evidence ofadequatepublicnotice 5.1 Affidavit ofPublication: The Oregonian, Notice ofpublication on October 20,2009.
Attachment 6: Certificationofpublic hearing Seeparagraphthree ofcover letter and Attachment 7.1
Attachment 7: Compilation ofPublic Comments and Department's Response 7.1 Presiding Officer's RepOli for Rulemalcing Hearing dated December 2, 2009. 7.2 Surmnary ofPublic Comment andAgency Response dated January 11, 2010.Evidence that the Statehas the NecessaryLegal Authority 1.1 (page 2 ofStaffReport, Item M ofthe


### x Provisions Submitted forApproval (Attachments3.1 to 3.2: Redline/strikeoutversion ofrules; Attachments3.3 3.4: Amended rules submittedto 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-

Statefollowed theAdministrativeProceduresAct X 4.1 Public notice io the Secretary ofState'sOregon November I, 2009. X 4.2 5,2009 X 5 Evidence PublicNotice X 5.1 Affidavit ofPublication: The Oregoni;m, Notice ofpublication on October20, 2009. X 6 Certification ofPublic**He'lfinl~** X See 7.1 X 7 Compilation ofPublic and Department's X 7.1 Presidiog Officer's Reportfor Rulemakiog Hearing dated December2, 2Q09. 7.2 Summary ofPublic Commentand Agency Response dated January 11, 2010

## Attachment 1


## Evidence the State has Adoptedthe Revision

1.1 

### StaffReport, AgendaItemM ofthe February 18-19,2010EQCMeeting. See also Certificate and Order for FilingPermanentAdministrativeRules in Attachment4.2

### Attachment 1.1, pg. 

### 1

State

### ofOregon 

## DepartmentofEnvironmental Quality Memorandum.
Date: To: From: Febmaty 1,2010 ./" Environmental QuailtyCff.l

# i;~SSi~

# V

DickPedersen, Director

# r
Subject! AgendaitemM,Acliunjtem:Transportation conformityruleadoption Fcbmary 18-19, 2010EQCmeeting

WlIytltisill impm1lll1t

IlEQ m:ommendalloll andEQCmollon

Background and needful" rnlemoddng Transportationconformity istheprocessrequiredbythe('leanAirActthatlimits vehiclepollutionJl:OIllnewIfMsportationprojectstoanamountthatwillnot exceed.nmionalairqualily8ll1ndards. Confonnityrnles apply onlyto areas that Imveviolatedfederal airqualitystandards. TheDepm1meulofBnvironmental QualityrecOI!IJI](mdstlmttheEnvironmental QualityCo1lll1lissionadoptproposedmoditicationstlm!amendandrepeal Oregon'stransportationconfonnity.rules as presentedinAttachmentAandsubmit them totheUSEnvirotllllcntalProtectionAgency as arevislon10 Oregon's Stale ImplementationPlan. 

### WhentheEnvironmental ProtectionAgency adoptedfederaltransportation confonnityrules in 1993,theyrequired sMes to adoptIdentical rules asportof' theirstateimplementationplans. Sincefuen,EPAhasrepeatedlymodifiedfederal mles, creatingincreasingdifferencesbetweenslateand&deralregulations. The differences aretypicallyminor; however, 

### they canprevenltransportationplanning**agencie~**fromtakingadvantageofnewfederal provislollSthatimprove administrativeefficiency. 111.2008,EPA modifiedfederal rulesto require states InadoptonlyC<lrt.ainpartsof the cOnformityrulesasslateregulations. Passagesthatpertaint(l Oreg(lu-speoifie conditions, suchasfuosedescribinginteragencyoonslIltatlonaudany requirements

### thataremOterestrictivethan.federal minimum stnndards, must

## be retainedas staterules. Tnrespollseln thechangedrequiremel1/s, DEQ isproposingtorepeal. staterules tllll!duplicatefedera! measures,allOwingthefederal confonnilyrules togovern. This will reduce differencesootween stateillld federal regulations andallow transportationplannersto applyfutureclmngestothefederal rulesas soonas EPA approvesthem,This\villalso reducethefrequencywithwhichDEQupdates Oregon's

### ccmformitynIles. Oregon'stransportationplanningagencies areinterestedinUSillg anewprovision

Item M000001

### Attachment 1.1, 

### pg.**~**

Actionitem:Transportation conformity rulaadoption February 18-19, 2010 EQC mOOIng Page2013 

### infedemlrules

### thIlteKwndsthemaxlmUlllperiodhetweencOllfonuitylUlalysesII) fuuryears fromthepresentthree-yearlimit. Thefour-yearintervalbetle!coincides 

### withthe**schedul~**

### forothertraIlsportlllionplaonill!lduties,ilildwlllnot

### weakililthe environmentalproreetlonofarobustconrormity PIOCe&!.Repealingthebulkof slarerequirementswillallowtransportation agenciestotakeadVlUllageofthisand otherupdatedprovisionsimmedialely. lITe<!.fnil. Tillsmlenmkingwould streamlioerequirementsfortransportationplanning agencies.TheseincludeOregonDepartmentof"fransportation,Portlmd·area 

### Metro,LaneCouncilofG01'Ul!lmell1s,MidWillll.lnetw

### VruleyCOl!ncil

### of Governments,

### andRogueValleyCouncilofGovernments. Chaagesinclude lengthenll1gthelntervalbetweenconfoil1litydemollstmtiollSfromthree to fOUl years,allowing aone-'yeargraceperiodforareasnewlysubjeettoeonfatmity and simplifyingrequirements [orlocalIzed "hotspot" analyS(l').Thepm\l()sedrules allowtranspot"tlltionplannersto forego abal·.potanalysis if

### theycandemQllStrate 

### ap!I<joelbelo.ngs

### toacategoryofprojoctsthathasmInimal airqualityeffects. Responsibilityforl:!1!nsportationplannioginGrantsPasswilltr!Ulsfcr.fromRogue Valley ConocilofGovernments to ODOT althoconnell's**I~Uest.** Commission Thecormnlsrionhasaulhority10takethis actiQIl.undetORS468.0.2(). authorily Stak.holder DEQdevelopedtheproposedmlechanges

### overthe Cotmeoffcutmeedngs of involvem•• t Oregon'stran.porlatiouplanningugencies andtheFederalHighway Administration. DEQalsoconsultedwithTIPA, LaneRegionalAirProlectiol1 

### Allency andtheOregonEnvironmental

### Council.Attheendofthe consultation process, stakeholdersagreedthatthechangesreflectedinthisstaffreportshould 

### beproposedfor

### a"doption. Publiceomme.Dt DEQheldapubliccommentperiodfromOctober20 to

### November30,2009, and includedapublichearinginPortland.Aftertheoommentperiodclosed,DEQ discoveredmany inletaledrule

### deletionsbad

### bCIUl!oadvertentlyomitl'ldfrom the proposedrulesprovidedforcomnlent.DEQcorrectedtheproposedrules011 December22,2009lllldllotifiedinterestedpartiesthe agencywouldaccepttllrther commentsonthisadditionalinformationuntilJanuary 8,2010. Resultsofpublic inputnreprovided

### InAttachment

### B. KeyWIltJ8 MostofOregon'sconfoil1lityrequirementswlllbethesameasfudetairules.This proposal,however.roominsaprovisionthatwouldbemoreenviromuentally prQwctive

### thanthefederalminimum Specifically,undercertnin

### circllmstanoosthe EPA'stransportatiollconformityrules allowatransportationplanningageney to shortenAllairqnality analysisperiodfrom 20·pllJSyearsintothefumretoasfew as 1 

## o

year!. Federalrulesallowtheshorterperiodtohe appliedattheelectionof

Item M000002

### Attachment 1.1, 

### pg. 3

Action Item: Transportationconformity rule adoption February 18·19, 2010 EQC meettng Page 3of3

Nextsteps

AtIllehm•• ts

Available Urfill t'C(luest Ihell1lJlSportationplanningagencyallerooflSultingwiththeapplicahleair pollutionagency. DEQ'.mlemakingproposnl ismomre,trictiwinthattho shorterIll1lIlysisperiodwouldbeallowedonlyafterconsultationwith. and approval oftheapplicable airpollutioncontrol agency. DEQviews alonganalysisperiod .ssentialtolhopurpose ofoonforrnJty. 'I1re core principleofconformity isto en""",thattom'portationplanacrsevalua1etho air pollutio"generatedbynewhighways orothortransporlat1onfacilities, andkeep vehideemissiOl"within !helevelneededtomeetnational nirquality standard,. OftenthefuU airquality consequence. ofanew Iransportationsystemormajor projec(ca"oolbeseenin !hefirsttenyears. Enviromnental effect, ·takedecade,to maturebecausethe RverageAmericandrives 1.5percentmoreeachyearand Oregon'spopulationisprojected10grow 1.4percentperyearunlil2030. Highway expansionalso intensifiestheuseofsurrounding land, whichstimulat

..addltlonal traffic. ForthesereasOllS,DEQconsiderSitlo"J'propriateto shortenaeonfurillity analysisperiodwithoutagreementofthereleVllnlairquality agency,eitherDEQ orthe L<m. Regional AirProtectionAgeney. IfadoptadbyEQC, DEQwillfilethe rulemodificntlOl"willi theOreg,," SeeretaryofSlale and submitthem (0EPARegion 10

....revision

### wtheOregon SlateImplomentation Plan. UponapprovalbyEPA, DEQwill implernonithe changesasmodifications in Oregon's existingtmn'portation conformilyprogram. A. Proposedrulerevisions B. SWnmJll')' ofpublic commonlS and 'SOlleyr.,ponse, C. Advisoryoommitteemembershipandanywrittenreoommendation D. Presidins Office,'.,eportonpublicbearings E. Relationshipto redoralre<luirementsquestions F. Statementof needandfiscal andeconomicimpact G. Land useevalrnilionsta!ement
I. Legslnoticeofhoari"ll 2. Covermemorandumfrompublic notice 3. Writtenco.mments:received Approved:

# ~~/**~JJ'At/'Vl** Section: Diyision: Reportpreparedby: DaveNordberg Phone: (503)229-5519

Item M000003

## Attachment 2
Evidence thatthe State has the Necessary LegalAuthority

SeeAttachment 1.1 Commission authority (page 2 ofStaffReport, AgendaItemM ofthe February 18-19,2010EQCMeeting)

## Attachment3
Provisions Submittedfor Approval

3.1 and 3.2. Redline/strikeoutversion ofamended and repealed SIP rules. (RepealedRules are citedin 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 AirPollution Procedures & 

### Definitions (SIP Rule): OAR 340- 200-0040.
3.3 and 3.4. Amendedand repealed SIPrules submitted to SOS
3.3 Final Version ofAmended Transportation Conformity Rules.
3.4 Final Version ofAmended SIP Rule.

### 2



# I I

\
\ 

### \ \ \ \
\
\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) ofthis rlolle or OAR 340 252 0270, conformity determinations are reqlolired for: (a) The adoption, acceptance, approval or support oftransportation 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 ofTIPs 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 offlolnds Iolnder title 23 U.S.C. (2) Geographic i\pplicaeilily. (a) The provisiens ofthis division shall apply in all nonattainment and maintenanw areas for transportation related criteria poilioltants forwhich the area is desi!:!nated nonattainment or has. a maintenance plan. (e) The provisions ofthis rlolle applywith respect to emissions ofthe following criteria poilioltants: ozone,-Bareon monoxide, nitrogen dioxide, and particles with an aerodynamio diameter less than or eqlolalto a nominal 10 micrometers (PM41l}-.- (c) The provisions ofthis rlolle applywith respect to emissions ofthe 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 ortile director ofthe Department of Environmental Quality, orthe director ofany 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 aAttachment 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 ofthe reasonable further progress, attainment or maintenance strategy. w-+Re provisions ofthis division apply to maintenance areas for 20 years from the date EPA approves the area's request under section 107(d) ofthe CAAfor 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 offinal design; acquisition ofa significant portion ofthe right ofway; or approval ofthe plans, specifications and estimates) occurred. All phases of such projects which were considered in the conformity determination are also included, ifthose phases 'Nere for the purpose offunding final design, right ofway acquisition, construction, or any combination ofthese phases. (b) A new conformity determination for the project '

....

### iII be required ifthere is a significant change in project design concept and scope, ifa supplemental environmental document for air quality purposes is initiated, or ifthree years have elapsed since the most recent· major step to advance the project occurred. 

### [NOTe: This rule is included in the State ofOregon 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
DefinitionsAttachment 3.1, pg. 3

The definitions in OAR 340-200-0020, 340-204-0010 and this rule apply to this division. Ifthe 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 butnot defined in this rule shall have the meaning given them by the CAA, Titles 23 and 49

# u.s.C., otherEnvironmental ProtectionAgency regulations, orotherDOTregulations, in that order ofpriority. (1) "Air pollution control agency" has the meaning given that term in section 176(c)(7)(E) ofthe FCAA. j1) "Applicable implementation plan" is defined in section 302(q) ofthe 

### GAl'. and means the portion (or portions) ofthe 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 ofthe 

### 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 ofthe standard during the future period in question, ifthe project were not implemented; or (b) To contribute to a new violation in a mannerthat '

....ould increase the frequenGy or severity of a ne'

.... violation ofa standard in such area. (4) "Glean data" means air quality monitoring dllta determined by EP/\ to meetthe fO€t1olirements of

### 40 CFR part 

### 511 that indiGate aitainment ofthe 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, exceptwith respect to a transportation plan orTIP revision which merely adds or deletes exempt projects-listed in O/\R 340 252 0270, consider the views ofsuch parties and provide a timely, written response to those views. Such views and written responses shall be included in the record ofdecision 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 orderto 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 189(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 offacility 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 ofa 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 ofproject, signalization, access control including approximate number and location of interchanges, preferential treatment for high occupancy vehicles, etc. (10) "DOT" means the United States Department ofTransportation. (11) "EPA" means the Environmental Protection**Agen~** (12) "PHV'IA" means the Pederal HighwayAdministration of DOT. (13) "PHWNPTP. project" for the purpose ofthis 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 ofthe 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 ofall required phases necessary for implementation. Por analytical purposes, it must be defined sufficiently to: (a) Connect logical termini and be ofsufficient 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 ifno additional transportation improvements in the area are made; 

### aM

. (c) Not restrict consideration ofalternatives for otRer reasonably foreseeable transportation improvements. (17) "Horizon year" is a year forwhich 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 ofthose 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 ofemissions 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/orwOllld otherwise exist dllring the futllFO period in question, ifthe 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 AirAGt as responsible for developing an applicable implementation plan. (22) "MaintenanGe area" means any geographic FOgion ofthe United States pFOviollSly designated nonatlainment pllrsllant to the CAA Amendments of 1990 and subseqllently FOdesignaled 10 attainment sllbjeetto the FOqllirement to develop a maintenanGe plan llnder 

### § 175/\ ofthe 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) ofthe 

### 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 ofother projeGts may be affeoted. It is not permissible to have prospeotive diserepancies with the SIP's TCM implementation schedllie dlle to lack offunding in the TIP, lack ofoommitment to the project by the sponsoring agency, llnreasonably long periods to Gomplete flltllre work dlle to lack ofstaff or other agency reSOllrees, lack ofapproval or Gonsent by local governmental bodies, orfailllre 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 ofthe Intermodal Sllrface Transportation Efficiency Aot (lSTEA), with FOsponding to damage from natllral disasters, Givilllnrest, orterrorist 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 under23 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) ofthe 

### CiV'. /\ milestone consists ofan emissions level and the date onwhich it is required to be aohieved. (28) "Motorvehiole emissions budget" is that portion ofthe 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 ofthe**~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 ofthe CAA. (30) "NEPA" means the National Environmental Policy Act of 1969, 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 ofdecision on a Pinal Environmental Impact atatement wnder NEP/\. (32) "Nonattainment area" means any geographic region ofthe United States whioh has been designated as nonattainment under 

### § 107 ofthe C/\/\fer any pollutant fer whioh a national ambient air quality standard exists.**(4~)** "ODOT" means the Oregon Department ofTransportation.**(~)** "Policy level official" means elected officials, and management and senior staff level employees. j35) "Project" means a high'Nay project ortransit project. (36) "Protective finding" means a determination by EPA that a sllbmitted control strategy implementation plan revision contains adopted control meaSllres orwritten 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 offllnds designated under title 23. U.a.C. or the Pederal Transit Laws" means any agency at any level of atate, COllAty, city, or regional governmentthatAttachment 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 pursuantto 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 ofan 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) ofthis 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 ofAttachment 3.1, pg. 8

loeal transit ageneies, sueh as changes in routes, schedules, orfares. It may eORsist of several phases. For analytieal purposes, it must be**defifle€i.-tA~** (a) Conneo! logieal termini and be ofsuffioient 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 ofthe C/V\, or any other measure for the purpose of reduoing emissions orooncentrations ofair pollutants from transportation souroes by reduoing vehicle use or changing traffic flow or congestion conditions. Notwithstanding the first sentence ofthis definition, vehicle technology based, fuel based, aoo maintenance based measures which control the emissions from vehicles under fixed traffic conditions are notTCMs for the purposes ofthis division. 

### (46) "Transportation impro'.'ement program" or "TIP" means a staged, multiyear, intefmedal·program oftransportation 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 pursuantto 23 CFR Part 450. (48) "Transportation project" means a roadway project ora transit project. (49) "VMT" means vehicle miles traveled. (50) "VVritten commitment" for the purposes ofthis division means a written commitment Ihat includes a description ofIhe 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 acknowledgmentthat the commitment is an enforceable obligation under the applicable implementation plan. [NOTE: This rule is included in theState ofOregon Clean AirAct Implementation Plan as Adopted by the Environmental Quality Commission under OAR 340-200-0040.] Stat. Auth.: ORS 468.020 Stats. Implemented: ORS 468A.035Attachment 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 ofthose trans[:lortation [:lortions ofan 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 offunds among States or otherjurisdictions. [NOTe: This rule is included in the State of Oregon Clean AirAct 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 ofConformity 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 undertitle 

### 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 ofthe trans[:lortation [:llan no less frequently than every three years. If more than three years ela[:lse after DOT'sAttachment 3.1, pg. 10
conformity determination without the MPO and DOT determining conformity ofthe 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 newTIP 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. Ifmore than three years elapse after DOT's confGfffiity determination without the MPO and DOT determining conformity ofthe TIP, the existing conformity determination will lapse. (d) After an MPO adopts a new or revised transportation plan, conformity ofthe 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, orfunded. 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 offunds Hnder Title 23**U.~.C.** ifthree years have elapsed since the most recent major step to advance the project (NEP/\ process completion; start of final design; acquisition ofa significant portion ofthe right ofway; or approval ofthe 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 ofthe following, orthe existing conformity determination will lapse, and no new project level conformity determinations may be made until conformity ofthe transportation plan and TIP has been determined by the MPO and DOT: (a) November24, 1993;Attachment 3.1, pg. 11 (b) The date ofthe atate's initial submission to EPA ofeach control strategy implementation plan or maintenance plan establisfl.ing a motorvehicle emissions budget; (c) EPA approval ofa 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 ofan 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 ofthe transportation plan and TIP has been determined by the MPO and DOT. [NOTE: This rule is included in the State of Oregon Clean AirAct 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 ofconflicts. Consultation shall be undertaken by MPOs, the Oregon Department ofTransportation, affected localjurisdictions, and United States Department ofTransportation 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 ofthe interagency consultation process with respect to the development, amendment or revision (except administrative amendments or revisions) ofan applicable implementation plan including, the motor vehicle emissions budget. The MPO, GOGT Oregon Department ofTransportation, or any other party responsible for making conformity determinations pursuantto this rule, shall be the lead agency responsible for preparing the final document or decision and for assuring the C!dequacy ofthe interagency consultation process with respect to the development ofthe transportation plan, the TIP, and any determinations ofconformity underthis rule. The project sponsor shall be responsible for assuring the conformity of FHWAIFTA projects and regionally significant projects approved or adopted by a recipient offunds 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 ofTransportation, both headquarters and each affected regional ordistrict 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 orair quality agency. (d) Specific roles and responsibilities ofvarious 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 fordeveloping: (i) Emissions inventories; (ii) Emissions budgets; (iii) Attainment and maintenance demonstrations; (iv) Control strategy implementation plan revisions; and (v) Updated motorvehicle 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 measuresto 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 PM 10 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 ofthe 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 ofTCMs as required for determining conformity; (vii) Distributing draft and final project environmental documentswhich have been prepared by the MPO to other agencies. (E) The Oregon Department ofTransportation (ODOT) shall be responsible for: (i) Providing technical input on proposed revisions to motorvehicle 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 ofGoveFRments 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 HighwayAdministration and Federal Transit Administration shall be responsible for assuring timely action on final findings of conformity, after consultationwith 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 motorvehicle emissions factors; and (ii) Providing guidance on conformity criteria and procedures to agencies in interagency consultation. (!J) Any agency, by mutual agreementwith 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, ortransit 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 ofthe following actions is sought: adoption or amendment ofa localjurisdiction's transportation system plan to include a proposed project, the issuance ofadministrative permits for the facility or for construction ofthe facility, the execution ofa contract for final design or construction ofthe facility, the execution ofany indebtedness for the facility, any final action of a board, commission oradministrator authorizing ordirecting employees to proceed with final design, permitting orconstruction ofthe project, or anyAttachment 3.1, pg. 15
approval needed for any facility that is dependent on the completion ofthe regionally significant project. (ii) To help assure timely disclosure, the sponsor ofany potentially regionally significant project shall disclose to the MPO annually on or before July 1. (iii) In the case ofany 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 notto be included in the regional emissions analysis supporting the currently conforming TIP's conformity determination and notto be consistent with the motorvehicle emissions budget in the applicable implementation plan, for the purposes of40 CFR §93.121 OAR 

### 340 252 022(f. 

### (.ISh) In non-metropolitan areas, exsefJt Grants Pass, any state or local transportation agency, ortransit agency shall disclose regionally significant projects to Oregon Department ofTransportation OOOT in a timely manner. (i) Such disclosure shall be made not later than the first occasion on which any ofthe following actions is sought: adoption or amendment ofa localjurisdiction's transportation system plan to include a proposed project, the issuance ofadministrative permits for the facility or for construction ofthe facility, the execution ofa contract for final design or construction ofthe facility, the execution ofany indebtedness for the facility, any final action ofa board, commission or administrator authorizing or directing employees to proceed with final design, permitting or construction ofthe project, orany approval needed for any facility that is dependent on the completion ofthe regionally significant project. (ii) To help assure timely disclosure, the sponsor ofany potentially regionally significant project shall disclose to Oregon Department ofTransportationOOOT 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, ortransit 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 ofthe fol.IGwing actions is sought: adofJtion or amendment ofa localjurisdiction's transfJortation system fJlan to inslude a fJFOfJosed fJrojest, the issuance ofadministrative fJermits for the facility or for construction ofthe facility, the execution ofa contract for final design or sonstrustion ofthe facility, the execution ofany indebtedness for the facility, anyfinal action ofa board, commission or administrator authorizing or directing emfJloyees to fJFOseed '.'lith final design, fJermitting or construction ofthe fJrojest, or any afJfJroval needed for any facility that is defJendent on the comfJletion ofthe regionally signifieant fJroject.Attachment 3.1, pg. 16 

## fiji To help assure timely disolosure, the sponsor ofanypotentiallyregionallysignil'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 ofthe Department of Environmental Quality, the Lane Regional Air Protection Agency, or any other regional air authority agencywith the responsibility for preparing or revising a State Implementation Plan, exceptfor administrative amendments or revisions, to initiate the consultation process by notifying other participants and convening a working group made up of representatives ofeach affected agency in the consultation process including representatives ofthe public, as appropriate. Such working group shall be chaired by a representative ofthe 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 ofdecision on the final SIP, and shall prepare all review drafts of the final SIP, the emissions budget, and major supporting documents, or appointthe representatives or agencies that will prepare review such drafts. Such working group shall be made up ofpolicy level officials, and shall be assisted by such technical committees or technical engineering, planning, public works, air quality, and administrative stafffrom 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 oramendment ofan implementation plan shall include meetings ofthe working group at regularly scheduled intervals, no less frequently than quarterly. In addition, technical meetings shall be convened as necessary. (C) Each lead agencywith 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) ofthis 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 ofeach 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 ofthe record ofany decision or action. (D) The working group may appoint subcommittees to address specific issues pertaining to SIP development. Any recommendations ofa subcommittee shall be considered by the working group.Attachment 3.1 , pg. 17
(E) Meetings ofthe working group shall be open to the public. The agency with the responsibility of preparing the SIP shall provide timely written notification ofworking group meetings to those members ofthe 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 underthis 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 consultwith the United States Environmental Protection Agency-EAA and the United States Department ofTransportationUSDOT. 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 ofthis 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-KeizerArea 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 ofthis rule shall establish a standing committee to meet the requirernents ofthis rule. (C) The standing committee shall hold meetings at least quarterly. The standing committee shall make decisions by majorityvote. (D) The standing committee shall be responsible for consultation on: (i) Determining which minor arterials and othertransportation 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 orextensions 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 ofTCMswhich 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 considerwhether 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 ifthe project is not strictly "included" in the TIP for the purposes of MPO project selection orendorsement, 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 mannerwhich would significantly impact use ofthe facility; (viii) Determining whether the project sponsor or MPO has demonstrated that the requirements ofO,.\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 oftransportation 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 Part450; and (xvi) Notification oftransportation plan orTIP 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 ofeach standing committee, or his/her designee, shall set the agenda for all meetings. The chair ofeach 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) ofthis rule. (F) Such standing committees shall begin consultation meetings early in the process of decision on the final document, and shall review all drafts ofthe final document and major supporting documents. The standing committee shall consult with EPA and USDOT. (G) The MPO shall conferwith the standing committee and shall consult with all other agencies identified under subsection (1)(c) ofthis 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 ofeach such agency. The MPO shall provide draft conformity determinations to standing committee members and shall allow a minimum of30 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 ofthe record ofany decision or action. (H) The standing committee may, where appropriate, appoint a subcommittee to develop recommendations for consideration by the full.committee. (I) Meetings ofthe standing committee shall be open to the public. The MPO shall provide timely written notification ofstanding 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, orany other party responsible for developing Transportation Control Measures, shall consultwith 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 ofTransportation shall facilitate a meeting ofthe affected agencies listed in subsection (1)(c) ofthis rule prior to making conformity determinations to: (i) Determine which minor arterials or othertransportation 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 existfor any reason; (iv) Make 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 considerwhether 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 PM 10 or PM;u; hot-spot analysis; (vi) Confer on the forecast ofvehicle miles traveled, and any amendments thereto; (vii) Determine whetherthe 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 orcontrol 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 TransitAdministrationFHVVA/FT/\ projects, including projects forwhich alternative locations, design concept and scope, orthe 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 oftransportation plan orTIP 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) ofthis rule, the Rogue Valley Council of Governments shall be responsible for facilitating a meeting ofthe affected agencies listed in subsection (1)(c) ofthis rule prior to making conformity determinations for Grants Pass, Oregon for the purpose ofconsulting on the items listed in paragraph (2)(d)(B) ofthis rule. (CG) The Oregon Department ofTransportation, or the Rogue Valley Council of Governments (RVCOG) in Grants Pass, shall consult with all other agencies identified· under subsection (1)(c) ofthis 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 ofeach 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 ofthe record ofany 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 ofthe 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.:) Ifno 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) ofthis rule. (EG) The meetings required by paragraphs (2)(d)(B)&(C) ofthis rule may take place using telecommunications equipment, where appropriate. (e) An MPO or Oregon Department ofTransportation ODOT shall facilitate an annual statewide meeting, unless otherwise agreed upon by Oregon Department of TransportationODOT, Oregon Department of Environmental QualitvGEQ and the MPOs, ofthe affected agencies listed in subsection (1)(c) to review procedures for regional emissions and hot-spot modeling. (A) The members ofeach agency shall annuallyjointly 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 ofTransportation ODOT shall facilitate a statewide meeting of parties listed in subsection (1)(c) ofthis rule to receive comment on the United States Environmental Protection Agency€AAguidelines on hot-spot modeling, to determine the adequacy ofthe 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€AARegional Administrator with the concurrence of Oregon Department ofTransportation ODOT. Oregon Department ofTransportation ODOT may make recommendations for improved hot-spot modeling guidelines to the United States Environmental Protection Agency€AARegional Administratorwith the concurrence ofthe 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 ofTransportationODOT shall determine whether the transportation modeling procedures are in compliance with the modeling requirements ofOAR 

### 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-SpotAnalyses 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 TransitAdministration**~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 TransitAdministration**~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) ofthis rule, or the Federal Highway Administration and Federal Transit Administration FHI/V,IVFTA shall provide the new information tothe agencies listed in subsection (1)(c) ofthis rule for review and comment. Where the Federal HighwayAdministration 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 underthis rule (including any Federal agency) shall provide each final documentthat is the product of such consultation process, togetherwith all supporting information that has not been the subject ofany previous consultation required by this rule, to each other agency that has participated in the consultation process within 14 days ofadopting orapproving 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 ofsuch supporting information, in lieu ofgenerally distributing all supporting information. (h) It shall be the affirmative responsibility ofthe agency with the responsibility for preparing a transportation plan orTIP 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 ofdecision 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 ofconSUltation required by this rule ifthe conformity consultation purpose is identified in the public notice for the meeting.Attachment 3.1, pg. 24
(j) It shall be the affirmative responsibility ofa project sponsor to consultwith the affected transportation and airquality 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 ifthe conflict cannot be resolved by the heads ofthe involved agencies. In the first instance, such agencies shall make every effort to resolve any differences, including personal meetings between the heads ofsuch agencies ortheir policy-level representatives, to the extent possible. (b) A State agency, regional air authority, or MPO has 14 calendar days to appeal a determination ofconformity, SIP submittal, or other decision under this division, to the Governor after the State agency, regional air authority, or MPO has been notified ofthe resolution ofall comments on such proposed determination ofconformity, SIP submittal, or decision. Ifan appeal is made to the Governor, the final conformity determination, SIP submittal, or policy decision must have the concurrence ofthe Governor. The appealing agency must provide notice ofany appeal underthis subsection to the lead agency. Ifan action is not appealed to the Governorwithin 14 days, the lead agency may proceed. (c) The Governor may delegate the role of hearing any such appeal underthis section and ofdeciding whether to concur in the conformity determination to another official or agency within the State, but not to the head or staffofthe State air quality agency or any local airquality agency, the State department oftransportation, a State transportation commission or board, the Environmental Quality Commission, any agency that has responsibility for only one ofthese 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 atthe beginning ofthe 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 CFR450.316(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 ofOregon Clean AirAct 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 ofTransportation Plans (1) Transportation plans adopted after January 1, 1997 in serious, severe, or extreme ozone nonattainment areas and in serious carbon monoxide nonattainment areas. Ifthe 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 pllrsuantto 

### 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) Ifthe attainmentyear is in the time span ofthe transportation plan, the atlainrnem year must be a horizon year; (0) The last horizon year mllst be the lastyear ofthe transportation plan's forecast 

## flC-Fie4 (b) Forthese horizon years:**~I\)** The transportation plan shall quantify and documentthe demographic and employmentfaotors 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 ofthe regionally significant additions or modifications to the existing transportation networkwhich 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 designAttachment 3.1, pg. 26

scope to allo'.'.' modeling oftravel times undervarious traffic volumes, consistent with the modeling methods for area wide transpElflation analysis in use by the MPO. Transit facilities, equipment, and services envisioned forthe 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) Otherfuture 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-greaterthan 200,000 must meetthe requirements ofsubsection (1)(a)'ofthis rule withifl.-two years from the date of reclassification. (3) Transportation plans for other areas. Transportation plans for other areas must meet the reqUirements ofsubsection (a) ofthis section at leastto the extent it has been the previous practice ofthe 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 ofthis section sU[lplement other requirements of applicable law or regulation governing the format or content oftransj3ortation plans.
Timeframe 

### ofConformity Determinations Any election by an MPO to shorten the limeframe ofa conformity determination under 40**CFR..!~3.1**06(d) requires approval ofthe Department of Environmental Quality orthe Lane Regional Air Protection Agency, as applicable. A shortened timeframe may be appropriate, for example, when projected future emissions fail to meet a MotorVehicle Emissions Budget (MVEB) due to calculation methods that are inconsistentwith 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 ofOregon 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 340-020-0770Attachment 3.1, 

### pg. 27**~** 262 0080 Relationship-ofTranspoFtatien 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 projectwith design Goncept and scope significantly different from that in the transportation plan orTI P, the projeGt mblst meet the criteria in GAR 340 252 0100 throblgh 340 252 0200 for projects notfrom a TIP before NEPA process completion. [NGTE: This rule is included in the State ofOregon Clean AirAct 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 forTransportation 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 ofOregon Clean AirAct 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 

### 3402520100Attachment 3.1, pg. 29

Criteria and Precedures feF-Geterminiflg-CGRfermity efTranspertatien 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 offunds 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 ofeourt 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 ofthe implementation 

### f)Ian-, (2) Table 1 indicates the criteria and proeedures in OAR 340 252 0110 through 340 252 0200 whieh apply fortransportation plans, TIPs, and FHVVAWTA projeets. Seetions (3) through (6) ofthis rule explain-wlle-R-the budget, emission reduction, and hot spot tests are required for each pollutant. Section (7) ofthis 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) ofthis 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 nonattainmentand 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 fortransportation conformity purposes; or (13) After EPA has declared that the motorvehicle emissions budget in a submitled £entreIstrategy 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 34Q252 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; orAttachment 3.1, pg. 30
(B) If EPA has declared the motorvehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan inatle€!uatefor transportation conformity purposes, and there is no**previo~sly** establisiled motorvehicle emissions budget in the approved implementation plan ora 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, iftile implementation plan or plan submission tilat is applicable for the purposes ofconformity determinations is a 15% plan or Pilase I attainment demonstration that does not include a motorvehicle emissions budget for 00*. The implementation plan '

....ill be considered to establish a motorvehicle emissions budget for NOx ifthe implementation plan or plan submission contains an explicit**~jO.** motorvehicle emissions budget that is intended to act as a ceiling on future NO. emissions, and the NOxmotorvehicle 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 ofthe 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 motorvehicle emissions budget(s) (as described in subsection (J)(a) ofthis rule). {e) Notwithstanding subsections (J)(a) and (3)(b) ofthis rule, moderate and above ozone nonattainment areas with three years ofclean data that have not submitted a maintenance plan and that EPA has determined are not subjeet to the Clean AirAct reasonable further progress and altainment demonstration requirements must satisfy one ofthe 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 motorvehicle emissions budgets in the submitted control strategy implementation plan (subject to tho timing requirements ofsubseotion (J)(a) ofthis rule); or (C) The budget test as required by OAR 340 252 Q1 gQ, using the motorvehicle emissions of ozone precursors in the most recent year ofGlean data as motorvehiele 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) ofthis rule that are required to ee salisfied at all times, in COAttachment 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-thatthe motorveR-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) ofthis 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 motorvehiole emissions blldget in the approvpd implementation plan ora previously submitted control strategy imj3lementation planrevision 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 ofthe following**requirem~** 

### (i\) The emission reduotion tests required by OAR 340 252 0200; or (8) The State shall sllbmitto 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 motorvehicle 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) ofthis rUllHhat are reqllired to be satisfied at all times, in PM

### w 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 PM

### w nonattainmentand 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 motorvehicle 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 motorvehicle 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 motorvehicle emissions blldget in the approlled implementation plan or a previollsly sllbmilted conlrol strate§y implementation plan revision or maintenanse plan; or (C) Ifthe 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) ofthis 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§ettest 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 motorvehiole 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 orTIP 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 ofOf\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 of340252 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 Gonsistentwith motorvehicle emissionsAttachment 

### 3.1, pg. 

### 34
budget(s) fur the years in the tirnefrarne ofthe attainffleRt dernoostratioFt-Gf maintenance plan. For years aftefthe atlainment-year (if a maintenance plan has net been submitted) or afterthe lastyear ofthe maintenance plan, FHVVNFTA projects FAust satisfy one ofthe 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 airqlolality 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 ofthe statewide transportation plan, mlolst not calolse orcontriblolte to-a new violation ofany standard in any areas; increase the frequency or severity ofany B*isting violation ofany standard in any area; or delay timely attainment ofany 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) ofthis wle and the methodology IoIsed to meetthe reqlolirements of paragraph (7)(b)(S)(iii) ofthis rlolle must be determined threlolgh the interagency conslolliation process retllolired in OAR 340 2132 0060(2)(d)(S)()ciii) through which the relevant recipients oftitle 23 U.S.C. or Federal Transit La

.....s fllnds, thelDcal air qllalityagency, tho State air quality agency, and the State departmentoftransportation 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 ofOregon Clean AirAct Irnplernentation Plan as adopted bythe 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 PlanningAssumptionsAttachment 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 ofthe oonformity determlnation. The oonfoFmity determination must satisfy the requirements of seGtions (2) through (6) ofthis rule. (2) Assumptions must be derived from the estimates ofourrent and future populatien, emplGyment, traveJ,and Gongestion most recently developed by the MPO or other agency authorized 

### \0 make suoh estimates and approved Ilythe 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 abolittransit 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 ofthe 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 ofOregon Clean AirAct 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 ifthe most OUfF-e-nt version ofthe 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 motorvehicle 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 ofavailability is PlJblished in the Federal Register. (b) The length ofthe grace period 'Nill depend on the degree ofchange in the model and the scope ofreplanning likely to be necessary by MPOs in order to assure conformity. If the grace period will be longerthan three months, EPA 

### '.viii announce the appropriate grace period in the Federal Register. (3) Transportation plan and TIP conformity analyses forwhich the emissions analysis was-begun during the grace l3eriod or before the Federal Register notice ofavailability ofthe latest emission model-may-continue to use the previous version ofthe-medehConformity determinations for I3rejects may also be eased on the previous model ifthe attaIysis was begun during the grace peried ofbefore the Federal Register notice ef availability, and ifthe final environmental document for the I3reject is issued no mere than three years after the issuance ofthe draft environmental document.**[NOT~:** This rule is included in the State ofOregen Clean AirAct 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 of23 CFR part 450.**[NOT~:** This rule is ineluded in the State ofOregon 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,.035Attachment 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 offunds underTitle 23 U.S.C. which is not from a conforming plan and TIP must provide for the timely imf*orneAtation ofTCMs from the applicaBle iFRfllementation fllan. (2) For transportation plans, this criterion is satisfied ifthe following 1\'.'0 conditions are mot-; (a) The transportation plan, in descriBing the envisione€l-futuretransportation system, f}fG\fides for the timely completion or implementation ofall TCMs in the applicaBle implementation plan which are eligiBle for funding undertitle 23 U.S.C. orthe Federal Transit Laws, consistent 'Nith schedules included in the applicaBle implementation plan. :r-imely implementation ofTCMs which are not-eli§il3le for funding underTitle 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 ofany TCM in the applicaBle implementation plan.**~r** TIPs, this criterion is satisfied ifthe following conditions are met: (a) An examination ofthe specific stops and funding source(s) needed to fully implement each TCM indicates that TCMs '

....hich are eligiBle for funding undertitle 23 U.S.C. or the Federal Transit Laws are on or ahead ofthe schedule estaBlished in the applicaBle implementation plan, or, ifsuch 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 ofthe TCMs have Been identified and have Been or are Being overcome, and that all State and local agencies with influence over approvals or funding ofTCMs are giving maximum priority to approval orfunding ofTCMs 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 undertitle 23 U.S.C. or the Federal Transit Laws is required where atlainmOfl-!-Gf maintenance ofa standard is jeopardized. (b) IfTCMs 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 ifthe funds intended for those TCMs are reallocated to projects in the TIP other than TCMs,Attachment 3.1, pg. 38

or ifthere are no otherTCMs in the TIP, ifthe 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 interferewith the implementation ofanyTGM in the applicable implementation plan. (4) Por PHWAlFfA projects and regionally significant projects approved or adopted by a recipient offunds under Title 23 U.S.C. which are notfrom a conforming transportalion plan and TIP, this criterion is satisfied ifthe [lroject does not interfere with the implementation ofany TCM in the applicable implementation**~** {NOTE: This rHIe is included in the Slate ofOregon 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 orTIP may exist in an area at any time; conformity determinations ofa [lrevious trans[lortation [llan orTIP Olcpire ence the current plan or TIP is found 

### 10 conform by DOT. The oonformity determination on a transpertation plan orTIP '

....ill also lapse ifconformity is not determined aooording to the freEjuency reEjuirements ofOAR 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 ofthis division are satisfied. [NOTE: This rule is included in the State ofOregon Clean AirAct 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 0850Attachrnent 3.1, pg. 39


### 340 2520160 Criteria and Procedures: Projects from a Plan ana.-:r-IP**(~**

### ) sal pro . Ian and program. IfIhis oriterion is not The project mblst come fro.m

# ?**con~~i: ~able** **~** ofOAR 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) ofthis m a oonforming IranspOFlation plan

# I.~**I~::t~t~h~ req~irements**  ofsectien (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 section (4) ofthis rblle. (2) . t oftaOOn plan ifone ofthe 

### I\ project is**consider~d** to be from a oonformlngransp following 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 satisfy 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 Ihe olicies and pllrpose of Ihe transpo a Ion p Proj:cls specifically incillded in tRe transporlatlon plan.

. . (3) A projecl is considered 

### 10 be from a conforming program iftRe follo'

....ing Gondilions are met: ( I . . TIP and tRe design Goncept and scopeof a) The projeGI is incillded In the

## confor~~gTIP conformity determination 

### 10 delermlne ihe 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) IfIhe 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 ofthe 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 ofOregon 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


### 34g 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 offunds undertitle 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 ofany 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 ofexisling violations 

### 'N4l1-oot-b-e increased as a result of-tAe project. The demonslration musl be performed according to the consultation re(Juiremenls ofOl>,R 340 252 0060(2)(e) and lhe methodology re(Juirements of340 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 of340 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 ofthe project. {NOTE: This riolle is included in lhe State ofOregon Clean AirAcllmplementalion 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 MeasuresAttachment 3.1 , pg. 41**~VV/\IFTA** project and any regionally significant project approved or adopted by-a recipient offunds binder Title 2;! U.S.C. mblst comply with PM;.g control meaSbires in the awlicable implementation plan. This criterion is satisfied ifthe pfOje.ct level conformity determination contains a written commitment from the project sponsor to inclblde the final plans, specifications, and estimates forthe 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 ofOregon Clean AirAct 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 notfrom a conforming transportation plan and TIP mblst be consistentwith the motorvehicle 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 ofthe pollutants or pollutant precursors described in paragraph (c) ofthis section are less than or equal to the motorvehiole emissions budget(s) establish€d in the applicable implementation plan or implementation plan submission. (2) Consistency INith the motorvehicle emissions bbldget(s) must be demonstrated for each year for 'Nhich the applicable (and/or Slolbmitted) implementatioR-j:)lan specifically establishes motorvehicle emissions budget(s). for the last year ofthe 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 attainmentyear) for 

### '.'IIhiGh the control strategy implementation plan revision establishes motorvehicle emissions btldget(s) must be less than or equal to that year's motorvehicle emissions budget(s); afl€I 

### (13) Emissions in years for which no motorvehicle emissions budget(s) are specifically established must be less than orequal to the motorvehicle emissions budget(s) established for the most recent prior year. For**eJ(am~e,** emissions in years afterthe

### 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 motorvehicle emissions budget(s) for the

# at!ain~ e tbJ-When a maintena U\)**E~issions** 

### must be less than or equal to the motorvehicle emissions bud established for the last year

# ?fthe maintenance plan, and for any other

# yearsg~tJ.icR**t~e ~alRtenance**  

### pla.n establishes molorvehicle emissions budgets. Ifthe maintenance ian, oes nol**esta~lIsh** 

### motorvehicle emissions budgets for any years other Ihan the**,~styear** 

### ofth? maintenance plan, the demonstration of consistency with the motor

### ~:h;~~o~:~~=il::~,,:~f::~:~:~st bet

### ~:c~~panied bya qualitalive finding that there are

.. n**~~ ~r** **con'FI~u-e** 

### -0 a ne'" "101 

### f il violation

# ~n the years before the lastyear 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 ofthe maintenance plan emissions must be I :::

# equ~1

# :0 the maintenance plan'smotorvehicle

# emissi~ns budget(s) for the

# ~:~**~~::.m**

e main enance plan; and

## ~ ( 

### IC)If**~n** 

### afltrOVed control strategy implementation plan has established motor "ehicle emissions udgets for years in the timeframe ofthe 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 motorvehicle emissions budget(s) must be demonstrated for each**p~IIutant** 

### or pollutantprecursor in OAR 340 252 0020(2) for "'hich the

.. oonattamme.nt or

# mainten~nc? and for which the applicable imple:entation

# a~::**I~;n** mplementallon plan submiSSion) establishes a motorvehicle emissions bUd:el. ( i 

### (4)**Co.nsiste~cy.**

### with the motorvehicle 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

e ransp?rt.atlon I3lan prOVided they are not more than ten years apart and ro"ided th 

### tRe

# analysl~ IS performed for the attainment year (if it is in the timeframe oft:e •**ror:h.or~atlon ~I:n)**  

### anti.the last year.ofthe plan's forecast period. Emissions in years tra IC consls ency-lll'lth motorvehicle emissions budgets must be demonstrated, asAttachment 3.1, pg. 43

fe€lWFe€Hnsection (2) ofthis rule, may be determined by intOfJ3Slati-Afj-beW.'Oen the years for which the regional**emissi~&flerformed.** (5) motorvehicle emissions budgets in submitted control strategy...implementation plan revisions and submitted maintenance plans. (a) Consistency-with the motorvehicle 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 motorvehicle emissions budget(s) inadequate for transportation con.formity purposes). Howev-ef; submitted implementation plans do not supersede the motorvehicle emissions budgets 

### in approved implementation plans for the period ofyears addressed by the approved implementation plan. (b) If EPA has declared an implementation plan submission's motorvehicle emissions butlget(s) iflad.equate for transportation conformity purposes, the inadequate budget(s) shall not se used to satisfy the requirements ofthis seotion. Consistenoy '

....ith the 

### f)fOVieusly established motorvehicle-em1ssiGns sudget(s) must be demonstrated. If there are no previous approved implementation plans or implementatioll-i*m susmissions 'Nith motorvehicle emissions budgets, the emission reduction tests required sy OAR 

### 340 252 0200 must be satisfied. (c) If EPA declares an implementation plan submission's motorvehicle emissions budget(s) inadequate for transportation conformity purposes more than 

### 45 days after its submission to EPA, and conformity ofa transportation plan orTIP 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) EPAwill not find a motorvehicle 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 herdesignee) 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 togetherwith 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 motorvehicle 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 documentany 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 ofa submitted motorvehiole emissions blJdget, EPAwillrevie'.'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 ofSlJch comments and responses in a letterto the State indicating the adeqlJacy ofthe slJbmitted motorvehicle emissions blJdget. 

### (f) VVhen the motor vehicle emissions blJdget(s) lJseEi to satisfy the reqlJirements ofthis section are established by an implementation plan slJbmittal that has notyet beeR approved or disapproved by EPA, the MPO and DOT's conformity determinations will be deemed to be a statement thatthe MPOanEi DOT are not aware ofany information that WGlJld indicate that emissions consistentwith the motorvehicle emissions blJdget will calJse or contriblJte to a new violation ofany standard; increase the freqlJency or severity ofany existing violation ofany 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 ofOregon Clean AirAct 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 349 252 Q.2O.O Criteria and Procedures: emission Reductions in Areas 11Vithout MotorVehicle emissions BudgetsAttachment 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 ofthe action ftFaRsportation plan, TIP, or-J*Oject notfr(jfF1 a**con~** transportation plan and TIP) on motorvehicle 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 1B2(b)(1) and in moderate '

....ith design value greaterthan 12.7 ppm and serious CO nonatlainment areas ifa regional emissions analysis that satisfies the requiremeffis-e.f OAR 340 252 0230 and sections (5) through (B) oftRis-rule demonstrates that for eaGit analysis year and for each ofthe pollutants described in section (4) ofthis 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 ofG/\/\ section 182(b)(1); and moderate witA-designvalue-le-ss than 12.7 ppm and below GO nonallainment areas ifa regional emissions analysis that satisfies the reE{uirements of O/\R 340 252 0230 and sections (5) through (8) ofthis rule demonstrates that for each analysis year and for each ofthe pollutants described in seotion (4) ofthis rule, one ofthe 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 ofdeveloping 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 ifthe EP/\ Regional Administrator orthe director ofthe 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 NOaareas. (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 ofa transportation plan's forecast period must also be an analysis year. (6) "Baseline" scenario. The regional emissiens analysis required by sections (2) and (3) ofIhis mle mllst estimate the emissions that 'IIollld resllit from the "Baseline" scenario in each analysis year. The "Basoline" scenario mllst be dofined for each ofthe 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 ofall regionally significant projects, regardless offunding semce, wRich are cllFFently underconstrllctien or are undergoing rigRt ofway acquisition (exceflt for hardship acqllisitien and protective buying); come frem the first year ofthe 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) efthis rule mllst estimate the emissions tRat 'Nollid result from the "/\ction" sconario in each analysis year. The "Action" scenarie must be defined for each efthe analysis years. The "Actien" scenarie is tRe transpertatien system that wOllld result from the implementation ofthe proposed action (transportation plan, TIP, er project notfrom 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 fremAttachment 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 ofall 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, exceptthat regulatory TCMs may not be assumed to begin at a future time unless the regulation is already adopted by--tllB enforcingjurisdiction 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 lastconfofmity determination; (d) The incremental effects ofany travel demand management prog.rams and transportation systemmanagement activities known to the MPO, but not included in the applicable implementation plan or utilizing any Federal funding or approval, which were adopted 

### andlorfunded prior to the date ofthe last conformity determination, butwhich have been modified since then to be more stringent or effective; (e) Completion ofall expected regionally significant highway and transit projects 

### wfliffi are notfrom a conforming transportation plan and TIP; and 

### (f) Completion ofall 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. Forthe regional emissions analysis required by sections (2) and (3) ofthis rule, ifthe project which is not from a conforming transportation plan and TIP is a modification ofa project currently in

. the plan orTIP, the "Baseline" scenario must include the projectwith its original design concept and scope, and the "Action" scenario must include the projectwith its new design concept and scope. [NOTE: This rule is included in the State ofOregon Clean AirAct 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/\.035Attachment 

### 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 ofControl Strategy Implementation 

### Plan Failures (1) Disapprovals. (a) If EPA disapproves any submitted oontrol strategy implementation plan revision (witH orwithout a proteotive finding), the oOflfOffflil-y status ofthe transportation plan and TI-FL shall lapse on the date that highway sanctions as a result ofthe disapproval are 

### imj:JGSeG-oo the nonattainment area undersoction 179(b)(1) ofthe 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 EPAdisapllroves 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 ofthe 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 motorvehicle 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, pursuantto OAR 340 252**~** (c) In disapproving a control strategy implementation plan revision, EPAwould 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 ofthe State's failure to submit a control strategy imillementation Illan or submission ofan incomillete control strategy implementation Illan revision (either of which initiates the sanction Ilrocess under CAA sections 179 or 11 O(m)),the conformity status ofthe 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) ofthe CAA,., unless the failure has been remedied and acknowledged ey a letterfrom 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 ofa State failure, the conformity lapse imposed by this section because ofthat State failure is removed. {NQ+E.....;..TRis-fIJie-is-iflBluded in**t~tate** ofOregon 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 forAdoption orApproval of Projects 

### by Other Recipients of Funds Designated underTitle 23 U.S.C. orthe Federal Transit laws (1) Except as provided in section 2 ofthis rule, no recipient of Federal funds designated llndertitle 

### 23 U.S.C. orthe Federal Transit Laws shall adopt or approve a regionally significant highway ortransit project, regardless offllnding SOllrce, unless the recipient finds that the reqllirements ofone ofthe 

### fGl-le'

....ing are met: (a) The project was included in the first three years ofthe 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 ifthe project>.vere implemented (consistent with the requirements ofOAR 

### 340 252 0190 and/or 

### 3402520200 for a project notfrom 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 offllnding souroe, unless the reciflient finds that the requirements ofone 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 ofthe 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 ifthe project WQfe implemented (consistent with the requirements ofOAR 

### 340 252 0190 and/or 

### 340 252 0200 for projects notfrom 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 ofOregon Clean /\irAct 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, butvehicle miles traveled (VMT) from suoh projects mlfS!.-ge estimaled in aooordance '.'lilh reasonable professional practioe. The effecls ofTCMs 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. IftheAttachment 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;"**Ihe emissions analysis**~** emissions reduction credit. (c) Emissions reduction credit from project5,fJrograms,oractivities '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 motorvehicle emissions budget(s) for the purposes of OAR 340 252 0190 contains-a-writ!en commitment 

### 10 the project, program, or activily 

### by Ihe agencywith authority-to-implement it; Of (D) EPA has approved an opt in to a Federally enforced program, EPA has promulgaled the program (ifthe 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 orderto 

### 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 ofsuch commitments. (B) The conformity implementatiofl-f}lan revision reqllired in40 CFR 51.390 must provide Ihatwritten commitments to control measures that are nOHncluded in the transportation plan and TIP must be obtained prior to a conformity determination and thatsuch commitments must be fulfilled. (e) A regional emissions analysis for the purpose ofsatisfying the requirements ofOAR 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 ambienttemperatures used for the regional emissions analysis shall be consis!ent-with those used to establish the emissions budget in the applicableAttachment 3,1, P9, 52
implementation plan, All other faotors, for example the fraotion oftravel 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 ofsubseotions (2)(a) throllgh (c) efthis rule iftheir 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, ifpossible) for a base-year that is not more than 10 years priorto the date of the conformity determination, Model forecasts must be analyzed for reasonableness and compared to historical trends and otherfactors, 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 forwhich 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 linkvolumes 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 oftransit cllrrently isAttachment 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 mannerthat is sensitive 

### 10 the estimated lfO!u.me oftravel 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 ofVMT 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 ofthe 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 ofOAR 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 meetthe reEluirements in sections (3)(b) and (0) ofthis rule. (b) Procedures '

....hioh satisfy some or all ofthe requirements ofsection (2) ofthis rule shall be. used in all areas not subjeot to section (2) ofthis 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 ofthe 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 otherappropriate prooedures, to assign the full speotrum ofvehioular 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 ofussional praGlireeither quantitatively or qualitative.J'f,- pr

. (" 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, (F)

# SOfu~ar\or

# 0:::**,:::C;::i:~::::~yd~:e:~f::eG:~:!~t~:::~~~n:ob~S::s~:::twe-rk** flows**an~** ·In- spe , , traffiG; (G) Sofu.'.'are, or other appropriate procedures, to accountfur additional "off model" ransportation emissions; and t (H) estimates offuture land uses suffiGient 10 allow projections offuture 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 big

# 'iale~ '''ith high'Hay and transit projecl Gonstwctlon are not requlreoe**aSSOG···-~~** H" • 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 andshall a.CGOuRt fur.the le',:el

## ~f**con~tr~Gtlo~a~c ~n~'** thee

## d~st

# ;mdu'c1n; capacity ofthe 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 ofthe transpo a Ion p yonformity determination; andAttachment 3.1, pg. 55 (C) The design sonsept and scope of eash regionally sign#i€affi.projestin the TIP is not significantly differentfrom 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 ofOAR 340 252 019G-er 340 252**~ditional** regional emissions analysis ifallosating 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 ifthe 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 ofthe transportatiOfl-plan's conformity determination, and the design consept and ssope ofthe projest is not signifisantly differentfrom that described in the transportation plan. Written Commitments
ruin accordance with 40 CFR 93.122(a)(4)(ii), priorto making a conformity determination on the transportation plan orTIP, a Metropolitan Planning Organization or the Orogon Department ofTransportation may not include emissions reduction credits from any control measures that are not included in the transportation plan orTIP and that do not require a regulatory action in the regionalemissions analysis unless the Metropolitan Planning Organization, Oregon Department ofTransportation or Federal HighwayAdministration/Federal Transit Administration obtains written commitments, as defined in 40 CFR 93.101, from the appropriate entities to implementthose 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 HighwayAdministration/Federal TransitAdministration must obtain from the project sponsor or operatorwritten commitments, as defined in 40 CFR 93.101, to implement any project-level mitigation or control measures in the construction or operation ofthe project identified as conditions for NEPA process completion. The written commitments to implementthose projectlevel mitigation or control measures must be fulfilled by the appropriate entities. Prior to making a conformity determination on the transportation plan orTIP a Metropolitan Planning Organization or Oregon Department ofTransportation 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 ofOregon 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 PM

### w 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 ofsites wfliofl are identified in tfle applioable implementation plan as sites ofviolation or possible vielation; (8) Por projeots affooting interseetions tflat are at Level of Servioe D, E, or P, ortflose tflatwill 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 oftfle 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 ofthe top tflree interseotions in the nonattainment or m.aintenanoe area witH-tIle-1Alorst level ofservioe, as identified in tfle aw-Hoable implementation plan. (b) In oases otflerthan those desoribed in subseotion (1)(a) ofthis 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, ifthis oan provide a olear demonstration that the requirements ofOAR 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 ofsites with verifies violations (including sites near one at '''''hich aviolation has been monitored); and (C)**~Jew** or expaooed bus and rail terminals and transfer points 'IIhicil-iffcrease-#!e fltlffiber ofdiesel 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 ofthe sites described in paragraphs (2)(a)06,) and (2)(a)(B) efthis 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 ofvarious terminal sizes, configuratioo-s, and activity levels. 

### (d) The requirements for quantitative analysis contained in this section (2) will nottake 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** ofthe project, summed togetherwith 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 spotAnalyses 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 offuture 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 MotorVehiole E . . mplementation Plan

## s:~~~~Os~:~Ud§et in the Applical:Jle Impleme

.



### ,,'"

.." DOT', ",

# ,m',,',' """,'''',,,'am,,,""

# "",,",m,,',,'",.",,,. 

# ,m',,""'"" ","""""

# ~':""10<

# ",Iooo'~.",",,"',walla",

.. ", ' ens, ThiS aflfllies ' ,Ig erthan the im Ie

# ~?ses, the MPO er OD

# ~WW'llh-ltiO;Rh-d"m'''.. '' ""

# :.::~,:::,'"''**a,,""'~**,':::::::i'"''

# "lImale ,f

# ~i::"Y ementatlen efoentrel m a len plans, eF sul:Jmissi easures In the imnl ens,

eroenllnued maintenanoe (a) EmiS:':

# ::::~:=::::::~:~:t!~~Iis€;.im1-&1that-w~,..we~m,.~entatlen slens frem all seur ' oensistent with a re' oes wllIl:Je less than th qUlred demenstFatien efan

## em~ te,tal emissiens that "'euld 13

HneeeedEl<e91d;l-kte demenstrate attain:I::t In the

# attainmentde:~~i::n,t flrier

,te tho attainment 

### (G)

# Em'"'' '" ,."WI" "

# "~_, ""
ens wllIl:Je lewerthan 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 ofthis safety margin to highway and transit mohlle sourcos for the Pblrposes ofoonformity. Sbloh a SIP-fevision, onoe it is efl4or-Ge€Wlythe Governor and has been sblbjeot to a pblblio hearing, may be blsed for the purposes oftransportation 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 motorvehides and other SOblroes, unless the implementation plan establishes mechanisms for sblch trades. (4) Ifthe applioable implementation plan, or imftlementation plan sblbmission, estimates Mblre emissions by geographic sblbarea ofthe 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) Ifa 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 ofOregon 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 operatorwrillen oommitments 

### 10 implement in the oonstruotion ofthe pr-Bjeot and operation ofthe**~** 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 byAttachment 3.1, pg. 60

.. Gl et") anGl 340 252 020? sectioAs O/>.R 34Q 2. "'ithout motorvehlole emlssl 52 Q190 ("motorvehicle 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 t ·tigation measures I O

jeot sponsors voluntarilY t

# cO:;I~t:~'~h~h~'obligations ofsuoh oommitmen s.

# ~ Pr

. 

### f

# mus~oo~ h oonformity Gleiermlna Ions n h 

### /I provide that

. . . d· 4Q CFR 51.39" s a 

### "1""

. I nlation plan revIsIon reqUire Int Be oBtaineGl priorto 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) Ifthe MPO, ODOT or pr%rmity the project sponsor OF-fJP;it oan demonstrate that f\B-loflger neoessarj for oon 

### f 'ation or control measure I

.

## ~ its OBligation 

### 10 implementthem

# m~;ts of 01> R 340 252 0170,

# .emIS~ts of340 252 0200

. BI h t spot reqUire '.' Gluo!ion requlreme

. the applioa eo 52 0190 anGl emiSSion re Gl notifies the agencies requirements of3402 

### "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 AR 340 252 0190 anGl 340 2 fore thatthe 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. Act Implementation Plan

. he State ofOregon Clean "Ir "A

.340 200 QQ4Q.j [NOTE: This rule is ino.'UGleGllntt

# i 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 ofthe e uirements ofthis rule, hlgh

..ay ermine oonformity. Such

# .Notwithstan~ing :Ie

# ~t:~;**~x~mpt** from the

# reqUire~e:~~oa::!noe ofa oonformi.ng types listeGlIA Ta e o'''am implementation even In 'e listed in TaBle 2 ofthiS projects may prooeeddt T"IP A partiolollar aotion ofthle t

# tt~P "'.,th other agenoies Iolnder rt 

### f n plan

# an~ . > , 

### T

. onsuna Ion.. f h. h'''ay tran'spo a 10 t·fthe 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 ,ofa transit project) oonololr that It that exempt projeots p:oJeot) orthe 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 otherthan 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 ofsupportvehieles.
Rehabilitation oftransit vehicles/IAttachment 3.1, pg. 62

Purchase ofoffice, shop, and operating equipmentfor 8Jdsling faeiJitie&..
Purehase ofoperating equipment for vehiBles-(e.g., radios, fareboxes, lifts, ete.).
Construction or renovation of POWef, signal, and communieations systems. Construetion ofsmall passenger shelters and informatiofl-kiGSk&.-
Reconstruelion of renovation oftransit billidings and structures (e.g., rail or bus buildings, storage and maintenanee faeilities, stations, terminals, and ancillary struetures).
ReHabilitation or recof\Struetion oftraek struetures, track, and traekbed in existing right&- 

### of\'vay.
Purchase 

### of-Rew buses and rail ears to replace existing vehieles or for minor expansions ofthe 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 pursuantto titles 

### 23**an~'** Federal aid systems revisions.Attachment 3.1, pg. 63
Engineering to assess social, economic, and environmental effects ofthe proposed**a~natives** to that action.
NBise altenuatioFh Emergency or hardship advance land acquisitions 

### (23 CPR 

### 712 or 

### 23 CPR 

### 771). Acquisioon ofscenic easement&,

Sign removal.
Directional and informational**~igns.** Transportation enhancement activities (except rehabilitation and operation of historic transportation buildings, structures, or facilities}.- Repair ofdamage 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 AirAct 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 Exemptfrom Regional Emissions Analyses Notwithstanding the other requirements ofthis rule, hig-llway and transit projects ofthe types listed in Tabla 3 ofthis section are exempt from regional emissions analysis requirements. The local effects ofthese projects with respeet to CO or PMw concentrations must be considered to determine ifa 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 ofthe type lisled in Table 3 is not exempt from regional emissions analysis ifthe MPO or ODOTin consultation with other agencies (see O,lI,R 

### 340 252 0060), the EPA, and the PHW/\ (in the case ofa highway project) orthe FT/\Attachment 3.1, pg. 64
(in the ease ofa transit fOlrojeet) eoneurthat it has fOlotential regional imfOlaeis ferany 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 AirAct 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 ofthis 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 notfrom 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 1070340-200-0040 DIVISION 200
GENERALAIRPOLLUTION PROCEDURES AND DEFINITIONS

StateofOregon Clean AirActImplementation Plan Attachment 3.2., pg. 1

(1) This implementationplan, consisting ofVolumes 2 and 3 ofthe State ofOregonAir Quality Control Program, contains control strategies, rules and standards preparedbythe Departmentof Environmental Quality and is adopted as the state implementationplan (SIP) ofthe State of Oregonpursuantto the federal CleanAirAct, 42 U.S.C.A7401 to7671q. (2) Except as providedin section (3), revisions to the SIP will be madepursuantto the Commission'srulemakingprocedures in division 11 ofthis chapter and any otherrequirements contained in the SIP andwill be submittedto theUnited States Environmental ProtectionAgency for approval. The State ImplementationPlan was lastmodified by the Commission onJune 19,**~** February 18 & 19,2010. (3) Notwithstanding any otherrequirementcontained in the SIP, the Department may: (a) Submitto the Environmental ProtectionAgency anypermit conditionimplementing a rule that is partofthe federally-approved SIP as a source-specific SIP revision aftertheDepartment has compliedwith the public hearings provisions of40 CFR 51.102 (July 1,2002); and (b) Approvethe standards submittedby a regional authority ifthe regional authority adopts verbatim any standardthatthe Commissionhas adopted, and submitthe standards to EPAfor approval as a SIP revision.
NOTE: Revisions to the State ofOregon CleanAirActImplementation Planbecome federally enforceable upon approval by the United States Environmental ProtectionAgency. Ifany provision ofthe federally approvedImplementationPlanconflicts with any provisionadoptedby the Commission, the Department shallenforce the more stringentprovision.
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;DEQ4-1993, 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; DEQ4-2005, 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; DEQ4-2006, 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. 6-30-09Attachment 3.3., pg. 1

DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION 252 TRANSPORTATION CONFORMITY
340-252-0030 

### Definitions The definitions in OAR340-200-0020,340-204-0010 andthis rule apply to this division. Ifthe same term is defined inthis rule and 340-200-0020 or340-204-0010, the definition in this rule appliestothis division. Terms used but notdefined in this rule shall have the meaning given them bythe CAA, Titles 23 and49 U.S.C., otherEnvironmental ProtectionAgency regulations, or otherDOTregulations, in that order ofpriority. (1) "Airpollution control agency" has the meaning giventhatterm in section 176(c)(7)(E) ofthe 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, exceptwith respect to a transportation plan orTIP revision which merely adds or deletes exempt projects, consider the views ofsuch parties and provide a timely, written response to those views. Such views and written responses shall be included in the record ofdecision or action. (3) "DEQ" means the Department of Environmental Quality. (4) "ODOT" means the Oregon Department ofTransportation. (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 ofOregon CleanAirAct 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 ofconflicts. Consultation shall be undertaken by MPOs, the Oregon Department ofTransportation, affected localjurisdictions, and United States Department ofTransportation 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 LaneAttachment 3.3., pg. 2 Countywhich are subject to this division), or any other regionalair 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 ofthe interagency consultation process with respect to the developmen1. amendment or revision (except administrative amendments or revisions) ofan applicable implementation plan including, the motorvehicle emissions budget. The MPO, Oregon Department ofTransportation, 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 ofthe interagency consultation process with respect to the development ofthe transportation plan, the TIP, and any determinations ofconformity underthis rule. The project sponsor shall be responsible for assuring the conformity of FHVVNFTA projects and regionally significant projects approved or adopted by a recipient offunds 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 ofTransportation, both headquarters and each affected regional or district office, each affected MPO, the Federal HighwayAdministration 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 ofvarious 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 motorvehicle 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 ofthe 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 ofTCMs as required for determining conformity; (vii) Distributing draft and final project environmental documentswhich have been prepared by the MPO to other agencies. (E) The Oregon Department ofTransportation shall be responsible for: (i) Providing technical input on proposed revisions to motorvehicle 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 HighwayAdministration and Federal Transit Administration shall be responsible for assuring timely action on final findings ofconformity, 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 motorvehicle 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 shalldisclose 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 ofthe following actions is sought: adoption or amendment ofa local jurisdiction's transportation system plan to include a proposed project, the issuance ofadministrative permits for the facility or for construction ofthe facility, the execution ofa contract for final design or construction ofthe facility, the execution ofany indebtedness for the facility, any final action ofaboard, commission or administrator authorizing or directing employees to proceed with final design, permitting or construction ofthe project, or anyAttachment 3.3., pg. 4
approval needed for any facility that is dependent on the completion ofthe regionally significant project. (ii) To help assure timely disclosure, the sponsor ofany potentially regionally significant project shall disclose to the MPO annually on or before July 1. (iii) In the case ofany 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 motorvehicle emissions budget in the applicable implementation plan, for the purposes of40 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 ofTransportation in a timely manner. (i) Such disclosure shall be made no later than the first occasion on which any ofthe following actions is sought: adoption or amendment ofa localjurisdiction's transportation system plan to include a proposed project, the issuance ofadministrative permits forthe facility or for construction ofthe facility, the execution ofa contract for final design orconstruction ofthe facility, the execution ofany indebtedness for the facility, any final action ofa board, commission or administrator authorizing ordirecting employees to proceed with final design, permitting or construction ofthe project, or any approval needed for any facility that is dependent on the completion ofthe regionally significant project. (ii) To help assure timely disclosure, the sponsor ofany potentially regionally significant project shall disclose to Oregon Department ofTransportation 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 bethe affirmative responsibility ofthe 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 ofeach affected agency in the consultation process including representatives ofthe public, as appropriate. Such working group shall be chaired by a representative ofthe 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 ofdecision on the final SIP, and shall review drafts ofthe final SIP, the emissions budget, and majorsupporting 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 stafffrom the memberagencies 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 developmentor amendment ofan implementation plan shall include meetings ofthe 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) ofthis 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 ofeach 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 ofthe record ofany decision or action. (D) The working group may appoint subcommittees to address specific issues pertaining to SIP development. Any recommendations ofa subcommittee shall be considered by the working group. (E) Meetings ofthe working group shall be open to the public. The agency with the responsibility of preparing the SIP shall provide timely written notification ofworking group meetings to those members ofthe 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 ofTransportation.·If not designated by committee bylaws, the standing committee shall select its chair by majority vote. (A) For MPOs designated priorto the effective date ofthis rule, the following standing committees are designated for purposes of interagency conSUltation required by this rule: (i) Lane Council ofGovernments: Transportation Planning Committee; (ii) Salem-KeizerArea Transportation Study: Technical Advisory Committee; (iii) Metro: Transportation Policy Alternatives Committee; (iv) Rogue Valley Council ofGovernments: Technical Advisory Committee. (B) Any MPO designated an air quality nonatlainment or maintenance area subsequent to the effective date ofthis rule shall establish a standing committee to meetthe requirements ofthis 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 orfixed 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 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 

### overapprovals or funding for TCMs are 

### giving maximum priority to approval orfunding for TCMs; this consultation process shall also considerwhether 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 PM 10 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 PM 10 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 ifthe project is not strictly "included" in the TIP for the purposes of MPO projectselection orendorsement, 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 mannerwhich would significantly impact use of the facility; (viii) Determining whether the project sponsor or MPO has demonstrated that the requirements of40 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 oftransportation 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; andAttachment 3.3., pg. 7
(xvi) Notification oftransportation plan orTIP revisions or amendmentswhich merely add or delete exempt projects listed in 40 CFR 

### § 93.126 and 40 CFR 

### § 93.127. (E) The chair ofeach standing committee, or his/her designee, shall set the agenda for all meetings. The chair ofeach 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) ofthis rule. (F) Such standing committees shall begin consultation meetings early in the process of decision on the final document, and shall review all drafts oftlie 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 consultwith all other agencies identified under subsection (1)(c) ofthis 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 ofeach such agency. The MPO shall provide draft conformity determinations to standing committee members and shall allow a minimum of30 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 mannerat least 7 days prior to any final decision by the MPO on such document. Such views and written response shall be made partofthe record ofany decision or action. (H) The standing committee may, where appropriate, appoint a subcommittee to develop recommendations for consideration by the full committee. (I) Meetings ofthe standing committee shall be open to the public. The MPO shall provide timely written notification ofstanding 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 ofTransportation shall facilitate a meeting ofthe affected agencies listed in SUbsection (1 )(c) ofthis rule prior to making conformity determinations to: (i) Determine which minor arterials or othertransportation 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 existfor any reason;Atlachment 

### 3.3., pg. 8
(iv) Make a determination, as required by 

### 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 orfunding for TCMs are giving maximum priority to approval orfunding for TCMs; this consultation process shall also considerwhether 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 ofvehicle 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 TransitAdministration projects, including projects forwhich altemative locations, design concept and scope, orthe 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 mannerspecified by 23 CFR Part 450; (xii) Provide notification oftransportation plan orTIP 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 ofTransportation shall consultwith all other agencies identified under subsection (1 )(c) ofthis 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 ofeach 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 ofthe record ofany 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 ofthe publicAttachment 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) Ifno 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) ofthis rule. (F) The meetings required by paragraphs (2)(d)(8)&(C) ofthis rule may lake place using telecommunications equipment, where appropriate. (e) An MPO or Oregon Department ofTransportation shall facilitate an annual statewide meeting, unless otherwise agreed upon by Oregon Department ofTransportation, Oregon Department of Environmental Quality and the MPOs, ofthe affected agencies listed in subsection (1)(c) to review procedures for regional emissions and hot-spot modeling. (A) The members ofeach agency shall annually jointly review the procedures used by affected MPOs and agencies to determine that the requirements of40 CFR 

### § 93.122 are being met by the appropriate agency. (8) An MPO or Oregon Department ofTransportation shall facilitate a statewide meeting of parties listed in subsection (1)(c) ofthis rule to receive comment on the United States Environmental Protection Agency guidelines on hot-spot modeling, to determine the adequacy ofthe 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 Administratorwith the concurrence ofOregon Department ofTransportation. Oregon Department ofTransportation may make recommendations for improved hot-spot modeling guidelines to the United States Environmental Protection Agency Regional Administratorwith the concurrence ofthe affected air quality agency (e.g., Oregon Department of Environmental Quality, Lane Regional Air Protection Agency or any other regional airauthority). (C) The MPO or Oregon Department ofTransportation 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 whetherthe modeling procedures are in compliance with the air quality emissions modeling requirements of40 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-SpotAnalyses and regional emissions analyses. (f) The Federal Highway Administration and Federal Transit Administration will, for any proposed or anticipated transportation improvement program (TIP) ortransportation 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 ofTransportation shall respond in writing to any significant comments raised by the Environmental Protection Agency before making a final decision. In addition, where the Federal HighwayAdministrationAttachment 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) ofthis rule, orthe Federal HighwayAdministration and Federal Transit Administration shall provide the new information to the agencies listed in subsection (1)(c) ofthis rule for review and comment. Where the Federal HighwayAdministration and Federal Transit Administration choose to provide the new or additional information to the affected agencies listed in subsection (1 )(c), the Federal HighwayAdministration 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 ofTransportation 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 subjectto an interagency consultation process underthis rule (including any Federal agency) shall provide each final document that is the product of such consultation process, togetherwith all supporting information that has not been the subject ofany previous consultation required by this rule, to each other agency that has participated in the consultation process within 14 days ofadopting orapproving 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 ofsuch supporting information, in lieu ofgenerally distributing all supporting information. (h) It shall be the affirmative responsibility ofthe 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 ofdecision 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 ofconsultation required by this rule ifthe conformity consultation purpose is identified in the public notice for the meeting. 

### U) It shall be the affirmative responsibility ofa project sponsor to consultwith 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 MPOshall be escalated to the Govemor ifthe conflict cannot be resolved by the heads ofthe involved agencies. In the first instance, such agencies shall make every effort to resolve any differences, including personal meetings between the heads ofsuch 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 ofconformity, SIP submittal, or other decision underthis division, tothe Governor afterthe State agency, regional air authority, or MPO has been notified ofthe resolution ofall comments on such proposed determination ofconformity, SIP submittal, ordecision. Ifan appeal is made to the Governor, the final conformity determination, SIP submittal, or policy decision must have the concurrence ofthe Governor. TheAttachment 3.3., pg, 11
appealing agency must provide notice ofany appeal underthis subsection to the lead agency. Ifan action is not appealed to the Governorwithin 14 days, the lead agency may proceed. (c) The Governor may delegate the role of hearing any such appeal underthis section and ofdeciding whetherto concur in the conformity determination to another official or agencywithin the State, but notto the head or staffofthe State airquality agency or any local air quality agency, the State department oftransportation, a State transportation commission or board, the Environmental Quality Comrnission, any agency that has responsibility for only one ofthese 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 ofthe public comment period and priorto taking formal action on a conformity determination for all transportation plans and TIPs, consistent with these requirements and those or 23 CFR450.316(b). Any charges imposed for public inspection and copying should be consistentwith 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 FTAfunding 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 ofOregon 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 ofConformity Determinations Any election by an MPO to shorten the timeframe ofa conformity determination under 40 CFR 93.1 06(d) requires approval ofthe Department of Environmental Quality orthe Lane Regional Air Protection Agency, as applicable. A shortened timeframe may be appropriate, for example, when projected future emissions fail to meet a MotorVehicle Emissions Budget (MVEB) due to calculation methods that are inconsistentwith the methods used to determine the MVEB. Such circumstances may existfor example, when emissions estimation methods have changed from those used to establish the MVEB. [NOTE: This rule is included in the State ofOregon Clean AirAct Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.] Stat. Auth.: DRS 468.020 Stats. Implemented: DRS 468A.035Attachment 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 orTIP, a Metropolitan Planning Organization or the Oregon Department ofTransportation may not include emissions reduction credits from any control measures that are not included in the transportation plan orTIP and that do not require a regulatory action in the regional emissions analysis unless the Metropolitan Planning Organization, Oregon Department ofTransportation 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 implementthose 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 HighwayAdministration/Federal TransitAdministration must obtain from the project sponsor oroperatorwritten commitments, as defined in 40 CFR 93.101, to implement any project-level mitigation or control measures in the construction or operation ofthe project identified as conditions for NEPA process completion. The written commitments to implementthose projectlevel mitigation or control measures must be fulfilled by the appropriate entities. Priorto making a conformity determination on the transportation plan orTIP a Metropolitan Planning Organization or Oregon Department ofTransportation 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 ofOregon Clean AirAct 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 AIRPOLLUTION PROCEDURES**A~D** 

### DEFINITIONS

State ofOregon CleanAirActImplementation Plan Attachment 3.4., 

### pg. 1



### (1) This implementationplan, consisting ofVolumes 2 and 3 ofthe State ofOregonAir Quality Control Program, contains control strategies, rules and standardspreparedbythe Department of Environmental Quality and is adopted as the state implementationplan (SIP) ofthe State of Oregonpursuantto the federal Clean AirAct, 42 U.S.C.A 7401 to 7671q. (2) Exceptas providedin section (3), revisions to the SIP will bemade pursuantto 

### the Commission's rulemakingprocedures in division 11 ofthis chapter and any otherrequirements contained in the SIP and will be submittedto the United States Environmental ProtectionAgency for approval. The State ImplementationPlanwas lastmodified bythe Commission on February 18 & 

### 19,2010. (3) Notwithstanding any otherrequirementcontained inthe SIP, the Departmentmay: (a) Submitto the Environmental ProtectionAgency anypermit condition implementing a rule that is partofthe federally-approved SIP as a source-specific SIP revision afterthe Department has complied with thepublichearings provisions of40 CFR 51.102 (July 1,2002); and (b) Approve the standards submittedby a regional authority ifthe regional authority adopts verbatim any standard thatthe Commissionhas adopted, and submitthe standards to EPAfor approval as a SIP revision. NOTE: Revisionsto the State ofOregon CleanAirActImplementation Planbecome federally enforceable upon approval by the United States Environmental Protection Agency. Ifany provision ofthe federally approved Implementation Plan conflicts with anyprovision adoptedby the Commission, the Department shall enforce the more stringentprovision. 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;DEQ4-1993, 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; DEQ4-2001, 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; DEQ4-2005, 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
Evidencethatthe State followed the Administrative Procedures Act

4.1 Public notice in the SecretaryofState's OregonBulletinNovember01, 2009

4.2 Certificate and Orderfor Filing PermanentAdministrative Rules, filed and effective March 5, 2010.

### I 

## I I



## I I

### Attachment 4.1, pg.1 

## OregonBulletin

November 1,2009 

### NOTICES OFPROPOSED RULEMAKINGAND PROPOSED RULEMAKINGHEARINGS

DepartmentofEnvironmental Quality Chapter340 Rule Caption: Thisrulemaking repeals stateregulations that duplicate federal transportation conformity rules. Date: Time: Location: 11-23-09 7 p.m. DEQ Headquarters 811 SW6th Ave Portland, OR Hearing Officer: DEQ Staff Stat. Auth.: ORS468.020 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 LastDatefor Comment: 11-30-09, 5p.m. Summary: Transportation conformity is the process required by the CleanAirAct 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), OregonDepartmentofEnvironmental Quality and several councils ofgovernment. Oregon was originally required to adopt the majority ofthe federal contormity rules as state regulations but that obligation was removed in 2008. This proposed rulcmaking responds to the change by repealing staterequirements that duplicate federal measures.

The most significant effects ofthis 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 provisionthat a conformity analysis periodmay beshortened only with the approval oftile appropriate air quality agency.

These mnendments, ifadopted, will besubmittedto the U.S. Environmental Protection Agency as a revisionto the State ofOregon CleanAirActImplementationPlan, which is a requirement ofthe CleanAirAct.

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, submityour conmlents to: Dave Nordberg, Oregon DepartmentofEnvironmental Quality, 811 SE SixthAvenue, Portland, OR97204 orby fax to (503) 229-5675, or by email to TranspCooformity@deq.state.or.us Rules Coordinator: Larry McAllister Address: DepartmeotofEnvironmental Quality, 811 SW SixthAve., Portland, OR97204
http://arcweb.sos.state.oJ".us/rulesIlI09 Bulletinll109 rulemaking bulletin.html

### Attachment 4.2, pg.1

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### staw '''';luir<>mMU; UIlQt ,,"uplicat._ral",,,a$<1""'.Attachment 4.2, pg. 2

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. mrudrttum lntf)(Vai btrtWMin conformityartal}'lm!!ito rovrye:s,rs frQlll the t\Jl1l:ntttJreeyeartim1lTheyWill alsQ be qbie W, If:Se 6, rt'tOteeffJCienttechnk}uefor.cJemoosttating<:Mrotmltyatthtl pl'tlJGd IWM. In'adfiittr;'Jlt,**~**propo&,e.Q role-a add a !>flY'i>lon Ino!.ooororrnlty

... I;sl. period may1le.hMooadOnly",lIn 1Mapp"''''1ofIII.approptiale airquail!;> "llen,y. These**emen-:Jm~** If**.{:IdQ~.**wit! btJiI'iUbmiUed to the U,S. Emil'4ome:nml Protection AQency {Hia**~f1**totfle Stall;' ofOr1IlgonClean I\lrActImplementation PIM, ""'100Is..mqUE_1orIll. Cloan I\lrAct



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## Attachment 5
Evidence ofAdequate PublicNotice

5.1 Affidavit ofPublication: The Oregonian, Notice ofpublication on October 20, 2009.

### Attachment 5.1, page 1

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## Attachment 6
Certification ofPublic Hearing

Seeparagraphthree ofcover letter andAttachment7.1

## Attachment 7



## Compilation ofPublic Comments andDepartment'sResponse
7.1 Presiding Officer's RepOli for Rulemaking Hearing dated Dec. 2, 2009.
7.2 Summary ofPublic Comment andAgencyResponse dated Jan. 11,2010.

### Attachment 7.1, page 1

Stat"of()1'qjl!I\I**.l)e1l1l~llIIrmt**m EnvitQnnl<'lihl!QuIIIlI)'

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### s..WeSh<1hA"", Porttnnd,{lit1I1!!&1 ibetJcPilriftu::nt ¢i':l11W,* the**rol~flw:ill!**hCBfmiQn**~$M**c-ha:ug..j.N**~**OreHimt.$ Transportalio" COlli'6nmll'nd

..41111'.l\t NoOlIUpmf_DEQ:5lMta1fcr!d"j ,UI\II!he bcmiill! "..,.<I<=<IlII'1:3(11'.M.

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### Attachment 7.2, page 1



### SummaryofPublicCommentandAgencyRliSponse TitleofRuf<)maklng: TfllnsportaUon Conformny Prepared by: Oave Nordberg, Date: Oeo.4, 2009

Comment period

Organization ofcomments and responses

Comment:! Response

CommenU
Response The pvbliocommentperiodopenedon October20, andclosedat 5:00 P.M. November30,2009. OEQ heldapubliohearing al7:oo P.M. November23,

. 2009atOEQ Headquarters indowmown Portland. Nomembersofthe public attended. Asingle oommenlletlerwas received during1Mcommentpertod

.. Noadditional comments onthe propesedtransportationconfonntty rules weresubmltled byelectronicmailorbyothermeans. TheOregon DepartmentafTranspOrtationsubmiijed comments onthree aspectsoftheproposed rules. Summaries ofeach commentand

### the Department's responses afeprovided betow.

oolnmentlo 

### onlYparagraph in

### Ihlssection

### from 'exceptGrants deleted. DEQagreesthesuggestedmodificationis consistentwiththe intent ofthe rulesanddeletesthis referencefromthe rulestobe

AIOAR340·Z52"()060(2)lb)](D)(Vliij.replace<40CPR93.126'with

-- '40CFR 93.**~25'** DEQagreesthecilationof'40CPR 93.128'inthis paragraph is incorrect. thisreferenceIsreplaced wUh '40 CFR93.125'in the rulestobe pfllsentOO forEQC**adop!!~.n:.!!'**___**~**______**~**__ --l ConsidefreplaclrlgthetextofOAR340-252..()23il(1)and (2)with the**-~** languageoffered

### byAppendixA, page9of'EPA's GuidenceforDeveloping TranspgrtationComannlt)' State implementation Plans'datedJanuarv. 2000. OEQacknowledges lila! using EPA's suggested languageforOAR S40-252· 0230(1)and(2)willenhanceconsistencywith otherstates, The rutes OfllOOSedforEQCBcloDtianaremodifiedtoaDPlvthefederal\'IOrdlna.**-----~~,~~~~~~~~~~~~~~**

ListofComm.llters and Reference Numbers Reference Name Organlzalloll AdoreS'S Dateon NIImber**com,~** ,2and3**H~A.Gard** Oregon DepartmentPf DepartmentotTrnllSportatiQ1\ mooNed Tmnspo!1atJoll 355 CapitolSf. NE 1113012009 Salem OR913Ql

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