### Mr. Dick Pederson UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140



# APR 11 2014

Mr. Tom Hughes Oregon Department ofEnvironmental Quality 811 Southwest Sixth Avenue Ms. Carlotta Collette 600 Northeast Grand Portland, Oregon 97232 Portland, Oregon 97204 Dear Mr. Pederson, Mr. Hughes and Ms. Collette: OFFICE OF THE REGIONAL ADMINISTRATOR



### Thank you for your concurrence letters from the Oregon Department ofEnvironmental Quality onJanuary 14, 2014, and from the Oregon Metro metropolitan planning organization on January 8, 2014, requesting the Environmental Protection Agency's concurrence on substitution ofthe transit service increase Transportation Control Measure for the Portland Area Carbon Monoxide Maintenance Plan. The proposed substitution would replace the "existingtransit service increase TCM" 1

### with a "substitute transit service increase TCM"2 

### containing an equivalent method for assessing the transit service increase. The Safe, Accountable, Flexible, and Efficient Transportation EquityAct: A Legacy for Users, signed into law on August 10, 2005, revised the Clean Air Act's Section 176(c) transportation conformityprovisions includingprocedures to use in substituti

_ ng or adding TCMs to approved State Implementation Plans. The CAA, as amended, requires that the replacement TCM must achieve equal or greater emission reductions; be implemented on a consistent schedule; and be supported by adequate resources and authority to be implemented, monitored and enforced. The TCM must also have been developed though a collaborativeprocess involving all affected jurisdictions, the EPA, and the public

. Qualifying TCMs can be substituted into an approved SIP without a formal rulemakingprocess. The EPA reviewed the methodology and the material used bythe ODEQ to demonstrate equivalencybetween the original and substitute TCMs. The EPA also reviewed the comments received during the public commentprocess, and the responses to these comments from ODEQ. Based on a review ofthe analysis and the responses to comments, the EPA concurs with the state's analysis and determination that the substitute TCM is expected to provide an equivalent emission reduction to the original TCM. Additionally, the emission reductions from the

1Existing Transit Service Increase TCM: Regional transit service revenue hours (weighted bycapacity) shall be increased 1

.0% per year. The increase shall be assessed on the basis ofa five-year rolling average between 2006 and 2017

. Assessments made for the period through 2008 shall include the 2004 opening oflnterstate Metropolitan Area Express (MAX)

. 2 Substitute Transit Service Increase TCM: Regional transit service revenue hours (weighted by capacity) shall be increased 1.0% per year. The increase shall be assessed on the basis ofcumulative average ofactual hours for assessment conducted for the entire second ten-year Portland Area Carbon Monoxide Maintenance Plan period (2007-20 17). A transit service increase will be assessed on the basis offiscal year (July 1- June 30) beginning with FY 2008

.substitute TCM occur on a schedule consistent with the TCMbeingreplaced. These concurrence letters attest that the proposed TCM substitution for the Portland Area CO Maintenance plan meets the CAATCM substitution requirements as delineated in section 176(c)(8) ofthe CAA. This letter transmits the EPA's concurrence regarding the TCM substitution submitted bythe ODEQ. In reaching this decision, we have reviewed the technical information for the substitute TCM provided bythe ODEQ and have determined that the substitute TCM meets the CAA Section 176(c)(8) requirements for substitute TCMs. The substitute TCM is now part ofthe federally enforceable SIP. We havereceived the substitute TCM and supportmaterials for incorporation inthe federally approved SIP within 90 days as requiredby CAA, Section 176(c)(8). The EPA will proceed to update the Code ofFederal Regulations to reflect the changes to the SIP to clarifythat the substitute TCM is a part ofthe federally enforceable SIP. Ifyou have any questions regarding this letter, please contact Karl Pepple, Air Planning Unit in the Office ofAir, Waste and Toxics at pepple.karl@ epa.gov or (206) 553-1778. Sincerely, 

# r--d--9-**~\. ~--**  Dennis 

### J. McLerran Regional Administrator

cc: Mr. Uri Papish ODEQ Interim Air Quality Administrator Mr. David Collier ODEQ Air Quality Planning Manager Mr. Dave Nordberg ODEQ Transportation Conformity Contact Ms

. Andrea Gartenbaum ODEQ SIP Coordinator Mr. Tom Kloster Metro Transportation Planning Manager

2