reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1410 - Criteria and Procedures: Latest Planning Assumptions

Current through Register Vol. 30, No. 28, July 12, 2024
A. During all periods the conformity
				determination, with respect to all other applicable criteria in
				R18-2-1411
				through
				R18-2-1427,
				shall be based upon the most recent complete planning assumptions in force at
				the time of the conformity determination. The conformity determination shall
				satisfy the requirements of subsections (B) through (F).
B. Assumptions, including vehicle miles
				traveled per capita or per household, trip generation per household, vehicle
				occupancy, household size, vehicle fleet mix, vehicle ownership, and the
				geographic distribution of population growth shall be derived from the
				estimates of current and future population, employment, travel, and congestion
				most recently used by ADOT or the MPO where one exists. Population estimates
				shall be consistent with the estimates developed by the Arizona Department of
				Economic Security pursuant to A.R.S. §
									41-1954(A).
				The conformity determination shall also be based on the latest assumptions
				about current and future background concentrations.
C. The conformity determination for each
				transportation plan and TIP shall discuss how transit operating policies
				(including fares and service levels) and assumed transit ridership have changed
				since the previous conformity determination.
D. The conformity determination shall include
				reasonable assumptions about transit service and increases in transit fares and
				road and bridge tolls over time.
E.
				The conformity determination shall use the latest existing information
				regarding the effectiveness of the TCMs which have already been
				implemented.
F. Key assumptions
				shall be specified and included in the draft documents and supporting materials
				used for the interagency and public consultation required by
				R18-2-1405.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1411 - Criteria and Procedures: Latest Emissions Model

Current through Register Vol. 30, No. 28, July 12, 2024
A. During all periods the conformity
				determination shall be based on the latest emission estimation model available.
				This criterion is satisfied if the most current version of the motor vehicle
				emissions model specified by EPA for use in the preparation or revision of
				implementation plans in that state or area is used for the conformity analysis.
				Where EMFAC is the motor vehicle emissions model used in preparing or revising
				the applicable implementation plan, new versions shall be approved by EPA
				before they are used in the conformity analysis.
B. Conformity analyses for which the
				emissions analysis was begun during the grace period or before the Federal
				Register notice of availability of the latest emission model, or during any
				grace period announced in such notice, may continue to use the previous version
				of the model for transportation plans and TIPs. The previous model may also be
				used for projects if the analysis was begun during the grace period or before
				the Federal Register notice of availability, provided no more than three years
				have passed since the draft environmental document was issued.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1412 - Criteria and Procedures: Consultation

Current through Register Vol. 30, No. 28, July 12, 2024
All conformity determinations shall be made according to the
				  consultation procedures in
				  R18-2-1405. This
				  criterion applies during all periods. Until the implementation plan revision
				  required by 40 CFR 51.396 is approved by EPA, the conformity determination
				  shall be made according to the procedures in
				  R18-2-1405. Once the
				  implementation plan revision has been approved by EPA, this criterion is
				  satisfied if the conformity determination is made consistent with the
				  implementation plan's consultation requirements.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1413 - Criteria and Procedures: Timely Implementation of TCMs

Current through Register Vol. 30, No. 28, July 12, 2024
A. During all periods the transportation
				plan, TIP, or FHWA, or FTA project which is not from a conforming plan and TIP
				shall provide for the timely implementation of TCMs from the applicable
				implementation plan.
B. For
				transportation plans, this criterion is satisfied if the following two
				conditions are met:
1. The transportation
				plan, in describing the envisioned future transportation system, provides for
				the timely completion or implementation of all TCMs in the applicable
				implementation plan which are eligible for funding under 23 U.S.C. or the
				Federal Transit Act, consistent with schedules included in the applicable
				implementation plan.
2. Nothing in
				the transportation plan interferes with the implementation of any TCM in the
				applicable implementation plan.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1414 - Criteria and Procedures: Currently Conforming Transportation Plan and TIP

Current through Register Vol. 30, No. 28, July 12, 2024
During all periods there shall be a currently conforming
				  transportation plan and currently conforming TIP at the time of project
				  approval. This criterion is satisfied if the current transportation plan and
				  TIP have been found to conform to the applicable implementation plan by the MPO
				  and USDOT according to the procedures of this subpart. Only one conforming
				  transportation plan or TIP may exist in an area at any time; conformity
				  determinations of a previous transportation plan or TIP expire once the current
				  plan or TIP is found to conform by USDOT. The conformity determination on a
				  transportation plan or TIP will also lapse if conformity is not determined
				  according to the frequency requirements of
				  R18-2-1404.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1415 - Criteria and Procedures: Projects from a Plan and TIP

Current through Register Vol. 30, No. 28, July 12, 2024
A. During all periods the project shall come
				from a conforming transportation plan and program. Otherwise, the project shall
				satisfy all criteria in Table 1 of
				R18-2-1409
				for a project not from a conforming transportation plan and TIP. A project is
				considered to be from a conforming transportation plan if it meets the
				requirements of subsection (B) and from a conforming program if it meets the
				requirements of subsection (C).
B.
				A project is considered to be from a conforming transportation plan if one of
				the following conditions applies:
1. For
				projects which are required to be identified in the transportation plan in
				order to satisfy
				R18-2-1406,
				the project is specifically included in the conforming transportation plan and
				the project's design concept and scope have not changed significantly from
				those which were described in the transportation plan, or in a manner which
				would significantly impact use of the facility.
2. For projects which are not required to be
				specifically identified in the transportation plan, the project is identified
				in the conforming transportation plan, or is consistent with the policies and
				purpose of the transportation plan and will not interfere with other projects
				specifically included in the transportation plan.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1416 - Criteria and Procedures: Localized CO and PM[10] Violations (Hot Spots)

Current through Register Vol. 30, No. 28, July 12, 2024
A. During all
				periods any FHWA or FTA project shall not cause or contribute to any new
				localized CO or PM10 violations or increase the
				frequency or severity of any existing CO or PM10
				violations in CO and PM10 nonattainment and maintenance
				areas. This criterion is satisfied if it is demonstrated that no new local
				violations will be created and the severity or number of existing violations
				will not be increased as a result of the project.
B. The demonstration shall be performed
				according to the requirements of
				R18-2-1405 and
				R18-2-1431.
C. For projects which are not of the type
				identified by
				R18-2-1431(A)
				or
				R18-2-1431(D),
				this criterion may be satisfied if consideration of local factors clearly
				demonstrates that no local violations presently exist and no new local
				violations will be created as a result of the project. Otherwise, in CO
				nonattainment and maintenance areas, a quantitative demonstration shall be
				performed according to the requirements of R18-2-1431(B).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1417 - Criteria and Procedures: Compliance with PM[10] Control Measures

Current through Register Vol. 30, No. 28, July 12, 2024
During all periods any FHWA or FTA project shall comply with
				  PM10 control measures in the applicable implementation
				  plan. This condition is satisfied if control measures (for the purpose of
				  limiting PM10 emissions from the construction activities
				  or normal use and operation associated with the project) contained in the
				  applicable implementation plan are included in the final plans, specifications,
				  and estimates for the project.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1418 - Criteria and Procedures: Motor Vehicle Emissions Budget (Transportation Plan)

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				transportation plan shall be consistent with the motor vehicle emissions budget
				in the applicable implementation plan or implementation plan submission. This
				criterion applies during the transitional period and the control strategy and
				maintenance periods, except as provided in
				R18-2-1436.
				This criterion may be satisfied if the requirements in subsections (B) and (C)
				are met:
B. A regional emissions
				analysis shall be performed as follows:
1. The
				regional analysis shall estimate emissions of any of the following pollutants
				and pollutant precursors for which the area is in nonattainment or maintenance
				and for which the applicable implementation plan or implementation plan
				submission establishes an emissions budget:
a.
				VOC as an ozone precursor.
b. NOx
				as an ozone precursor, unless the Administrator determines that additional
				reductions of NOx would not contribute to attainment.
c. CO.
d. PM10 (and its
				precursors VOC or NOx if the applicable implementation plan or implementation
				plan submission identifies transportation-related precursor emissions within
				the nonattainment area as a significant contributor to the
				PM10 nonattainment problem or establishes a budget for
				such emissions).
e. NOx (in
				NO2 nonattainment or maintenance areas).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1419 - Criteria and Procedures: Motor Vehicle Emissions Budget (TIP)

Current through Register Vol. 30, No. 28, July 12, 2024
A. The TIP shall be
				consistent with the motor vehicle emissions budgets in the applicable
				implementation plan or implementation plan submission. This criterion applies
				during the transitional period and the control strategy and maintenance
				periods, except as provided in
				R18-2-1436.
				This criterion may be satisfied if the requirements in subsections (B) and (C)
				are met.
B. For areas with a
				conforming transportation plan that fully meets the content requirements of
				R18-2-1406(A),
				this criterion may be satisfied without additional regional emissions analysis
				if:
1. Each program year of the TIP is
				consistent with the federal funding which may be reasonably expected for that
				year, and required state or local matching funds and funds for state or local
				funding-only projects are consistent with the revenue sources expected over the
				same period; and
2. The TIP is
				consistent with the conforming transportation plan such that the regional
				emissions analysis already performed for the plan applies to the TIP also. This
				requires a demonstration that:
a. The TIP
				contains all projects which shall be started in the TIP's time-frame in order
				to achieve the highway and transit system envisioned by the transportation plan
				in each of its horizon years;
b.
				All TIP projects which are regionally significant are part of the specific
				highway or transit system envisioned in the transportation plan's horizon
				years; and
c. The design concept
				and scope of each regionally significant transportation project in the TIP is
				not significantly different from that described in the transportation
				plan.
3. If the
				requirements in subsections (B)(1) and (B)(2) are not met, then either:
a. The TIP may be modified to meet those
				requirements; or
b. The
				transportation plan shall be revised so that the requirements in subsections
				(B)(1) and (B)(2) are met. Once the revised plan has been found to conform,
				this criterion is met for the TIP with no additional analysis except a
				demonstration that the TIP meets the requirements of subsections (B)(1) and
				(B)(2).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1420 - Criteria and Procedures: Motor Vehicle Emissions Budget (Project Not from a Plan and TIP)

Current through Register Vol. 30, No. 28, July 12, 2024
A. The project
				which is not from a conforming transportation plan and a conforming TIP shall
				be consistent with the motor vehicle emissions budget in the applicable
				implementation plan or implementation plan submission. This criterion applies
				during the transitional period and the control strategy and maintenance
				periods, except as provided in
				R18-2-1436.
				It is satisfied if emissions from the implementation of the project, when
				considered with the emissions from the projects in the conforming
				transportation plan and TIP and all other regionally significant transportation
				projects expected in the area, do not exceed the motor vehicle emissions budget
				in the applicable implementation plan or implementation plan
				submission.
B. For areas with a
				conforming transportation plan that meets the content requirements of
				R18-2-1406(A):
1. This criterion may be satisfied without
				additional regional analysis if the project is included in the conforming
				transportation plan, even if it is not specifically included in the latest
				conforming TIP. This requires a demonstration that all of the following apply:
a. Allocating funds to the project will not
				delay the implementation of projects in the transportation plan or TIP which
				are necessary to achieve the highway and transit system envisioned by the
				transportation plan in each of its horizon years.
b. The project is not regionally significant
				or is part of the specific highway or transit system envisioned in the
				transportation plan's horizon years.
c. The design concept and scope of the
				project is not significantly different from that described in the
				transportation plan.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1421 - Criteria and Procedures: Localized CO Violations (Hot Spots) in the Interim and Transitional Periods

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Each FHWA or FTA project shall eliminate or reduce the severity and number of
				localized CO violations in the area substantially affected by the project (in
				CO nonattainment areas). This criterion applies during the interim and
				transitional periods only. This criterion is satisfied with respect to existing
				localized CO violations if it is demonstrated that existing localized CO
				violations will be eliminated or reduced in severity and number as a result of
				the project.
B. The demonstration
				shall be performed according to the requirements of
				R18-2-1405 and
				R18-2-1431.
C. For projects which are not of the type
				identified by
				R18-2-1431(A),
				this criterion may be satisfied if consideration of local factors clearly
				demonstrates that existing CO violations will be eliminated or reduced in
				severity and number. Otherwise, a quantitative demonstration shall be performed
				according to the requirements of R18-2-1431(B).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1422 - Criteria and Procedures: Interim and Transitional Period Reductions in Ozone and CO Areas (Transportation Plan)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A transportation plan shall contribute to
				emissions reductions in ozone and CO nonattainment areas. This criterion
				applies during the interim and transitional periods only, except as otherwise
				provided in
				R18-2-1436.
				It applies to the net effect on emissions of all projects contained in a new or
				revised transportation plan. This criterion may be satisfied if a regional
				emissions analysis is performed as described in subsections (B) through
				(F).
B. Determine the analysis
				years for which emissions are to be estimated. Analysis years shall be no more
				than 10 years apart. The first analysis year shall be no later than the first
				milestone year (1995 in CO nonattainment areas and 1996 in ozone nonattainment
				areas). The second analysis year shall be either the attainment year for the
				area or, if the attainment year is the same as the first analysis year or
				earlier, the second analysis year shall be at least five years beyond the first
				analysis year. The last year of the transportation plan's forecast period shall
				also be an analysis year.
C. Define
				the Baseline scenario for each of the analysis years to be the future
				transportation system that would result from current programs, composed of all
				of the following, except that projects listed in
				R18-2-1434 and
				R18-2-1435
				need not be explicitly considered:
1. All
				in-place regionally significant highway and transit facilities, services and
				activities.
2. All ongoing travel
				demand management or transportation system management activities.
3. Completion of all regionally significant
				transportation projects, regardless of funding source, which are currently
				under construction or are undergoing right-of-way acquisition (except for
				hardship acquisition and protective buying); come from the first three years of
				the previously conforming transportation plan or TIP; or have completed the
				NEPA process. For the first conformity determination on the transportation plan
				after November 24, 1993, a project may not be included in the Baseline scenario
				and shall be included in the Action scenario as described in subsection (D), if
				one of the following major steps has not occurred within the most recent
				three-year period:
a. NEPA process
				completion;
b. Start of final
				design;
c. Acquisition of a
				significant portion of the right-of-way;
d. Approval of the plans, specifications and
				estimates.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1423 - Criteria and Procedures: Interim Period Reductions in Ozone and CO Areas (TIP)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A TIP shall
				contribute to emissions reductions in ozone and CO nonattainment areas. This
				criterion applies during the interim and transitional periods only, except as
				otherwise provided in
				R18-2-1436.
				It applies to the net effect on emissions of all projects contained in a new or
				revised TIP. This criterion may be satisfied if a regional emissions analysis
				is performed as described in subsections (B) through (F).
B. Determine the analysis years for which
				emissions are to be estimated. The first analysis year shall be no later than
				the first milestone year (1995 in CO nonattainment areas and 1996 in ozone
				nonattainment areas). The analysis years shall be no more than 10 years apart.
				The second analysis year shall be either the attainment year for the area or,
				if the attainment year is the same as the first analysis year or earlier, the
				second analysis year shall be at least five years beyond the first analysis
				year. The last year of the transportation plan's forecast period shall also be
				an analysis year.
C. Define the
				Baseline scenario as the future transportation system that would result from
				current programs, composed of all of the following, except that projects listed
				in
				R18-2-1434 and
				R18-2-1435
				need not be explicitly considered:
1. All
				in-place regionally significant highway and transit facilities, services, and
				activities.
2. All ongoing travel
				demand management or transportation system management activities.
3. Completion of all regionally significant
				transportation projects, regardless of funding source, which are currently
				under construction or are undergoing right-of-way acquisition, except for
				hardship acquisition and protective buying; come from the first three years of
				the previously conforming TIP; or have completed the NEPA process. For the
				first conformity determination on the TIP after November 24, 1993, a project
				may not be included in the Baseline scenario if one of the following major
				steps has not occurred within the most recent three-year period:
a. NEPA process completion.
b. Start of final design.
c. Acquisition of a significant portion of
				the right-of-way.
d. Approval of
				the plans, specifications, and estimates. Such a project shall be included in
				the Action scenario, as described in subsection (D).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1424 - Criteria and Procedures: Interim Period Reductions for Ozone and CO Areas (Project Not from a Plan and TIP)

Current through Register Vol. 30, No. 28, July 12, 2024
A transportation project shall contribute to emissions
				  reductions in ozone and CO nonattainment areas. This criterion applies during
				  the interim and transitional periods only, except as otherwise provided in
				  R18-2-1436.
				  This criterion is satisfied if a regional emissions analysis is performed which
				  meets the requirements of
				  R18-2-1422
				  and which includes the transportation plan and project in the Action scenario.
				  If the project which is not from a conforming transportation plan and TIP is a
				  modification of a project currently in the plan or TIP, the Baseline scenario
				  shall include the project with its original design concept and scope, and the
				  Action scenario shall include the project with its new design concept and
				  scope.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1426 - Criteria and Procedures: Interim Period Reductions for PM[10] and NO[2] Areas (TIP)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A TIP shall
				contribute to emission reductions or shall not increase emissions in
				PM10 and NO2 nonattainment areas.
				This criterion applies only during the interim and transitional periods. It
				applies to the net effect on emissions of all projects contained in a new or
				revised TIP. This criterion may be satisfied if the requirements of either
				subsection (B) or subsection (C) are met.
B. Demonstrate that implementation of the
				plan and TIP and all other regionally significant transportation projects
				expected in the nonattainment area will contribute to reductions in emissions
				of PM10 in a PM10 nonattainment
				area (and transportation-related precursors of PM10 in
				PM10 nonattainment areas if the EPA Regional
				Administrator or the Director of ADEQ has made a finding that such precursor
				emissions from within the nonattainment area are a significant contributor to
				the PM10 nonattainment problem and has so notified the
				MPO and USDOT) and of NOx in an NO2 nonattainment area,
				by performing a regional emissions analysis as follows:
1. Determine the analysis years for which
				emissions are to be estimated, according to the requirements of
				R18-2-1425(B)(1).
2. Define for
				each of the analysis years the Baseline scenario, as defined in
				R18-2-1423(C),
				and the Action scenario, as defined in
				R18-2-1423(D).
3. Estimate the emissions predicted to result
				in each analysis year from travel on the transportation systems defined by the
				Baseline and Action scenarios as required by
				R18-2-1425(B)(3),
				and make the demonstration required by
				R18-2-1425(B)(4).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1427 - Criteria and Procedures: Interim Period Reductions for PM[10] and NO[2] Areas (Project Not from a Plan and TIP)

Current through Register Vol. 30, No. 28, July 12, 2024
A transportation project which is not from a conforming
				  transportation plan and TIP shall contribute to emission reductions or shall
				  not increase emissions in PM10 and
				  NO2 nonattainment areas. This criterion applies during
				  the interim and transitional periods only. This criterion is met if a regional
				  emissions analysis is performed which meets the requirements of
				  R18-2-1425
				  and which includes the transportation plan and project in the Action scenario.
				  If the project which is not from a conforming transportation plan and TIP is a
				  modification of a project currently in the transportation plan or TIP, and
				  R18-2-1425(B)
				  is used to demonstrate satisfaction of this criterion, the Baseline scenario
				  shall include the project with its original design concept and scope, and the
				  Action scenario shall include the project with its new design concept and
				  scope.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1428 - Transition from the Interim Period to the Control Strategy Period

Current through Register Vol. 30, No. 28, July 12, 2024
A. For areas which
				submit a control strategy implementation plan revision after November 24, 1993:
1. The transportation plan and TIP shall be
				demonstrated to conform according to transitional period criteria and
				procedures by one year from the date the CAA requires submission of such
				control strategy implementation plan revision. Otherwise, the conformity status
				of the transportation plan and TIP will lapse, and no new project-level
				conformity determinations may be made.
a. The
				conformity of new transportation plans and TIPs may be demonstrated according
				to Phase II interim period criteria and procedures for 90 days following
				submission of the control strategy implementation plan revision, provided the
				conformity of such transportation plans and TIPs is redetermined according to
				transitional period criteria and procedures as required in subsection (A)(1)
				and such transportation plans and TIPs are consistent with the motor vehicle
				emissions budget in the applicable implementation plan or any previously
				submitted control strategy implementation plan revision.
b. Beginning 90 days after submission of the
				control strategy implementation plan revision, new transportation plans and
				TIPs shall demonstrate conformity according to transitional period criteria and
				procedures.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1429 - Requirements for Adoption or Approval of Projects by Recipients of Funds Designated under 23 U.S.C. or the Federal Transit Act

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Section shall not apply to any of the
				following:
1. A transportation project that
				is a street with a lower classification than a collector street, as specified
				in the most recent federal classification map for the region.
2. An exempt project listed in
				R18-2-1434.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1431 - Procedures for Determining Localized CO and PM[10] Concentrations (Hot-spot Analysis)

Current through Register Vol. 30, No. 28, July 12, 2024
A. In the
				following cases, CO hot-spot analyses shall be based on the applicable air
				quality models, data bases, and other requirements specified in 40 CFR 51
				Appendix W ("Guideline on Air Quality Models (Revised)" (1988), supplement (A)
				(1987) and supplement (B) (1993), EPA publication no. 450/2-78-027R,
				incorporated by reference and on file with the Department and with the
				Secretary of State), unless, after the interagency consultation process
				described in
				R18-2-1405 and with
				the approval of the EPA Regional Administrator, these models, data bases, and
				other requirements are determined to be inappropriate:
1. For projects in or affecting locations,
				areas, or categories of sites which are identified in the applicable
				implementation plan as sites of current violation or possible current
				violation;
2. For those
				intersections at Level-of-Service D, E, or F, or those that will change to
				Level-of-Service D, E, or F because of increased traffic volumes related to a
				new project in the vicinity;
3. For
				any project involving or affecting any of the intersections which the
				applicable implementation plan identifies as the top three intersections in the
				nonattainment or maintenance area based on the highest traffic
				volumes;
4. For any project
				involving or affecting any of the intersections which the applicable
				implementation plan identifies as the top three intersections in the
				nonattainment or maintenance area based on the worst
				Level-of-Service;
5. Where use of
				the "Guideline" models is practicable and reasonable given the potential for
				violations.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1432 - Using the Motor Vehicle Emissions Budget in the Applicable Implementation Plan or Implementation Plan Submission

Current through Register Vol. 30, No. 28, July 12, 2024
A. In interpreting an applicable
				implementation plan or implementation plan submission with respect to its motor
				vehicle emissions budget, ADOT or the MPO where one exists and USDOT may not
				infer additions to the budget that are not explicitly intended by the
				implementation plan or submission. Unless the implementation plan explicitly
				quantifies the amount by which motor vehicle emissions could be higher while
				still allowing a demonstration of compliance with the milestone, attainment, or
				maintenance requirement and explicitly states an intent that some or all of
				this additional amount should be available to ADOT or the MPO and USDOT in the
				emission budget for conformity purposes, ADOT or the MPO may not interpret the
				budget to be higher than the implementation plan's estimate of future
				emissions. This applies in particular to applicable implementation plans or
				submissions which demonstrate that after implementation of control measures in
				the implementation plan any of the following apply:
1. Emissions from all sources will be less
				than the total emissions that would be consistent with a required demonstration
				of an emissions reduction milestone.
2. Emissions from all sources will result in
				achieving attainment prior to the attainment deadline or ambient concentrations
				in the attainment deadline year will be lower than needed to demonstrate
				attainment.
3. Emissions will be
				lower than needed to provide for continued maintenance.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1433 - Enforceability of Design Concept and Scope and Project-level Mitigation and Control Measures

Current through Register Vol. 30, No. 28, July 12, 2024
A. Prior to
				determining that a transportation project is in conformity, ADOT, the MPO where
				one exists, other recipient of funds designated under 23 U.S.C. or the Federal
				Transit Act, FHWA, or FTA shall obtain from the project sponsor or operator
				enforceable written commitments to implement in the construction of the project
				and operation of the resulting facility or service any project-level mitigation
				or control measures which are identified as conditions for NEPA process
				completion with respect to local PM10 or CO impacts.
				Before making conformity determinations enforceable written commitments shall
				also be obtained for project-level mitigation or control measures which are
				conditions for making conformity determinations for a transportation plan or
				TIP and included in the project design concept and scope which is used in the
				regional emissions analysis required by
				R18-2-1418
				through R18-2-1420 and R18-2-1422 through R18-2-1424 or used in the
				project-level hot-spot analysis required by
				R18-2-1416
				and
				R18-2-1421.
B. Project sponsors voluntarily committing to
				mitigation measures to facilitate positive conformity determinations shall
				provide enforceable written commitments and comply with the obligations of such
				commitments.
C. Enforceable written
				commitments to mitigation or control measures shall be obtained prior to a
				positive conformity determination, and that project sponsors shall comply with
				such commitments.
D. During the
				control strategy and maintenance periods, if ADOT, the MPO, or project sponsor
				believes the mitigation or control measure is no longer necessary for
				conformity, the project sponsor or operator may be relieved of its obligation
				to implement the mitigation or control measure if it can demonstrate that the
				requirements of
				R18-2-1416,
				R18-2-1418,
				and
				R18-2-1419
				are satisfied without the mitigation or control measure and so notifies the
				agencies involved in the interagency consultation process required under
				R18-2-1405. ADOT or
				the MPO where one exists and USDOT shall confirm that the transportation plan
				and TIP still satisfy the requirements of
				R18-2-1418
				and
				R18-2-1419
				and that the project still satisfies the requirements of
				R18-2-1416,
				and therefore that the conformity determinations for the transportation plan,
				TIP, and project are still valid.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1434 - Exempt Projects

Current through Register Vol. 30, No. 28, July 12, 2024
Notwithstanding the other requirements of this subpart,
				  highway and transit projects of the types listed in Table 2 are exempt from the
				  requirement that a conformity determination be made. Such projects may proceed
				  toward implementation even in the absence of a conforming transportation plan
				  and TIP. A particular action of the type listed in Table 2 is not exempt if
				  ADOT or the MPO where one exists in consultation with other agencies pursuant
				  to
				  R18-2-1405, the EPA,
				  and the FHWA (in the case of a highway project) or the FTA (in the case of a
				  transit project) concur that it has potentially adverse emissions impacts for
				  any reason. States and MPOs shall ensure that exempt projects do not interfere
				  with TCM implementation.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1435 - Projects Exempt from Regional Emissions Analyses

Current through Register Vol. 30, No. 28, July 12, 2024
Notwithstanding the other requirements of this subpart,
				  highway and transit projects of the types listed in Table 3 are exempt from
				  regional emissions analysis requirements. The local effects of these projects
				  with respect to CO or PM10 concentrations shall be
				  considered to determine if a hot-spot analysis is required prior to making a
				  project-level conformity determination. These projects may then proceed to the
				  project development process even in the absence of a conforming transportation
				  plan and TIP. A particular action of the type listed in Table 3 is not exempt
				  from regional emissions analysis if the MPO in consultation with other agencies
				  pursuant to
				  R18-2-1405, the EPA,
				  and the FHWA (in the case of a highway project) or the FTA (in the case of a
				  transit project) concur that it has potential regional impacts for any
				  reason.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Table 3 - Projects Exempt From Regional Emissions Analyses

Current through Register Vol. 30, No. 28, July 12, 2024
Projects Exempt From Regional
							 Emissions Analyses
1.
Intersection channelization projects.
2.
Intersection signalization projects at individual
							 intersections.
3.
Interchange reconfiguration projects.
4.
Changes in vertical and horizontal
							 alignment.
5.
Truck size and weight inspection
							 stations.
6.
Bus terminals and transfer points.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1436 - Special Provisions for Nonattainment Areas Which Are Not Required to Demonstrate Reasonable Further Progress and Attainment

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Section applies in the following
				areas:
1. Rural transport ozone nonattainment
				areas,
2. Marginal ozone
				areas,
3. Submarginal ozone
				areas,
4. Transitional ozone
				areas,
5. Incomplete data ozone
				areas,
6. Moderate CO areas with a
				design value of 12.7 ppm or less,
7. Not classified CO areas.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 14 - CONFORMITY DETERMINATIONS › Section R18-2-1438 - General Conformity for Federal Actions

Current through Register Vol. 30, No. 28, July 12, 2024
The following subparts of 40 CFR 93, Determining Conformity
				  of Federal Actions to State or Federal Implementation Plans, and all
				  accompanying appendices, adopted as of July 1, 1994, and no future editions,
				  are incorporated by reference. These standards are on file with the Office of
				  the Secretary of State and with the Department and shall be applied by the
				  Department.
Subpart B - Determining Conformity of General Federal Actions
				  to State or Federal Implementation Plans (58 FR 63253, November 30,
				  1993).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 15 - FOREST AND RANGE MANAGEMENT BURNS › Section R18-2-1501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions contained in A.R.S. §
				  49-501 and R182-101, in this Article:
1. "Activity fuels" means those fuels created
				by human activities such as thinning or logging.
2. "ADEQ" means the Arizona Department of
				Environmental Quality.
3. "Annual
				emissions goal" means the annual establishment in cooperation with the F/SLMs,
				under R18-2-1503(G), of a planned quantifiable value of emissions reduction
				from prescribed fires and fuels management activities.
4. "Assisting" means an agency or
				organization providing personnel, services, or other resources to the agency
				with direct responsibility for prescribed fire management.
5. "Burn Accomplishment Form" means the
				online database form as provided by the director to be completed for each
				approved or approved with conditions Daily Burn Request, with details of the
				conducted prescribed burn.
6. "Burn plan" for the
				purposes of this article means the ADEQ online database form as provided by the
				director that includes information on the conditions under which a burn will
				occur with details of the burn and smoke management prescriptions.
7.
				"Burn prescription" means, with regard to a burn project, the pre-determined
				area, fuel, and weather conditions required to attain planned resource
				management objectives.
8. "Burn project" means
				an active or planned prescribed burn.
9. "Daily Burn Request" means the online
				database form as provided by the director that allows burners to request for
				permission to ignite on a single specific day, submitted under an acknowledged
				Burn Plan.
10. "Daily Burn
				Authorization Process" means the daily process by which ADEQ reviews and
				approves, approves with conditions, or disapproves "Daily Burn Requests" for
				the following day.
11. "Director"
				means the Director of ADEQ.
12.
				"Duff" means forest floor material consisting of decomposing needles and other
				natural materials.
13. "Emission reduction
				techniques (ERT)" means methods for controlling emissions from prescribed fires
				to minimize the amount of emission output per unit of area burned.
14.
				"Federal land manager (FLM)" means any department, agency, delegee, or agent of
				the federal government, including the following:
a. United States Forest Service,
b. United States Fish and Wildlife
				Service,
c. National Park
				Service,
d. Bureau of Land
				Management,
e. Bureau of
				Reclamation,
f. Department of
				Defense,
g. Bureau of Indian
				Affairs, and
h. Natural Resources
				Conservation Service.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 15 - FOREST AND RANGE MANAGEMENT BURNS › Section R18-2-1502 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. A F/SLM that is
				conducting or assisting a prescribed burn shall follow the requirements of this
				Article.
B. A private burner may
				conduct burns under this article if assisted by an F/SLM
C. The provisions of this Article apply to
				all areas of the state except Tribal Nations and Communities land which has the
				same meaning as the term defined in
				18 U.S.C. §
										1151. All federally managed lands and all
				state lands, parks, and forests are under the jurisdiction of ADEQ in matters
				relating to air pollution from prescribed burning.
D. Notwithstanding subsection (C), any Tribal
				Nations and Communities may enter into a memorandum of agreement with ADEQ to
				implement this article.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 15 - FOREST AND RANGE MANAGEMENT BURNS › Section R18-2-1503 - Annual , Program Evaluation and Planning

Current through Register Vol. 30, No. 28, July 12, 2024
A. ADEQ shall hold
				a meeting after January 31 and before April 1 of each year between ADEQ and
				F/SLM to evaluate the program and set the annual emissions goals to minimize
				prescribed fire emissions to the maximum extent feasible using emission
				reduction techniques and non-burning alternatives to fire subject to economic,
				technical, and safety feasibility criteria, and consistent with land management
				objectives.
B. Outside of the
				annual meeting, ADEQ may request additional information about future prescribed
				burns to support regional coordination of smoke management, annual emission
				goal setting using ERTs, and non-burning alternatives to fire.
C.
At least once every
				  five years, ADEQ shall request long-term projections of future prescribed fire
				  activity from the F/SLM to support planning for visibility impairment and
				  assessment of air quality concerns by ADEQ.
D. F/SLM may submit topics to discuss at the
				yearly meeting by contacting ADEQ.