Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.13 - Conformity › Rule 17.8.1305 - CONSULTATION REQUIREMENTS: APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1)
				The consultation procedures set out in this subchapter must be utilized by the
				department and local air quality agencies in developing applicable air quality
				control plans, and by the Federal Highway Administration (FHWA) and Federal
				Transit Administration (FTA), MDT, MPOs, and local transportation planning
				agencies in making conformity determinations or in deciding that a conformity
				determination is not necessary because a revision to a transportation plan or
				transportation improvement program merely adds or deletes an exempt project
				listed in 40 CFR Part 93, subpart A.
(2) Tables A through E below identify the
				specific actions for which consultation is required under this subchapter, and
				specify the parties, timing, methods, and documentation required for
				consultations. TABLE A
ACTION: Research and Data Collection.
RESPONSIBLE ENTITY: MDT, DEQ, MPO, local air quality and
				  transportation planning agencies
Action Step
Consult with
When to Consult
Consultation Method
Consultation Documentation
1. Design/scheduling funding of research and data
						  collection for transportation related air quality inventories, transportation
						  modeling, or planning efforts
local air and transportation agencies, MPO, DEQ, MDT
before starting research or data collection
letter of notification (meet at consulted agency
						  request)
not required
2. Completion of project
same as above
project completion
distribute summary of findings
not required
TABLE B
ACTION: Preparation or revision of emission inventory
				  (involving transportation-related emission sources).
RESPONSIBLE ENTITY: Local air quality agency or DEQ.
Action Step
Consult with
When to Consult
Consultation Method
Consultation Documentation
1. Selection of methods, models, assumptions, data
						  sources for determining transportation emissions
local transportation and air agencies, MPO, DEQ, MDT,
						  EPA, FHWA, FTA
before starting analysis using these parameters
letter of notification (meet at consulted agency
						  request)
describe consultation, response, and response use in
						  draft inventory
2. Release of draft emission inventory
same as above
release of draft inventory
distribution of draft inventory
discuss in final inventory
3. Release of final emission inventory
same as above
release of final inventory
distribution of final inventory *
not required
* If consultation on draft does not result in any revisions,
				  distribution of a separate final document is not required. In this case
				  consulted agencies may simply be notified that the draft has been adopted as
				  final. TABLE C
ACTION: Preparation or revision of air quality control
				  plan.
RESPONSIBLE ENTITY: Local air quality agency or DEQ.
Action Step
Consult with
When to Consult
Consultation Method
Consultation Documentation
1. Selection of methods, models, assumptions, data
						  sources for determining transportation-related emissions*
local transportation and air agencies, MPO, DEQ, MDT,
						  FTA, FHWA, EPA
before starting analysis using these parameters
letter of notification(meet at consulted agency
						  request)
describe consultation, response, and response use in
						  draft control plan
2. Selecting transportation-related control strategies,
						  transportation control measures (TCMs), and proposed transportation emissions
						  budget
same as above
before strategy /TCM selection and budget allocation
letter of notification(meet at consulted agency
						  request)
draft control plan
3. Distribution of draft control plan
same as above
release of proposed control plan
Distribute proposed control plan
Written response to consulted agency comment
4. State conflict resolution appeal period, per ARM
						  17.8.1312
local transportation and air agencies, MPO, DEQ,
						  MDT
initiated by responsible entity written response to
						  comments on draft
appeals to governor by consulted agencies
discuss comments on draft, appeals (if any), and appeal
						  resolution in final document
5. Adoption of final control plan (emission budget
						  determination)
local transportation and air agencies, MPO, DEQ, MDT,
						  FHWA, FTA, EPA
upon end of appeal period or resolution of any
						  appeals
distribute final control plan**
not required
* Consultation at this step is not required if these factors
				  are unchanged from those used in an emission inventory on which consultation
				  requirements were fulfilled.
** If consultation on draft does not result in an appeal to
				  the governor or in any revisions to the draft, distribution of a separate final
				  document is not required. In this case consulted agencies may simply be
				  notified that the draft has been adopted as final.
TABLE D
ACTION: Transportation Conformity Determination (for
				  Transportation Plan, Transportation Improvement Program (TIP), Transportation
				  Project, and Hot-Spot Analyses.
RESPONSIBLE ENTITY: MPO (MDT outside metropolitan areas and
				  for issues covered in ARM
				  17.8.1310(1)(h) and
				  (i) ).
** NOTE **For guidance relating to the specific action steps
				  required for plan, TIP, project, or hot-spot analysis (and directions for
				  accomplishing those steps) refer to 40 CFR Part 93.
Action Step
Consult with
When to Consult
Consultation Method
Consultation Documentation
1. Selection of methods, models, assumptions, data
						  sources, and routes (including any minor arterials and projects otherwise
						  exempted) to be used in emissions analysis*
local transportation and air agencies, DEQ, MDT, FHWA,
						  FTA, EPA
before starting analysis using these parameters
letter of notification (meet at consulted agency
						  request)
discuss consultation, response, and response use in
						  draft determination
2. Identify projects to be included in the analysis
						  (include exempt projects treated as nonexempt)*
same as above
upon initial selection and any revisions during
						  analysis
same as above
same as above
3. Determine TCM implementation status per
						  40 CFR
						  93.113 *
same as above
before starting emission analysis
same as above
discuss in draft conformity determination
4. Draft conformity determination release
same as above
before or with draft plan, TIP, or project document
						  release
distribute determination
written response to comment on draft determination
* Consultation on these steps will often be done
				  concurrently.
(Table D continued next page) Table D (Continued)
Action Step
Consult with
When to Consult
Consultation Method
Consultation Documentation
5. State conflict resolution appeal period, per ARM
						  17.8.1312
local air and transportation agencies, MPO, DEQ, MDT
initiated by responsible entity written response to
						  comments on draft determination
appeals to governor by consulted agencies
discuss comments on draft, appeals (if any), and appeal
						  resolution in final determination
6. Responsible entity final conformity determination
FHWA, FTA (notify local air and transportation agencies,
						  MPO, DEQ, MDT)
upon conclusion of appeal period or resolution of any
						  appeals
distribute and request concurrence from FHWA and FTA
not required
7. Conformity determination concurrence by FHWA and
						  FTA
local air and transportation agencies, DEQ, MDT, FHWA,
						  FTA, EPA
upon notice of FHWA and FTA concurrence
distribute final plan, TIP, or project document
summarize consultation process and conformity
						  determination in final plan, TIP, or project document
TABLE E
ACTION: Determination that a transportation plan or TIP
				  revision or amendment merely adds or deletes exempt projects listed in
				  40 CFR
				  93.126.
RESPONSIBLE ENTITY: MPO or MDT.
Action Step
Consult with
When to Consult
Consultation Method
Consultation Documentation
1. Identification of projects included in the revision
						  or amendment and initial finding that all are exempt and do not hinder TCM
						  implementation
local transportation and air agencies, DEQ, MDT, FHWA,
						  FTA, EPA
upon preliminary determination that all projects are
						  exempt
letter of notification (meet at consulted agency
						  request)
describe consultation, response, and response use in
						  notice of final determination
2. Determination that all included projects are exempt
						  and do not interfere with TCM implementation
same as above
upon responsible entity determination
same as above
not required
OR
3. Determination that one
						  or more included projects are not exempt or do interfere with TCM
						  implementation
same as above
upon responsible entity determination
same as above
implement conformity determination process, per Table
						  D
75-2-111, MCA; IMP,
					 75-2-202,
					 MCA;