Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 252 - TRANSPORTATION CONFORMITY › Section 340-252-0060 - Consultation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General:
(a) This section provides procedures for
			 interagency consultation (Federal, State, and local) and resolution of
			 conflicts. Consultation shall be undertaken by MPOs, the Oregon Department of
			 Transportation, affected local jurisdictions, and United States Department of
			 Transportation before making conformity determinations and in developing
			 regional transportation plans and transportation improvement programs.
			 Consultation shall be undertaken by a lead planning agency, the Department of
			 Environmental Quality, the Lane Regional Air Protection Agency (for actions in
			 Lane County which are subject to this division), or any other regional air
			 authority, and United States Environmental Protection Agency in developing
			 applicable implementation plans.
(b) The lead planning agency, the Department
			 of Environmental Quality, the Lane Regional Air Protection Agency for Lane
			 County, or any other regional air authority, shall be the lead agency
			 responsible for preparing the final document or decision and for assuring the
			 adequacy of the interagency consultation process with respect to the
			 development, amendment or revision (except administrative amendments or
			 revisions) of an applicable implementation plan including, the motor vehicle
			 emissions budget. The MPO, Oregon Department of Transportation, or any other
			 party responsible for making conformity determinations pursuant to this rule,
			 shall be the lead agency responsible for preparing the final document or
			 decision and for assuring the adequacy of the interagency consultation process
			 with respect to the development of the transportation plan, the TIP, and any
			 determinations of conformity under this rule. The project sponsor shall be
			 responsible for assuring the conformity of FHWA/FTA projects and regionally
			 significant projects approved or adopted by a recipient of funds under title
			 23.
(c) In addition to the lead
			 agencies identified in subsection (b), other agencies entitled to participate
			 in any interagency consultation process under OAR
			 340-252-0060  include
			 the Oregon Department of Transportation, both headquarters and each affected
			 regional or district office, each affected MPO, the Federal Highway
			 Administration regional office in Portland and State division office in Salem,
			 the Federal Transit Administration regional office, the Department of
			 Environmental Quality, both headquarters and each affected regional office, any
			 affected regional air authority, the United States Environmental Protection
			 Agency, both headquarters and each affected regional or district office, and
			 any other organization within the State responsible under State law for
			 developing, submitting or implementing transportation-related provisions of an
			 implementation plan, any local transit agency, and any city or county
			 transportation or air quality agency.
(d) Specific roles and responsibilities of
			 various participants in the interagency consultation process shall be as
			 follows:
(A) The lead planning agency, the
			 Department of Environmental Quality, the Lane Regional Air Protection Agency,
			 or any other regional air authority, shall be responsible for developing:
(i) Emissions inventories;
(ii) Emissions budgets;
(iii) Attainment and maintenance
			 demonstrations;
(iv) Control
			 strategy implementation plan revisions; and
(v) Updated motor vehicle emissions factors.
(B) 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:
(i) Developing transportation plans and TIPs,
			 and making corresponding conformity determinations;
(ii) Making conformity determinations for the
			 entire nonattainment or maintenance area including areas beyond the boundaries
			 of the MPO where no agreement is in effect as required by
23 CFR
			 ¦450.310
(
f
);
(iii) Monitoring regionally significant
			 projects;
(iv) Developing and
			 evaluating TCMs in nonattainment and/or maintenance areas;
(v) Providing technical and policy input on
			 emissions budgets;
(vi) Performing
			 transportation modeling, regional emissions analyses and documenting timely
			 implementation of TCMs as required for determining conformity;
(vii) Distributing draft and final project
			 environmental documents which have been prepared by the MPO to other
			 agencies.
(E) The Oregon
			 Department of Transportation shall be responsible for:
(i) Providing technical input on proposed
			 revisions to motor vehicle emissions factors;
(ii) Distributing draft and final project
			 environmental documents prepared by ODOT to other agencies;
(iii) Convening air quality technical review
			 meetings on specific projects when requested by other agencies or, as
			 needed;
(iv) Convening interagency
			 consultation meetings required for purposes of making conformity determinations
			 in non-metropolitan nonattainment or maintenance areas;
(v) Making conformity determinations in
			 non-metropolitan nonattainment or maintenance area.
(F) The project sponsor shall be responsible
			 for;
(i) Assuring project level conformity
			 including, where required by this rule, localized air quality
			 analysis;
(ii) Distributing draft
			 and final project environmental documents prepared by the project sponsor to
			 other agencies.
(G) The
			 Federal Highway Administration and Federal Transit Administration shall be
			 responsible for assuring timely action on final findings of conformity, after
			 consultation with other agencies as provided in this section and
40 CFR
			 § 93
.
105
.
(H) United State Environmental Protection
			 Agency shall be responsible for:
(i)
			 Reviewing and approving updated motor vehicle emissions factors; and
(ii) Providing guidance on conformity
			 criteria and procedures to agencies in interagency
			 consultation.
(I) Any
			 agency, by mutual agreement with another agency, may take on a role or
			 responsibility assigned to that other agency under this rule.
(J) In metropolitan areas, any state or local
			 transportation agency, or transit agency shall disclose regionally significant
			 projects to the MPO standing committee established under OAR
			 340-252-0060(2)(b)  in a timely manner.
(i) Such disclosure shall be made not later
			 than the first occasion on which any of the following actions is sought:
			 adoption or amendment of a local jurisdiction's transportation system plan to
			 include a proposed project, the issuance of administrative permits for the
			 facility or for construction of the facility, the execution of a contract for
			 final design or construction of the facility, the execution of any indebtedness
			 for the facility, any final action of a board, commission or administrator
			 authorizing or directing employees to proceed with final design, permitting or
			 construction of the project, or any approval needed for any facility that is
			 dependent on the completion of the regionally significant project.
(ii) To help assure timely disclosure, the
			 sponsor of any potentially regionally significant project shall disclose to the
			 MPO annually on or before July 1.
(iii) In the case of any regionally
			 significant project that has not been disclosed to the MPO and other interested
			 agencies participating in the consultation process in a timely manner, such
			 regionally significant project shall be deemed not to be included in the
			 regional emissions analysis supporting the currently conforming TIP's
			 conformity determination and not to be consistent with the motor vehicle
			 emissions budget in the applicable implementation plan, for the purposes of 40
			 CFR ¦93.121.
(K)
			 In non-metropolitan areas, any state or local transportation agency, or transit
			 agency shall disclose regionally significant projects to Oregon Department of
			 Transportation in a timely manner.
(i) Such
			 disclosure shall be made no later than the first occasion on which any of the
			 following actions is sought: adoption or amendment of a local jurisdiction's
			 transportation system plan to include a proposed project, the issuance of
			 administrative permits for the facility or for construction of the facility,
			 the execution of a contract for final design or construction of the facility,
			 the execution of any indebtedness for the facility, any final action of a
			 board, commission or administrator authorizing or directing employees to
			 proceed with final design, permitting or construction of the project, or any
			 approval needed for any facility that is dependent on the completion of the
			 regionally significant project.
(ii) To help assure timely disclosure, the
			 sponsor of any potentially regionally significant project shall disclose to
			 Oregon Department of Transportation as requested. Requests for disclosure shall
			 be made in writing to any affected state or local transportation or transit
			 agency.