Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 250 - GENERAL CONFORMITY › Section 340-250-0080 - Criteria for Determining Conformity of General Federal Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An action
			 required under OAR
			 340-250-0020  to
			 have a conformity determination for a specific pollutant, will be determined to
			 conform to the applicable SIP if, for each pollutant that exceeds the rates in
			 340-250-0020(3),
			 or otherwise requires a conformity determination due to the total of direct and
			 indirect emissions from the action, the action meets the requirements of
			 section (3) of this rule, and meets any of the following requirements:
(a) For any criteria pollutant, the total of
			 direct and indirect emissions from the action are specifically identified and
			 accounted for in the applicable SIP's attainment or maintenance
			 demonstration;
(b) For ozone or
			 nitrogen dioxide, the total of direct and indirect emissions from the action
			 are fully offset within the same nonattainment area or maintenance area through
			 a revision to the applicable SIP or a similarly enforceable measure that
			 effects emission reductions so that there is no net increase in emissions of
			 that pollutant;
(c) For any
			 criteria pollutant, except ozone and nitrogen dioxide, the total of direct and
			 indirect emissions from the action meet the requirements:
(A) Specified in section (2) of this rule,
			 based on areawide air quality modeling analysis and local air quality modeling
			 analysis; or
(B) Meet the
			 requirements of subsection (e) of this section and, for local air quality
			 modeling analysis, the requirements of section (2) of this rule.
(d) For CO or PM10:
(A) Where the Department or local air quality
			 agency primarily responsible for the applicable SIP determines that an areawide
			 air quality modeling analysis is not needed, the total of direct and indirect
			 emissions from the action meet the requirements specified in section (2) of
			 this rule, based on local air quality modeling analysis; or
(B) Where the Department or local air quality
			 agency primarily responsible for the applicable SIP determines that an areawide
			 air quality modeling analysis is appropriate and that a local air quality
			 modeling analysis is not needed, the total of direct and indirect emissions
			 from the action meet the requirements specified in section (2) of this rule,
			 based on areawide modeling, or meet the requirements of subsection (e) of this
			 section.
(e) For ozone
			 or nitrogen dioxide, and for purposes of subsections (c)(B) and (d)(B) of this
			 section, each portion of the action or the action as a whole meets any of the
			 following requirements:
(A) Where EPA has
			 approved a revision to an area's attainment or maintenance demonstration after
			 1990 and the state makes a determination as provided in subparagraph (i) of
			 this paragraph or where the state makes a commitment as provided in
			 subparagraph (ii) of this paragraph:
(i) The
			 total of direct and indirect emissions from the action, or portion thereof, is
			 determined and documented by the state agency primarily responsible for the
			 applicable SIP to result in a level of emissions which, together with all other
			 emissions in the nonattainment area or maintenance area, would not exceed the
			 emissions budgets specified in the applicable SIP;
(ii) The total of direct and indirect
			 emissions from the action (or portion thereof) is determined and documented by
			 the state agency primarily responsible for the applicable SIP to result in a
			 level of emissions which, together with all other emissions in the
			 nonattainment area or maintenance area, would not exceed the emissions budget
			 specified in the applicable SIP and the State Governor or the Governor's
			 designee for SIP actions makes a written commitment to EPA which includes the
			 following:
(I) A specific schedule for
			 adoption and submittal of a revision to the applicable SIP which would achieve
			 the needed emission reductions prior to the time emissions from the federal
			 action would occur;
(II)
			 Identification of specific measures for incorporation into the applicable SIP
			 which would result in a level of emissions which, together with all other
			 emissions in the nonattainment area or maintenance area, would not exceed any
			 emissions budget specified in the applicable SIP;
(III) A demonstration that all existing
			 applicable SIP requirements are being implemented in the area for the
			 pollutants affected by the federal action, and that local authority to
			 implement additional requirements has been fully pursued;
(IV) A determination that the responsible
			 federal agencies have required all reasonable mitigation measures associated
			 with their action; and
(V) Written
			 documentation including all air quality analyses supporting the conformity
			 determination.
(iii)
			 Where a federal agency made a conformity determination based on a state
			 commitment under subparagraph (ii) of this paragraph such a state commitment is
			 automatically deemed a call for a SIP revision by EPA under Section 110(k)(5)
			 of the Act, effective on the date of the federal conformity determination and
			 requiring response within 18 months or any shorter time within which the state
			 commits to revise the applicable SIP.
(B) The action, or portion thereof, as
			 determined by the MPO, is specifically included in a current transportation
			 plan and transportation improvement program which have been found to conform to
			 the applicable SIP under
40 CFR part 51, subpart T (July 1,1994)
or
40 CFR part 93, subpart A (July 1, 1994)
, and OAR 340 division
			 252.
(C) The action, or portion
			 thereof, fully offsets its emissions within the same nonattainment area or
			 maintenance area through a revision to the applicable SIP or an equally
			 enforceable measure that effects emission reductions equal to or greater than
			 the total of direct and indirect emissions from the action so that there is no
			 net increase in emissions of that pollutant;
(D) Where EPA has not approved a revision to
			 the relevant SIP attainment or maintenance demonstration since 1990, the total
			 direct and indirect emissions from the action for the future years (described
			 in OAR
			 340-250-0090(4)) do not increase emissions with respect to the baseline emissions:
(i) The baseline emissions reflect the
			 historical activity levels that occurred in the geographic area affected by the
			 proposed federal action during:
(I) Calendar
			 year 1990;
(II) The calendar year
			 that is the basis for the classification, or, where the classification is based
			 on multiple years, the most representative year, if a classification is
			 promulgated in
40 CFR part 81  (July 1, 1994)
; or
(III) The year of the baseline inventory in
			 the PM10 applicable SIP.
(ii) The baseline emissions are the total of
			 direct and indirect emissions calculated for the future years (described in OAR
			 340-250-0090(4)) using the historic activity levels (described in subparagraph (i) of this
			 paragraph) and appropriate emission factors for the future years;
			 or
(E) Where the action
			 involves regional water or wastewater projects, such projects are sized to meet
			 only the needs of population projections that are in the applicable
			 SIP.