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Last Updated: Thursday, April 17, 2008 9:10 AM

General Announcements and References

Announcements are courtesy of various conformity working group members. Most links on this page are to sites external to Caltrans. PDF files require Acrobat Reader software from Adobe; DOC and XLS files require recent (generally 2000 version or later) Microsoft Word/Excel or compatible word processing or spreadsheet software, or Word or Excel viewer software from Microsoft.

Note: PDF files may have been converted from word processing or spreadsheet formats supplied by Conformity Working Group members or others, for consistency of presentation and accessibility. PDF files should retain the print formatting of the original document. Files in other formats may not follow the original documents print formatting, and are provided for content accessibility only.

KEY REFERENCES

Conformity Rule Reference Packages
(Updated 4/17/2008)

Section 176(c) of the Clean Air Act (42 USC 7506(c)) (January 2008, PDF file)
with updates per SAFETEA-LU, maintained by EPA

Consolidated Conformity Rule (January 2008, PDF file)
This is now maintained by EPA.

An online version of the conformity rule is available from the GPO Access web site, in the experimental "eCFR" section (all are ).

EPA SAFETEA-LU AND OTHER CONFORMITY RULE REVISIONS (uPDATED 3/27/2008)

EPA's Final Rule amending the conformity regulations to address changes required by SAFETEA-LU was published in the Federal Register on January 24, 2008. The rule largely though not completely replaces the February 2, 2006 Interim Guidance regarding SAFETEA-LU effects on conformity. All are

• Final Rule (text) (PDF)
• 2006 Interim Guidance (PDF only)
  • Related 2004 Guidance (PDF only)

FHWA Conformity Review Checklists (UPDATED 6/25/2007)

FHWA California Division's conformity checklists. Microsoft Word versions are "templates" that can be edited for use in a conformity document. PDF versions are primarily for viewing and printing.

• MPOs version (Word) (PDF)
• Isolated Rural Areas version (Word) (PDF)
• Reliance on a Previous Emission Analysis (Word) (PDF)
• Project-Level Conformity Analysis (Word) (PDF)

PM2.5 Hot Spot Rule and Guidance (updated 3/21/2007)

Rule was published 3/10/2006; effective 4/5/2006. Qualitative Analysis Guidance published on EPA web site 3/29/2006.

• Rule
• Guidance
  • Extracted page: examples of projects that are not Projects of Concern (PDF)
• FAQs
• Presentations from 6/7/006 "webinar" presented by FHWA and EPA (all PDF files)
  • Section 1 - PM Basics/Intro
  • Section 2 - Conformity Requirements
  • Section 3 - Analytical Requirements
  • Section 4 - Developing a Hotspot Analysis
• FHWA California Div. PM2.5 Project-Level Conformity Outline (MS Word)
• SCAG Transportation Conformity Working Group web site
  (see Project-Level Conformity section)

Key Conformity Web Sites

EPA's Conformity Web Site:http://www.epa.gov/otaq/stateresources/transconf/index.htm

Federal Highways' conformity web site: http://www.fhwa.dot.gov/environment/conform.htm

EPA Region IX Contact List

PDF file only. Current as of January 2007.

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NEWS ITEMS

April 17, 2008 - FHWA NEPA-RTP-TIP Guidance

FHWA circulated a memo (PDF file) in February 2008 that appears to change how projects must be listed in the RTP and TIP before environmental and preliminary engineering work starts. A prior (2003) FHWA memo also still applies (PDF file ).

FHWA noted in a March meeting (from CFPG meeting notes):

This issue pertains to Planning and the relationship to the information that needs to be in the FTIP. If the project is programmed in the TIP, but is not fully funded in the RTP, you must have at least an environmental process/study funded in the RTP. This actually allows more flexibility, especially for the earmarks. This allows you to get near the end of the environmental process before full funding for the project is required in the RTP. There must be an indication of the project in the Plan or some reference to the project if leading to NEPA document. This may have conformity implications if a project is in PE in the TIP and considered a study in the RTP – conformity will be required when additional funds are added in the RTP.

March 21, 2007 - EPA letter discussing effect of December 22, 2006 8-hour ozone court decision

From EPA:

Attached please find a 3/19/07 memo from William Wehrum, EPA's Acting Assistant Administrator for Air and Radiation. The memo discusses the impacts of the 12/22/06 decision by the DC Circuit Court of Appeals regarding EPA's Phase I Implementation Rule for 8-hour ozone. Although he recognizes that some requirements applicable to areas may change, Mr. Wehrum concludes that it is prudent for States to continue efforts to develop and submit 8-hour ozone plans expeditiously in order to protect public health.

We will keep you informed on further developments. In addition to the EPA headquarters contacts identified in the memo, you may direct questions to Dave Jesson (jesson.david@epa.gov, 415/972-3957) or John Kelly (kelly.johnj@epa.gov, 415/947-4151) of my staff.

Deborah Jordan
Director, Air Division
USEPA Region 9
75 Hawthorne Street
San Francisco, CA 94105-3901

EPA HQ letter (PDF only - scanned image)

December 22 Court Decision (PDF only - at the Court's web site)

December 11, 2006 - AASHTO Center for Environmental Excellence Air Quality Section

The AASHTO Center for Environmental Excellence web site has added an Air Quality section with good quick summaries of a number of transportation-related air quality issues including Conformity. A good list of links to agencies and relevant documents is included.

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