MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT

RULE 2001 - TRANSPORTATION CONFORMITY
(Adopted: 10/26/94; Amended: 02/22/95; Amended: 06/22/98)

(A) General

  1. Purpose:
    1. The purpose of this rule is to implement section 176(c) of the Clean Air Act (FCAA) as amended (42 U.S.C. 7506 et seq.), and the related requirements of 23 U.S.C. 109(j), with respect to the conformity of transportation plans, programs, and projects. This is also intended to comply with the requirements promulgated by the United States Environmental Protection Agency (USEPA) as set forth in the provisions of Part 93, Subpart A, Chapter I, Title 40 of the Code of Federal Regulations (40 CFR 93).
  2. Applicability:
    1. This rule shall apply to any action as specified in 40 CFR §93.102(a) (incorporated herein by this reference) and geographical area as specified in 40 CFR §93.102(b) (incorporated herein by this reference).
    2. This rule shall not apply to any action exempted from Transportation Conformity requirements pursuant to the provisions of 40 CFR §93.126 (incorporated herein by this reference).
    3. This rule shall have limited application to actions pursuant to the provisions of 40 CFR §93.102(c) (incorporated herein by this reference).
    4. This rule shall have no application to actions pursuant to the provisions of 40 CFR §93.102(d) - Grace Period for New Nonattainment Areas

(B) Definitions

  1. For the purpose of this rule the definitions contained in 40 CFR §93.101 shall apply.
  2. For the purpose of this rule, the following definitions shall apply.
    1. Air District means Mojave Desert Air Quality Management District (MDAQMD).
    2. County Transportation Commission (CTC) means the Riverside County Transportation Commission (RCTC) and San Bernardino Associated Governments (SANBAG).
    3. Local Governments means incorporated cities within the Riverside and San Bernardino County portion of the Mojave Desert Air Basin.
    4. Metropolitan Planning Organization (MPO) means the Southern California Association of Governments (SCAG).
    5. State Air Agency means the California Air Resources Board (CARB).

(C) General Requirements for Transportation Conformity

  1. The following provisions are adopted by reference and are included as part of this rule as if fully set forth herein:
    1. 40 CFR §93.103 - Priority
    2. 40 CFR §93.104 - Frequency of Conformity Determinations
    3. 40 CFR §93.105 - Consultation
      1. Consultation and procedures as required by 40 CFR 93, Part A shall be set forth in Rule 2003 - Interagency Consultation for Transportation Conformity and/or any subsequent adopted revisions or amendments once such revisions are approved into the applicable implementation plan by USEPA.
    4. 40 CFR §93.106 - Content of Transportation Plans
    5. 40 CFR §93.107 - Relationship of Transportation Plan and Transportation Improvement Program (TIP) Conformity with the National Environmental Policy Act Process
    6. 40 CFR §93.108 - Fiscal Constraints for Transportation Plans and TIPs

(D) Criteria and Procedures for Determining Conformity of Transportation Plans, Programs and Projects

  1. The following provisions are adopted by reference and are included as part of this rule as if fully set forth herein:
    1. 40 CFR §93.109 - Criteria and Procedures for Determining Conformity of Transportation Plans, Programs, and Projects: General
    2. 40 CFR §93.110 - Criteria and Procedures: Latest Planning Assumptions
    3. 40 CFR §93.111 - Criteria and Procedures: Latest Emissions Model
    4. 40 CFR §93.112 - Criteria and Procedures: Consultation
    5. 40 CFR §93.113 - Criteria and Procedures: Timely Implementation of Transportation Control Measures (TCMs).
    6. 40 CFR §93.114 - Criteria and Procedures: Currently Conforming Transportation Plan and TIP
    7. 40 CFR §93.115 - Criteria and Procedures: Projects from a Plan and TIP
    8. 40 CFR §93.116 - Criteria and Procedures: Localized CO and PM10 Violations (Hot Spots)
    9. 40 CFR §93.117 - Criteria and Procedures: Compliance with PM10 Control Measures
    10. 40 CFR §93.118 - Criteria and Procedures: Motor Vehicle Emissions Budget
    11. 40 C(FR §93.119 - Criteria and Procedures: Emission Reductions in Areas without Vehicle Emissions Budgets

(E) Additional Requirements for Determining Conformity of Transportation Plans, Programs and Projects

  1. The following provisions are adopted by reference and are included as part of this rule as if fully set forth herein:
    1. 40 CFR §93.120 - Consequences of Control Strategy Implementation Plan Failures
    2. 40 CFR §93.121 - Requirements for Adoption or Approval of Projects by Other Recipients of Funds Designated under Title 23 U.S.C. or the Federal Transit Laws
    3. 40 CFR §93.122 - Procedures for Determining Regional Transportation-Related Emissions
      1. Written commitments to control measures, that are not included in the transportation plan and TIP, must be obtained prior to a conformity determination and such commitments must be fulfilled.
    4. 40 CFR §93.123 - Procedures for Determining Localized CO and PM10 Concentrations (Hot Spot Analysis)
    5. 40 CFR §93.124 - Using the Motor Vehicle Emissions Budget in the Applicable Implementation Plan (or Implementation Plan Submission)
    6. 40 CFR §93.125 - Enforceability of Design Concept and Scope and Project Level Mitigation and Control Measures
      1. Written commitments to mitigation measures must be obtained prior to a positive conformity determination, and project sponsors must comply with such commitments.
    7. 40 CFR §93.126 - Exempt Requirements
    8. 40 CFR §93.127 - Projects Exempt from Regional Emissions Analyses
    9. 40 CFR §93.128 - Traffic Signal Synchronization Projects