GBUAPCD RULE 1206 CONSULTATION          
LAST REVISED 11/11/11
          
          
           1206  Consultation.

          (a)  General.
          This rule provides procedures for interagency consultation
          (Federal, State, and local) and resolution of conflicts.  Such
          consultation procedures shall be undertaken by MPOs, the State
          department of transportation, and DOT with State and local air
          quality agencies and EPA before making conformity determinations,
          and by State and local air agencies and EPA with MPOs, the State
          department of transportation, and DOT in developing applicable
          implementation plans.

          Before this implementation plan revision is approved by EPA, MPOs
          before making any conformity determinations shall provide
          reasonable opportunity for consultation with State air agencies,
          local air quality and transportation agencies, the State
          department of transportation, DOT, and EPA, including
          consultation on the issues described in paragraph (c)(1) of this
          section.

          (b)  Interagency consultation procedures:  General factors.

               (1)  (A)  Representatives of the MPOs, State and local air
                    quality planning agencies, and State and local
                    transportation agencies, and shall undertake an
                    interagency consultation process in accordance with
                    this section with each other and with local or regional
                    offices of EPA, FHWA, and FTA on the development of the
                    implementation plan, the list of TCMs in the applicable
                    implementation plan, the unified planning work program
                    under 23 CFR  450.314, the transportation plan, the
                    TIP, any revisions to the preceding documents, and all
                    conformity determinations required by this rule.

                    (B)  The Great Basin Unified Air Pollution Control
                    District 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 applicable
                    implementation plans and control strategy
                    implementation plan revisions and the list of TCMs in
                    the applicable implementation plan.

                    The MPO 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 unified
                    planning work program under 23 CFR  450.314, the
                    transportation plan, the TIP, and any amendments or
                    revisions thereto.  In the case of non-metropolitan
                    areas, the California Department of Transportation
                    shall be the lead agency responsible for preparing the
                    final document or decision for regional and localized
                    actions, and for assuring the adequacy of the
                    interagency consultation process with respect to the
                    development of the Statewide transportation plan, the
                    STIP, and any amendments or revisions thereto.  The MPO
                    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 any determinations of conformity under this
                    rule for which the MPO is responsible.

                    (C)  In addition to the lead agencies identified in
                    subparagraph (B), other agencies entitled to
                    participate in any interagency consultation process
                    under this rule include the California Department of
                    Transportation, both headquarters and the District 9 &
                    10 Offices, the Town of Mammoth Lakes, the Federal
                    Highway Administration - California Division, the
                    Federal Transit Administration regional office, and the
                    California Air Resources Board.

                    (D)  It shall be the role and responsibility of each
                    lead agency in an interagency consultation process, as
                    specified in subparagraph (B), to confer with all other
                    agencies identified under subparagraph (C) with an
                    interest in the document to be developed, provide all
                    appropriate information to those agencies needed for
                    meaningful input, solicit early and continuing input
                    from those agencies, conduct the consultation process
                    described in the applicable paragraphs of  1206(b),
                    where required, assure policy-level contact with those
                    agencies, and, (except for actions subject to
                     1206(b)(7) or (c)(1)(vii)) prior to taking any
                    action, consider the views of each such agency and
                    respond to those views in a timely, substantive written
                    manner prior to any final decision on such document,
                    and assure that such views and written response are
                    made part of the record of any decision or action.   It
                    shall be the role and responsibility of each agency
                    specified in subparagraph (C), when not fulfilling the
                    role and responsibilities of a lead agency, to confer
                    with the lead agency and other participants in the
                    consultation process, review and comment as appropriate
                    (including comments in writing) on all proposed and
                    final documents and decisions in a timely manner,
                    attend consultation and decision meetings as
                    appropriate, assure policy-level contact with other
                    participants, provide input on any area of substantive
                    expertise or responsibility (including planning
                    assumptions, modeling, information on status of TCM
                    implementation, and interpretation of regulatory or
                    other requirements), and provide technical assistance
                    to the lead agency or consultation process in
                    accordance with this paragraph when requested.

                    (E)  Specific roles and responsibilities of various
                    participants in the interagency consultation process
                    shall be as follows:

                    (i)  The Great Basin Unified Air Pollution Control
                         District shall be responsible for developing
                         (I) emissions inventories, (II) emissions budgets,
                         (III) air quality modeling, (IV) attainment
                         demonstrations, (V) control strategy
                         implementation plan revisions, (VI) regulatory
                         TCMs, and (VII) updated motor vehicle emissions
                         factors;

                    (ii) The MPO shall be responsible for (I) developing
                         transportation plans and TIPs, (II) evaluating TCM
                         transportation impacts, (III) developing
                         transportation and socioeconomic data and planning
                         assumptions and providing such data and planning
                         assumptions to air quality agencies for use in air
                         quality analysis to determine conformity of
                         transportation plans, TIPs, and projects,
                         (IV) monitoring regionally significant projects,
                         (V) developing system- or facility-based or other
                         programmatic (non-regulatory) TCMs, (VI) providing
                         technical and policy input on emissions budgets,
                         and (VII) perform transportation modeling,
                         regional emissions analyses and documentation of
                         timely implementation of TCMs needed for
                         conformity assessments;

                    (iii)The California Department of Transportation shall
                         be responsible for (I) developing Statewide
                         transportation plans and STIPs, (II) providing
                         technical input on proposed revisions to motor
                         vehicle emissions factors, (III) distributing
                         draft and final project environmental documents to
                         other agencies, and (IV) convening air quality
                         technical review meetings on specific projects
                         when requested by other agencies or as needed;

                    (iv) FHWA and FTA shall be responsible for (I) assuring
                         timely action on final findings of conformity,
                         after consultation with other agencies as provided
                         in this section and 40 CFR  51.402, and
                         (II) provide guidance on conformity and the
                         transportation planning process to agencies in
                         interagency consultation; and

                    (v)  EPA 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.

                    (vi) The California Air Resources Board shall be
                         responsible for (I) reviewing all draft and final
                         State Implementation Plan (SIP) revisions for
                         compliance with applicable requirements, (II)
                         submitting SIP revisions to EPA, (III) developing
                         and soliciting input on and adopting updated motor
                         vehicle emission factors (EMFAC) for use in
                         control strategy SIP development, and (IV)
                         advocating the State's position on air quality-
                         related issues to federal agencies.

               (2)  Consultation on Regional Transportation Plans,
                    Transportation Improvement Programs, and State
                    Implementation Plans.

                    (A)  It shall be the affirmative responsibility of the
                    agency with the responsibility for preparing the final
                    document or decision subject to the interagency
                    consultation process to initiate the process by
                    notifying other participants, convene consultation
                    meetings early in the process of decision on the final
                    document, appoint the convenors of technical meetings,
                    and assure that all relevant documents and information
                    are supplied to all participants in the consultation
                    process in a timely manner.

                    (B)  Regular consultation on major activities such as
                    the development of an implementation plan or any
                    control strategy implementation plan revision, the
                    development of a transportation plan, the development
                    of a TIP, or any determination of conformity on
                    transportation plans or TIPs, shall include annual
                    meetings and shall be attended by representatives at
                    the technical level of each agency.  In addition,
                    policy meetings shall be convened as necessary.

                    (C)  Each lead agency in the consultation process
                    required under this section (that is, the agency with
                    the responsibility for preparing the final document
                    subject to the interagency consultation process) shall
                    confer with all other agencies identified under
                    paragraph (1) with an interest in the document to be
                    developed, provide all appropriate information to those
                    agencies needed for meaningful input, and, prior to
                    taking any action, consider the views of each such
                    agency and respond to those views in a timely,
                    substantive written manner prior to any final decision
                    on such document.  Such views and written response
                    shall be made part of the record of any decision or
                    action.

               (3)  Consultation on Transportation Projects.
               It shall be the affirmative responsibility of the agency
               with the responsibility for preparing the final document or
               decision subject to the interagency consultation process to
               initiate the process by notifying other participants early
               in the process of decision on the final document and assure
               that all relevant documents and information are supplied to
               all participants in the consultation process in a timely
               manner.  Such notification shall be provided within 30 days
               from the issuance of a final environmental assessment under
               the California Environmental Quality Act (CEQA) or within 30
               days prior to the preparation of the final document or
               decision if the proposed action is not subject to CEQA
               requirements.

               (4)  Each lead agency subject to an interagency consultation
               process under this section (including any Federal agency)
               shall provide each final document that is the product of
               such consultation process (including applicable
               implementation plans or implementation plan revisions,
               transportation plans, TIPs, and determinations of
               conformity), together with all supporting information, to
               each other agency that has participated in the consultation
               process within 7 days of adopting or approving such document
               or making such determination.  Any such agency may supply a
               checklist of available supporting information, which such
               other participating agencies may use to request all or part
               of such supporting information, in lieu of generally
               distributing all supporting information.

               (5)  A meeting that is scheduled or required for another
               purpose may be used for the purposes of consultation if the
               conformity consultation purpose is identified in the public
               notice for the meeting.

          (c)  Interagency consultation procedures:  Specific processes.

               (1)  An interagency consultation process in accordance with
               paragraph (b) involving the MPO, State and local air quality
               planning agencies, State and local transportation agencies,
               EPA, and DOT shall be undertaken for the following:
               (i)  Evaluating and choosing each model (or models) and
                    associated methods and assumptions to be used in hot-
                    spot analyses and regional emissions analyses,
                    including vehicle miles traveled (VMT) forecasting, to
                    be initiated by the Great Basin Unified Air Pollution
                    Control District and conducted in accordance with
                    paragraph (b)(2);

               (ii) Determining which minor arterials and other
                    transportation projects should be considered
                    "regionally significant" for the purposes of regional
                    emissions analysis (in addition to those functionally
                    classified as principal arterial or higher or fixed
                    guideway systems or extensions that offer an
                    alternative to regional highway travel), and which
                    projects should be considered to have a significant
                    change in design concept and scope from the
                    transportation plan or TIP, to be initiated by the
                    California Department of Transportation, Districts 9 or
                    10 and conducted in accordance with paragraph (b)(2);

               (iii)Evaluating whether projects otherwise exempted from
                    meeting the requirements of this rule (see  1235 and
                    1236) should be treated as non-exempt in cases where
                    potential adverse emissions impacts may exist for any
                    reason, to be initiated by the Great Basin Unified Air
                    Pollution Control District and conducted in accordance
                    with paragraph (b)(2);

               (iv) Making a determination, as required by  1214(c)(1),
                    whether past obstacles to implementation of TCMs which
                    are behind the schedule established in the applicable
                    implementation plan have been identified and are being
                    overcome, and whether State and local agencies with
                    influence over approvals or funding for TCMs are giving
                    maximum priority to approval or funding for TCMs, to be
                    initiated by the Great Basin Unified Air Pollution
                    Control District and conducted in accordance with
                    paragraph (b)(2).  This consultation process shall also
                    consider whether delays in TCM implementation
                    necessitate revisions to the applicable implementation
                    plan to remove TCMs or substitute TCMs or other
                    emission reduction measures;

               (v)  Making a determination, as required by  1230(b),
                    whether the project is included in the regional
                    emissions analysis supporting the currently conforming
                    TIP's conformity determination, even if the project is
                    not strictly "included" in the TIP for the purposes of
                    MPO project selection or endorsement, and whether the
                    project's design concept and scope have not changed
                    significantly from those which were included in the
                    regional emissions analysis, or in a manner which would
                    significantly impact use of the facility, to be
                    initiated by the Great Basin Unified Air Pollution
                    Control District and conducted in accordance with
                    paragraph (b)(2);

               (vi) Identifying, as required by  1232(d), projects located
                    at sites in PM10 nonattainment areas which have vehicle
                    and roadway emission and dispersion characteristics
                    which are essentially identical to those at sites which
                    have violations verified by monitoring, and therefore
                    require quantitative PM10 hot-spot analysis, to be
                    initiated by the Great Basin Unified Air Pollution
                    Control District and conducted in accordance with
                    paragraph (b)(2);

               (vii)Notification of transportation plan or TIP revisions or
                    amendments which merely add or delete exempt projects
                    listed in  1235, to be initiated by the California
                    Department of Transportation, District 9 or 10 and
                    conducted in accordance with paragraph (b)(2), other
                    than the requirement that such notice be provided prior
                    to final action;

               (viii)Determining what forecast of vehicle miles traveled
                    (VMT) to use in establishing or tracking emissions
                    budgets, developing transportation plans, TIPs, or
                    applicable implementation plans, or making conformity
                    determinations, to be initiated by the  Great Basin
                    Unified Air Pollution Control District and conducted in
                    accordance with paragraph (b)(2);

               (ix) Determining the definition of "reasonable professional
                    practice" for the purposes of  1231 and 1232(b), to
                    be initiated by the Great Basin Unified Air Pollution
                    Control District and conducted in accordance with
                    paragraph (b)(2); and

               (x)  Determining whether the project sponsor or MPO has
                    demonstrated that the requirements of  1217, 1219,
                    and 1220 are satisfied without a particular mitigation
                    or control measure, as provided in  1234(d), to be
                    initiated by the Great Basin Unified Air Pollution
                    Control District and conducted in accordance with
                    paragraph (b)(2).

               (2)  An interagency consultation process in accordance with
               paragraph (b) involving the MPO, State and local air quality
               planning agencies, and State and local transportation
               agencies, shall be undertaken for the following:

               (i)  Evaluating events which will trigger new conformity
                    determinations in addition to those triggering events
                    established in  1205, to be initiated by the GBUAPCD
                    and conducted in accordance with paragraph (b)(2); and

               (ii) Consulting on emissions analysis for transportation
                    activities which cross the borders of MPOs or
                    nonattainment areas or air basins, to be initiated by
                    the GBUAPCD and conducted in accordance with paragraph
                    (b)(2).

               (3)  Where the metropolitan planning area does not include
               the entire nonattainment or maintenance area, an interagency
               consultation process in accordance with paragraph (b)
               involving the MPO and the State department of transportation
               shall be undertaken for cooperative planning and analysis
               for purposes of determining conformity of all projects
               outside the metropolitan area and within the nonattainment
               or maintenance area, to be initiated by the California
               Department of Transportation, District 9 or 10, and
               conducted in accordance with paragraph (b)(2).

               (4)  (i)  An interagency consultation process in accordance
                    with paragraph (b) involving the MPO, State and local
                    air quality planning agencies, State and local
                    transportation agencies, and recipients of funds
                    designated under title 23 U.S.C. or the Federal Transit
                    Act shall be undertaken to assure that plans for
                    construction of regionally significant projects which
                    are not FHWA/FTA projects (including projects for which
                    alternative locations, design concept and scope, or the
                    no-build option are still being considered), including
                    all those by recipients of funds designated under title
                    23 U.S.C. or the Federal Transit Act, are disclosed to
                    the MPO on a regular basis, and to assure that any
                    changes to those plans are immediately disclosed.

                    (ii)  The sponsor of any such regionally significant
                    project, and any agency that becomes aware of any such
                    project through applications for approval, permitting
                    or funding or otherwise, shall disclose such project to
                    the MPO in a timely manner.  Such disclosure shall be
                    made not later than the first occasion on which any of
                    the following actions is sought:  any policy board
                    action necessary for the project to proceed, the
                    issuance of administrative permits for the facility or
                    for construction of the facility, the execution of a
                    contract to design or construct 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
                    design, permitting or construction of the project, or
                    the execution of any contract to design or construct or
                    any approval needed for any facility that is dependent
                    on the completion of the regionally significant
                    project.  To help assure timely disclosure, the sponsor
                    of any potential regionally significant project shall
                    disclose to the MPO annually, not later than December
                    31 of each year each project for which alternatives
                    have been identified through the NEPA process, and in
                    particular, any preferred alternative that may be a
                    regionally significant project.

                    (iii)  In the case of any such 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  1230.

                    (iv)  For the purposes of this section and  1230, the
                    phrase "adopt or approve of a regionally significant
                    project" means the first time any action necessary to
                    authorizing a project occurs, such as any policy board
                    action necessary for the project to proceed, the
                    issuance of administrative permits for the facility or
                    for construction of the facility, the execution of a
                    contract to construct the facility, any final action of
                    a board, commission or administrator authorizing or
                    directing employees to proceed with construction of the
                    project, or any written decision or authorization from
                    the MPO that the project may be adopted or approved.

               (5)  An interagency consultation process in accordance with
               paragraph (b) involving the MPO and other recipients of
               funds designated under title 23 U.S.C. or the Federal
               Transit Act shall be undertaken for assuming the location
               and design concept and scope of projects which are disclosed
               to the MPO as required by paragraph (c)(4) of this section
               but whose sponsors have not yet decided these features, in
               sufficient detail to perform the regional emissions analysis
               according to the requirements of  1231, to be initiated by
               the California Department of Transportation, District 9 or
               10 and conducted in accordance with paragraph (b)(2).

               (6)  An interagency consultation process in accordance with
               paragraph (b) involving the MPO, State and local air quality
               planning agencies, and State and local transportation
               agencies, shall be undertaken for the design, schedule, and
               funding of research and data collection efforts and regional
               transportation model development by the MPO (e.g.,
               household/travel transportation surveys), to be initiated by
               the Great Basin Unified Air Pollution Control District and
               conducted in accordance with paragraph (b)(2).

               (7)  Final decisions made following interagency consultation
               in accordance with paragraph (b) shall be made through
               concurrence of the participating agencies.

          (d)  Resolving conflicts.

               (1)  Any conflict among State agencies or between State
               agencies and an MPO shall be escalated to the Governor if
               the conflict cannot be resolved by the heads of the involved
               agencies.  In the first instance, such agencies shall make
               every effort to resolve any differences, including personal
               meetings between the heads of such agencies or their policy-
               level representatives, to the extent possible.

               (2)  (A)  The State air quality agency has 14 calendar days
                    to appeal a proposed determination of conformity (or
                    other policy decision under this rule) to the Governor
                    after the State DOT or MPO has notified the State air
                    quality agency of the resolution of all comments on
                    such proposed determination of conformity or policy
                    decision.  Such 14-day period shall commence when the
                    MPO or the State DOT has confirmed receipt by the
                    director of the State air agency of the resolution of
                    the comments of the State air quality agency.  If the
                    State air quality agency appeals to the Governor, the
                    final conformity determination must have the
                    concurrence of the Governor.  The State air quality
                    agency must provide notice of any appeal under this
                    subsection to the MPO and the State DOT.  If the State
                    air quality agency does not appeal to the Governor
                    within 14 days, the MPO or State DOT may proceed with
                    the final conformity determination.

                    (B)  In the case of any comments with regard to findings of fiscal
                    constraint under  1209 or the air quality effects of
                    any proposed determination of conformity, the State DOT
                    has 14 calendar days to appeal a proposed determination
                    of conformity (or other policy decision under this
                    rule) to the Governor after the MPO has notified the
                    State air quality agency or the State DOT of the
                    resolution of all comments on such proposed
                    determination of conformity or policy decision.  Such
                    14-day period shall commence when the MPO has confirmed
                    receipt by the director of the State air agency or the
                    State DOT of the resolution of the comments of the
                    State DOT.  If the State DOT appeals to the Governor,
                    the final conformity determination must have the
                    concurrence of the Governor.  The State DOT must
                    provide notice of any appeal under this subsection to
                    the MPO and the State air quality agency.  If the State
                    DOT does not appeal to the Governor within 14 days, the
                    MPO may proceed with the final conformity
                    determination.

               (3)  The Governor may delegate the role of hearing any such
               appeal under this subsection and of deciding whether to
               concur in the conformity determination to another official
               or agency within the State, but not to the head or staff of
               the State air quality agency or any local air quality
               agency, the State department of transportation, a State
               transportation commission or board, any agency that has
               responsibility for only one of these functions, or an MPO.

          (e)  Public consultation procedures.
          Affected agencies making conformity determinations on
          transportation plans, programs, and projects shall establish and
          continuously implement a proactive public involvement process
          which provides opportunity for public review and comment prior to
          taking formal action on a conformity determination for all
          transportation plans and TIPs, consistent with the requirements
          of 23 CFR part 450, including  450.316(b)(1), 450.322(c), and
          450.324(c) as in effect on the date of adoption of this rule.  In
          addition, any such agency must specifically address in writing
          all public comments that known plans for a regionally significant
          project which is not receiving FHWA or FTA funding or approval
          have not been properly reflected in the emissions analysis
          supporting a proposed conformity finding for a transportation
          plan or TIP.  Any such agency shall also provide opportunity for
          public involvement in conformity determinations for projects to
          the extent otherwise required by law (e.g. NEPA or CEQA).  The
          opportunity for public involvement provided under this subsection
          shall include access to information, emissions data, analyses,
          models and modeling assumptions used to perform a conformity
          determination, and the obligation of any such agency to consider
          and respond to significant comments.  No transportation plan,
          TIP, or project may be found to conform unless the determination
          of conformity has been subject to a public involvement process in
          accordance with this subsection, without regard to whether the
          DOT has certified any process under 23 CFR part 450.