SCAQMD RULE 1902 - TRANSPORTATION CONFORMITY
LAST REVISED 05/10/96


(Adopted September 9, 1994)(Amended May 10, 1996)

RULE 1902. - TRANSPORTATION CONFORMITY

(a) Purpose.
The purpose of this rule is to implement Section 176(c) of the Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), and the related requirements of 23 U.S.C. 109(j), with respect to the conformity of transportation plans, programs, and projects which are developed, funded, or approved by the United States Department of Transportation (DOT), and by Southern California Association of Governments (SCAG) or other recipients of funds under Title 23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601 et seq.). This rule sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to an applicable implementation plan developed pursuant to Section 110 and Part D of the CAA.

(b) Applicability.

  1. Action Applicability.

    (A) Except as provided for in paragraph (3) of this subdivision or subdivision (ai), Conformity determinations are required for:

    (i) The adoption, acceptance, approval or support of transportation plans developed pursuant to 23 CFR Part 450 or 49 CFR Part 613 by SCAG or DOT;

    (ii) The adoption, acceptance, approval or support of Transportation Improvement Programs (TIPs) developed pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a Metropolitan Planning Organization (MPO) or Department of Transportation (DOT); and

    (iii) The approval, funding, or implementation of Federal Highway Administration/Federal Transit Administration (FHWA/FTA) projects.

    (B) Conformity determinations are not required under this rule for individual projects which are not FHWA/FTA projects. However, subdivision (ad) applies to such projects if they are regionally significant.

  2. Geographic Applicability.

    (A) The provisions of this rule shall apply in all nonattainment and maintenance areas for transportation-related criteria pollutants for which the area is designated nonattainment or has a maintenance plan.

    (B) The provisions of this rule apply with respect to emissions of the following criteria pollutants: ozone, carbon monoxide, nitrogen dioxide and particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10).

    (C) The provisions of this rule apply with respect to emissions of the following precursor pollutants:

    (i) Volatile organic compounds and nitrogen oxides in ozone areas;

    (ii) Nitrogen oxides in nitrogen dioxide areas; and

    (iii) Volatile organic compounds, nitrogen oxides and PM10 in PM10 areas if:

    (I) During the interim period, the EPA Regional Administrator or the director of the CARB has made a finding that transportation-related precursor emissions within the nonattainment area are a significant contributor to the PM10 nonattainment problem and has so notified the SCAG and DOT; or

    (II) During the transitional, control strategy, and maintenance periods, the applicable implementation plan (or implementation plan submission) establishes a budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy.

  3. Limitations.

    (A) Projects subject to this rule for which the NEPA process and a conformity determination have been completed by FHWA or FTA may proceed toward implementation without further conformity determinations if one of the following major steps has occurred within the past three years: NEPA process completion; start of final design; acquisition of a significant portion of the right-of-way; or approval of the plans, specifications and estimates. All phases of such projects which were considered in the conformity determination are also included, if those phases were for the purpose of funding, final design, right-of-way acquisition, construction, or any combination of these phases.

    (B) A new conformity determination for the project will be required if there is a significant change in project design concept and scope, if a supplemental environmental document for air quality purposes is initiated, or if no major steps to advance the project have occurred within the past three years.

  4. Grace Period for new nonattainment areas.

    (A)For areas or portions of areas which have been in attainment for either ozone, CO, PM-10, or NO2 since 1990 and are subsequently redesignated to nonattainment for any of these pollutants, the provisions of this subpart shall not apply for such pollutant for 12 months following the date of final designation to nonattainment

(c) Definitions.

Terms used but not defined in this rule shall have the meaning given them by the CAA, Titles 23 and 49 U.S.C., other Environmental Protection Agency (EPA) regulations, or other DOT regulations, in that order of priority.

  1. APPLICABLE IMPLEMENTATION PLAN is defined in Section 302(q) of the CAA and means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under Section 110, or promulgated under Section 110(c), or promulgated or approved pursuant to regulations promulgated under Section 301(d) and which implements the relevant requirements of the CAA.
  2. CAA means the Clean Air Act, as amended.
  3. CAUSE OR CONTRIBUTE TO A NEW VIOLATION for a project means:

    (A) To cause or contribute to a new violation of a standard in the area substantially affected by the project or over a region which would otherwise not be in violation of the standard during the future period in question, if the project were not implemented; or

    (B) To contribute to a new violation in a manner that would increase the frequency or severity of a new violation of a standard in such area.

  4. CONTROL STRATEGY IMPLEMENTATION PLAN REVISION is the applicable implementation plan which contains specific strategies for controlling the emissions of and reducing ambient levels of pollutants in order to satisfy CAA requirements for demonstrations of reasonable further progress and attainment (CAA Sections 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 189(a)(1)(B), and 189(b)(1)(A); and Sections 192(a) and 192(b), for nitrogen dioxide).
  5. CONTROL STRATEGY PERIOD with respect to particulate matter less than 10 microns in diameter (PM10), carbon monoxide (CO), nitrogen dioxide (NO2), and/or ozone precursors (volatile organic compounds and oxides of nitrogen), means that period of time after EPA approves control strategy implementation plan revisions containing strategies for controlling PM10, NO2, CO, and/or ozone, as appropriate. This period ends when a State submits and EPA approves a request under Section 107(d) of the CAA for redesignation to an attainment area.
  6. DESIGN CONCEPT means the type of facility identified by the project, e.g., freeway, expressway, arterial highway, grade-separated highway, reserved right-of-way rail transit, mixed-traffic rail transit, exclusive busway, etc.
  7. DESIGN SCOPE means the design aspects which will affect the proposed facility's impact on regional emissions, usually as they relate to vehicle or person carrying capacity and control, e.g., number of lanes or tracks to be constructed or added, length of project, signalization, access control including approximate number and location of interchanges, preferential treatment for high-occupancy vehicles, etc.
  8. DOT means the United States Department of Transportation.
  9. EPA means the Environmental Protection Agency.
  10. FHWA means the Federal Highway Administration of DOT.
  11. FHWA/FTA PROJECT, for the purpose of this rule, is any highway or transit project which is proposed to receive funding assistance and approval through the Federal-Aid Highway Program or the Federal Mass Transit Program, or requires Federal Highway Administration (FHWA) or Federal Transit Administration (FTA) approval for some aspect of the project, such as connection to an interstate highway or deviation from applicable design standards on the interstate system.
  12. FTA means the Federal Transit Administration of DOT.
  13. FORECAST PERIOD with respect to a transportation plan is the period covered by the transportation plan pursuant to 23 CFR Part 450.
  14. HIGHWAY PROJECT is an undertaking to implement or modify a highway facility or highway-related program. Such an undertaking consists of all required phases necessary for implementation. For analytical purposes, it must be defined sufficiently to:

    (A) Connect logical termini and be of sufficient length to address environmental matters on a broad scope;

    (B) Have independent utility or significance, i.e., be usable and be a reasonable expenditure even if no additional transportation improvements in the area are made; and

    (C) Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements.

  15. HORIZON YEAR is a year for which the transportation plan describes the envisioned transportation system in accordance with subdivision (h).
  16. HOT-SPOT ANALYSIS is an estimation of likely future localized CO and PM10 pollutant concentrations and a comparison of those concentrations to the national ambient air quality standards. Pollutant concentrations to be estimated should be based on the total emissions burden which may result from the implementation of a single, specific project, summed together with future background concentrations (which can be estimated using the ratio of future to current traffic multiplied by the ratio of future to current emission factors) expected in the area. The total concentration must be estimated and analyzed at appropriate receptor locations in the area substantially affected by the project. Hot-spot analysis assesses impacts on a scale smaller than the entire nonattainment or maintenance area, including, for example, congested roadway intersections and highways or transit terminals, and uses an air quality dispersion model to determine the effects of emissions on air quality.
  17. INCOMPLETE DATA AREA means any ozone nonattainment area which EPA has classified, in 40 CFR Part 81, as an incomplete data area.
  18. INCREASE THE FREQUENCY OR SEVERITY means to cause a location or region to exceed a standard more often or to cause a violation at a greater concentration than previously existed and/or would otherwise exist during the future period in question, if the project were not implemented.
  19. ISTEA means the Intermodal Surface Transportation Efficiency Act of 1991.
  20. MAINTENANCE AREA means any geographic region of the United States previously designated nonattainment pursuant to the CAA Amendments of 1990 and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan under Section 175A of the CAA, as amended.
  21. MAINTENANCE PERIOD with respect to a pollutant or pollutant precursor means that period of time beginning when a State submits and EPA approves a request under Section 107(d) of the CAA for redesignation to an attainment area, and lasting for 20 years, unless the applicable implementation plan specifies that the maintenance period shall last for more than 20 years.
  22. METROPOLITAN PLANNING ORGANIZATION (MPO) is that organization designated as being responsible, together with the State, for conducting the continuing, cooperative, and comprehensive planning process under 23 U.S.C. 134 and 49 U.S.C. 1607. It is the forum for cooperative transportation decision-making. [For the South Coast Air Basin, Southern California Association of Governments (SCAG) is the designated MPO.]
  23. MILESTONE has the meaning given in Section 182(g)(1) and Section 189(c) of the CAA. A milestone consists of an emissions level and the date on which it is required to be achieved.
  24. MOTOR VEHICLE EMISSIONS BUDGET is that portion of the total allowable emissions defined in a revision to the applicable implementation plan (or in an implementation plan revision which was endorsed by the Governor or his or her designee, subject to a public hearing, and submitted to EPA, but not yet approved by EPA) for a certain date for the purpose of meeting reasonable further progress milestones or attainment or maintenance demonstrations, for any criteria pollutant or its precursors, allocated by the applicable implementation plan to highway and transit vehicles. The applicable implementation plan for an ozone nonattainment area may also designate a motor vehicle emissions budget for oxides of nitrogen (NOx) for a reasonable further progress milestone year if the applicable implementation plan demonstrates that this NOx budget will be achieved with measures in the implementation plan (as an implementation plan must do for VOC milestone requirements). The applicable implementation plan for an ozone nonattainment area includes a NOx budget if NOx reductions are being substituted for reductions in volatile organic compounds in milestone years required for reasonable further progress.
  25. NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) are those standards established pursuant to Section 109 of the CAA.
  26. NEPA means the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq).
  27. NEPA PROCESS COMPLETION, for the purposes of this rule, with respect to FHWA or FTA, means the point at which there is a specific action to make a determination that a project is categorically excluded, to make a Finding of No Significant Impact, or to issue a record of decision on a Final Environmental Impact Statement under NEPA.
  28. NONATTAINMENT AREA means any geographic region of the United States which has been designated as nonattainment under Section 107 of the CAA for any pollutant for which a national ambient air quality standard exists.
  29. NOT CLASSIFIED AREA means any carbon monoxide nonattainment area which EPA has not classified as either moderate or serious.
  30. PHASE II OF THE INTERIM PERIOD with respect to a pollutant or pollutant precursor means that period of time after December 27, 1993, lasting until the earlier of the following:

    (A) Submission to EPA of the relevant control strategy implementation plan revisions which have been endorsed by the Governor (or his or her designee) and have been subject to a public hearing, or

    (B) The date that the Clean Air Act requires relevant control strategy implementation plans to be submitted to EPA, provided EPA has made a finding of the State's failure to submit any such plans and the State, SCAG, and DOT have received notice of such finding of the State's failure to submit any such plans. The precise end of Phase II of the interim period is defined in subdivision (ad).

  31. PROJECT means a highway project or transit project.
  32. PROTECTIVE FINDING means a determination by EPA that the control strategy contained in a submitted control strategy implementation plan revision would have been considered approvable with respect to requirements for emissions reductions if all committed measures had been submitted in enforceable form as required by Clean Air Act section 110(a)(2)(A).
  33. RECIPIENT OF FUNDS DESIGNATED UNDER TITLE 23 U.S.C. OR THE FEDERAL TRANSIT ACT means any agency at any level of State, county, city or regional government that routinely receives Title 23 U.S.C. or Federal Transit Act funds to construct FHWA/FTA projects, operate FHWA/FTA projects or equipment, purchase equipment, or undertake other services or operations via contracts or agreements. This definition does not include private landowners or developers, or contractors or entities that are only paid for services or products created by their own employees.
  34. REGIONALLY SIGNIFICANT PROJECT means a transportation project (other than an exempt project) that is on a facility which serves regional transportation needs (such as access to and from the area outside of the region, major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc., or transportation terminals as well as most terminals themselves) and would normally be included in the modeling of a metropolitan area's transportation network, including at a minimum all principal arterial highways and all fixed guideway transit facilities that offer an alternative to regional highway travel. Additional criteria may be developed by appropriate agencies through the Interagency consultation process.
  35. RURAL TRANSPORT OZONE NONATTAINMENT AREA means an ozone nonattainment area that does not include, and is not adjacent to, any part of a Metropolitan Statistical Area or, where one exists, a Consolidated Metropolitan Statistical Area (as defined by the United States Bureau of the Census) and is classified under CAA Section 182(h) as a rural transport area.
  36. STANDARD means a national ambient air quality standard.
  37. SUBMARGINAL AREA means any ozone nonattainment area which EPA has classified as submarginal in 40 CFR Part 81.
  38. TITLE 23 U.S.C. means Title 23 of the United States Code.
  39. TRANSIT is mass transportation by bus, rail, or other conveyance which provides general or special service to the public on a regular and continuing basis. It does not include school buses or charter or sightseeing services.
  40. TRANSIT PROJECT is an undertaking to implement or modify a transit facility or transit-related program; purchase transit vehicles or equipment; or provide financial assistance for transit operations. It does not include actions that are solely within the jurisdiction of local transit agencies, such as changes in routes, schedules, or fares. It may consist of several phases. For analytical purposes, it must be defined inclusively enough to:

    (A) Connect logical termini and be of sufficient length to address environmental matters on a broad scope;

    (B) Have independent utility or independent significance, i.e., be a reasonable expenditure even if no additional transportation improvements in the area are made; and

    (C) Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements.

  41. TRANSITIONAL AREA means any ozone nonattainment area which EPA has classified as transitional in 40 CFR Part 81.
  42. TRANSITIONAL PERIOD with respect to a pollutant or pollutant precursor means that period of time which begins after submission to EPA of the relevant control strategy implementation plan which has been endorsed by the Governor (or his or her designee) and has been subject to a public hearing. The transitional period lasts until EPA takes final approval or disapproval action on the control strategy implementation plan submission or finds it to be incomplete. The precise beginning and end of the transitional period is defined in subdivision (ac).
  43. TRANSPORTATION CONTROL MEASURE (TCM) is any measure that is specifically identified and committed to in the applicable implementation plan that is either one of the types listed in Section 108 of CAA, or any other measure for the purpose of reducing emissions or concentrations of air pollutants from transportation sources by reducing vehicle use or changing traffic flow or congestion conditions. Notwithstanding the above, vehicle technology-based, fuel-based, and maintenance-based measures which control the emissions from vehicles under fixed traffic conditions are not TCMs for the purposes of this rule.
  44. TRANSPORTATION IMPROVEMENT PROGRAM (TIP) means a staged, multi-year, intermodal program of transportation projects covering a metropolitan planning area which is consistent with the metropolitan transportation plan, and developed pursuant to 23 CFR Part 450.
  45. TRANSPORTATION PLAN means the official intermodal metropolitan transportation plan that is developed through the metropolitan planning process for the metropolitan planning area, developed pursuant to 23 CFR Part 450.
  46. TRANSPORTATION PROJECT is a highway project or a transit project.

(d) Priority.

When assisting or approving any action with air quality-related consequences, FHWA and FTA shall give priority to the implementation of those transportation portions of an applicable implementation plan prepared to attain and maintain the NAAQS. This priority shall be consistent with statutory requirements for allocation of funds among States or other jurisdictions.

(e) Frequency of Conformity Determinations.

  1. Conformity determinations and conformity redeterminations for transportation plans, TIPs, and FHWA/FTA projects must be made according to the requirements of this section and the applicable implementation plan.
  2. Transportation plans.

    (A) Each new transportation plan must be found to conform before the transportation plan is approved by SCAG or accepted by DOT.

    (B) All transportation plan revisions must be found to conform before the transportation plan revisions are approved by SCAG or accepted by DOT, unless the revision merely adds or deletes exempt projects listed in subdivision (ai). The conformity determination must be based on the transportation plan and the revision taken as a whole.

    (C) Conformity of existing transportation plans will lapse unless conformity of those plans is redetermined:

    (i) by May 25, 1995 (unless previously redetermined in accordance with 40 CFR Part 51 Subpart T); or

    (ii) within 18 months of EPA approval of an implementation plan revision which:

    (I) Establishes or revises a transportation-related emissions budget (as required by CAA Sections 175A(a), 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 189(a)(1)(B), and 189(b)(1)(A); and Sections 192(a) and (b), for nitrogen dioxide); or

    (II) Adds, deletes, or changes TCMs; and

    (iii) within 18 months of EPA promulgation of an implementation plan which establishes or revises a transportation-related emissions budget or adds, deletes, or changes TCMs.

    (D) In any case, conformity determinations must be made no less frequently than every three years, or the existing conformity determination will lapse.

  3. Transportation improvement programs.

    (A) A new TIP must be found to conform before the TIP is approved by SCAG or accepted by DOT.

    (B) A TIP amendment requires a new conformity determination for the entire TIP before the amendment is approved by SCAG or accepted by DOT, unless the amendment merely adds or deletes exempt projects listed in subdivision (ai).

    (C) After SCAG adopts a new or revised transportation plan, conformity must be redetermined by SCAG and DOT within six months from the date of adoption of the plan, unless the new or revised plan merely adds or deletes exempt projects listed in subdivision (ai).

    (D) In any case, conformity determinations must be made no less frequently than every three years or the existing conformity determination will lapse.

  4. Projects.
    FHWA/FTA projects must be found to conform before they are adopted, accepted, approved, or funded. Conformity must be redetermined for any FHWA/FTA project if none of the following major steps has occurred within the past three years: NEPA process completion; start of final design; acquisition of a significant portion of the right-of-way; or approval of the plans, specifications and estimates.

(f) Consultation.

  1. Interagency consultation shall be conducted pursuant to the process described in the "Transportation Conformity consultation MOU for the South Coast Air Basin (SCAB) and for portions of the Southeast Desert Air Basin within the jurisdiction of the South Coast Air Quality Management District (SCAQMD)," dated June 1, 1995, between SCAG, SCAQMD, FHWA, FTA and the local transportation agencies.

(g) Content of Transportation Plans.

  1. Transportation plans adopted after January 1, 1995 in serious, severe, or extreme ozone nonattainment areas and in serious carbon monoxide nonattainment areas.
    The transportation plan must specifically describe the transportation system envisioned for certain future years which shall be called horizon years.

    (A) The agency or organization developing the transportation plan may choose any years to be horizon years, subject to the following restrictions:

    (i) Horizon years may be no more than 10 years apart.

    (ii) The first horizon year may be no more than 10 years from the base year used to validate the transportation demand planning model.

    (iii) If the attainment year is in the time span of the transportation plan, the attainment year must be a horizon year.

    (iv) The last horizon year must be the last year of the transportation plan's forecast period.

    (B) For these horizon years:

    (i) The transportation plan shall quantify and document the demographic and employment factors influencing expected transportation demand, including land use forecasts, in accordance with implementation plan provisions and subdivision (f);

    (ii) The highway and transit system shall be described in terms of the regionally significant additions or modifications to the existing transportation network which the transportation plan envisions to be operational in the horizon years. Additions and modifications to the highway network shall be sufficiently identified to indicate intersections with existing regionally significant facilities, and to determine their effect on route options between transportation analysis zones. Each added or modified highway segment shall also be sufficiently identified in terms of its design concept and design scope to allow modeling of travel times under various traffic volumes, consistent with the modeling methods for area-wide transportation analysis in use by SCAG. Transit facilities, equipment, and services envisioned for the future shall be identified in terms of design concept, design scope, and operating policies sufficiently to allow modeling of their transit ridership. The descriptions of additions and modifications to the transportation network shall also be sufficiently specific to show that there is a reasonable relationship between expected land use and the envisioned transportation system; and

    (iii) Other future transportation policies, requirements, services, and activities, including intermodal activities shall be described.

  2. Moderate areas reclassified to serious.

    Ozone or CO nonattainment areas which are reclassified from moderate to serious must meet the requirements of paragraph (1) of this subdivision within two years from the date of reclassification.

  3. Transportation plans for other areas.

    Transportation plans for other areas must meet the requirements of paragraph (1) of this subdivision at least to the extent it has been the previous practice of SCAG to prepare plans which meet those requirements. Otherwise, transportation plans must describe the transportation system envisioned for the future specifically enough to allow determination of conformity according to the criteria and procedures of subdivisions (j) through (ab).

  4. Savings.

    The requirements of this section supplement other requirements of applicable law or regulation governing the format or content of transportation plans.

(h) Relationship of transportation plan and TIP conformity with the NEPA process.

The degree of specificity required in the transportation plan and the specific travel network assumed for air quality modeling do not preclude the consideration of alternatives in the NEPA process or other project development studies. Should the NEPA process result in a project with design concept and scope significantly different from that in the transportation plan or TIP, the project must meet the criteria in subdivisions (j) through (ab) for projects not from a TIP before NEPA process completion.

(i) Fiscal constraints for transportation plans and TIPs.

Transportation plans and TIPs shall be fiscally constrained and meet the requirements of 23 CFR 450.322(b)(11) and 450.324(e) as in effect on the date of adoption of this rule in order to be found in conformity.

(j) Criteria and procedures for determining conformity of transportation plans, programs, and projects: General.

  1. In order to be found to conform, each transportation plan, program, and FHWA/FTA project must satisfy the applicable criteria and procedures in subdivisions (k) through (ab) as listed in Table 1 in paragraph (2) of this subdivision, and must comply with all applicable conformity requirements of implementation plans and of court orders for the area which pertain specifically to conformity determination requirements. The criteria for making conformity determinations differ based on the action under review (transportation plans, TIPs, and FHWA/FTA projects), the time period in which the conformity determination is made, and the relevant pollutant.
  2. The following table indicates the criteria and procedures in subdivisions (k) through (ab) which apply for each action in each time period.

TABLE 1. -- CONFORMITY CRITERIA

Action Criteria

All Periods

Transportation Plan k, l, m, n

TIP k, l, m, n

Project (From a conforming k, l, m, o, p, q, r plan and TIP).

Project (Not from a k, l, m, n, o, q, r conforming plan and TIP).

Phase II of the Interim Period

Transportation Plan w, z

TIP x, aa

Project (From a conforming v plan and TIP).

Project (Not from a v, y, ab plan and TIP).

Transitional Period

Transportation Plan s, w, z

TIP t, x, aa

Project (From a conforming v plan and TIP).

Project (Not from a u, v, y, ab conforming plan and TIP).

Control Strategy and Maintenance Periods

Transportation Plan s

TIP t

Project (From a conforming No additional criteria plan and TIP).

Project (Not from a u conforming plan and TIP).

k The conformity determination must be based on the latest planning assumptions.

l The conformity determination must be based on the latest emission estimation model available.

m SCAG must make the conformity determination according to the consultation procedures of this rule and the implementation plan revision required by this rule.

n The transportation plan, TIP, or FHWA/FTA project which is not from a conforming plan and TIP must provide for the timely implementation of TCMs from the applicable implementation plan.

o There must be a currently conforming transportation plan and currently conforming TIP at the time of project approval.

p The project must come from a conforming transportation plan and program.

q The FHWA/FTA project must not cause or contribute to any new localized CO or PM10 violations or increase the frequency or severity of any existing CO or PM10 violations in CO and PM10 nonattainment and maintenance areas.

r The FHWA/FTA project must comply with PM10 control measures in the applicable implementation plan.

s The transportation plan must be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan or implementation plan submission.

t The TIP must be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan or implementation plan submission.

u The project which is not from a conforming transportation plan and conforming TIP must be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan or implementation plan submission.

v The FHWA/FTA project must eliminate or reduce the severity and number of localized CO violations in the area substantially affected by the project (in CO nonattainment areas).

w The transportation plan must contribute to emissions reductions in ozone and CO nonattainment areas.

x The TIP must contribute to emissions reductions in ozone and CO nonattainment areas.

y The project which is not from a conforming transportation plan and TIP must contribute to emissions reductions in ozone and CO nonattainment areas.

z The transportation plan must contribute to emission reductions or must not increase emissions in PM10 and NO2 nonattainment areas.

aa The TIP must contribute to emission reductions or must not increase emissions in PM10 and NO2 nonattainment areas.

ab The project which is not from a conforming transportation plan and TIP must contribute to emission reductions or must not increase emissions in PM10 and NO2 nonattainment areas.

(k) Criteria and procedures: Latest planning assumptions.

  1. During all periods the conformity determination, with respect to all other applicable criteria in subdivisions (l) through (ab), shall be based upon the most recent planning assumptions in force at the time of the conformity determination. The conformity determination must satisfy the requirements of paragraphs (2) through (6) of this subdivision.
  2. Assumptions must be derived from the estimates of current and future population, employment, travel, and congestion most recently developed by SCAG or other agency authorized to make such estimates and approved by SCAG. The conformity determination must also be based on the latest assumptions about current and future background concentrations.
  3. The conformity determination for each transportation plan and TIP must discuss how transit operating policies (including fares and service levels) and assumed transit ridership have changed since the previous conformity determination.
  4. The conformity determination must include reasonable assumptions about transit service and increases in transit fares and road and bridge tolls over time.
  5. The conformity determination must use the latest existing information regarding the effectiveness of the TCMs which have already been implemented.
  6. Key assumptions shall be specified and included in the draft documents and supporting materials used for the interagency and public consultation required by subdivision (f).

(l) Criteria and procedures: Latest emissions model.

  1. During all periods the conformity determination must be based on the latest emission estimation model available. It is satisfied if the most current version of the motor vehicle emissions model specified by EPA for use in the preparation or revision of implementation plans in that State or area is used for the conformity analysis. Where EMFAC is the motor vehicle emissions model used in preparing or revising the applicable implementation plan, new versions must be approved by EPA before they are used in the conformity analysis.
  2. EPA will consult with DOT to establish a grace period following the specification of any new model.

    (A) The grace period will be no less than three months and no more than 24 months after notice of availability is published in the Federal Register.

    (B) The length of the grace period will depend on the degree of change in the model and the scope of re-planning likely to be necessary by MPOs in order to assure conformity. If the grace period will be longer than three months, EPA will announce the appropriate grace period in the Federal Register.

  3. Conformity analyses for which the emissions analysis was begun before the Federal Register notice of availability of the latest emission model, or during the grace period announced in such notice, may continue to use the previous version of the model for transportation plans and TIPs. The previous model may also be used for projects if the analysis was begun during the grace period or before the Federal Register notice of availability, provided no more than three years have passed since the draft environmental document was issued.

(m) Criteria and procedures: Consultation.

All conformity determinations shall be made according to the consultation procedures in this rule, and according to the public involvement procedures established by SCAG in compliance with 23 CFR Part 450. This criterion applies during all periods. Until this rule is approved by EPA as an implementation plan revision, the conformity determination must be made according to the procedures in 40 CFR Parts 51.402(a)(2) and 51.402(e). Once the implementation plan revision has been approved by EPA, this criterion is satisfied if the conformity determination is made consistent with the implementation plan's consultation requirements.

(n) Criteria and procedures: Timely implementation of TCMs.

  1. During all periods the transportation plan, TIP, or any FHWA/FTA project which is not from a conforming plan and TIP must provide for the timely implementation of TCMs from the applicable implementation plan.
  2. For transportation plans, this criterion is satisfied if the following two conditions are met:

    (A) The transportation plan, in describing the envisioned future transportation system, provides for the timely completion or implementation of all TCMs in the applicable implementation plan which are eligible for funding under Title 23 U.S.C. or the Federal Transit Act, consistent with schedules included in the applicable implementation plan.

    (B) Nothing in the transportation plan interferes with the implementation of any TCM in the applicable implementation plan.

  3. For TIPs, this criterion is satisfied if the following conditions are met:

    (A) An examination of the specific steps and funding source(s) needed to fully implement each TCM indicates that TCMs which are eligible for funding under Title 23 U.S.C. or the Federal Transit Act are on or ahead of the schedule established in the applicable implementation plan, or, if such TCMs are behind the schedule established in the applicable implementation plan, SCAG and DOT have determined that past obstacles to implementation of the TCMs have been identified and have been or are being overcome, and that all State and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding of TCMs over other projects within their control, including projects in locations outside the nonattainment or maintenance area.

    (B) If Federal funding intended for TCMs in the applicable implementation plan has previously been programmed but is reallocated to projects in the TIP other than TCMs (or if there are no other TCMs in the TIP, to projects in the TIP other than projects which are eligible for Federal funding under ISTEA's Congestion Mitigation and Air Quality Improvement program), and the TCMs are behind the schedule in the implementation plan, then the TIP cannot be found to conform.

    (C) Nothing in the TIP may interfere with the implementation of any TCM in the applicable implementation plan.

  4. For FHWA/FTA projects which are not from a conforming transportation plan and TIP, this criterion is satisfied if the project does not interfere with the implementation of any TCM in the applicable implementation plan.

(o) Criteria and procedures: Currently conforming transportation plan and TIP.

There must be a currently conforming transportation plan and currently conforming TIP at the time of project approval. This criterion applies during all periods. It is satisfied if the current transportation plan and TIP have been found to conform to the applicable implementation plan by SCAG and DOT according to the procedures of this Subdivision.

  1. Only one conforming transportation plan or TIP may exist in an area at any time; conformity determinations of a previous transportation plan or TIP expire once the current plan or TIP is found to conform by DOT. The conformity determination on a transportation plan or TIP will also lapse if conformity is not determined according to the frequency requirements of subdivision (e).
  2. This criterion is not required to be satisfied at the time of project approval for a TCM specifically included in the applicable implementation plan, provided that all other relevant criteria of this subpart are satisfied.

(p) Criteria and procedures: Projects from a plan and TIP.

  1. During all periods the project must come from a conforming plan and program. If this criterion is not satisfied, the project must satisfy all criteria in Table 1 for a project not from a conforming transportation and TIP. A project is considered to be from a conforming transportation plan if it meets the requirements of paragraph (2) of this subdivision and from a conforming program if it meets the requirements of paragraph (3) of this subdivision. Special provisions for TCMs in an applicable implementation plan are provided in paragraph (4) of this subdivision.
  2. A project is considered to be from a conforming transportation plan if one of the following conditions applies:

    (A) For projects which are required to be identified in the transportation plan in order to satisfy subdivision (g), the project is specifically included in the conforming transportation plan and the project's design concept and scope have not changed significantly from those which were described in the transportation plan, or in a manner which would significantly impact use of the facility; or

    (B) For projects which are not required to be specifically identified in the transportation plan, the project is identified in the conforming transportation plan, or is consistent with the policies and purpose of the transportation plan and will not interfere with other projects specifically included in the transportation plan.

  3. A project is considered to be from a conforming program if the following conditions are met:

    (A) The project is included in the conforming TIP and the design concept and scope of the project were adequate at the time of the TIP conformity determination to determine its contribution to the TIP's regional emissions and have not changed significantly from those which were described in the TIP, or in a manner which would significantly impact use of the facility; and

    (B) If the TIP describes a project design concept and scope which includes project-level emissions mitigation or control measures, enforceable written commitments to implement such measures must be obtained from the project sponsor and/or operator as required by paragraph (ah)(1) in order for the project to be considered from a conforming program. Any change in these mitigation or control measures that would significantly reduce their effectiveness constitutes a change in the design concept and scope of the project.

  4. TCMs. This criterion is not required to be satisfied for TCMs specifically included in an applicable implementation plan.

(q) Criteria and procedures: Localized CO and PM10 violations (hot spots).

  1. During all periods the FHWA/FTA project must not cause or contribute to any new localized CO or PM10 violations or increase the frequency or severity of any existing CO or PM10 violations in CO and PM10 nonattainment and maintenance areas. This criterion is satisfied if it is demonstrated that no new local violations will be created and the severity or number of existing violations will not be increased as a result of the project.
  2. The demonstration must be performed according to the requirements of subparagraph (f)(3)(A) and subdivision (af).
  3. For projects which are not of the type identified by paragraphs (af)(1) or (af)(4), this criterion may be satisfied if the consideration of local factors clearly demonstrates that no local violations presently exist and no new local violations will be created as a result of the project. Otherwise, in CO nonattainment and maintenance areas, a quantitative demonstration must be performed according to the requirements of paragraph (af)(2).

(r) Criteria and procedures: Compliance with PM10 control measures.
During all periods the FHWA/FTA project must comply with PM10 control measures in the applicable implementation plan. It is satisfied if control measures (for the purpose of limiting PM10 emissions from the construction activities and/or normal use and operation associated with the project) contained in the applicable implementation plan are included in the final plans, specifications, and estimates for the project.

(s) Criteria and procedures: Motor vehicle emissions budget (transportation plan).

  1. The transportation plan must be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission). This criterion applies during the transitional period and the control strategy and maintenance periods, except as provided in subdivision (ak). This criterion may be satisfied if the requirements in paragraphs (2) and (3) of this subdivision are met:
  2. A regional emissions analysis shall be performed as follows:

    (A) The regional analysis shall estimate emissions of any of the following pollutants and pollutant precursors for which the area is in nonattainment or maintenance and for which the applicable implementation plan (or implementation plan submission) establishes an emissions budget:

    (i) VOC as an ozone precursor;

    (ii) NOx as an ozone precursor

    (iii) CO;

    (iv) PM10 (and its precursors VOC and/or NOx if the applicable implementation plan or implementation plan submission identifies transportation-related precursor emissions within the nonattainment area as a significant contributor to the PM10 nonattainment problem or establishes a budget for such emissions); or

    (v) NOx (in NO2 nonattainment or maintenance areas);

    (B) The regional emissions analysis shall estimate emissions from the entire transportation system, including all regionally significant projects contained in the transportation plan and all other regionally significant highway and transit projects expected in the nonattainment or maintenance area in the timeframe of the transportation plan;

    (C) The emissions analysis methodology shall meet the requirements of subdivision (ae);

    (D) For areas with a transportation plan that meets the content requirements of paragraph (g)(1), the emissions analysis shall be performed for each horizon year. Emissions in milestone years which are between the horizon years may be determined by interpolation; and

    (E) For areas with a transportation plan that does not meet the content requirements of paragraph (g)(1), the emissions analysis shall be performed for any years in the time span of the transportation plan provided they are not more than ten years apart and provided the analysis is performed for the last year of the plan's forecast period. If the attainment year is in the time span of the transportation plan, the emissions analysis must also be performed for the attainment year. Emissions in milestone years which are between these analysis years may be determined by interpolation.

  3. The regional emissions analysis shall demonstrate that for each of the applicable pollutants or pollutant precursors in subparagraph (2)(A) of this subdivision the emissions are less than or equal to the motor vehicle emissions budget as established in the applicable implementation plan or implementation plan submission as follows:

    (A) If the applicable implementation plan or implementation plan submission establishes emissions budgets for milestone years, emissions in each milestone year are less than or equal to the motor vehicle emissions budget established for that year;

    (B) For nonattainment areas, emissions in the attainment year are less than or equal to the motor vehicle emissions budget established in the applicable implementation plan or implementation plan submission for that year;

    (C) For nonattainment areas, emissions in each analysis or horizon year after the attainment year are less than or equal to the motor vehicle emissions budget established by the applicable implementation plan or implementation plan submission for the attainment year. If emissions budgets are established for years after the attainment year, emissions in each analysis year or horizon year must be less than or equal to the motor vehicle emissions budget for that year, if any, or the motor vehicle emissions budget for the most recent budget year prior to the analysis year or horizon year; and

    (D) For maintenance areas, emissions in each analysis or horizon year are less than or equal to the motor vehicle emissions budget established by the maintenance plan for that year, if any, or the emissions budget for the most recent budget year prior to the analysis or horizon year.

(t) Criteria and procedures: Motor vehicle emissions budget (TIP).

  1. The TIP must be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission). This criterion applies during the transitional period and the control strategy and maintenance periods, except as provided in subdivision (ak). This criterion may be satisfied if the requirements in paragraphs (2) and (3) of this subdivision are met;
  2. For areas with a conforming transportation plan that fully meets the content requirements of paragraph (g)(1), this criterion may be satisfied without additional regional analysis if:

    (A) Each program year of the TIP is consistent with the Federal funding which may be reasonably expected for that year, and required State/local matching funds and funds for State/local funding only projects are consistent with the revenue sources expected over the same period; and

    (B) The TIP is consistent with the conforming transportation plan such that the regional emissions analysis already performed for the plan applies to the TIP also. This requires a demonstration that:

    (i) The TIP contains all projects which must be started in the TIP's timeframe in order to achieve the highway and transit system envisioned by the transportation plan in each of its horizon years;

    (ii) All TIP projects which are regionally significant are part of the specific highway or transit system envisioned in the transportation plan's horizon years; and

    (iii) The design concept and scope of each regionally significant project in the TIP is not significantly different from that described in the transportation plan.

    (C) If the requirements in paragraphs (2)(A) and (2)(B) of this subdivision are not met, then:

    (i) The TIP may be modified to meet those requirements; or

    (ii) The transportation plan must be revised so that the requirements in subparagraphs (2)(A) and (2)(B) of this subdivision are met. Once the revised plan has been found to conform, this criterion is met for the TIP with no additional analysis except a demonstration that the TIP meets the requirements of subparagraphs (2)(A) and (2)(B) of this subdivision.

  3. For areas with a transportation plan that does not meet the content requirements of paragraph (g)(1), a regional emissions analysis must meet all of the following requirements:

    (A) The regional emissions analysis shall estimate emissions from the entire transportation system, including all projects contained in the proposed TIP, the transportation plan, and all other regionally significant highway and transit projects expected in the nonattainment or maintenance area in the timeframe of the transportation plan;

    (B) The analysis methodology shall meet the requirements of paragraph (ae)(3); and

    (C) The regional analysis shall satisfy the requirements of subparagraphs (s)(2)(A), (s)(2)(E), and paragraph (s)(3).

(u) Criteria and procedures: Motor vehicle emissions budget (project not from a plan and TIP).

  1. The project which is not from a conforming transportation plan and a conforming TIP must be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission). This criterion applies during the transitional period and the control strategy and maintenance periods, except as provided in subdivision (ak). It is satisfied if emissions from the implementation of the project, when considered with the emissions from the projects in the conforming transportation plan and TIP and all other regionally significant projects expected in the area, do not exceed the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission).
  2. For areas with a conforming transportation plan that meets the content requirements of paragraph (g)(1):

    (A) This criterion may be satisfied without additional regional analysis if the project is included in the conforming transportation plan, even if it is not specifically included in the latest conforming TIP. This requires a demonstration that:

    (i) Allocating funds to the project will not delay the implementation of projects in the transportation plan or TIP which are necessary to achieve the highway and transit system envisioned by the transportation plan in each of its horizon years;

    (ii) The project is not regionally significant or is part of the specific highway or transit system envisioned in the transportation plan's horizon years; and

    (iii) The design concept and scope of the project is not significantly different from that described in the transportation plan.

    (B) If the requirements in paragraph (2)(A) of this subdivision are not met, a regional emissions analysis must be performed as follows:

    (i) The analysis methodology shall meet the requirements of subdivision (ae);

    (ii) The analysis shall estimate emissions from the transportation system, including the proposed project and all other regionally significant projects expected in the nonattainment or maintenance area in the timeframe of the transportation plan. The analysis must include emissions from all previously approved projects which were not from a transportation plan and TIP; and

    (iii) The emissions analysis shall meet the requirements of subparagraphs (s)(2)(A), (s)(2)(D), and paragraph (s)(3).

  3. For areas with a transportation plan that does not meet the content requirements of paragraph (g)(1), a regional emissions analysis must be performed for the project together with the conforming TIP and all other regionally significant projects expected in the nonattainment or maintenance area. This criterion may be satisfied if:

    (A) The analysis methodology meets the requirements of paragraph (ae)(3);

    (B) The analysis estimates emissions from the transportation system, including the proposed project, and all other regionally significant projects expected in the nonattainment or maintenance area in the timeframe of the transportation plan; and

    (C) The regional analysis satisfies the requirement of subparagraphs (s)(2)(A), (s)(2)(E), and paragraph (s)(3).

(v) Criteria and procedures: Localized CO violations (hot spots) in the interim period.

  1. Each FHWA/FTA project must eliminate or reduce the severity and number of localized CO violations in the area substantially affected by the project (in CO nonattainment areas). This criterion applies during the interim and transitional periods only. This criterion is satisfied with respect to existing localized CO violations if it is demonstrated that existing localized CO violations will be eliminated or reduced in severity and number as a result of the project.
  2. The demonstration must be performed according to the requirements of clause (f)(3)(A)(i) and subdivision (af).
  3. For projects which are not of the type identified by paragraph (af)(1), this criterion may be satisfied if consideration of local factors clearly demonstrates that existing CO violations will be eliminated or reduced in severity and number. Otherwise, a quantitative demonstration must be performed according to the requirements of paragraph (af)(2).

(w) Criteria and procedures: Interim period reductions in ozone and CO areas (transportation plan).

  1. A transportation plan must contribute to emissions reductions in ozone and CO nonattainment areas. This criterion applies during the interim and transitional periods only, except as otherwise provided in subdivision (ak). It applies to the net effect on emissions of all projects contained in a new or revised transportation plan. This criterion may be satisfied if a regional emissions analysis is performed as described in paragraphs (2) through (6) of this subdivision.
  2. Determine the analysis years for which emissions are to be estimated. Analysis years shall be no more than ten years apart. The first analysis year shall be no later than the first milestone year (1995 in CO nonattainment areas and 1996 in ozone nonattainment areas). The second analysis year shall be either the attainment year for the area, or if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan's forecast period shall also be an analysis year.
  3. Define the "Baseline scenario" for each of the analysis years to be the future transportation system that would result from current programs, composed of the following (except that projects listed in (aj) and (ak) need not be explicitly considered):

    (A) All in-place regionally significant highway and transit facilities, services and activities;

    (B) All ongoing travel demand management or transportation system management activities; and

    (C) Completion of all regionally significant projects, regardless of funding source, which are currently under construction or are undergoing right-of-way acquisition (except for hardship acquisition and protective buying); come from the first three years of the previously conforming transportation plan and/or TIP; or have completed the NEPA process. (For the first conformity determination on the transportation plan after November 24, 1993, a project may not be included in the "Baseline" scenario if one of the following major steps has not occurred within the past three years: NEPA process completion; start of final design; acquisition of a significant portion of the right-of-way; or approval of the plans, specifications and estimates. Such a project must be included in the "Action" scenario, as described in paragraph (4) of this subdivision.)

  4. Define the "Action" scenario for each of the analysis years as the transportation system that will result in that year from the implementation of the proposed transportation plan, TIPs adopted under it, and other expected regionally significant projects in the nonattainment area. It will include the following [except that projects listed in subdivisions (ai) and (aj) need not be explicitly considered]:

    (A) All facilities, services, and activities in the "Baseline" scenario;

    (B) Completion of all TCMs and regionally significant projects (including facilities, services, and activities) specifically identified in the proposed transportation plan which will be operational or in effect in the analysis year, except that regulatory TCMs may not be assumed to begin at a future time unless the regulation is already adopted by the enforcing jurisdiction or the TCM is identified in the applicable implementation plan;

    (C) All travel demand management programs and transportation system management activities known to SCAG, but not included in the applicable implementation plan or utilizing any Federal funding or approval, which have been fully adopted and/or funded by the enforcing jurisdiction or sponsoring agency since the last conformity determination on the transportation plan;

    (D) The incremental effects of any travel demand management programs and transportation system management activities known to SCAG, but not included in the applicable implementation plan or utilizing any Federal funding or approval, which were adopted and/or funded prior to the date of the last conformity determination on the transportation plan, but which have been modified since then to be more stringent or effective;

    (E) Completion of all expected regionally significant highway and transit projects which are not from a conforming transportation plan and TIP; and

    (F) Completion of all expected regionally significant non-FHWA/FTA highway and transit projects that have clear funding sources and commitments leading toward their implementation and completion by the analysis year.

  5. Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the "Baseline" and "Action" scenarios and determine the difference in regional VOC and NOx emissions (unless the Administrator has made a determination under Section 182(f) of the CAA that additional NOx reductions would not contribute to attainment) between two scenarios for ozone nonattainment areas and the difference in CO emissions between the two scenarios for CO nonattainment areas. The analysis must be performed for each of the analysis years according to the requirements of subdivision (ae). Emissions in milestone years which are between the analysis years may be determined by interpolation.
  6. This criterion is met if the regional VOC and NOx emissions (for ozone nonattainment areas) and CO emissions (for CO nonattainment areas) predicted in the "Action" scenario are less than the emissions predicted from the "Baseline" scenario in each analysis year, and if this can reasonably be expected to be true in the periods between the first milestone year and analysis years. The regional analysis must show that the "Action" scenario contributes to a reduction in emissions from the 1990 emissions by any nonzero amount.

(x) Criteria and procedures: Interim period reductions in ozone and CO areas (TIP).

  1. A TIP must contribute to emissions reductions in ozone and CO nonattainment areas. This criterion applies during the interim and transitional periods only, except as otherwise provided in subdivision (ak). It applies to the net effect on emissions of all projects contained in a new or revised TIP. This criterion may be satisfied if a regional emissions analysis is performed as described in paragraphs (2) through (6) of this subdivision.
  2. Determine the analysis years for which emissions are to be estimated. The first analysis year shall be no later than the first milestone year (1995 in CO nonattainment areas and 1996 in ozone nonattainment areas). The analysis years shall be no more than ten years apart. The second analysis year shall be either the attainment year for the area, or if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan's forecast period shall also be an analysis year.
  3. Define the 'Baseline' scenario as the future transportation system that would result from current programs, composed of the following (except that projects listed in subdivisions (ai) and (aj) need not be explicitly considered):

    (A) All in-place regionally significant highway and transit facilities, services and activities;

    (B) All ongoing travel demand management or transportation system management activities; and

    (C) Completion of all regionally significant projects, regardless of funding source, which are currently under construction or are undergoing right-of-way acquisition (except for hardship acquisition and protective buying); come from the first three years of the previously conforming TIP; or have completed the NEPA process. (For the first conformity determination on the TIP after November 24, 1993, a project may not be included in the "Baseline" scenario if one of the following major steps has not occurred within the past three years: NEPA process completion; start of final design; acquisition of a significant portion of the right-of-way; or approval of the plans, specifications and estimates. Such a project must be included in the "Action" scenario, as described in paragraph (4) of this subdivision.)

  4. Define the 'Action' scenario as the future transportation system that will result from the implementation of the proposed TIP and other expected regionally significant projects in the nonattainment area in the timeframe of the transportation plan. It will include the following [except that projects listed in subdivisions (ai) and (aj) need not be explicitly considered]:

    (A) All facilities, services, and activities in the 'Baseline' scenario;

    (B) Completion of all TCMs and regionally significant projects (including facilities, services, and activities) included in the proposed TIP, except that regulatory TCMs may not be assumed to begin at a future time unless the regulation is already adopted by the enforcing jurisdiction or the TCM is contained in the applicable implementation plan;

    (C) All travel demand management programs and transportation system management activities known to SCAG, but not included in the applicable implementation plan or utilizing any Federal funding or approval, which have been fully adopted and/or funded by the enforcing jurisdiction or sponsoring agency since the last conformity determination on the TIP;

    (D) The incremental effects of any travel demand management programs and transportation system management activities known to SCAG, but not included in the applicable implementation plan or utilizing any Federal funding or approval, which were adopted and/or funded prior to the date of the last conformity determination on the TIP, but which have been modified since then to be more stringent or effective;

    (E) Completion of all expected regionally significant highway and transit projects which are not from a conforming transportation plan and TIP; and

    (F) Completion of all expected regionally significant non-FHWA/FTA highway and transit projects that have clear funding sources and commitments leading toward their implementation and completion by the analysis year.

  5. Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the 'Baseline' and 'Action' scenarios, and determine the difference in regional VOC and NOx emissions (unless the Administrator determines that additional reductions of NOx would not contribute to attainment) between the two scenarios for ozone nonattainment areas and the difference in CO emissions between the two scenarios for CO nonattainment areas. The analysis must be performed for each of the analysis years according to the requirements of subdivision (ae). Emissions in milestone years which are between analysis years may be determined by interpolation.
  6. This criterion is met if the regional VOC and NOx emissions in ozone nonattainment areas and CO emissions in CO nonattainment areas predicted in the 'Action' scenario are less than the emissions predicted from the 'Baseline' scenario in each analysis year, and if this can reasonably be expected to be true in the period between the analysis years. The regional analysis must show that the 'Action' scenario contributes to a reduction in emissions from the 1990 emissions by any nonzero amount.

(y) Criteria and procedures: Interim period reductions for ozone and CO areas (project not from a plan and TIP).

A Transportation project which is not from a conforming transportation plan and TIP must contribute to emissions reductions in ozone and CO nonattainment areas. This criterion applies during the interim and transitional periods only, except as otherwise provided in subdivision (ak). This criterion is satisfied if a regional emissions analysis is performed which meets the requirements of subdivision (w) and which includes the transportation plan and project in the "Action" scenario. If the project which is not from a conforming transportation plan and TIP is a modification of a project currently in the plan or TIP, the "Baseline" scenario must include the project with its original design concept and scope, and the 'Action' scenario must include the project with its new design concept and scope.

(z) Criteria and procedures: Interim period reductions for PM10 and NO2 areas (transportation plan).

  1. A transportation plan must contribute to emission reductions or must not increase emissions in PM10 and NO2 nonattainment areas. This criterion applies only during the interim and transitional periods. It applies to the net effect on emissions of all projects contained in a new or revised transportation plan. This criterion may be satisfied if the requirements of either paragraph (2) or (3) of this subdivision are met.
  2. Demonstrate that implementation of the plan and all other regionally significant projects expected in the nonattainment area will contribute to reductions in emissions of PM10 in a PM10 nonattainment area (and of each transportation-related precursor of PM10 in PM10 nonattainment areas if the EPA Regional Administrator or the director of the State air agency has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM10 nonattainment problem and has so notified the MPO and DOT) and of NOx in an NO2 nonattainment area, by performing a regional emissions analysis as follows:

    (A) Determine the analysis years for which emissions are to be estimated. Analysis years shall be no more than ten years apart. The first analysis year shall be no later than 1996 (for NO2 areas) or four years and six months following the date of designation (for PM10 areas). The second analysis year shall be either the attainment year for the area, or if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan's forecast period shall also be an analysis year.

    (B) Define for each of the analysis years the "Baseline" scenario, as defined in paragraph (w)(3), and the "action" scenario, as defined in paragraph (w)(4).

    (C) Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the "Baseline" and "Action" scenarios and determine the difference between the two scenarios in regional PM10 emissions in a PM10 nonattainment area (and transportation-related precursors of PM10 in PM10 nonattainment areas if the EPA Regional Administrator or the director of the State air agency has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM10 nonattainment problem and has so notified the MPO and DOT) and in NOx emissions in an NO2 nonattainment area. The analysis must be performed for each of the analysis years according to the requirements of subdivision (ae). The analysis must address the periods between the analysis years and the periods between 1990, the first milestone year (if any), and the first of the analysis years. Emissions in milestone years which are between the analysis years may be determined by interpolation.

    (D) Demonstrate that the regional PM10 emissions and PM10 precursor emissions, where applicable, (for PM10 nonattainment areas) and NOx emissions (for NO2 nonattainment areas) predicted in the 'Action' scenario are less than the emissions predicted from the 'Baseline' scenario in each analysis year, and that this can reasonably be expected to be true in the periods between the first milestone year (if any) and the analysis years.

  3. Demonstrate that when the projects in the transportation plan and all other regionally significant projects expected in the nonattainment area are implemented, the transportation system's total highway and transit emissions of PM10 in a PM10 nonattainment area (and transportation-related precursors of PM10 in PM10 nonattainment areas if the EPA Regional Administrator or the director of the State air agency has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM10 nonattainment problem and has so notified the MPO and DOT) and of NOx in an NO2 nonattainment area will not be greater than baseline levels, by performing a regional emissions analysis as follows:

    (A) Determine the baseline regional emissions of PM10 and PM10 precursors, where applicable (for PM10 nonattainment areas) and NOx (for NO2 nonattainment areas) from highway and transit sources. Baseline emissions are those estimated to have occurred during calendar year 1990, unless the implementation plan revision required by this rule defines the baseline emissions for a PM10 area to be those occurring in a different calendar year for which a baseline emissions inventory was developed for the purpose of developing a control strategy implementation plan.

    (B) Estimate the emissions of the applicable pollutant(s) from the entire transportation system, including projects in the transportation plan and TIP and all other regionally significant projects in the nonattainment area, according to the requirements of subdivision (ae). Emissions shall be estimated for analysis years which are no more than ten years apart. The first analysis year shall be no later than 1996 (for NO2 areas) or four years and six months following the date of designation (for PM10 areas). The second analysis year shall be either the attainment year for the area, or if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan's forecast period shall also be an analysis year.

    (C) Demonstrate that for each analysis year the emissions estimated in paragraph (3)(B) of this subdivision are no greater than baseline emissions of PM10 and PM10 precursors, where applicable (for PM10 nonattainment areas) or NOx (for NO2 nonattainment areas) from highway and transit sources.

(aa) Criteria and procedures: Interim period reductions for PM10 and NO2 areas (TIP).

  1. A TIP must contribute to emission reductions or must not increase emissions in PM10 and NO2 nonattainment areas. This criterion applies only during the interim and transitional periods. It applies to the net effect on emissions of all projects contained in a new or revised TIP. This criterion may be satisfied if the requirements of either paragraph (2) or paragraph (3) of this subdivision are met.
  2. Demonstrate that implementation of the plan and TIP and all other regionally significant projects expected in the nonattainment area will contribute to reductions in emissions of PM10 in a PM10 nonattainment area (and transportation-related precursors of PM10 in PM10 nonattainment areas if the EPA Regional Administrator or the director of the State air agency has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM10 nonattainment problem and has so notified the MPO and DOT) and of NOx in an NO2 nonattainment area, by performing a regional emissions analysis as follows:

    (A) Determine the analysis years for which emissions are to be estimated, according to the requirements of subparagraph (z)(2)(A).

    (B) Define for each of the analysis years the "Baseline" scenario, as defined in paragraph (x)(3), and the "Action" scenario, as defined in paragraph (x)(4).

    (C) Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the "Baseline" and "Action" scenarios as required by subparagraph (z)(2)(C), and make the demonstration required by subparagraph (z)(2)(D).

  3. Demonstrate that when the projects in the transportation plan and TIP and all other regionally significant projects expected in the area are implemented, the transportation system's total highway and transit emissions of PM10 in a PM10 nonattainment area (and transportation-related precursors of PM10 in PM10 nonattainment areas if the EPA Regional Administrator or the director of the State air agency has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM10 nonattainment problem and has so notified the MPO and DOT) and of NOx in an NO2 nonattainment area will not be greater than baseline levels, by performing a regional emissions analysis as required by subparagraphs (z)(3)(A)-(C).

(ab) Criteria and procedures: Interim period reductions for PM10 and NO2 areas (project not from a plan and TIP).
A transportation project which is not from a conforming transportation plan and TIP must contribute to emission reductions or must not increase emissions in PM10 and NO2 nonattainment areas. This criterion applies during the interim and transitional periods only. This criterion is met if a regional emissions analysis is performed which meets the requirements of subdivision (z) and which includes the transportation plan and project in the "Action" scenario. If the project which is not from a conforming transportation plan and TIP is a modification of a project currently in the transportation plan or TIP, and paragraph (z)(2) is used to demonstrate satisfaction of this criterion, the 'Baseline' scenario must include the project with its original design concept and scope, and the 'Action' scenario must include the project with its new design concept and scope.

(ac) Transition from the Interim period to the control strategy period.

  1. Control strategy implementation plan submissions.

    (A) The transportation plan and TIP must be demonstrated to conform by 18 months from the date of the State's initial submission to EPA of each control strategy implementation plan establishing a motor vehicle emissions budget. If conformity is not determined by 18 months from the date of submission of such control strategy implementation plan, the conformity status of the transportation plan and TIP will lapse, and no new project-level conformity determinations may be made, until the transportation plan and TIP have been demonstrated to conform.

    (B) For areas not yet in the control strategy period for a given pollutant, conformity shall be demonstrated using the motor vehicle emissions budget(s) in a submitted control strategy implementation plan revision for that pollutant beginning 90 days after submission, unless EPA declares such budget(s) inadequate for transportation conformity purposes. The motor vehicle emissions budget(s) may be used to determine conformity during the first 90 days after its submission if EPA agrees that the budget(s) are adequate for conformity purposes.

  2. Disapprovals.

    (A) If EPA disapproves the submitted control strategy implementation plan revision and so notifies the State, MPO, and DOT, which initiates the sanction process under Clean Air Act section 179 or 110(m), the conformity status of the transportation plan and TIP shall lapse 120 days after EPA's disapproval, and no new project-level conformity determiniations may be made. No new transportation plan, TIP, or project may be found to conform until another control strategy implementation plan revision fulfilling the same Clean Air Act requirements is submitted and conformity to this submission is determined.

    (B) Notwithstanding subparagraph (ac)(2)(A) of this section, if EPA disapproves the submitted control strategy implementation plan revision but makes a protective finding, the conformity status of the transportation plan and TIP shall lapse on the date that highway sanctions as a result of the disapproval are imposed on the nonattainment area under section 179(b)(1) of the Clean Air Act. No new transportation plan, TIP, or project may be found to conform until another control strategy implementation plan revision fulfilling the same Clean Air Act requirements is submitted and conformity to this submission is determined.

  3. Failure to submit and incompleteness. For areas where EPA notifies the State, MPO, and DOT of the State's failure to submit or submission of an incomplete control strategy implementation plan revision, which initiates the sanction process under Clean Air Act section 179 or 110(m), the conformity status of the transportation plan and TIP shall lapse on the date that highway sanctions are imposed on the nonattainment area for such failure under section 179(b)(1) of the Clean Air Act, unless the failure has been remedied and acknowledged by a letter from the EPA Regional Administrator.
  4. Federal implementation plans. When EPA promulgates a federal implementation plan that contains motor vehicle emissions budget(s) as a result of a State failure, the conformity lapse imposed by this section because of that State failure is removed.
  5. Projects. If the currently conforming transportation plan and TIP have not been demonstrated to conform according to transitional period criteria and procedures, the requirements of paragraphs (5)(A) and (B) of this subdivision must be met.

    (A) Before a FHWA/FTA project which is regionally significant and increases single-occupant vehicle capacity (a new general purpose highway on a new location or adding general purpose lanes) may be found to conform, the State air agency must be consulted on how the emissions which the existing transportation plan and TIP's conformity determination estimates for the "Action" scenario [as required by subdivisions (w) through (ab)] compare to the motor vehicle emissions budget in the implementation plan submission or the projected motor vehicle emissions budget in the implementation plan under development.

    (B) In the event of unresolved disputes on such project-level conformity determinations, the Air Resources Board may escalate the issue to the Governor consistent with the procedure in subdivision (f)(4), which applies for any State air agency comments on a conformity determination.

  6. Redetermination of conformity of the existing transportation plan and TIP according to the transitional period criteria and procedures.

    (A) The redetermination of the conformity of the existing transportation plan and TIP according to transitional period criteria and procedures [as required by paragraphs (1)(A) and (4)(A) of this subdivision] does not require new emissions analysis and does not have to satisfythe requirements of subdivision (k) if:

    (i) The control strategy implementation plan revision submitted to EPA uses the MPO's modeling of the existing transportation plan and TIP for its projections of motor vehicle emissions; and

    (ii) The control strategy implementation plan does not include any transportation projects which are not included in the transportation plan and TIP.


    (B) A redetermination of conformity as described in subparagraph (6)(A) of this subdivision is not considered a conformity determination for the purposes of subparagraph (e)(2)(D) or (e)(3)(D) regarding the maximum intervals between conformity determinations. Conformity must be determined according to all the applicable criteria and procedures of subdivision (j) within three years of the last determination which did not rely on subparagraph (6)(A) of this subdivision.

  7. Nonattainment areas which are not required to demonstrate reasonable further progress and attainment. If an area listed in subdivision (ak) submits a control strategy implementation plan revision, the requirements of paragraphs (1) and (5) of this subdivision apply. Because the areas listed in subdivision (ak) are not required to demonstrate reasonable further progress and attainment the provisions of paragraph (2) and (3) of this subdivision do not apply to these areas.
  8. Maintenance plans. If a control strategy implementation plan revision is not submitted to EPA but a maintenance plan required by Clean Air Act Section 175A is submitted to EPA, the requirements of paragraph (1) or (4) of this subdivision apply, with the maintenance plan submission treated as a "control strategy implementation plan revision" for the purposes of those requirements.

(ad) Requirements for adoption or approval of projects by recipients of funds designated under Title 23 U.S.C. or the Federal Transit Act.

No recipient of federal funds designated under Title 23 U.S.C. or the Federal Transit Act shall adopt or approve a regionally significant highway or transit project, regardless of funding source, unless there is a currently conforming transportation plan and TIP consistent with the requirements of subdivision (o) and the requirements of one of the following paragraphs (1) through (5) of this subdivision are met:

  1. The project comes from a conforming plan and program consistent with the requirements of subdivision (p);
  2. 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 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;
  3. During the control strategy or maintenance period, the project is consistent with the motor vehicle emissions budget(s) in the applicable implementation plan consistent with the requirements of subdivision (u);
  4. During Phase II of the interim period, the project contributes to emissions reductions or does not increase emissions consistent with the requirements of subdivision (y) (in ozone and CO nonattainment areas) or subdivision (ab) (in PM10 and NO2 nonattainment areas); or
  5. During the transitional period, the project satisfies the requirements of both paragraphs (3) and (4) of this subdivision.

(ae) Procedures for determining regional transportation-related emissions.

  1. General requirements.

    (A) The regional emissions analysis for the transportation plan, TIP, or project not from a conforming plan and TIP shall include all regionally significant projects expected in the nonattainment or maintenance area, including FHWA/FTA projects proposed in the transportation plan and TIP and all other regionally significant projects which are disclosed to the MPO as required by subdivision (f). Projects which are not regionally significant are not required to be explicitly modeled, but VMT from such projects must be estimated in accordance with reasonable professional practice. The effects of TCMs and similar projects that are not regionally significant may also be estimated in accordance with reasonable professional practice.

    (B) The emissions analysis may not include for emissions reduction credit any TCMs which have been delayed beyond the scheduled date(s) until such time as implementation has been assured. If the TCM has been partially implemented and it can be demonstrated that it is providing quantifiable emission reduction benefits, the emissions analysis may include that emissions reduction credit.

    (C) Emissions reduction credit from projects, programs, or activities which require a regulation in order to be implemented may not be included in the emissions analysis unless the regulation is already adopted by the enforcing jurisdiction. Adopted regulations are required for demand management strategies for reducing emissions which are not specifically identified in the applicable implementation plan, and for control programs which are external to the transportation system itself, such as tailpipe or evaporative emission standards, limits on gasoline volatility, inspection and maintenance programs, and oxygenated or reformulated gasoline or diesel fuel. A regulatory program may also be considered to be adopted if an opt-in to a Federally enforced program has been approved by EPA, if EPA has promulgated the program (if the control program is a Federal responsibility, such as tailpipe standards), or if the Clean Air Act requires the program without need for individual State action and without any discretionary authority for EPA to set its stringency, delay its effective date, or not implement the program.

    (D) Notwithstanding subparagraph (1)(C) of this subdivision, during the transitional period, control measures or programs which are committed to in an implementation plan submission as described in subdivisions (s) through (u), but which have not received final EPA action in the form of a finding of incompleteness, approval, or disapproval may be assumed for emission reduction credit for the purpose of demonstrating that the requirements of subdivisions (s) through (u) are satisfied.

    (E) A regional emissions analysis for the purpose of satisfying the requirements of subdivisions (w) through (y) may account for the programs in subparagraph (1)(D) of this subdivision, but the same assumptions about these programs shall be used for both the "Baseline" and "Action" scenarios.

    (F) Ambient temperatures shall be consistent with those used to establish the emissions budget in the applicable implementation plan. Factors other than temperatures, for example the fraction of travel in a hot stabilized engine mode, may be modified after interagency consultation in accordance with subdivision (f) if the newer estimates incorporate additional or more geographically specific information or represent a logically estimated trend in such factors beyond the period considered in the applicable implementation plan.

  2. Serious, severe, and extreme ozone nonattainment areas and serious carbon monoxide areas after January 1, 1995. Estimates of regional transportation-related emissions used to support conformity determinations must be made according to procedures which meet the requirements in subparagraphs (2)(A) through (E) of this subdivision.

    (A) A network-based transportation demand model or models relating travel demand and transportation system performance to land-use patterns, population demographics, employment, transportation infrastructure, and transportation policies must be used to estimate travel within the metropolitan planning area of the nonattainment area. Such a model shall possess the following attributes:

    (i) The modeling methods and the functional relationships used in the model(s) shall in all respects be in accordance with acceptable professional practice, and reasonable for purposes of emission estimation;

    (ii) The network-based model(s) must be validated against ground counts for a base year that is not more than 10 years prior to the date of the conformity determination. Land use, population, and other inputs must be based on the best available information and appropriate to the validation base year;

    (iii) For peak-hour or peak-period traffic assignments, a capacity sensitive assignment methodology must be used;

    (iv) Zone-to-zone travel times used to distribute trips between origin and destination pairs must be in reasonable agreement with the travel times which result from the process of assignment of trips to network links. Where use of transit currently is anticipated to be a significant factor in satisfying transportation demand, these times should also be used for modeling mode splits;

    (v) Free-flow speeds on network links shall be based on empirical observations;

    (vi) Peak and off-peak travel demand and travel times must be provided;

    (vii) Trip distribution and mode choice must be sensitive to pricing, where pricing is a significant factor, if the network model is capable of such determinations and the necessary information is available;

    (viii) The model(s) must utilize and document a logical correspondence between the assumed scenario of land development and use and the future transportation system for which emissions are being estimated. Reliance on a formal land-use model is not specifically required but is encouraged;

    (ix) A dependence of trip generation on the accessibility of destinations via the transportation system (including pricing) is strongly encouraged but not specifically required, unless the network model is capable of such determinations and the necessary information is available;

    (x) A dependence of regional economic and population growth on the accessibility of destinations via the transportation system is strongly encouraged but not specifically required, unless the network model is capable of such determinations and the necessary information is available; and

    (xi) Consideration of emissions increases from construction-related congestion is not specifically required.

    (B) Highway Performance Monitoring System (HPMS) estimates of vehicle miles traveled shall be considered the primary measure of vehicle miles traveled within the portion of the nonattainment or maintenance area and for the functional classes of roadways included in HPMS, for urban areas which are sampled on a separate urban area basis. A factor (or factors) shall be developed to reconcile and calibrate the network-based model estimates of vehicle miles traveled in the base year of its validation to the HPMS estimates for the same period, and these factors shall be applied to model estimates of future vehicle miles traveled. In this factoring process, consideration will be given to differences in the facility coverage of the HPMS and the modeled network description. Departure from these procedures is permitted with the concurrence of DOT and EPA.

    (C) Reasonable methods shall be used to estimate nonattainment area vehicle travel on off-network roadways within the urban transportation planning area, and on roadways outside the urban transportation planning area.

    (D) Reasonable methods in accordance with good practice must be used to estimate traffic speeds and delays in a manner that is sensitive to the estimated volume of travel on each roadway segment represented in the network model.

  3. Areas which are not serious, severe, or extreme ozone nonattainment areas or serious carbon monoxide areas, or before January 1, 1995.

    (A) Procedures which satisfy some or all of the requirements of paragraph (2) of this subdivision shall be used in all areas not subject to paragraph (2) of this subdivision in which those procedures have been the previous practice of SCAG.

    (B) Regional emissions may be estimated by methods which do not explicitly or comprehensively account for the influence of land use and transportation infrastructure on vehicle miles traveled and traffic speeds and congestion. Such methods must account for VMT growth by extrapolating historical VMT or projecting future VMT by considering growth in population and historical growth trends for vehicle miles travelled per person. These methods must also consider future economic activity, transit alternatives, and transportation system policies.

  4. Projects not from a conforming plan and TIP in isolated rural nonattainment and maintenance areas. This paragraph applies to any nonattainment or maintenance area or any portion thereof which does not have a metropolitan transportation plan or TIP and whose projects are not part of the emissions analysis of any MPO's metropolitan transportation plan or TIP (because the nonattainment or maintenance area or portion thereof does not contain a metropolitan planning area or portion of a metropolitan planning area and is not part of a Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area which is or contains a nonattainment or maintenance area).

    (A) Conformity demonstrations for projects in these areas may satisfy the requirements of subdivisions (u), (y), and (ab) with one regional emissions analysis which includes all the regionally significant projects in the nonattainment or maintenance area (or portion thereof).

    (B) The requirements of subdivision (u) shall be satisfied according to the procedures in subdivision (u)(3), with references to the "transportation plan" taken to mean the statewide transportation plan.

    (C) The requirements of subdivisions (y) and (ab) which reference "transportation plan" or "TIP" shall be taken to mean those projects in the statewide transportation plan or statewide TIP which are in the nonattainment or maintenance area (or portion thereof).

    (D) The requirement of paragraph (ad)(2) shall be satisfied if:

    (i) The project is included in the regional emissions analysis which includes all regionally significant highway and transportation projects in the nonattainment or maintenance area (or portion thereof) and support the most recent conformity determination made according to the requirements of subdivisions (w), (y), or (ab) (as modified by subparagraphs (4)(B) and (4)(C) of this subdivision), as appropriate for the time period and pollutant; and

    (ii) 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.

  5. PM10 from construction-related fugitive dust.

    (A) For areas in which the implementation plan does not identify construction-related fugitive PM10 as a contributor to the nonattainment problem, the fugitive PM10 emissions associated with highway and transit project construction are not required to be considered in the regional emissions analysis.

    (B) In PM10 nonattainment and maintenance areas with implementation plans which identify construction-related fugitive PM10 as a contributor to the nonattainment problem, the regional PM10 emissions analysis shall consider construction-related fugitive PM10 and shall account for the level of construction activity, the fugitive PM10 control measures in the applicable implementation plan, and the dust-producing capacity of the proposed activities.

(af) Procedures for determining localized CO and PM10 concentrations (hot spot analysis).

  1. In the following cases, CO hot-spot analyses must be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR Part 51, appendix W ("Guideline on Air Quality Models (Revised)" (1988), supplement A (1987) and supplement B (1993), EPA publications no. 450/2-78-027R), unless, after the interagency consultation process described in subdivision (f) and with the approval of the EPA Regional Administrator, these models, data bases, and other requirements are determined to be inappropriate:

    (A) For projects in or affecting locations, areas, or categories of sites which are identified in the applicable implementation plan as sites of current violation or possible current violation;

    (B) For those intersections at Level-of-Service D, E, or F, or those that will change to Level-of-Service D, E, or F because of increased traffic volumes related to a new project in the vicinity;

    (C) For any project involving or affecting any of the intersections which the applicable implementation plan identifies as the top three intersections in the nonattainment or maintenance area based on the highest traffic volumes;

    (D) For any project involving or affecting any of the intersections which the applicable implementation plan identifies as the top three intersections in the nonattainment or maintenance area based on the worst Level-of-Service; and

    (E) Where use of the "Guideline" models is practicable and reasonable given the potential for violations.

  2. In cases other than those described in paragraph (1) of this subdivision, other quantitative methods may be used if they represent reasonable and common professional practice.
  3. CO hot-spot analyses must include the entire project, and may be performed only after the major design features which will significantly impact CO concentrations have been identified. The background concentration can be estimated using the ratio of future to current traffic multiplied by the ratio of future to current emission factors.
  4. PM10 hot-spot analysis must be performed for projects which are located at sites at which violations have been verified by monitoring, and at sites which have essentially identical vehicle and roadway emission and dispersion characteristics (including sites near one at which a violation has been monitored). The projects which require PM10 hot-spot analysis shall be determined through the interagency consultation process required in subdivision (f). In PM10 nonattainment and maintenance areas, new or expanded bus and rail terminals and transfer points which increase the number of diesel vehicles congregating at a single location require hot-spot analysis. DOT may choose to make a categorical conformity determination on bus and rail terminals or transfer points based on appropriate modeling of various terminal sizes, configurations, and activity levels. The requirements of this paragraph for quantitative hot-spot analysis will not take effect until EPA releases modeling guidance on this subject and announces in the Federal Register that these requirements are in effect.
  5. Hot-spot analysis assumptions must be consistent with those in the regional emissions analysis for those inputs which are required for both analyses.
  6. PM10 or CO mitigation or control measures shall be assumed in the hot-spot analysis only where there are written commitments from the project sponsor and/or operator to the implementation of such measures, as required by paragraph (ah)(1).
  7. CO and PM10 hot-spot analyses are not required to consider construction-related activities which cause temporary increases in emissions. Each site which is affected by construction-related activities shall be considered separately, using established "Guideline" methods. Temporary increases are defined as those which occur only during the construction phase and last five years or less at any individual site.

(ag) Using the motor vehicle emissions budget in the applicable implementation plan (or implementation plan submission).

  1. In interpreting an applicable implementation plan (or implementation plan submission) with respect to its motor vehicle emissions budget(s), SCAG and DOT may not infer additions to the budget(s) that are not explicitly intended by the implementation plan (or submission). Unless the implementation plan explicitly quantifies the amount by which motor vehicle emissions could be higher while still allowing a demonstration of compliance with the milestone, attainment, or maintenance requirement and explicitly states an intent that some or all of this additional amount should be available to SCAG and DOT in the emission budget for conformity purposes, SCAG may not interpret the budget to be higher than the implementation plan's estimate of future emissions. This applies in particular to applicable implementation plans (or submissions) which demonstrate that after implementation of control measures in the implementation plan:

    (A) Emissions from all sources will be less than the total emissions that would be consistent with a required demonstration of an emissions reduction milestone;

    (B) Emissions from all sources will result in achieving attainment prior to the attainment deadline and/or ambient concentrations in the attainment deadline year will be lower than needed to demonstrate attainment; or

    (C) Emissions will be lower than needed to provide for continued maintenance.

  2. If an applicable implementation plan submitted before November 24, 1993 demonstrates that emissions from all sources will be less than the total emissions that would be consistent with attainment and quantifies that "safety margin", the State may submit a SIP revision which assigns some or all of this safety margin to highway and transit mobile sources for the purposes of conformity. Such a SIP revision, once it is endorsed by the Governor and has been subject to a public hearing, may be used for the purposes of transportation conformity before it is approved by EPA.
  3. A conformity demonstration shall not trade emissions among budgets which the applicable implementation plan (or implementation plan submission) allocates for different pollutants or precursors, or among budgets allocated to motor vehicles and other sources, without a SIP revision or a SIP which establishes mechanisms for such trades.
  4. If the applicable implementation plan (or implementation plan submission) estimates future emissions by geographic subarea of the nonattainment area, SCAG and DOT are not required to consider this to establish subarea budgets, unless the applicable implementation plan (or implementation plan submission) explicitly indicates an intent to create such subarea budgets for the purposes of conformity.
  5. If a nonattainment area includes more than one MPO, the SIP may establish motor vehicle emissions budgets for each MPO, or else the MPOs must collectively make a conformity determination for the entire nonattainment area.

(ah) Enforceability of design concept and scope and project-level mitigation and control measures.

  1. Prior to determining that a transportation project is in conformity, SCAG or other recipient of funds designated under Title 23 U.S.C. or the Federal Transit Act, FHWA, or FTA must obtain from the project sponsor or operator enforceable written commitments to implement in the construction of the project and operation of the resulting facility or service any project-level mitigation or control measures which are identified as conditions for NEPA process completion with respect to local PM10 or CO impacts. Before making conformity determinations enforceable written commitments must also be obtained for project-level mitigation or control measures which are conditions for making conformity determinations for a transportation plan or TIP and included in the project design concept and scope which is used in the regional emissions analysis required by subdivisions (s) through (u) and (w) through (y) or used in the project-level hot-spot analysis required by subdivisions (q) and (v).
  2. Project sponsors voluntarily committing to mitigation measures to facilitate positive conformity determinations shall provide enforceable written commitments and must comply with the obligations of such commitments.
  3. Enforceable written commitments to mitigation or control measures must be obtained prior to a positive conformity determination, and project sponsors must comply with such commitments.
  4. During the control strategy and maintenance periods, if SCAG or project sponsor believes the mitigation or control measure is no longer necessary for conformity, the project sponsor or operator may be relieved of its obligation to implement the mitigation or control measure if it can demonstrate that the requirements of subdivisions (q), (s), and (v) are satisfied without mitigation or control measure, and so notifies the agencies involved in the interagency consultation process required under subdivision (f). SCAG and DOT must confirm that the transportation plan and TIP still satisfy the requirements of subdivisions (s) and (v) and that the project still satisfies the requirements of subdivision (q), and therefore that the conformity determinations for the transportation plan, TIP, and project are still valid.

(ai) Exempt projects.

Notwithstanding the other requirements of this rule, highway and transit projects of the types listed in Table 2 are exempt from the requirement that a conformity determination be made. Such projects may proceed toward implementation even in the absence of a conforming transportation plan and TIP. A particular action of the type listed in Table 2 is not exempt if SCAG in consultation with other agencies (see clause (f)(3)(A)(iii), the EPA, and the FHWA (in the case of a highway project) or the FTA (in the case of a transit project) concur that it has potentially adverse emissions impacts for any reason. States and MPOs must ensure that exempt projects do not interfere with TCM implementation.

TABLE 2. -- EXEMPT PROJECTS


Safety

Railroad/highway crossing.
Hazard elimination program.
Safer non-Federal-aid system roads.
Shoulder improvements.
Increasing sight distance.
Safety improvement program.
Traffic control devices and operating assistance other than signalization projects.
Railroad/highway crossing warning devices.
Guardrails, median barriers, crash cushions.
Pavement resurfacing and/or rehabilitation.
Pavement marking demonstration.
Emergency relief (23 U.S.C. 125).
Fencing.
Skid treatments.
Safety roadside rest areas.
Adding medians.
Truck climbing lanes outside the urbanized area.
Lighting improvements.
Widening narrow pavements or reconstructing bridges (no additional travel lanes).
Emergency truck pullovers.

Mass Transit

Operating assistance to transit agencies.
Purchase of support vehicles.
Rehabilitation of transit vehicles.1
Purchase of office, shop, and operating equipment for existing facilities.
Purchase of operating equipment for vehicles (e.g. radios, fareboxes, lifts, etc.).
Construction or renovation of power, signal, and communications systems.
Construction of small passenger shelters and information kiosks.
Reconstruction or renovation of transit buildings and structures (e.g. rail or bus buildings, storage and
maintenance facilities, stations, terminals, and ancillary structures
Rehabilitation or reconstruction of track structures, track, and track bed in existing rights-of-way.
Purchase of new buses and rail cars to replace existing vehicles or for minor expansions of the fleet.1
Construction of new bus or rail storage/maintenance facilities categorically excluded in 23 CFR Part 771.
Air Quality

Continuation of ride-sharing and van-pooling promotion activities at current levels.
Bicycle and pedestrian facilities.

Other

Specific activities which do not involve or lead directly to construction, such as:

Engineering to assess social, economic, and environmental effects of the proposed action or alternatives to that action.
Noise attenuation.
Advance land acquisitions (23 CFR Part 712 or 23 CFR Part 771).
Acquisition of scenic easements.
Plantings, landscaping, etc.
Sign removal.
Directional and informational signs.

Transportation enhancement activities (except rehabilitation and operation of historic transportation buildings, structures, or facilities).

Repair of damage caused by natural disasters, civil unrest, or terrorist acts, except projects involving substantial functional or capacity changes.

--------------------------------------------------------------------------- 1 PM10 nonattainment or maintenance areas, such projects are exempt only if they are in compliance with control measures in the applicable implementation plan.

(aj) Projects exempt from regional emissions analyses.

Notwithstanding the other requirements of this subpart, highway and transit projects of the types listed in Table 3 are exempt from regional emissions analysis requirements. The local effects of these projects with respect to CO or PM10 concentrations must be considered to determine if a hot-spot analysis is required prior to making a project-level conformity determination. These projects may then proceed to the project development process even in the absence of a conforming transportation plan and TIP. A particular action of the type listed in Table 3 is not exempt from regional emissions analysis if the MPO in consultation with other agencies (see clause (f)(3)(A)(iii), the EPA, and the FHWA (in the case of a highway project) or the FTA (in the case of a transit project) concur that it has potential regional impacts for any reason.

TABLE 3. -- PROJECTS EXEMPT FROM REGIONAL EMISSIONS ANALYSES

Intersection channelization projects.
Intersection signalization projects at individual intersections.
Interchange reconfiguration projects.
Changes in vertical and horizontal alignment.
Truck size and weight inspection stations.
Bus terminals and transfer points.

(ak) Special provisions for nonattainment areas which are not required to demonstrate reasonable further progress and attainment.

  1. Application. This section applies in the following areas:

    (A) Rural transport ozone nonattainment areas;

    (B) Marginal ozone areas;

    (C) Submarginal ozone areas;

    (D) Transitional ozone areas;

    (E) Incomplete data ozone areas;

    (F) Moderate CO areas with a design value of 12.7 ppm or less; and

    (G) Not classified CO areas

  2. Default conformity procedures. The criteria and procedures in subdivisions (w) through (y) will remain in effect throughout the control strategy period for transportation plans, TIPs, and projects (not from a conforming plan and TIP) in lieu of the procedures in subdivisions (s) through (u), except as otherwise provided in paragraph (3) of this subdivision.
  3. Optional conformity procedures. The State or MPO may voluntarily develop an attainment demonstration and corresponding motor vehicle emissions budget like those required in areas with higher nonattainment classifications. In this case, the State must submit an implementation plan revision which contains that budget and attainment demonstration. Once EPA has approved this implementation plan revision, the procedures in subdivisions (s) through (u) apply in lieu of the procedures in subdivisions (w) through (y).

(al) Savings provisions.

The Federal conformity rules under 40 CFR Part 51 Subpart T, in addition to any existing applicable State requirements, establish the conformity criteria and procedures necessary to meet the requirements of Clean Air Act Section 176(c) until such time as this conformity implementation plan revision is approved by EPA. Following EPA approval of this revision to the applicable implementation plan (or a portion thereof), the approved (or approved portion of the) State criteria and procedures would govern conformity determinations.


SCAQMD RULE 1902 TRANSPORTATION CONFORMITY
LAST REVISED 09/09/94




                                              (Adopted September 9, 1994)

          RULE 1902.   TRANSPORTATION CONFORMITY

          (a)  Purpose.
               The purpose of this rule is to implement Section 176(c) of
               the  Clean  Air  Act  (CAA), as amended (42 U.S.C. 7401 et
               seq.), and the related  requirements  of 23 U.S.C. 109(j),
               with  respect  to the conformity of transportation  plans,
               programs, and projects  which  are  developed,  funded, or
               approved by the United States Department of Transportation
               (DOT),   and   by   Southern   California  Association  of
               Governments  (SCAG)  or other recipients  of  funds  under
               Title 23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601
               et  seq.).  This rule sets  forth  policy,  criteria,  and
               procedures  for  demonstrating  and assuring conformity of
               such  activities  to  an  applicable  implementation  plan
               developed pursuant to Section 110 and Part D of the CAA.

          (b)  Applicability.
               (1)  Action Applicability.
                    (A)  Except as provided  for in paragraph (3) of this
                         subdivision  or  subdivision   (ai),  Conformity
                         determinations are required for:
                         (i)  The   adoption,  acceptance,  approval   or
                              support  of  transportation plans developed
                              pursuant to 23  CFR Part 450 or 49 CFR Part
                              613 by SCAG or DOT;
                         (ii) The  adoption,  acceptance,   approval   or
                              support   of   Transportation   Improvement
                              Programs  (TIPs) developed pursuant  to  23
                              CFR Part 450  or  49  CFR  Part  613  by  a
                              Metropolitan Planning Organization (MPO) or
                              Department of Transportation (DOT); and
                         (iii)     The      approval,     funding,     or
                              implementation     of    Federal    Highway
                              Administration/Federal              Transit
                              Administration (FHWA/FTA) projects.
                    (B)  Conformity determinations are not required under
                         this rule for individual projects which are  not
                         FHWA/FTA  projects.   However,  subdivision (ad)
                         applies to such projects if they  are regionally
                         significant.

               (2)  Geographic Applicability.
                    (A)  The provisions of this rule shall apply  in  all
                         nonattainment    and   maintenance   areas   for
                         transportation-related  criteria  pollutants for
                         which  the  area is designated nonattainment  or
                         has a maintenance plan.
                    (B)  The provisions  of  this rule apply with respect
                         to   emissions   of   the   following   criteria
                         pollutants:  ozone,  carbon  monoxide,  nitrogen
                         dioxide   and  particles  with  an   aerodynamic
                         diameter less  than  or  equal  to  a nominal 10
                         micrometers (PM10).
                    (C)  The  provisions of this rule apply with  respect
                         to  emissions   of   the   following   precursor
                         pollutants:
                         (i)  Volatile  organic  compounds  and  nitrogen
                              oxides in ozone areas (if the administrator
                              has  made  a  determination  under  Section
                              182(f)  of  the  CAA  that  additional  NOx
                              reductions    would   not   contribute   to
                              attainment in the area);
                         (ii) Nitrogen oxides  in nitrogen dioxide areas;
                              and
                         (iii)     Volatile organic  compounds,  nitrogen
                              oxides and PM10 in PM10 areas if:
                              (I)  During  the  interim  period, the  EPA
                                   Regional Administrator or the director
                                   of  the CARB has made a  finding  that
                                   transportation-related       precursor
                                   emissions   within  the  nonattainment
                                   area are a significant  contributor to
                                   the PM10 nonattainment problem and has
                                   so notified the SCAG and DOT; or
                              (II) During   the   transitional,   control
                                   strategy, and maintenance periods, the
                                   applicable  implementation   plan  (or
                                   implementation     plan    submission)
                                   establishes   a   budget    for   such
                                   emissions  as  part  of the reasonable
                                   further   progress,   attainment    or
                                   maintenance strategy.
               (3)  Limitations.
                    (A)  Projects subject to this rule for which the NEPA
                         process and a conformity determination have been
                         completed  by  FHWA  or  FTA  may proceed toward
                         implementation   without   further    conformity
                         determinations  if  one  of the following  major
                         steps has occurred within  the past three years:
                         NEPA process completion;  start of final design;
                         acquisition  of  a significant  portion  of  the
                         right-of-way;   or   approval   of   the  plans,
                         specifications  and  estimates.   All phases  of
                         such  projects  which  were  considered  in  the
                         conformity determination are also  included,  if
                         those  phases  were  for the purpose of funding,
                         final    design,    right-of-way    acquisition,
                         construction,  or  any   combination   of  these
                         phases.
                    (B)  A  new  conformity determination for the project
                         will  be required  if  there  is  a  significant
                         change in project design concept and scope, if a
                         supplemental   environmental  document  for  air
                         quality purposes  is  initiated,  or if no major
                         steps  to  advance  the  project  have  occurred
                         within the past three years.

          (c)  Definitions.
               Terms  used  but  not defined in this rule shall have  the
               meaning given them  by  the  CAA, Titles 23 and 49 U.S.C.,
               other Environmental Protection  Agency  (EPA) regulations,
               or other DOT regulations, in that order of priority.
               (1)  APPLICABLE IMPLEMENTATION PLAN is defined  in Section
                    302(q) of the CAA and means the portion (or portions)
                    of  the  implementation plan, or most recent revision
                    thereof, which  has  been approved under Section 110,
                    or promulgated under Section  110(c),  or promulgated
                    or approved pursuant to regulations promulgated under
                    Section  301(d)  and  which  implements the  relevant
                    requirements of the CAA.
               (2)  CAA means the Clean Air Act, as amended.
               (3)  CAUSE OR CONTRIBUTE TO A NEW VIOLATION  for a project
                    means:
                    (A)  To cause or contribute to a new violation  of  a
                         standard  in  the area substantially affected by
                         the  project  or   over  a  region  which  would
                         otherwise not be in  violation  of  the standard
                         during  the  future period in question,  if  the
                         project were not implemented; or
                    (B)  To contribute  to  a  new  violation in a manner
                         that would increase the frequency or severity of
                         a new violation of a standard in such area.
               (4)  CONTROL STRATEGY IMPLEMENTATION PLAN  REVISION is the
                    applicable   implementation   plan   which   contains
                    specific strategies for controlling the emissions  of
                    and reducing ambient levels of pollutants in order to
                    satisfy   CAA   requirements  for  demonstrations  of
                    reasonable  further   progress  and  attainment  (CAA
                    Sections   182(b)(1),   182(c)(2)(A),   182(c)(2)(B),
                    187(a)(7),  189(a)(1)(B),   and   189(b)(1)(A);   and
                    Sections 192(a) and 192(b), for nitrogen dioxide).
               (5)  CONTROL  STRATEGY  PERIOD with respect to particulate
                    matter  less  than 10  microns  in  diameter  (PM10),
                    carbon monoxide  (CO), nitrogen dioxide (NO2), and/or
                    ozone  precursors  (volatile  organic  compounds  and
                    oxides of nitrogen),  means that period of time after
                    EPA  approves  control strategy  implementation  plan
                    revisions containing strategies for controlling PM10,
                    NO2, CO, and/or  ozone, as appropriate.  This  period
                    ends when a State  submits and EPA approves a request
                    under Section 107(d)  of the CAA for redesignation to
                    an attainment area.
               (6)  DESIGN CONCEPT means the  type of facility identified
                    by the project, e.g., freeway,  expressway,  arterial
                    highway,  grade-separated highway, reserved right-of-
                    way  rail  transit,   mixed-traffic   rail   transit,
                    exclusive busway, etc.
               (7)  DESIGN  SCOPE  means  the  design  aspects which will
                    affect  the  proposed facility's impact  on  regional
                    emissions, usually  as  they  relate  to  vehicle  or
                    person carrying capacity and control, e.g., number of
                    lanes or tracks to be constructed or added, length of
                    project,   signalization,  access  control  including
                    approximate  number  and  location  of  interchanges,
                    preferential  treatment for high-occupancy  vehicles,
                    etc.
               (8)  DOT   means   the   United   States   Department   of
                    Transportation.
               (9)  EPA means the Environmental Protection Agency.
               (10) FHWA means the Federal Highway Administration of DOT.
               (11) FHWA/FTA PROJECT, for  the  purpose  of this rule, is
                    any highway or transit project which is  proposed  to
                    receive  funding  assistance and approval through the
                    Federal-Aid  Highway  Program  or  the  Federal  Mass
                    Transit  Program,   or   requires   Federal   Highway
                    Administration     (FHWA)    or    Federal    Transit
                    Administration (FTA)  approval for some aspect of the
                    project, such as connection  to an interstate highway
                    or deviation from applicable design  standards on the
                    interstate system.
               (12) FTA means the Federal Transit Administration of DOT.
               (13) FORECAST PERIOD with respect to a transportation plan
                    is  the  period  covered  by the transportation  plan
                    pursuant to 23 CFR Part 450.
               (14) HIGHWAY  PROJECT is an undertaking  to  implement  or
                    modify a highway facility or highway-related program.
                    Such an undertaking  consists  of all required phases
                    necessary   for   implementation.    For   analytical
                    purposes, it must be defined sufficiently to:
                    (A)  Connect  logical  termini  and be of  sufficient
                         length  to address environmental  matters  on  a
                         broad scope;
                    (B)  Have independent  utility or significance, i.e.,
                         be usable and be a  reasonable  expenditure even
                         if no additional transportation improvements  in
                         the area are made; and
                    (C)  Not  restrict  consideration of alternatives for
                         other  reasonably   foreseeable   transportation
                         improvements.
               (15) HORIZON  YEAR  is a year for which the transportation
                    plan describes the  envisioned  transportation system
                    in accordance with subdivision (h).
               (16) HOT-SPOT ANALYSIS is an estimation  of  likely future
                    localized CO and PM10 pollutant concentrations  and a
                    comparison  of  those  concentrations to the national
                    ambient    air    quality    standards.     Pollutant
                    concentrations to be estimated should be based on the
                    total  emissions  burden which may  result  from  the
                    implementation of a  single, specific project, summed
                    together with future background concentrations (which
                    can be estimated using the ratio of future to current
                    traffic multiplied by  the ratio of future to current
                    emission factors) expected  in  the  area.  The total
                    concentration  must  be  estimated  and  analyzed  at
                    appropriate    receptor   locations   in   the   area
                    substantially  affected  by  the  project.   Hot-spot
                    analysis assesses impacts on a scale smaller than the
                    entire nonattainment  or maintenance area, including,
                    for  example,  congested  roadway  intersections  and
                    highways  or  transit  terminals,  and  uses  an  air
                    quality dispersion  model to determine the effects of
                    emissions on air quality.
               (17) INCOMPLETE DATA AREA  means  any  ozone nonattainment
                    area which EPA has classified, in 40  CFR Part 81, as
                    an incomplete data area.
               (18) INCREASE THE FREQUENCY OR SEVERITY means  to  cause a
                    location or region to exceed a standard more often or
                    to cause a violation at a greater concentration  than
                    previously   existed  and/or  would  otherwise  exist
                    during the future  period in question, if the project
                    were not implemented.
               (19) ISTEA  means  the Intermodal  Surface  Transportation
                    Efficiency Act of 1991.
               (20) MAINTENANCE AREA  means  any geographic region of the
                    United  States  previously  designated  nonattainment
                    pursuant   to  the  CAA  Amendments   of   1990   and
                    subsequently  redesignated  to  attainment subject to
                    the requirement to develop a maintenance  plan  under
                    Section 175A of the CAA, as amended.
               (21) MAINTENANCE  PERIOD  with  respect  to a pollutant or
                    pollutant  precursor  means  that  period   of   time
                    beginning  when  a  State  submits and EPA approves a
                    request  under  Section  107(d)   of   the   CAA  for
                    redesignation to an attainment area, and lasting  for
                    20  years,  unless the applicable implementation plan
                    specifies that  the maintenance period shall last for
                    more than 20 years.
               (22) METROPOLITAN  PLANNING  ORGANIZATION  (MPO)  is  that
                    organization   designated   as   being   responsible,
                    together  with  the   State,   for   conducting   the
                    continuing,  cooperative,  and comprehensive planning
                    process under 23 U.S.C. 134  and  49 U.S.C. 1607.  It
                    is the forum for cooperative transportation decision-
                    making.   [For  the  South Coast Air Basin,  Southern
                    California Association  of  Governments (SCAG) is the
                    designated MPO.]
               (23) MILESTONE has the meaning given  in Section 182(g)(1)
                    and Section 189(c) of the CAA.  A  milestone consists
                    of  an emissions level and the date on  which  it  is
                    required to be achieved.
               (24) MOTOR VEHICLE EMISSIONS BUDGET is that portion of the
                    total  allowable  emissions  defined in a revision to
                    the  applicable  implementation   plan   (or   in  an
                    implementation  plan  revision which was endorsed  by
                    the Governor or his or  her  designee,  subject  to a
                    public  hearing,  and  submitted  to EPA, but not yet
                    approved by EPA) for a certain date  for  the purpose
                    of meeting reasonable further progress milestones  or
                    attainment  or  maintenance  demonstrations,  for any
                    criteria  pollutant  or its precursors, allocated  by
                    the applicable implementation  plan  to  highway  and
                    transit vehicles.  The applicable implementation plan
                    for an ozone nonattainment area may also designate  a
                    motor vehicle emissions budget for oxides of nitrogen
                    (NOx)  for  a  reasonable  further progress milestone
                    year   if   the   applicable   implementation    plan
                    demonstrates  that  this  NOx budget will be achieved
                    with  measures  in  the implementation  plan  (as  an
                    implementation  plan  must   do   for  VOC  milestone
                    requirements).   The  applicable implementation  plan
                    for an ozone nonattainment area includes a NOx budget
                    if   NOx   reductions  are  being   substituted   for
                    reductions in volatile organic compounds in milestone
                    years required for reasonable further progress.
               (25) NATIONAL AMBIENT  AIR  QUALITY  STANDARDS (NAAQS) are
                    those standards established pursuant  to  Section 109
                    of the CAA.
               (26) NEPA means the National Environmental Policy  Act  of
                    1969, as amended (42 U.S.C. 4321 et seq).
               (27) NEPA  PROCESS  COMPLETION,  for  the purposes of this
                    rule, with respect to FHWA or FTA, means the point at
                    which   there  is  a  specific  action  to   make   a
                    determination   that   a   project  is  categorically
                    excluded, to make a Finding of No Significant Impact,
                    or  to  issue  a  record  of  decision   on  a  Final
                    Environmental Impact Statement under NEPA.
               (28) NONATTAINMENT AREA means any geographic region of the
                    United   States   which   has   been   designated  as
                    nonattainment  under Section 107 of the CAA  for  any
                    pollutant for which  a  national  ambient air quality
                    standard exists.
               (29) NOT   CLASSIFIED  AREA  means  any  carbon   monoxide
                    nonattainment  area  which  EPA has not classified as
                    either moderate or serious.
               (30) PHASE  II OF THE INTERIM PERIOD  with  respect  to  a
                    pollutant or pollutant precursor means that period of
                    time after  December  27,  1993,  lasting  until  the
                    earlier of the following:
                    (A)  Submission   to  EPA  of  the  relevant  control
                         strategy  implementation  plan  revisions  which
                         have been endorsed  by  the  Governor (or his or
                         her designee) and have been subject  to a public
                         hearing, or
                    (B)  The   date  that  the  Clean  Air  Act  requires
                         relevant  control  strategy implementation plans
                         to be submitted to EPA,  provided EPA has made a
                         finding  of the State's failure  to  submit  any
                         such plans  and  the  State,  SCAG, and DOT have
                         received notice of such finding  of  the State's
                         failure  to submit any such plans.  The  precise
                         end of Phase II of the interim period is defined
                         in subdivision (ad).
               (31) PROJECT means a highway project or transit project.
               (32) RECIPIENT OF FUNDS  DESIGNATED  UNDER TITLE 23 U.S.C.
                    OR THE FEDERAL TRANSIT ACT means  any  agency  at any
                    level  of  State, county, city or regional government
                    that routinely  receives  Title  23 U.S.C. or Federal
                    Transit  Act  funds  to construct FHWA/FTA  projects,
                    operate  FHWA/FTA  projects  or  equipment,  purchase
                    equipment, or undertake  other services or operations
                    via contracts or agreements.   This  definition  does
                    not  include  private  landowners  or  developers, or
                    contractors  or  entities  that  are  only  paid  for
                    services or products created by their own employees.
               (33) REGIONALLY SIGNIFICANT PROJECT means a transportation
                    project (other than an exempt project) that is  on  a
                    facility  which  serves regional transportation needs
                    (such as access to  and  from the area outside of the
                    region, major activity centers  in  the region, major
                    planned developments such as new retail malls, sports
                    complexes, etc., or transportation terminals  as well
                    as  most terminals themselves) and would normally  be
                    included  in  the  modeling  of a metropolitan area's
                    transportation network, including  at  a  minimum all
                    principal  arterial  highways  and all fixed guideway
                    transit  facilities  that  offer  an  alternative  to
                    regional highway travel.  Additional  criteria may be
                    developed   by   appropriate  agencies  through   the
                    Interagency consultation process.
               (34) RURAL TRANSPORT OZONE  NONATTAINMENT  AREA  means  an
                    ozone  nonattainment  area that does not include, and
                    is  not  adjacent  to, any  part  of  a  Metropolitan
                    Statistical Area or, where one exists, a Consolidated
                    Metropolitan Statistical  Area  (as  defined  by  the
                    United States Bureau of the Census) and is classified
                    under CAA Section 182(h) as a rural transport area.
               (35) STANDARD   means   a  national  ambient  air  quality
                    standard.
               (36) SUBMARGINAL AREA means  any  ozone nonattainment area
                    which  EPA has classified as submarginal  in  40  CFR
                    Part 81.
               (37) TITLE 23  U.S.C.  means Title 23 of the United States
                    Code.
               (38) TRANSIT is mass transportation by bus, rail, or other
                    conveyance which provides  general or special service
                    to the public on a regular and  continuing basis.  It
                    does   not  include  school  buses  or   charter   or
                    sightseeing services.
               (39) TRANSIT  PROJECT  is  an  undertaking to implement or
                    modify a transit facility or transit-related program;
                    purchase transit vehicles or  equipment;  or  provide
                    financial assistance for transit operations.  It does
                    not  include  actions  that  are  solely  within  the
                    jurisdiction  of  local  transit  agencies,  such  as
                    changes  in  routes,  schedules,  or  fares.   It may
                    consist  of several phases.  For analytical purposes,
                    it must be defined inclusively enough to:
                    (A)  Connect  logical  termini  and  be of sufficient
                         length  to  address environmental matters  on  a
                         broad scope;
                    (B)  Have   independent    utility   or   independent
                         significance, i.e., be  a reasonable expenditure
                         even    if    no    additional    transportation
                         improvements in the area are made; and
                    (C)  Not  restrict consideration of alternatives  for
                         other   reasonably   foreseeable  transportation
                         improvements.
               (40) TRANSITIONAL AREA means any  ozone nonattainment area
                    which EPA has classified as transitional  in  40  CFR
                    Part 81.
               (41) TRANSITIONAL  PERIOD  with  respect to a pollutant or
                    pollutant precursor means that  period  of time which
                    begins  after  submission  to  EPA  of  the  relevant
                    control  strategy implementation plan which has  been
                    endorsed by the Governor (or his or her designee) and
                    has  been  subject   to   a   public   hearing.   The
                    transitional  period  lasts  until  EPA  takes  final
                    approval   or   disapproval  action  on  the  control
                    strategy implementation  plan  submission or finds it
                    to be incomplete.  The precise beginning  and  end of
                    the  transitional  period  is  defined in subdivision
                    (ac).
               (42) TRANSPORTATION CONTROL MEASURE (TCM)  is  any measure
                    that is specifically identified and committed  to  in
                    the applicable implementation plan that is either one
                    of  the  types  listed  in Section 108 of CAA, or any
                    other measure for the purpose  of  reducing emissions
                    or    concentrations    of   air   pollutants    from
                    transportation sources by  reducing  vehicle  use  or
                    changing   traffic  flow  or  congestion  conditions.
                    Notwithstanding  the above, vehicle technology-based,
                    fuel-based,  and  maintenance-based   measures  which
                    control  the  emissions  from  vehicles  under  fixed
                    traffic  conditions are not TCMs for the purposes  of
                    this rule.
               (43) TRANSPORTATION  IMPROVEMENT  PROGRAM  (TIP)  means  a
                    staged,    multi-year,    intermodal    program    of
                    transportation   projects   covering  a  metropolitan
                    planning   area   which   is  consistent   with   the
                    metropolitan  transportation   plan,   and  developed
                    pursuant to 23 CFR Part 450.
               (44) TRANSPORTATION  PLAN  means  the  official intermodal
                    metropolitan  transportation plan that  is  developed
                    through the metropolitan  planning  process  for  the
                    metropolitan  planning area, developed pursuant to 23
                    CFR Part 450.
               (45) TRANSPORTATION  PROJECT  is  a  highway  project or a
                    transit project.
          (d)  Priority.
               When  assisting or approving any action with air  quality-
               related  consequences, FHWA and FTA shall give priority to
               the implementation  of those transportation portions of an
               applicable implementation  plan  prepared  to  attain  and
               maintain  the  NAAQS.   This  priority shall be consistent
               with statutory requirements for  allocation of funds among
               States or other jurisdictions.

          (e)  Frequency of Conformity Determinations.
               (1)  Conformity     determinations     and      conformity
                    redeterminations for transportation plans, TIPs,  and
                    FHWA/FTA  projects  must  be  made  according  to the
                    requirements  of  this  section  and  the  applicable
                    implementation plan.

               (2)  Transportation plans.
                    (A)  Each  new  transportation plan must be found  to
                         conform  before   the   transportation  plan  is
                         approved by SCAG or accepted by DOT.
                    (B)  All transportation plan revisions  must be found
                         to   conform  before  the  transportation   plan
                         revisions  are  approved  by SCAG or accepted by
                         DOT, unless the revision merely  adds or deletes
                         exempt projects listed in subdivision (ai).  The
                         conformity  determination must be based  on  the
                         transportation  plan and the revision taken as a
                         whole.
                    (C)  Conformity of existing transportation plans will
                         lapse  unless  conformity   of  those  plans  is
                         redetermined:
                         (i)  by   May   25,   1995  (unless   previously
                              redetermined in accordance with 40 CFR Part
                              51 Subpart T); or
                         (ii) within  18 months of  EPA  approval  of  an
                              implementation plan revision which:
                              (I)  Establishes      or      revises     a
                                   transportation-related       emissions
                                   budget  (as  required  by CAA Sections
                                   175A(a),    182(b)(1),   182(c)(2)(A),
                                   182(c)(2)(B), 187(a)(7), 189(a)(1)(B),
                                   and 189(b)(1)(A);  and Sections 192(a)
                                   and (b), for nitrogen dioxide); or

                              (II) Adds, deletes, or changes TCMs; and
                         (iii)     within 18 months of  EPA  promulgation
                              of an implementation plan which establishes
                              or    revises    a   transportation-related
                              emissions  budget  or   adds,  deletes,  or
                              changes TCMs.
                    (C)  In any case, conformity determinations  must  be
                         made  no less frequently than every three years,
                         or the  existing  conformity  determination will
                         lapse.

               (3)  Transportation improvement programs.
                    (A)  A  new TIP must be found to conform  before  the
                         TIP is approved by SCAG or accepted by DOT.
                    (B)  A  TIP   amendment  requires  a  new  conformity
                         determination  for  the  entire  TIP  before the
                         amendment  is  approved  by SCAG or accepted  by
                         DOT, unless the amendment merely adds or deletes
                         exempt projects listed in subdivision (ai).
               (C)  After  SCAG  adopts  a new or revised  transportation
                         plan, conformity  must  be  redetermined by SCAG
                         and  DOT  within  six months from  the  date  of
                         adoption of the plan,  unless the new or revised
                         plan  merely  adds  or deletes  exempt  projects
                         listed in subdivision (ai).
                    (D)  In any case, conformity  determinations  must be
                         made  no  less frequently than every three years
                         or the existing  conformity  determination  will
                         lapse.
               (4)  Projects.
                    FHWA/FTA  projects  must  be  found to conform before
                    they  are  adopted,  accepted, approved,  or  funded.
                    Conformity  must  be redetermined  for  any  FHWA/FTA
                    project if none of  the  following  major  steps  has
                    occurred  within  the  past three years: NEPA process
                    completion; start of final  design;  acquisition of a
                    significant portion of the right-of-way;  or approval
                    of the plans, specifications and estimates.

          (f)  Consultation
                (1)  State Implementation Plan.
                     (A) Roles and Responsibilities
                         With  respect  to  the development of the  State
                         Implementation     Plan,     the     interagency
                         consultation roles and  responsibilities  of the
                         participating agencies shall be pursuant to  the
                         following:
                         (i)Health  &  Safety  Code Article 5, Sections
                              40460-40470, 40716-40717, and 40910-40926.
                         (ii)  Clean   Air   Act,   42  U.S.C. 7401 et seq.
                         (iii)  The  SCAQMD shall respond in writing to all
                              comments  received,  ten  days prior to the
                              public hearing at which the  SIP  shall  be
                              adopted.
                         (iv) Provision of Final Documents
                              The  SCAQMD  shall provide, at a minimum, a
                              notice of availability  of  the  final  SIP
                              submittal  after  it  is  approved  by  the
                              Governing  Board to the Southern California
                              Association    of    Governments    (SCAG),
                              Caltrans,          Federal          Highway
                              Administration/Federal              Transit
                              Administration   (FHWA/FTA),   Los  Angeles
                              County   Metropolitan   Transit   Authority
                              (LACMTA),  Orange  County Transit Authority
                              (OCTA), Riverside County  Transit Authority
                              (RCTA),   San  Bernardino  Association   of
                              Governments  (SANBAG),  Air Resources Board
                              (ARB)  and  the  Environmental   Protection
                              Agency (EPA).
              (2)   Regional  Transportation  Plan  (RTP), Transportation
                    Improvement Program (TIP)
                    (A)Roles and Responsibilities
                         With respect to the development  of the regional
                         transportation plan (RTP) and the transportation
                         improvement   program   (TIP),  the  interagency
                         consultation roles and responsibilities  of  the
                         participating  agencies shall be pursuant to the
                         following:
                         (i)  Title 23 United  States  Code Sections, and
                              Code of Federal Regulations (CFR):
                              (I)  134 Metropolitan Planning
                              (II) 135 Statewide Planning
                              (III)23   CFR,   Part  450  (B)   Statewide
                                   Transportation Planning
                              (IV) 23  CFR,  Part  450  (C)  Metropolitan
                                   Transportation       Planning      and
                                   Programming
                         (ii) Public  Utilities  Code  Sections   130059,
                              130301, 130302, 130303 and 130304,
                         (iii)Government  Code Sections 65070-65074;  and
                                        65080 et seq.
                         (iv) Provision of Final Documents
                              SCAG shall provide,  at a minimum, a notice
                              of availability of the final Transportation
                              Plan  and  TIP  after  agency  approval  or
                              adoption  to  SCAQMD,  Caltrans,  FHWA/FTA,
                              LACMTA, OCTA, RCTA, SANBAG, ARB and EPA.
                 (3) Conformity Determinations


                    (A)  Roles and Responsibilities
                         With   respect   to  RTPs,  TIPs  and   projects
                         requiring   conformity    determinations,    the
                         interagency      consultation      roles     and
                         responsibilities  of the participating  agencies
                         shall be pursuant to the following:
                         (i)  Projects     requiring     a     conformity
                              determination  which  are  subject  to  the
                              California Environmental Quality Act (CEQA)
                              or  the  National  Environmental Policy Act
                              (NEPA)  shall  use  those   procedures  for
                              public   and   agency   notification    and
                              consultation   as   codified  under  Public
                              Resources Code Sections  21000-21178.1  and
                              California  Code  of  Regulations  Title 14
                              Chapter  3  Sections  15000 - 15387 (CEQA),
                              Title 42 United States  Code  Sections 4321
                              et seq. and 40 CFR Part 1500 (NEPA) for the
                              interagency consultation roles.
                          (ii)RTPs,   TIPs   and  projects  requiring   a
                              conformity  determination   which  are  not
                              subject  to  the  California  Environmental
                              Quality   Act  (CEQA)   or   the   National
                              Environmental  Policy  Act (NEPA) shall use
                              the    following   procedures    for    the
                              interagency consultation roles:
                              (I)  Public Consultation
                                   At  least  30 days prior to completing
                                   the  draft  conformity  determination,
                                   the  agency making  the  determination
                                   shall consult directly with any person
                                   or organization  affected by the final
                                   conformity   determination.     At   a
                                   minimum    the   agency   making   the
                                   conformity determination shall consult
                                   with the technical  staff from SCAQMD,
                                   other  air  districts  if  applicable,
                                   SCAG,     Caltrans,     the     county
                                   transportation  commissions, ARB,  EPA
                                   and FHWA/FTA.  The  agency  making the
                                   final  conformity determination  shall
                                   also   establish    the   agenda   for
                                   consultation meetings.


                              (II) Agency
                                   Notification
                                   The   agency   making  the  conformity
                                   determination  shall   at   a  minimum
                                   provide a copy of the draft conformity
                                   determination      and      supporting
                                   information to SCAQMD, SCAG, Caltrans,
                                   FHWA/FTA, LACMTA, OCTA, RCTA,  SANBAG,
                                   ARB and EPA.
                             (III) Public Notification
                                   The   agency   making  the  conformity
                                   determination  shall   provide  public
                                   notice  of  the  availability  of  the
                                   draft   conformity  decision   through
                                   publication  at  least one time by the
                                   agency  in  a  newspaper   of  general
                                   circulation  in  the area affected  by
                                   the   proposed  conformity   decision.
                                   Additionally, notice shall be given to
                                   all organizations  and individuals who
                                   have previously requested such notice.
                              (IV) Public Review
                                   The  public  review period  for  draft
                                   conformity determinations  should  not
                                   be less than 45 days.
                               (V) Responding To Comments
                                   At  least  10  days  prior to making a
                                   final conformity decision,  the agency
                                   making  that  decision  shall  provide
                                   written  proposed  responses to public
                                   agencies that commented  on  the draft
                                   conformity decision.
                              (VI) Provision of Final Documents
                                   The agency making the final conformity
                                   determination  shall  provide,  at   a
                                   minimum,  a  notice of availability of
                                   the  final  conformity   determination
                                   after  agency approval or adoption  to
                                   SCAQMD,   SCAG,   Caltrans,  FHWA/FTA,
                                   LACMTA, OCTA, RCTA,  SANBAG,  ARB  and
                                   EPA, within 30 days of the approval of
                                   the final conformity determination.


                 (4)  Interagency Consultation
                      (A)The  SCAQMD  is  responsible for the scheduling,
                         distribution    of    minutes,     keeping    an
                         administrative record of, and setting the agenda
                         for,   at   a  minimum,  an  annual  interagency
                         consultation  meeting.   The  scheduling and the
                         agenda need to be completed and  distributed  at
                         least   7   days  prior  to  the  meeting.   The
                         interagency consultation  meetings shall include
                         the  technical  staff  from  SCAG,   other   air
                         districts  if  applicable,  Caltrans, the county
                         transportation   commissions,   ARB,   EPA   and
                         FHWA/FTA.  Upon mutual agreement  with  SCAG and
                         SCAQMD  the  meeting  can be held in conjunction
                         with  the  meeting specified  in  the  following
                         subparagraph (f)(4)(B).  Any of the above listed
                         agencies can request the convening of a meeting.
                         The meetings  shall  include  the opportunity to
                         review and consult on the following:
                         (i)  The evaluation and selection  of models and
                              associated  methods and assumptions  to  be
                              used  in  hot-spot  analyses  and  regional
                              transportation-related emissions analyses.
                         (ii) A process for determining how to transition
                              in new emission  factors  and  models  from
                              ARB.
                         (iii)The   evaluation   of   the  motor  vehicle
                              emissions inventory and budget.
                          (iv)Identification, as required  by subdivision
                              (af), of projects located at sites  in PM10
                              nonattainment areas which have vehicle  and
                              roadway emissions and which are essentially
                              identical  to  those  at  sites  which have
                              violations  verified  by  monitoring,   and
                              therefore  requiring quantitative PM10 hot-
                              spot analysis.
                           (v)If  otherwise  exempt  projects  should  be
                              treated   as   non-exempt  in  cases  where
                              potential  adverse  emissions  impacts  may
                              exist.
                     (B) SCAG   is  responsible   for   the   scheduling,
                         distribution     of    minutes,    keeping    an
                         administrative record of, and setting the agenda
                         for,  at  a  minimum,   an   annual  interagency
                         consultation  meeting.  The scheduling  and  the
                         agenda need to  be  completed and distributed at
                         least  7  days  prior  to   the   meeting.   The
                         interagency consultation meetings shall  include
                         the  technical  staff  from  SCAQMD,  other  air
                         districts  if  applicable,  Caltrans, the county
                         transportation   commissions,   ARB,   EPA   and
                         FHWA/FTA.  Upon mutual agreement  with  SCAG and
                         SCAQMD  the  meeting  can be held in conjunction
                         with  the  meeting  specified  in  the  previous
                         subparagraph (f)(4)(A).  Any of the above listed
                         agencies can request the convening of a meeting.
                         The meetings shall include  the  opportunity  to
                         review and consult on the following:
                         (i)  Which    minor    arterials    and    other
                              transportation     projects    should    be
                              considered "regionally significant" for the
                              purpose of regional emissions analysis.
                         (ii) Vehicle  miles  traveled   (VMT)  from  all
                              projects    which    are   not   considered
                              regionally significant.
                         (iii)The  effects of TCMs and  similar  projects
                              that are not regionally significant.
                          (iv)Notification  of transportation plan or TIP
                              revisions or amendments which merely add or
                              delete    exempt   projects    listed    in
                              subdivision (ai).
                           (v)Events which  will  trigger  new conformity
                              determinations   in   addition   to   those
                              triggering     events     established    in
                              subdivision (e).
                          (vi)Emissions   analysis   for   transportation
                              activities which cross the borders  of MPOs
                              or nonattainment areas or air basins.
                          (vii)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   those   by
                              recipients  of funds designated under Title
                              23 U.S.C. of  the  Federal Transit Act, are
                              disclosed to the MPO  on  a  regular basis,
                              and  to  ensure that any changes  to  those
                              plans are immediately disclosed.
                         (viii)The location  and  design concept and scope
                              of projects which are  disclosed to SCAG as
                              required by clause (v) of this subparagraph
                              but  whose sponsors have  not  yet  decided
                              these  features,  in  sufficient  detail to
                              perform  the  regional  emissions  analysis
                              according    to    the    requirements   of
                              subdivision (ae).
                           (ix)Design, schedule, and funding  of  research
                              and  data  collection  efforts and regional
                              transportation  model development  by  SCAG
                              (e.g.    household/travel    transportation
                              surveys).
                          (x)  Whether past obstacles to implementation of
                              TCMs which  are  behind  schedule 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.
                              Consideration  of  whether  delays  in  TCM
                              implementation necessitate revisions to the
                              applicable  implementation  plan  to remove
                              TCMs  or  substitute TCMs or other emission
                              reduction measures must be given.
                 (5)Resolving Conflicts.
                    Conflicts regarding a  final conformity determination
                    between the SCAQMD and federal agencies or SCAG shall
                    be resolved in the following manner:
                    (A)  SCAG or FHWA/FTA shall  notify the SCAQMD of the
                         resolution of comments received no later than 10
                         days following a final conformity determination.
                    (B)  The  process  described  in  the  memorandum  of
                         understanding, dated September 14, 1993, between
                         SCAG and SCAQMD shall be used  first  to resolve
                         any conflicts between SCAG and SCAQMD.
                    (C)  Conflicts between the SCAQMD and FHWA/FTA  shall
                         be resolved in the following manner:
                        (i)   A   written  notice  of  dispute  shall  be
                              transmitted  to  the Regional Administrator
                              of FHWA/FTA and the  Executive  Director of
                              SCAG.  The Dispute Notice shall specify the
                              nature  of the dispute and the position  of
                              the SCAQMD.
                         (ii) The Executive  Officers  of  the  SCAQMD and the
                              agency    making   the   final   conformity
                              determination,  or  their  designee,  shall
                              meet  within  10  days  of  receipt  of the
                              Dispute  Notice  to  attempt to resolve the
                              dispute.  If after 30  days  of  receipt of
                              the Dispute Notice, no resolution  has been
                              reached,  the  following  subparagraph  (D)
                              will apply.
                     (D) If the conflict resolution process  described in
                         Subparagraphs  (f)(5)(B) or (f)(5)(C)  does  not
                         resolve  the conflict  between  SCAQMD  and  the
                         agency    making     the     final    conformity
                         determination, the issues shall  be forwarded to
                         CARB.  CARB has 14 days within which  to resolve
                         the conflicts among the agencies in consultation
                         with  the  appropriate  State  Offices,  or   to
                         forward  the  unresolved issues to the Office of
                         the Governor for resolution.
                (6) Public consultation procedures.
                    Affected agencies making conformity determinations on
                    transportation plans,  programs,  and  projects shall
                    establish  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.
                    In addition, these agencies 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.   These agencies shall
                    also  provide opportunity for public  involvement  in
                    conformity    determinations   for   projects   where
                    otherwise required by law.

          (g)  Content of Transportation plans.
               (1)  Transportation plans adopted after January 1, 1995 in
                    serious, severe, or extreme ozone nonattainment areas
                    and in serious carbon monoxide nonattainment areas.
                    The transportation  plan  must  specifically describe
                    the  transportation  system  envisioned  for  certain
                    future years which shall be called horizon years.
                    (A)  The  agency  or  organization   developing   the
                         transportation  plan  may choose any years to be
                         horizon   years,  subject   to   the   following
                         restrictions:
                         (i)  Horizon  years may be no more than 10 years
                              apart.
                         (ii) The first  horizon year may be no more than
                              10  years  from   the  base  year  used  to
                              validate the transportation demand planning
                              model.
                         (iii)If the attainment  year is in the time
                              span  of  the  transportation   plan,   the
                              attainment year must be a horizon year.
                         (iv) The last horizon year must be the last year
                              of   the   transportation  plan's  forecast
                              period.
                    (B)  For these horizon years:
                         (i)  The transportation  plan shall quantify and
                              document  the  demographic  and  employment
                              factors influencing expected transportation
                              demand, including  land  use  forecasts, in
                              accordance    with   implementation    plan
                              provisions and subdivision (f);
                         (ii) The highway and  transit  system  shall  be
                              described   in   terms  of  the  regionally
                              significant additions  or  modifications to
                              the existing transportation  network  which
                              the  transportation  plan  envisions  to be
                              operational    in    the   horizon   years.
                              Additions and modifications  to the highway
                              network shall be sufficiently identified to
                              indicate    intersections   with   existing
                              regionally significant  facilities,  and to
                              determine  their  effect  on  route options
                              between   transportation  analysis   zones.
                              Each  added  or  modified  highway  segment
                              shall also  be  sufficiently  identified in
                              terms  of  its  design  concept and  design
                              scope  to  allow modeling of  travel  times
                              under various  traffic  volumes, consistent
                              with  the  modeling methods  for  area-wide
                              transportation  analysis  in  use  by SCAG.
                              Transit facilities, equipment, and services
                              envisioned   for   the   future   shall  be
                              identified  in  terms  of  design  concept,
                              design   scope,   and   operating  policies
                              sufficiently  to  allow modeling  of  their
                              transit  ridership.   The  descriptions  of
                              additions    and   modifications   to   the
                              transportation   network   shall   also  be
                              sufficiently specific to show that there is
                              a  reasonable relationship between expected
                              land  use and the envisioned transportation
                              system; and
                         (iii)Other  future transportation policies,
                              requirements,   services,  and  activities,
                              including intermodal  activities  shall  be
                              described.
               (2)  Moderate areas reclassified to serious.
                    Ozone   or   CO   nonattainment   areas   which   are
                    reclassified  from  moderate to serious must meet the
                    requirements of paragraph  (1)  of  this  subdivision
                    within two years from the date of reclassification.
               (3)  Transportation plans for other areas.
                    Transportation  plans  for other areas must meet  the
                    requirements of paragraph  (1) of this subdivision at
                    least to the extent it has been the previous practice
                    of   SCAG   to   prepare  plans  which   meet   those
                    requirements.  Otherwise,  transportation  plans must
                    describe the transportation system envisioned for the
                    future specifically enough to allow determination  of
                    conformity  according  to the criteria and procedures
                    of subdivisions (j) through (ab).
               (4)  Savings.
                    The  requirements of this  section  supplement  other
                    requirements   of   applicable   law   or  regulation
                    governing  the  format  or  content of transportation
                    plans.

          (h)  Relationship  of transportation plan  and  TIP  conformity
               with the NEPA process.
               The degree of specificity  required  in the transportation
               plan  and  the  specific  travel network assumed  for  air
               quality  modeling  do not preclude  the  consideration  of
               alternatives  in  the   NEPA   process  or  other  project
               development studies.  Should the  NEPA process result in a
               project  with  design  concept  and  scope   significantly
               different from that in the transportation plan or TIP, the
               project must meet the criteria in subdivisions (j) through
               (ab)  for  projects  not  from  a  TIP before NEPA process
               completion.

          (i)  Fiscal constraints for transportation plans and TIPs.
               Transportation   plans   and   TIPs  shall   be   fiscally
               constrained   and  meet  the  requirements   of   23   CFR
               450.322(b)(11)  and 450.324(e) as in effect on the date of
               adoption of this rule in order to be found in conformity.

          (j)  Criteria  and procedures  for  determining  conformity  of
               transportation plans, programs, and projects:  General.
               (1)  In order  to be found to conform, each transportation
                    plan, program,  and FHWA/FTA project must satisfy the
                    applicable criteria  and  procedures  in subdivisions
                    (k)  through  (ab) as listed in Table 1 in  paragraph
                    (2) of this subdivision,  and  must  comply  with all
                    applicable  conformity requirements of implementation
                    plans and of  court orders for the area which pertain
                    specifically     to      conformity     determination
                    requirements.   The criteria  for  making  conformity
                    determinations  differ  based  on  the  action  under
                    review  (transportation  plans,  TIPs,  and  FHWA/FTA
                    projects),  the  time  period in which the conformity
                    determination is made, and the relevant pollutant.
               (2)  The  following  table  indicates   the  criteria  and
                    procedures  in  subdivisions (k) through  (ab)  which
                    apply for each action in each time period.


                              TABLE 1. -- CONFORMITY CRITERIA

                                        |         Action         Criteria

                                    All Periods

          Transportation Plan           |    k,  l,  m,  n
          TIP                           |    k,  l,  m,  n
          Project (From a conforming    |    k,  l,  m,  o,  p,  q,  r
            plan and TIP).              |
          Project (Not from a           |    k,  l,  m,  n,  o,  q,  r
            conforming plan and TIP).   |

                          Phase II of the Interim Period

          Transportation Plan           |    w,  z
          TIP                           |    x,  aa
          Project (From a conforming    |    v
            plan and TIP).
          Project (Not from a           |    v,  y,  ab
            plan and TIP).              |

                                Transitional Period

          Transportation Plan           |    s,  w,  z
          TIP                           |    t,  x,  aa
          Project (From a conforming    |    v
            plan and TIP).
          Project (Not from a           |    u,  v,  y,  ab
            conforming plan and TIP).   |

                     Control Strategy and Maintenance Periods

          Transportation Plan           |    s
          TIP                           |    t
          Project (From a conforming    |    No additional criteria
            plan and TIP).
          Project (Not from a           |    u
            conforming plan and TIP).

          k    The conformity determination  must  be  based  on  the  latest
               planning assumptions.
          l    The  conformity  determination  must  be  based  on the latest
               emission estimation model available.
          m    SCAG must make the conformity determination according  to  the
               consultation    procedures    of   this   rule   and   the
               implementation plan revision required by this rule.
          n    The transportation plan, TIP, or FHWA/FTA project which is not
               from a conforming plan and TIP must provide for the timely
               implementation of TCMs from the  applicable implementation
               plan.
          o    There must be a currently conforming transportation  plan  and
               currently conforming TIP at the time of project approval.
          p    The  project  must  come from a conforming transportation plan
               and program.
          q    The FHWA/FTA project  must  not cause or contribute to any new
               localized CO or PM10 violations  or increase the frequency
               or severity of any existing CO or  PM10  violations  in CO
               and PM10 nonattainment and maintenance areas.
          r    The FHWA/FTA project must comply with PM10 control measures in
               the applicable implementation plan.
          s    The  transportation  plan  must  be  consistent with the motor
               vehicle    emissions    budget(s)   in   the    applicable
               implementation plan or implementation plan submission.
          t    The TIP must be consistent with  the  motor  vehicle emissions
               budget(s)  in  the  applicable  implementation   plan   or
               implementation plan submission.
          u    The project which is not from a conforming transportation plan
               and  conforming  TIP  must  be  consistent  with the motor
               vehicle    emissions    budget(s)    in   the   applicable
               implementation plan or implementation plan submission.
          v    The FHWA/FTA project must eliminate or reduce the severity and
               number   of   localized   CO   violations   in  the   area
               substantially affected by the project (in CO nonattainment
               areas).
          w    The   transportation   plan   must   contribute  to  emissions
               reductions in ozone and CO nonattainment areas.
          x    The TIP must contribute to emissions reductions  in  ozone and
               CO nonattainment areas.
          y    The project which is not from a conforming transportation plan
               and  TIP must contribute to emissions reductions in  ozone
               and CO nonattainment areas.
          z    The transportation plan must contribute to emission reductions
               or  must   not   increase   emissions   in  PM10  and  NO2
               nonattainment areas.
          aa   The TIP must contribute to emission reductions  or  must  not
               increase emissions in PM10 and NO2 nonattainment areas.
          ab   The  project  which  is  not from a conforming transportation
               plan and TIP must contribute  to  emission  reductions  or
               must  not increase emissions in PM10 and NO2 nonattainment
               areas.






          (k)  Criteria and procedures:  Latest planning assumptions.
               (1)  During all periods the conformity determination, with
                    respect   to   all   other   applicable  criteria  in
                    subdivisions (l) through (ab),  shall  be  based upon
                    the most recent planning assumptions in force  at the
                    time of the conformity determination.  The conformity
                    determination   must   satisfy  the  requirements  of
                    paragraphs (2) through (6) of this subdivision.
               (2)  Assumptions must be derived  from  the  estimates  of
                    current  and  future  population, employment, travel,
                    and congestion most recently  developed  by  SCAG  or
                    other  agency  authorized  to make such estimates and
                    approved by SCAG.  The conformity  determination must
                    also be based on the latest assumptions about current
                    and future background concentrations.
               (3)  The conformity determination for each  transportation
                    plan  and  TIP  must  discuss  how  transit operating
                    policies  (including  fares and service  levels)  and
                    assumed  transit ridership  have  changed  since  the
                    previous conformity determination.
               (4)  The conformity  determination must include reasonable
                    assumptions about  transit  service  and increases in
                    transit fares and road and bridge tolls over time.
               (5)  The  conformity  determination  must use  the  latest
                    existing information regarding the  effectiveness  of
                    the TCMs which have already been implemented.
               (6)  Key  assumptions  shall  be specified and included in
                    the draft documents and supporting materials used for
                    the interagency and public  consultation  required by
                    subdivision (f).

          (l)  Criteria and procedures:  Latest emissions model.

               (1)  During all periods the conformity determination  must
                    be  based  on  the  latest  emission estimation model
                    available.   It  is  satisfied if  the  most  current
                    version   of  the  motor  vehicle   emissions   model
                    specified by  EPA  for  use  in  the  preparation  or
                    revision  of  implementation  plans  in that State or
                    area  is  used  for  the conformity analysis.   Where
                    EMFAC is the motor vehicle  emissions  model  used in
                    preparing  or  revising the applicable implementation
                    plan, new versions  must  be  approved  by EPA before
                    they are used in the conformity analysis.
               (2)  EPA  will  consult with DOT to establish  a
                    grace period following  the  specification of any new
                    model.
                    (A)  The  grace period will be  no  less  than  three
                         months  and  no more than 24 months after notice
                         of availability  is  published  in  the  Federal
                         Register.
                    (B)  The  length  of the grace period will depend  on
                         the degree of  change in the model and the scope
                         of re-planning likely to be necessary by MPOs in
                         order to assure conformity.  If the grace period
                         will  be  longer than  three  months,  EPA  will
                         announce the  appropriate  grace  period  in the
                         Federal Register.
               (3)  Conformity  analyses for which the emissions analysis
                    was  begun before  the  Federal  Register  notice  of
                    availability  of the latest emission model, or during
                    the  grace  period  announced  in  such  notice,  may
                    continue to use the previous version of the model for
                    transportation  plans  and  TIPs.  The previous model
                    may also be used for projects  if  the  analysis  was
                    begun  during  the grace period or before the Federal
                    Register notice  of  availability,  provided  no more
                    than   three   years  have  passed  since  the  draft
                    environmental document was issued.

          (m)  Criteria and procedures:  Consultation.
               All conformity determinations  shall  be made according to
               the consultation procedures in this rule, and according to
               the public involvement procedures established  by  SCAG in
               compliance  with  23 CFR Part 450.  This criterion applies
               during all periods.  Until this rule is approved by EPA as
               an   implementation   plan    revision,   the   conformity
               determination must be made according  to the procedures in
               40  CFR  Parts  51.402(a)(2)  and  51.402(e).    Once  the
               implementation  plan  revision  has been approved by  EPA,
               this   criterion   is   satisfied   if   the    conformity
               determination  is  made consistent with the implementation
               plan's consultation requirements.

          (n)    Criteria and procedures:  Timely implementation of TCMs.
               (1)  During all periods  the  transportation plan, TIP, or
                    any FHWA/FTA project which  is  not from a conforming
                    plan   and   TIP   must   provide   for  the   timely
                    implementation    of   TCMs   from   the   applicable
                    implementation plan.
               (2)  For transportation plans, this criterion is satisfied
                    if the following two conditions are met:
                    (A)  The  transportation   plan,  in  describing  the
                         envisioned    future   transportation    system,
                         provides   for   the    timely   completion   or
                         implementation  of all TCMs  in  the  applicable
                         implementation  plan   which  are  eligible  for
                         funding  under Title 23 U.S.C.  or  the  Federal
                         Transit Act,  consistent with schedules included
                         in the applicable implementation plan.
                    (B)  Nothing in the  transportation  plan  interferes
                         with  the  implementation  of  any  TCM  in  the
                         applicable implementation plan.
               (3)  For   TIPs,   this  criterion  is  satisfied  if  the
                    following conditions are met:
                     (A) An examination of the specific steps and funding
                         source(s)  needed  to  fully  implement each TCM
                         indicates  that  TCMs  which  are  eligible  for
                         funding  under  Title  23 U.S.C. or the  Federal
                         Transit  Act  are on or ahead  of  the  schedule
                         established  in  the  applicable  implementation
                         plan, or, if such  TCMs  are behind the schedule
                         established  in  the  applicable  implementation
                         plan,  SCAG and DOT have  determined  that  past
                         obstacles  to  implementation  of  the TCMs have
                         been  identified  and  have  been  or are  being
                         overcome, and that all State and local  agencies
                         with  influence  over  approvals or funding  for
                         TCMs are giving maximum  priority to approval or
                         funding of TCMs over other projects within their
                         control, including projects in locations outside
                         the nonattainment or maintenance area.
                    (B)  If  Federal funding intended  for  TCMs  in  the
                         applicable  implementation  plan  has previously
                         been programmed but is reallocated  to  projects
                         in  the TIP other than TCMs (or if there are  no
                         other  TCMs  in  the TIP, to projects in the TIP
                         other  than  projects  which  are  eligible  for
                         Federal   funding   under   ISTEA's   Congestion
                         Mitigation and Air Quality Improvement program),
                         and the TCMs  are  behind  the  schedule  in the
                         implementation  plan,  then  the  TIP  cannot be
                         found to conform.
                    (C)  Nothing  in  the  TIP  may  interfere  with  the
                         implementation  of  any  TCM  in  the applicable
                         implementation plan.
              (4)   For FHWA/FTA projects which are not from a conforming
                    transportation  plan  and  TIP,  this  criterion   is
                    satisfied  if the project does not interfere with the
                    implementation   of   any   TCM   in  the  applicable
                    implementation plan.

          (o)  Criteria     and     procedures:     Currently    conforming
               transportation plan and TIP.
               During all periods there  must  be  a currently conforming
               transportation plan and currently conforming  TIP  at  the
               time  of project approval.  It is satisfied if the current
               transportation  plan and TIP have been found to conform to
               the  applicable  implementation   plan  by  SCAG  and  DOT
               according  to the criteria and procedures  of  this  rule.
               Only one conforming  transportation  plan or TIP may exist
               in  an  area at any time; conformity determinations  of  a
               previous  transportation  plan  or  TIP  expire  once  the
               current  plan  or  TIP  is  found  to conform by DOT.  The
               conformity determination on a transportation  plan  or TIP
               will  also lapse if conformity is not determined according
               to the frequency requirements of subdivision (e).

          (p)   Criteria and procedures:  Projects from a plan and TIP.
                (1) During  all  periods  the  project  must  come from a
                    conforming  plan  and program.  If this criterion  is
                    not satisfied, the  project must satisfy all criteria
                    in  Table  1  for a project  not  from  a  conforming
                    transportation  and  TIP.  A project is considered to
                    be from a conforming transportation  plan if it meets
                    the requirements of paragraph (2) of this subdivision
                    and  from  a  conforming  program  if  it  meets  the
                    requirements of paragraph (3) of this subdivision.
                (2) A  project  is  considered  to  be  from a conforming
                    transportation   plan   if   one   of  the  following
                    conditions applies:
                   (A)   For projects which are required to be identified
                         in the transportation plan in order  to  satisfy
                         subdivision  (g),  the  project  is specifically
                         included  in the conforming transportation  plan
                         and the project's  design concept and scope have
                         not changed significantly  from those which were
                         described in the transportation  plan,  or  in a
                         manner  which  would significantly impact use of
                         the facility; or
                     (B) For  projects  which  are  not  required  to  be
                         specifically identified  in  the  transportation
                         plan,   the   project   is  identified  in   the
                         conforming transportation plan, or is consistent
                         with   the   policies   and   purpose   of   the
                         transportation plan and will not  interfere with
                         other  projects  specifically  included  in  the
                         transportation plan.
               (3)  A  project  is  considered  to  be from a  conforming
                    program if the following conditions are met:
                    (A)  The  project is included in the  conforming  TIP
                         and the  design concept and scope of the project
                         were adequate  at the time of the TIP conformity
                         determination to  determine  its contribution to
                         the  TIP's  regional  emissions  and   have  not
                         changed  significantly  from  those  which  were
                         described in the TIP, or in a manner which would
                         significantly impact use of the facility; and
                     (B) If  the  TIP  describes a project design concept
                         and scope which includes project-level emissions
                         mitigation  or  control   measures,  enforceable
                         written commitments to implement  such  measures
                         must be obtained from the project sponsor and/or
                         operator  as  required  by paragraph (ah)(1)  in
                         order for the project to  be  considered  from a
                         conforming   program.    Any   change  in  these
                         mitigation   or  control  measures  that   would
                         significantly    reduce    their   effectiveness
                         constitutes a change in the  design  concept and
                         scope of the project.

          (q)  Criteria and procedures:  Localized CO and PM10 violations
                (hot spots).
              (1)   During  all  periods  the  FHWA/FTA project must  not
                    cause or contribute to any new  localized  CO or PM10
                    violations  or increase the frequency or severity  of
                    any existing  CO  or  PM10  violations in CO and PM10
                    nonattainment and maintenance  areas.  This criterion
                    is satisfied if it is demonstrated  that no new local
                    violations will be created and the severity or number
                    of  existing  violations will not be increased  as  a
                    result of the project.
              (2)   The demonstration  must be performed according to the
                    requirements    of   subparagraph    (f)(3)(A)    and
                    subdivision (af).
              (3)   For projects which  are not of the type identified by
                    paragraphs (af)(1) or  (af)(4), this criterion may be
                    satisfied  if  the  consideration  of  local  factors
                    clearly  demonstrates   that   no   local  violations
                    presently exist and no new local violations  will  be
                    created as a result of the project.  Otherwise, in CO
                    nonattainment  and  maintenance areas, a quantitative
                    demonstration  must be  performed  according  to  the
                    requirements of paragraph (af)(2).

          (r)  Criteria and procedures:   Compliance  with  PM10  control
               measures.
               During  all periods the FHWA/FTA project must comply with  PM10
               control  measures  in  the applicable implementation plan.
               It is satisfied if control  measures  (for  the purpose of
               limiting  PM10 emissions from the construction  activities
               and/or  normal  use  and  operation  associated  with  the
               project)  contained  in the applicable implementation plan
               are  included  in  the final  plans,  specifications,  and
               estimates for the project.

          (s)  Criteria and procedures:   Motor  vehicle emissions budget
               (transportation plan).
               (1)  The transportation plan must be  consistent  with the
                    motor  vehicle  emissions budget(s) in the applicable
                    implementation   plan    (or    implementation   plan
                    submission).   This  criterion  applies   during  the
                    transitional  period  and  the  control strategy  and
                    maintenance   periods,   except   as   provided    in
                    subdivision (ak).  This criterion may be satisfied if
                    the  requirements  in  paragraphs (2) and (3) of this
                    subdivision are met:
               (2)  A regional emissions analysis  shall  be performed as
                    follows:
                    (A)  The  regional analysis shall estimate  emissions
                         of any of the following pollutants and pollutant
                         precursors    for   which   the   area   is   in
                         nonattainment or  maintenance  and for which the
                         applicable      implementation      plan     (or
                         implementation  plan submission) establishes  an
                         emissions budget:
                         (i)  VOC as an ozone precursor;
                         (ii) NOx  as  an  ozone  precursor,  unless  the
                              Administrator   has  made  a  determination
                              under  Section  182(f)   of  the  CAA  that
                              additional   NOx   reductions   would   not
                              contribute to attainment in the area;
                         (iii)     CO;
                         (iv) PM10 (and its precursors  VOC and/or NOx if
                              the  applicable  implementation   plan   or
                              implementation  plan  submission identifies
                              transportation-related  precursor emissions
                              within   the  nonattainment   area   as   a
                              significant   contributor   to   the   PM10
                              nonattainment   problem  or  establishes  a
                              budget for such emissions); or
                         (v)  NOx  (in NO2 nonattainment  or  maintenance
                              areas);
                    (B)  The regional  emissions  analysis shall estimate
                         emissions from the entire transportation system,
                         including  all  regionally significant  projects
                         contained in the  transportation  plan  and  all
                         other regionally significant highway and transit
                         projects   expected   in  the  nonattainment  or
                         maintenance  area  in  the   timeframe   of  the
                         transportation plan;
                    (C)  The  emissions  analysis  methodology shall meet
                         the requirements of subdivision (ae);
                    (D)  For areas with a transportation  plan that meets
                         the  content  requirements of paragraph  (g)(1),
                         the emissions analysis  shall  be  performed for
                         each horizon year.  Emissions in milestone years
                         which  are  between  the  horizon years  may  be
                         determined by interpolation; and
                    (E)  For areas with a transportation  plan  that does
                         not  meet  the content requirements of paragraph
                         (g)(1),  the   emissions   analysis   shall   be
                         performed  for any years in the time span of the
                         transportation  plan  provided they are not more
                         than ten years apart and  provided  the analysis
                         is  performed  for  the last year of the  plan's
                         forecast period.  If  the  attainment year is in
                         the  time span of the transportation  plan,  the
                         emissions  analysis  must  also be performed for
                         the  attainment  year.  Emissions  in  milestone
                         years which are between these analysis years may
                         be determined by interpolation.
               (3)  The  regional emissions  analysis  shall  demonstrate
                    that  for   each  of  the  applicable  pollutants  or
                    pollutant precursors  in  subparagraph (2)(A) of this
                    subdivision the emissions are  less  than or equal to
                    the motor vehicle emissions budget as  established in
                    the  applicable implementation plan or implementation
                    plan submission as follows:
                    (A)  If   the   applicable   implementation  plan  or
                         implementation   plan   submission   establishes
                         emissions budgets for milestone years, emissions
                         in each milestone year are less than or equal to
                         the motor vehicle emissions  budget  established
                         for that year;
                    (B)  For   nonattainment  areas,  emissions  in   the
                         attainment  year  are  less than or equal to the
                         motor vehicle emissions  budget  established  in
                         the    applicable    implementation    plan   or
                         implementation plan submission for that year;
                    (C)  For   nonattainment  areas,  emissions  in  each
                         analysis  or  horizon  year after the attainment
                         year are less than or equal to the motor vehicle
                         emissions budget established  by  the applicable
                         implementation   plan  or  implementation   plan
                         submission   for  the   attainment   year.    If
                         emissions  budgets  are  established  for  years
                         after the attainment  year,  emissions  in  each
                         analysis  year or horizon year must be less than
                         or equal to  the  motor vehicle emissions budget
                         for  that year, if any,  or  the  motor  vehicle
                         emissions budget for the most recent budget year
                         prior to the analysis year or horizon year; and
                    (D)  For  maintenance   areas,   emissions   in  each
                         analysis or horizon year are less than or  equal
                         to    the   motor   vehicle   emissions   budget
                         established  by  the  maintenance  plan for that
                         year,  if any, or the emissions budget  for  the
                         most recent budget year prior to the analysis or
                         horizon year.

          (t)  Criteria and procedures:   Motor  vehicle emissions budget
               (TIP).
               (1)  The  TIP must be consistent with  the  motor  vehicle
                    emissions  budget(s) in the applicable implementation
                    plan  (or  implementation   plan  submission).   This
                    criterion applies during the  transitional period and
                    the control strategy and maintenance  periods, except
                    as provided in subdivision (ak).  This  criterion may
                    be  satisfied  if the requirements in paragraphs  (2)
                    and (3) of this subdivision are met;
               (2)  For areas with a  conforming transportation plan that
                    fully  meets the content  requirements  of  paragraph
                    (g)(1),  this  criterion  may  be  satisfied  without
                    additional regional analysis if:
                    (A)  Each program year of the TIP is consistent  with
                         the  Federal  funding  which  may  be reasonably
                         expected for that year, and required State/local
                         matching funds and funds for State/local funding
                         only  projects  are consistent with the  revenue
                         sources expected over the same period; and
                    (B)  The  TIP  is  consistent   with  the  conforming
                         transportation  plan  such  that   the  regional
                         emissions  analysis  already performed  for  the
                         plan applies to the TIP  also.   This requires a
                         demonstration that:
                         (i)  The TIP contains all projects which must be
                              started in the TIP's timeframe  in order to
                              achieve  the  highway  and  transit  system
                              envisioned  by  the transportation plan  in
                              each of its horizon years;
                         (ii) All  TIP  projects   which  are  regionally
                              significant  are  part  of   the   specific
                              highway or transit system envisioned in the
                              transportation plan's horizon years; and
                         (iii)     The  design concept and scope of  each
                              regionally  significant  project in the TIP
                              is  not significantly different  from  that
                              described in the transportation plan.
                    (C)  If the requirements  in  paragraphs  (2)(A)  and
                         (2)(B) of this subdivision are not met, then:
                         (i)  The  TIP  may  be  modified  to  meet those
                              requirements; or
                         (ii) The transportation plan must be revised  so
                              that   the  requirements  in  subparagraphs
                              (2)(A) and  (2)(B)  of this subdivision are
                              met.  Once the revised  plan has been found
                              to conform, this criterion  is  met for the
                              TIP  with  no additional analysis except  a
                              demonstration   that   the  TIP  meets  the
                              requirements  of subparagraphs  (2)(A)  and
                              (2)(B) of this subdivision.
               (3)  For areas with a transportation  plan  that  does not
                    meet the content requirements of paragraph (g)(1),  a
                    regional  emissions  analysis  must  meet  all of the
                    following requirements:
                    (A)  The  regional  emissions analysis shall estimate
                         emissions from the entire transportation system,
                         including all projects contained in the proposed
                         TIP,  the transportation  plan,  and  all  other
                         regionally   significant   highway  and  transit
                         projects   expected  in  the  nonattainment   or
                         maintenance   area   in  the  timeframe  of  the
                         transportation plan;
                    (B)  The   analysis  methodology   shall   meet   the
                         requirements of paragraph (ae)(3); and
                    (C)  The  regional   analysis   shall   satisfy   the
                         requirements    of    subparagraphs   (s)(2)(A),
                         (s)(2)(E), and paragraph (s)(3).

          (u)  Criteria and procedures:  Motor vehicle  emissions  budget
               (project not from a plan and TIP).
               (1)  The   project   which   is   not  from  a  conforming
                    transportation  plan  and a conforming  TIP  must  be
                    consistent with the motor vehicle emissions budget(s)
                    in   the   applicable   implementation    plan    (or
                    implementation   plan  submission).   This  criterion
                    applies  during  the   transitional  period  and  the
                    control strategy and maintenance  periods,  except as
                    provided  in  subdivision  (ak).  It is satisfied  if
                    emissions  from the implementation  of  the  project,
                    when considered  with the emissions from the projects
                    in the conforming transportation plan and TIP and all
                    other regionally significant projects expected in the
                    area,  do  not exceed  the  motor  vehicle  emissions
                    budget(s) in  the  applicable implementation plan (or
                    implementation plan submission).
               (2)  For areas with a conforming  transportation plan that
                    meets the content requirements of paragraph (g)(1):
               (A)  This  criterion may be satisfied  without  additional
                         regional  analysis if the project is included in
                         the conforming  transportation  plan, even if it
                         is  not  specifically  included  in  the  latest
                         conforming  TIP.   This requires a demonstration
                         that:
                         (i)  Allocating funds  to  the  project will not
                              delay the implementation of projects in the
                              transportation   plan  or  TIP  which   are
                              necessary  to  achieve   the   highway  and
                              transit    system    envisioned    by   the
                              transportation  plan in each of its horizon
                              years;
                         (ii) The project is not  regionally  significant
                              or  is  part  of  the  specific highway  or
                              transit    system   envisioned    in    the
                              transportation plan's horizon years; and
                         (iii)     The design  concept  and  scope of the
                              project is not significantly different from
                              that described in the transportation plan.
                    (B)  If the requirements in paragraph (2)(A)  of this
                         subdivision  are  not  met, a regional emissions
                         analysis must be performed as follows:
                         (i)  The  analysis methodology  shall  meet  the
                              requirements of subdivision (ae);
                         (ii) The analysis  shall estimate emissions from
                              the transportation  system,  including  the
                              proposed  project  and all other regionally
                              significant  projects   expected   in   the
                              nonattainment  or  maintenance  area in the
                              timeframe of the transportation plan.   The
                              analysis  must  include  emissions from all
                              previously approved projects which were not
                              from a transportation plan and TIP; and
                         (iii) The emissions analysis  shall meet the
                              requirements  of  subparagraphs  (s)(2)(A),
                              (s)(2)(D), and paragraph (s)(3).
               (3)  For areas with a transportation  plan  that  does not
                    meet the content requirements of paragraph (g)(1),  a
                    regional emissions analysis must be performed for the
                    project  together  with  the  conforming  TIP and all
                    other regionally significant projects expected in the
                    nonattainment  or  maintenance  area.  This criterion
                    may be satisfied if:
                    (A)  The analysis methodology meets  the requirements
                         of paragraph (ae)(3);
                    (B)  The  analysis  estimates  emissions   from   the
                         transportation  system,  including  the proposed
                         project,  and  all  other regionally significant
                         projects  expected  in   the   nonattainment  or
                         maintenance  area  in  the  timeframe   of   the
                         transportation plan; and
                    (C)  The  regional analysis satisfies the requirement
                         of  subparagraphs   (s)(2)(A),   (s)(2)(E),  and
                         paragraph (s)(3).

        (v)  Criteria and procedures:  Localized  CO violations
             (hot spots) in the interim period.
             (1)    Each  FHWA/FTA  project must eliminate or reduce  the
                    severity and number of localized CO violations in the
                    area substantially  affected  by  the  project (in CO
                    nonattainment areas).  This criterion applies  during
                    the  interim  and  transitional  periods  only.  This
                    criterion  is  satisfied  with  respect  to  existing
                    localized  CO  violations if it is demonstrated  that
                    existing localized  CO  violations will be eliminated
                    or reduced in severity and  number as a result of the
                    project.
             (2)    The demonstration must be performed  according to the
                    requirements  of clause (f)(3)(A)(i) and  subdivision
                    (af).
             (3)    For projects which  are not of the type identified by
                    paragraph (af)(1), this criterion may be satisfied if
                    consideration of local  factors  clearly demonstrates
                    that  existing  CO violations will be  eliminated  or
                    reduced  in  severity   and   number.   Otherwise,  a
                    quantitative   demonstration   must    be   performed
                    according to the requirements of paragraph (af)(2).

        (w)  Criteria and procedures:  Interim period reductions  in
             ozone and CO areas (transportation plan).
             (1)    A  transportation  plan  must contribute to emissions
                    reductions in ozone and CO nonattainment areas.  This
                    criterion applies during the interim and transitional
                    periods  only,  except  as  otherwise   provided   in
                    subdivision  (ak).   It  applies to the net effect on
                    emissions  of all projects  contained  in  a  new  or
                    revised transportation  plan.   This criterion may be
                    satisfied  if  a  regional  emissions   analysis   is
                    performed  as described in paragraphs (2) through (6)
                    of this subdivision.
             (2)    Determine the  analysis years for which emissions are
                    to be estimated.   Analysis  years  shall  be no more
                    than ten years apart.  The first analysis year  shall
                    be no later than the first milestone year (1995 in CO
                    nonattainment  areas  and 1996 in ozone nonattainment
                    areas).  The second analysis year shall be either the
                    attainment year for the  area,  or  if the attainment
                    year  is  the  same  as  the first analysis  year  or
                    earlier, the second analysis  year  shall be at least
                    five years beyond the first analysis  year.  The last
                    year  of  the  transportation plan's forecast  period
                    shall also be an analysis year.
             (3)    Define  the  "Baseline  scenario"  for  each  of  the
                    analysis years to be the future transportation system
                    that would result  from current programs, composed of
                    the following (except  that  projects  listed in (aj)
                    and (ak) need not be explicitly considered):
                   (A)   All in-place regionally significant  highway and
                         transit facilities, services and activities;
                   (B)   All   ongoing   travel   demand   management  or
                         transportation system management activities; and
                   (C)   Completion   of   all   regionally   significant
                         projects,  regardless  of funding source,  which
                         are   currently   under  construction   or   are
                         undergoing right-of-way  acquisition (except for
                         hardship  acquisition  and  protective  buying);
                         come   from  the  first  three  years   of   the
                         previously conforming transportation plan and/or
                         TIP; or  have  completed the NEPA process.  (For
                         the  first  conformity   determination   on  the
                         transportation  plan after November 24, 1993,  a
                         project may not be  included  in  the "Baseline"
                         scenario if one of the following major steps has
                         not occurred within the past three  years:  NEPA
                         process   completion;  start  of  final  design;
                         acquisition  of  a  significant  portion  of the
                         right-of-way;   or   approval   of   the  plans,
                         specifications  and  estimates.  Such  a project
                         must  be  included in the "Action" scenario,  as
                         described in paragraph (4) of this subdivision.)
             (4)    Define the "Action" scenario for each of the analysis
                    years as the transportation  system  that will result
                    in that year from the implementation of  the proposed
                    transportation plan, TIPs adopted under it, and other
                    expected  regionally  significant  projects  in   the
                    nonattainment  area.   It  will include the following
                    [except that projects listed in subdivisions (ai) and
                    (aj) need not be explicitly considered]:
                    (A)  All facilities, services,  and activities in the
                         "Baseline" scenario;
                    (B)  Completion    of   all   TCMs   and   regionally
                         significant  projects   (including   facilities,
                         services,     and    activities)    specifically
                         identified in the  proposed  transportation plan
                         which will be operational or in  effect  in  the
                         analysis  year,  except that regulatory TCMs may
                         not be assumed to  begin at a future time unless
                         the  regulation  is  already   adopted   by  the
                         enforcing  jurisdiction or the TCM is identified
                         in the applicable implementation plan;
                    (C)  All  travel  demand   management   programs  and
                         transportation   system   management  activities
                         known   to  SCAG,  but  not  included   in   the
                         applicable  implementation plan or utilizing any
                         Federal funding  or  approval,  which  have been
                         fully  adopted  and/or  funded  by the enforcing
                         jurisdiction or sponsoring agency since the last
                         conformity  determination  on the transportation
                         plan;
                     (D) The  incremental  effects of any  travel  demand
                         management programs  and  transportation  system
                         management  activities  known  to  SCAG, but not
                         included  in the applicable implementation  plan
                         or utilizing  any  Federal  funding or approval,
                         which were adopted and/or funded  prior  to  the
                         date of the last conformity determination on the
                         transportation   plan,   but   which  have  been
                         modified  since  then  to  be more stringent  or
                         effective;
                     (E) Completion    of    all    expected   regionally
                         significant highway and transit  projects  which
                         are  not  from  a conforming transportation plan
                         and TIP; and
                     (F) Completion    of   all    expected    regionally
                         significant  non-FHWA/FTA  highway  and  transit
                         projects that  have  clear  funding  sources and
                         commitments  leading toward their implementation
                         and completion by the analysis year.
              (5)   Estimate the emissions  predicted  to  result in each
                    analysis  year  from  travel  on  the  transportation
                    systems   defined  by  the  "Baseline"  and  "Action"
                    scenarios and  determine  the  difference in regional
                    VOC and NOx emissions (unless the  Administrator  has
                    made  a determination under Section 182(f) of the CAA
                    that additional  NOx  reductions would not contribute
                    to  attainment)  between   two  scenarios  for  ozone
                    nonattainment  areas  and  the   difference   in   CO
                    emissions   between   the   two   scenarios   for  CO
                    nonattainment  areas.  The analysis must be performed
                    for  each of the  analysis  years  according  to  the
                    requirements   of  subdivision  (ae).   Emissions  in
                    milestone years  which are between the analysis years
                    may be determined by interpolation.
               (6)  This criterion is  met  if  the  regional VOC and NOx
                    emissions  (for  ozone nonattainment  areas)  and  CO
                    emissions (for CO  nonattainment  areas) predicted in
                    the  "Action"  scenario are less than  the  emissions
                    predicted  from  the   "Baseline"  scenario  in  each
                    analysis year, and if this can reasonably be expected
                    to be true in the periods between the first milestone
                    year and analysis years.   The regional analysis must
                    show  that  the "Action" scenario  contributes  to  a
                    reduction in emissions from the 1990 emissions by any
                    nonzero amount.

          (x)  Criteria and procedures:   Interim period reductions in
               ozone and CO areas (TIP).
               (1)  A  TIP  must  contribute to emissions  reductions  in
                    ozone  and CO nonattainment  areas.   This  criterion
                    applies  during  the interim and transitional periods
                    only,  except as otherwise  provided  in  subdivision
                    (ak).  It  applies  to the net effect on emissions of
                    all projects contained in a new or revised TIP.  This
                    criterion may be satisfied  if  a  regional emissions
                    analysis is performed as described in  paragraphs (2)
                    through (6) of this subdivision.
               (2)  Determine the analysis years for which emissions  are
                    to be estimated.  The first analysis year shall be no
                    later  than  the  first  milestone  year  (1995 in CO
                    nonattainment  areas  and 1996 in ozone nonattainment
                    areas).  The analysis years shall be no more than ten
                    years  apart.   The second  analysis  year  shall  be
                    either the attainment  year  for  the area, or if the
                    attainment  year  is the same as the  first  analysis
                    year or earlier, the second analysis year shall be at
                    least five years beyond the first analysis year.  The
                    last  year  of  the  transportation  plan's  forecast
                    period shall also be an analysis year.
               (3)  Define  the  'Baseline'   scenario   as   the  future
                    transportation system that would result from  current
                    programs,  composed  of  the  following  (except that
                    projects  listed  in subdivisions (ai) and (aj)  need
                    not be explicitly considered):
                    (A)  All in-place regionally  significant highway and
                         transit facilities, services and activities;
                    (B)  All   ongoing   travel  demand   management   or
                         transportation system management activities; and
                    (C)  Completion   of   all   regionally   significant
                         projects, regardless  of  funding  source, which
                         are   currently   under   construction  or   are
                         undergoing right-of-way acquisition  (except for
                         hardship  acquisition  and  protective  buying);
                         come   from   the   first  three  years  of  the
                         previously conforming TIP; or have completed the
                         NEPA   process.   (For  the   first   conformity
                         determination  on  the  TIP  after  November 24,
                         1993,  a  project  may  not  be included in  the
                         "Baseline"  scenario  if  one of  the  following
                         major  steps has not occurred  within  the  past
                         three years:   NEPA process completion; start of
                         final  design;  acquisition   of  a  significant
                         portion of the right-of-way; or  approval of the
                         plans,  specifications  and estimates.   Such  a
                         project  must  be  included   in   the  "Action"
                         scenario, as described in paragraph  (4) of this
                         subdivision.)
               (4)  Define   the   'Action'   scenario   as   the  future
                    transportation  system  that  will  result  from  the
                    implementation of the proposed TIP and other expected
                    regionally  significant projects in the nonattainment
                    area in the timeframe of the transportation plan.  It
                    will include  the  following  [except  that  projects
                    listed  in  subdivisions  (ai)  and (aj) need not  be
                    explicitly considered]:
                    (A)  All facilities, services, and  activities in the
                         'Baseline' scenario;
                    (B)  Completion    of   all   TCMs   and   regionally
                         significant  projects   (including   facilities,
                         services,   and  activities)  included  in   the
                         proposed TIP,  except  that  regulatory TCMs may
                         not be assumed to begin at a future  time unless
                         the   regulation   is  already  adopted  by  the
                         enforcing jurisdiction  or  the TCM is contained
                         in the applicable implementation plan;
                    (C)  All  travel  demand  management   programs   and
                         transportation   system   management  activities
                         known   to  SCAG,  but  not  included   in   the
                         applicable  implementation plan or utilizing any
                         Federal funding  or  approval,  which  have been
                         fully  adopted  and/or  funded  by the enforcing
                         jurisdiction or sponsoring agency since the last
                         conformity determination on the TIP;
                    (D)  The  incremental  effects  of any travel  demand
                         management  programs  and transportation  system
                         management activities known  to  SCAG,  but  not
                         included  in  the applicable implementation plan
                         or utilizing any  Federal  funding  or approval,
                         which  were adopted and/or funded prior  to  the
                         date of the last conformity determination on the
                         TIP, but  which have been modified since then to
                         be more stringent or effective;
                    (E)  Completion    of    all    expected   regionally
                         significant highway and transit  projects  which
                         are  not  from  a conforming transportation plan
                         and TIP; and
                    (F)  Completion    of   all    expected    regionally
                         significant  non-FHWA/FTA  highway  and  transit
                         projects that  have  clear  funding  sources and
                         commitments  leading toward their implementation
                         and completion by the analysis year.
               (5)  Estimate the emissions  predicted  to  result in each
                    analysis  year  from  travel  on  the  transportation
                    systems   defined  by  the  'Baseline'  and  'Action'
                    scenarios,  and  determine the difference in regional
                    VOC  and  NOx  emissions  (unless  the  Administrator
                    determines that  additional  reductions  of NOx would
                    not   contribute  to  attainment)  between  the   two
                    scenarios  for  ozone  nonattainment  areas  and  the
                    difference  in CO emissions between the two scenarios
                    for CO nonattainment  areas.   The  analysis  must be
                    performed for each of the analysis years according to
                    the  requirements of subdivision (ae).  Emissions  in
                    milestone  years which are between analysis years may
                    be determined by interpolation.
               (6)  This criterion  is  met  if  the regional VOC and NOx
                    emissions  in  ozone  nonattainment   areas   and  CO
                    emissions in CO nonattainment areas predicted in  the
                    'Action'   scenario   are  less  than  the  emissions
                    predicted  from  the  'Baseline'   scenario  in  each
                    analysis year, and if this can reasonably be expected
                    to be true in the period between the  analysis years.
                    The  regional  analysis  must show that the  'Action'
                    scenario contributes to a reduction in emissions from
                    the 1990 emissions by any nonzero amount.

         (y)   Criteria and procedures:  Interim period reductions for
               ozone and CO areas (project not from a plan and TIP).
               A Transportation project which  is  not  from a conforming
               transportation plan and TIP must contribute  to  emissions
               reductions  in  ozone  and  CO  nonattainment areas.  This
               criterion  applies  during  the interim  and  transitional
               periods only, except as otherwise  provided in subdivision
               (ak).  This criterion is satisfied if a regional emissions
               analysis  is  performed  which meets the  requirements  of
               subdivision (w) and which includes the transportation plan
               and  project in the "Action"  scenario.   If  the  project
               which is not from a conforming transportation plan and TIP
               is a modification  of  a  project currently in the plan or
               TIP, the "Baseline" scenario must include the project with
               its original design concept  and  scope,  and the 'Action'
               scenario  must  include  the project with its  new  design
               concept and scope.

         (z)   Criteria and procedures:  Interim period reductions for
               PM10 and NO2 areas (transportation plan).
               (1)  A transportation plan  must  contribute  to  emission
                    reductions or must not increase emissions in PM10 and
                    NO2 nonattainment areas.  This criterion applies only
                    during  the  interim  and  transitional periods.   It
                    applies  to  the  net  effect  on  emissions  of  all
                    projects contained in a new or revised transportation
                    plan.   This  criterion  may  be  satisfied   if  the
                    requirements  of either paragraph (2) or (3) of  this
                    subdivision are met.
              (2)   Demonstrate that  implementation  of the plan and all
                    other regionally significant projects expected in the
                    nonattainment area will contribute  to  reductions in
                    emissions of PM10 in a PM10 nonattainment  area  (and
                    of  each  transportation-related precursor of PM10 in
                    PM10  nonattainment   areas   if   the  EPA  Regional
                    Administrator or the director of the State air agency
                    has made a finding that such precursor emissions from
                    within  the  nonattainment  area  are  a  significant
                    contributor to the PM10 nonattainment problem and has
                    so  notified the MPO and DOT) and of NOx  in  an  NO2
                    nonattainment   area,   by   performing   a  regional
                    emissions analysis as follows:
                    (A)  Determine the analysis years for which emissions
                         are to be estimated.  Analysis years shall be no
                         more  than ten years apart.  The first  analysis
                         year shall be no later than 1996 (for NO2 areas)
                         or four  years and six months following the date
                         of designation  (for  PM10  areas).   The second
                         analysis  year  shall  be  either the attainment
                         year for the area, or if the  attainment year is
                         the same as the first analysis  year or earlier,
                         the second analysis year shall be  at least five
                         years beyond the first analysis year.   The last
                         year   of  the  transportation  plan's  forecast
                         period shall also be an analysis year.
                   (B)   Define  for  each  of  the  analysis  years  the
                         "Baseline"  scenario,  as  defined  in paragraph
                         (w)(3), and the "action" scenario, as defined in
                         paragraph (w)(4).
                   (C)   Estimate  the  emissions predicted to result  in
                         each   analysis  year   from   travel   on   the
                         transportation systems defined by the "Baseline"
                         and  "Action"   scenarios   and   determine  the
                         difference between the two scenarios in regional
                         PM10 emissions in a PM10 nonattainment area (and
                         transportation-related  precursors  of  PM10  in
                         PM10  nonattainment  areas  if  the EPA Regional
                         Administrator or the director of  the  State air
                         agency  has  made  a finding that such precursor
                         emissions from within the nonattainment area are
                         a   significant   contributor    to   the   PM10
                         nonattainment  problem  and has so notified  the
                         MPO  and  DOT) and in NOx emissions  in  an  NO2
                         nonattainment   area.    The  analysis  must  be
                         performed  for  each  of  the   analysis   years
                         according  to  the  requirements  of subdivision
                         (ae).   The  analysis  must address the  periods
                         between  the  analysis  years  and  the  periods
                         between 1990, the first milestone year (if any),
                         and the first of the analysis  years.  Emissions
                         in   milestone  years  which  are  between   the
                         analysis    years    may    be   determined   by
                         interpolation.
                   (D)   Demonstrate that the regional PM10 emissions and
                         PM10 precursor emissions, where applicable, (for
                         PM10 nonattainment areas) and NOx emissions (for
                         NO2  nonattainment  areas)  predicted   in   the
                         'Action'  scenario  are  less than the emissions
                         predicted from the 'Baseline'  scenario  in each
                         analysis  year, and that this can reasonably  be
                         expected to  be  true in the periods between the
                         first milestone year  (if  any) and the analysis
                         years.
              (3)   Demonstrate   that   when   the   projects   in   the
                    transportation   plan   and   all   other  regionally
                    significant  projects  expected in the  nonattainment
                    area  are  implemented, the  transportation  system's
                    total highway and transit emissions of PM10 in a PM10
                    nonattainment    area   (and   transportation-related
                    precursors of PM10 in PM10 nonattainment areas if the
                    EPA Regional Administrator  or  the  director  of the
                    State  air  agency  has  made  a  finding  that  such
                    precursor  emissions  from  within  the nonattainment
                    area  are  a  significant  contributor  to  the  PM10
                    nonattainment problem and has so notified the MPO and
                    DOT) and of NOx in an NO2 nonattainment area will not
                    be  greater  than  baseline  levels, by performing  a
                    regional emissions analysis as follows:
                    (A)  Determine  the  baseline regional  emissions  of
                         PM10 and PM10 precursors,  where applicable (for
                         PM10  nonattainment  areas)  and  NOx  (for  NO2
                         nonattainment  areas) from highway  and  transit
                         sources.  Baseline emissions are those estimated
                         to  have occurred  during  calendar  year  1990,
                         unless the implementation plan revision required
                         by this  rule defines the baseline emissions for
                         a PM10 area to be those occurring in a different
                         calendar year  for  which  a  baseline emissions
                         inventory  was  developed  for  the  purpose  of
                         developing  a  control  strategy  implementation
                         plan.
                    (B)  Estimate   the   emissions   of  the  applicable
                         pollutant(s)   from  the  entire  transportation
                         system, including projects in the transportation
                         plan   and   TIP  and   all   other   regionally
                         significant projects  in the nonattainment area,
                         according  to  the requirements  of  subdivision
                         (ae).  Emissions shall be estimated for analysis
                         years which are  no  more  than ten years apart.
                         The first analysis year shall  be  no later than
                         1996  (for  NO2  areas)  or  four years and  six
                         months  following  the date of designation  (for
                         PM10 areas).  The second  analysis year shall be
                         either the attainment year  for  the area, or if
                         the  attainment  year is the same as  the  first
                         analysis year or earlier,  the  second  analysis
                         year  shall  be  at least five years beyond  the
                         first  analysis year.   The  last  year  of  the
                         transportation plan's forecast period shall also
                         be an analysis year.
                   (C)   Demonstrate  that  for  each  analysis  year the
                         emissions estimated in paragraph (3)(B) of  this
                         subdivision   are   no   greater  than  baseline
                         emissions  of  PM10 and PM10  precursors,  where
                         applicable (for PM10 nonattainment areas) or NOx
                         (for NO2 nonattainment  areas)  from highway and
                         transit sources.

        (aa)   Criteria  and  procedures:  Interim period  reductions
               for PM10 and NO2 areas (TIP).
               (1)  A TIP must contribute  to emission reductions or must
                    not increase emissions in  PM10 and NO2 nonattainment
                    areas.   This  criterion  applies   only  during  the
                    interim and transitional periods.  It  applies to the
                    net effect on emissions of all projects  contained in
                    a  new  or  revised  TIP.   This  criterion  may   be
                    satisfied if the requirements of either paragraph (2)
                    or paragraph (3) of this subdivision are met.
                (2) Demonstrate  that  implementation of the plan and TIP
                    and   all  other  regionally   significant   projects
                    expected in the nonattainment area will contribute to
                    reductions   in   emissions   of   PM10   in  a  PM10
                    nonattainment    area   (and   transportation-related
                    precursors of PM10 in PM10 nonattainment areas if the
                    EPA Regional Administrator  or  the  director  of the
                    State  air  agency  has  made  a  finding  that  such
                    precursor  emissions  from  within  the nonattainment
                    area  are  a  significant  contributor  to  the  PM10
                    nonattainment problem and has so notified the MPO and
                    DOT)  and  of  NOx  in an NO2 nonattainment area,  by
                    performing a regional emissions analysis as follows:
                    (A)  Determine the analysis years for which emissions
                         are   to   be  estimated,   according   to   the
                         requirements of subparagraph (z)(2)(A).
                    (B)  Define  for  each  of  the  analysis  years  the
                         "Baseline" scenario,  as  defined  in  paragraph
                         (x)(3), and the "Action" scenario, as defined in
                         paragraph (x)(4).
                    (C)  Estimate  the  emissions predicted to result  in
                         each   analysis  year   from   travel   on   the
                         transportation systems defined by the "Baseline"
                         and   "Action"    scenarios   as   required   by
                         subparagraph    (z)(2)(C),    and    make    the
                         demonstration    required     by    subparagraph
                         (z)(2)(D).
               (3)  Demonstrate   that   when   the   projects   in   the
                    transportation  plan and TIP and all other regionally
                    significant  projects   expected   in  the  area  are
                    implemented,   the   transportation  system's   total
                    highway  and transit emissions  of  PM10  in  a  PM10
                    nonattainment    area   (and   transportation-related
                    precursors of PM10 in PM10 nonattainment areas if the
                    EPA Regional Administrator  or  the  director  of the
                    State  air  agency  has  made  a  finding  that  such
                    precursor  emissions  from  within  the nonattainment
                    area  are  a  significant  contributor  to  the  PM10
                    nonattainment problem and has so notified the MPO and
                    DOT) and of NOx in an NO2 nonattainment area will not
                    be  greater  than  baseline  levels, by performing  a
                    regional   emissions   analysis   as    required   by
                    subparagraphs (z)(3)(A)-(C).

         (ab)  Criteria  and  procedures:   Interim period reductions
               for PM10 and NO2 areas (project not from a plan and TIP).
               A transportation project which is  not  from  a conforming
               transportation  plan  and TIP must contribute to  emission
               reductions or must not  increase emissions in PM10 and NO2
               nonattainment areas.  This  criterion  applies  during the
               interim and transitional periods only.  This criterion  is
               met  if  a  regional emissions analysis is performed which
               meets  the  requirements  of  subdivision  (z)  and  which
               includes  the  transportation  plan  and  project  in  the
               "Action" scenario.   If  the  project  which is not from a
               conforming transportation plan and TIP is  a  modification
               of a project currently in the transportation plan  or TIP,
               and  paragraph  (z)(2) is used to demonstrate satisfaction
               of this criterion,  the  'Baseline'  scenario must include
               the  project with its original design concept  and  scope,
               and the  'Action'  scenario  must include the project with
               its new design concept and scope.

       (ac) Transition from the Interim period to the control strategy period.
               (1)  Areas which submit a control  strategy implementation
                    plan revision after November 24, 1993.
                    (A)  The  transportation  plan  and   TIP   must   be
                         demonstrated    to    conform    according    to
                         transitional  period  criteria and procedures by
                         one  year  from  the  date  the  Clean  Air  Act
                         requires  submission of  such  control  strategy
                         implementation  plan  revision.   Otherwise, the
                         conformity status of the transportation plan and
                         TIP   will   lapse,  and  no  new  project-level
                         conformity determinations may be made.
                         (i)  The conformity  of new transportation plans
                              and TIPs may be demonstrated  according  to
                              Phase   II   interim  period  criteria  and
                              procedures for 90 days following submission
                              of the control strategy implementation plan
                              revision, provided  the  conformity of such
                              transportation    plans    and   TIPs    is
                              redetermined   according   to  transitional
                              period criteria and procedures  as required
                              in paragraph (1)(A) of this subdivision and
                              such  transportation  plans  and  TIPs  are
                              consistent with the motor vehicle emissions
                              budget  in  the  applicable  implementation
                              plan  or  any previously submitted  control
                              strategy implementation plan revision.
                          (ii)Beginning 90  days  after submission of the
                              control   strategy   implementation    plan
                              revision, new transportation plans and TIPs
                              shall  demonstrate  conformity according to
                              transitional     period    criteria     and
                              procedures.
                    (B)  If   EPA  disapproves  the   submitted   control
                         strategy  implementation  plan  revision  and so
                         notifies   the   State,  SCAG,  and  DOT,  which
                         initiates the sanction  process  under Clean Air
                         Act  Sections  179  or  110(m),  the  conformity
                         status of the transportation plan and TIP  shall
                         lapse  120 days after EPA's disapproval, and  no
                         new project-level  conformity determinations may
                         be made.  No new transportation  plan,  TIP,  or
                         project  may  be  found to conform until another
                         control strategy implementation plan revision is
                         submitted   and   conformity   is   demonstrated
                         according to transitional  period  criteria  and
                         procedures.
                    (C)  Notwithstanding   paragraph   (1)(B)   of   this
                         subdivision,  if  EPA  disapproves the submitted
                         control  strategy implementation  plan  revision
                         but  determines   that   the   control  strategy
                         contained  in  the  revision  would   have  been
                         considered    approvable    with    respect   to
                         requirements  for  emission  reductions  if  all
                         committed   measures   had  been  submitted   in
                         enforceable form as required  by  Clean  Air Act
                         Section    110(a)(2)(A),   the   provisions   of
                         paragraph (1)(A) of this subdivision shall apply
                         for 12 months following the date of disapproval.
                         The conformity status of the transportation plan
                         and TIP shall lapse 12 months following the date
                         of disapproval  unless  another control strategy
                         implementation plan revision is submitted to EPA
                         and found to be complete.
             (2)    Areas  which have not submitted  a  control  strategy
                    implementation plan revision.
                    (A)  For  areas  whose  Clean  Air  Act  deadline for
                         submission     of     the    control    strategy
                         implementation plan revision  is  after November
                         24, 1993, and EPA has notified the  State, SCAG,
                         and  DOT  of  the  State's  failure to submit  a
                         control strategy implementation  plan  revision,
                         which initiates the sanction process under Clean
                         Air Act Sections 179 or 110(m):
                        (i)   No new transportation plans or TIPs  may be
                              found  to  conform beginning 120 days after
                              the Clean Air Act deadline; and
                        (ii)  The conformity status of the transportation
                              plan and TIP shall lapse one year after the
                              Clean Air Act deadline, and no new project-
                              level  conformity   determinations  may  be
                              made.
                     (B) For  areas  whose  Clean Air  Act  deadline  for
                         submission     of    the    control     strategy
                         implementation plan was before November 24, 1993
                         and EPA has made  a finding of failure to submit
                         a control strategy implementation plan revision,
                         which initiates the sanction process under Clean
                         Air Act Sections 179  or  110(m),  the following
                         apply  unless the failure has been remedied  and
                         acknowledged  by  a letter from the EPA Regional
                         Administrator:
                         (i)  No new transportation  plans or TIPs may be
                              found to conform beginning  March 24, 1994;
                              and
                        (ii)  The conformity status of the transportation
                              plan and TIP shall lapse November 25, 1994,
                              and   no   new   project-level   conformity
                              determinations may be made.
               (3)  Areas  which  have  not  submitted a complete control
                    strategy implementation plan revision.
                    (A)  For areas where EPA notifies the State, MPO, and
                         DOT after November 24,  1993  that  the  control
                         strategy  implementation plan revision submitted
                         by the State  is incomplete, which initiates the
                         sanction process  under  Clean  Air Act Sections
                         179  or 110(m), the following apply  unless  the
                         failure  has been remedied and acknowledged by a
                         letter from the EPA Regional Administrator:
                         (i)  No new  transportation plans or TIPs may be
                              found to  conform  beginning 120 days after
                              EPA's incompleteness finding; and
                        (ii)  The conformity status of the transportation
                              plan and TIP shall lapse one year after the
                              Clean Air Act deadline, and no new project-
                              level  conformity  determinations   may  be
                              made.
                        (iii) Notwithstanding clauses (3)(A)(i) and  (ii)
                              of  this  subdivision,  if EPA notes in its
                              incompleteness finding that  the submittals
                              would  have  been considered complete  with
                              respect   to  requirements   for   emission
                              reductions  if  all  committed measures had
                              been  submitted  in  enforceable   form  as
                              required   by   Clean   Air   Act   Section
                              110(a)(2)(A),  the  provisions of paragraph
                              (1)(A) of this subdivision  shall apply for
                              a period of 12 months following the date of
                              the   incompleteness  determination.    The
                              conformity  status  of  the  transportation
                              plan   and   TIP   shall  lapse  12  months
                              following  the date of  the  incompleteness
                              determination    unless   another   control
                              strategy implementation  plan  revision  is
                              submitted to EPA and found to be complete.
                   (B)   For   areas  where  EPA  has  determined  before
                         November  24,  1993  that  the  control strategy
                         implementation   plan  revision  is  incomplete,
                         which initiates the sanction process under Clean
                         Air Act Sections 179  or  110(m),  the following
                         apply  unless the failure has been remedied  and
                         acknowledged  by  a letter from the EPA Regional
                         Administrator:
                        (i)   No new transportation  plans or TIPs may be
                              found to conform beginning  March 24, 1994;
                              and
                        (ii)  The conformity status of the transportation
                              plan and TIP shall lapse November 25, 1994,
                              and   no   new   project-level   conformity
                              determinations may be made.
                         (iii)Notwithstanding clauses (3)(B)(i)  and (ii)
                              of  this  subdivision, if EPA notes in  its
                              incompleteness  finding  that the submittal
                              would  have been considered  complete  with
                              respect   to   requirements   for  emission
                              reductions  if  all committed measures  had
                              been  submitted  in   enforceable  form  as
                              required   by   Clean   Air   Act   Section
                              110(a)(2)(A),  the provisions of  paragraph
                              (4)(A) of this subdivision  shall apply for
                              a period of 12 months following the date of
                              the   incompleteness  determination.    The
                              conformity  status  of  the  transportation
                              plan   and   TIP   shall  lapse  12  months
                              following  the date of  the  incompleteness
                              determination    unless   another   control
                              strategy implementation  plan  revision  is
                              submitted to EPA and found to be complete.
             (4)    Areas    which    submitted    a   control   strategy
                    implementation plan before November 24, 1993.
                    (A)  The  transportation  plan  and   TIP   must   be
                         demonstrated    to    conform    according    to
                         transitional  period  criteria and procedures by
                         November 25, 1994.  Otherwise,  their conformity
                         status  will  lapse,  and  no  new project-level
                         conformity determinations may be made.
                        (i)   The conformity of new transportation  plans
                              and  TIPs may be demonstrated according  to
                              Phase   II   interim  period  criteria  and
                              procedures   until   February   22,   1994,
                              provided    the    conformity    of    such
                              transportation   plans    and    TIPs    is
                              redetermined   according   to  transitional
                              period criteria and procedures  as required
                              in paragraph (4)(A) of this subdivision.
                        (ii)  Beginning    February    22,    1994,   new
                              transportation   plans   and   TIPs   shall
                              demonstrate    conformity    according   to
                              transitional     period     criteria    and
                              procedures.
                     (B) If  EPA has disapproved the most recent  control
                         strategy  implementation  plan  submission,  the
                         conformity status of the transportation plan and
                         TIP  shall  lapse  March  24,  1994,  and no new
                         project-level conformity determinations  may  be
                         made.   No  new  transportation  plans, TIPs, or
                         projects  may be found to conform until  another
                         control strategy implementation plan revision is
                         submitted   and   conformity   is   demonstrated
                         according to  transitional  period  criteria and
                         procedures.
                    (C)  Notwithstanding   paragraph   (4)(B)   of   this
                         subdivision,   if   EPA   has   disapproved  the
                         submitted  control strategy implementation  plan
                         revision  but   determines   that   the  control
                         strategy  contained  in the revision would  have
                         been  considered  approvable   with  respect  to
                         requirements  for  emission  reductions  if  all
                         committed   measures   had  been  submitted   in
                         enforceable form as required  by  Clean  Air Act
                         Section    110(a)(2)(A),   the   provisions   of
                         paragraph (4)(A) of this subdivision shall apply
                         until November  25, 1994.  The conformity status
                         of the transportation  plan  and TIP shall lapse
                         November   25,   1994  unless  another   control
                         strategy   implementation   plan   revision   is
                         submitted to EPA and found to be complete.
               (5)  Projects.  If the currently conforming transportation
                    plan and TIP have  not  been  demonstrated to conform
                    according   to  transitional  period   criteria   and
                    procedures, the requirements of paragraphs (5)(A) and
                    (B) of this subdivision must be met.
                    (A)  Before a  FHWA/FTA  project  which is regionally
                         significant    and   increases   single-occupant
                         vehicle capacity  (a new general purpose highway
                         on  a  new location or  adding  general  purpose
                         lanes) may  be  found  to conform, the State air
                         agency must be consulted  on  how  the emissions
                         which the existing transportation plan and TIP's
                         conformity   determination  estimates  for   the
                         "Action" scenario  [as  required by subdivisions
                         (w) through (ab)] compare  to  the motor vehicle
                         emissions  budget  in  the  implementation  plan
                         submission   or  the  projected  motor   vehicle
                         emissions  budget  in  the  implementation  plan
                         under development.
                     (B) In the event  of  unresolved  disputes  on  such
                         project-level conformity determinations, the Air
                         Resources  Board  may  escalate the issue to the
                         Governor  consistent  with   the   procedure  in
                         subdivision (f)(4), which applies for  any State
                         air    agency    comments    on   a   conformity
                         determination.
               (6)  Redetermination   of   conformity  of  the   existing
                    transportation  plan  and   TIP   according   to  the
                    transitional period criteria and procedures.
                    (A)  The  redetermination  of  the  conformity of the
                         existing transportation plan and  TIP  according
                         to  transitional  period criteria and procedures
                         [as required by paragraphs  (1)(A) and (4)(A) of
                         this subdivision] does not require new emissions
                         analysis  and  does  not  have  to  satisfy  the
                         requirements of subdivision (k) if:
                         (i)  The  control  strategy implementation  plan
                              revision submitted  to  EPA  uses the MPO's
                              modeling  of  the  existing  transportation
                              plan and TIP for its projections  of  motor
                              vehicle emissions; and
                          (ii)The  control  strategy  implementation plan
                              does   not   include   any   transportation
                              projects  which  are  not included  in  the
                              transportation plan and TIP.
                    (B)  A redetermination of conformity  as described in
                         subparagraph (6)(A) of this subdivision  is  not
                         considered  a  conformity  determination for the
                         purposes of subparagraph (e)(2)(D)  or (e)(3)(D)
                         regarding    the   maximum   intervals   between
                         conformity determinations.   Conformity  must be
                         determined   according  to  all  the  applicable
                         criteria  and  procedures   of  subdivision  (j)
                         within  three  years  of the last  determination
                         which  did  not rely on subparagraph  (6)(A)  of
                         this subdivision.
               (7)    Ozone nonattainment areas.
                      (A)  The requirements  of subparagraph (2)(A) of this
                         subdivision apply if  a  serious  or above ozone
                         attainment    area   has   not   submitted   the
                         implementation  plan  revisions  which Clean Air
                         Act   Sections   182(c)(2)(A)  and  182(c)(2)(B)
                         require  to be submitted  to  EPA  November  15,
                         1994,  even   if  the  area  has  submitted  the
                         implementation plan revision which Clean Air Act
                         Section 182(b)(1)  requires  to  be submitted to
                         EPA November 15, 1993.
                     (B)  The requirements of subparagraph (2)(A)  of this
                         subdivision    apply   if   a   moderate   ozone
                         nonattainment area  which is using photochemical
                         dispersion modeling to demonstrate the "specific
                         annual  reductions  as   necessary   to  attain"
                         required by Clean Air Act Section 182(b)(1), and
                         which   has   permission   from   EPA  to  delay
                         submission of such demonstration until  November
                         15, 1994, does not submit such demonstration  by
                         that  date.   The  requirements  of subparagraph
                         (2)(A)  of this subdivision apply in  this  case
                         even if the  area has submitted the 15% emission
                         reduction demonstration  required  by  Clean Air
                         Act Section 182(b)(1).
                     (C) The   requirements  of  paragraph  (1)  of  this
                         section   apply  when  the  implementation  plan
                         revisions required  by  Clean  Air  Act Sections
                         182(c)(2)(A) and 182(c)(2)(B) are submitted.
               (8)  Nonattainment   areas  which  are  not  required   to
                    demonstrate   reasonable    further    progress   and
                    attainment.   If  an area listed in subdivision  (ak)
                    submits  a  control  strategy   implementation   plan
                    revision,  the requirements of paragraphs (1) and (5)
                    of this subdivision  apply.  Because the areas listed
                    in subdivision (ak) are  not  required to demonstrate
                    reasonable  further  progress  and   attainment   and
                    therefore   have  no  Clean  Air  Act  deadline,  the
                    provisions of  paragraph  (2)  of this subdivision do
                    not apply to these areas at any time.
               (9)  Maintenance    plans.    If   a   control    strategy
                    implementation plan  revision is not submitted to EPA
                    but a maintenance plan  required  by  Clean  Air  Act
                    Section 175A is submitted to EPA, the requirements of
                    paragraph  (1) or (4) of this subdivision apply, with
                    the maintenance plan submission treated as a "control
                    strategy  implementation   plan   revision"  for  the
                    purposes of those requirements.

        (ad)   Requirements for adoption or approval  of  projects by
               recipients  of  funds designated under Title 23 U.S.C.  or
               the Federal Transit Act.
               No recipient of federal  funds  designated  under Title 23
               U.S.C. or the Federal Transit Act shall adopt or approve a
               regionally   significant   highway   or  transit  project,
               regardless of funding source, unless there  is a currently
               conforming transportation plan and TIP consistent with the
               requirements  of  subdivision (o) and the requirements  of
               one of the following  paragraphs  (1)  through (5) of this
               subdivision are met:
                (1)  The  project  comes  from  a conforming plan  and  program
                    consistent with the requirements of subdivision (p);
                (2)  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 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;
                (3)  During the control  strategy  or  maintenance  period, the
                    project   is   consistent   with  the  motor  vehicle
                    emissions budget(s) in the applicable  implementation
                    plan consistent with the requirements of  subdivision
                    (u);
                (4)  During  Phase  II  of  the  interim  period,  the  project
                    contributes  to  emissions  reductions  or  does  not
                    increase  emissions  consistent with the requirements
                    of subdivision (y) (in  ozone  and  CO  nonattainment
                    areas)   or   subdivision   (ab)  (in  PM10  and  NO2
                    nonattainment areas); or
               (5)  During the transitional period, the project satisfies
                    the requirements of both paragraphs  (3)  and  (4) of
                    this subdivision.

          (ae) Procedures for determining regional transportation-related
               emissions.
               (1)  General requirements.
                    (A)  The   regional   emissions   analysis   for  the
                         transportation plan, TIP, or project not  from a
                         conforming   plan  and  TIP  shall  include  all
                         regionally significant  projects expected in the
                         nonattainment  or  maintenance  area,  including
                         FHWA/FTA projects proposed in the transportation
                         plan   and   TIP   and  all   other   regionally
                         significant projects  which are disclosed to the
                         MPO  as required by subdivision  (f).   Projects
                         which  are  not  regionally  significant are not
                         required to be explicitly modeled,  but VMT from
                         such  projects  must  be estimated in accordance
                         with  reasonable  professional   practice.   The
                         effects  of TCMs and similar projects  that  are
                         not regionally significant may also be estimated
                         in  accordance   with   reasonable  professional
                         practice.
                    (B)  The  emissions  analysis  may  not  include  for
                         emissions reduction credit  any  TCMs which have
                         been delayed beyond the scheduled  date(s) until
                         such  time  as implementation has been  assured.
                         If the TCM has been partially implemented and it
                         can  be  demonstrated   that   it  is  providing
                         quantifiable  emission reduction  benefits,  the
                         emissions analysis  may  include  that emissions
                         reduction credit.
                    (C)  Emissions   reduction   credit   from  projects,
                         programs,   or   activities   which  require   a
                         regulation in order to be implemented may not be
                         included  in the emissions analysis  unless  the
                         regulation  is  already adopted by the enforcing
                         jurisdiction.  Adopted  regulations are required
                         for  demand management strategies  for  reducing
                         emissions  which are not specifically identified
                         in the applicable  implementation  plan, and for
                         control  programs  which  are  external  to  the
                         transportation system itself, such  as  tailpipe
                         or  evaporative  emission  standards, limits  on
                         gasoline volatility, inspection  and maintenance
                         programs,   and   oxygenated   or   reformulated
                         gasoline  or diesel fuel.  A regulatory  program
                         may also be  considered to be adopted if an opt-
                         in  to a Federally  enforced  program  has  been
                         approved  by  EPA,  if  EPA  has promulgated the
                         program  (if the control program  is  a  Federal
                         responsibility,  such as tailpipe standards), or
                         if  the  Clean  Air  Act  requires  the  program
                         without  need for individual  State  action  and
                         without any  discretionary  authority for EPA to
                         set its stringency, delay its effective date, or
                         not implement the program.
                    (D)  Notwithstanding  subparagraph   (1)(C)  of  this
                         subdivision,  during  the  transitional  period,
                         control measures or programs which are committed
                         to  in  an  implementation  plan  submission  as
                         described in subdivisions (s)  through  (u), but
                         which have not received final EPA action  in the
                         form  of  a finding of incompleteness, approval,
                         or  disapproval  may  be  assumed  for  emission
                         reduction    credit    for    the   purpose   of
                         demonstrating    that   the   requirements    of
                         subdivisions (s) through (u) are satisfied.
                    (E)  A regional emissions analysis for the purpose of
                         satisfying the requirements  of subdivisions (w)
                         through  (y)  may  account for the  programs  in
                         subparagraph (1)(D) of this subdivision, but the
                         same assumptions about  these  programs shall be
                         used  for  both  the  "Baseline"  and   "Action"
                         scenarios.
                    (F)  Ambient  temperatures  shall be consistent  with
                         those used to establish  the emissions budget in
                         the  applicable  implementation  plan.   Factors
                         other  than  temperatures,   for   example   the
                         fraction  of  travel  in a hot stabilized engine
                         mode,   may   be   modified  after   interagency
                         consultation in accordance  with subdivision (f)
                         if the newer estimates incorporate additional or
                         more  geographically  specific   information  or
                         represent  a logically estimated trend  in  such
                         factors beyond  the  period  considered  in  the
                         applicable implementation plan.
               (2)  Serious,  severe,  and  extreme  ozone  nonattainment
                    areas and serious carbon monoxide areas after January
                    1,   1995.   Estimates  of  regional  transportation-
                    related   emissions   used   to   support  conformity
                    determinations must be made according  to  procedures
                    which  meet the requirements in subparagraphs  (2)(A)
                    through (E) of this subdivision.
                    (A)  A network-based  transportation  demand model or
                         models relating travel demand and transportation
                         system   performance   to   land-use   patterns,
                         population       demographics,       employment,
                         transportation        infrastructure,        and
                         transportation policies must be used to estimate
                         travel  within the metropolitan planning area of
                         the nonattainment  area.   Such  a  model  shall
                         possess the following attributes:
                         (i)  The  modeling  methods  and  the functional
                              relationships used in the model(s) shall in
                              all   respects   be   in  accordance   with
                              acceptable   professional   practice,   and
                              reasonable   for   purposes   of   emission
                              estimation;
                         (ii) The   network-based    model(s)   must   be
                              validated against ground  counts for a base
                              year that is not more than  10  years prior
                              to    the    date    of    the   conformity
                              determination.   Land use, population,  and
                              other inputs must  be  based  on  the  best
                              available  information  and  appropriate to
                              the validation base year;
                         (iii)     For  peak-hour or peak-period  traffic
                              assignments,     a    capacity    sensitive
                              assignment methodology must be used;
                         (iv) Zone-to-zone   travel    times    used   to
                              distribute   trips   between   origin   and
                              destination  pairs  must  be  in reasonable
                              agreement  with  the  travel  times   which
                              result  from  the  process of assignment of
                              trips  to  network  links.   Where  use  of
                              transit currently is  anticipated  to  be a
                              significant     factor     in    satisfying
                              transportation demand, these  times  should
                              also be used for modeling mode splits;
                         (v)  Free-flow speeds on network links shall  be
                              based on empirical observations;
                         (vi) Peak  and off-peak travel demand and travel
                              times must be provided;
                         (vii)     Trip distribution and mode choice must
                              be sensitive to pricing, where pricing is a
                              significant factor, if the network model is
                              capable  of  such  determinations  and  the
                              necessary information is available;
                         (viii)    The model(s) must utilize and document
                              a   logical   correspondence   between  the
                              assumed  scenario  of land development  and
                              use  and  the future transportation  system
                              for which emissions  are  being  estimated.
                              Reliance on a formal land-use model  is not
                              specifically required but is encouraged;
                         (ix) A  dependence  of  trip  generation  on the
                              accessibility   of   destinations  via  the
                              transportation system  (including  pricing)
                              is strongly encouraged but not specifically
                              required,   unless  the  network  model  is
                              capable  of  such  determinations  and  the
                              necessary information is available;
                         (x)  A  dependence  of   regional  economic  and
                              population growth on  the  accessibility of
                              destinations via the transportation  system
                              is strongly encouraged but not specifically
                              required,   unless  the  network  model  is
                              capable  of  such  determinations  and  the
                              necessary information is available; and
                         (xi) Consideration  of  emissions increases from
                              construction-related   congestion   is  not
                              specifically required.
                    (B)  Highway  Performance  Monitoring  System  (HPMS)
                         estimates  of  vehicle  miles  traveled shall be
                         considered the primary measure of  vehicle miles
                         traveled within the portion of the nonattainment
                         or  maintenance  area  and  for  the  functional
                         classes of roadways included in HPMS, for  urban
                         areas which are sampled on a separate urban area
                         basis.  A factor (or factors) shall be developed
                         to  reconcile  and  calibrate  the network-based
                         model estimates of vehicle miles traveled in the
                         base   year  of  its  validation  to  the   HPMS
                         estimates for the same period, and these factors
                         shall be  applied  to  model estimates of future
                         vehicle  miles  traveled.    In  this  factoring
                         process,   consideration   will  be   given   to
                         differences in the facility coverage of the HPMS
                         and the modeled network description.   Departure
                         from  these  procedures  is  permitted with  the
                         concurrence of DOT and EPA.
                    (C)  Reasonable  methods  shall be used  to  estimate
                         nonattainment area vehicle travel on off-network
                         roadways   within   the   urban   transportation
                         planning area, and on roadways outside the urban
                         transportation planning area.
                    (D)  Reasonable  methods  in  accordance   with  good
                         practice must be used to estimate traffic speeds
                         and delays in a manner that is sensitive  to the
                         estimated  volume  of  travel  on  each  roadway
                         segment represented in the network model.
               (3)  Areas which are not serious, severe, or extreme ozone
                    nonattainment areas or serious carbon monoxide areas,
                    or before January 1, 1995.
                    (A)  Procedures  which  satisfy  some  or  all of the
                         requirements    of   paragraph   (2)   of   this
                         subdivision shall  be  used  in  all  areas  not
                         subject  to paragraph (2) of this subdivision in
                         which those  procedures  have  been the previous
                         practice of SCAG.
                    (B)  Regional emissions may be estimated  by  methods
                         which   do  not  explicitly  or  comprehensively
                         account  for  the  influence  of  land  use  and
                         transportation  infrastructure  on vehicle miles
                         traveled  and  traffic  speeds  and  congestion.
                         Such  methods  must  account  for VMT growth  by
                         extrapolating   historical  VMT  or   projecting
                         future VMT by considering  growth  in population
                         and  historical growth trends for vehicle  miles
                         travelled  per  person.  These methods must also
                         consider  future  economic   activity,   transit
                         alternatives,    and    transportation    system
                         policies.
               (4)  Projects  not  from  a  conforming  plan  and  TIP in
                    isolated  rural  nonattainment and maintenance areas.
                    This  paragraph  applies   to  any  nonattainment  or
                    maintenance area or any portion  thereof  which  does
                    not  have  a  metropolitan transportation plan or TIP
                    and whose projects  are  not  part  of  the emissions
                    analysis  of  any  MPO's  metropolitan transportation
                    plan or TIP (because the nonattainment or maintenance
                    area   or  portion  thereof  does   not   contain   a
                    metropolitan   planning   area   or   portion   of  a
                    metropolitan  planning  area  and  is  not  part of a
                    Metropolitan   Statistical   Area   or   Consolidated
                    Metropolitan Statistical Area which is or  contains a
                    nonattainment or maintenance area).
                    (A)  Conformity demonstrations for projects  in these
                         areas    may   satisfy   the   requirements   of
                         subdivisions   (u),   (y),  and  (ab)  with  one
                         regional emissions analysis  which  includes all
                         the  regionally  significant  projects  in   the
                         nonattainment  or  maintenance  area (or portion
                         thereof).
                    (B)  The  requirements  of subdivision (u)  shall  be
                         satisfied  according   to   the   procedures  in
                         subdivision  (u)(3),  with  references   to  the
                         "transportation   plan"   taken   to   mean  the
                         statewide transportation plan.
                    (C)  The  requirements  of subdivisions (y) and  (ab)
                         which reference "transportation  plan"  or "TIP"
                         shall  be  taken  to mean those projects in  the
                         statewide transportation  plan  or statewide TIP
                         which  are  in the nonattainment or  maintenance
                         area (or portion thereof).
                    (D)  The requirement  of  paragraph  (ad)(2) shall be
                         satisfied if:
                         (i)  The  project  is  included in the  regional
                              emissions  analysis   which   includes  all
                              regionally    significant    highway    and
                              transportation      projects     in     the
                              nonattainment  or  maintenance   area   (or
                              portion   thereof)  and  support  the  most
                              recent   conformity    determination   made
                              according    to    the   requirements    of
                              subdivisions (w), (y), or (ab) (as modified
                              by subparagraphs (4)(B)  and (4)(C) of this
                              subdivision), as appropriate  for  the time
                              period and pollutant; and
                         (ii) 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.
                (5)  PM10 from construction-related fugitive dust.
                    (A)  For  areas in which the implementation plan does
                         not identify  construction-related fugitive PM10
                         as a contributor  to  the nonattainment problem,
                         the  fugitive  PM10  emissions  associated  with
                         highway and transit project construction are not
                         required  to  be  considered   in  the  regional
                         emissions analysis.
                    (B)  In PM10 nonattainment and maintenance areas with
                         implementation      plans     which     identify
                         construction-related    fugitive   PM10   as   a
                         contributor  to the nonattainment  problem,  the
                         regional PM10  emissions analysis shall consider
                         construction-related  fugitive  PM10  and  shall
                         account  for the level of construction activity,
                         the  fugitive   PM10  control  measures  in  the
                         applicable implementation  plan,  and  the dust-
                         producing capacity of the proposed activities.

          (af) Procedures   for   determining   localized   CO  and  PM10
               concentrations (hot spot analysis).
                (1)  In the following cases, CO hot-spot analyses must be based
                    on the applicable air quality models, data bases, and
                    other  requirements  specified  in  40  CFR Part  51,
                    appendix   W   ("Guideline   on  Air  Quality  Models
                    (Revised)" (1988), supplement A (1987) and supplement
                    B   (1993),  EPA  publications  no.   450/2-78-027R),
                    unless,  after  the  interagency consultation process
                    described in subdivision (f) and with the approval of
                    the EPA Regional Administrator,  these  models,  data
                    bases,  and  other  requirements are determined to be
                    inappropriate:
                    (A)  For projects in  or  affecting locations, areas,
                         or categories of sites  which  are identified in
                         the applicable implementation plan  as  sites of
                         current violation or possible current violation;
                    (B)  For  those intersections at Level-of-Service  D,
                         E, or  F, or those that will change to Level-of-
                         Service  D, E, or F because of increased traffic
                         volumes  related   to   a  new  project  in  the
                         vicinity;
                    (C)  For any project involving  or  affecting  any of
                         the    intersections    which   the   applicable
                         implementation plan identifies  as the top three
                         intersections    in    the   nonattainment    or
                         maintenance area based on  the  highest  traffic
                         volumes;
                    (D)  For  any  project involving or affecting any  of
                         the   intersections    which    the   applicable
                         implementation plan identifies as  the top three
                         intersections    in    the    nonattainment   or
                         maintenance  area  based on the worst  Level-of-
                         Service; and
                    (E)  Where   use   of  the  "Guideline"   models   is
                         practicable and  reasonable  given the potential
                         for violations.
               (2)  In cases other than those described  in paragraph (1)
                    of this subdivision, other quantitative  methods  may
                    be  used  if  they  represent  reasonable  and common
                    professional practice.
               (3)  CO hot-spot analyses must include the entire project,
                    and  may  be  performed  only  after the major design
                    features   which   will   significantly   impact   CO
                    concentrations have been identified.   The background
                    concentration  can  be estimated using the  ratio  of
                    future to current traffic  multiplied by the ratio of
                    future to current emission factors.
               (4)  PM10 hot-spot analysis must be performed for projects
                    which are located at sites at  which  violations have
                    been verified by monitoring, and at sites  which have
                    essentially  identical  vehicle  and roadway emission
                    and dispersion characteristics (including  sites near
                    one  at  which a violation has been monitored).   The
                    projects which  require  PM10 hot-spot analysis shall
                    be  determined through the  interagency  consultation
                    process   required   in  subdivision  (f).   In  PM10
                    nonattainment and maintenance  areas, new or expanded
                    bus  and  rail  terminals and transfer  points  which
                    increase the number  of  diesel vehicles congregating
                    at a single location require  hot-spot analysis.  DOT
                    may   choose   to   make  a  categorical   conformity
                    determination on bus  and  rail terminals or transfer
                    points  based  on  appropriate  modeling  of  various
                    terminal sizes, configurations,  and activity levels.
                    The requirements of this paragraph  for  quantitative
                    hot-spot  analysis  will  not  take effect until  EPA
                    releases  modeling  guidance  on  this   subject  and
                    announces   in   the   Federal  Register  that  these
                    requirements are in effect.
               (5)  Hot-spot analysis assumptions must be consistent with
                    those in the regional emissions  analysis  for  those
                    inputs which are required for both analyses.
               (6)  PM10  or  CO  mitigation or control measures shall be
                    assumed in the hot-spot analysis only where there are
                    written commitments  from  the project sponsor and/or
                    operator to the implementation  of  such measures, as
                    required by paragraph (ah)(1).
               (7)  CO  and  PM10 hot-spot analyses are not  required  to
                    consider construction-related  activities which cause
                    temporary increases in emissions.  Each site which is
                    affected by construction-related  activities shall be
                    considered separately, using established  "Guideline"
                    methods.   Temporary  increases are defined as  those
                    which occur only during  the  construction  phase and
                    last five years or less at any individual site.

          (ag) Using the motor vehicle emissions budget in the applicable
               implementation plan (or implementation plan submission).
                (1)  In  interpreting  an  applicable  implementation plan  (or
                    implementation plan submission)  with  respect to its
                    motor vehicle emissions budget(s), SCAG  and  DOT may
                    not  infer  additions  to  the budget(s) that are not
                    explicitly  intended by the implementation  plan  (or
                    submission).     Unless   the   implementation   plan
                    explicitly  quantifies  the  amount  by  which  motor
                    vehicle  emissions   could   be  higher  while  still
                    allowing  a  demonstration  of  compliance  with  the
                    milestone, attainment, or maintenance requirement and
                    explicitly states an intent that  some or all of this
                    additional amount should be available to SCAG and DOT
                    in the emission budget for conformity  purposes, SCAG
                    may  not interpret the budget to be higher  than  the
                    implementation  plan's  estimate of future emissions.
                    This    applies   in   particular    to    applicable
                    implementation    plans    (or   submissions)   which
                    demonstrate  that  after  implementation  of  control
                    measures in the implementation plan:
                    (A)  Emissions from all sources will be less than the
                         total emissions that would  be consistent with a
                         required demonstration of an emissions reduction
                         milestone;
                    (B)  Emissions  from  all  sources  will   result  in
                         achieving  attainment  prior  to  the attainment
                         deadline  and/or ambient concentrations  in  the
                         attainment  deadline  year  will  be  lower than
                         needed to demonstrate attainment; or
                    (C)  Emissions  will be lower than needed to  provide
                         for continued maintenance.
               (2)  If an applicable implementation plan submitted before
                    November 24, 1993  demonstrates  that  emissions from
                    all  sources  will  be less than the total  emissions
                    that  would  be  consistent   with   attainment   and
                    quantifies that "safety margin", the State may submit
                    a  SIP  revision  which  assigns  some or all of this
                    safety margin to highway and transit  mobile  sources
                    for the purposes of conformity.  Such a SIP revision,
                    once  it  is  endorsed  by  the Governor and has been
                    subject to a public hearing,  may  be  used  for  the
                    purposes  of  transportation  conformity before it is
                    approved by EPA.
               (3)  A conformity demonstration shall  not trade emissions
                    among  budgets  which  the applicable  implementation
                    plan (or implementation  plan  submission)  allocates
                    for  different  pollutants  or  precursors,  or among
                    budgets   allocated   to  motor  vehicles  and  other
                    sources,  without  a SIP  revision  or  a  SIP  which
                    establishes mechanisms for such trades.
               (4)  If   the   applicable   implementation    plan    (or
                    implementation   plan  submission)  estimates  future
                    emissions by geographic  subarea of the nonattainment
                    area, SCAG and DOT are not  required to consider this
                    to establish subarea budgets,  unless  the applicable
                    implementation    plan    (or   implementation   plan
                    submission) explicitly indicates  an intent to create
                    such subarea budgets for the purposes of conformity.
               (5)  If a nonattainment area includes more  than  one MPO,
                    the SIP may establish motor vehicle emissions budgets
                    for each MPO, or else the MPOs must collectively make
                    a    conformity    determination   for   the   entire
                    nonattainment area.

          (ah) Enforceability of design  concept  and  scope and project-
               level mitigation and control measures.
               (1)  Prior to determining that a transportation project is
                    in  conformity,  SCAG  or  other recipient  of  funds
                    designated  under  Title  23 U.S.C.  or  the  Federal
                    Transit  Act,  FHWA,  or  FTA must  obtain  from  the
                    project  sponsor  or  operator   enforceable  written
                    commitments to implement in the construction  of  the
                    project  and  operation  of the resulting facility or
                    service  any  project-level   mitigation  or  control
                    measures which are identified as  conditions for NEPA
                    process completion with respect to  local  PM10 or CO
                    impacts.   Before  making  conformity  determinations
                    enforceable written commitments must also be obtained
                    for  project-level  mitigation  or  control  measures
                    which    are   conditions   for   making   conformity
                    determinations  for  a transportation plan or TIP and
                    included  in the project  design  concept  and  scope
                    which is used  in  the  regional  emissions  analysis
                    required  by  subdivisions  (s)  through  (u) and (w)
                    through  (y)  or  used  in the project-level hot-spot
                    analysis required by subdivisions (q) and (v).
               (2)  Project sponsors voluntarily committing to mitigation
                    measures    to    facilitate   positive    conformity
                    determinations  shall   provide  enforceable  written
                    commitments and must comply  with  the obligations of
                    such commitments.
               (3)  Enforceable  written  commitments  to  mitigation  or
                    control measures must be obtained prior to a positive
                    conformity  determination, and project sponsors  must
                    comply with such commitments.
               (4)  During the control  strategy and maintenance periods,
                    if SCAG or project sponsor believes the mitigation or
                    control   measure   is  no   longer   necessary   for
                    conformity, the project  sponsor  or  operator may be
                    relieved   of   its   obligation  to  implement   the
                    mitigation or control measure  if  it can demonstrate
                    that the requirements of subdivisions  (q),  (s), and
                    (v)  are  satisfied  without  mitigation  or  control
                    measure, and so notifies the agencies involved in the
                    interagency   consultation   process  required  under
                    subdivision (f).  SCAG and DOT  must confirm that the
                    transportation  plan  and  TIP  still   satisfy   the
                    requirements of subdivisions (s) and (v) and that the
                    project   still   satisfies   the   requirements   of
                    subdivision  (q),  and  therefore that the conformity
                    determinations for the transportation  plan, TIP, and
                    project are still valid.

          (ai) Exempt projects.
               Notwithstanding the other requirements of this rule, highway
               and transit projects  of  the  types listed in Table 2 are
               exempt   from   the   requirement   that    a   conformity
               determination  be made.  Such projects may proceed  toward
               implementation  even   in  the  absence  of  a  conforming
               transportation plan and  TIP.   A particular action of the
               type  listed  in  Table  2  is  not  exempt   if  SCAG  in
               consultation    with    other    agencies    (see   clause
               (f)(3)(A)(iii), the EPA, and the FHWA (in the  case  of  a
               highway  project)  or  the  FTA  (in the case of a transit
               project) concur that it has potentially  adverse emissions
               impacts for any reason.  States and MPOs must  ensure that
               exempt projects do not interfere with TCM implementation.



                                TABLE 2. -- EXEMPT PROJECTS

                                               Safety

            Railroad/highway crossing.
            Hazard elimination program.
            Safer non-Federal-aid system roads.
            Shoulder improvements.
            Increasing sight distance.
            Safety improvement program.
            Traffic  control devices and operating assistance other
            than  signalization projects.
            Railroad/highway crossing warning devices.
            Guardrails, median barriers, crash cushions.
            Pavement resurfacing and/or rehabilitation.
            Pavement marking demonstration.
            Emergency relief (23 U.S.C. 125).
            Fencing.
            Skid treatments.
            Safety roadside rest areas.
            Adding medians.
            Truck climbing lanes outside the urbanized area.
            Lighting improvements.
            Widening narrow  pavements  or  reconstructing bridges
              (no additional travel lanes).
            Emergency truck pullovers.


                                            Mass Transit

Operating assistance to transit agencies.
Purchase of support vehicles.
Rehabilitation of transit vehicles.1
Purchase of office, shop, and operating equipment for existing facilities.
Purchase of operating equipment for vehicles (e.g. radios, fareboxes, lifts,
etc.).
Construction or renovation of power, signal, and communications systems.
Construction of small passenger shelters and information kiosks.
Reconstruction or renovation of transit  buildings and structures (e.g. rail
or bus buildings, storage and
maintenance facilities, stations, terminals, and ancillary structures
Rehabilitation or reconstruction of track  structures,  track, and track bed
in existing rights-of-way.
Purchase  of  new  buses and rail cars to replace existing vehicles  or  for
minor expansions of the fleet.1
Construction of new bus or rail storage/maintenance facilities categorically
excluded in 23 CFR Part 771.


                                            Air Quality

Continuation of ride-sharing and van-pooling promotion activities 
  at current levels.
Bicycle and pedestrian facilities.




                       TABLE 2. -- EXEMPT PROJECTS  (Cont.)
                                               Other

  Specific activities  which  do not involve or lead directly to construction,
  such as:
    Planning and technical studies.
    Grants for training and research programs.
    Planning activities conducted pursuant to tiles 23 and 49 U.S.C
    Federal-aid systems revisions
    Engineering to assess social, economic, and environmental effects of the
      proposed action or alternatives to that action.
    Noise attenuation.
    Advance land acquisitions (23 CFR Part 712 or 23 CFR Part 771).
    Acquisition of scenic easements.
    Plantings, landscaping, etc.
    Sign removal.
    Directional and informational signs.
    Transportation enhancement activities (except rehabilitation and operation
      of historic transportation buildings, structures, or facilities).
    Repair of damage caused by natural disasters, civil unrest, or terrorist
      acts, except projects involving substantial functional or capacity 
      changes.
          
          1PM10   nonattainment  or  maintenance  areas,   such
           projects  are  exempt only if they are in compliance
           with   control   measures    in    the    applicable
           implementation plan.
          (aj) Projects exempt from regional emissions analyses.
               Notwithstanding the other requirements  of  this  subpart,
               highway and transit projects of the types listed in  Table
               3    are   exempt   from   regional   emissions   analysis
               requirements.   The  local  effects of these projects with
               respect to CO or PM10 concentrations must be considered to
               determine  if a hot-spot analysis  is  required  prior  to
               making a project-level  conformity  determination.   These
               projects  may  then  proceed  to  the  project development
               process even in the absence of a conforming transportation
               plan and TIP.  A particular action of the  type  listed in
               Table 3 is not exempt from regional emissions analysis  if
               the  MPO  in  consultation with other agencies (see clause
               (f)(3)(A)(iii),  the  EPA,  and the FHWA (in the case of a
               highway project) or the FTA (in  the  case  of  a  transit
               project) concur that it has potential regional impacts for
               any reason.

           TABLE 3. -- PROJECTS EXEMPT FROM REGIONAL EMISSIONS ANALYSES
            Intersection channelization projects.
            Intersection signalization projects at individual intersections.
            Interchange reconfiguration projects.
            Changes in vertical and horizontal alignment.
            Truck size and weight inspection stations.
            Bus terminals and transfer points.


   (ak)  Special provisions for nonattainment areas which  are
         not  required  to demonstrate reasonable further progress
         and attainment.
               (1)  Application.   This  section applies in the following
                     areas:
                    (A)  Rural transport ozone nonattainment areas;
                    (B)  Marginal ozone areas;
                    (C)  Submarginal ozone areas;
                    (D)  Transitional ozone areas;
                    (E)  Incomplete data ozone areas;
                    (F)  Moderate CO areas  with  a  design value of 12.7
                         ppm or less; and
                    (G)  Not classified CO areas
               (2)  Default  conformity  procedures.   The  criteria  and
                    procedures  in  subdivisions  (w)  through  (y)  will
                    remain  in  effect  throughout  the control  strategy
                    period for transportation plans,  TIPs,  and projects
                    (not from a conforming plan and TIP) in lieu  of  the
                    procedures in subdivisions (s) through (u), except as
                    otherwise   provided   in   paragraph   (3)  of  this
                    subdivision.
               (3)  Optional conformity procedures.  The State or MPO may
                    voluntarily  develop an attainment demonstration  and
                    corresponding  motor  vehicle  emissions  budget like
                    those  required  in  areas  with higher nonattainment
                    classifications.  In this case, the State must submit
                    an implementation plan revision  which  contains that
                    budget  and attainment demonstration.  Once  EPA  has
                    approved   this  implementation  plan  revision,  the
                    procedures in  subdivisions  (s) through (u) apply in
                    lieu  of the procedures in subdivisions  (w)  through
                    (y).

   (al)   Savings provisions.
          The Federal conformity rules under 40 CFR Part 51 Subpart T, in
          addition to  any  existing  applicable State requirements,
          establish the conformity criteria and procedures necessary
          to meet the requirements of Clean  Air  Act Section 176(c)
          until  such  time  as this conformity implementation  plan
          revision is approved  by  EPA.   Following EPA approval of
          this revision to the applicable implementation  plan (or a
          portion  thereof),  the  approved (or approved portion  of
          the) State criteria and procedures would govern conformity
          determinations.