REGULATION NUMBER 10 CRITERIA FOR ANALYSIS OF CONFORMITY

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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Air Quality Control Commission

REGULATION NUMBER 10 CRITERIA FOR ANALYSIS OF TRANSPORTATION CONFORMITY

5 CCR 1001-12

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________

Conformity to State Implementation Plans of Transportation Plans, Programs, and Projects

Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act

I.

Requirement to Comply with the Federal Rule

The purpose of Regulation Number 10 is to fulfill the requirement in 40 CFR 51.390(b) to

establish a SIP revision that addresses the provisions of Sections 40 CFR 93.105(a)

through (e), 40 CFR 93.122(a)(4)(ii), and 40 CFR 93.125(c) of the federal transportation

conformity rule (see 40 CFR Part 93, Subpart A). Any person making a transportation

conformity determination or adopting or approving a regionally significant project shall

comply with the provisions of 40 CFR, Part 93, Subpart A., except as follows:

I.A.

The interagency consultation procedures established in Section III. of this document

specify Colorado procedures and shall apply in addition to the consultation procedures

established in 40 CFR Section 93.105 (a) through (e).

I.B.

Colorado-specific provisions in Section IV. of this document that require obtainment of

and fulfillment of written commitments to SIP control measures not included in a

transportation plan or Transportation Improvement Program (TIP) shall apply, pursuant to

40 CFR Section 93.122 (a)(4)(ii).

I.C.

Colorado-specific provisions in Section V. of this document regarding design concept and

scope and enforceability of project-level mitigation and control measures shall apply,

pursuant to 40 CFR Section 93.125 (c).

II.

Definitions

CDOT means the Colorado Department of Transportation.

Commission means the Air Quality Control Commission as defined in Section 25-7-103(7), C.R.S.

Division means The Air Pollution Control Division, pursuant to Section 25-7-111, C.R.S

ding design concept and

scope and enforceability of project-level mitigation and control measures shall apply,

pursuant to 40 CFR Section 93.125 (c).

II.

Definitions

CDOT means the Colorado Department of Transportation.

Commission means the Air Quality Control Commission as defined in Section 25-7-103(7), C.R.S.

Division means The Air Pollution Control Division, pursuant to Section 25-7-111, C.R.S.

Hot Spot Analysis is an estimation of likely future localized criteria pollutant (or their precursor)

concentrations and a comparison of those concentrations to the national ambient air quality

standards. Federally required hot spot analyses assess impacts of pollutants on a scale smaller

than the entire nonattainment or maintenance area, including for example, congested roadway

intersections, highway portions, or transit terminals, using air quality dispersion modeling.

Lead Planning Agency (LPA) is an agency designated by Colorado’s Governor that is charged,

together with the Division, with the duty of developing the State Implementation Plan (SIP) for any

nonattainment or maintenance area.

Code of Colorado Regulations

Secretary of State

State of Colorado

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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 lead agency for preparing

transportation plans, TIPs and transportation conformity documents, and it provides a forum for

cooperative transportation decision-making.

Project-level Conformity See: Hot Spot Analysis

Regional Transportation Conformity refers to the status of a transportation planning region’s

conformance to relevant State Implementation Plans (SIPs)

134 and 49 U.S.C. 1607. It is the lead agency for preparing

transportation plans, TIPs and transportation conformity documents, and it provides a forum for

cooperative transportation decision-making.

Project-level Conformity See: Hot Spot Analysis

Regional Transportation Conformity refers to the status of a transportation planning region’s

conformance to relevant State Implementation Plans (SIPs). A conforming region’s transportation

plans and TIPs have passed emissions tests that must indicate they are unlikely to cause,

contribute to, or increase the severity and frequency of future violations of national ambient air

quality standards. Regional Conformity is demonstrated using transportation network models and

air quality models and comparing projected transportation-related pollutant emissions to motor

vehicle emissions budgets, or where budgets are not established, other emission limits for the

region. To make a positive Conformity finding for a region, future emissions must not exceed

certain limits, e.g., emission budgets, and transportation projects, plans and TIPs must not

interfere with any transportation control measures required by SIPs.

Review Team is that group of interagency representatives who consult regarding Transportation

Conformity assessment and findings, e.g., the Interagency Consultation Group (ICG) developed

by the Denver Regional Council of Governments. The review team’s responsibilities are defined

in Section III. of this rule

ans and TIPs must not

interfere with any transportation control measures required by SIPs.

Review Team is that group of interagency representatives who consult regarding Transportation

Conformity assessment and findings, e.g., the Interagency Consultation Group (ICG) developed

by the Denver Regional Council of Governments. The review team’s responsibilities are defined

in Section III. of this rule.

Regionally Significant Project means a transportation project (other than an exempt project*) for a

facility that serves regional transportation needs, such as access to and from the area outside 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 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 and

alternative to regional highway travel. For the purposes of this rule, regionally significant projects

include only those located in nonattainment or maintenance areas. *Exempt projects are listed in

the Federal Regulation at 40 CFR Part 93.126 and Part 93.127 and include safety improvements.

Routine Conformity Determination is one that is made for transportation plans and TIPs and/or

their amendments involving: (1) Plans or TIPs that the APCD determines to have minor

amendments only, and /or (2) Projects with revisions to staging years only, and/or (3) Minor

transit station plan revisions. Conformity Determinations for areas with Limited Maintenance

Plans, which do not have emissions budgets, would also generally be considered “routine.”

Notwithstanding this general definition, the APCD or the Commission at its discretion may request

that any Conformity Determination be reviewed by the Commission

with revisions to staging years only, and/or (3) Minor

transit station plan revisions. Conformity Determinations for areas with Limited Maintenance

Plans, which do not have emissions budgets, would also generally be considered “routine.”

Notwithstanding this general definition, the APCD or the Commission at its discretion may request

that any Conformity Determination be reviewed by the Commission.

Transportation Control Measure (TCM) is any measure that is specifically identified and

committed to in the applicable implementation plan (air quality SIP) through the process

established in CAA Section 176 (c) (8), that is either one of the types listed in CAA Section 108,

or any other measure designed to reduce emissions or concentrations of air pollutants from

transportation sources by reducing vehicle use or changing traffic flow or congestion conditions.

Vehicle technology-based, fuel-based and maintenance-based measures, e.g., inspection and

maintenance programs, are not TCM’s.

Transportation Improvement Program (TIP) A prioritized program of transportation projects

funded with federal transportation funds, developed under 23.U.S.C. 134(j) and 23 CFR Parts

450.324 through 450.330. The TIP must be fiscally constrained, and, in air quality nonattainment

and maintenance areas, the MPO, as well as FHWA and FTA must determine that the TIP

achieves Conformity

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ogram of transportation projects

funded with federal transportation funds, developed under 23.U.S.C. 134(j) and 23 CFR Parts

450.324 through 450.330. The TIP must be fiscally constrained, and, in air quality nonattainment

and maintenance areas, the MPO, as well as FHWA and FTA must determine that the TIP

achieves Conformity

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Transportation Plan in the context of this regulation means a fiscally constrained plan prepared by

a Metropolitan Planning Organization or CDOT and a local government or governments and/or

regional planning commission pursuant to 23 U.S.C. 134 and as amplified by 23 CFR Part

450.322 (also referred to as a metropolitan transportation plan, regional transportation plan, or

long-range transportation plan) for which a regional conformity determination is required. Outside

of MPO’s, the Colorado Department of Transportation, along with local governments, develops

regional transportation plans. The overall State Transportation Plan incorporates all of the

regional plans.

Transportation Planning Region (TPR) is a geographic area for which the transportation planning

process required by 23 USC 134 and 135 and Section 8 of the Federal Transit Act must be

carried out. Per Colorado regulations (CCR 43-1-1102), a TPR is a geographically designated

area of the state for which a regional transportation plan may be developed pursuant to the

provisions of 43-1-1102 and 1103, CRS.

III.

Interagency Consultation

III.A.

Roles and Responsibilities for Transportation Conformity Determinations and Related SIP

Development.

III.A.1. This rule sets out the minimum requirements for interagency consultation

(Federal, State, regional and local) and resolution of conflicts

te for which a regional transportation plan may be developed pursuant to the

provisions of 43-1-1102 and 1103, CRS.

III.

Interagency Consultation

III.A.

Roles and Responsibilities for Transportation Conformity Determinations and Related SIP

Development.

III.A.1. This rule sets out the minimum requirements for interagency consultation

(Federal, State, regional and local) and resolution of conflicts. Representatives of

the MPOs, local transit agency, the Division, the LPA and CDOT shall undertake

an interagency consultation process in accordance with this section with each

other and with local or regional offices of EPA, FHWA, and FTA on the

development of the implementation plan, the list of TCMs in the applicable

implementation plan, the transportation plan, the TIP, and all conformity

determinations required by this rule. The MPO shall provide notice of revisions to

Conformity documents through the normal planning process. The interagency

consultation process shall be used in developing or noticing revisions to any

documents that could affect Transportation Conformity.

III.A.2. It shall be the role and responsibility of each agency identified as a lead agency

to prepare the final document and to ensure the adequacy of the interagency

consultation process. Designation as a lead agency for any decision item shall

mean that such agency shall be responsible for making the final decision on such

decision item, except that any such decision shall be subject to the dispute

resolution process set out in \ Section III.H.

III.A.3. In each nonattainment area, CDOT, the LPA, the Division, the MPO, local transit

agency, and other agencies, as appropriate, may develop a written agreement

pursuant to Section III.G. that outlines the specific roles and responsibilities of

various participants in the interagency consultation process for the preparation of

SIPs, transportation plans, TIPs and conformity determinations

I.H.

III.A.3. In each nonattainment area, CDOT, the LPA, the Division, the MPO, local transit

agency, and other agencies, as appropriate, may develop a written agreement

pursuant to Section III.G. that outlines the specific roles and responsibilities of

various participants in the interagency consultation process for the preparation of

SIPs, transportation plans, TIPs and conformity determinations. In the absence of

such a written agreement, in addition to the other duties specified in this rule, the

specific roles and responsibilities of the various participants in the interagency

consultation process shall be as follows:

III.A.3.a.

The Division shall be responsible for: (A) emissions inventories;

(B) air quality modeling and/or quality-assuring air quality modeling that

is performed by the MPOs or CDOT; (C) performing attainment

demonstrations; (D) assisting the LPA in the development of pollutant

specific implementation plan revisions; (E) providing technical and policy

input regarding emission factors and emissions budgets; and (F)

updating motor vehicle emissions factors.

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III.A.3.b.

The LPA, or the Division if there is no LPA, shall: (A) develop

pollutant-specific state implementation plans for submittal to the

Commission; and (B) prepare emissions budgets.

III.A.3.c.

The MPO shall: (A) develop transportation plans and TIPs, and

shall make conformity determinations on transportation plans and TIPs

within the applicable area, and shall be the lead agency for the

development of such plans and TIPs, and for such conformity

determinations; (B) develop transportation and socioeconomic data and

planning assumptions and provide such data and planning assumptions

to the Division for use in air quality analysis; (C) perform transportation

modeling and documentation of timely implementation of TCMs needed

for conformity assessments and SIP development; and (D) monitor

regionally significant projects, and ensure that all disclosed, or otherwi

develop transportation and socioeconomic data and

planning assumptions and provide such data and planning assumptions

to the Division for use in air quality analysis; (C) perform transportation

modeling and documentation of timely implementation of TCMs needed

for conformity assessments and SIP development; and (D) monitor

regionally significant projects, and ensure that all disclosed, or otherwise

known, regionally significant projects are included in the regional

emissions analysis. The MPO may: (E) provide technical and policy input

on emissions budgets; (F) perform air quality modeling for transportation

conformity purposes; and (G) evaluate TCM impacts on transportation as

needed.

III.A.3.d.

CDOT shall: (A) provide technical input on proposed revisions to

motor vehicle emissions factors, (B) convene air quality technical review

meetings on specific projects when requested by other agencies or as

needed, and (C) comment on transportation control measures and other

aspects of the SIP that may affect the operation, construction or

maintenance of the transportation system.

III.A.3.e.

In addition to the duties and responsibilities identified in

paragraph d. above, for FHWA/FTA projects located outside of

metropolitan planning areas, CDOT shall convene the appropriate

parties to outline roles and responsibilities and coordinate efforts needed

to: (A) perform the required conformity evaluation for such projects, and

identify the lead agency for such evaluations; (B) provide technical and

policy input on emissions budgets; (C) develop socioeconomic data and

planning assumptions for use in air quality analysis to determine

conformity of projects in consultation with the affected municipal and

county governments and state agencies; and (D) perform transportation

modeling, regional emissions analyses and documentation of timely

implementation of TCMs needed for conformity assessments. CDOT

may also conduct air quality modeling pursuant to a conformity

determination.

III.A.3.f

r use in air quality analysis to determine

conformity of projects in consultation with the affected municipal and

county governments and state agencies; and (D) perform transportation

modeling, regional emissions analyses and documentation of timely

implementation of TCMs needed for conformity assessments. CDOT

may also conduct air quality modeling pursuant to a conformity

determination.

III.A.3.f. The Commission shall be responsible for promulgating revisions to the

SIP and for determining whether a regional conformity determination

should be appealed to the Governor.

III.B.

Establishing a Forum for Regional Conformity Consultation

III.B.1. Minimum Consultation Requirements.

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III.B.1.a.

The MPO shall establish and maintain a forum, herein referred to

as the review team, for regular consultation. The MPO may establish a

committee, or use existing committees, to perform the tasks assigned to

the review team, provided the agencies identified in

SubparagraphIII.B.1.b., below, have an opportunity to participate.

Conference calls or written correspondence may be used to hold the

meetings required by this rule upon the concurrence of the Division and

any affected LPA. The review team shall comply with the minimum

requirements set out in paragraph c. below, except that, outside of metro

planning areas, CDOT shall perform the functions assigned to the MPO.

III.B.1.b.

The review team shall consist, at a minimum, of the MPO as lead

agency, the local transit agency, the Division, CDOT, and the LPA. In

addition, the review team shall include EPA, FHWA and the FTA for the

topics identified in Subsection C.1. The agencies on the review team

may appoint individual staff members, of any organizational level, to

participate in the review team.

III.B.1.c.

The review team established pursuant to paragraphs a. and b

of the MPO as lead

agency, the local transit agency, the Division, CDOT, and the LPA. In

addition, the review team shall include EPA, FHWA and the FTA for the

topics identified in Subsection C.1. The agencies on the review team

may appoint individual staff members, of any organizational level, to

participate in the review team.

III.B.1.c.

The review team established pursuant to paragraphs a. and b.

shall comply with the following minimum requirements:

III.B.1.c.(1)

The MPO consultation process shall begin early enough

for the review team to adequately review and provide meaningful

input on draft transportation plans, TIPs and conformity

determinations, including supporting documents.

III.B.1.c.(2)

A schedule of meetings or a process for providing

adequate notice of subsequent meetings shall be developed as

part of the consultation process. The schedule of meetings shall

be frequent enough to address all significant issues in a timely

fashion.

III.B.1.c.(3)

The MPO shall establish an agenda for each meeting,

and shall include in such agenda any issue or item upon the

request of any member.

III.B.1.c.(4)

Any member may, at any time, request a meeting

through the consultation process. Upon such a request, the MPO

should schedule a meeting as soon as practicable.

III.B.1.c.(5)

The MPO shall respond in written form to written

comments received from any of the members of the review team

copying all review team members.

III.C.

Topics for Consultation

III.C.1. The review team shall address the following topics in the manner provided.

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MPO

should schedule a meeting as soon as practicable.

III.B.1.c.(5)

The MPO shall respond in written form to written

comments received from any of the members of the review team

copying all review team members.

III.C.

Topics for Consultation

III.C.1. The review team shall address the following topics in the manner provided.

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III.C.1.a.

Evaluating and choosing a model (or models) and associated

methods and assumptions to be used in regional emissions analyses.

The MPO shall be responsible for selecting the transportation modeling

procedures to be used within its modeling domain. The Division shall be

responsible for selecting the emissions or air quality modeling procedures used

for performing regional emissions analyses for conformity determinations and for

SIP revisions.

III.C.1.b.

Determining which minor arterials and other transportation

projects should be considered “regionally significant” for the purposes of

regional emissions analysis (in addition to those functionally classified as

principal arterial or higher or fixed guideway systems or extensions that

offer an alternative to regional highway travel), and which projects should

be considered to have a significant change in design concept and scope

from the transportation plan or TIP.

III.C.1.b.(1)

The review team shall review the transportation network

and identify minor arterials that serve regional transportation

needs.

III.C.1.b.(2)

Review the transportation projects disclosed to the MPO

pursuant to Section III.E., and all transportation projects

otherwise known to the members that may be regionally

significant projects, and identify as regionally significant those

projects that are on a facility which serves regional transportation

needs and that would normally be included in the modeling of the

metropolitan area's transportation network

ansportation projects disclosed to the MPO

pursuant to Section III.E., and all transportation projects

otherwise known to the members that may be regionally

significant projects, and identify as regionally significant those

projects that are on a facility which serves regional transportation

needs and that would normally be included in the modeling of the

metropolitan area's transportation network.

III.C.1.b.(3)

Identify any significant changes in design concept and

scope of any project from the transportation plan, TIP, or

regional emissions analysis supporting the conformity

determination for a conforming TIP, upon the request of any

participant in the consultation process, or any recipient of funds

designated under Title 23 or the Federal Transit Act with

authority to adopt or approve of the subject regionally significant

project.

III.C.1.c.

Evaluating whether projects otherwise exempted from meeting

the requirements of this subpart (see 40 CFR Sections 93.126 and

93.127) should be treated as non-exempt in cases where potential

emissions impacts may exist for any reason.

III.C.1.c.(1)

At the request of any participant in the consultation

process, the review team shall determine whether projects

otherwise exempt from meeting the requirements of this subpart

should be treated as non-exempt in cases where potential

emissions impacts may exist for any reason.

III.C.1.c.(2)

For each non-attainment area that is outside of a

metropolitan planning area, CDOT shall consult with the review

team to identify categories of exempt projects that should be

treated as non-exempt for such area.

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hould be treated as non-exempt in cases where potential

emissions impacts may exist for any reason.

III.C.1.c.(2)

For each non-attainment area that is outside of a

metropolitan planning area, CDOT shall consult with the review

team to identify categories of exempt projects that should be

treated as non-exempt for such area.

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III.C.1.d.

Making a determination, as required by 40 CFR Section

93.113(c)(1), whether past obstacles to TCM implementation 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.

III.C.1.d.(1)

The LPA and the Division shall provide the MPO with

information necessary to develop a list of the TCMs The LPA

may also request that the MPO, CDOT, the public transit agency,

or any other agency responsible for implementing a TCM

reaffirm its commitment to implement a TCM pursuant to the

schedule established in the SIP.

III.C.1.d.(2)

The MPO, after consultation with the review team, shall

determine whether obstacles to implementation of TCMs have

been identified and are being overcome, and whether State and

local agencies are giving maximum priority to approval or funding

for TCMs. For each such determination, the MPO shall identify

the past obstacles, the steps taken to overcome them, the State

and local agencies with influence over approvals or funding, the

basis for finding that such agencies are giving maximum priority

to such approval or funding, and a revised schedule for the

implementation of the TCM.

III.C.1.d.(3)

The MPO shall report any situation in which it

determines that obstacles to implementing a TCM are not being

overcome, or that State and local agencies with influence over

approvals or funding are not giving maximum priority to approval

or funding for TCMs. The report shall be provided to the agency

sponsoring the TCM, the Division, the Commission and the

Governor

ntation of the TCM.

III.C.1.d.(3)

The MPO shall report any situation in which it

determines that obstacles to implementing a TCM are not being

overcome, or that State and local agencies with influence over

approvals or funding are not giving maximum priority to approval

or funding for TCMs. The report shall be provided to the agency

sponsoring the TCM, the Division, the Commission and the

Governor. The Commission may schedule the matter for a

hearing regarding enforcement, and/or replacement of TCMs.

III.C.1.e. Notification of transportation plan or TIP revisions or amendments,

which merely add or delete exempt projects listed in 40 CFR Section

93.126 or 93.127.

The MPO shall provide notice through the normal planning process , prior to

consideration of any proposed amendment that adds or deletes exempt projects

listed in 40 CFR Section 93.126 or 93.127 to or from the transportation plan or

TIP.

III.C.1.f. Process for providing final documents and supporting information to

each agency after approval or adoption.

The MPO shall make available final TIPs and transportation plans to participants

in the consultation process.

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III.C.1.g. Choosing conformity tests and methodologies for isolated rural

nonattainment areas, as required by 40 CFR Section 93.109(g).

The Division and CDOT shall choose, in consultation with the members of the

review team, the requirements and methodologies to be used to comply with 40

CFR Section 93.109. If the Division and CDOT cannot agree, the issue shall be

referred to the Commission for review at a public meeting pursuant to Section

III.H. The Commission may escalate the matter to the Governor as provided in

Section III.H.

III.C.2. The review team shall address the following topics in the manner provided.

Outside of the metropolitan planning areas, CDOT shall perform the tasks

assigned to the MPO, excepting conformity determination tasks that it contracts

out to other entities.

III.C.2.a

t a public meeting pursuant to Section

III.H. The Commission may escalate the matter to the Governor as provided in

Section III.H.

III.C.2. The review team shall address the following topics in the manner provided.

Outside of the metropolitan planning areas, CDOT shall perform the tasks

assigned to the MPO, excepting conformity determination tasks that it contracts

out to other entities.

III.C.2.a.

Evaluating events which will trigger new conformity

determinations in addition to those triggering events established in 40

CFR 93.104.

III.C.2.a.(1)

The MPO may identify events that would trigger new

conformity determinations in addition to those triggering events

established in 40 CFR Section 93.104, and the pollutant specific

SIPs. Alternatively, the Commission may promulgate regulations

or revise the SIP in a manner that would trigger a new conformity

determination.

III.C.2.a.(2)

The MPO will consult with the review team to evaluate

whether events that may trigger a new conformity determination

pursuant to 40 CFR Section 93.104 or a pollutant specific SIP

have occurred.

III.C.2.b.

Consulting on emissions analysis for transportation activities that

cross the borders of MPOs or nonattainment areas or basins.

In the event that contiguous MPOs are created within the state, the affected

MPOs shall, in consultation with the participants in the consultation process,

establish a consultation procedure for consulting on emissions analyses for

transportation activities that cross the borders of MPOs or nonattainment areas

or air basins.

III.C.2.c.

Determining conformity of projects outside the metropolitan area

and within the nonattainment or maintenance area

n the state, the affected

MPOs shall, in consultation with the participants in the consultation process,

establish a consultation procedure for consulting on emissions analyses for

transportation activities that cross the borders of MPOs or nonattainment areas

or air basins.

III.C.2.c.

Determining conformity of projects outside the metropolitan area

and within the nonattainment or maintenance area.

In the event that a nonattainment or maintenance area is created in the state that

includes a metropolitan planning area or areas, but such metropolitan planning

area(s) does not include the entire nonattainment or maintenance area, the

affected MPOs, in consultation with the participants in the consultation process,

shall establish a procedure for consulting on emissions analyses for

transportation activities that cross the borders of MPOs or nonattainment areas

or air basins.

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III.C.2.d.

Process for consulting on the design, schedule, and funding of

research and data collection efforts and regional transportation model

development by the MPO.

The MPO, in consultation with the review team shall determine the design,

schedule and funding of significant research and data collection efforts and

regional transportation model development.

III.C.3. Hot Spot Analysis: (1) Evaluating and choosing a model (or models) and

associated methods and assumptions to be used in hot-spot modeling; and (2)

identifying, as required by 40 CFR Section 93.123(b), projects located at sites in

nonattainment or maintenance areas that have vehicle and roadway emission

and dispersion characteristics essentially identical to those at sites where

violations have been verified by monitoring, and therefore require quantitative

pollutant hot-spot analysis. CDOT, the APCD, USEPA, and USDOT will:

III.C.3.a.

Determine which types of projects should be evaluated for

localized hot spots

at sites in

nonattainment or maintenance areas that have vehicle and roadway emission

and dispersion characteristics essentially identical to those at sites where

violations have been verified by monitoring, and therefore require quantitative

pollutant hot-spot analysis. CDOT, the APCD, USEPA, and USDOT will:

III.C.3.a.

Determine which types of projects should be evaluated for

localized hot spots. CDOT, subject to concurrence by the Division, shall

identify the projects or categories of projects that shall be evaluated for

potential hot spots.

III.C.3.b.

Evaluate and choose a model (or models) and associated

methods and assumptions to be used in hot-spot analyses. CDOT shall

be responsible for selecting the hot spot model to be used for conformity

determinations.

III.D.

Process for assuming the location and design concept and scope of projects disclosed to

the MPO as required by paragraph (E) of this section in cases where sponsors have not

yet decided these features in sufficient detail to perform the regional emissions analysis

according to the requirements of 40 CFR Section 93.122.

III.D.1. The MPO shall contact the sponsor of any project disclosed to the MPO pursuant

to Section III.E., but whose sponsors have not yet decided these features in

sufficient detail to perform the regional emissions analysis according to the

requirements of 40 CFR Section 93.122, and shall request that such sponsor

develop the location and design concept and scope of the project for the purpose

of including the project in the regional emissions analysis.

III.D.2. If the sponsor is unwilling or unable to provide these features to the MPO in a

timely fashion, the MPO shall propose reasonable assumptions about such

features, and shall provide CDOT, the Division, the LPA, the project sponsor, and

any recipient of funds designated under Title 23 U.S.C. or the Federal Transit Act

that has the authority to adopt or approve of the project, with a written description

of the proposed assumptions

unable to provide these features to the MPO in a

timely fashion, the MPO shall propose reasonable assumptions about such

features, and shall provide CDOT, the Division, the LPA, the project sponsor, and

any recipient of funds designated under Title 23 U.S.C. or the Federal Transit Act

that has the authority to adopt or approve of the project, with a written description

of the proposed assumptions. Following consultation with such agencies the

MPO shall make assumptions about the location and design concept and scope

of the project that are reasonably calculated to estimate the emissions

associated with such project. Such assumptions shall be based on the

information and comments about the project received by the MPO.

III.E.

Process to ensure that plans for construction of regionally significant projects that are not

FHWA/FTA projects (including projects for which alternative locations, design concept

and scope, or the no-build options are still being considered), including those by

recipients of funds designated under Title 23 U.S.C. or the Federal Transit Act, are

disclosed on a regular basis, and that any changes to such plans are immediately

disclosed.

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III.E.1. Prior to conducting a conformity analysis, the MPO shall ensure that CDOT and

each municipality, county and public transit agency within the metropolitan

planning area, and each agency with approval authority for transportation

projects , is notified of the requirement to include regionally-significant projects,

and changes to plans for such projects, in the regional emissions analysis.

III.F.

Consultation procedures for development of State Implementation Plans.

III.F.1. Minimum Consultation Requirements - SIP development and revision.

In each nonattainment or maintenance area, the LPA or the Division shall establish and

maintain a review team for regular consultation to ensure that the transportation

community is involved in the development of the implementation plans

analysis.

III.F.

Consultation procedures for development of State Implementation Plans.

III.F.1. Minimum Consultation Requirements - SIP development and revision.

In each nonattainment or maintenance area, the LPA or the Division shall establish and

maintain a review team for regular consultation to ensure that the transportation

community is involved in the development of the implementation plans. Such review team

shall also be established to develop and review any SIP revision that includes a new or

revised mobile source emissions budget, or that requires a new or revised attainment or

maintenance demonstration. The review team may be part of a larger consultation

procedure established by the LPA or Division to include all sectors of the community (in

addition to the transportation community). The consultation procedure shall comply with

the minimum requirements listed below. If the review team is established by the Division,

the Division shall perform the tasks assigned to the LPA.

III.F.1.a.

The review team shall consist of representatives of the MPO, the

Division, CDOT, the EPA, FHWA, FTA, and the public transit agency.

III.F.1.b.

The LPA shall begin consultation meetings early enough in the

process for review team members to adequately review the modeling

used to support the SIP, and to review the proposed control measures.

The LPA must provide an opportunity to review copies of the draft

implementation plan, including supporting documents, to the other

members of the review team, and shall provide at least thirty days for the

submission of comments on the draft SIP prior to adoption by the LPA.

III.F.1.c.

A schedule of meetings or a process for providing adequate

notice of subsequent meetings shall be developed as part of the

consultation process. The schedule of meetings shall be frequent

enough to address all significant issues in a timely fashion.

III.F.1.d.

The LPA shall establish an agenda for each meeting, and shall

include in such agenda any issue or item upon the request of any

participant

A schedule of meetings or a process for providing adequate

notice of subsequent meetings shall be developed as part of the

consultation process. The schedule of meetings shall be frequent

enough to address all significant issues in a timely fashion.

III.F.1.d.

The LPA shall establish an agenda for each meeting, and shall

include in such agenda any issue or item upon the request of any

participant.

III.F.1.e.

Any member may, at any time, request a meeting to consult with

the LPA and the other participants. Upon such a request the LPA should

schedule a meeting as soon as practicable.

III.F.1.f. The LPA shall respond in written form to written comments received from

any of the participants.

III.F.1.g.

SIPs and SIP revisions proposed by the LPA shall be subject to

final approval by the Commission following a public hearing. The Division

shall provide final copies of any SIP or SIP revision to the MPO, CDOT,

the LPA, the public transit agency, the EPA, the FHWA, and FTA.

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III.F.2. The LPA shall submit a list of TCMs included in the proposed SIP to the MPO,

CDOT and each affected local agency or other sponsoring agency at least thirty

days prior to approval of the SIP or SIP revision by the governing board of the

LPA.

III.F.3. The SIP development procedures set out in this Section III.F. shall be in addition

to any other rules or regulations applicable to SIP development or SIP revisions.

Nothing in this Section III.F. shall be construed to supersede, alter or amend

such other rules, or to incorporate such other requirements into the SIP.

III.G.

Agreements further describing consultation procedures.

III.G.1. The Division may enter into written agreements with the members of the review

team to clarify and further develop the procedures for conformity determinations

described in this Section III. The Division may also enter into written agreements

with the LPA and members of the committee established pursuant to Section

III.F

he SIP.

III.G.

Agreements further describing consultation procedures.

III.G.1. The Division may enter into written agreements with the members of the review

team to clarify and further develop the procedures for conformity determinations

described in this Section III. The Division may also enter into written agreements

with the LPA and members of the committee established pursuant to Section

III.F. to further clarify or develop the SIP development procedures. The members

of the review team may, by mutual agreement, delegate the tasks assigned to

them under this rule to other members. Any member of the review team

delegating a task shall conduct reasonable oversight of the delegated task as

necessary to ensure proper performance.

III.G.2. Nothing in this regulation shall be construed to relieve the parties of the

obligations set out in agreements entered into prior to the effective date of this

rule, except to the extent that the provisions of such agreements are inconsistent

with this rule. The Commission and Division shall continue membership on any

MPO committee or council as provided in any such agreements.

III.H.

Review of Conformity Determinations by the public, the Air Quality Control Commission,

and resolution of conflicts.

III.H.1. Per, 40 CFR Section 93.105(e), agencies making conformity determinations—

i.e., MPO’s or CDOT--must provide for public review and comment prior to

adopting new or amended transportation plans-and programs.

III.H.1.a.

Agencies making conformity determinations must provide

reasonable public access to relevant documents, consistent with 23 CFR

Section 450.316(a). Any charges imposed for public inspection or

copying of documents would be consistent with USDOT regulations at 49

CFR Section 7.43.

III.H.1.b.

Agencies making conformity determinations must specifically

address in writing any public comments asserting that a regionally

significant project is not reflected in the emissions analysis supporting a

positive conformity finding.

III.H.1.c

on 450.316(a). Any charges imposed for public inspection or

copying of documents would be consistent with USDOT regulations at 49

CFR Section 7.43.

III.H.1.b.

Agencies making conformity determinations must specifically

address in writing any public comments asserting that a regionally

significant project is not reflected in the emissions analysis supporting a

positive conformity finding.

III.H.1.c.

Agencies making conformity determinations shall provide

opportunity for public involvement in conformity determinations for

projects where otherwise required by law.

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III.H.2. The Division shall make a finding regarding which Conformity Determinations are

routine, per the definition set forth in this regulation. Routine Conformity

Determinations regarding a TIP or Plan shall be reviewed by the Division. For

instances in which the Division agrees that a positive Conformity Determination

has been made, it shall provide notice of concurrence with those determinations.

The Division shall make the determination regarding whether a Conformity

Determination is routine. If a Conformity Determination is non-routine, it shall be

brought before the Commission for its review and possible concurrence. The

Commission intends to conduct public meetings to review non-routine conformity

determinations in accordance with the applicable provisions of the Air Quality

Control Commission Procedural Rules, and reserves the right to schedule such

meetings as permitted by the Commission’s schedule and as necessary to

comply with such procedural rules. However, this paragraph shall not be

construed to incorporate such procedural rules into the SIP. No violation of such

procedural rules shall be construed as a violation of the SIP, except where such

procedural rules otherwise has been incorporated into the SIP.

III.H.3

right to schedule such

meetings as permitted by the Commission’s schedule and as necessary to

comply with such procedural rules. However, this paragraph shall not be

construed to incorporate such procedural rules into the SIP. No violation of such

procedural rules shall be construed as a violation of the SIP, except where such

procedural rules otherwise has been incorporated into the SIP.

III.H.3. Upon request of any member of the review team, a conformity determination on

an FHWA project located outside of a metropolitan planning area shall be

presented to the Commission prior to submittal to FHWA if there is a conflict that

cannot be resolved by the review team. The request for such review must be filed

as soon as practicable and shall not be filed any later than the first regularly

scheduled Commission meeting following the final conformity determination.

III.H.4. In accordance with 40 CFR Section 93.105(d), conflicts among State agencies or

between State agencies and an MPO may be escalated to the Governor. Such

conflicts would render a Conformity Determination non-routine and subject to

review by the AQCC. The fourteen calendar-days in which to appeal a conflict to

the Governor shall commence upon review of a conformity determination by the

Commission pursuant to this Subsection H., except as provided below at

Sections (a) and (b). If the State appeals to the Governor, the final conformity

determination must have the concurrence of the Governor. If the Commission

does not appeal to the Governor within 14 days, or as provided below at Sections

l a conflict to

the Governor shall commence upon review of a conformity determination by the

Commission pursuant to this Subsection H., except as provided below at

Sections (a) and (b). If the State appeals to the Governor, the final conformity

determination must have the concurrence of the Governor. If the Commission

does not appeal to the Governor within 14 days, or as provided below at Sections

(a) and (b), the MPO or CDOT may proceed with the final conformity

determination.

III.H.4.a.

The Commission may extend the beginning of the time to

escalate a conflict to the next regularly scheduled Commission meeting if

the entity making the conformity determination amends such

determination during the fourteen-day period preceding the Commission

meeting.

III.H.4.b.

Upon the agreement and concurrence of the entity making the

conformity determination, the Commission may extend the beginning of

the time to escalate a conflict as necessary to accommodate further

consultation among the agencies.

III.H.4.c.

For purposes of project level conformity determinations in

isolated rural nonattainment and maintenance areas, a “final conformity

determination” shall be taken to mean CDOT's completed conformity

analysis and recommended finding of conformity to FHWA.

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IV.

Emission reduction credit for certain control measures.

IV.A.

Pursuant to 40 CFR Section 93.122(a)(4), emissions reduction credit from

implementation plan control measures that are not included in the transportation plan and

TIP and that do not require a regulatory action in order to be implemented may not be

included in the emissions analysis unless the conformity determination includes written

commitments to implementation from the appropriate entities.

IV.B

rsuant to 40 CFR Section 93.122(a)(4), emissions reduction credit from

implementation plan control measures that are not included in the transportation plan and

TIP and that do not require a regulatory action in order to be implemented may not be

included in the emissions analysis unless the conformity determination includes written

commitments to implementation from the appropriate entities.

IV.B.

Any entity making a written commitment to perform a control measure not included in the

transportation plan or TIP shall fulfill such written commitment if the control measure is

used for emissions reduction credit in a regional emissions analysis.

V.

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

V.A.

Pursuant to 40 CFR Section 93.125 (c), where project-level mitigation is conditional to a

positive conformity determination, written commitments to such mitigation measures must

be obtained. Project sponsors shall comply with these commitments.

VI.

Statements of Basis, Specific Statutory Authority, and Purpose

VI.A.

Amendments Adopted October 15, 1998

The change to Regulation Number 10, “Criteria for Analysis of Conformity,” Part B,

“Transportation Conformity” will establish criteria and procedures for making conformity

determinations on transportation plans, transportation improvement programs (TIPs), FHWA/FTA

projects, and consultation procedures for major revisions to the State Implementation Plan (SIP).

Federal Requirements

Pursuant to 40 CFR Section 51.390, Colorado must submit to the EPA and the U.S. Department

of Transportation (DOT), a revision to the SIP to establish criteria and procedures for DOT,

metropolitan planning organizations (MPOs), and state and local transportation and air quality

agencies to assess the conformity of transportation plans, programs, and projects, consistent with

the requirements of 40 CFR, Part 93, Subpart A

on 51.390, Colorado must submit to the EPA and the U.S. Department

of Transportation (DOT), a revision to the SIP to establish criteria and procedures for DOT,

metropolitan planning organizations (MPOs), and state and local transportation and air quality

agencies to assess the conformity of transportation plans, programs, and projects, consistent with

the requirements of 40 CFR, Part 93, Subpart A.

The states may incorporate the substantive criteria for making conformity determinations set out

in the federal rule, into the state rule by reference. The rule adopted by the Commission takes

advantage of this opportunity and incorporates the criteria in 40 CFR Part 93, Subpart A by

reference.

The federal rule also requires the states to develop procedures for interagency consultation on

transportation conformity determinations, and for SIP revisions. The federal rule establishes

minimum requirements for such consultation procedures, but does not actually establish any

procedures. Pursuant to 40 CFR Section 51.390 and 93.105, the states must develop and adopt

such procedures, and submit the procedures to EPA for inclusion in the SIP. The rule adopted by

the Commission establishes procedures for interagency consultation, and addresses each of the

topics required by 40 CFR Section 93.105. The consultation procedure established in the rule is

intended to create a meaningful interagency consultation process that complies with the federal

requirements, but that provides the flexibility necessary to meet the needs of the Colorado

Department of Transportation and the various MPOs in the State. The interagency consultation

requirements track the minimum federal requirements, and are not otherwise more stringent than

the federal requirements.

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es with the federal

requirements, but that provides the flexibility necessary to meet the needs of the Colorado

Department of Transportation and the various MPOs in the State. The interagency consultation

requirements track the minimum federal requirements, and are not otherwise more stringent than

the federal requirements.

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The only provision in the rule that differs from the federal rule is the definition of the term

“regionally significant project” contained in the state rule. The state rule includes a definition

applicable to rural nonattainment areas that do not conduct modeling of the area’s transportation

network. The federal rule appears to assume that all nonattainment areas conduct such

modeling. The specific definition in the rule for rural areas is necessary to reconcile the federal

rule with the general practice in rural nonattainment areas, but is not more stringent than federal

requirements.

Contested Issues

One MPO urged the Commission to adopt a rule requiring a public meeting to be held prior to

final action by the MPO. The rule is written to allow flexibility, so that MPOs have the option of

coming to the Commission either before or after their governing board takes final action on the

conformity determination. However, the Commission strongly encourages the MPOs to submit a

draft conformity determination to the AQCC for comment, so that the MPO can take the

Commission’s comments into account as early in the process as possible.

Statutory Authority

The transportation conformity rule is adopted under the Commission’s general authority to adopt

a SIP under Section 25-7-105(1), C.R.S. (1997).

Findings pursuant to Section 25-7-110.8

The portion of the rule incorporating the federal criteria for making conformity determinations is

exempt from the requirements of Section 25-7-110.8, C.R.S. (1997)

rly in the process as possible.

Statutory Authority

The transportation conformity rule is adopted under the Commission’s general authority to adopt

a SIP under Section 25-7-105(1), C.R.S. (1997).

Findings pursuant to Section 25-7-110.8

The portion of the rule incorporating the federal criteria for making conformity determinations is

exempt from the requirements of Section 25-7-110.8, C.R.S. (1997). The consultation

requirements are administrative in nature, and are exempt from the requirements of Section 25-7-

110.8(1)(b), C.R.S. The interagency consultation requirements establish a procedure for ensuring

that the federal, state and local air quality agencies charged with protecting human health and the

environment are consulted during the transportation conformity process. In this way, the rule will

bring about reductions in risks to human health or the environment that will justify the cost of

implementation of the rule. The rule adopted by the Commission complies with the minimum

federal requirements and maximizes the air quality benefits of the regulation in the most cost-

effective manner. No other party proposed any alternative rule that would accomplish this result in

a more cost-effective manner.

VI.B.

Amendments Adopted November 20, 2008

Transportation Conformity Update

Background

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements

of the Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution

Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis and Purpose

These revisions to “Part B, “Transportation Conformity,” update the Regulation to incorporate by

reference revisions to the federal rule, and to recognize Colorado-specific practices.

The incorporations by reference adopt revisions to federal conformity regulations adopted by the

EPA since 1997. Most of these revisions have streamlined processes and relaxed requirements.

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ormity,” update the Regulation to incorporate by

reference revisions to the federal rule, and to recognize Colorado-specific practices.

The incorporations by reference adopt revisions to federal conformity regulations adopted by the

EPA since 1997. Most of these revisions have streamlined processes and relaxed requirements.

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The revisions add language that addresses 40 CFR Section 93.122(a)(4)(ii) regarding obtaining

and ensuring the fulfillment of written commitments to SIP control measures needed to achieve or

maintain national ambient air quality standards that are not included in transportation plans or

programs. These revisions also add language that addresses Section 93.125(c) regarding

obtaining and ensuring the fulfillment of written commitments to transportation project mitigation

measures. These are not new federal provisions, but they are newly required to be “addressed,”

i.e., made explicit in state conformity implementation plans.

These revisions also make non-substantive changes including correcting citations, clarifying

language, and striking of unnecessary or confusing language.

Federal Requirements

Pursuant to 40 CFR Section 51.390, Colorado must submit to the EPA and the U.S. Department

of Transportation (DOT), a revision to the SIP to establish criteria and procedures for DOT,

metropolitan planning organizations (MPOs), and state and local transportation and air quality

agencies to assess the conformity of transportation plans, programs, and projects, consistent with

the requirements of 40 CFR, Part 93, Subpart A. The states may incorporate the substantive

criteria for making conformity determinations set out in the federal rule, into the state rule by

reference. The rule adopted by the Commission takes advantage of this opportunity and

incorporates the criteria in 40 CFR Part 93, Subpart A by reference

sportation plans, programs, and projects, consistent with

the requirements of 40 CFR, Part 93, Subpart A. The states may incorporate the substantive

criteria for making conformity determinations set out in the federal rule, into the state rule by

reference. The rule adopted by the Commission takes advantage of this opportunity and

incorporates the criteria in 40 CFR Part 93, Subpart A by reference.

The federal rule also requires the states to develop procedures for interagency consultation on

transportation conformity determinations, and for SIP revisions. The federal rule establishes

minimum requirements for such consultation procedures, and requires States to establish these

consultation procedures, including consultation with the public and conflict resolution at 40 CFR,

Sections 93.105 (c) and (d). Pursuant to 40 CFR Sections 51.390 and 93.105, the states must

develop and adopt such procedures, and submit the procedures to EPA for inclusion in the SIP.

Pursuant to 40 CFR Sections 93.122(a)(4)(ii) and 93.125(c), States must also address the

obtainment and enforceability of written commitments to SIP control measures not included in

transportation plan as well as transportation project mitigation measures.

Statutory Authority

This transportation conformity rule is adopted under the Commission’s general authority to adopt

a SIP under Section 25-7-105(1), C.R.S. (1997).

Findings pursuant to Section 25-7-110.8

The portion of the rule incorporating the federal criteria for making conformity determinations is

exempt from the requirements of Section 25-7-110.8, C.R.S. (1997). The revisions addressing

public consultation, conflict resolution, written commitments to SIP control measures not

contained in transportation plans and project-level mitigation conditional to a conformity

determination track the requirements in federal rules and are mandated by federal law. These

revisions provide for written commitment to incorporate mitigation measures into project design

for transportation projects

ng

public consultation, conflict resolution, written commitments to SIP control measures not

contained in transportation plans and project-level mitigation conditional to a conformity

determination track the requirements in federal rules and are mandated by federal law. These

revisions provide for written commitment to incorporate mitigation measures into project design

for transportation projects. Mitigation measures are frequently necessary to reduce localized

emissions associated with transportation project construction, but rarely relied upon for conformity

determinations. Where such commitments are necessary for a positive conformity determination,

they must be enforced so as to reduce risks to human health or the environment, which justifies

the cost of implementation of the rule. The rule adopted by the Commission complies with the

minimum federal requirements and maximizes the air quality benefits of the regulation in the most

cost-effective manner. No other party proposed any alternative rule that would accomplish this

result in a more cost-effective manner.

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VI.C.

Amendments Adopted December 15, 2011

Basis and Purpose

The purpose of these amendments is to streamline the transportation conformity process by

allowing the Colorado Air Pollution Control Division to provide concurrence with routine

transportation conformity determinations without the need for a public hearing before the

Colorado Air Quality Control Commission. This change to the conformity process is allowed for

under federal law and will reduce the burden on the AQCC, the Division and transportation

planning organizations, while ensuring that air quality requirements are met. In addition, the

amendments include a number of clarifying provisions that will help facilitate the implementation

of the regulation

e the

Colorado Air Quality Control Commission. This change to the conformity process is allowed for

under federal law and will reduce the burden on the AQCC, the Division and transportation

planning organizations, while ensuring that air quality requirements are met. In addition, the

amendments include a number of clarifying provisions that will help facilitate the implementation

of the regulation. In addition to streamlining the transportation conformity process, these

amendments include a number of housekeeping changes made at the request of EPA, including

removing incorporations by reference to federal general conformity regulations. Inclusion of these

requirements in Regulation Number 10, and the State Implementation Plan is not required and is

unnecessary to the general conformity process.

Specific Statutory Authority

The Commission promulgates these regulatory changes pursuant to its authority under Section

25-7-105(1)(a)(I), C.R.S. to adopt a comprehensive state implementation plan that meets the

requirements of the federal Clean Air Act.

Findings Pursuant to Section 25-7-110.8

The revisions to Regulation Number 10 are administrative in nature and are not intended to

reduce air pollution. Rather, the revisions are intended to streamline the transportation conformity

process and clarify existing requirements, while maintaining the air quality benefits of the existing

rule. Accordingly, the requirements of Section 25-7-110.8, C.R.S. do not apply to this rulemaking.

VI.D.

Adopted: February 18, 2016

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements

of the Colorado Administrative Procedure Act Sections 24-4-103, C.R.S. and the Colorado Air

Pollution Prevention and Control Act Sections 25-7-110 and 25-7-110.5, C.R.S. (“the Act”), and

the Air Quality Control Commission’s (“Commission”) Procedural Rules

is rulemaking.

VI.D.

Adopted: February 18, 2016

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements

of the Colorado Administrative Procedure Act Sections 24-4-103, C.R.S. and the Colorado Air

Pollution Prevention and Control Act Sections 25-7-110 and 25-7-110.5, C.R.S. (“the Act”), and

the Air Quality Control Commission’s (“Commission”) Procedural Rules.

Basis

The Commission revised the definition of “routine conformity determination” to grant the Colorado

Air Pollution Control Division (“Division”) the authority to provide concurrence with a wider range

of transportation conformity determinations thus streamlining the conformity process.

Specific Statutory Authority

The purpose of Regulation Number 10 is to fulfill the requirement in 40 CFR 51.390(b) to

establish a SIP revision that addresses the provisions of Sections 40 CFR 93.105(a) through (e),

40 CFR 93.122(a)(4)(ii), and 40 CFR 93.125(c) of the federal transportation conformity rule (see

40 CFR Part 93, Subpart A). The Colorado Air Pollution and Control Act, Section 25-7-

105(1)(a)(I), authorizes the Commission to adopt a comprehensive state implementation plan that

meets the requirements of the federal Clean Air Act and Section 25-7-106(3) authorizes the

Commission to adopt regulations governing procedures before the Commission.

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Purpose

The purpose of this amendment is to streamline the transportation conformity process by allowing

the Division to provide concurrence with a wider range of routine transportation conformity

determinations without the need for a public hearing before the Commission. This change to the

routine conformity determination definition will reduce the burden on the Commission, the Division

and transportation planning organizations, while ensuring that air quality requirements are met

rocess by allowing

the Division to provide concurrence with a wider range of routine transportation conformity

determinations without the need for a public hearing before the Commission. This change to the

routine conformity determination definition will reduce the burden on the Commission, the Division

and transportation planning organizations, while ensuring that air quality requirements are met.

Findings of Fact

The revisions to Regulation Number 10 are administrative in nature and are not intended to

reduce air pollution. Rather, the revisions are intended to streamline the transportation conformity

process while maintaining the air quality benefits of the existing rule. Accordingly, the

requirements of § 25-7-110.8, C.R.S. do not apply to this rulemaking.

Further, the Commission corrected any typographical, grammatical and formatting errors found

within the regulation.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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