VDOT
TRANSPORTATION/AIR QUALITY
CONFORMITY PROCESS
STANDARD OPERATING
PROCEDURES
JUNE 2004
TABLE OF CONTENTS
1. Purpose
2. Authority
3. Frequency
4. Application and Responsibility
4.1 VDOT Environmental Division
4.2 VDOT Transportation and Mobility Planning Division
4.3 Virginia Department of Environmental Quality
4.4 Virginia Department of Rail and Public Transportation
4.5 Federal Highway Administration
4.6 U S Environmental Protection Agency
4.7 Metropolitan Planning Organization/Planning District Commission
4.8 Transit/Transportation Demand Management Organization
5. Required Procedures
5.1 Conformity Triggers
5.2 Project List
5.3 Latest Planning Assumptions
5.4 Modeling
5.5Conformity Report
5.6 Federal Review and Approval
6. Locally Administered Projects
7. Appendices
A. Interagency Consultation Group for Hampton Roads Ozone
Ozone Maintenance Area
B Interagency Consultation Group for the Richmond Ozone
Maintenance Area
C Conformity Project List
D. Latest Planning Assumptions
E. List of Acronyms
F. Checklist for the Conformity Demonstration Process
G. Conformity Process Flowchart
1. Purpose
The Standard Operating Procedures (hereafter, the SOP) for conformity are mandatory. They prescribe the minimum requirements for compliance with the Transportation Conformity Rule (hereafter, the Rule) and the Interagency Consultation Procedures adopted by Virginia Department of Transportation (VDOT) and the Metropolitan Planning Organizations in Virginia’s ozone non-attainment and maintenance areas, except for the Metropolitan Washington ozone non-attainment area. Due to the interstate nature of the issues, the conformity process in the Washington Metropolitan Area is carried out by the Metropolitan Washington Council of Governments and is, therefore, excluded from this SOP.
2. Authority
The SOP is prepared pursuant to the requirements of the Conformity Rule published in 40 CFR Parts 51 and 93 and to the interagency consultation procedures adopted in July 2001.
3. Frequency
A conformity determination must be made every three (3) years for the CLRTP and every two (2) years for the TIP or when conformity triggers occur as shown in Section 5.1 of this SOP.
4. Application and Responsibilities
The SOP applies to Virginia’s ozone non-attainment and maintenance areas except for the Metropolitan Washington ozone non-attainment area.
4.1 VDOT Environmental Division
The conformity staff in the Environmental Division is responsible for the following:
§ Participate in the interagency consultation process
§ Post process speeds as necessary
§ Develop and maintain emissions input factors including vehicle registration data and VMT fractions
§ Conduct the emissions analysis including generation of emission factors
§ Conduct off-network emissions analysis
§ Prepare and transmit the conformity report to review agencies
§ Develop and apply Quality Assurance and Quality Control procedures to emissions analysis, report preparation and processing
§ Monitor the project advertisement schedule to ensure that projects contained in the schedule comply with the Rule and that they have not been modified since the last conformity analysis
4.2 VDOT Transportation and Mobility Planning Division
The Transportation and Mobility Planning staff is responsible for the following:
§ Participate in the interagency consultation process
§ Develop, calibrate and validate the Travel Demand Model (TDM) for each non-attainment and maintenance area.
§ Coordinate with the transit agencies to ensure transit information is accurate
§ Develop a project list from the six-year program and modify the TDM based on the project list
§ Run the TDM to determine the vehicle miles of travel (VMT) per facility link and free flow speeds for the appropriate analysis years.
§ Develop and apply Quality Control and Quality Assurance procedures to the transportation data
§ Participate in the internal review of the conformity report
4.3 Virginia Department of Environmental Quality (VDEQ)
VDEQ is responsible for the following:
§ Develop vehicle registration data for use in the emissions analysis
§ Participate in interagency consultation process
§ Participate in the internal review of the draft conformity report
§ Provide technical/regulatory guidance
4.4 Virginia Department of Rail and Public Transportation (VDRPT)
VDRPT is responsible for the following:
§ Participate in the interagency consultation process
§ Provide technical guidance on transit issues
§ Coordinate with regional transit companies to ensure the transit data used in the emissions analysis in accurate
4.5 The Federal Highway Administration (FHWA)
The Virginia Division of FHWA is responsible for the following:
§ Participate in the interagency consultation process
§ Provide technical and regulatory guidance
§ Coordinate with the Environmental Protection Agency and Federal Transit Administration during the review of the conformity report and issue finding of conformity
4.6 The U S Environmental Protection Agency (USEPA)
Region Three of the USEPA is responsible for the following:
§ Participate in the interagency consultation process
§ Provide technical and regulatory guidance
§ Review the final conformity report and provide recommendations to the Federal Highway Administration
4.7 Metropolitan Planning Organization (MPO)/Planning District Commission Staff (PDC)
The MPO/PDC staff are responsible for the following:
§ Participate in the interagency consultation process
§ Provide socio-economic data
§ Administer the required public review process for the Constrained Long Range Transportation Plan (CLRTP), the Transportation Improvement Program (TIP) and the draft conformity report
§ Approve the final conformity report for submission to FHWA
4.8 Transit/Transportation Demand Management Organization (TDMO)
Transit and TDMO are responsible for the following:
§ Provide data related to transit systems and activities
§ Participate in the interagency consultation process
5. Required Procedures
5.1 Conformity Triggers
The Rule requires that conformity determination for a CLRTP and TIP be made every three years and every two years respectively. Additionally, the following occurrences trigger a requirement for conformity finding:
§ Changes to regionally significant projects to include
o Schedule changes
o Scope changes - Change in alignment, termini, capacity or major design features.
o Approval status – Change from Preliminary Engineering (exempt) to Right of Way or Construction (non-exempt)
§ When a new CLRTP and or a TIP is adopted or an existing one amended with non-exempt projects
§ Changes to major planning assumptions
§ Within 12 months of the introduction of a new emissions model
§ Within 12 months of an area’s designation to non-attainment status
§ Within 12 months of a State Implementation Plan (SIP) revision
When any one of the triggers outlined in this Paragraph, is encountered, the Interagency Consultation Group (ICG) will determine if a conformity analysis is warranted. If a conformity analysis is warranted, VDOT will develop an analysis schedule and secure the ICG’s approval of the same at the conformity kick-off meeting. Appendices A and B show the participants in the ICG for the Hampton Roads and Richmond ozone maintenance areas respectively.
5.2 Conformity Project List
VDOT in cooperation with the PDC staff and localities will develop a draft project list for inclusion in the conformity analysis. The draft project list will be presented to the MPO’s Transportation Committee (TC) for its concurrence. The project list will identify the jurisdiction, the facility, the termini, the type of improvement (number of lanes, interchanges, etc.) and the year in which the project will be completed. The final project list will be approved by the ICG at the conformity kick-off meeting. Once approved, the project list may not be amended. Appendix C shows a typical project list.
5.3 Latest Planning Assumptions
Before the conformity analysis is started, VDOT and the PDC will gather information from the localities and various agencies whether the current planning assumptions are accurate or need to be updated. The ICG will review and approve the planning assumptions at the conformity kick-off meeting and in doing so, it will certify them to b e the “latest planning assumptions”. Appendix D lists key planning assumptions and their update schedules.
5.4 VDOT’s TMPD will run the TDM and provide Environmental Division’s conformity staff with the VMT by link and the associated free flow speeds for each analysis year. The conformity staff will post process the free flow speeds to obtain congested speeds. The conformity staff will develop the emission factors and perform the emissions analysis.
5.6 Conformity Report
VDOT’s conformity staff will compile the draft conformity report which documents the methodology used, the process followed and the results of the conformity analysis. The draft report will undergo and internal review by VDOT, VDEQ and the PDC. The TC will review the analysis and recommend the MPO’s adoption of the analysis for the required two-week public review. Following the MPO approval and the public review of the conformity analysis, the conformity staff in, cooperation with appropriate IGC participants, will incorporate public comments and prepare a final report for MPO adoption.
5.7 Federal Review and Approval
Following the adoption of the conformity report by the MPO, the conformity staff will submit the report to FHWA for the federal review process. FHWA will forward copies of the report to the USEPA and FTA and coordinate the review process. Within 45 days following the submission of the conformity report, FHWA and FTA will issue to VDOT a finding of conformity.
6. Locally Administered Projects
For projects that are locally administered, the project manager will be responsible for ensuring that the project is properly programmed in an air quality conforming Long Range Plan (LRP) and Transportation Improvement Program (TIP). If a project is not properly programmed, then it will be the locality’s responsible working through the Metropolitan Planning Organization to request a modification to the LRP and TIP. If this change requires a conformity analysis, then the analysis will be completed in accordance with the MPO approved Interagency Consultation Procedures.
APPENDIX A: Interagency Consultation Group For Hampton
Roads
Chair responsibility will be rotated among each component of the ICG (Federal agencies, State agencies, Regional agencies, and localities comprising the Hampton Roads MPO) and is rotated at the beginning of each conformity analysis. Chair responsibilities include conducting meetings of the ICG.
A quorum of 11 of the 20 voting ICG members must be present for votes to be taken. If a vote is taken, the decision is based on the majority opinion. The following are the voting members of the ICG with one vote given to each member.
Federal Agencies
Environmental Protection Agency – Region 3
Federal Highway Administration – Virginia Division
Federal Transit Administration
State Agencies
Virginia Department of Environmental Quality – Headquarters
Virginia Department of Rail and Public Transportation
Virginia Department of Transportation – Central Office Transportation & Mobility Planning & Environmental Divisions
Regional Agencies
Hampton Roads Planning District Commission
Hampton Roads Transit
James City County Transit
Hampton Roads Metropolitan Planning Organization
James City County
York County
City of Chesapeake
City of Hampton
City of Newport News
City of Norfolk
City of Poquoson
City of Portsmouth
City of Suffolk
City of Virginia Beach
City of Williamsburg
Isle of Wight County (including the Town of Smithfield)*
Gloucester County*
*Non-voting members of the ICG
APPENDIX B: Interagency Consultation Group For Richmond
Chair responsibility, including conducting meetings of the ICG, will be rotated among each component of the ICG (Federal agencies, State agencies, Regional agencies, and localities in the maintenance area) at the beginning of each conformity analysis. If a component of the ICG is unable to hold this responsibility, the rotation will move to the next component.
A quorum of 10 of the 18 ICG members must be present for votes to be taken. If a vote is taken, the decision is based on the majority opinion. The following are the voting members of the ICG with one vote given to each member.
Federal Agencies
Environmental Protection Agency – Region 3
Federal Highway Administration – Virginia Division
Federal Transit Administration
State Agencies
Virginia Department of Environmental Quality – Headquarters
Virginia Department of Rail and Public Transportation
Virginia Department of Transportation – Central Office Transportation &Mobility Planning & Environmental Divisions
Regional Agencies
Richmond Regional Planning District Commission
Crater Planning District Commission
Greater Richmond Transit Company
Ridefinders
Richmond and Tri-Cities Metropolitan Planning Organizations
(The jurisdictions in the maintenance area) Hanover County
Henrico County
Chesterfield County
Charles City County
City of Colonial Heights
City of Richmond
City of Hopewell
Town of Ashland
APPENDIX C: Sample Conformity Project List
Improvement Type Definitions and Conformity Status:
Bridge replacement / Replacement of an existing bridge with no increase in capacity; striping or constructing additional lanes should be indicated as “Widen” / ExemptFeasibility study/ / Planning-level studies / Exempt
New facility / Construction of a new facility (road, intersection, access point, interchange, etc.) / Non-exempt
Preliminary engineering / Work up to, but not including right of way (ROW) acquisition and construction; includes preparation of environmental documents / Exempt; project must be modeled for conformity prior to ROW acquisition or final environmental document approval
Interchange/intersection improvement / Improvement to an existing interchange/intersection; construction of a new interchange/intersection should be indicated as “New facility” / Usually exempt; a significant increase in capacity may not be exempt, but may not require a change to the model
Reconstruction/Safety / Non-capacity expansion improvements, including hard-surfacing unpaved roads, pavement widening, horizontal or vertical alignment improvements, etc.; addition of continuous through-lanes should be indicated as “Widen” / Exempt
Relocation/realignment / Improvement to an existing facility off of the existing alignment; new interchanges/ intersections should be indicated as “New facility” / Exempt
Turn Lane / Addition of a left, right, or center turn lane; addition of continuous through-lanes should be indicated as “Widen” / Exempt
Widen / Addition of through-lanes / Non-exempt
Sample Format:
LRP / Functional / TerminiLabel / PPMS / Jurisdiction / Class / Facility / From / To / Improvement
12379 / Chesapeake / 1 / I-64 / Battlefield Blvd. / I-464 / Widening
# Lanes / Analysis Years / Source / Regionally
Existing / Proposed / 2002 / 2007 / 2015 / 2023 / TIP / LRP / Significant
4 / 6 + 2 HOV / x / x / Yes
APPENDIX D: Latest Planning Assumptions
Planning assumptionsto be reviewed / Frequency of review / Who is responsible for developing
Socioeconomic data for forecast year and each analysis year (VDOT – ensures within 10% of VEC projections) / Each conformity round / HRPDC
Emission factor inputs:
DMV Vehicle Registration Data
VMT Mix Data / Annually
At least every 5 yrs / VDOT/VDEQ
VDOT
Analysis Years / Each conformity round / VDOT
Emission Budget / As SIP revised/updated / VDEQ
Freeflow Vehicle Speeds / At least every 5 yrs / VDOT
Temperatures / As SIP revised/updated / VDOT/VDEQ
Control Strategies / Each conformity round / VDOT/VDEQ
Off-line Calculations / Each conformity round / VDOT/PDC
Model Calibration / At least every 10 years or as needed / VDOT/PDC
VMT / As LRP is updated / PDC
*The above list of planning assumptions to be reviewed are based on the joint FHWA/FTA/USEPA memorandum of guidance, “Use of Latest Planning Assumptions in Conformity Determinations” dated January 18, 2001