5 - Air Quality Conformity

As part of its transportation planning process, the Greater Buffalo Niagara Regional Transportation Council (GBNRTC) completed a new transportation conformity determination for the GBNRTC 2023-2027 Transportation Improvement Program (TIP) and 2050 Long-Range Transportation Plan (LRTP). This report documents that the 2023-2027 TIP and 2050 LRTP meet the federal transportation conformity requirements in 40 CFR Part 93.

Clean Air Act (CAA) section 176(c) (42 U.S.C. 7506(c)) requires that federally funded or approved highway and transit activities are consistent with (“conform to”) the purpose of the State Implementation Plan (SIP). Conformity to the purpose of the SIP means that transportation activities will not cause or contribute to new air quality violations, worsen existing violations, or delay timely attainment of the relevant NAAQS or any interim milestones. 42 U.S.C. 7506(c)(1). EPA’s transportation conformity rules establish the criteria and procedures for determining whether metropolitan transportation plans, transportation improvement programs (TIPs), and federally supported highway and transit projects conform to the SIP. 40 CFR Parts 51.390 and 93.

On February 16, 2018, the United States Court of Appeals for the District of Columbia Circuit in South Coast Air Quality Mgmt. District v. EPA (“South Coast II,” 882 F.3d 1138) held that transportation conformity determinations must be made in areas that were either nonattainment or maintenance for the 1997 ozone national ambient air quality standard (NAAQS) and attainment for the 2008 ozone NAAQS when the 1997 ozone NAAQS was revoked. These conformity determinations are required in these areas after February 16, 2019. Erie and Niagara Counties were in “nonattainment” status at the time of the 1997 ozone NAAQS revocation on April 6, 2015 and were also designated attainment for the 2008 ozone NAAQS on May 21, 2012. Therefore, per the South Coast II decision, this conformity determination is being made for the 1997 ozone NAAQS on the LRTP and TIP.

This conformity determination was completed consistent with CAA requirements, existing associated regulations at 40 CFR Parts 51.390 and 93, and the South Coast II decision, according to EPA’s Transportation Conformity Guidance for the South Coast II Court Decision issued on November 29, 2018.

Transportation Conformity Overview

The concept of transportation conformity was introduced in the Clean Air Act (CAA) of 1977, which included a provision to ensure that transportation investments conform to a state implementation plan (SIP) for meeting the Federal air quality standards. Conformity requirements were made substantially more rigorous in the CAA Amendments of 1990. The transportation conformity regulations that detail implementation of the CAA requirements was first issued in November 1993, and have been amended several times. The regulations establish the criteria and procedures for transportation agencies to demonstrate that air pollutant emissions from metropolitan transportation plans, transportation improvement programs and projects are consistent with (“conform to”) the State’s air quality goals in the SIP. This document has been prepared for State and local officials who are involved in decision making on transportation investments.

Transportation conformity is required under CAA Section 176(c) to ensure that Federally-supported transportation activities are consistent with (“conform to”) the purpose of a State’s SIP. Transportation conformity establishes the framework for improving air quality to protect public health and the environment. Conformity to the purpose of the SIP means Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) funding and approvals are given to highway and transit activities that will not cause new air quality violations, worsen existing air quality violations, or delay timely attainment of the relevant air quality standard, or any interim milestone.

On June 15, 2004, the United States Environmental Protection Agency (EPA) designated the Buffalo-Niagara Falls, NY area consisting of Erie and Niagara Counties as being in nonattainment status for the 1997 8-hour ozone standard (0.08 parts per million). This designation was based on the results of ambient air monitoring data collected by the New York State Department of Environmental Conservation from calendar years 2001-2003. These data established an 8-hour ozone “design value” of 0.099 ppm for the area. The current design value for the area, based on 2019-2021 data, is 0.065 ppm.

On July 20, 2012, the USEPA designated the Buffalo-Niagara Falls, NY attainment for the 2008 ozone standard (0.075 ppm). The area was designated attainment for the 2015 ozone standard (0.070ppm) on January 16, 2018.

Per the South Coast II court decision, the Buffalo-Niagara Falls, NY area is subject to the transportation conformity requirements. This conformity determination report will address transportation conformity for the 2023-2027 GBNRTC TIP and the 2050 LRTP.

Latest Planning Assumptions

The use of latest planning assumptions in 40 CFR 93.110 of the conformity rule generally apply to regional emissions analyses. In the 1997 ozone NAAQS areas, the use of latest planning assumptions requirement applies to assumptions about transportation control measures (TCMs) in an approved SIP. There are no TCMs in any SIP in the Buffalo-Niagara Falls, NY area. Thus, the latest planning assumption requirement is not applicable for this conformity determination.

Consultation

The consultation requirements in 40 CFR 93.112 and 6 NYCRR Part 240 were addressed both for interagency consultation and public consultation.

Per the New York State Transportation Conformity SIP, as codified in Chapter 6 of the New York Codes Rules and Regulations (6 NYCRR) Part 240, interagency consultation was conducted with the NYSDEC, NYSDOT, FHWA, FTA and USEPA. Representatives of these agencies comprise the Interagency Consultation Group (ICG) for air quality conformity in New York State.

Of the projects included in GBNRTC’s 2023-2027 TIP and 2050 LRTP, six (6) projects are classified as non-exempt and are listed on the following page.

All remaining projects on the TIP are exempt. See project listings in Appendix A (New Non-Transit Projects), B (Carryover Non-Transit Projects), C (New Transit Projects), and D (Carryover Transit Projects).

This document is under public review for 30 days, between August 3rd, 2022 and closeof- business on September 1st, 2022. This document is also undergoing review by the Interagency Consultation Group (ICG) concurrent with the public comment period. All

comments received will be addressed in the final document, as appropriate. This documentation is available for public review on the GBNRTC website (www.gbnrtc.org) or by request.

GBNRTC Policy Committee Resolution and any comments received will be included in the final conformity documentation.

Fiscal Constraint

Transportation conformity requirements in 40 CFR 93.108 state that transportation plans and TIPs must be fiscally constrained consistent with DOT’s metropolitan planning regulations at 23 CFR part 450. The GBNRTC 2050 LRTP and 2023-2027 TIP are fiscally constrained, as demonstrated in Chapter 6 of the 2050 LRTP and Section 3 of the 2023-2027 TIP.