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Rule Title: CONSULTATION REQUIREMENTS: APPLICABILITY
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Department: ENVIRONMENTAL QUALITY, DEPARTMENT OF
Chapter: AIR QUALITY
Subchapter: Conformity
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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17.8.1305    CONSULTATION REQUIREMENTS: APPLICABILITY

(1) The consultation procedures set out in this subchapter must be utilized by the department and local air quality agencies in developing applicable air quality control plans, and by the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA), MDT, MPOs, and local transportation planning agencies in making conformity determinations or in deciding that a conformity determination is not necessary because a revision to a transportation plan or transportation improvement program merely adds or deletes an exempt project listed in 40 CFR Part 93, subpart A.

(2) Tables A through E below identify the specific actions for which consultation is required under this subchapter, and specify the parties, timing, methods, and documentation required for consultations.

TABLE A

ACTION: Research and Data Collection.

RESPONSIBLE ENTITY: MDT, DEQ, MPO, local air quality and transportation planning agencies

 

 
Action Step
 
Consult with
 
When to Consult
 
Consultation Method
 
Consultation Documentation
 
1. Design/scheduling funding of research and data collection for transportation related air quality inventories, transportation modeling, or planning efforts
 
local air and transportation agencies, MPO, DEQ, MDT
 
before starting research or data collection
 
letter of notification (meet at consulted agency request)
 
not required
2. Completion of project
same as above
project completion
distribute summary of findings
not required

 

TABLE B

ACTION: Preparation or revision of emission inventory (involving transportation-related emission sources).

RESPONSIBLE ENTITY: Local air quality agency or DEQ.

 

 
Action Step
 
Consult with
 
When to Consult
 
Consultation Method
 
Consultation Documentation
 
1. Selection of methods, models, assumptions, data sources for determining transportation emissions
 
local transportation and air agencies, MPO, DEQ, MDT, EPA, FHWA, FTA
 
before starting analysis using these parameters
 
letter of notification (meet at consulted agency request)
 
describe consultation, response, and response use in draft inventory
 
2. Release of draft emission inventory
 
same as above
 
release of draft inventory
 
distribution of draft inventory
 
discuss in final inventory
 
3. Release of final emission inventory
 
same as above
 
release of final inventory
 
distribution of final inventory *
 
not required

 

* If consultation on draft does not result in any revisions, distribution of a separate final document is not required. In this case consulted agencies may simply be notified that the draft has been adopted as final.

TABLE C

ACTION: Preparation or revision of air quality control plan.

RESPONSIBLE ENTITY: Local air quality agency or DEQ.

 

 
Action Step
 
Consult with
 
When to Consult
 
Consultation Method
 
Consultation Documentation
 
1. Selection of methods, models, assumptions, data sources for determining transportation-related emissions*
 
local transportation and air agencies, MPO, DEQ, MDT, FTA, FHWA, EPA
 
before starting analysis using these parameters
 
letter of notification
(meet at consulted agency request)
 
describe consultation, response, and response use in draft control plan
 
2. Selecting transportation-related control strategies, transportation control measures (TCMs), and proposed transportation emissions budget
 
same as above
 
before strategy /TCM selection and budget allocation
 
letter of notification
(meet at consulted agency request)
 
draft control plan
 
3. Distribution of draft control plan
 
same as above
 
release of proposed control plan
 
Distribute proposed control plan
 
Written response to consulted agency comment
 
4. State conflict resolution appeal period, per ARM 17.8.1312
 
local transportation and air agencies, MPO, DEQ, MDT
 
initiated by responsible entity written response to comments on draft
 
appeals to governor by consulted agencies
 
discuss comments on draft, appeals (if any), and appeal resolution in final document
 
5. Adoption of final control plan (emission budget determination)
 
local transportation and air agencies, MPO, DEQ, MDT, FHWA, FTA, EPA
 
upon end of appeal period or resolution of any appeals
 
distribute final control plan**
 
not required

 

* Consultation at this step is not required if these factors are unchanged from those used in an emission inventory on which consultation requirements were fulfilled.

** If consultation on draft does not result in an appeal to the governor or in any revisions to the draft, distribution of a separate final document is not required. In this case consulted agencies may simply be notified that the draft has been adopted as final.

TABLE D

ACTION: Transportation Conformity Determination (for Transportation Plan, Transportation Improvement Program (TIP), Transportation Project, and Hot-Spot Analyses.

RESPONSIBLE ENTITY: MPO (MDT outside metropolitan areas and for issues covered in ARM 17.8.1310(1)(h) and (i)).

 

** NOTE ** For guidance relating to the specific action steps required for plan, TIP, project, or hot-spot analysis (and directions for accomplishing those steps) refer to 40 CFR Part 93.

 
Action Step
 
Consult with
 
When to Consult
 
Consultation Method
 
Consultation Documentation
 
1. Selection of methods, models, assumptions, data sources, and routes (including any minor arterials and projects otherwise exempted) to be used in emissions analysis*
 
local transportation and air agencies, DEQ, MDT, FHWA, FTA, EPA
 
before starting analysis using these parameters
 
letter of notification (meet at consulted agency request)
 
discuss consultation, response, and response use in draft determination
 
2. Identify projects to be included in the analysis (include exempt projects treated as nonexempt)*
 
same as above
 
upon initial selection and any revisions during analysis
 
same as above
 
same as above
 
3. Determine TCM implementation status per 40 CFR 93.113*
 
same as above
 
before starting emission analysis
 
same as above
 
discuss in draft conformity determination
 
4. Draft conformity determination release
 
same as above
 
before or with draft plan, TIP, or project document release
 
distribute determination
 
written response to comment on draft determination

 

* Consultation on these steps will often be done concurrently.

 

(Table D continued next page) Table D (Continued)

 

Action Step
Consult with
When to Consult
Consultation Method
Consultation Documentation
5. State conflict resolution appeal period, per ARM 17.8.1312
 
local air and transportation agencies, MPO, DEQ, MDT
initiated by responsible entity written response to comments on draft determination
appeals to governor by consulted agencies
discuss comments on draft, appeals (if any), and appeal resolution in final determination
6. Responsible entity final conformity determination
FHWA, FTA (notify local air and transportation agencies, MPO, DEQ, MDT)
upon conclusion of appeal period or resolution of any appeals
distribute and request concurrence from FHWA and FTA
not required
7. Conformity determination concurrence by FHWA and FTA
local air and transportation agencies, DEQ, MDT, FHWA, FTA, EPA
upon notice of FHWA and FTA concurrence
distribute final plan, TIP, or project document
summarize consultation process and conformity determination in final plan, TIP, or project document

TABLE E

ACTION: Determination that a transportation plan or TIP revision or amendment merely adds or deletes exempt projects listed in 40 CFR 93.126.

RESPONSIBLE ENTITY: MPO or MDT.

 

 
Action Step
 
Consult with
 
When to Consult
 
Consultation Method
 
Consultation Documentation
 
1. Identification of projects included in the revision or amendment and initial finding that all are exempt and do not hinder TCM implementation
 
local transportation and air agencies, DEQ, MDT, FHWA, FTA, EPA
 
upon preliminary determination that all projects are exempt
 
letter of notification (meet at consulted agency request)
 
describe consultation, response, and response use in notice of final determination
 
2. Determination that all included projects are exempt and do not interfere with TCM implementation
 
same as above
 
upon responsible entity determination
 
same as above
 
not required
 
OR 3. Determination that one or more included projects are not exempt or do interfere with TCM implementation
 
same as above
 
upon responsible entity determination
 
same as above
 
implement conformity determination process, per Table D

 

History: 75-2-111, MCA; IMP, 75-2-202, MCA; NEW, 1996 MAR p. 2299, Eff. 8/23/96; AMD, 1999 MAR p. 1216, Eff. 6/4/99; AMD, 2005 MAR p. 959, Eff. 6/17/05.


 

 
MAR Notices Effective From Effective To History Notes
6/17/2005 Current History: 75-2-111, MCA; IMP, 75-2-202, MCA; NEW, 1996 MAR p. 2299, Eff. 8/23/96; AMD, 1999 MAR p. 1216, Eff. 6/4/99; AMD, 2005 MAR p. 959, Eff. 6/17/05.
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