Section 18.50.715. Interagency consultation procedures.

	(a)  Before issuing a final transportation conformity determination or transportation-related state implementation plan revision under 18 AAC 50.700 - 18 AAC 50.750, the sponsoring agency described in 18 AAC 50.705(b) shall  
		(1) contact the office of the local governing body to determine if that office is aware of any plans for construction of a regionally significant project that is not funded under 23 U.S.C. (highways) or 49 U.S.C. 5301 - 5340, including any project for which alternative locations, design concept and scope, or the no-build option are still being considered;  
		(2) prepare a preliminary interagency discussion draft, a public review draft, and a final draft of the conformity determination or transportation-related state implementation plan revision through the interagency consultation process described in (b) - (g) of this section with staff of  
			(A) the department;  
			(B) the local air quality planning agency or government;  
			(C) the Department of Transportation and Public Facilities;  
			(D) the local transportation committee, agency, or government;  
			(E) any agency created under state law that sponsors or approves transportation projects;  
			(F) the United States Environmental Protection Agency;  
			(G) the United States Department of Transportation, Federal Highway Administration (FHWA);  
			(H) the United States Department of Transportation, Federal Transit Administration (FTA);   
			(I) the metropolitan planning organization and any other regional transportation planning organization; and  
			(J) any participant listed in the State Air Quality Control Plan, Volume II, Section III.I.3; and  
		(3) make the public review draft of the conformity determination or transportation-related state implementation plan revision available for public review and comment as required in 18 AAC 50.720.  
	(b)  A staff member of the sponsoring agency shall  
		(1) consult with staff of the agencies listed in (a)(2) of this section to prepare a preliminary interagency discussion draft of the conformity determination or transportation-related state implementation plan revision, including necessary supporting information;  
		(2) ensure that all documents, including transportation-related state implementation plan revisions, and information relevant to the preliminary interagency discussion draft are available to staff from the participating agencies; and  
		(3) consider the comments of staff from participating agencies and respond in writing to those comments in a timely, substantive manner before making a final decision on the preliminary interagency discussion draft; written agency comments and written responses must be included in the record of any conformity decision or action or transportation-related state implementation plan revision.  
	(c)  In preparing the preliminary interagency discussion draft, a staff member of the sponsoring agency shall consult with the staff of the agencies listed in (a)(2) of this section to  
		(1) evaluate and choose a traffic demand model and associated methods and assumptions to be used in a hot-spot analysis or a regional emissions analysis;  
		(2) determine which minor arterials and other projects should be considered regionally significant projects for purposes of a regional emissions analysis, in addition to those functionally classified as principal arterial or higher or fixed guide-way systems or extensions that offer an alternative to regional highway travel;  
		(3) determine which projects should be considered to have a significant change in design concept and scope from the transportation plan or transportation improvement program;  
		(4) discuss whether a project that is otherwise exempt from the requirements of 18 AAC 50.700 - 18 AAC 50.750 under 40 C.F.R. 93.126 and 93.127, revised as of July 1, 2013, and adopted by reference, should be treated as nonexempt if potential regional emissions impacts or other adverse emissions impacts might exist for any reason;  
		(5) determine, as required under 40 C.F.R. 93.113(c)(1), revised as of July 1, 2013, and adopted by reference, whether past obstacles to implementation of a transportation control measure that is behind the schedule established in the state implementation plan have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for transportation control measures are giving maximum priority to approval or funding for transportation control measures to be initiated by the sponsoring agency in accordance with 18 AAC 50.700 - 18 AAC 50.750 and the State Air Quality Control Plan, Volume II, Section III.I.3; the interagency consultation process must also consider whether delays in transportation control measure implementation necessitate a revision to the state implementation plan to remove or to substitute a transportation control measure or other emission reduction measures;  
		(6) determine, as required under 40 C.F.R. 93.121, revised as of July 1, 2013, and adopted by reference,  
			(A) that a regionally significant project  
				(i) is included in a regional emissions analysis supporting the currently conforming transportation improvement program's conformity determination, even if the project is not included in the transportation improvement program for the purposes of project selection or endorsement; and  
				(ii) design concept and scope have not changed significantly from those included in the transportation plan, transportation improvement program, or regional emissions analysis; or  
			(B) that, based on the requirements for a project that is not from a conforming transportation plan and transportation improvement program, as specified in 40 C.F.R. 93.118 and 93.119, revised as of July 1, 2013, and adopted by reference,  
				(i) there is a currently conforming transportation plan and transportation improvement program, and a new regional emissions analysis that includes the regionally significant project; and  
				(ii) the currently conforming transportation plan and transportation improvement program will still conform if the regionally significant project is implemented;  
		(7) identify, as required under 40 C.F.R. 93.123(b), revised as of July 1, 2013, and adopted by reference, projects located at sites   
			(A) within a PM-10 or PM-2.5 nonattainment or maintenance area identified in 18 AAC 50.015(b)(3) or (e); and  
			(B) that have vehicle and roadway emission and dispersion characteristics essentially identical to those at sites that have air quality violations verified by monitoring, and that, therefore, require a quantitative PM-10 or PM-2.5 hot-spot analysis; and  
		(8) notify staff of participating agencies of any revision or amendment to a transportation plan or transportation improvement program that merely adds or deletes an exempt project listed in 40 C.F.R. 93.126 and 93.127, revised as of July 1, 2013 and adopted by reference; and  
		(9) develop a list of transportation control measures for inclusion in the state implementation plan and distribute that list to those agencies described in (a)(2) of this section.  
	(d)  In addition to the consultation described in (c) of this section, a staff member of the sponsoring agency shall consult with staff of the state and local agencies listed in (a)(2) of this section to  
		(1) evaluate events that will trigger new conformity determinations in addition to those triggering events established in 40 C.F.R. 93.104, revised as of July 1, 2013, and adopted by reference;  
		(2) consider an emissions analysis for transportation activities that extend beyond the boundaries of a local governing body, nonattainment area, maintenance area, or air basin;  
		(3) determine the design, schedule, and funding of research and data collection efforts and regional transportation model development by the local governing body, such as household or travel transportation surveys;  
		(4) ensure that plans for construction of regionally significant projects that are not FHWA or FTA projects, including projects for which alternative locations, design concept and scope, or the no-build option are still being considered and including all those projects by recipients of funds designated under 23 U.S.C., are disclosed to the metropolitan planning organization on a regular basis and to ensure that any changes to those plans are disclosed within 10 business days;  
		(5) request that participants in the interagency consultation process identify all non-FHWA and non-FTA transportation projects and their design concept and scope, including those projects where detailed design features have not yet been decided, to determine which projects are regionally significant projects for regional emissions modeling; a person who is "a recipient of funds designated under title 23 U.S.C or the Federal Transit Laws" within the meaning given the term in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference, shall disclose to the metropolitan planning organization information regarding all non-FHWA and non-ITA regionally significant projects: any changes to these plans shall be disclosed within 10 business days; and  
		(6) choose conformity tests and methodologies for isolated rural nonattainment and maintenance areas.  
	(e)  If the metropolitan planning area does not include the entire nonattainment or maintenance area, the interagency consultation must include staff of the local governing body and the Alaska Department of Transportation and Public Facilities to determine conformity of all projects outside the metropolitan planning area and within the nonattainment or maintenance area.  
	(f)  After completing the interagency consultation process, the sponsoring agency shall prepare the public review draft of the conformity determination, based on changes made to the preliminary draft during the consultation process, and shall make the public review draft available for public review and comment as required in 18 AAC 50.720.  
	(g)  After opportunity for public review and comment on the public review draft of the conformity determination, the sponsoring agency shall  
		(1) prepare a final draft of the conformity determination in consultation with staff of the participating agencies; and  
		(2) after the consultation described in (1) of this subsection, issue the final conformity determination to the agencies listed in (a)(2) of this section and provide the supporting information upon request.  
	(h)  Repealed 4/17/2015.  
	(i)  In this section, "business day" means a day other than Saturday, Sunday, or a state or federal holiday.  

Authorities

46.03.020;46.14.030

Notes

Reference

18 AAC 50.745
18 AAC 50.750

Authority

AS 46.03.020 AS 46.14.030

History

Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; am 4/17/2015, Register 214; am 3/2/2016, Register 217