HomeMy WebLinkAbout20131584.tiffC
US Department
of Transportation
Federal Highway
Administration
Colorado Division
May 30, 2013
12300 W. Dakota Ave., Ste. 180
Lakewood, CO 80228
(720) 963-3014
Fax (720) 963-3001
Ms. Jennifer Schaufele
Executive Director
Denver Regional Council of Governments
1290 Broadway, Suite 700
Denver, CO 80202
Subject: DRCOG 2012 Cycle 2 2035 MVRTP Amendments and Amended 2012-2017 TIP
Conformity Determination
Dear Ms. Shaufele:
In accordance with the Clean Air Act of 1990, as amended, 40 CFR 93 and 23 CFR 450, the U.S.
Department of Transportation (U.S. DOT) is required to make air quality conformity
determinations of Regional Transportation Plans (RTP) and Transportation Improvement
Programs (TIP) in non -attainment and maintenance areas. The process to make a conformity
determination in Colorado is the Federal Highway Administration (FHWA) Colorado Division
office that signs the letter on behalf of the Federal Transit Administration (FTA) Region VIII
office per the current Memorandum of Agreement for Transportation Planning Oversight
(MOA).
On May 21, 2012, the U.S. Environmental Protection Agency (EPA) issued a final rule
designating the Denver, Boulder, Longmont, Fort Collins and Greeley urbanized areas non -
attainment for 2008 8 -hour ozone National Ambient Air Quality Standard (NAAQS). The non -
attainment area includes the planning areas of the Denver Regional Council of Governments
(DRCOG), North Front Range Transportation and Air Quality Planning Council, also known as
the North Front Range Metropolitan Planning Organization (NFRMPO), and the Upper Front
Range Transportation Planning Region (Upper Front Range TPR). Included in the EPA final
rule is the requirement for a submittal by DRCOG and NFRMPO of an initial conformity
determination to address the nonattainment provisions for the 2008 8 -hour ozone NAAQS.
The transportation planning organizations have signed an MOA explaining how air quality
conformity for 8 -hour ozone is accomplished by the three parties within the non -attainment area.
The 8 -Hour Ozone MOA states that DRCOG will provide conformity determinations for the
southern subarea on the Denver -North Front Range non -attainment area, as well as portions of
the Upper Front Range TPR.
Currently, the DRCOG region is designated as a maintenance area for carbon monoxide and
particulate matter less than 10 microns in size (PM10)•
2013-1584
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On February 20, 2013, DRCOG, in its capacity as the MPO, adopted an air quality conformity
determination for the DRCOG 2012 Cycle 2 Amendments to the 2035 Metro Vision RTP
(MVRTP) and the Amended FY 2012-2017 TIP. The conformity determination specifically met
the 40 CFR 93 Subpart A requirements that address the 2008 8 -hour ozone NAAQS, and
DRCOG has complied with the one-year grace period deadline. The 2035 MVRTP is the fiscally
constrained long-range transportation plan for the DRCOG region, while the FY 2012-2017 TIP
is the fiscally constrained transportation improvement program for the DRCOG region. The 8 -
hour ozone portion of the conformity determination covers the Denver Southern Subarea, and
includes both the Upper Front Range TPR 2035 RTP and the FY 2012-2017 State Transportation
Improvement Program (STIP) for the Upper Front Range Transportation Planning Region.
DRCOG also adopted a conformity determination for the carbon monoxide and PMio NAAQS.
Based on our evaluation of the DRCOG 2012 Cycle 2 Amendments to the 2035 MVRTP
conformity determination and the Amended FY 2012-2017 TIP in coordination with the EPA,
the Colorado Air Quality Control Commission (AQCC), the Regional Air Quality Council
(RAQC) and the Colorado Department of Transportation (CDOT), we have determined that the
DRCOG area has met the requirements of 40 CFR 93, 23 CFR 450, 49 CFR 613 along with
FHWA/FTA policies and guidance. DRCOG correctly followed the procedures of the 8 -Hour
Ozone MOA. Furthermore, the DRCOG 2012 Cycle 2 Amendments to the 2035 MVRTP and
the DRCOG Amended FY 2012-2017 TIP conform to the State Implementation Plan (SIP).
A conformity determination for the DRCOG 2012 Cycle 2 Amendments to the 2035 MVRTP
and the DRCOG Amended 2012-2017 TIP is hereby made. Our action is consistent with the
FHWA/FTA Transportation Planning MOA.
Sincerely yours,
VoE,
obit M. Cater
Division Administrator
cc: Ms. Lisa Silva, APCD
Mr. Jeff Sudmeier, CDOT
Mr. David Beckhouse, FTA
Mr. Larry Squires, FTA
Mr. Tim Russ, EPA
Ms. Terri Blackmore, NFRMPO
Ms. Barbara Kirkmeyer, UPR TPR
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