Transportation Headlines

Transportation Conformity Lapse Q&A

What is a transportation conformity lapse?

A lapse occurs when MTC is unable to "conform" the latest Regional Transportation Plan (RTP) to the federal air quality plan. In the current situation, MTC has completed the regional transportation plan update, but is awaiting EPA action on the newest federal air quality plan (the 2001 Ozone Attainment Plan) developed by the Bay Area Air Quality Management District, ABAG, and MTC over the spring and summer of 2001. During a lapse, regionally significant highway and transit projects cannot receive federal approvals, nor can regionally significant projects that are funded with non-federal monies proceed.

What Actions Must EPA, MTC and the Federal Highway and Transit Administrations take to lift the lapse?

The new 2001 Ozone Attainment Plan provides control strategies to help the region attain the 1Ðhour federal ozone standard by 2006. EPA does not have to approve the Plan in its entirety for MTC to make a conformity finding for the RTP. The main element in the new ozone plan for conformity purposes is what is termed a "motor vehicle emissions budget" which defines the allowable level of ozone pollutants that can be generated by the Regional Transportation Plan. EPA must determine that this budget is adequate for conformity purposes, and the budget will become effective 15 days after EPA makes the final adequacy finding and publishes it in the Federal Register. MTC will then make a conformity finding for the 2001 Regional Transportation Plan, and once the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) have approved this finding, the lapse will be lifted.

What is the Bay Area's air quality record?

The number of days the Bay Area has exceeded the ozone standard varies year by year, with most exceedances occurring on hot summer days in the inland valleys. The last three years have been fairly clean ozone years, with a total of only 7 days over the standard. For 2001, the standard was only exceeded one day.

How many metropolitan areas have experienced a transportation conformity lapse?

According to the Federal Highway Administration, there have been 33 areas that have undergone a conformity lapse since July 1999, ranging from a few days to over three years.

Is transportation funding lost or are projects only delayed?

In general, transportation projects will not lose funding (the exception would be if a project is nearing the end of an obligation deadline, and the deadline is missed). Project delays of a few weeks are unlikely to increase project costs, but delays of several months could, particularly if the conformity lapse causes a project to miss the summer construction window. While MTC keeps a list of projects most likely to be affected by a short delay (see Attachment 2 from Executive Director's January 18, 2002 memorandum), more detailed information on the effects of the lapse is best provided by the individual project sponsors. An extended conformity lapse could further add to the negative effects of the current downturn on the Bay Area's economy.

What types of transportation projects will be affected by a lapse?

A lapse will affect any transit or highway project that is not an "exempt" project as defined in EPA's transportation conformity regulations, or is not an adopted Transportation Control Measure (TCM) in the federal air quality plan to reduce motor vehicle emissions. There are 28 Transportation Control Measures in the current federal air quality plan and most all of these have been completed. While some transportation projects may appear to be similar to one of the TCMs, if they were not identified or anticipated in the original definition and specification of the TCM, they will be delayed.