ITD Communication Portal

The Clean Air Act (CAA) sets the framework and goals for improving the air quality to protect public health. The CAA established provisions for attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). NAAQS are set for “criteria” pollutants, i.e., those that adversely affect human health and safety, at levels to ensure adequate protection of the public.

When a geographic area violates a NAAQS, it is designated as a “non-attainment” area. Non-attainment areas in Idaho currently include:

• Cache Valley (Franklin County) for Fine Particulate Matter ∠ 2.5 micrometers in diameter (PM2.5)
• Pinehurst (Shoshone County) for Coarse Particulate Matter ∠ 10 micrometers (PM10)
• West Silver Valley (Shoshone County) for PM2.5

Once designated, a plan must be created and implemented to bring the area back into attainment. In Idaho these plans are prepared by the Idaho Department of Environmental Quality (DEQ) and approved by the U.S. Environmental Protection Agency (EPA). The plan is called the State Implementation Plan (SIP).

When an area achieves attainment for three consecutive years, it may request re-designation as a “maintenance” area. Maintenance areas are required to have SIPs to ensure the NAAQS continue to be met. Maintenance areas in Idaho include:

• Portneuf Valley (Bannock County) for PM10
• Northern Ada County for PM10 and Carbon Monoxide (CO)
• Sandpoint (Bonner County) for PM10

EPA classifies emissions of criteria pollutants into three source categories: point (electric utilities, refineries, etc.), area (dry cleaners, paints, solvents, etc.) and mobile including both on-road (cars, trucks, buses, etc.) and non-road (airplanes, trains, construction equipment, etc.). SIPs must include strategies and control measures to sufficiently reduce emissions in each of these source categories to levels that meet the NAAQS. The SIPs also set emission caps or “budgets” for each air pollutant.

Transportation conformity refers to the Clean Air Act requirement that all transportation plans, programs and projects developed, funded or approved by the Federal Highway Administration, the Federal Transit Administration, and any state or locally funded regionally significant projects must demonstrate they “conform” to the applicable State Implementation Plan (SIP). Source: IDAPA 58.01.01.563 at https://adminrules.idaho.gov/rules/2012/58/0101.pdf

Given the fact that controlling pollutants from on-road mobile sources is critically important to meeting the NAAQS, transportation conformity is intended to help the SIP attain the NAAQS.

Interagency Consultation

To make conformity determinations in each non-attainment or maintenance area, a committee of agency representatives called the Interagency Consultation Committee (ICC) is required to be constituted. These agencies generally include the following. (IDAPA 58.01.01.567.01-02)

• Idaho Department of Environmental Quality (DEQ)
• Idaho Transportation Department (ITD)
• Metropolitan Planning Organization (MPO)
• Federal Highway Administration (FHWA) and Federal Transit Administration (FTA)
• Local Highway Technical Assistance Council (LHTAC)
• Local agencies including Highway Districts, Counties, Cities
• Public Transit agencies or service providers
• Tribal governments

Agency Responsibilities

Within the Interagency Consultation Committees (ICCs), the following three agencies have specific designated responsibilities, all of which are subject to interagency consultation.

• Idaho Department of Environmental Quality (DEQ) — the state’s designated lead air quality agency (IDAPA 58.01.01.569.01)
• State Implementation Plan (SIP) including public outreach on draft plan, emission inventories and budgets, control measures, plan updates.
• Motor vehicle emission factors
• Attainment and maintenance demonstrations

• Metropolitan Planning Organizations (MPO) in non-attainment/maintenance areas with an MPO--currently Portneuf Valley and Northern Ada County (IDAPA 58.01.01.569.02)
• Conformity determinations for Long Range Transportation Plans (LRTPs) and Transportation Improvement Plans (TIPs)
• Identify regionally significant projects through the ICC process
• Implement Transportation Control Measures (TCMs)
• Technical and policy input on emission budgets
• Transportation modeling, regional emissions and project level (hot-spot) analyses
• Distribute draft and final documentation to ICC and interested stakeholders

• Idaho Transportation Department (ITD) in non-attainment /maintenance areas without an MPO--currently Cache Valley, Pinehurst, West Silver Valley and Sandpoint (IDAPA 58.01.01.569.03)
• Conformity determinations for the projects in the Statewide Transportation Improvement Program (STIP) and for those subject to the National Environmental Policy Act (NEPA)
• Identify regionally significant projects through the ICC process
• Implement Transportation Control Measures (TCMs)
• Technical and policy input on emission budgets
• Transportation modeling, regional emissions and project level (hot-spot) analyses
• Distribute draft and final documentation to ICC and interested stakeholders

Public Involvement & Consultation

Those agencies making conformity determinations on transportation plans, programs, and projects, i.e., the MPOs and ITD, are required, at a minimum, to establish a proactive public involvement process which provides reasonable public access and opportunities for public review and comment on all technical and policy information being considered by the ICC at both the beginning of the public comment period and prior to taking any formal action. In addition, these agencies must specifically address, in writing, all public comments relating to known plans for a regionally significant project, which is not receiving FHWA or FTA funding, or approval. (IDAPA 58.01.01.574). Members of the public may submit requests to receive information about the ICC, including meeting dates and times, relevant documents and other information.

Following below are the general responsibilities of the MPOs and ITD with respect to the ICC consultation process and with interested members of the public. (IDAPA 58.01.01.571.01)

• Initiate the process by notifying the ICC members of the document to be discussed or decision to be made and by scheduling and convening meetings.
• Maintain a distribution list of all ICC members and interested members of the public.
• Distribute an agenda and all supporting material including the minutes of prior ICC meetings:
• 14 days in advance of an ICC meeting if there are non-technical issues to be resolved.
• 30 days in advance for technical issues.
• Confer with other agencies and persons interested in the document or decision.
• Provide an opportunity for informal questions and answers on draft documents and proposed decisions.
• Consider the views of ICC members and interested members of the public and respond in writing to significant comments in a timely and substantive manner prior to finalizing or taking any final actions.
• Assure all comments and written responses of ICC members and members of the public are made part of the record of any action.

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If a public records request is made online or directly to an ITD staff member, it is Critical to involve Gov. Affairs, Office of Communication and Legal. Response to these request should also include a subject-matter expert. Responses should take into account the following guidelines:

• Controlling statutes: Title 74 (specifically, 74-103, Idaho Code)
• Agency must acknowledge request AND grant or deny within 3 business days
• If agency cannot completely process request within 3-day time frame, such must be stated in the 3-day letter (that more time is needed)
• Agency MUST provide requested materials within 10 business days

If an information request from a legislator is made, work directly with governmental affairs and a subject-matter expert. It is important to catalog and retail all processed requests.

During legislative session: January-April, requests are very time sensitive. Waiting three days to respond is too long. ETS knows to make these top priority and process within 48 hours (main ETS contact: Bill Finke, Application Development Manager)

During the legislative off-season: May-December, best practice is to generally try to respond within three business days. If the request requires building or creating materials from scratch, then be sure to notify requestor of such and work on a suitable timeframe.

For any information request from a legislator, contact ITD’s Governmental Affairs Manager, 208-334-8804. A secondary point of contact is ITD’s Governmental Affairs Program Specialist, 208-334-8810.

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