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Home My WebLink About1997-006 Agrmt - Air Quality Page 1 INTERGOVERNMENTAL AGREEMENT BETWEEN ROGUE V ALLEY METROPOLITAN PLANNING ORGANIZATION; THE OREGON DEPARTMENT OF TRANSPORTATION; THE OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY; THE ROGUE V ALLEY TRANSPORTATION DISTRICT; AND THE CITIES LISTED BELOW AS PART OF THE DESIGNATED MEDFORD- ASHLAND AIR QUALITY MAINTENANCE AREA. This agreement is entered into by the Rogue Valley Metropolitan Planning Organization, hereinafter referred to as "RVMPO", the Oregon Department of Transportation (OD9T), the Oregon Department of Environmental Quality (ODEQ), the cities of Ashland, Talent, Jacksonville, and Eagle Point, the Rogue Valley Council of Governments, and Jackson County, hereinafter referred to as "AFFECTED AGENCIES". These cities are not located within the RVMPO boundary but are located within the designated Medford-Ashland Air Quality Maintenance Area for particulate matter. This agreement governs the relationship between these affected agencies in achieving cooperative transportation planning as required by the Intermodal Surface Transportation Efficiency Act and making conformity determinations required by the 1990 Clean Air Act Amendments and the state and federal conformity regulations. WHEREAS, the Rogue Valley Council of Governments, is a voluntary association of local governments formed under ORS Chapter 190, serving Jackson and Josephine Counties Oregon; and WHEREAS, RVCOG has been designated as the Metropolitan Planning Organization for the Greater Medford Urban Area with specific member agencies including: Jackson County, the Rogue Valley Transportation District, the Oregon Department of Transportation and the Cities of Medford, Central Point and Phoenix; and WHEREAS, the area within Medford Urban Growth Boundary has been designated as a non- attainment area for carbon monoxide and is within the MPO boundary; and WHEREAS, the Medford-Ashland AQMA has been designated as a non-attainment area for particulate matter and encompasses and goes beyond the MPO boundary. NOW THEREFORE, in consideration of the above, the parties agree as follows: 1. COOPERATIVE PLANNING: RVMPO, AFFECTED AGENCIES, ODOT and ODEQ agree to cooperatively carry out regional transportation planning including corridor and subarea studies; and programming as established by the requirements of the Oregon Department of Transportation, Federal Highway AdministrationlFederal Transit Authority, 23 (CFR) Part 450 and 23 CFR Part 613. (a) Transportation system planning in rural AQMA areas shall be the joint responsibility of ODOT, the County and Cities, with facility ownership establishing specific project-level responsibility. Demographic assumptions used in the planning process, both historical and Page 2 projected, shall be developed by RVCOG in consultation with Affected Agencies. RVCOG shall be responsible for transportation system planning (pursuant to the federal Metropolitan Planning Regulations) within the established MPO boundary of the AQMA unless otherwise amended pursuant to applicable state law. Transportation modeling for the area outside of the MPO boundary, but within the AQMA, shall be the responsibility of RVCOG in consultation with ODOT. 2. CONFORMITY DETERMINATIONS: RVMPO, Affected Agencies, ODOT anq ODEQ agree to cooperatively determine the need for air quality analysis of all projects outside the metropolitan planning area but within the nonattainment or maintenance areas; and ensure all regionally significant projects will be analyzed for total transportation emissions within the non attainment or maintenance areas, including areas both within and outside the metropolitan planning area, for:the purposes of detennining conformity in accordance with the state conformity regulation, OAR 340-020-0710 et. seq. (a) ODOT Region 3, RVTD, the County and Cities are responsible for providing a list of planned transportation projects proposed in the non-MPO portion of the AQMA to the RVMPO. The RVMPO Technical Advisory Committee shall review the project list to determine the presence of regionally significant transportation projects. Failure to provide a list of projects shall cause any regionally significant projects to be omitted from RVCOG's regional emissions analysis. Local agency approval of any regionally significant transportation project not analyzed as part of a regional emissions analysis, would constitute a violation of the Clean Air Act and the State hnplementation Plan. Therefore, upon discovery that a federally or non-federally funded, regionally significant transportation project outside of the MPO boundary but within the AQMA has not been assessed for conformity with the SIP, parties to this agreement shall withhold right-of-way and construction funding until the project has been included in a regional emissions analysis. Upon discovery that privately funded, regionally significant transportation project within the AQMA has not been assessed for conformity with the SIP, parties to this agreement shall deny approval of the project until the project has been included in a regional emissions analysis. (b) Project declarations shall specify when facility construction and operation are expected. Project declarations shall define project design concept, scope and phasing sufficient to permit analysis of air quality impacts and, to the extent feasible, shall provide estimates of cost and source(s) of committed and/or anticipated revenue. The interpretation of engineering specifications for purposes of defining system modeling parameters shall be conducted by ODOT and R VCOG staff pursuant to reasonable professional practice and in consultation with project sponsors. (c) Regionally significant projects within the AQMA shall have the meaning defined in 40 CFR Part 51.392, as augmented by the list of exempt projects contained in Parts 51.460 and 51.462, or such other definition as agreed to in consultation among RVCOG, ODEQ, ODOT and Affected Agencies. RVCOG's consultation with ODOT, ODEQ and Affected Agencies regarding non-MPO area projects selected for analysis shall occur at the same time as Page 3 RVCOG's consultation regarding overall system definitions used in making conformity determinations. (d) Emissions resulting from regionally significant projects occurring both inside and outside the MPO boundary shall be computed by RVCOG in a combined quantitative analysis satisfying the applicable conformity requirements. 3. SELECTION AND IMPLEMENTATION OF TRANSPORTATION CONTROL. MEASURES (TCMs): RVMPO and Affected Agencies, in consultation with ODOT and ODEQ, agree to cooperatively select projects that help the AQMA attain and maintain meet national ambient air quality standards. (a) The RVMPO Policy and Technical Advisory Committees, in consultation with ODEQ and ODOT, will be responsible for identifying and implementing transportation control measures within the MPO necessary to attain and maintain national ambient air quality standards. (b) The RVMPO and Affected Agencies, in consultation with ODEQ and ODOT, will be responsible for identifying and implementing transportation control measures outside the MPO but within the AQMA necessary to attain and maintain national ambient air quality standards. 4. CONFLICT RESOLUTION (a) Quantification of emissions attributable to regionally significant projects will result in the TIP and/or RTP either passing or failing the conformity requirements. In the event of a failure to demonstrate conformity, the affected agencies will cooperate in defining actions both within and outside of the MPO boundary but within the AQMA, that are necessary to achieve conformity of proposed projects with the SIP. The RVCOG Policy and Technical Advisory Committees, in consultation with the Affected Agencies, ODOT and ODEQ, will be relied on to identify TIPIRTP amendments needed to demonstrate SIP conformity. Appropriate amendments or actions may include deletion of highway expansion projects, programming of transportation control and/or demand management measures or a combination thereof. (b) To the extent that deletion of highway expansion projects is pursued to demonstrate conformity, due weight in the selection process shall be given to the relative contribution of non-MPO and MPO area emissions to total AQMA emissions. Countervailing considerations may include safety and preservation benefits of modernization proposals together with such other technical and administrative criteria as may be deemed appropriate by the RVMPO, ODOT, ODEQ and Affected Agencies. 5. AIR QUALITY STANDING COMMITTEE Pursuant to the requirements contained in OAR 340-20-710 et. seq., the RVMPO Technical Advisory Committee is designated as the standing committee to advise the MPO on air quality issues. The Air Quality Standing Committee, in consultation with Affected Agencies, ODOT, and ODEQ, shall meet on a quarterly basis. Medford-Ashland Air Quality Maintenance Area Particulate Matter (PM10) Intergovernmental Agreement Signatories: Jo)~)fi Kitzhaber, St'ftte of Oregon City of Ashland ty of Jacksenvill~~~~~x~'~ Rog~e~l~rnsportation District ogu~ouncil of Governments Oregon Department of Transportation City of Eagle Point City of Talent / RVI~O, Pol~j~ Committee ~ ~ ~ent o~f Environmental