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17.8.1310    SPECIAL ISSUES

(1) In conducting consultations pursuant to ARM 17.8.1306, responsible entities shall ensure that the following special issues are addressed, when applicable:

(a) evaluating and choosing a model or models and associated methods and assumptions to be used in hot-spot analyses and regional emissions analyses (see Table D, action step number 1);

(b) determining which minor arterials and other transportation projects should be considered "regionally significant" for the purposes of regional emissions analysis (in addition to those functionally classified as principal arterial or higher or fixed guideway systems or extensions that offer an alternative to regional highway travel) (see Table D, action step number 1), and which projects should be considered to have a significant change in design concept and scope from the transportation plan or TIP (see Table D, action step number 2);

(c) evaluating whether projects otherwise exempted from meeting the requirements of 40 CFR Part 93, subpart A (see 40 CFR 93.126 and 93.127) should be treated as nonexempt in cases where potential adverse emissions impacts may exist for any reason (see Table E);

(d) determining, as required by 40 CFR 93.113(c)(1), whether past obstacles to implementation of transportation control measures ("TCMs") that are behind the schedule established in the applicable implementation plan have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding for TCMs. This process shall also consider whether delays in TCM implementation necessitate revisions to the applicable implementation plan to remove TCMs or substitute TCMs or other emission reduction measures (see Table D, action step number 3);

(e) identifying, as required by 40 CFR 93.123(b), projects located at sites in PM-10 nonattainment areas that have vehicle and roadway emission and dispersion characteristics that are essentially identical to those at sites for which violations have been verified by monitoring, and therefore require quantitative PM-10 hot-spot analysis (see Table D, action step number 1);

(f) choosing conformity tests and methodologies for isolated rural nonattainment and maintenance areas as required by 40 CFR 93.109(l)(2)(iii) (see Table D, action step number 1);

(g) determining which transportation plan or TIP revisions or amendments merely add or delete exempt projects listed in 40 CFR Part 93, subpart A (see Table E);

(h) consulting on emissions analysis for transportation activities which cross the borders of MPOs or nonattainment areas or air basins (see Table D, action step number 1);

(i) whenever the MPO does not include the entire nonattainment or maintenance area, determining conformity of all projects outside the metropolitan area and within the nonattainment or maintenance area (see Table D, action step number 1);

(j) designing, scheduling, and funding research and data collection efforts and regional transportation model development by the MPO or MDT (e.g., household/travel transportation surveys) (see Table A, action step number 1).

History: 75-2-111, MCA; IMP, 75-2-202, MCA; NEW, 1996 MAR p. 2299, Eff. 8/23/96; AMD, 1999 MAR p. 1216, Eff. 6/4/99; AMD, 2005 MAR p. 959, Eff. 6/17/05.

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