Mont. Admin. r. 17.8.1305
ACTION: Research and Data Collection.
RESPONSIBLE ENTITY: MDT, DEQ, MPO, local air quality and transportation planning agencies
| Action Step | Consult with | When to Consult | Consultation Method | Consultation Documentation |
| 1. Design/scheduling funding of research and data collection for transportation related air quality inventories, transportation modeling, or planning efforts | local air and transportation agencies, MPO, DEQ, MDT | before starting research or data collection | letter of notification (meet at consulted agency request) | not required |
| 2. Completion of project | same as above | project completion | distribute summary of findings | not required |
TABLE B
ACTION: Preparation or revision of emission inventory (involving transportation-related emission sources).
RESPONSIBLE ENTITY: Local air quality agency or DEQ.
| Action Step | Consult with | When to Consult | Consultation Method | Consultation Documentation |
| 1. Selection of methods, models, assumptions, data sources for determining transportation emissions | local transportation and air agencies, MPO, DEQ, MDT, EPA, FHWA, FTA | before starting analysis using these parameters | letter of notification (meet at consulted agency request) | describe consultation, response, and response use in draft inventory |
| 2. Release of draft emission inventory | same as above | release of draft inventory | distribution of draft inventory | discuss in final inventory |
| 3. Release of final emission inventory | same as above | release of final inventory | distribution of final inventory * | not required |
* If consultation on draft does not result in any revisions, distribution of a separate final document is not required. In this case consulted agencies may simply be notified that the draft has been adopted as final. TABLE C
ACTION: Preparation or revision of air quality control plan.
RESPONSIBLE ENTITY: Local air quality agency or DEQ.
| Action Step | Consult with | When to Consult | Consultation Method | Consultation Documentation |
| 1. Selection of methods, models, assumptions, data sources for determining transportation-related emissions* | local transportation and air agencies, MPO, DEQ, MDT, FTA, FHWA, EPA | before starting analysis using these parameters | letter of notification(meet at consulted agency request) | describe consultation, response, and response use in draft control plan |
| 2. Selecting transportation-related control strategies, transportation control measures (TCMs), and proposed transportation emissions budget | same as above | before strategy /TCM selection and budget allocation | letter of notification(meet at consulted agency request) | draft control plan |
| 3. Distribution of draft control plan | same as above | release of proposed control plan | Distribute proposed control plan | Written response to consulted agency comment |
| 4. State conflict resolution appeal period, per ARM 17.8.1312 | local transportation and air agencies, MPO, DEQ, MDT | initiated by responsible entity written response to comments on draft | appeals to governor by consulted agencies | discuss comments on draft, appeals (if any), and appeal resolution in final document |
| 5. Adoption of final control plan (emission budget determination) | local transportation and air agencies, MPO, DEQ, MDT, FHWA, FTA, EPA | upon end of appeal period or resolution of any appeals | distribute final control plan** | not required |
* Consultation at this step is not required if these factors are unchanged from those used in an emission inventory on which consultation requirements were fulfilled.
** If consultation on draft does not result in an appeal to the governor or in any revisions to the draft, distribution of a separate final document is not required. In this case consulted agencies may simply be notified that the draft has been adopted as final.
TABLE D
ACTION: Transportation Conformity Determination (for Transportation Plan, Transportation Improvement Program (TIP), Transportation Project, and Hot-Spot Analyses.
RESPONSIBLE ENTITY: MPO (MDT outside metropolitan areas and for issues covered in ARM 17.8.1310(1)(h) and (i)) .
** NOTE **For guidance relating to the specific action steps required for plan, TIP, project, or hot-spot analysis (and directions for accomplishing those steps) refer to 40 CFR Part 93.
| Action Step | Consult with | When to Consult | Consultation Method | Consultation Documentation |
| 1. Selection of methods, models, assumptions, data sources, and routes (including any minor arterials and projects otherwise exempted) to be used in emissions analysis* | local transportation and air agencies, DEQ, MDT, FHWA, FTA, EPA | before starting analysis using these parameters | letter of notification (meet at consulted agency request) | discuss consultation, response, and response use in draft determination |
| 2. Identify projects to be included in the analysis (include exempt projects treated as nonexempt)* | same as above | upon initial selection and any revisions during analysis | same as above | same as above |
| 3. Determine TCM implementation status per 40 CFR 93.113 * | same as above | before starting emission analysis | same as above | discuss in draft conformity determination |
| 4. Draft conformity determination release | same as above | before or with draft plan, TIP, or project document release | distribute determination | written response to comment on draft determination |
* Consultation on these steps will often be done concurrently.
(Table D continued next page) Table D (Continued)
| Action Step | Consult with | When to Consult | Consultation Method | Consultation Documentation |
| 5. State conflict resolution appeal period, per ARM 17.8.1312 | local air and transportation agencies, MPO, DEQ, MDT | initiated by responsible entity written response to comments on draft determination | appeals to governor by consulted agencies | discuss comments on draft, appeals (if any), and appeal resolution in final determination |
| 6. Responsible entity final conformity determination | FHWA, FTA (notify local air and transportation agencies, MPO, DEQ, MDT) | upon conclusion of appeal period or resolution of any appeals | distribute and request concurrence from FHWA and FTA | not required |
| 7. Conformity determination concurrence by FHWA and FTA | local air and transportation agencies, DEQ, MDT, FHWA, FTA, EPA | upon notice of FHWA and FTA concurrence | distribute final plan, TIP, or project document | summarize consultation process and conformity determination in final plan, TIP, or project document |
ACTION: Determination that a transportation plan or TIP revision or amendment merely adds or deletes exempt projects listed in 40 CFR 93.126.
RESPONSIBLE ENTITY: MPO or MDT.
| Action Step | Consult with | When to Consult | Consultation Method | Consultation Documentation |
| 1. Identification of projects included in the revision or amendment and initial finding that all are exempt and do not hinder TCM implementation | local transportation and air agencies, DEQ, MDT, FHWA, FTA, EPA | upon preliminary determination that all projects are exempt | letter of notification (meet at consulted agency request) | describe consultation, response, and response use in notice of final determination |
| 2. Determination that all included projects are exempt and do not interfere with TCM implementation | same as above | upon responsible entity determination | same as above | not required |
| OR 3. Determination that one or more included projects are not exempt or do interfere with TCM implementation | same as above | upon responsible entity determination | same as above | implement conformity determination process, per Table D |
Mont. Admin. r. 17.8.1305
75-2-111, MCA; IMP, 75-2-202, MCA;