Ozone-Reduction Strategies for Transit Toolbox

Committing to the implementation of a particular strategy can have legal ramifications depending on the manner in which the commitment is made. Localities considering these strategies must also consider the legal ramifications of pursuing them. Localities can make a commitment to these implement these strategies by including them in several different documents. The most likely documents to be impacted include transit development plans (TDPs), long range transportation plans (LRTPs), state implementation plan (SIPs), transportation improvement plan (TIP), and state transportation improvement plan (STIP).

TDP
Florida requires that transit agencies complete a major TDP every five years. The document is updated every year with a progress report. The TDP has a ten-year planning horizon. Florida requires transit agencies to develop a plan, but it does not have to be cost-affordable. Inclusion of an ozone-reduction strategy in the TDP does not have any legal implication in and of itself.

LRTP
Localities may also include these strategies in LRTPs. The LRTP is a direct MPO requirement as part of the metropolitan planning process and is a central part of planning a strategic transportation network system and for mobility in an area. Major updates to the LRTP occur every five years, with the planning horizon set for 25 years. In non-attainment areas LRTPs are required to undergo a major update every four years. Projects identified in the LRTP can take up to 25 years before being designed or built, depending on the phasing. The Congestion Management Process (CMP) identifies specific strategies to reduce congestion and is integrated into the LRTP process. The CMP serves as an interim implementation strategy for qualifying projects such as ride matching projects.

To be included in the LRTP, transit agencies must contact the MPO to determine its local process for project identification. Being included in the LRTP has several benefits, including recognition as part of the overall mobility plan for the area and prioritization of projects in interim funding decisions, both locally and statewide. Further, each MPO submits a list of prioritized projects selected from the LRTP and other local planning processes annually to its respective FDOT District. These projects are then considered for funding approval from various funding sources and added to the FDOT Work Program for funding within the next five years.

Projects identified in the LRTP are dependent on funding availability and are subject to implementation through other local interim and funding plans. Legal implications are minimal however, continued qualification for federal transportation funding in a metropolitan area requires certification of the planning process as compliant with federal requirements, including conformity to air quality standards. For more information on the impact of a specific strategy, coordination with the applicable MPO is recommended.

SIP
A SIP is a state plan for meeting the Clean Air Act’s requirements, in particular NAAQSs. To be included in the SIP, projects typically are included in a locally-completed SIP element and then integrated into the statewide SIP. (For information on how Florida develops its state implementation plan (SIP), please visit the Florida Department of Environmental Protection’s (DEP) website, http://www.dep.state.fl.us/ air/air_quality/new_ozone_standard.htm.) After reasonable notice and public hearing, the SIP is then submitted to EPA. SIPs submitted to EPA to attain or maintain the NAAQS must include enforceable emission limitations and other control measures, schedules, and timetables for compliance.

EPA evaluates submitted SIPs to determine whether they meet the CAA’s requirements. If a SIP meets the requirements, EPA will approve the SIP. EPA's notice of approval is published in the Federal Register and the approval is then codified in the CFR at 40 CFR Part 52. Once EPA approves a SIP, it is enforceable by EPA and citizens in federal district court.
If a project is added to the SIP, then it must be implemented or another acceptable project must be substituted in its place. Substituting projects is a difficult process and may trigger a conformity determination. If the project is not implemented or a suitable substitute is not identified, there is a risk of the area losing federal funding for lack of conformity. The process to amend or update the SIP can be complicated and take extensive actions. Lack of funding is not considered an acceptable justification for failing to implement a strategy identified in the SIP. Additionally, justification reports and performance monitoring become all the more crucial when implementing projects in the SIP.

TIP and SIP
The Transportation Improvement Plan (TIP) is the short-range implementation plan developed in each metropolitan area to identify all transportation projects that are being scheduled for the next three to five years. The TIP lists each project including a detailed description or project limit, estimated cost, anticipated funding sources, and each phase of development. The State Transportation Improvement Plan (STIP) includes the projects for each metropolitan area, all rural counties, and those statewide in scope. The STIP is reviewed and approved by the U.S. Department of Transportation (DOT) and is used to verify project compliance when awarding federal transportation grants and authorizing federal funding sources. Inclusion in one or both of these documents is necessary to access most federal and state funding. Coordinating with applicable MPO and FDOT District staff is recommended.


TRANSIT OZONE-REDUCTION STRATEGIES TOOLBOX
Legal Implications
	Committing to the implementation of a particular strategy can have legal ramifications depending on the manner in which the commitment is made. Localities considering these strategies must also consider the legal ramifications of pursuing them. Localities can make a commitment to these implement these strategies by including them in several different documents. The most likely documents to be impacted include transit development plans (TDPs), long range transportation plans (LRTPs), state implementation plan (SIPs), transportation improvement plan (TIP), and state transportation improvement plan (STIP). TDP Florida requires that transit agencies complete a major TDP every five years. The document is updated every year with a progress report. The TDP has a ten-year planning horizon. Florida requires transit agencies to develop a plan, but it does not have to be cost-affordable. Inclusion of an ozone-reduction strategy in the TDP does not have any legal implication in and of itself. LRTP Localities may also include these strategies in LRTPs. The LRTP is a direct MPO requirement as part of the metropolitan planning process and is a central part of planning a strategic transportation network system and for mobility in an area. Major updates to the LRTP occur every five years, with the planning horizon set for 25 years. In non-attainment areas LRTPs are required to undergo a major update every four years. Projects identified in the LRTP can take up to 25 years before being designed or built, depending on the phasing. The Congestion Management Process (CMP) identifies specific strategies to reduce congestion and is integrated into the LRTP process. The CMP serves as an interim implementation strategy for qualifying projects such as ride matching projects. To be included in the LRTP, transit agencies must contact the MPO to determine its local process for project identification. Being included in the LRTP has several benefits, including recognition as part of the overall mobility plan for the area and prioritization of projects in interim funding decisions, both locally and statewide. Further, each MPO submits a list of prioritized projects selected from the LRTP and other local planning processes annually to its respective FDOT District. These projects are then considered for funding approval from various funding sources and added to the FDOT Work Program for funding within the next five years. Projects identified in the LRTP are dependent on funding availability and are subject to implementation through other local interim and funding plans. Legal implications are minimal however, continued qualification for federal transportation funding in a metropolitan area requires certification of the planning process as compliant with federal requirements, including conformity to air quality standards. For more information on the impact of a specific strategy, coordination with the applicable MPO is recommended. SIP A SIP is a state plan for meeting the Clean Air Act’s requirements, in particular NAAQSs. To be included in the SIP, projects typically are included in a locally-completed SIP element and then integrated into the statewide SIP. (For information on how Florida develops its state implementation plan (SIP), please visit the Florida Department of Environmental Protection’s (DEP) website, http://www.dep.state.fl.us/ air/air_quality/new_ozone_standard.htm.) After reasonable notice and public hearing, the SIP is then submitted to EPA. SIPs submitted to EPA to attain or maintain the NAAQS must include enforceable emission limitations and other control measures, schedules, and timetables for compliance. EPA evaluates submitted SIPs to determine whether they meet the CAA’s requirements. If a SIP meets the requirements, EPA will approve the SIP. EPA's notice of approval is published in the Federal Register and the approval is then codified in the CFR at 40 CFR Part 52. Once EPA approves a SIP, it is enforceable by EPA and citizens in federal district court. If a project is added to the SIP, then it must be implemented or another acceptable project must be substituted in its place. Substituting projects is a difficult process and may trigger a conformity determination. If the project is not implemented or a suitable substitute is not identified, there is a risk of the area losing federal funding for lack of conformity. The process to amend or update the SIP can be complicated and take extensive actions. Lack of funding is not considered an acceptable justification for failing to implement a strategy identified in the SIP. Additionally, justification reports and performance monitoring become all the more crucial when implementing projects in the SIP. TIP and SIP The Transportation Improvement Plan (TIP) is the short-range implementation plan developed in each metropolitan area to identify all transportation projects that are being scheduled for the next three to five years. The TIP lists each project including a detailed description or project limit, estimated cost, anticipated funding sources, and each phase of development. The State Transportation Improvement Plan (STIP) includes the projects for each metropolitan area, all rural counties, and those statewide in scope. The STIP is reviewed and approved by the U.S. Department of Transportation (DOT) and is used to verify project compliance when awarding federal transportation grants and authorizing federal funding sources. Inclusion in one or both of these documents is necessary to access most federal and state funding. Coordinating with applicable MPO and FDOT District staff is recommended.

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