Technical Planning Committee Tuesday, May 12, 2020, 10:00 A.M.

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Agenda

6100 Southport Road

Portage, Indiana 46368

(219) 763-6060

www.nirpc.org

1. Call to Order by Chairman

2. Pledge of Allegiance; Introductions

3. Minutes of the March 3, 2020 meeting ACTION REQUESTED: Approval

2.0 Public Comment on Agenda Items

This is an opportunity for comments from members of the audience. The amount of time available to speak will be limited to 3 minutes. Commenters must indicate their wish to comment on the sign in sheet.

1. Planning

2. Living Streets Presentation (pp. 1-6)

   Staff will present on the draft Policy & Guidelines which will be open for review until the June TPC meeting.

   INFORMATIONAL: (No Action Required)

   
   

3. Conformity Planning

   1. Public Comment Report on Conformity Planning (pp. 7)

      Staff will present the public comment report on Conformity Planning.

   2. Resolution #20-10, Conformity Planning (pp. 8-30)

      Staff will present the draft Conformity Planning document.

      ACTION REQUESTED: Vote to Recommend

      
      

4. NWI 2050 Plan Amendment #1

   1. NWI 2050 Plan Amendment #1 - Public Comment Report (pp. 31-32)

      Staff will present the public comment report on the NWI 2050 Plan Amendment #1.

   2. Resolution #20-13, NWI 2050 Plan Amendment #1 (pp. 33-35)

      Staff will present the draft changes included in Amendment #1 to the NWI 2050 Plan.

      ACTION REQUESTED: Vote to Recommend

      
      

5. Resolution #20-15, FY 2021-2022 Unified Planning Work Program (UPWP) (pp. 36)

Staff will present the draft UPWP

ACTION REQUESTED: Vote to Recommend

1. Programming

2. Transportation Improvement Program (TIP) Amendment #5 FY 2020-2024

   1. TIP Amendment #5 Public Comment Report (pp. 37-38)

      Staff will present the public comment report on Amendment #5 to the TIP.

   2. Resolution #20-11, TIP Amendment #5 (pp. 39-81)

      Staff will present the draft changes included in Amendment #5 to the TIP.

      ACTION REQUESTED: Vote to Recommend

3. Transportation Improvement Program (TIP) Amendment #6 FY 2020-2024

   1. TIP Amendment #6 Public Comment Report (pp. 37-38)

      Staff will present the public comment report on Amendment #6 to the TIP.

   2. Resolution #20-12, TIP Amendment #6 (pp. 82-89)

      Staff will present the draft changes included in Amendment #6 to the TIP.

      ACTION REQUESTED: Vote to Recommend

4. Transportation Improvement Program (TIP) Amendment #7 FY 2020-2024

   1. TIP Amendment #7 Public Comment Report (pp. 37-38)

      Staff will present the public comment report on Amendment #7 to the TIP.

   2. Resolution #20-14, TIP Amendment #7 (pp. 90-93)

Staff will present the draft changes included in Amendment #7 to the TIP.

ACTION REQUESTED: Vote to Recommend

5.0 Topical Committee Reports

No Committee Reports for May

6.0 Reports from Planning Partners

1. Other Business, Staff Announcements and Upcoming Meetings

2. Other Business

3. Staff Announcements

4. NIRPC Meetings/Events

8.0 Next Meeting

The next Technical Planning Committee meeting is scheduled for Tuesday, June 9, 2020 at 10:00 a.m. in the Lake Michigan Room at NIRPC offices.

9.0 Adjournment

Requests for alternate formats, please contact nirpc@nirpc.org at least 72 hours prior to the meeting. Individuals with hearing impairments may contact us through the Indiana Relay 711 service by calling 711 or (800) 743-3333. The Northwestern Indiana Regional Planning Commission (NIRPC) prohibits discrimination in all its programs and activities on the basis of race, color, sex, religion, national origin, age, disability, marital status, familial status, parental status, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program.

Technical Planning Committee Lake Michigan Room, Portage, IN March, 3 2020 10:00 a.m.

Minutes

Kevin Breitzke called the meeting to order at 10:05 a.m. with the Pledge of Allegiance and Self- introductions. The meeting was streamed on YouTube at https://youtu.be/RdF59G9dgSo

Committee members present were ( Kevin Breitzke, Mark O’Dell, George Topoll, Dean Button, Kay Nelson, Jessica Miller, Beth West, Robin Barzoni-Tillman, and Kelly Wenger.

Others present were David Wright, Jake Dammarell, Christoopher Murphy, Doug Ferguson, Sandy Kolb, Lauri Keagle, Steve King, Jake, Jeff Huett.

Staff present were Mitch Barloga, James Winters, Scott Weber, Kevin Polette, Charles Bradsky, Dominique Edwards, Kathy Luther, Peter Kimball, and Flor Baum.

The minutes of the January 14, 2020 meeting were approved on motion by Kay Nelson and a second by Robin Tillman.

Public Comments

Key Nelson The second round of the VW trust fund application process will be posted this month.

Planning

The presentation for Resolution #20-05, Title VI Program was removed.

Scott Weber presented on the Congestion Management Process (CMP). NIRPC is Federally required to administer a CMP for Northwest Indiana, since it is a region greater than 200,00 people. A CMP is a framework for managing congestion in a way that suits users’ expectations. The final draft of the CMP will be presented to the Commission in May to officially adopt the document.

Scott also conducted an anonymous polling, with present members, with a focus on objectives and strategies of the CMP.

Programming

Charles Bradsky presented on the Programming highlights from the Transportation Resource Oversight Committee (TROC). TROC met in December and made changes to the Transportation Improvement Program (TIP). The changes will be out for public comment, and the amended changes will be in April.

Topical Committee Reports

Kathy Luther reported on the Environmental Management Policy Committee (EMPC). An executive order was declared from Governor Holcomb, regarding the Lake Michigan shoreline erosion to assist in Lake Michigan Shoreline relief. Lauri Keagle mentioned that materials for the emissions testing educational event can be found on the website.

Mitch Barloga shared with the committee the next scheduled Ped, Pedal, and Paddle Committee (3PC) meeting will be on March 5, 2020 at 1:00 p.m.

Scott Weber stated the next scheduled Surface Transportation Committee (STC) meeting will be on May 5, 2020 at 9:00 a.m.

Other Business, Staff Announcements and Upcoming Meetings

James Winters presented on Emerging Transportation Trends, providing an overview of innovative transportation-related best practices and policies. Two videos on microtransit were presented to the committee.

Announcements and upcoming dates were shared with the committee. Next Meeting

The next Technical Planning Committee meeting will be on April 7, 2020 at 10:00 a.m. in NIRPC’s Lake Michigan Room. Hearing no other business, Kevin Breitzke adjourned the meeting at 10: 41 a.m.

DRAFT 5-4-20

RESOLUTION 20-XX

A RESOLUTION IMPLEMENTING LIVING STREETS GUIDELINES FOR NIRPC-PROGRAMMED TRANSPORTATION PROJECTS

WHEREAS, the Northwestern Indiana Regional Planning Commission (NIRPC) promotes an equitable and effective multimodal, regional land use/transportation system that is safe, as well as energy, environmentally and fiscally efficient, maximizes regional connectivity, serves the mobility needs of all citizens, utilizes stormwater runoff mitigation best practices, improves the health of the general public, and is environmentally sensitive; and

WHEREAS,, NIRPC promotes sustainable transportation that encourages walking, rolling, bicycling and transit use while promoting safe operations for all users, while improving the natural and built environment via the integration of more energy efficient and ecologically friendly management practices, as increased walking, rolling and cycling offers the potential for better air quality, reduces motor traffic, curbs fossil fuel reliance, fosters a more efficient right-of-way, promotes greater health of the local population and manages stormwater runoff while allowing for the implementation of permeable surfaces, referred to commonly as “Green Streets” concepts; and

WHEREAS, "Complete Streets" are roadways that accommodate safe, efficient and equitable access for all users by law including pedestrians, bicyclists, motorists and transit riders of all ages and abilities; and

WHEREAS, Complete Streets are achieved when transportation agencies routinely plan, design, construct, re-construct, operate, and maintain the transportation network to improve travel conditions for all users of the roadway, and adopt methods that increase the longevity, accessibility, and efficiency of the roadway in a manner consistent with, and supportive of, the surrounding community; and

WHEREAS, increasing active and sustainable transportation (e.g., walking, rolling, bicycling, using public transportation and low-emission vehicles) offers the potential for improved public health, economic development, a cleaner environment, reduced transportation costs, enhanced community connections, social equity, and more livable communities; and

WHEREAS, Complete Streets principles have been, and continue to be, adopted nationwide at state, regional, and municipal levels in the interest of adherence to federal regulations that promote multimodal transportation options and accessibility for all users, including NIRPC’s 2010 Complete Streets Policy & Guidelines; and

WHEREAS, “Green Streets” represent a stormwater management approach that incorporates vegetation (perennials, shrubs, trees), soil, and engineered systems to slow, filter, and cleanse stormwater runoff from impervious surfaces (e.g., streets, sidewalks); and

WHEREAS, NIRPC seeks to combine both Complete and Green Streets principles into a unified policy called “Living Streets;” and

WHEREAS, Living Streets provide for the development of pedestrian, rolling, bicycle, transit and electric vehicle charging infrastructure, green stormwater infrastructure, and ecological revitalization which offers long term cost savings, public health improvements, pollution reduction, water quality and habitat improvement, increases green space while reducing fossil fuel demands, and creates safe opportunities for convenient active transportation; and

WHEREAS, Living Streets improvements follow Universal Design principles that include, but are not limited to, marked bicycle lanes on the roadway, paved shoulders, signed bike routes, safe access to bus stops, shared use paths, sidewalks, bicycle parking facilities, marked or raised street crossings (including over- and under passes), pedestrian signals, signs and auditory cues, multi-purpose spaces, vegetated swales, green gutters, rain gardens, stormwater curb extensions, pervious paving, stormwater planters, increased green space, and urban street trees; and

WHEREAS, providing access for people with disabilities is a civil rights mandate that is not subject to limitation by project costs, levels of use, or "exceptional circumstances” where the Americans with Disabilities Act requires pedestrian facilities that, when newly constructed or altered, be accessible; and

WHEREAS, NIRPC is responsible for planning and programming transportation projects that utilize federal grants which adhere to goals and objectives from previously adopted documents such as the NWI 2050 Plan, Creating Livable Communities, Greenways+Blueways 2020 Plan, the Marquette Action Plan, and other applicable documents; and

WHEREAS, it is NIRPC's vision to undertake bold planning initiatives that positively impact Northwestern Indiana's future to create a strong, accessible, safe, sustainable, climate-resilient, clean and high-quality environment in which to live, work and play.

NOW, THEREFORE, BE IT RESOLVED that NIRPC supports the concept of Living Streets and hereby establish the attached Guidelines to incorporate Living Streets facilities to the most practicable extent as proposed by the project sponsor in all transportation projects using NIRPC-attributable federal funds;

BE IT FURTHER RESOLVED that Living Streets Guidelines are hereby established wherein project sponsors need to provide in the written request for federal funding documentation providing for the inclusion of Living Streets facilities in the proposed project seeking NIRPC-attributable funds and application materials must include a description of the facilities;

BE IT FURTHER RESOLVED that sponsors using other local, state, or non-NIRPC attributable federal funds be encouraged to accommodate practicable Living Streets facilities, in the planning and design of all proposed transportation projects;

BE IT FURTHER RESOLVED that NIRPC-based stakeholder committees responsible for various funding priorities utilize these Living Street Guidelines and review proposed project descriptions to account for Living Streets adherence and providing

exemptions to projects where deemed appropriate.

Duly adopted by the Northwestern Indiana Regional Planning Commission on this historic day somewhere in the near future.

NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION

Living Streets Planning & Design Guidelines

Below are planning and design guidelines to assist project sponsors in the accommodation of all users (bicyclists, pedestrians, transit users, motorists and people with disabilities, hereafter referred to as “Living Streets” facilities). Project sponsors shall use these guidelines in planning for and designing their projects. The Guidelines will be used by NIRPC staff and relevant committees as the proposed project is processed through current project selection and planning review.

1. Living Streets facilities shall be established on rehabilitation, restoration, and

   resurfacing (3R), partial 3R, and new construction and reconstruction (4R) projects unless one or more of the following conditions are met (entities will be required to provide evidence for justification of exemption(s):

   1. Where non-motorized users are prohibited by law from using the roadway.

      In this instance, the applicant should accommodate Living Streets facilities as practicable within the right of way or within the same transportation corridor. Such projects shall still be inclined to incorporate green infrastructure improvements referenced in the above document.

   2. The cost of establishing Living Streets facilities that meet applicable standards would exceed 15% of the cost of the larger transportation project. Eligible costs may include additional right-of-way acquisition, utility relocation, utility replacement by way of natural infrastructure, vegetative additions, and other construction costs with the establishment of said facilities.

   3. Where the project consists of minor maintenance or repair (reconstruction is not included). Minor projects include, but are not limited to, emergency and periodic/preventative maintenance.

   4. Where the project consists primarily of the installation of traffic control or safety

      devices and little or no additional right-of-way is to be acquired.

   5. There are topographic or natural resource constraints.

   6. Where factors indicate an absence of need.

   7. Where existing Living Streets facilities currently exists or are scheduled for construction within or near the corridor.

      
      

2. On proposed 3R and 4R projects that do not increase vehicular capacity, Living Streets facilities shall be incorporated where applicable and as proposed by the project sponsor including in the following ways:

   1. Resurfacing including striping for additional shoulder width and/or crosswalks, as well as bike lanes where feasible in urban settings.

   2. Signalization including installation of pedestrian activated signals, and/or review of proper operation and timing of pedestrian phases.

   3. Restriping sufficiently wide pavements and bridge decks for additional shoulder width in accordance with applicable federal guidelines.

   4. Bridge deck replacement with extension of bridge deck (or other means) to accommodate all users.

   5. In cases where an adopted regional or local plan proposes a bikeway, rolling or pedestrian way that would pass under or over a bridge that is to be reconstructed, the bridge shall be reconstructed to accommodate intended users.

   6. Intersection upgrades including crosswalks and pedestrian actuated signals.

   7. In rural areas, paved shoulders should be included in all new construction and reconstruction projects on roadways used by more than 1,000 vehicles per day (ADT). Shoulders with a minimum of five-foot paved asphalt width preferred, accompanied by bicycle-friendly rumble strips. Paved shoulders have safety and operational advantages for all road users in addition to providing a place for bicyclists and pedestrians to operate.

   8. Right-of-way flooding.

   9. In places where additional vegetation can lead to improved pollinator habitat, heating/cooling cost savings, and increased public health.

3. The design and development of the transportation infrastructure shall improve conditions for all users by:

   1. Planning projects for the long-term. The design and construction of new transportation facilities should presume demand for all users, aim to improve health and increase ecological resilience, and not preclude the provision of future improvements. In particular, where development is projected to change the character of an area from rural to suburban to urban over the long-term, it is encouraged that adequate right-of-way and infrastructure be established as part of a near-term project to accommodate future facilities where applicable. Every project should be planned and designed with the ultimate, long- term goal of creating, over time, Living Streets facilities.

   2. Connecting Living Streets facilities across jurisdictional boundaries. As the metropolitan planning organization, NIRPC has a vantage point from which to recommend to the jurisdictions the connection and continuity of facilities for all users for the purpose of qualifying for federal funding. One way which NIRPC does this is through the Comprehensive Regional Plan which is updated every five years.

   3. Designing context-appropriate facilities to the best currently available standards and guidelines. The design of said facilities shall be in accordance with applicable federal guidelines.

   4. Addressing the need for bicyclists, rollers and pedestrians to cross corridors as well as travel along them. Even where bicyclists, rollers and pedestrians may not commonly travel along a corridor that is being improved or constructed, they will likely need to be able to cross that corridor safely and conveniently. For instance, a roadway project that does not contain a bike facility (interstate highway) should address bridge crossings that are hostile for bicycles, rollers and pedestrians. Therefore, the design of intersections and interchanges shall accommodate cyclists, rollers and pedestrians in a manner that is safe, accessible and convenient.

   5. Creating a more connected, renewed, united and vibrant Northwest Indiana. Living Streets projects support NIRPC’s planning initiatives including those that address climate change and its potential impacts.

6100 Southport Road

Portage, Indiana 46368

(219) 763-6060

www.nirpc.org

Public Comment Report

Air Quality Conformity Determination Report for NWI 2050 Amendment No. 1 and FY 2020-2024 Transportation Improvement Program Amendment No. 7 | March 6, 2020

The draft of the Air Quality Conformity Determination Report for NWI 2050 Amendment No. 1 and FY 2020-2024 Transportation Improvement Program Amendment No. 7 was released for a 30-day public comment period beginning March 6, 2020. A draft of the document was made available at www.nirpc.org and emailed to stakeholders.

There were no public comments received. An update will also be provided at the NIRPC Commission meeting on May 21, 2020.

6100 Southport Road

Portage, Indiana 46368

(219) 763-6060

www.nirpc.org

RESOLUTION 20-10

A RESOLUTION OF THE NORTHWESTERN INDIANA

REGIONAL PLANNING COMMISSION MAKING THE AIR QUALITY CONFORMITY DETERMINATION FOR THE NWI 2050 PLAN AMENDMENT NO. 1 AND THE 2020 TO 2024 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT NO. 2 WITH RESPECT TO OZONE

May 21, 2020

WHEREAS, Northwest Indiana’s citizens require a safe, efficient, effective, resource- conserving regional transportation system that maintains and enhances regional mobility and contributes to improving the quality of life in Northwest Indiana; and

WHEREAS, the Northwestern Indiana Regional Planning Commission, hereafter referred to as “the Commission”, being designated the Metropolitan Planning Organization (MPO) for the Lake, Porter and LaPorte County area, has established a regional, comprehensive, cooperative, and continuing (3-C) transportation planning process to develop the unified planning work program, a transportation plan, and a transportation improvement program to facilitate federal funding for communities, counties, and transit operators, and to provide technical assistance and expertise to regional transportation interests; and

WHEREAS, the Commission performs the above activities to satisfy requirements of the Fixing America's Surface Transportation (FAST) Act of 2015 (PL 114-94), applicable portions of all prior federal transportation program authorizing legislation, as well as other federal, state, and local laws mandating or authorizing transportation planning activities; and

WHEREAS, the implementation of the Clean Air Act Amendments of 1990 has established National Ambient Air Quality Standards for ozone; and

WHEREAS, Lake and Porter Counties have been designated as a nonattainment area with respect to the 2008 “8-hour” standard for ozone; and LaPorte County has been designated as a maintenance area with respect to the 1997 “8-hour” standard for ozone; and

WHEREAS, the United States Environmental Protection Agency’s Transportation Conformity Rule in 40 CFR Parts 51 and 93 requires all Transportation Conformity non-exempt and regionally significant projects included in a Metropolitan Planning Organization’s transportation improvement program to be referenced to that Metropolitan Planning Organization’s transportation plan; and

WHEREAS, the NWI 2050 Plan is the Metropolitan Planning Organization’s transportation plan and the 2020 to 2024 Transportation Improvement Program is the Metropolitan Planning Organization’s transportation improvement program; and

WHEREAS, the Commission’s Interagency Consultation Group on Air Quality comprised of the Commission, the Federal Highway Administration, the Federal Transit Administration, the Environmental Protection Agency, the Indiana Department of Environmental Management, and the Indiana Department of Transportation reviewed the Air Quality Conformity Determination Report and recommended its adoption by the Commission; and

WHEREAS, the Commission has solicited public comment on the Air Quality Conformity Determination Report between March 6, 2020 and April 5, 2020; and

WHEREAS, the Commission’s Technical Planning Committee recommended Resolution 20-10 to the Commission for adoption;

NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby adopts the Air Quality Conformity Determination for the NWI 2050 Plan Amendment No. 1 and the 2020 to 2024 Transportation Improvement Program Amendment No. 7 with respect to ozone.

Duly adopted by the Northwestern Indiana Regional Planning Commission this twenty first day of May, 2020.

Michael Griffin Chairperson

ATTEST:

Justin Kiel Secretary

Air Quality Conformity Determination Report

Between

NWI 2050 Plan Amendment #1,

The 2020 to 2024 Transportation Improvement Program (2020-2024 TIP) Amendment

#7

and

The Indiana State Implementation Plan (SIP)

May 21, 2020

Northwestern Indiana Regional Planning Commission

www.nirpc.org

Table of Contents

This Air Quality Conformity Determination Report between the NWI 2050 Plan Amendment #1, the 2020 to 2024 Transportation Improvement Program (2020-2024 TIP) Amendment #7 and the Indiana State Implementation Plan (SIP) was prepared by the Northwestern Indiana Regional Planning Commission (NIRPC). Individuals from the following agencies (hereafter collectively referred to as the Interagency Consultation Group on Air Quality or ICG) contributed their efforts towards the completion of the Air Quality Conformity Determination Report. They include:

• Northwestern Indiana Regional Planning Commission (NIRPC)

• Indiana Department of Transportation (INDOT)

• Indiana Department of Environment Management (IDEM)

• Federal Highway Administration (FHWA)

• Federal Transit Administration (FTA)

• United States Environmental Protection Agency (EPA)

As part of its transportation planning process as a Metropolitan Planning Organization, NIRPC at least every 4 years is required to develop both a Metropolitan Transportation Plan, a plan of the Northwestern Indiana Region’s priorities for the next few decades, as well as a Transportation Improvement Program, a listing of transportation projects that are consistent with the Metropolitan Transportation Plan. Because NIRPC administers these transportation planning requirements in at least one area designated by the United States Environmental Protection Agency (EPA) as nonattainment or maintenance for one or more criteria pollutants in the Clean Air Act (CAA), NIRPC is also subjected to air quality conformity requirements.

The Clean Air Act (CAA) section 176(c) (42 U.S.C. 7506(c)) requires that federally funded or approved highway and transit activities are consistent with (“conform to”) the purpose of the State Implementation Plan (SIP). Conformity to the purpose of the SIP means that transportation activities will not cause or contribute to new air quality violations, worsen existing violations, or delay timely attainment of the relevant NAAQS or any interim milestones (42 U.S.C. 7506(c)(1)). EPA’s air quality conformity rules establish the criteria and procedures for determining whether metropolitan transportation plans (MTPs), transportation improvement programs (TIPs), and federally supported highway and transit projects conform to the SIP (40 CFR Parts 51.390 and 93). Additionally, EPA’s air quality conformity rules dictate that any TIP amendment that includes regionally significant, non-exempt projects are also subject to air quality conformity requirements.

Of the six criteria pollutants regulated by the CAA (Ozone, Particulate Matter, Carbon Monoxide, Lead, Sulfur Dioxide, and Nitrogen Dioxide), only Ozone applies for this Air Quality Conformity Determination Report because it is the only one of the pollutants for which EPA has designated portions of the NIRPC planning area (Lake, Porter, and LaPorte Counties) nonattainment or maintenance that the ICG has found to have transportation-related emissions contributing to the nonattainment or maintenance designation. While portions of Lake County (East Chicago) are designated as a maintenance area for Particulate Matter less than 10 microns in diameter (PM10), the EPA has found onroad mobile sources (transportation) not to be significant contributors to the PM10 designation, so an air quality conformity review is not required for that standard (68 FR 1372). The EPA has made area designations for Ozone for the 1997, 2008, and 2015 National Ambient Air Quality Standards (NAAQSs). Air quality conformity must be demonstrated for the area designated under each NAAQS, unless an area for a newer designation is completely within the area from an older designation, in which case demonstrating conformity for the larger area is considered adequate for meeting the air quality conformity determination requirements. Lake and Porter Counties are designated as maintenance for the 1997 Ozone NAAQS and nonattainment for the 2008 Ozone NAAQS. Portions of northern Lake County are designated as nonattainment for the 2015 Ozone NAAQS, but since this area is completely within the area designated by the 2008 NAAQS, an air quality conformity determination for the 2008 Ozone NAAQS is adequate for the 2015 NAAQS. LaPorte County is designated maintenance for the 1997 Ozone NAAQS. Per the South Coast Air Quality Management District v. EPA decision and EPA’s Transportation Conformity Guidance for the South Coast II Court Decision, LaPorte County is subjected to less stringent air quality conformity determination requirements.

This Air Quality Conformity Determination Report was completed consistent with CAA requirements, existing associated regulations at 40 CFR Parts 51.390 and 93, and the South Coast II decision, according to EPA’s Transportation Conformity Guidance for the South Coast II Court Decision issued on November 29, 2018.

1. Background

   
   

2. Air Quality Conformity Process

The concept of air quality conformity was introduced in the Clean Air Act (CAA) of 1970, which included a provision to ensure that transportation investments conform to a State implementation plan (SIP) for meeting the Federal air quality standards. Conformity requirements were made substantially more rigorous in the CAA Amendments of 1990. The air quality conformity regulations that detail implementation of the CAA requirements were first issued in November 1993, and have been amended several times. The regulations establish the criteria and procedures for transportation agencies to demonstrate that air pollutant emissions from MTPs, TIPs and projects are consistent with (“conform to”) the State’s air quality goals in the SIP. This document has been prepared for State and local officials who are involved in decision making on transportation investments.

Air quality conformity is required under CAA Section 176(c) to ensure that Federally-supported (though not necessarily federally funded) transportation activities are consistent with (“conform to”) the purpose of a State’s SIP. Air quality conformity establishes the framework for improving air quality to protect public health and the environment. Conformity to the purpose of the SIP means Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) funding and approvals are given to highway and transit activities that will not cause new air quality violations, worsen existing air quality violations, or delay timely attainment of the relevant air quality standard, or any interim milestone.

Lake, Porter, and LaPorte Counties were designated as nonattainment for the 1997 Ozone NAAQS effective June 15, 2004 according to 69 FR 23857. On July 19, 2007, LaPorte County was reclassified to attainment with a maintenance plan (became a maintenance area) according to 72 FR 39574. On May 11, 2010, Lake and Porter Counties were reclassified to attainment with a maintenance plan (became a maintenance area) according to 75 FR 26113.

Lake and Porter Counties were designated as nonattainment for the 2008 Ozone NAAQS effective July 20, 2012 according to 77 FR 34221. EPA denied IDEM’s redesignation request for Lake and Porter Counties for attainment on January 9, 2015, so Lake and Porter Counties remain a nonattainment area for the 2008 Ozone NAAQS.

Portions of Lake County (Calumet, Hobart, North, Ross, and St. John Townships) were designated as nonattainment for the 2015 Ozone NAAQS effective August 3, 2018 according to 83 FR 25776. Since these townships are all completely within the 2008 Ozone NAAQS nonattainment area that spans all of Lake and Porter Counties, demonstrating air quality conformity for all of Lake and Porter Counties with respect to the 2008 Ozone NAAQS satisfies the requirement for demonstrating air quality conformity for the Lake County portion of the 2015 Ozone NAAQS.

1. Metropolitan Transportation Plan (MTP)

   
   

   Metropolitan Planning Organizations (MPOs) operating fully or in part in NAAQS nonattainment or maintenance areas such as NIRPC are required to develop a metropolitan transportation plan (MTP) at least every 4 years that looks out to a horizon at least 20 years in the future according to 23 CFR Part 450.324.

   
   

2. NWI 2050 Plan

   
   

   The NWI 2050 Plan was adopted by the NIRPC Full Commission on May 16, 2019.1 This plan satisfies the requirements mentioned in section 2.0 above and is the MTP for the Northwestern Indiana Region that includes all of Lake, Porter, and LaPorte Counties in Indiana.

   
   

   The NWI 2050 Plan includes the regionally significant, non-exempt transportation projects as shown in Table 2.1.1 completed since the 2017 baseline year subject to the air quality conformity requirements (see Appendix A-2 for Regional Significance Guidance)

   
   

   1 Available at: http://bit.ly/NWI2050Plan

   Table 2.1.1 Air Quality Conformity-Required Projects Included in NWI 2050 Plan

   
   

   Projects Complete by 2020	Beginning Point	End Point	Sponsor	Federal Estimated Cost (YOE)	Non-Federal Estimated Cost (YOE)
   I 65 Added Travel Lanes	US 30	SR 2	INDOT	2018: $55,800,000	2018: $6,200,000
   Cline Ave Bridge	Riley Rd Interchange	Michigan Ave Interchange	East Chicago	$0	2019: $150,000,000
   45th Ave				2016:	2016:
   Added Center	Chase St	Grant St	Lake County	$184,780	$46,195
   Turn Lane
   101st Ave				2019:	2019:
   Added Travel	Georgia St	Mississippi St	Merrillville	$2,423,000	$643,546
   Lanes
   Parrish Ave				$0	2018:
   Added Center	Joliet St	US 231	St. John		$1,950,000
   Turn Lane
   Broadway Metro Express	Gary Metro Center	Methodist Southlake Hospital	Gary Public Transportation Corporation	2017: $7,600,000	2017: $1,900,000
   US 20 Added				2018:	2018:
   Center Turn	US 421	US 35/SR	INDOT	$8,961,600	$2,240,400
   Lane		212
   US 20				2018:	2018:
   Interchange Modification at US-35/SR 212	Meer Rd	US 35/SR 212 Interchange	INDOT	$517,600	$129,400
   US 20 New Interchange at SR 2	1,590 feet from US 20/SR 2 Interchange	1,590 feet from US- 20/SR-2 Interchange	INDOT	2019: $9,398,400	2019: $2,349,600

   
   

   Projects Complete by 2025	Beginning Point	End Point	Sponsor	Federal Estimated Cost (YOE)	Non-Federal Estimated Cost (YOE)
   US 41 Added Center Turn Lane	Standard Ave	US 231	INDOT	2019: $3,991,200	2019: $997,800
   SR 49				2023:	2023:
   Consecutive Intersection	Porter Ave	Gateway Blvd	INDOT	$10,856,317	$2,714,079
   Improvements
   US 20 Added Center Turn Lane	SR 39	Fail Rd	INDOT	2023: $14,460,108	2023: $3,615,027
   109th Ave				2021:	2021:
   Consecutive Intersection	SR 53	Iowa St	Crown Point/INDOT	$2,643,125	$7,576,875
   Improvements
   Gostlin				2020:	2020:
   St/Sheffield Ave/Chicago St Added Travel	Illinois State Line	US 41	Hammond	$9,400,000	$2,350,000
   Lanes
   45th St Added Center Turn Lane	Colfax St	Chase St	Lake County	2020: $9,928,142	2020: $2,482,036
   Mississippi St				2020:	2020:
   Added Travel	93rd Ave	101st Ave	Merrillville	$3,612,000	$903,250
   Lanes
   45th St Grade Separation and Realignment	0.3 miles West of Calumet Ave	Southwood Dr	Munster	2019: $16,800,000	2019: $4,843,293
   93rd Ave Added Center Turn Lane	White Oak Ave	US 41	St. John	$0	2024: $3,487,347
   109th Ave Added Center Turn Lane	Calumet Ave	US 41	St. John	$0	2024: $3,812,928
   Calumet Ave				$0	2024:
   Added Center	101st Ave	109th Ave	St. John		$3,398,710
   Turn Lane
   Vale Park Rd Extension	Winter Park Dr	Windsor Tr	Valparaiso	$0	2020: $4,480,000
   South Shore Line Double Track	Tennessee St	Michigan Blvd	NICTD	$0	2022: $388,603,154
   West Lake Corridor commuter rail service	Hammond Gateway Station	Main St - Munster/Dyer	NICTD	$0	2022: $768,335,733

   
   

   Projects Complete by 2030	Beginning Point	End Point	Sponsor	Federal Estimated Cost (YOE)	Non- Federal Estimated Cost (YOE)
   US 41 Added				2028:	2028:
   Center Turn	US 231	SR 2	INDOT	$36,877,815	$9,219,454
   Lane
   Main St Extension	Burnham Ave (Illinois)	Columbia Ave/Sheffield Ave	Munster	2028: $2,631,548	2028: $657,887
   Willowcreek Rd Extension	700 N	SR 130	Porter County	2025: $4,617,000	2025: $1,188,000
   85th Ave Added				$0	2028:
   Center Turn	US 41	Parrish Ave	St. John		$5,828,139
   Lane
   93rd Ave Added Travel Lanes	Calumet Ave	Cline Ave	St. John	$0	2028: $36,217,098
   109th Ave				$0	2028:
   Added Travel	Calumet Ave	US 41	St. John		$10,220,018
   Lanes
   Blaine Ave				$0	2028:
   Added Center	93rd Ave	101st Ave	St. John		$5,438,393
   Turn Lane
   Calumet Ave				$0	2028:
   Added Travel	101st Ave	109th Ave	St. John		$9,906,218
   Lanes
   Cline Ave				$0	2028:
   Added Travel	101st Ave	109th Ave	St. John		$4,513,833
   Lanes
   White Oak Ave				$0	2028:
   Added Center	93rd Ave	101st Ave	St. John		$7,051,199
   Turn Lane
   Kennedy Ave				2025:	2025:
   Added Travel	Main St	US 30	Schererville	$17,401,579	$4,350,395
   Lanes
   Vale Park Rd				2027:	2027:
   Added Center	Calumet Ave	Silhavy Rd	Valparaiso	$3,423,275	$855,819
   Turn Lane

   
   

   Projects Complete by 2040	Beginning Point	End Point	Sponsor	Federal Estimated Cost (YOE)	Non- Federal Estimated Cost (YOE)
   Division Rd				2038:	2040:
   Added Center	Sturdy Rd	375 E	Valparaiso	$2,868,640	$717,160
   Turn Lane
   LaPorte County				2035:	2035:
   North-South	SR 39	US 35	LaPorte County	$104,000,000	$26,000,000
   Connector

   
   

   Projects Complete by 2050	Beginning Point	End Point	Sponsor	Federal Estimated Cost (YOE)	Non- Federal Estimated Cost (YOE)
   Division Rd Added Center Turn Lane	SR 2	Sturdy Rd	Valparaiso/Porter County	2048: $6,151,100	2048: $1,537,775

   
   

3. NWI 2050 Plan Amendment #1

NWI 2050 Plan Amendment #1 removed a phase of the Kennedy Ave Added Travel Lanes from the Projects Complete by 2025 section of Table 2.1.1 above and combined this phase into an already existing phase of the project in the Projects Completed by 2030 section of Table 2.1.1.

1. Transportation Improvement Program (TIP)

   
   

   Metropolitan Planning Organizations (MPOs) such as NIRPC are required to develop a Transportation Improvement Program (TIP), which is a listing of FHWA and FTA funded transportation projects, covering a period of at least 4 years and in cooperation with the state and public transit providers according to 23 CFR Part 450.326. MPOs in Indiana produce TIPs covering 5 years.

   
   

2. 2020 to 2024 Transportation Improvement Program (TIP)

   
   

   The 2020 to 2024 Transportation Improvement Program (2020-2024 TIP) was adopted by the NIRPC Full Commission on May 16, 2019.2 The 2020-2024 TIP satisfies the requirements mentioned in section 3.0 above and is the TIP for the Northwestern Indiana Region that includes all of Lake, Porter, and LaPorte Counties in Indiana.

   
   

   The 2020-2024 TIP includes all federally funded projects in the State Fiscal Years 2020 to 2024 (July 1, 2019 through June 30, 2024) but does not include all of the projects listed in Table 2.1.1 above, namely those beyond the year 2024 or those that are not federally funded.

   
   

3. 2020 to 2024 Transportation Improvement Program (TIP) Amendment #7

The 2020-2024 TIP Amendment #7 removed a phase of the Kennedy Ave Added Travel Lanes from the Projects Complete by 2025 section of Table 2.1.1 above and combined this phase into an already existing phase of the project in the Projects Completed by 2030 section of Table 2.1.1.

2 Available at http://bit.ly/20-24TIP

4.0 Air Quality Conformity Determination: General Process

Generally, demonstrating air quality conformity between an MTP/TIP and a SIP means showing that regionally significant, non-exempt highway and transit projects will not cause new air quality violations, worsen existing air quality violations, or delay timely attainment of the relevant air quality standard, or any interim milestone. The State of Indiana developed a Regional Significance Guidance document included in Appendix A-2 that satisfies the 40 CFR Part 93.101 definition of regionally significant project. A non- exempt project is any project not included as an exempt project type in 40 CFR Part 93.126. Thus, demonstrating air quality conformity is required for any transportation project that meets the Regional Significance Guidance and that is not on the list of exempt projects.

In nonattainment or maintenance areas for transportation-related criteria pollutants, demonstrating air quality conformity is required for all newly adopted MTPs and TIPs, and for any amendments to MTPs or TIPs that include regionally significant, non-exempt projects. Since the NWI 2050 Plan is a newly adopted MTP and the 2020-2024 TIP is a newly adopted TIP, it is necessary to demonstrate air quality conformity to the SIP with respect to the applicable criteria pollutants and their associated precursors. In this case the only applicable criteria pollutant is Ozone, which includes Nitrous Oxides (NOx) and Volatile Organic Compounds (VOC) as precursors.

1. Requirements

   
   

2. Overview

   
   

   The air quality conformity regulation at 40 CFR 93.109 sets forth the criteria and procedures for demonstrating air quality conformity. The air quality conformity criteria for MTPs and TIPs include: latest planning assumptions (93.110), latest emissions model (93.111), consultation (93.112), transportation control measures (93.113(b) and (c), fiscal constraint, consistency with motor vehicle emissions budgets in the SIP, and regional emissions analysis or interim emissions test (93.118 and/or 93.119).

   
   

   For the 1997 Ozone NAAQS areas that are not designated nonattainment or maintenance for either the 2008 Ozone NAAQS or 2015 Ozone NAAQS (i.e. LaPorte County), air quality conformity can be demonstrated with only the latest planning assumptions, consultation, transportation control measures, and fiscal constraint requirements per 40 CFR 93.109(c) and the EPA Transportation Conformity Guidance for the South Coast II Court Decision.3 Thus, all of the additional requirements in the previous paragraph only are applied to demonstrating air quality conformity with respect to Lake and Porter Counties in this Air Quality Conformity Determination Report.

   
   

   For the 1987 PM10 NAAQS maintenance area in East Chicago, the EPA has found that onroad mobile sources do not significantly contribute to that designation, so conformity air quality review requirements do not apply for the PM10 standard and therefore are not analyzed in this Air Quality Conformity Determination Report.

   
   

3. Latest Planning Assumptions

Use of the latest planning assumptions in demonstrating air quality conformity is required per 40 CFR

93.110 of the Transportation Conformity Rule. Use of the latest planning assumptions ensures that the underlying assumptions and data that are inputted into the regional emissions analysis accurately reflect the planning assumptions of the region demonstrating air quality conformity. As part of the NWI 2050 Plan and 2020 to 2024 TIP development, the Northwestern Indiana Region developed demographic forecasts for population and employment growth as shown on Table 5.2.1.

Table 5.2.1 Demographic Baseline and Forecasts for Lake, Porter, and LaPorte Counties

Population forecasts are based on the baseline 2017 year as found in the US Census Bureau’s American Community Survey, 2013-2017 Estimates Table B01003. The 2050 horizon year population forecast is based on an average of 5 different sources that have already conducted population forecasts for the NWI Region: INDOT Statewide Travel Demand Model, INDOT REMI PI+ 2.0 Model, Woods & Poole Economics, Inc., Louis Berger Group (for the Chicago Metropolitan Agency for Planning), and the Indiana

3 Available from https://www.epa.gov/sites/production/files/2018-11/documents/420b18050.pdf

Business Research Center.4 The interim years between the 2017 baseline year and the 2050 horizon year are extrapolated from a simple linear trend model of fit. Household forecasts are based on the baseline 2017 year as found in the US Census Bureau’s American Community Survey, 2013-2017 Estimates Table S1101. All other years are based on the number of persons per household for each county found by dividing the county’s population by its number of households. Employment forecasts are based on the baseline 2017 year as found in the US Bureau of Labor Statistics’ Quarterly Census of Employment and Wages (QCEW) State and County Wages series annual average employment. The 2050 horizon year employment forecast is based on an average of 4 different sources that have already conducted employment forecasts for the NWI Region: INDOT Statewide Travel Demand Model, INDOT REMI PI+ 2.0 Model, Woods & Poole Economics, Inc., and Louis Berger Group (for the Chicago Metropolitan Agency for Planning).5 The interim years between the 2017 baseline year and the 2050 horizon year are extrapolated from a simple linear trend model of fit.

The Highway Performance Monitoring System (HPMS) data provides the basis or an analysis of the growth in Vehicle-Miles of Travel as shown on Table 5.2.2.

4 INDOT Statewide Travel Demand Model, INDOT REMI PI+ 2.0 Model, and Woods & Poole Economics, Inc. population forecasts were emailed to NIRPC by INDOT on October 11, 2017 and have privacy restrictions- these forecasts are technically for a 2045 horizon year that is extrapolated out to 2050 based on a linear trend model of fit; Louis Berger Group forecasts are available at https://datahub.cmap.illinois.gov/dataset/89f66569- 5f51-4c14-8b02-5ecc1ca00909/resource/a812de2f-d465-47f2-87df- 0427e81da2cf/download/CMAPSocioeconomicForecastFinal-Report04Nov2016.pdf; Indiana Business Research Center forecasts available at http://www.stats.indiana.edu/pop_proj/

5 INDOT Statewide Travel Demand Model, INDOT REMI PI+ 2.0 Model, and Woods & Poole Economics, Inc. forecasts were emailed to NIRPC by INDOT on October 11, 2017 and have privacy restrictions- these forecasts are technically for a 2045 horizon year that is extrapolated out to 2050 based on a linear trend model of fit; Louis Berger Group forecasts are available at https://datahub.cmap.illinois.gov/dataset/89f66569-5f51- 4c14-8b02-5ecc1ca00909/resource/a812de2f-d465-47f2-87df- 0427e81da2cf/download/CMAPSocioeconomicForecastFinal-Report04Nov2016.pdf

Table 5.2.2 Growth in Vehicle Miles Traveled (VMT) in Lake, Porter, and LaPorte Counties

Based on this data, the actual annual rate of growth of travel can be determined. For the three-county area as shown in Table 5.2.2, the rates range from -23.19% to 30.38% between 1992 and 2017. Over this period, the annual rate of daily VMT growth is 2.27%.

Vehicle registration data have been received from the Indiana Bureau of Motor Vehicles. These data are split by vehicle type, and have an associated date of approximately December 31, 2014. The Indiana Department of Environmental Management provided vehicle age information for cars and light trucks, from the application of a vehicle identification number (VIN) decoder as well as registrations by vehicle type directly from the Bureau of Motor Vehicles. This vehicle registration data have been used in MOVES, reflecting vehicle fleet age by vehicle type for smaller vehicles. For larger vehicle types, default data have been determined to be the best available fleet age information.

The NIRPC Travel Demand Model was used to relate the Latest Planning Assumptions to the Regional Emissions Analysis (Section 5.8). For questions or inquiries about the NIRPC Travel Demand Model, please contact Scott Weber, Transportation Planner/Analyst (sweber@nirpc.org).

1. Latest Emissions Model

   
   

   For demonstrating air quality conformity for the Lake and Porter Counties 2008 Ozone NAAQS, the MOVES2014a model has been used for this Air Quality Conformity Determination Report. Although technically the MOVES2014b is the latest emissions model, EPA allows MOVES2014a to satisfy the latest emissions model requirements for air quality conformity purposes.6 The latest emissions model requirement does not apply to demonstrating air quality conformity for the 1997 Ozone NAAQS with respect to LaPorte County as mentioned in the EPA Transportation Conformity Guidance for the South Coast II Court Decision. The Motor Vehicles Emissions Budgets (MVEB) for 2008 Ozone NAAQS with respect to Lake and Porter Counties are based on the INDOT Air Quality Post-Processor (AQPP), which combines inputs from the NIRPC Travel Demand Model and MOVES2014a.

   
   

2. Consultation Requirements

   
   

   The consultation requirements in 40 CFR 93.112 were addressed both for interagency consultation and public consultation.

   
   

   Interagency consultation was conducted with NIRPC, INDOT, IDEM, FHWA, FTA, and EPA. NIRPC sent an email to representatives from each of these agencies with a draft copy of this Air Quality Conformity Determination Report on March 22, 2019. Representatives from each of these agencies offered feedback and recommended edits as appropriate and during a teleconference call on March 29, 2019, and these are reflected in this Air Quality Conformity Determination Report. Interagency consultation was conducted consistent with the Indiana Conformity SIP. See section 7.1 for details of the interagency consultation correspondence.

   
   

   Public consultation was conducted consistent with planning rule requirements in 23 CFR 450. NIRPC followed its 2014 Public Participation Plan.7 The Air Quality Conformity Determination Report was made available to public comment on the NIRPC website from April 1, 2019 to April 30, 2019, fulfilling the 30- day public comment period that the 2014 Public Participation Requires for Conformity Determinations. No comments were received.

   
   

3. Timely Implementation of TCMs

   
   

   The Indiana SIP with respect to Lake, Porter, and LaPorte Counties does not include any TCMs.

   
   

4. Fiscal Constraint

   
   

   Air quality conformity requirements in 40 CFR 93.108 state that transportation plans and TIPs must be fiscally constrained consistent with DOT’s metropolitan planning regulations at 23 CFR part 450. The NWI 2050 Plan and 2020-2024 TIP are fiscally constrained, as demonstrated in the Action Plan section of the NWI 2050 Plan8 and section Fiscal Constraint section of the 2020-2024 TIP.9

   
   

   6 See https://www.epa.gov/moves/latest-version-motor-vehicle-emission-simulator-moves

   7 Available at https://nirpc.org/media/48081/nirpc_2014_ppp_final_adopted_12.11.2014.pdf

   8 Available at http://bit.ly/NWI2050Plan

   9 Available at http://bit.ly/20-24TIP

5. Consistency with the Motor vehicle emissions budgets in the SIP

   
   

   This Air Quality Conformity Determination Report is prepared consistent with the applicable EPA-approved Motor vehicle emissions budgets (MVEB) for the Ozone precursors of NOx and VOC. The MVEB are based on prior consultation between members of the Interagency Consultation Group on Air Quality (see Acknowledgments section) and are formulated using the latest emissions model and the NIRPC Travel Demand Model. Table 5.9.1 shows the MVEB for the applicable analysis years in the Regional Emissions Analysis. The consistency with the Motor vehicle emissions budgets requirement does not apply to demonstrating air quality conformity for the 1997 Ozone NAAQS with respect to LaPorte County as mentioned in the EPA Transportation Conformity Guidance for the South Coast II Court Decision.

   
   

6. Regional Emissions Analysis Methodology

   
   

   The regional emissions analysis applicable to Lake and Porter Counties has estimated emissions of VOC and NOX as ozone precursors. The regional emissions analysis includes estimates of emissions from the entire transportation system, including all regionally significant, non-exempt projects contained in the NWI 2050 Plan Amendment #1 (see Table 2.1.1) and all other regionally significant, non-exempt highway and transit projects expected in the nonattainment area in the time frame of the transportation plan. Table 5.9.1 shows that regional emissions for the ozone precursors fall at or below the budgets in the State Implementation Plan for the 2008 Ozone NAAQS with respect to Lake and Porter Counties.

   
   

   The emissions analysis methodology meets the requirements of 40 CFR 93.122(b) of the Transportation Conformity Rule, for air quality conformity determinations based on estimates of regional transportation-related emissions completed after January 1, 1997.

   
   

   Implementation of the Lake and Porter County projects in the NWI 2050 Plan Amendment #1 and 2020-2024 TIP Amendment #7 results in motor vehicle emissions that are at or below the levels of the applicable Motor vehicle emissions budgets, as shown in Table 5.9.1.

   
   

   The regional emissions analysis for the transportation projects includes calculations of vehicle emissions at the aggregate level for the entire transportation system, including all regionally significant, non-exempt projects expected in the nonattainment area. The analysis includes FHWA/FTA-funded projects proposed in the NWI 2050 Plan, all Indiana Toll Road projects and all other regionally significant, non-exempt projects which are disclosed to NIRPC (see Table 2.1.1 for the complete list). Vehicle miles traveled (VMT) from projects which are not regionally significant and non-exempt are estimated in accordance with reasonable professional practice, using the NIRPC Travel Demand Model.

   
   

   The regional emissions analysis does not include any TCM. The regional emissions analysis does not include emissions reduction credit from projects, programs, activities, or control measures which require a regulatory action in order to be implemented.

   
   

   Ambient temperatures used for the regional emissions analysis are consistent with those used to estimate the emissions in 2017. All other factors, for example the fraction of travel in a hot stabilized engine mode, are consistently applied.

   
   

   Reasonable methods have been used to estimate nonattainment area VMT on off-network roadways within the urban transportation planning area, and on roadways outside the urban transportation planning area. For 2017, 2020, 2025, 2030, 2040, and 2050, estimates of regional transportation-related emissions used to support the conformity determination have been made using the MOVES2014a post-processor updated with the latest vehicle registration data. Regional transportation-related emissions estimates are included for 2011

   since 2011 appears in the Lake and Porter Counties 2008 Ozone NAAQS attainment demonstration.

   
   

   Land use, population, employment, and other network-based travel model assumptions have been documented based on the best available information (see Section 5.3). The distribution of population, households, and employment is based on prior 5-year moving averages of those trends in each of the 380 Travel Analysis Zones (TAZs) in Lake and Porter Counties and is a reasonable state of the practice.

   
   

   A capacity-sensitive assignment methodology has been used, and emissions estimates are based on a methodology, which differentiates between peak and off-peak link volumes and speeds, and uses speeds based on final assigned volumes, post-processed in the database. TAZ-to-TAZ travel impedances used to distribute trips between origin and destination pairs are in reasonable agreement with the travel times that are estimated from final assigned traffic volumes, using a feedback procedure iterated five times. These times have also been used for modeling mode splits. The network-based travel model is reasonably sensitive to changes in the time(s), cost(s), and other factors affecting travel choices. Reasonable methods in accordance with good practice have been used to estimate traffic speeds and delays in a manner that is sensitive to the estimated volume of travel on each roadway segment represented in the network-based travel model. Highway Performance Monitoring System (HPMS) estimates of vehicle miles traveled (VMT) are considered the primary measure of VMT within the portion of the nonattainment area and for the functional classes of roadways included in the nonattainment area.

   
   

   The regional emissions analysis requirement does not apply to demonstrating air quality conformity for the 1997 Ozone NAAQS with respect to LaPorte County as mentioned in the EPA Transportation Conformity Guidance for the South Coast II Court Decision.

   
   

7. Regional Emissions Analysis Results

Table 5.9.1 shows the Regional Emissions Analysis Results for demonstrating air quality conformity between the NWI 2050 Plan Amendment #1 and 2020 to 2024 TIP Amendment #7 and the Indiana SIP for the 2008 Ozone NAAQS with respect to Lake and Porter Counties.

Table 5.9.1 Regional Emissions Analysis for Lake and Porter Counties - 2008 Ozone NAAQS

As shown in Table 5.9.1, baseline and forecasted emissions for the Ozone precursors of NOx and VOC are at or below the motor vehicle emissions budgets (MVEBs) in the Indiana SIP. Therefore, air quality conformity is demonstrated for the NWI 2050 Plan Amendment #1 and 2020-2024 TIP Amendment #7 for the 2008 Ozone NAAQS with respect to Lake and Porter Counties. Per the EPA Transportation Conformity Guidance for the South Coast II Court Decision, air quality conformity is demonstrated for the NWI 2050 Plan Amendment #1 and 2020-2024 TIP Amendment #7 for the 1997 Ozone NAAQS with respect to LaPorte County without a regional emissions analysis. Only the latest planning assumptions, consultation, transportation control measures, and fiscal constraint are required to demonstrate air quality conformity with respect to LaPorte County.

6.0 Conclusion

The air quality conformity determination process completed for the NWI 2050 Plan Amendment #1 and the 2020 to 2024 Transportation Improvement Program (2020-2024 TIP) Amendment #7 demonstrates that these planning documents meet the Clean Air Act and Transportation Conformity Rule requirements for the applicable National Ambient Air Quality Standards (NAAQS).

1. Appendices

   
   

2. Appendix A-1: Interagency Consultation Group Correspondence

   
   

   NIRPC staff emailed members of the Interagency Consultation Group on Air Quality, comprised of NIRPC, INDOT, IDEM, FHWA, FTA, and EPA, a draft of this Air Quality Conformity Determination Report on March 4, 2020.

3. Appendix A-2: Regional Significance Guidance

   

   
   

   Rail and Fixed Guide-way Transit
   Expansion Tvpe	Threshold
   New Route or Service	No Minimum
   Route Extension with Station	> 1 mile from current terminus
   Added track or auide-wav capacity	> 1 mile
   New Intermediate Station	AQ Consultation Required

   
   

   Bus and Demand Resoonse Transit
   Exnansion Tvne	Threshold
   New Fixed Route	AQ Consultation Required
   New Demand Response Service	Not Reaionallv Sianificant
   Added Service to existinQ	Not ReQionall y SiQnificant

   
   

   New segments or added through lanes on arterials that are also associated with large land developmentprojects may need AQ consultation even if the project is below the threshold in the table. Land development projects can be regionally significant when they have the potential to generate many trips or vehicle-miles of travel. Such developments are incorporated into the regional model during the update of socioeconomic forecasts, at the beginning of the update cycle for a new regional transportation plan. Local agencies shall provide their comprehensive plans to NIRPC as they're updated, which reflect the known development projects.

   
   

   Local agencies should proactively include anticipated developments in their comprehensive plans without specific reference to potential high profile private sector developments.

   
   

   Implementation

   
   

   Conceptual "place-holder" projects can be included in the conformity determination long before commitments are made for their implementation. For plan milestone years, anticipated projects should be included. Local agencies shall submit to NIRPC thoroughfare plans that use the functional classification system as they're adopted. Functional classification changes shall be done in the context of the Regional Transportation Plan.

   
   

   At the start of each conformity cycle, NIRPC will solicit new project and related developmentinformation from all local agencies, so that the analysis will use the latest planning assumptions. Local agencies that V'.ish to proceed with transportation improvement projects, regardless of funding sources, must respond to the solicitation to be sure that their projects are included in the regional emissions analysis. Projects that are excluded from the analysis may be delayed until the next conformity cycle (a minimum of six months), when they will be included in the regional emissions analysis. In addition, at the start of each plan update cycle NIRPC V'.ill request an update of land development that local agencies anticipate, for inclusion in the regional emissions analysis, by including updated population, household and employment data.

   
   

   This guidance is intended to help NIRPC and project sponsors to comply with the following federal regulation: 40 CFR Part 93 (Transportation Conformity Rule Amendments: Flexibility and Streamlining; Final Rule) §93 .101 (Definitions) Regionally significant proiect means a transportation project (other than an exempt projecQ that is on a facility which serves regional transportation needs (such as access to and from the area outside the region, major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc., or transportation terminals as well as most terminals themselves) and would normally be included in the modeling of a metropolitan area's transportation network, including at a minimum all principal arterial highways and all fixed guideway transit facilities that offer an alternative to regional highway travel.; §93.105 (Consultatio)n (c) (lnteragency Consultation Procedures: Specific Processes) lnteragency consultation procedures shall also include the following specific processes : (ii) Determining which minor arterials and other transporta tion 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 trave O , and which projects should be considered to have a significant change in design concept and scope from the transportation plan or TIP.; §9 3.121 (Requirementsfor adoption or approval of projects by other recipients of funds designated under title 23 U.S.C. or the Federal Transit Laws.) (a) Except as provided in paragraph (b) of this section, no recipient of Federal funds designated under title 23 U.S.C. or the Federal Transit Laws shall adopt or approve a regionally significant highway or transit project, regardless of funding source, unless the recipient finds that the requirements of one of the following are met: (1) The project was included in the first three years of the most recently conforming transportation plan and TIP (or the conformity determination's regional emissions analysis}, even if conformity status is currently lapsed; and the project's design concept and scope have not changed significantly from those analyses; or (2) There is a currently conforming transportation plan and TIP, and a new regional emissions analysis including the project and the currently conforming plan and TIP demonstrates that the transportation plan and TIP would still conform if the project were implemented (consistent with

   the requirements of §93.118 and/or 93.119 for a project not from a conforming transpor tation plan and TIP). (b) In isolated rural

   nonattainment areas and maintenance areas subject to §93.109(g), no recipient..

   

   Public Comment Report

   NWI 2050 Amendment No. 1 | March 6, 2020

   
   

   6100 Southport Road

   Portage, Indiana 46368

   (219) 763-6060

   www.nirpc.org

   
   

   The draft of NWI 2050 Amendment No. 1 was released for a 30-day public comment period beginning March 6, 2020. A draft of the document was made available at www.nirpc.org and emailed to stakeholders.

   The comments and responses to the draft are listed below. An update will also be provided at the NIRPC Commission meeting on May 21, 2020.

   On March 24, 2020, Dr. Virgil Gassoway commented:

   This bureaucracy represents all that is wrong in this country. Government WAY out of control! We the People have no control over this ‘out of control’ bureaucracy; a thing that the FOUNDERS never imagined possible when they wrote the Constitution! Shame on you and your ilk!

   NIRPC staff responded on May 4, 2020 via email to Mr. Vasil. The comment is not considered significant and no modification to the amendment is necessary. Staff response is shown here:

   Dear Dr. Gassoway,

   First, we would like to thank you for your comment.

   As an agency, we, the Northwestern Indiana Regional Planning Commission, are subject to both federal and state laws and regulations governing our existence and the procedures under which we are allowed to operate. Specifically, 23 U.S. Code § 134 (federal) and IC 36-7-7.6 (state) are the relevant statutes that establish, govern, and (we believe) constrain our roles and responsibilities. We as staff do not have the authority to change those laws and regulations. We would kindly direct you to your federal and state representatives respectively if you have any comments about changing these statutes.

   If you have any other questions please feel free to contact either of the following people at NIRPC:

   James Winters Transit Planner jwinters@nirpc.org

   Charles Bradsky

   Transportation Projects Manager cbradsky@nirpc.org

   
   

   NIRPC did not receive any additional comments relating to

   
   

   
   

   

   RESOLUTION 20-13

   A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AMENDING NWI 2050 AMENDMENT NO. 1

   May 21, 2020

   6100 Southport Road

   Portage, Indiana 46368

   (219) 763-6060

   www.nirpc.org

   
   

   
   

   WHEREAS, Northwest Indiana’s citizens require a safe, efficient, effective, resource- conserving regional transportation system that maintains and enhances regional mobility and contributes to improving the quality of life in Northwest Indiana; and

   
   

   WHEREAS, the Northwestern Indiana Regional Planning Commission, hereafter referred to as “the Commission”, being designated the Metropolitan Planning Organization (MPO) for the Lake, Porter and LaPorte County area, has established a regional, comprehensive, cooperative, and continuing (3-C) transportation planning process to develop the unified planning work program, a transportation plan, and a transportation improvement program to facilitate federal funding for communities, counties, and transit operators, and to provide technical assistance and expertise to regional transportation interests; and

   
   

   WHEREAS, the Commission performs the above activities to satisfy requirements of the Fixing America's Surface Transportation (FAST) Act of 2015 (PL 114-94), applicable portions of all prior federal transportation program authorizing legislation, as well as other federal, state, and local laws mandating or authorizing transportation planning activities; and

   
   

   WHEREAS, NWI 2050 is a product of a multi-modal, 3-C transportation planning process, compatible with regional goals and objectives and socio-economic and demographic factors; and

   
   

   WHEREAS, NWI 2050 is fiscally constrained, and is consistent with the State Implementation Plan for Air Quality; and

   
   

   WHEREAS, NWI 2050 is developed by the Commission in coordination and cooperation with local elected and appointed highway and transit officials, special interest and service organizations, including users of public transit, the Indiana Department of Transportation, the Indiana Department of Environmental Management, the U.S. Federal Highway Administration, the U.S. Federal Transit Administration, and the U. S. Environmental Protection Agency; and

   
   

   WHEREAS, the changes to NWI 2050 brought about by this amendment were reviewed by the

   Air Quality Conformity Task Force’s Interagency Consultation Group (ICG); and

   WHEREAS, the changes to NWI 2050 brought about by this amendment were subjected to public comment in the manner prescribed by the 2019 Public Participation Plan, and comments were responded to in accordance with the 2019 Public Participation Plan; and

   
   

   WHEREAS, the Technical Policy Committee (TPC) has recommended that the Northwestern Indiana Regional Planning Commission make these changes to NWI 2050.

   
   

   NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby amends NWI 2050 by making the changes as shown on the attachment to this resolution.

   
   

   Duly adopted by the Northwestern Indiana Regional Planning Commission this twenty first day of May, 2020.

   
   

   
   

   

   Michael Griffin Chairperson

   
   

   ATTEST:

   
   

   
   

   

   Justin Kiel Secretary

   NWI 2050 Plan Amendment #1 Changes to the NWI 2050 Plan:

   
   

   Page Number	Original Text	Amended Text
   158	45th St Added Center Turn Lane Whitcomb St to Chase St costing $2,255,000 federal and $563,750 local	45th St Added Center Turn Lane Colfax St to Chase St costing $9,928,142 federal and $2,482,036 local
   158	Kennedy Ave Expansion Oak St to US 30 Complete by 2025	[remove this project from projects Complete by 2025 and combine into Complete by 2030, see below]
   159	Kennedy Ave Added Travel Lanes from Main St to Oak St Complete by 2030 costing $4,936,400 federal and $1,234,100 local	Kennedy Ave Added Travel Lanes from Main St to US 30 Complete by 2030 costing $17,401,579 federal and $4,350,395 local

   
   

   
   

   

   RESOLUTION 20-15

   
   

   A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION TO ADOPT THE

   FY 2021-2022 UNIFIED PLANNING WORK PROGRAM FOR LAKE, PORTER, AND LAPORTE COUNTIES, INDIANA

   
   

   May 21, 2020

   6100 Southport Road

   Portage, Indiana 46368

   (219) 763-6060

   www.nirpc.org

   
   

   WHEREAS, the Northwestern Indiana Regional Planning Commission, hereafter referred to as “the Commission”, being designated the Metropolitan Planning Organization (MPO) for the Lake, Porter, and LaPorte County area, has established a comprehensive, cooperative, and continuing transportation planning process to develop the FY 2021-2022 Unified Planning Work Program (UPWP); and

   WHEREAS, the preparation of a UPWP is a necessary and required part of the metropolitan area transportation planning process as specified in 23 CFR 450.314; and by its State statutory authority, the Commission is charged with regional planning responsibility for the environment, economic development, and transportation; and

   WHEREAS, the work tasks described within the Commission’s UPWP are in conjunction with the programs and planning emphasis areas of the Federal Highway and Transit Administrations, and significant planning projects in the region by other agencies; and

   WHEREAS, this UPWP was developed through a participatory process as prescribed in the Commission’s Engage NWI Public Participation Plan; and

   WHEREAS, the Technical Policy Committee (TPC) has recommended that the Commission approve this UPWP; and

   NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby adopts the FY 2021-2022 UPWP and the Commission is authorized to enter into such agreements and contracts as may be required with the funding and administrative agencies for the execution of this UPWP.

   Duly adopted by the Northwestern Indiana Regional Planning Commission this twenty-first day of May 2020.

   
   

   

   
   

   ATTEST:

   Michael Griffin Chairperson

   
   

   

   Justin Kiel Secretary

   
   

   
   

   

   May 5, 2020

   6100 Southport Road

   Portage, Indiana 46368

   (219) 763-6060

   www.nirpc.org

   
   

   Public Comment Report

   Amendments #5, #6, & #7 to the 2020-2024 Transportation Improvement Program (TIP)

   Northwestern Indiana Regional Planning Commission May 21, 2020

   Amendments #5,# 6, and #7 of the 2020-2024 Transportation Improvement Program was released for a 21-day public comment period which began on March 5, 2020 and ended March 31, 2020. The amendments were made available at www.nirpc.org . No comments from the public were received during the comment period on the proposed amendments.

   NIRPC did receive several technical comments from the Interagency Consultation Group (ICG). FHWA asked for clarification on several projects. The comments and clarifications are:

   • P10. 1900009 – US 20 Br Replacement - this part of future capacity adding project? No, it is purely based on need and condition of bridge. However, the cities of Hammond and East Chicago requested that we look into accommodating a path system that is going through this area. So, the only capacity we are currently looking into is the possible addition of a trail. But that shouldn’t impact air quality other than perhaps in a positive way.

   • P10. 1900012 – US 6 Br Replacement - this part of future capacity adding project? No, this project is purely based on need and condition of the existing bridge.

   • P15. 2001051- US 6 Replace Superstructure - this part of future capacity adding project? Is this Des. Number correct? SPMS shows that the project with this Des. Number is a joint replacement project on I-

     94. Based on the Amendment that you sent; I believe that you are referring to 1900031. If that is correct, then that project was identified purely based on need and condition of the existing bridge and it is not part of a capacity adding project.

   • P16. 1900036 & 1900037 – SR 49 Replace Superstructure - this part of future capacity adding project? No, this project is purely based on need and condition of the existing bridge.

   • P17. 1900039 & 1900040 – I-65 Replace Superstructure - this part of future capacity adding

     project? Currently it is not part of an added capacity project. This project was identified purely based on need and condition. With that said, there is a possibility of it becoming part of an added capacity project or being designed with extra width to accommodate a future added capacity project on I-65.

   • P18. 1900041 & 1900042 - I-65 Replace Superstructure - this part of future capacity adding

     project? Currently it is not part of an added capacity project. This project was identified purely based on need and condition. With that said, there is a possibility of it becoming part of an added capacity project or being designed with extra width to accommodate a future added capacity project on I-65.

   • P19. 1900044 & 1900045 - I-65 Replace Superstructure - this part of future capacity adding

     project? Currently it is not part of an added capacity project. This project was identified purely based on need and condition. With that said, there is a possibility of it becoming part of an added capacity project or being designed with extra width to accommodate a future added capacity project on I-65.

   • P27. 1702833 – Br #186 – Need a better description of where this project is located? Should Project Type be changed to Br Replacement or Replace Superstructure from Bridge Rehabilitation? This project is a superstructure replacement, which by definition is a Bridge Rehabilitation. Also, a better description

has been added to the amendment. It now states: Bridge #186 CR S 652 West over Kankakee River. (3 mi south of SR8 and 3.5 mi east of US 421, North of English Lake) Superstructure replacement to replace existing deteriorated beams, improve bridge and roadway geometric deficiencies, and mitigate future deterioration and maintenance concerns.

• P32. 9980080 – 45th Ave Added Travel Lanes – RW is underway and additional funds are being added as well as CN. Does the conformity finding document the correct date for the improvements to be open to traffic? The open to traffic date has not changed, so the conformity finding document is still

  valid. Adding the phase of RW (to the FY 20-24 TIP) causes us to put this project in the amendment.

• P39. 1173760 – Kennedy Av Added Travel Lanes – RW & CN is being deleted from current TIP to 2024? NIRPC is correct that this project’s delay triggers conformity determination. NIRPC and Schererville wish to push the CN for this project to FY 25 (meaning it will have to be resubmitted into the next NOFA).

In Addition:

Scott Weber has completed a conformity analysis for amendment #5, now #7, for the Kennedy Ave project. The analysis did not include the I-65 bridges that could potentially accommodate Added Travel Lanes. Since INDOT has not financially committed to adding travel lanes on I-65 between SR 2 and SR 10,

FHWA finds these projects to be exempt from conformity. FHWA has no comments on the conformity finding analysis that is currently out for review.

Lastly:

EPA would advise based on FHWA/EPA discussions earlier this year that NIRPC include PM10 in its conformity determination for the Lake County PM10 maintenance area. This can be done in the air quality review and other documentation by noting that while the Lake County area is a maintenance area for PM10, on March 11, 2003 (68 FR 1370), PM10 was determined to not be a significant contributor to PM10 concentrations in the area. You can cite the attached Federal Register notice where necessary in the air quality review process and TIP/Plan documentation along with the other relevant pollutants for transportation conformity.

Earlier this year FHWA indicated to EPA that while areas around the country had similar insignificance determinations for their PM10 areas, it looks like very few if any areas around the country had actually been including this information in their transportation conformity documentation and air quality reviews for many years. But in actuality areas are required to keep conforming PM10 TIPs and Plans until the 20-year maintenance period ends. Which, looking at the attached notice, should be 2023 for the Lake County area but I will have to double check with IDEM and our regulatory group to see about the second 10-year maintenance plan submittal date to be sure. I will follow up once I learn it.

Once EPA realized this, on our February EPA Regions conformity call I we were instructed to check our states and make sure that they are noting the finding of insignificance for PM10 in their reviews. So my emphasis is that this is not unique to NIRPC--someone at FHWA realized that very few areas if any across the country have been including this language for quite some time if ever. So this recommendation is meant to indicate that now is a good time to put that language in.

Approval by the IGC were given of this amendments #5, #6, and #7 on or before 4/29/2020.

6100 Southport Road

Portage, Indiana 46368

(219) 763-6060

www.nirpc.org

RESOLUTION 20-11

A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AMENDING THE

FY 2020-2024 TRANSPORTATION IMPROVEMENT PROGRAMS FOR LAKE, PORTER, AND LAPORTE COUNTIES, INDIANA

AMENDMENT NO. 5

May 21, 2020

WHEREAS, Northwest Indiana’s citizens require a safe, efficient, effective, resource- conserving regional transportation system that maintains and enhances regional mobility and contributes to improving the quality of life in Northwest Indiana; and

WHEREAS, the Northwestern Indiana Regional Planning Commission, hereafter referred to as “the Commission”, being designated the Metropolitan Planning Organization (MPO) for the Lake, Porter and LaPorte County area, has established a regional, comprehensive, cooperative, and continuing (3-C) transportation planning process to develop the unified planning work program, a transportation plan, and a transportation improvement program to facilitate federal funding for communities, counties, and transit operators, and to provide technical assistance and expertise to regional transportation interests; and

WHEREAS, the Commission performs the above activities to satisfy requirements of the Fixing America's Surface Transportation (FAST) Act of 2015 (PL 114-94), applicable portions of all prior federal transportation program authorizing legislation, as well as other federal, state, and local laws mandating or authorizing transportation planning activities; and

WHEREAS, the FY 2020-2024 Transportation Improvement Programs are a product of a multi- modal, 3-C transportation planning process, compatible with regional goals and objectives and socio-economic and demographic factors used to form the NWI 2050 Plan; and

WHEREAS, the FY 2020-2024 Transportation Improvement Program is an implementation of the NWI 2050 Plan, is fiscally constrained, and is consistent with the State Implementation Plan for Air Quality; and

WHEREAS, the FY 2020-2024 Transportation Improvement Programs are developed by the Commission in coordination and cooperation with local elected and appointed highway and transit officials, special interest and service organizations, including users of public transit, the Indiana Department of Transportation, the Indiana Department of Environmental Management, the U.S. Federal Highway Administration, the U.S. Federal Transit Administration, and the U. S. Environmental Protection Agency; and

WHEREAS, the changes to the FY 2020-2024 Transportation Improvement Programs brought about by this amendment were reviewed by the Air Quality Conformity Task Force’s Interagency Consultation Group (ICG); and

WHEREAS, the changes to the FY 2020-2024 Transportation Improvement Programs brought about by this amendment were subjected to public comment in the manner prescribed by the 2019 Public Participation Plan with no comments received; and

WHEREAS, the Technical Policy Committee (TPC) has recommended that the Northwestern Indiana Regional Planning Commission make these changes to the FY 2020-2024 Transportation Improvement Programs.

NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby amends the FY 2020-2024 Transportation Improvement Programs by adding the new projects and making other changes as shown on the attachment to this resolution.

Duly adopted by the Northwestern Indiana Regional Planning Commission this twenty-first day of May 2020.

Michael Griffin Chairperson

ATTEST:

Justin Kiel Secretary