GBNRTC AIR QUALITY STATUS

As part of its transportation planning process, the GBNRTC completed a new transportation conformity determination for the GBNRTC 2023-2027 Transportation Improvement Program (TIP) and 2050 Metropolitan Transportation Plan (MTP). This report documents that the 2023-2027 TIP, as amended, and 2050 MTP meet the federal transportation conformity requirements in 40 CFR Part 93.

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 transportation conformity rules establish the criteria and procedures for determining whether metropolitan transportation plans, transportation improvement programs (TIPs), and federally supported highway and transit projects conform to the SIP. 40 CFR Parts 51.390 and 93.

On February 16, 2018, the United States Court of Appeals for the District of Columbia Circuit in South Coast Air Quality Mgmt. District v. EPA (“South Coast II,” 882 F.3d 1138) held that transportation conformity determinations must be made in areas that were either nonattainment or maintenance for the 1997 ozone national ambient air quality standard (NAAQS) and attainment for the 2008 ozone NAAQS when the 1997 ozone NAAQS was revoked. These conformity determinations are required in these areas after February 16, 2019. Erie and Niagara Counties were in “nonattainment” status at the time of the 1997 ozone NAAQS revocation on April 6, 2015 and were also designated attainment for the 2008 ozone NAAQS on May 21, 2012. Therefore, per the South Coast II decision, this conformity determination is being made for the 1997 ozone NAAQS on the MTP, TIP and relevant Capital Program of Transportation Projects.

Per the South Coast II court decision the Buffalo-Niagara Falls, NY area is subject to the transportation conformity requirements. This conformity determination report will address transportation conformity for the 2023-2027 GBNRTC TIP, as amended, and the 2050 MTP.

What is Ozone?

Ozone (O3) is one of the six common air pollutants identified in the Clean Air Act. The US EPA calls these “criteria air pollutants” because their levels in outdoor air need to be limited based on health criteria.

Ozone can be “good” or “bad” for health and the environment depending on where it’s found in the atmosphere. Stratospheric ozone is “good” because it protects living things from ultraviolet radiation from the sun. Ground-level ozone is “bad” because it can trigger a variety of health problems, particularly for children, the elderly, and people of all ages who have lung diseases such as asthma.

EPA’s national and regional rules to reduce emissions of pollutants that form ground level ozone help states and local governments meet the Agency’s national air quality standards.

Learn more about ground-level ozone.

GBNRTC Air Quality Conformity Determination

The GBNRTC Transportation/Air Quality Determination 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.

The conformity determination process completed for the 2023-2027 GBNRTC TIP, as amended, and 2050 MTP demonstrates that these planning documents meet the Clean Air Act and transportation conformity requirements for the 1997 ozone NAAQS.

Complete GBNRTC 1997 8-Hour Ozone Non-Attainment Area Transportation/Air Quality Conformity Determination Document

Non-Exempt GBNRTC Projects

There are five (5) 2023-2027 TIP projects and six (6) 2050 MTP Update constrained projects that have been classified as "exempt" from Air Quality Conformity Determination by the Interagency Consultation Group (ICG). 40 CFR 93.126 and 40 CFR 93.127 list project categories that are exempt from Air Quality Conformity Determination.

40 CFR 93.126 and 40 CFR 93.127 Exempt Project Categories

Projects that the not classified as "exempt" as described above are classified as "non-exempt" from Air Quality Conformity Determination. Non-exempt projects are have the potential to impact regional air quality - either positively or negatively.

The GBNRTC 2023-2027 TIP contains five "non-exempt" projects:

  1. PIN 551252 - Kensington Corridor Project: Reconnecting neighborhoods on east and west sides of 1.3-mile section of NY RT 33 Kensington Expressway.

  2. PIN 576377 - John B. Daly Extension: 0.85-mile extension of John B. Daly Blvd from Niagara St to Pine Avenue in the city of Niagara Falls.

  3. PIN 576393 - Cars Sharing on Main St; Exchange to Church: Returning vehicular traffic to 0.27 miles of Main St in the city of Buffalo. Project will create one new travel lane each way, sharing the road with NFTA’s existing Metro Rail (LRRT) line.

  4. PIN 576394 - Cars Sharing on Main St; Church to Mohawk: Returning vehicular traffic to 0.29 miles of Main St in the city of Buffalo. Project will create one new travel lane each way, sharing the road with NFTA’s existing Metro Rail (LRRT) line.

  5. PIN 582510 - Metro Transit Expansion: Environmental review of 10.14-mile extension of NFTA’s Metro Rail line connecting South Campus Station with the University at Buffalo’s North Campus in the Town of Amherst, NY. Review includes LRRT and BRT options for transit line extension.

The GBNRTC 2050 MTP Update contains six "non-exempt" projects:

  1. Metro Transit Expansion: Expand high quality transit service in Buffalo to Tonawanda and Amherst. (This project has already been reviewed by ICG as PIN 582510 in GBNRTC 2023-2027 TIP. See above).

  2. Bailey Avenue High-Capacity Transit Enhancements: Implement BRT along Bailey Avenue in the City of Buffalo. This project will include transit and streetscape enhancements as well as smart technology implementation.

  3. NFTA Bus System-wide High-Capacity Transit Enhancements: The implementation of transit enhancements along select corridors

  4. NY Route 33, Kensington Expressway Project: Reconnecting neighborhoods in the City of Buffalo that were divided by the construction of the Kensington Expressway. (This project has already been reviewed by ICG as PIN 551252 in GBNRTC 2023-2027 TIP. See Above)

  5. Regional Traffic Signal Enhancement: Deploy and operate an integrated traffic signal control system for the Buffalo-Niagara region.

  6. Region Central Infrastructure Re- Envisioning: Restore community connectivity within Region Central, a collection of neighborhoods adjacent to NY RT 198/Scajaquada Expressway between I-190 and NY RT 33 in the City of Buffalo.