THIS
DATA
CURRENT
AS
OF
THE
FEDERAL
REGISTER
DATED
MAY
12,
2003
40
CFR
Protection
of
Environment
CHAPTER
I
ENVIRONMENTAL
PROTECTION
AGENCY
(
CONTINUED)

SUBCHAPTER
C
­­
AIR
PROGRAMS
(
CONTINUED)

PART
93
­­
DETERMINING
CONFORMITY
OF
FEDERAL
ACTIONS
TO
STATE
OR
FEDERAL
IMPLEMENTATION
PLANS
Subpart
A
­­
Conformity
to
State
or
Federal
Implementation
Plans
of
Transportation
Plans,
Programs,
and
Projects
Developed,
Funded
or
Approved
Under
Title
23
U.
S.
C.
or
the
Federal
Transit
Laws
Sec.
93.100
Purpose.
93.101
Definitions.
93.102
Applicability.
93.103
Priority.
93.104
Frequency
of
conformity
determinations.
93.105
Consultation.
93.106
Content
of
transportation
plans.
93.107
Relationship
of
transportation
plan
and
TIP
conformity
with
the
NEPA
process.
93.108
Fiscal
constraints
for
transportation
plans
and
TIPs.
93.109
Criteria
and
procedures
for
determining
conformity
of
transportation
plans,
programs,
and
projects:
General.
93.110
Criteria
and
procedures:
Latest
planning
assumptions.
93.111
Criteria
and
procedures:
Latest
emissions
model.
93.112
Criteria
and
procedures:
Consultation.
93.113
Criteria
and
procedures:
Timely
implementation
of
TCMs.
93.114
Criteria
and
procedures:
Currently
conforming
transportation
plan
and
TIP.
93.115
Criteria
and
procedures:
Projects
from
a
plan
and
TIP.
93.116
Criteria
and
procedures:
Localized
CO
and
PM10
violations
(
hot
spots).
93.117
Criteria
and
procedures:
Compliance
with
PM10
control
measures.
93.118
Criteria
and
procedures:
Motor
vehicle
emissions
budget.
93.119
Criteria
and
procedures:
Emission
reductions
in
areas
without
motor
vehicle
emissions
budgets.
93.120
Consequences
of
control
strategy
implementation
plan
failures.
93.121
Requirements
for
adoption
or
approval
of
projects
by
other
recipients
of
funds
designated
under
title
23
U.
S.
C.
or
the
Federal
Transit
Laws.
93.122
Procedures
for
determining
regional
transportation­
related
emissions.
93.123
Procedures
for
determining
localized
CO
and
PM10
concentrations
(
hot­
spot
analysis).

1
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
93.124
Using
the
motor
vehicle
emissions
budget
in
the
applicable
implementation
plan
(
or
implementation
plan
submission).
93.125
Enforceability
of
design
concept
and
scope
and
project­
level
mitigation
and
control
measures.
93.126
Exempt
projects.
93.127
Projects
exempt
from
regional
emissions
analyses.
93.128
Traffic
signal
synchronization
projects.
93.129
Special
exemptions
from
conformity
requirements
for
pilot
program
areas.

Subpart
B
­­
Determining
Conformity
of
General
Federal
Actions
to
State
or
Federal
Implementation
Plans
93.150
Prohibition.
93.151
State
implementation
plan
(
SIP)
revision.
93.152
Definitions.
93.153
Applicability.
93.154
Conformity
analysis.
93.155
Reporting
requirements.
93.156
Public
participation.
93.157
Frequency
of
conformity
determinations.
93.158
Criteria
for
determining
conformity
of
general
Federal
actions.
93.159
Procedures
for
conformity
determinations
of
general
Federal
actions.
93.160
Mitigation
of
air
quality
impacts.

Authority:
42
U.
S.
C.
7401­
7671q.

Source:
58
FR
62235,
Nov.
24,
1993,
unless
otherwise
noted.

Subpart
A
­­
Conformity
to
State
or
Federal
Implementation
Plans
of
Transportation
Plans,
Programs,
and
Projects
Developed,
Funded
or
Approved
Under
Title
23
U.
S.
C.
or
the
Federal
Transit
Laws
Source:
62
FR
43801,
Aug.
15,
1997,
unless
otherwise
noted.

[
TOP]
§
93.100
Purpose.

The
purpose
of
this
subpart
is
to
implement
section
176(
c)
of
the
Clean
Air
Act
(
CAA),
as
amended
(
42
U.
S.
C.
7401
et
seq.),
and
the
related
requirements
of
23
U.
S.
C.
109(
j),
with
respect
to
the
conformity
of
transportation
plans,
programs,
and
projects
which
are
developed,
funded,
or
approved
by
the
United
States
Department
of
Transportation
(
DOT),
and
by
metropolitan
planning
organizations
(
MPOs)
or
other
recipients
of
funds
under
title
23
U.
S.
C.
or
the
Federal
Transit
Laws
(
49
U.
S.
C.
Chapter
53).
This
subpart
sets
forth
policy,
criteria,
and
procedures
for
demonstrating
and
assuring
conformity
of
such
activities
to
an
applicable
implementation
plan
developed
pursuant
to
section
110
and
Part
D
of
the
CAA.

[
TOP]
§
93.101
Definitions.

Terms
used
but
not
defined
in
this
subpart
shall
have
the
meaning
given
them
by
the
CAA,
titles
23
and
49
U.
S.
C.,
other
Environmental
Protection
Agency
(
EPA)
regulations,
or
other
DOT
regulations,
in
that
order
of
priority.

Applicable
implementation
plan
is
defined
in
section
302(
q)
of
the
CAA
and
means
the
portion
(
or
2
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
portions)
of
the
implementation
plan,
or
most
recent
revision
thereof,
which
has
been
approved
under
section
110,
or
promulgated
under
section
110(
c),
or
promulgated
or
approved
pursuant
to
regulations
promulgated
under
section
301(
d)
and
which
implements
the
relevant
requirements
of
the
CAA.

CAA
means
the
Clean
Air
Act,
as
amended
(
42
U.
S.
C.
7401
et
seq.).

Cause
or
contribute
to
a
new
violation
for
a
project
means:

(
1)
To
cause
or
contribute
to
a
new
violation
of
a
standard
in
the
area
substantially
affected
by
the
project
or
over
a
region
which
would
otherwise
not
be
in
violation
of
the
standard
during
the
future
period
in
question,
if
the
project
were
not
implemented;
or
(
2)
To
contribute
to
a
new
violation
in
a
manner
that
would
increase
the
frequency
or
severity
of
a
new
violation
of
a
standard
in
such
area.

Clean
data
means
air
quality
monitoring
data
determined
by
EPA
to
meet
the
requirements
of
40
CFR
part
58
that
indicate
attainment
of
the
national
ambient
air
quality
standard.

Control
strategy
implementation
plan
revision
is
the
implementation
plan
which
contains
specific
strategies
for
controlling
the
emissions
of
and
reducing
ambient
levels
of
pollutants
in
order
to
satisfy
CAA
requirements
for
demonstrations
of
reasonable
further
progress
and
attainment
(
CAA
sections
182(
b)(
1),
182(
c)(
2)(
A),
182(
c)(
2)(
B),
187(
a)(
7),
189(
a)(
1)(
B),
and
189(
b)(
1)(
A);
and
sections
192(
a)
and
192(
b),
for
nitrogen
dioxide).

Design
concept
means
the
type
of
facility
identified
by
the
project,
e.
g.,
freeway,
expressway,
arterial
highway,
grade­
separated
highway,
reserved
right­
of­
way
rail
transit,
mixed­
traffic
rail
transit,
exclusive
busway,
etc.

Design
scope
means
the
design
aspects
which
will
affect
the
proposed
facility's
impact
on
regional
emissions,
usually
as
they
relate
to
vehicle
or
person
carrying
capacity
and
control,
e.
g.,
number
of
lanes
or
tracks
to
be
constructed
or
added,
length
of
project,
signalization,
access
control
including
approximate
number
and
location
of
interchanges,
preferential
treatment
for
high­
occupancy
vehicles,
etc.

DOT
means
the
United
States
Department
of
Transportation.

EPA
means
the
Environmental
Protection
Agency.

FHWA
means
the
Federal
Highway
Administration
of
DOT.

FHWA/
FTA
project,
for
the
purpose
of
this
subpart,
is
any
highway
or
transit
project
which
is
proposed
to
receive
funding
assistance
and
approval
through
the
Federal­
Aid
Highway
program
or
the
Federal
mass
transit
program,
or
requires
Federal
Highway
Administration
(
FHWA)
or
Federal
Transit
Administration
(
FTA)
approval
for
some
aspect
of
the
project,
such
as
connection
to
an
interstate
highway
or
deviation
from
applicable
design
standards
on
the
interstate
system.

Forecast
period
with
respect
to
a
transportation
plan
is
the
period
covered
by
the
transportation
plan
pursuant
to
23
CFR
part
450.

FTA
means
the
Federal
Transit
Administration
of
DOT.

3
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
Highway
project
is
an
undertaking
to
implement
or
modify
a
highway
facility
or
highway­
related
program.
Such
an
undertaking
consists
of
all
required
phases
necessary
for
implementation.
For
analytical
purposes,
it
must
be
defined
sufficiently
to:

(
1)
Connect
logical
termini
and
be
of
sufficient
length
to
address
environmental
matters
on
a
broad
scope;

(
2)
Have
independent
utility
or
significance,
i.
e.,
be
usable
and
be
a
reasonable
expenditure
even
if
no
additional
transportation
improvements
in
the
area
are
made;
and
(
3)
Not
restrict
consideration
of
alternatives
for
other
reasonably
foreseeable
transportation
improvements.

Horizon
year
is
a
year
for
which
the
transportation
plan
describes
the
envisioned
transportation
system
according
to
§
93.106.

Hot­
spot
analysis
is
an
estimation
of
likely
future
localized
CO
and
PM10
pollutant
concentrations
and
a
comparison
of
those
concentrations
to
the
national
ambient
air
quality
standards.
Hot­
spot
analysis
assesses
impacts
on
a
scale
smaller
than
the
entire
nonattainment
or
maintenance
area,
including,
for
example,
congested
roadway
intersections
and
highways
or
transit
terminals,
and
uses
an
air
quality
dispersion
model
to
determine
the
effects
of
emissions
on
air
quality.

Increase
the
frequency
or
severity
means
to
cause
a
location
or
region
to
exceed
a
standard
more
often
or
to
cause
a
violation
at
a
greater
concentration
than
previously
existed
and/
or
would
otherwise
exist
during
the
future
period
in
question,
if
the
project
were
not
implemented.

Lapse
means
that
the
conformity
determination
for
a
transportation
plan
or
TIP
has
expired,
and
thus
there
is
no
currently
conforming
transportation
plan
and
TIP.

Maintenance
area
means
any
geographic
region
of
the
United
States
previously
designated
nonattainment
pursuant
to
the
CAA
Amendments
of
1990
and
subsequently
redesignated
to
attainment
subject
to
the
requirement
to
develop
a
maintenance
plan
under
section
175A
of
the
CAA,
as
amended.

Maintenance
plan
means
an
implementation
plan
under
section
175A
of
the
CAA,
as
amended.

Metropolitan
planning
organization
(
MPO)
is
that
organization
designated
as
being
responsible,
together
with
the
State,
for
conducting
the
continuing,
cooperative,
and
comprehensive
planning
process
under
23
U.
S.
C.
134
and
49
U.
S.
C.
5303.
It
is
the
forum
for
cooperative
transportation
decision­
making.

Milestone
has
the
meaning
given
in
sections
182(
g)(
1)
and
189(
c)
of
the
CAA.
A
milestone
consists
of
an
emissions
level
and
the
date
on
which
it
is
required
to
be
achieved.

Motor
vehicle
emissions
budget
is
that
portion
of
the
total
allowable
emissions
defined
in
the
submitted
or
approved
control
strategy
implementation
plan
revision
or
maintenance
plan
for
a
certain
date
for
the
purpose
of
meeting
reasonable
further
progress
milestones
or
demonstrating
attainment
or
maintenance
of
the
NAAQS,
for
any
criteria
pollutant
or
its
precursors,
allocated
to
highway
and
transit
vehicle
use
and
emissions.

National
ambient
air
quality
standards
(
NAAQS)
are
those
standards
established
pursuant
to
section
109
of
the
CAA.

NEPA
means
the
National
Environmental
Policy
Act
of
1969,
as
amended
(
42
U.
S.
C.
4321
et
seq.).

4
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
NEPA
process
completion,
for
the
purposes
of
this
subpart,
with
respect
to
FHWA
or
FTA,
means
the
point
at
which
there
is
a
specific
action
to
make
a
determination
that
a
project
is
categorically
excluded,
to
make
a
Finding
of
No
Significant
Impact,
or
to
issue
a
record
of
decision
on
a
Final
Environmental
Impact
Statement
under
NEPA.

Nonattainment
area
means
any
geographic
region
of
the
United
States
which
has
been
designated
as
nonattainment
under
section
107
of
the
CAA
for
any
pollutant
for
which
a
national
ambient
air
quality
standard
exists.

Project
means
a
highway
project
or
transit
project.

Protective
finding
means
a
determination
by
EPA
that
a
submitted
control
strategy
implementation
plan
revision
contains
adopted
control
measures
or
written
commitments
to
adopt
enforceable
control
measures
that
fully
satisfy
the
emissions
reductions
requirements
relevant
to
the
statutory
provision
for
which
the
implementation
plan
revision
was
submitted,
such
as
reasonable
further
progress
or
attainment.

Recipient
of
funds
designated
under
title
23
U.
S.
C.
or
the
Federal
Transit
Laws
means
any
agency
at
any
level
of
State,
county,
city,
or
regional
government
that
routinely
receives
title
23
U.
S.
C.
or
Federal
Transit
Laws
funds
to
construct
FHWA/
FTA
projects,
operate
FHWA/
FTA
projects
or
equipment,
purchase
equipment,
or
undertake
other
services
or
operations
via
contracts
or
agreements.
This
definition
does
not
include
private
landowners
or
developers,
or
contractors
or
entities
that
are
only
paid
for
services
or
products
created
by
their
own
employees.

Regionally
significant
project
means
a
transportation
project
(
other
than
an
exempt
project)
that
is
on
a
facility
which
serves
regional
transportation
needs
(
such
as
access
to
and
from
the
area
outside
of
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.

Safety
margin
means
the
amount
by
which
the
total
projected
emissions
from
all
sources
of
a
given
pollutant
are
less
than
the
total
emissions
that
would
satisfy
the
applicable
requirement
for
reasonable
further
progress,
attainment,
or
maintenance.

Standard
means
a
national
ambient
air
quality
standard.

Transit
is
mass
transportation
by
bus,
rail,
or
other
conveyance
which
provides
general
or
special
service
to
the
public
on
a
regular
and
continuing
basis.
It
does
not
include
school
buses
or
charter
or
sightseeing
services.

Transit
project
is
an
undertaking
to
implement
or
modify
a
transit
facility
or
transit­
related
program;
purchase
transit
vehicles
or
equipment;
or
provide
financial
assistance
for
transit
operations.
It
does
not
include
actions
that
are
solely
within
the
jurisdiction
of
local
transit
agencies,
such
as
changes
in
routes,
schedules,
or
fares.
It
may
consist
of
several
phases.
For
analytical
purposes,
it
must
be
defined
inclusively
enough
to:

(
1)
Connect
logical
termini
and
be
of
sufficient
length
to
address
environmental
matters
on
a
broad
scope;

5
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
2)
Have
independent
utility
or
independent
significance,
i.
e.,
be
a
reasonable
expenditure
even
if
no
additional
transportation
improvements
in
the
area
are
made;
and
(
3)
Not
restrict
consideration
of
alternatives
for
other
reasonably
foreseeable
transportation
improvements.

Transportation
control
measure
(
TCM)
is
any
measure
that
is
specifically
identified
and
committed
to
in
the
applicable
implementation
plan
that
is
either
one
of
the
types
listed
in
section
108
of
the
CAA,
or
any
other
measure
for
the
purpose
of
reducing
emissions
or
concentrations
of
air
pollutants
from
transportation
sources
by
reducing
vehicle
use
or
changing
traffic
flow
or
congestion
conditions.
Notwithstanding
the
first
sentence
of
this
definition,
vehicle
technology­
based,
fuel­
based,
and
maintenance­
based
measures
which
control
the
emissions
from
vehicles
under
fixed
traffic
conditions
are
not
TCMs
for
the
purposes
of
this
subpart.

Transportation
improvement
program
(
TIP)
means
a
staged,
multiyear,
intermodal
program
of
transportation
projects
covering
a
metropolitan
planning
area
which
is
consistent
with
the
metropolitan
transportation
plan,
and
developed
pursuant
to
23
CFR
part
450.

Transportation
plan
means
the
official
intermodal
metropolitan
transportation
plan
that
is
developed
through
the
metropolitan
planning
process
for
the
metropolitan
planning
area,
developed
pursuant
to
23
CFR
part
450.

Transportation
project
is
a
highway
project
or
a
transit
project.

Written
commitment
for
the
purposes
of
this
subpart
means
a
written
commitment
that
includes
a
description
of
the
action
to
be
taken;
a
schedule
for
the
completion
of
the
action;
a
demonstration
that
funding
necessary
to
implement
the
action
has
been
authorized
by
the
appropriating
or
authorizing
body;
and
an
acknowledgment
that
the
commitment
is
an
enforceable
obligation
under
the
applicable
implementation
plan.

[
TOP]
§
93.102
Applicability.

(
a)
Action
applicability.

(
1)
Except
as
provided
for
in
paragraph
(
c)
of
this
section
or
§
93.126,
conformity
determinations
are
required
for:

(
i)
The
adoption,
acceptance,
approval
or
support
of
transportation
plans
and
transportation
plan
amendments
developed
pursuant
to
23
CFR
part
450
or
49
CFR
part
613
by
an
MPO
or
DOT;

(
ii)
The
adoption,
acceptance,
approval
or
support
of
TIPs
and
TIP
amendments
developed
pursuant
to
23
CFR
part
450
or
49
CFR
part
613
by
an
MPO
or
DOT;
and
(
iii)
The
approval,
funding,
or
implementation
of
FHWA/
FTA
projects.

(
2)
Conformity
determinations
are
not
required
under
this
subpart
for
individual
projects
which
are
not
FHWA/
FTA
projects.
However,
§
93.121
applies
to
such
projects
if
they
are
regionally
significant.

(
b)
Geographic
applicability.
The
provisions
of
this
subpart
shall
apply
in
all
nonattainment
and
6
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
maintenance
areas
for
transportation­
related
criteria
pollutants
for
which
the
area
is
designated
nonattainment
or
has
a
maintenance
plan.

(
1)
The
provisions
of
this
subpart
apply
with
respect
to
emissions
of
the
following
criteria
pollutants:
ozone,
carbon
monoxide
(
CO),
nitrogen
dioxide
(
NO2),
and
particles
with
an
aerodynamic
diameter
less
than
or
equal
to
a
nominal
10
micrometers
(
PM10).

(
2)
The
provisions
of
this
subpart
apply
with
respect
to
emissions
of
the
following
precursor
pollutants:

(
i)
Volatile
organic
compounds
(
VOC)
and
nitrogen
oxides
(
NOX)
in
ozone
areas;

(
ii)
NOX
in
NO2
areas;
and
(
iii)
VOC,
NOX,
and
PM10
in
PM10
areas
if
the
EPA
Regional
Administrator
or
the
director
of
the
State
air
agency
has
made
a
finding
that
transportation­
related
precursor
emissions
within
the
nonattainment
area
are
a
significant
contributor
to
the
PM10
nonattainment
problem
and
has
so
notified
the
MPO
and
DOT,
or
if
the
applicable
implementation
plan
(
or
implementation
plan
submission)
establishes
a
budget
for
such
emissions
as
part
of
the
reasonable
further
progress,
attainment
or
maintenance
strategy.

(
3)
The
provisions
of
this
subpart
apply
to
maintenance
areas
for
20
years
from
the
date
EPA
approves
the
area's
request
under
section
107(
d)
of
the
CAA
for
redesignation
to
attainment,
unless
the
applicable
implementation
plan
specifies
that
the
provisions
of
this
subpart
shall
apply
for
more
than
20
years.

(
c)
Limitations.
(
1)
Projects
subject
to
this
subpart
for
which
the
NEPA
process
and
a
conformity
determination
have
been
completed
by
DOT
may
proceed
toward
implementation
without
further
conformity
determinations
unless
more
than
three
years
have
elapsed
since
the
most
recent
major
step
(
NEPA
process
completion;
start
of
final
design;
acquisition
of
a
significant
portion
of
the
right­
of­
way;
or
approval
of
the
plans,
specifications
and
estimates)
occurred.
All
phases
of
such
projects
which
were
considered
in
the
conformity
determination
are
also
included,
if
those
phases
were
for
the
purpose
of
funding
final
design,
right­
of­
way
acquisition,
construction,
or
any
combination
of
these
phases.

(
2)
A
new
conformity
determination
for
the
project
will
be
required
if
there
is
a
significant
change
in
project
design
concept
and
scope,
if
a
supplemental
environmental
document
for
air
quality
purposes
is
initiated,
or
if
three
years
have
elapsed
since
the
most
recent
major
step
to
advance
the
project
occurred.

(
d)
Grace
period
for
new
nonattainment
areas.
For
areas
or
portions
of
areas
which
have
been
continuously
designated
attainment
or
not
designated
for
any
standard
for
ozone,
CO,
PM10
or
NO2
since
1990
and
are
subsequently
redesignated
to
nonattainment
or
designated
nonattainment
for
any
standard
for
any
of
these
pollutants,
the
provisions
of
this
subpart
shall
not
apply
with
respect
to
that
standard
for
12
months
following
the
effective
date
of
final
designation
to
nonattainment
for
each
standard
for
such
pollutant.

[
62
FR
43801,
Aug.
15,
1997,
as
amended
at
65
FR
18918,
Apr.
10,
2000;
67
FR
50817,
Aug.
6,
2002]

[
TOP]
§
93.103
Priority.

When
assisting
or
approving
any
action
with
air
quality­
related
consequences,
FHWA
and
FTA
shall
give
priority
to
the
implementation
of
those
transportation
portions
of
an
applicable
implementation
plan
7
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
prepared
to
attain
and
maintain
the
NAAQS.
This
priority
shall
be
consistent
with
statutory
requirements
for
allocation
of
funds
among
States
or
other
jurisdictions.

[
TOP]
§
93.104
Frequency
of
conformity
determinations.

(
a)
Conformity
determinations
and
conformity
redeterminations
for
transportation
plans,
TIPs,
and
FHWA/
FTA
projects
must
be
made
according
to
the
requirements
of
this
section
and
the
applicable
implementation
plan.

(
b)
Frequency
of
conformity
determinations
for
transportation
plans.
(
1)
Each
new
transportation
plan
must
be
demonstrated
to
conform
before
the
transportation
plan
is
approved
by
the
MPO
or
accepted
by
DOT.

(
2)
All
transportation
plan
revisions
must
be
found
to
conform
before
the
transportation
plan
revisions
are
approved
by
the
MPO
or
accepted
by
DOT,
unless
the
revision
merely
adds
or
deletes
exempt
projects
listed
in
§
93.126
or
§
93.127.
The
conformity
determination
must
be
based
on
the
transportation
plan
and
the
revision
taken
as
a
whole.

(
3)
The
MPO
and
DOT
must
determine
the
conformity
of
the
transportation
plan
no
less
frequently
than
every
three
years.
If
more
than
three
years
elapse
after
DOT's
conformity
determination
without
the
MPO
and
DOT
determining
conformity
of
the
transportation
plan,
the
existing
conformity
determination
will
lapse.

(
c)
Frequency
of
conformity
determinations
for
transportation
improvement
programs.
(
1)
A
new
TIP
must
be
demonstrated
to
conform
before
the
TIP
is
approved
by
the
MPO
or
accepted
by
DOT.

(
2)
A
TIP
amendment
requires
a
new
conformity
determination
for
the
entire
TIP
before
the
amendment
is
approved
by
the
MPO
or
accepted
by
DOT,
unless
the
amendment
merely
adds
or
deletes
exempt
projects
listed
in
§
93.126
or
§
93.127.

(
3)
The
MPO
and
DOT
must
determine
the
conformity
of
the
TIP
no
less
frequently
than
every
three
years.
If
more
than
three
years
elapse
after
DOT's
conformity
determination
without
the
MPO
and
DOT
determining
conformity
of
the
TIP,
the
existing
conformity
determination
will
lapse.

(
4)
After
an
MPO
adopts
a
new
or
revised
transportation
plan,
conformity
of
the
TIP
must
be
redetermined
by
the
MPO
and
DOT
within
six
months
from
the
date
of
DOT's
conformity
determination
for
the
transportation
plan,
unless
the
new
or
revised
plan
merely
adds
or
deletes
exempt
projects
listed
in
§
§
93.126
and
93.127.
Otherwise,
the
existing
conformity
determination
for
the
TIP
will
lapse.

(
d)
Projects.
FHWA/
FTA
projects
must
be
found
to
conform
before
they
are
adopted,
accepted,
approved,
or
funded.
Conformity
must
be
redetermined
for
any
FHWA/
FTA
project
if
three
years
have
elapsed
since
the
most
recent
major
step
to
advance
the
project
(
NEPA
process
completion;
start
of
final
design;
acquisition
of
a
significant
portion
of
the
right­
of­
way;
or
approval
of
the
plans,
specifications
and
estimates)
occurred.

(
e)
Triggers
for
transportation
plan
and
TIP
conformity
determinations.
Conformity
of
existing
transportation
plans
and
TIPs
must
be
redetermined
within
18
months
of
the
following,
or
the
existing
conformity
determination
will
lapse,
and
no
new
project­
level
conformity
determinations
may
be
made
8
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
until
conformity
of
the
transportation
plan
and
TIP
has
been
determined
by
the
MPO
and
DOT:

(
1)
November
24,
1993;

(
2)
The
effective
date
of
EPA's
finding
that
motor
vehicle
emissions
budgets
from
an
initially
submitted
control
strategy
implementation
plan
or
maintenance
plan
are
adequate
pursuant
to
§
93.118(
e)
and
can
be
used
for
transportation
conformity
purposes;

(
3)
EPA
approval
of
a
control
strategy
implementation
plan
revision
or
maintenance
plan
which
establishes
or
revises
a
motor
vehicle
emissions
budget;

(
4)
EPA
approval
of
an
implementation
plan
revision
that
adds,
deletes,
or
changes
TCMs;
and
(
5)
EPA
promulgation
of
an
implementation
plan
which
establishes
or
revises
a
motor
vehicle
emissions
budget
or
adds,
deletes,
or
changes
TCMs.

[
62
FR
43801,
Aug.
15,
1997,
as
amended
at
67
FR
50817,
Aug.
6,
2002]

[
TOP]
§
93.105
Consultation.

(
a)
General.
The
implementation
plan
revision
required
under
§
51.390
of
this
chapter
shall
include
procedures
for
interagency
consultation
(
Federal,
State,
and
local),
resolution
of
conflicts,
and
public
consultation
as
described
in
paragraphs
(
a)
through
(
e)
of
this
section.
Public
consultation
procedures
will
be
developed
in
accordance
with
the
requirements
for
public
involvement
in
23
CFR
part
450.

(
1)
The
implementation
plan
revision
shall
include
procedures
to
be
undertaken
by
MPOs,
State
departments
of
transportation,
and
DOT
with
State
and
local
air
quality
agencies
and
EPA
before
making
conformity
determinations,
and
by
State
and
local
air
agencies
and
EPA
with
MPOs,
State
departments
of
transportation,
and
DOT
in
developing
applicable
implementation
plans.

(
2)
Before
EPA
approves
the
conformity
implementation
plan
revision
required
by
§
51.390
of
this
chapter,
MPOs
and
State
departments
of
transportation
must
provide
reasonable
opportunity
for
consultation
with
State
air
agencies,
local
air
quality
and
transportation
agencies,
DOT,
and
EPA,
including
consultation
on
the
issues
described
in
paragraph
(
c)(
1)
of
this
section,
before
making
conformity
determinations.

(
b)
Interagency
consultation
procedures:
General
factors.
(
1)
States
shall
provide
well­
defined
consultation
procedures
in
the
implementation
plan
whereby
representatives
of
the
MPOs,
State
and
local
air
quality
planning
agencies,
State
and
local
transportation
agencies,
and
other
organizations
with
responsibilities
for
developing,
submitting,
or
implementing
provisions
of
an
implementation
plan
required
by
the
CAA
must
consult
with
each
other
and
with
local
or
regional
offices
of
EPA,
FHWA,
and
FTA
on
the
development
of
the
implementation
plan,
the
transportation
plan,
the
TIP,
and
associated
conformity
determinations.

(
2)
Interagency
consultation
procedures
shall
include
at
a
minimum
the
following
general
factors
and
the
specific
processes
in
paragraph
(
c)
of
this
section:

(
i)
The
roles
and
responsibilities
assigned
to
each
agency
at
each
stage
in
the
implementation
plan
development
process
and
the
transportation
planning
process,
including
technical
meetings;

9
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
ii)
The
organizational
level
of
regular
consultation;

(
iii)
A
process
for
circulating
(
or
providing
ready
access
to)
draft
documents
and
supporting
materials
for
comment
before
formal
adoption
or
publication;

(
iv)
The
frequency
of,
or
process
for
convening,
consultation
meetings
and
responsibilities
for
establishing
meeting
agendas;

(
v)
A
process
for
responding
to
the
significant
comments
of
involved
agencies;
and
(
vi)
A
process
for
the
development
of
a
list
of
the
TCMs
which
are
in
the
applicable
implementation
plan.

(
c)
Interagency
consultation
procedures:
Specific
processes.
Interagency
consultation
procedures
shall
also
include
the
following
specific
processes:

(
1)
A
process
involving
the
MPO,
State
and
local
air
quality
planning
agencies,
State
and
local
transportation
agencies,
EPA,
and
DOT
for
the
following:

(
i)
Evaluating
and
choosing
a
model
(
or
models)
and
associated
methods
and
assumptions
to
be
used
in
hot­
spot
analyses
and
regional
emissions
analyses;

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

(
iii)
Evaluating
whether
projects
otherwise
exempted
from
meeting
the
requirements
of
this
subpart
(
see
§
§
93.126
and
93.127)
should
be
treated
as
non­
exempt
in
cases
where
potential
adverse
emissions
impacts
may
exist
for
any
reason;

(
iv)
Making
a
determination,
as
required
by
§
93.113(
c)(
1),
whether
past
obstacles
to
implementation
of
TCMs
which
are
behind
the
schedule
established
in
the
applicable
implementation
plan
have
been
identified
and
are
being
overcome,
and
whether
State
and
local
agencies
with
influence
over
approvals
or
funding
for
TCMs
are
giving
maximum
priority
to
approval
or
funding
for
TCMs.
This
process
shall
also
consider
whether
delays
in
TCM
implementation
necessitate
revisions
to
the
applicable
implementation
plan
to
remove
TCMs
or
substitute
TCMs
or
other
emission
reduction
measures;

(
v)
Identifying,
as
required
by
§
93.123(
b),
projects
located
at
sites
in
PM10
nonattainment
areas
which
have
vehicle
and
roadway
emission
and
dispersion
characteristics
which
are
essentially
identical
to
those
at
sites
which
have
violations
verified
by
monitoring,
and
therefore
require
quantitative
PM10
hot­
spot
analysis;

(
vi)
Notification
of
transportation
plan
or
TIP
revisions
or
amendments
which
merely
add
or
delete
exempt
projects
listed
in
§
93.126
or
§
93.127;
and
(
vii)
Choosing
conformity
tests
and
methodologies
for
isolated
rural
nonattainment
and
maintenance
areas,
as
required
by
§
93.109(
g)(
2)(
iii).

10
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
2)
A
process
involving
the
MPO
and
State
and
local
air
quality
planning
agencies
and
transportation
agencies
for
the
following:

(
i)
Evaluating
events
which
will
trigger
new
conformity
determinations
in
addition
to
those
triggering
events
established
in
§
93.104;
and
(
ii)
Consulting
on
emissions
analysis
for
transportation
activities
which
cross
the
borders
of
MPOs
or
nonattainment
areas
or
air
basins.

(
3)
Where
the
metropolitan
planning
area
does
not
include
the
entire
nonattainment
or
maintenance
area,
a
process
involving
the
MPO
and
the
State
department
of
transportation
for
cooperative
planning
and
analysis
for
purposes
of
determining
conformity
of
all
projects
outside
the
metropolitan
area
and
within
the
nonattainment
or
maintenance
area.

(
4)
A
process
to
ensure
that
plans
for
construction
of
regionally
significant
projects
which
are
not
FHWA/
FTA
projects
(
including
projects
for
which
alternative
locations,
design
concept
and
scope,
or
the
no­
build
option
are
still
being
considered),
including
those
by
recipients
of
funds
designated
under
title
23
U.
S.
C.
or
the
Federal
Transit
Laws,
are
disclosed
to
the
MPO
on
a
regular
basis,
and
to
ensure
that
any
changes
to
those
plans
are
immediately
disclosed.

(
5)
A
process
involving
the
MPO
and
other
recipients
of
funds
designated
under
title
23
U.
S.
C.
or
the
Federal
Transit
Laws
for
assuming
the
location
and
design
concept
and
scope
of
projects
which
are
disclosed
to
the
MPO
as
required
by
paragraph
(
c)(
4)
of
this
section
but
whose
sponsors
have
not
yet
decided
these
features,
in
sufficient
detail
to
perform
the
regional
emissions
analysis
according
to
the
requirements
of
§
93.122.

(
6)
A
process
for
consulting
on
the
design,
schedule,
and
funding
of
research
and
data
collection
efforts
and
regional
transportation
model
development
by
the
MPO
(
e.
g.,
household/
travel
transportation
surveys).

(
7)
A
process
for
providing
final
documents
(
including
applicable
implementation
plans
and
implementation
plan
revisions)
and
supporting
information
to
each
agency
after
approval
or
adoption.
This
process
is
applicable
to
all
agencies
described
in
paragraph
(
a)(
1)
of
this
section,
including
Federal
agencies.

(
d)
Resolving
conflicts.
Conflicts
among
State
agencies
or
between
State
agencies
and
an
MPO
shall
be
escalated
to
the
Governor
if
they
cannot
be
resolved
by
the
heads
of
the
involved
agencies.
The
State
air
agency
has
14
calendar
days
to
appeal
to
the
Governor
after
the
State
DOT
or
MPO
has
notified
the
State
air
agency
head
of
the
resolution
of
his
or
her
comments.
The
implementation
plan
revision
required
by
§
51.390
of
this
chapter
shall
define
the
procedures
for
starting
the
14­
day
clock.
If
the
State
air
agency
appeals
to
the
Governor,
the
final
conformity
determination
must
have
the
concurrence
of
the
Governor.
If
the
State
air
agency
does
not
appeal
to
the
Governor
within
14
days,
the
MPO
or
State
department
of
transportation
may
proceed
with
the
final
conformity
determination.
The
Governor
may
delegate
his
or
her
role
in
this
process,
but
not
to
the
head
or
staff
of
the
State
or
local
air
agency,
State
department
of
transportation,
State
transportation
commission
or
board,
or
an
MPO.

(
e)
Public
consultation
procedures.
Affected
agencies
making
conformity
determinations
on
transportation
plans,
programs,
and
projects
shall
establish
a
proactive
public
involvement
process
which
provides
opportunity
for
public
review
and
comment
by,
at
a
minimum,
providing
reasonable
public
access
to
technical
and
policy
information
considered
by
the
agency
at
the
beginning
of
the
public
comment
period
11
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
and
prior
to
taking
formal
action
on
a
conformity
determination
for
all
transportation
plans
and
TIPs,
consistent
with
these
requirements
and
those
of
23
CFR
450.316(
b).
Any
charges
imposed
for
public
inspection
and
copying
should
be
consistent
with
the
fee
schedule
contained
in
49
CFR
7.95.
In
addition,
these
agencies
must
specifically
address
in
writing
all
public
comments
that
known
plans
for
a
regionally
significant
project
which
is
not
receiving
FHWA
or
FTA
funding
or
approval
have
not
been
properly
reflected
in
the
emissions
analysis
supporting
a
proposed
conformity
finding
for
a
transportation
plan
or
TIP.
These
agencies
shall
also
provide
opportunity
for
public
involvement
in
conformity
determinations
for
projects
where
otherwise
required
by
law.

[
TOP]
§
93.106
Content
of
transportation
plans.

(
a)
Transportation
plans
adopted
after
January
1,
1997
in
serious,
severe,
or
extreme
ozone
nonattainment
areas
and
in
serious
CO
nonattainment
areas.
If
the
metropolitan
planning
area
contains
an
urbanized
area
population
greater
than
200,000,
the
transportation
plan
must
specifically
describe
the
transportation
system
envisioned
for
certain
future
years
which
shall
be
called
horizon
years.

(
1)
The
agency
or
organization
developing
the
transportation
plan
may
choose
any
years
to
be
horizon
years,
subject
to
the
following
restrictions:

(
i)
Horizon
years
may
be
no
more
than
10
years
apart;

(
ii)
The
first
horizon
year
may
be
no
more
than
10
years
from
the
base
year
used
to
validate
the
transportation
demand
planning
model;

(
iii)
If
the
attainment
year
is
in
the
time
span
of
the
transportation
plan,
the
attainment
year
must
be
a
horizon
year;
and
(
iv)
The
last
horizon
year
must
be
the
last
year
of
the
transportation
plan's
forecast
period.

(
2)
For
these
horizon
years:

(
i)
The
transportation
plan
shall
quantify
and
document
the
demographic
and
employment
factors
influencing
expected
transportation
demand,
including
land
use
forecasts,
in
accordance
with
implementation
plan
provisions
and
the
consultation
requirements
specified
by
§
93.105;

(
ii)
The
highway
and
transit
system
shall
be
described
in
terms
of
the
regionally
significant
additions
or
modifications
to
the
existing
transportation
network
which
the
transportation
plan
envisions
to
be
operational
in
the
horizon
years.
Additions
and
modifications
to
the
highway
network
shall
be
sufficiently
identified
to
indicate
intersections
with
existing
regionally
significant
facilities,
and
to
determine
their
effect
on
route
options
between
transportation
analysis
zones.
Each
added
or
modified
highway
segment
shall
also
be
sufficiently
identified
in
terms
of
its
design
concept
and
design
scope
to
allow
modeling
of
travel
times
under
various
traffic
volumes,
consistent
with
the
modeling
methods
for
area­
wide
transportation
analysis
in
use
by
the
MPO.
Transit
facilities,
equipment,
and
services
envisioned
for
the
future
shall
be
identified
in
terms
of
design
concept,
design
scope,
and
operating
policies
that
are
sufficient
for
modeling
of
their
transit
ridership.
Additions
and
modifications
to
the
transportation
network
shall
be
described
sufficiently
to
show
that
there
is
a
reasonable
relationship
between
expected
land
use
and
the
envisioned
transportation
system;
and
12
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
iii)
Other
future
transportation
policies,
requirements,
services,
and
activities,
including
intermodal
activities,
shall
be
described.

(
b)
Moderate
areas
reclassified
to
serious.
Ozone
or
CO
nonattainment
areas
which
are
reclassified
from
moderate
to
serious
and
have
an
urbanized
population
greater
than
200,000
must
meet
the
requirements
of
paragraph
(
a)
of
this
section
within
two
years
from
the
date
of
reclassification.

(
c)
Transportation
plans
for
other
areas.
Transportation
plans
for
other
areas
must
meet
the
requirements
of
paragraph
(
a)
of
this
section
at
least
to
the
extent
it
has
been
the
previous
practice
of
the
MPO
to
prepare
plans
which
meet
those
requirements.
Otherwise,
the
transportation
system
envisioned
for
the
future
must
be
sufficiently
described
within
the
transportation
plans
so
that
a
conformity
determination
can
be
made
according
to
the
criteria
and
procedures
of
§
§
93.109
through
93.119.

(
d)
Savings.
The
requirements
of
this
section
supplement
other
requirements
of
applicable
law
or
regulation
governing
the
format
or
content
of
transportation
plans.

[
TOP]
§
93.107
Relationship
of
transportation
plan
and
TIP
conformity
with
the
NEPA
process.

The
degree
of
specificity
required
in
the
transportation
plan
and
the
specific
travel
network
assumed
for
air
quality
modeling
do
not
preclude
the
consideration
of
alternatives
in
the
NEPA
process
or
other
project
development
studies.
Should
the
NEPA
process
result
in
a
project
with
design
concept
and
scope
significantly
different
from
that
in
the
transportation
plan
or
TIP,
the
project
must
meet
the
criteria
in
§
§
93.109
through
93.119
for
projects
not
from
a
TIP
before
NEPA
process
completion.

[
TOP]
§
93.108
Fiscal
constraints
for
transportation
plans
and
TIPs.

Transportation
plans
and
TIPs
must
be
fiscally
constrained
consistent
with
DOT's
metropolitan
planning
regulations
at
23
CFR
part
450
in
order
to
be
found
in
conformity.

[
TOP]
§
93.109
Criteria
and
procedures
for
determining
conformity
of
transportation
plans,
programs,
and
projects:
General.

(
a)
In
order
for
each
transportation
plan,
program,
and
FHWA/
FTA
project
to
be
found
to
conform,
the
MPO
and
DOT
must
demonstrate
that
the
applicable
criteria
and
procedures
in
this
subpart
are
satisfied,
and
the
MPO
and
DOT
must
comply
with
all
applicable
conformity
requirements
of
implementation
plans
and
of
court
orders
for
the
area
which
pertain
specifically
to
conformity.
The
criteria
for
making
conformity
determinations
differ
based
on
the
action
under
review
(
transportation
plans,
TIPs,
and
FHWA/
FTA
projects),
the
relevant
pollutant(
s),
and
the
status
of
the
implementation
plan.

(
b)
Table
1
in
this
paragraph
indicates
the
criteria
and
procedures
in
§
§
93.110
through
93.119
which
apply
for
transportation
plans,
TIPs,
and
FHWA/
FTA
projects.
Paragraphs
(
c)
through
(
f)
of
this
section
explain
when
the
budget,
emission
reduction,
and
hot
spot
tests
are
required
for
each
pollutant.
Paragraph
(
g)
of
this
section
addresses
isolated
rural
nonattainment
and
maintenance
areas.
Table
1
follows:

13
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
Table
1_
Conformity
Criteria
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
All
Actions
at
all
times:
§
93.110
Latest
planning
assumptions
§
93.111
Latest
emissions
model
§
93.112
Consultation
Transportation
Plan:
§
93.113(
b)
TCMs
§
93.118
or
§
93.119
Emissions
budget
or
Emission
reduction
TIP:
§
93.113(
c)
TCMs
§
93.118
or
§
93.119
Emissions
budget
or
Emission
reduction
Project
(
From
a
Conforming
Plan
and
TIP):
§
93.114
Currently
conforming
plan
and
TIP
§
93.115
Project
from
a
conforming
plan
and
TIP
§
93.116
CO
and
PM[
INF]
10[/
INF]
hot
spots
§
93.117
PM[
INF]
10[/
INF]
control
measures
Project
(
Not
From
a
Conforming
Plan
and
TIP):
§
93.113(
d)
TCMs
§
93.114
Currently
conforming
plan
and
TIP
§
93.116
CO
and
PM[
INF]
10[/
INF]
hot
spots
§
93.117
PM[
INF]
10[/
INF]
control
measures
§
93.118
or
§
93.119
Emissions
budget
or
Emission
reduction
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

(
c)
Ozone
nonattainment
and
maintenance
areas.
In
addition
to
the
criteria
listed
in
Table
1
in
paragraph
(
b)
of
this
section
that
are
required
to
be
satisfied
at
all
times,
in
ozone
nonattainment
and
maintenance
areas
conformity
determinations
must
include
a
demonstration
that
the
budget
and/
or
emission
reduction
tests
are
satisfied
as
described
in
the
following:

(
1)
In
ozone
nonattainment
and
maintenance
areas
the
budget
test
must
be
satisfied
as
required
by
§
93.118
for
conformity
determinations
made:

(
i)
45
days
after
a
control
strategy
implementation
plan
revision
or
maintenance
plan
has
been
submitted
to
EPA,
unless
EPA
has
declared
the
motor
vehicle
emissions
budget
inadequate
for
transportation
conformity
purposes;
or
(
ii)
After
EPA
has
declared
that
the
motor
vehicle
emissions
budget
in
a
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan
is
adequate
for
transportation
conformity
purposes.

(
2)
In
ozone
nonattainment
areas
that
are
required
to
submit
a
control
strategy
implementation
plan
revision
(
usually
moderate
and
above
areas),
the
emission
reduction
tests
must
be
satisfied
as
required
by
§
93.119
for
conformity
determinations
made:

14
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
i)
During
the
first
45
days
after
a
control
strategy
implementation
plan
revision
or
maintenance
plan
has
been
submitted
to
EPA,
unless
EPA
has
declared
a
motor
vehicle
emissions
budget
adequate
for
transportation
conformity
purposes;
or
(
ii)
If
EPA
has
declared
the
motor
vehicle
emissions
budget
in
a
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan
inadequate
for
transportation
conformity
purposes,
and
there
is
no
previously
established
motor
vehicle
emissions
budget
in
the
approved
implementation
plan
or
a
previously
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan.

(
3)
An
ozone
nonattainment
area
must
satisfy
the
emission
reduction
test
for
NOX,
as
required
by
§
93.119,
if
the
implementation
plan
or
plan
submission
that
is
applicable
for
the
purposes
of
conformity
determinations
is
a
15%
plan
or
Phase
I
attainment
demonstration
that
does
not
include
a
motor
vehicle
emissions
budget
for
NOX.
The
implementation
plan
will
be
considered
to
establish
a
motor
vehicle
emissions
budget
for
NOX
if
the
implementation
plan
or
plan
submission
contains
an
explicit
NOX
motor
vehicle
emissions
budget
that
is
intended
to
act
as
a
ceiling
on
future
NOX
emissions,
and
the
NOX
motor
vehicle
emissions
budget
is
a
net
reduction
from
NOX
emissions
levels
in
1990.

(
4)
Ozone
nonattainment
areas
that
have
not
submitted
a
maintenance
plan
and
that
are
not
required
to
submit
a
control
strategy
implementation
plan
revision
(
usually
marginal
and
below
areas)
must
satisfy
one
of
the
following
requirements:

(
i)
The
emission
reduction
tests
required
by
§
93.119;
or
(
ii)
The
State
shall
submit
to
EPA
an
implementation
plan
revision
that
contains
motor
vehicle
emissions
budget(
s)
and
an
attainment
demonstration,
and
the
budget
test
required
by
§
93.118
must
be
satisfied
using
the
submitted
motor
vehicle
emissions
budget(
s)
(
as
described
in
paragraph
(
c)(
1)
of
this
section).

(
5)
Notwithstanding
paragraphs
(
c)(
1)
and
(
c)(
2)
of
this
section,
moderate
and
above
ozone
nonattainment
areas
with
three
years
of
clean
data
that
have
not
submitted
a
maintenance
plan
and
that
EPA
has
determined
are
not
subject
to
the
Clean
Air
Act
reasonable
further
progress
and
attainment
demonstration
requirements
must
satisfy
one
of
the
following
requirements:

(
i)
The
emission
reduction
tests
as
required
by
§
93.119;

(
ii)
The
budget
test
as
required
by
§
93.118,
using
the
motor
vehicle
emissions
budgets
in
the
submitted
control
strategy
implementation
plan
(
subject
to
the
timing
requirements
of
paragraph
(
c)(
1)
of
this
section);
or
(
iii)
The
budget
test
as
required
by
§
93.118,
using
the
motor
vehicle
emissions
of
ozone
precursors
in
the
most
recent
year
of
clean
data
as
motor
vehicle
emissions
budgets,
if
such
budgets
are
established
by
the
EPA
rulemaking
that
determines
that
the
area
has
clean
data.

(
d)
CO
nonattainment
and
maintenance
areas.
In
addition
to
the
criteria
listed
in
Table
1
in
paragraph
(
b)
of
this
section
that
are
required
to
be
satisfied
at
all
times,
in
CO
nonattainment
and
maintenance
areas
conformity
determinations
must
include
a
demonstration
that
the
hot
spot,
budget
and/
or
emission
reduction
tests
are
satisfied
as
described
in
the
following:

(
1)
FHWA/
FTA
projects
in
CO
nonattainment
or
maintenance
areas
must
satisfy
the
hot
spot
test
required
by
§
93.116(
a)
at
all
times.
Until
a
CO
attainment
demonstration
or
maintenance
plan
is
approved
by
EPA,
FHWA/
FTA
projects
must
also
satisfy
the
hot
spot
test
required
by
§
93.116(
b).

15
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
2)
In
CO
nonattainment
and
maintenance
areas
the
budget
test
must
be
satisfied
as
required
by
§
93.118
for
conformity
determinations
made:

(
i)
45
days
after
a
control
strategy
implementation
plan
revision
or
maintenance
plan
has
been
submitted
to
EPA,
unless
EPA
has
declared
the
motor
vehicle
emissions
budget
inadequate
for
transportation
conformity
purposes;
or
(
ii)
After
EPA
has
declared
that
the
motor
vehicle
emissions
budget
in
a
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan
is
adequate
for
transportation
conformity
purposes.

(
3)
Except
as
provided
in
paragraph
(
d)(
4)
of
this
section,
in
CO
nonattainment
areas
the
emission
reduction
tests
must
be
satisfied
as
required
by
§
93.119
for
conformity
determinations
made:

(
i)
During
the
first
45
days
after
a
control
strategy
implementation
plan
revision
or
maintenance
plan
has
been
submitted
to
EPA,
unless
EPA
has
declared
a
motor
vehicle
emissions
budget
adequate
for
transportation
conformity
purposes;
or
(
ii)
If
EPA
has
declared
the
motor
vehicle
emissions
budget
in
a
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan
inadequate
for
transportation
conformity
purposes,
and
there
is
no
previously
established
motor
vehicle
emissions
budget
in
the
approved
implementation
plan
or
a
previously
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan.

(
4)
CO
nonattainment
areas
that
have
not
submitted
a
maintenance
plan
and
that
are
not
required
to
submit
an
attainment
demonstration
(
e.
g.,
moderate
CO
areas
with
a
design
value
of
12.7
ppm
or
less
or
not
classified
CO
areas)
must
satisfy
one
of
the
following
requirements:

(
i)
The
emission
reduction
tests
required
by
§
93.119;
or
(
ii)
The
State
shall
submit
to
EPA
an
implementation
plan
revision
that
contains
motor
vehicle
emissions
budget(
s)
and
an
attainment
demonstration,
and
the
budget
test
required
by
§
93.118
must
be
satisfied
using
the
submitted
motor
vehicle
emissions
budget(
s)
(
as
described
in
paragraph
(
d)(
2)
of
this
section).

(
e)
PM10
nonattainment
and
maintenance
areas.
In
addition
to
the
criteria
listed
in
Table
1
in
paragraph
(
b)
of
this
section
that
are
required
to
be
satisfied
at
all
times,
in
PM10
nonattainment
and
maintenance
areas
conformity
determinations
must
include
a
demonstration
that
the
hot
spot,
budget
and/
or
emission
reduction
tests
are
satisfied
as
described
in
the
following:

(
1)
FHWA/
FTA
projects
in
PM10
nonattainment
or
maintenance
areas
must
satisfy
the
hot
spot
test
required
by
§
93.116(
a).

(
2)
In
PM10
nonattainment
and
maintenance
areas
the
budget
test
must
be
satisfied
as
required
by
§
93.118
for
conformity
determinations
made:

(
i)
45
days
after
a
control
strategy
implementation
plan
revision
or
maintenance
plan
has
been
submitted
to
EPA,
unless
EPA
has
declared
the
motor
vehicle
emissions
budget
inadequate
for
transportation
conformity
purposes;
or
(
ii)
After
EPA
has
declared
that
the
motor
vehicle
emissions
budget
in
a
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan
is
adequate
for
transportation
conformity
purposes.

16
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
3)
In
PM10
nonattainment
areas
the
emission
reduction
tests
must
be
satisfied
as
required
by
§
93.119
for
conformity
determinations
made:

(
i)
During
the
first
45
days
after
a
control
strategy
implementation
plan
revision
or
maintenance
plan
has
been
submitted
to
EPA,
unless
EPA
has
declared
a
motor
vehicle
emissions
budget
adequate
for
transportation
conformity
purposes;

(
ii)
If
EPA
has
declared
the
motor
vehicle
emissions
budget
in
a
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan
inadequate
for
transportation
conformity
purposes,
and
there
is
no
previously
established
motor
vehicle
emissions
budget
in
the
approved
implementation
plan
or
a
previously
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan;
or
(
iii)
If
the
submitted
implementation
plan
revision
is
a
demonstration
of
impracticability
under
CAA
section
189(
a)(
1)(
B)(
ii)
and
does
not
demonstrate
attainment.

(
f)
NO2
nonattainment
and
maintenance
areas.
In
addition
to
the
criteria
listed
in
Table
1
in
paragraph
(
b)
of
this
section
that
are
required
to
be
satisfied
at
all
times,
in
NO2
nonattainment
and
maintenance
areas
conformity
determinations
must
include
a
demonstration
that
the
budget
and/
or
emission
reduction
tests
are
satisfied
as
described
in
the
following:

(
1)
In
NO2
nonattainment
and
maintenance
areas
the
budget
test
must
be
satisfied
as
required
by
§
93.118
for
conformity
determinations
made:

(
i)
45
days
after
a
control
strategy
implementation
plan
revision
or
maintenance
plan
has
been
submitted
to
EPA,
unless
EPA
has
declared
the
motor
vehicle
emissions
budget
inadequate
for
transportation
conformity
purposes;
or
(
ii)
After
EPA
has
declared
that
the
motor
vehicle
emissions
budget
in
a
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan
is
adequate
for
transportation
conformity
purposes.

(
2)
In
NO2
nonattainment
areas
the
emission
reduction
tests
must
be
satisfied
as
required
by
§
93.119
for
conformity
determinations
made:

(
i)
During
the
first
45
days
after
a
control
strategy
implementation
plan
revision
or
maintenance
plan
has
been
submitted
to
EPA,
unless
EPA
has
declared
a
motor
vehicle
emissions
budget
adequate
for
transportation
conformity
purposes;
or
(
ii)
If
EPA
has
declared
the
motor
vehicle
emissions
budget
in
a
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan
inadequate
for
transportation
conformity
purposes,
and
there
is
no
previously
established
motor
vehicle
emissions
budget
in
the
approved
implementation
plan
or
a
previously
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan.

(
g)
Isolated
rural
nonattainment
and
maintenance
areas.
This
paragraph
applies
to
any
nonattainment
or
maintenance
area
(
or
portion
thereof)
which
does
not
have
a
metropolitan
transportation
plan
or
TIP
and
whose
projects
are
not
part
of
the
emissions
analysis
of
any
MPO's
metropolitan
transportation
plan
or
TIP.
This
paragraph
does
not
apply
to
"
donut"
areas
which
are
outside
the
metropolitan
planning
boundary
and
inside
the
nonattainment/
maintenance
area
boundary.

(
1)
FHWA/
FTA
projects
in
all
isolated
rural
nonattainment
and
maintenance
areas
must
satisfy
the
17
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
requirements
of
§
§
93.110,
93.111,
93.112,
93.113(
d),
93.116,
and
93.117.
Until
EPA
approves
the
control
strategy
implementation
plan
or
maintenance
plan
for
a
rural
CO
nonattainment
or
maintenance
area,
FHWA/
FTA
projects
must
also
satisfy
the
requirements
of
§
93.116(
b)
("
Localized
CO
and
PM10
violations
(
hot
spots)").

(
2)
Isolated
rural
nonattainment
and
maintenance
areas
are
subject
to
the
budget
and/
or
emission
reduction
tests
as
described
in
paragraphs
(
c)
through
(
f)
of
this
section,
with
the
following
modifications:

(
i)
When
the
requirements
of
§
§
93.118
and
93.119
apply
to
isolated
rural
nonattainment
and
maintenance
areas,
references
to
"
transportation
plan"
or
"
TIP"
should
be
taken
to
mean
those
projects
in
the
statewide
transportation
plan
or
statewide
TIP
which
are
in
the
rural
nonattainment
or
maintenance
area.

(
ii)
In
isolated
rural
nonattainment
and
maintenance
areas
that
are
subject
to
§
93.118,
FHWA/
FTA
projects
must
be
consistent
with
motor
vehicle
emissions
budget(
s)
for
the
years
in
the
timeframe
of
the
attainment
demonstration
or
maintenance
plan.
For
years
after
the
attainment
year
(
if
a
maintenance
plan
has
not
been
submitted)
or
after
the
last
year
of
the
maintenance
plan,
FHWA/
FTA
projects
must
satisfy
one
of
the
following
requirements:

(
A)
§
93.118;

(
B)
§
93.119
(
including
regional
emissions
analysis
for
NOX
in
all
ozone
nonattainment
and
maintenance
areas,
notwithstanding
§
93.119(
d)(
2));
or
(
C)
As
demonstrated
by
the
air
quality
dispersion
model
or
other
air
quality
modeling
technique
used
in
the
attainment
demonstration
or
maintenance
plan,
the
FHWA/
FTA
project,
in
combination
with
all
other
regionally
significant
projects
expected
in
the
area
in
the
timeframe
of
the
statewide
transportation
plan,
must
not
cause
or
contribute
to
any
new
violation
of
any
standard
in
any
areas;
increase
the
frequency
or
severity
of
any
existing
violation
of
any
standard
in
any
area;
or
delay
timely
attainment
of
any
standard
or
any
required
interim
emission
reductions
or
other
milestones
in
any
area.
Control
measures
assumed
in
the
analysis
must
be
enforceable.

(
iii)
The
choice
of
requirements
in
paragraph
(
g)(
2)(
ii)
of
this
section
and
the
methodology
used
to
meet
the
requirements
of
paragraph
(
g)(
2)(
ii)(
C)
of
this
section
must
be
determined
through
the
interagency
consultation
process
required
in
§
93.105(
c)(
1)(
vii)
through
which
the
relevant
recipients
of
title
23
U.
S.
C.
or
Federal
Transit
Laws
funds,
the
local
air
quality
agency,
the
State
air
quality
agency,
and
the
State
department
of
transportation
should
reach
consensus
about
the
option
and
methodology
selected.
EPA
and
DOT
must
be
consulted
through
this
process
as
well.
In
the
event
of
unresolved
disputes,
conflicts
may
be
escalated
to
the
Governor
consistent
with
the
procedure
in
§
93.105(
d),
which
applies
for
any
State
air
agency
comments
on
a
conformity
determination.

[
TOP]
§
93.110
Criteria
and
procedures:
Latest
planning
assumptions.

(
a)
The
conformity
determination,
with
respect
to
all
other
applicable
criteria
in
§
§
93.111
through
93.119,
must
be
based
upon
the
most
recent
planning
assumptions
in
force
at
the
time
of
the
conformity
determination.
The
conformity
determination
must
satisfy
the
requirements
of
paragraphs
(
b)
through
(
f)
of
this
section.

(
b)
Assumptions
must
be
derived
from
the
estimates
of
current
and
future
population,
employment,
travel,

18
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
and
congestion
most
recently
developed
by
the
MPO
or
other
agency
authorized
to
make
such
estimates
and
approved
by
the
MPO.
The
conformity
determination
must
also
be
based
on
the
latest
assumptions
about
current
and
future
background
concentrations.

(
c)
The
conformity
determination
for
each
transportation
plan
and
TIP
must
discuss
how
transit
operating
policies
(
including
fares
and
service
levels)
and
assumed
transit
ridership
have
changed
since
the
previous
conformity
determination.

(
d)
The
conformity
determination
must
include
reasonable
assumptions
about
transit
service
and
increases
in
transit
fares
and
road
and
bridge
tolls
over
time.

(
e)
The
conformity
determination
must
use
the
latest
existing
information
regarding
the
effectiveness
of
the
TCMs
and
other
implementation
plan
measures
which
have
already
been
implemented.

(
f)
Key
assumptions
shall
be
specified
and
included
in
the
draft
documents
and
supporting
materials
used
for
the
interagency
and
public
consultation
required
by
§
93.105.

[
TOP]
§
93.111
Criteria
and
procedures:
Latest
emissions
model.

(
a)
The
conformity
determination
must
be
based
on
the
latest
emission
estimation
model
available.
This
criterion
is
satisfied
if
the
most
current
version
of
the
motor
vehicle
emissions
model
specified
by
EPA
for
use
in
the
preparation
or
revision
of
implementation
plans
in
that
State
or
area
is
used
for
the
conformity
analysis.
Where
EMFAC
is
the
motor
vehicle
emissions
model
used
in
preparing
or
revising
the
applicable
implementation
plan,
new
versions
must
be
approved
by
EPA
before
they
are
used
in
the
conformity
analysis.

(
b)
EPA
will
consult
with
DOT
to
establish
a
grace
period
following
the
specification
of
any
new
model.

(
1)
The
grace
period
will
be
no
less
than
three
months
and
no
more
than
24
months
after
notice
of
availability
is
published
in
the
FEDERAL
REGISTER.

(
2)
The
length
of
the
grace
period
will
depend
on
the
degree
of
change
in
the
model
and
the
scope
of
re­
planning
likely
to
be
necessary
by
MPOs
in
order
to
assure
conformity.
If
the
grace
period
will
be
longer
than
three
months,
EPA
will
announce
the
appropriate
grace
period
in
the
FEDERAL
REGISTER.

(
c)
Transportation
plan
and
TIP
conformity
analyses
for
which
the
emissions
analysis
was
begun
during
the
grace
period
or
before
the
FEDERAL
REGISTER
notice
of
availability
of
the
latest
emission
model
may
continue
to
use
the
previous
version
of
the
model.
Conformity
determinations
for
projects
may
also
be
based
on
the
previous
model
if
the
analysis
was
begun
during
the
grace
period
or
before
the
FEDERAL
REGISTER
notice
of
availability,
and
if
the
final
environmental
document
for
the
project
is
issued
no
more
than
three
years
after
the
issuance
of
the
draft
environmental
document.

[
TOP]
§
93.112
Criteria
and
procedures:
Consultation.

Conformity
must
be
determined
according
to
the
consultation
procedures
in
this
subpart
and
in
the
applicable
implementation
plan,
and
according
to
the
public
involvement
procedures
established
in
19
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
compliance
with
23
CFR
part
450.
Until
the
implementation
plan
revision
required
by
§
51.390
of
this
chapter
is
fully
approved
by
EPA,
the
conformity
determination
must
be
made
according
to
§
93.105
(
a)(
2)
and
(
e)
and
the
requirements
of
23
CFR
part
450.

[
TOP]
§
93.113
Criteria
and
procedures:
Timely
implementation
of
TCMs.

(
a)
The
transportation
plan,
TIP,
or
any
FHWA/
FTA
project
which
is
not
from
a
conforming
plan
and
TIP
must
provide
for
the
timely
implementation
of
TCMs
from
the
applicable
implementation
plan.

(
b)
For
transportation
plans,
this
criterion
is
satisfied
if
the
following
two
conditions
are
met:

(
1)
The
transportation
plan,
in
describing
the
envisioned
future
transportation
system,
provides
for
the
timely
completion
or
implementation
of
all
TCMs
in
the
applicable
implementation
plan
which
are
eligible
for
funding
under
title
23
U.
S.
C.
or
the
Federal
Transit
Laws,
consistent
with
schedules
included
in
the
applicable
implementation
plan.

(
2)
Nothing
in
the
transportation
plan
interferes
with
the
implementation
of
any
TCM
in
the
applicable
implementation
plan.

(
c)
For
TIPs,
this
criterion
is
satisfied
if
the
following
conditions
are
met:

(
1)
An
examination
of
the
specific
steps
and
funding
source(
s)
needed
to
fully
implement
each
TCM
indicates
that
TCMs
which
are
eligible
for
funding
under
title
23
U.
S.
C.
or
the
Federal
Transit
Laws
are
on
or
ahead
of
the
schedule
established
in
the
applicable
implementation
plan,
or,
if
such
TCMs
are
behind
the
schedule
established
in
the
applicable
implementation
plan,
the
MPO
and
DOT
have
determined
that
past
obstacles
to
implementation
of
the
TCMs
have
been
identified
and
have
been
or
are
being
overcome,
and
that
all
State
and
local
agencies
with
influence
over
approvals
or
funding
for
TCMs
are
giving
maximum
priority
to
approval
or
funding
of
TCMs
over
other
projects
within
their
control,
including
projects
in
locations
outside
the
nonattainment
or
maintenance
area.

(
2)
If
TCMs
in
the
applicable
implementation
plan
have
previously
been
programmed
for
Federal
funding
but
the
funds
have
not
been
obligated
and
the
TCMs
are
behind
the
schedule
in
the
implementation
plan,
then
the
TIP
cannot
be
found
to
conform
if
the
funds
intended
for
those
TCMs
are
reallocated
to
projects
in
the
TIP
other
than
TCMs,
or
if
there
are
no
other
TCMs
in
the
TIP,
if
the
funds
are
reallocated
to
projects
in
the
TIP
other
than
projects
which
are
eligible
for
Federal
funding
intended
for
air
quality
improvement
projects,
e.
g.,
the
Congestion
Mitigation
and
Air
Quality
Improvement
Program.

(
3)
Nothing
in
the
TIP
may
interfere
with
the
implementation
of
any
TCM
in
the
applicable
implementation
plan.

(
d)
For
FHWA/
FTA
projects
which
are
not
from
a
conforming
transportation
plan
and
TIP,
this
criterion
is
satisfied
if
the
project
does
not
interfere
with
the
implementation
of
any
TCM
in
the
applicable
implementation
plan.

[
TOP]
§
93.114
Criteria
and
procedures:
Currently
conforming
transportation
plan
and
TIP.

20
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
There
must
be
a
currently
conforming
transportation
plan
and
currently
conforming
TIP
at
the
time
of
project
approval.

(
a)
Only
one
conforming
transportation
plan
or
TIP
may
exist
in
an
area
at
any
time;
conformity
determinations
of
a
previous
transportation
plan
or
TIP
expire
once
the
current
plan
or
TIP
is
found
to
conform
by
DOT.
The
conformity
determination
on
a
transportation
plan
or
TIP
will
also
lapse
if
conformity
is
not
determined
according
to
the
frequency
requirements
specified
in
§
93.104.

(
b)
This
criterion
is
not
required
to
be
satisfied
at
the
time
of
project
approval
for
a
TCM
specifically
included
in
the
applicable
implementation
plan,
provided
that
all
other
relevant
criteria
of
this
subpart
are
satisfied.

[
TOP]
§
93.115
Criteria
and
procedures:
Projects
from
a
plan
and
TIP.

(
a)
The
project
must
come
from
a
conforming
plan
and
program.
If
this
criterion
is
not
satisfied,
the
project
must
satisfy
all
criteria
in
Table
1
of
§
93.109(
b)
for
a
project
not
from
a
conforming
transportation
plan
and
TIP.
A
project
is
considered
to
be
from
a
conforming
transportation
plan
if
it
meets
the
requirements
of
paragraph
(
b)
of
this
section
and
from
a
conforming
program
if
it
meets
the
requirements
of
paragraph
(
c)
of
this
section.
Special
provisions
for
TCMs
in
an
applicable
implementation
plan
are
provided
in
paragraph
(
d)
of
this
section.

(
b)
A
project
is
considered
to
be
from
a
conforming
transportation
plan
if
one
of
the
following
conditions
applies:

(
1)
For
projects
which
are
required
to
be
identified
in
the
transportation
plan
in
order
to
satisfy
§
93.106
("
Content
of
transportation
plans"),
the
project
is
specifically
included
in
the
conforming
transportation
plan
and
the
project's
design
concept
and
scope
have
not
changed
significantly
from
those
which
were
described
in
the
transportation
plan,
or
in
a
manner
which
would
significantly
impact
use
of
the
facility;
or
(
2)
For
projects
which
are
not
required
to
be
specifically
identified
in
the
transportation
plan,
the
project
is
identified
in
the
conforming
transportation
plan,
or
is
consistent
with
the
policies
and
purpose
of
the
transportation
plan
and
will
not
interfere
with
other
projects
specifically
included
in
the
transportation
plan.

(
c)
A
project
is
considered
to
be
from
a
conforming
program
if
the
following
conditions
are
met:

(
1)
The
project
is
included
in
the
conforming
TIP
and
the
design
concept
and
scope
of
the
project
were
adequate
at
the
time
of
the
TIP
conformity
determination
to
determine
its
contribution
to
the
TIP's
regional
emissions,
and
the
project
design
concept
and
scope
have
not
changed
significantly
from
those
which
were
described
in
the
TIP;
and
(
2)
If
the
TIP
describes
a
project
design
concept
and
scope
which
includes
project­
level
emissions
mitigation
or
control
measures,
written
commitments
to
implement
such
measures
must
be
obtained
from
the
project
sponsor
and/
or
operator
as
required
by
§
93.125(
a)
in
order
for
the
project
to
be
considered
from
a
conforming
program.
Any
change
in
these
mitigation
or
control
measures
that
would
significantly
reduce
their
effectiveness
constitutes
a
change
in
the
design
concept
and
scope
of
the
project.

(
d)
TCMs.
This
criterion
is
not
required
to
be
satisfied
for
TCMs
specifically
included
in
an
applicable
21
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
implementation
plan.

[
TOP]
§
93.116
Criteria
and
procedures:
Localized
CO
and
PM10
violations
(
hot
spots).

(
a)
This
paragraph
applies
at
all
times.
The
FHWA/
FTA
project
must
not
cause
or
contribute
to
any
new
localized
CO
or
PM10
violations
or
increase
the
frequency
or
severity
of
any
existing
CO
or
PM10
violations
in
CO
and
PM10
nonattainment
and
maintenance
areas.
This
criterion
is
satisfied
if
it
is
demonstrated
that
no
new
local
violations
will
be
created
and
the
severity
or
number
of
existing
violations
will
not
be
increased
as
a
result
of
the
project.
The
demonstration
must
be
performed
according
to
the
consultation
requirements
of
§
93.105(
c)(
1)(
i)
and
the
methodology
requirements
of
§
93.123.

(
b)
This
paragraph
applies
for
CO
nonattainment
areas
as
described
in
§
93.109(
d)(
1).
Each
FHWA/
FTA
project
must
eliminate
or
reduce
the
severity
and
number
of
localized
CO
violations
in
the
area
substantially
affected
by
the
project
(
in
CO
nonattainment
areas).
This
criterion
is
satisfied
with
respect
to
existing
localized
CO
violations
if
it
is
demonstrated
that
existing
localized
CO
violations
will
be
eliminated
or
reduced
in
severity
and
number
as
a
result
of
the
project.
The
demonstration
must
be
performed
according
to
the
consultation
requirements
of
§
93.105(
c)(
1)(
i)
and
the
methodology
requirements
of
§
93.123.

[
TOP]
§
93.117
Criteria
and
procedures:
Compliance
with
PM10
control
measures.

The
FHWA/
FTA
project
must
comply
with
PM10
control
measures
in
the
applicable
implementation
plan.
This
criterion
is
satisfied
if
the
project­
level
conformity
determination
contains
a
written
commitment
from
the
project
sponsor
to
include
in
the
final
plans,
specifications,
and
estimates
for
the
project
those
control
measures
(
for
the
purpose
of
limiting
PM10
emissions
from
the
construction
activities
and/
or
normal
use
and
operation
associated
with
the
project)
that
are
contained
in
the
applicable
implementation
plan.

[
TOP]
§
93.118
Criteria
and
procedures:
Motor
vehicle
emissions
budget.

(
a)
The
transportation
plan,
TIP,
and
project
not
from
a
conforming
transportation
plan
and
TIP
must
be
consistent
with
the
motor
vehicle
emissions
budget(
s)
in
the
applicable
implementation
plan
(
or
implementation
plan
submission).
This
criterion
applies
as
described
in
§
93.109
(
c)
through
(
g).
This
criterion
is
satisfied
if
it
is
demonstrated
that
emissions
of
the
pollutants
or
pollutant
precursors
described
in
paragraph
(
c)
of
this
section
are
less
than
or
equal
to
the
motor
vehicle
emissions
budget(
s)
established
in
the
applicable
implementation
plan
or
implementation
plan
submission.

(
b)
Consistency
with
the
motor
vehicle
emissions
budget(
s)
must
be
demonstrated
for
each
year
for
which
the
applicable
(
and/
or
submitted)
implementation
plan
specifically
establishes
motor
vehicle
emissions
budget(
s),
for
the
last
year
of
the
transportation
plan's
forecast
period,
and
for
any
intermediate
years
as
necessary
so
that
the
years
for
which
consistency
is
demonstrated
are
no
more
than
ten
years
apart,
as
follows:

(
1)
Until
a
maintenance
plan
is
submitted:

22
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
i)
Emissions
in
each
year
(
such
as
milestone
years
and
the
attainment
year)
for
which
the
control
strategy
implementation
plan
revision
establishes
motor
vehicle
emissions
budget(
s)
must
be
less
than
or
equal
to
that
year's
motor
vehicle
emissions
budget(
s);
and
(
ii)
Emissions
in
years
for
which
no
motor
vehicle
emissions
budget(
s)
are
specifically
established
must
be
less
than
or
equal
to
the
motor
vehicle
emissions
budget(
s)
established
for
the
most
recent
prior
year.
For
example,
emissions
in
years
after
the
attainment
year
for
which
the
implementation
plan
does
not
establish
a
budget
must
be
less
than
or
equal
to
the
motor
vehicle
emissions
budget(
s)
for
the
attainment
year.

(
2)
When
a
maintenance
plan
has
been
submitted:

(
i)
Emissions
must
be
less
than
or
equal
to
the
motor
vehicle
emissions
budget(
s)
established
for
the
last
year
of
the
maintenance
plan,
and
for
any
other
years
for
which
the
maintenance
plan
establishes
motor
vehicle
emissions
budgets.
If
the
maintenance
plan
does
not
establish
motor
vehicle
emissions
budgets
for
any
years
other
than
the
last
year
of
the
maintenance
plan,
the
demonstration
of
consistency
with
the
motor
vehicle
emissions
budget(
s)
must
be
accompanied
by
a
qualitative
finding
that
there
are
no
factors
which
would
cause
or
contribute
to
a
new
violation
or
exacerbate
an
existing
violation
in
the
years
before
the
last
year
of
the
maintenance
plan.
The
interagency
consultation
process
required
by
§
93.105
shall
determine
what
must
be
considered
in
order
to
make
such
a
finding;

(
ii)
For
years
after
the
last
year
of
the
maintenance
plan,
emissions
must
be
less
than
or
equal
to
the
maintenance
plan's
motor
vehicle
emissions
budget(
s)
for
the
last
year
of
the
maintenance
plan;
and
(
iii)
If
an
approved
control
strategy
implementation
plan
has
established
motor
vehicle
emissions
budgets
for
years
in
the
timeframe
of
the
transportation
plan,
emissions
in
these
years
must
be
less
than
or
equal
to
the
control
strategy
implementation
plan's
motor
vehicle
emissions
budget(
s)
for
these
years.

(
c)
Consistency
with
the
motor
vehicle
emissions
budget(
s)
must
be
demonstrated
for
each
pollutant
or
pollutant
precursor
in
§
93.102(
b)
for
which
the
area
is
in
nonattainment
or
maintenance
and
for
which
the
applicable
implementation
plan
(
or
implementation
plan
submission)
establishes
a
motor
vehicle
emissions
budget.

(
d)
Consistency
with
the
motor
vehicle
emissions
budget(
s)
must
be
demonstrated
by
including
emissions
from
the
entire
transportation
system,
including
all
regionally
significant
projects
contained
in
the
transportation
plan
and
all
other
regionally
significant
highway
and
transit
projects
expected
in
the
nonattainment
or
maintenance
area
in
the
timeframe
of
the
transportation
plan.

(
1)
Consistency
with
the
motor
vehicle
emissions
budget(
s)
must
be
demonstrated
with
a
regional
emissions
analysis
that
meets
the
requirements
of
§
§
93.122
and
93.105(
c)(
1)(
i).

(
2)
The
regional
emissions
analysis
may
be
performed
for
any
years
in
the
timeframe
of
the
transportation
plan
provided
they
are
not
more
than
ten
years
apart
and
provided
the
analysis
is
performed
for
the
attainment
year
(
if
it
is
in
the
timeframe
of
the
transportation
plan)
and
the
last
year
of
the
plan's
forecast
period.
Emissions
in
years
for
which
consistency
with
motor
vehicle
emissions
budgets
must
be
demonstrated,
as
required
in
paragraph
(
b)
of
this
section,
may
be
determined
by
interpolating
between
the
years
for
which
the
regional
emissions
analysis
is
performed.

(
e)
Motor
vehicle
emissions
budgets
in
submitted
control
strategy
implementation
plan
revisions
and
submitted
maintenance
plans.
(
1)
Consistency
with
the
motor
vehicle
emissions
budgets
in
submitted
control
strategy
implementation
plan
revisions
or
maintenance
plans
must
be
demonstrated
if
EPA
has
23
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
declared
the
motor
vehicle
emissions
budget(
s)
adequate
for
transportation
conformity
purposes,
or
beginning
45
days
after
the
control
strategy
implementation
plan
revision
or
maintenance
plan
has
been
submitted
(
unless
EPA
has
declared
the
motor
vehicle
emissions
budget(
s)
inadequate
for
transportation
conformity
purposes).
However,
submitted
implementation
plans
do
not
supersede
the
motor
vehicle
emissions
budgets
in
approved
implementation
plans
for
the
period
of
years
addressed
by
the
approved
implementation
plan.

(
2)
If
EPA
has
declared
an
implementation
plan
submission's
motor
vehicle
emissions
budget(
s)
inadequate
for
transportation
conformity
purposes,
the
inadequate
budget(
s)
shall
not
be
used
to
satisfy
the
requirements
of
this
section.
Consistency
with
the
previously
established
motor
vehicle
emissions
budget(
s)
must
be
demonstrated.
If
there
are
no
previous
approved
implementation
plans
or
implementation
plan
submissions
with
motor
vehicle
emissions
budgets,
the
emission
reduction
tests
required
by
§
93.119
must
be
satisfied.

(
3)
If
EPA
declares
an
implementation
plan
submission's
motor
vehicle
emissions
budget(
s)
inadequate
for
transportation
conformity
purposes
more
than
45
days
after
its
submission
to
EPA,
and
conformity
of
a
transportation
plan
or
TIP
has
already
been
determined
by
DOT
using
the
budget(
s),
the
conformity
determination
will
remain
valid.
Projects
included
in
that
transportation
plan
or
TIP
could
still
satisfy
§
§
93.114
and
93.115,
which
require
a
currently
conforming
transportation
plan
and
TIP
to
be
in
place
at
the
time
of
a
project's
conformity
determination
and
that
projects
come
from
a
conforming
transportation
plan
and
TIP.

(
4)
EPA
will
not
find
a
motor
vehicle
emissions
budget
in
a
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan
to
be
adequate
for
transportation
conformity
purposes
unless
the
following
minimum
criteria
are
satisfied:

(
i)
The
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan
was
endorsed
by
the
Governor
(
or
his
or
her
designee)
and
was
subject
to
a
State
public
hearing;

(
ii)
Before
the
control
strategy
implementation
plan
or
maintenance
plan
was
submitted
to
EPA,
consultation
among
federal,
State,
and
local
agencies
occurred;
full
implementation
plan
documentation
was
provided
to
EPA;
and
EPA's
stated
concerns,
if
any,
were
addressed;

(
iii)
The
motor
vehicle
emissions
budget(
s)
is
clearly
identified
and
precisely
quantified;

(
iv)
The
motor
vehicle
emissions
budget(
s),
when
considered
together
with
all
other
emissions
sources,
is
consistent
with
applicable
requirements
for
reasonable
further
progress,
attainment,
or
maintenance
(
whichever
is
relevant
to
the
given
implementation
plan
submission);

(
v)
The
motor
vehicle
emissions
budget(
s)
is
consistent
with
and
clearly
related
to
the
emissions
inventory
and
the
control
measures
in
the
submitted
control
strategy
implementation
plan
revision
or
maintenance
plan;
and
(
vi)
Revisions
to
previously
submitted
control
strategy
implementation
plans
or
maintenance
plans
explain
and
document
any
changes
to
previously
submitted
budgets
and
control
measures;
impacts
on
point
and
area
source
emissions;
any
changes
to
established
safety
margins
(
see
§
93.101
for
definition);
and
reasons
for
the
changes
(
including
the
basis
for
any
changes
related
to
emission
factors
or
estimates
of
vehicle
miles
traveled).

(
5)
Before
determining
the
adequacy
of
a
submitted
motor
vehicle
emissions
budget,
EPA
will
review
the
24
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
State's
compilation
of
public
comments
and
response
to
comments
that
are
required
to
be
submitted
with
any
implementation
plan.
EPA
will
document
its
consideration
of
such
comments
and
responses
in
a
letter
to
the
State
indicating
the
adequacy
of
the
submitted
motor
vehicle
emissions
budget.

(
6)
When
the
motor
vehicle
emissions
budget(
s)
used
to
satisfy
the
requirements
of
this
section
are
established
by
an
implementation
plan
submittal
that
has
not
yet
been
approved
or
disapproved
by
EPA,
the
MPO
and
DOT's
conformity
determinations
will
be
deemed
to
be
a
statement
that
the
MPO
and
DOT
are
not
aware
of
any
information
that
would
indicate
that
emissions
consistent
with
the
motor
vehicle
emissions
budget
will
cause
or
contribute
to
any
new
violation
of
any
standard;
increase
the
frequency
or
severity
of
any
existing
violation
of
any
standard;
or
delay
timely
attainment
of
any
standard
or
any
required
interim
emission
reductions
or
other
milestones.

[
TOP]
§
93.119
Criteria
and
procedures:
Emission
reductions
in
areas
without
motor
vehicle
emissions
budgets.

(
a)
The
transportation
plan,
TIP,
and
project
not
from
a
conforming
transportation
plan
and
TIP
must
contribute
to
emissions
reductions.
This
criterion
applies
as
described
in
§
93.109(
c)
through
(
g).
It
applies
to
the
net
effect
of
the
action
(
transportation
plan,
TIP,
or
project
not
from
a
conforming
transportation
plan
and
TIP)
on
motor
vehicle
emissions
from
the
entire
transportation
system.

(
b)
This
criterion
may
be
met
in
moderate
and
above
ozone
nonattainment
areas
that
are
subject
to
the
reasonable
further
progress
requirements
of
CAA
section
182(
b)(
1)
and
in
moderate
with
design
value
greater
than
12.7
ppm
and
serious
CO
nonattainment
areas
if
a
regional
emissions
analysis
that
satisfies
the
requirements
of
§
93.122
and
paragraphs
(
e)
through
(
h)
of
this
section
demonstrates
that
for
each
analysis
year
and
for
each
of
the
pollutants
described
in
paragraph
(
d)
of
this
section:

(
1)
The
emissions
predicted
in
the
"
Action"
scenario
are
less
than
the
emissions
predicted
in
the
"
Baseline"
scenario,
and
this
can
be
reasonably
expected
to
be
true
in
the
periods
between
the
analysis
years;
and
(
2)
The
emissions
predicted
in
the
"
Action"
scenario
are
lower
than
1990
emissions
by
any
nonzero
amount.

(
c)
This
criterion
may
be
met
in
PM10
and
NO2
nonattainment
areas;
marginal
and
below
ozone
nonattainment
areas
and
other
ozone
nonattainment
areas
that
are
not
subject
to
the
reasonable
further
progress
requirements
of
CAA
section
182(
b)(
1);
and
moderate
with
design
value
less
than
12.7
ppm
and
below
CO
nonattainment
areas
if
a
regional
emissions
analysis
that
satisfies
the
requirements
of
§
93.122
and
paragraphs
(
e)
through
(
h)
of
this
section
demonstrates
that
for
each
analysis
year
and
for
each
of
the
pollutants
described
in
paragraph
(
d)
of
this
section,
one
of
the
following
requirements
is
met:

(
1)
The
emissions
predicted
in
the
"
Action"
scenario
are
less
than
the
emissions
predicted
in
the
"
Baseline"
scenario,
and
this
can
be
reasonably
expected
to
be
true
in
the
periods
between
the
analysis
years;
or
(
2)
The
emissions
predicted
in
the
"
Action"
scenario
are
not
greater
than
baseline
emissions.
Baseline
emissions
are
those
estimated
to
have
occurred
during
calendar
year
1990,
unless
the
conformity
implementation
plan
revision
required
by
§
51.390
of
this
chapter
defines
the
baseline
emissions
for
a
PM10
area
to
be
those
occurring
in
a
different
calendar
year
for
which
a
baseline
emissions
inventory
was
developed
for
the
purpose
of
developing
a
control
strategy
implementation
plan.

25
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
d)
Pollutants.
The
regional
emissions
analysis
must
be
performed
for
the
following
pollutants:

(
1)
VOC
in
ozone
areas;

(
2)
NOX
in
ozone
areas,
unless
the
EPA
Administrator
determines
that
additional
reductions
of
NOX
would
not
contribute
to
attainment;

(
3)
CO
in
CO
areas;

(
4)
PM10
in
PM10
areas;

(
5)
Transportation­
related
precursors
of
PM10
in
PM10
nonattainment
and
maintenance
areas
if
the
EPA
Regional
Administrator
or
the
director
of
the
State
air
agency
has
made
a
finding
that
such
precursor
emissions
from
within
the
area
are
a
significant
contributor
to
the
PM10
nonattainment
problem
and
has
so
notified
the
MPO
and
DOT;
and
(
6)
NOX
in
NO2
areas.

(
e)
Analysis
years.
The
regional
emissions
analysis
must
be
performed
for
analysis
years
that
are
no
more
than
ten
years
apart.
The
first
analysis
year
must
be
no
more
than
five
years
beyond
the
year
in
which
the
conformity
determination
is
being
made.
The
last
year
of
transportation
plan's
forecast
period
must
also
be
an
analysis
year.

(
f)
"
Baseline"
scenario.
The
regional
emissions
analysis
required
by
paragraphs
(
b)
and
(
c)
of
this
section
must
estimate
the
emissions
that
would
result
from
the
"
Baseline"
scenario
in
each
analysis
year.
The
"
Baseline"
scenario
must
be
defined
for
each
of
the
analysis
years.
The
"
Baseline"
scenario
is
the
future
transportation
system
that
will
result
from
current
programs,
including
the
following
(
except
that
exempt
projects
listed
in
§
93.126
and
projects
exempt
from
regional
emissions
analysis
as
listed
in
§
93.127
need
not
be
explicitly
considered):

(
1)
All
in­
place
regionally
significant
highway
and
transit
facilities,
services
and
activities;

(
2)
All
ongoing
travel
demand
management
or
transportation
system
management
activities;
and
(
3)
Completion
of
all
regionally
significant
projects,
regardless
of
funding
source,
which
are
currently
under
construction
or
are
undergoing
right­
of­
way
acquisition
(
except
for
hardship
acquisition
and
protective
buying);
come
from
the
first
year
of
the
previously
conforming
transportation
plan
and/
or
TIP;
or
have
completed
the
NEPA
process.

(
g)
"
Action"
scenario.
The
regional
emissions
analysis
required
by
paragraphs
(
b)
and
(
c)
of
this
section
must
estimate
the
emissions
that
would
result
from
the
"
Action"
scenario
in
each
analysis
year.
The
"
Action"
scenario
must
be
defined
for
each
of
the
analysis
years.
The
"
Action"
scenario
is
the
transportation
system
that
would
result
from
the
implementation
of
the
proposed
action
(
transportation
plan,
TIP,
or
project
not
from
a
conforming
transportation
plan
and
TIP)
and
all
other
expected
regionally
significant
projects
in
the
nonattainment
area.
The
"
Action"
scenario
must
include
the
following
(
except
that
exempt
projects
listed
in
§
93.126
and
projects
exempt
from
regional
emissions
analysis
as
listed
in
§
93.127
need
not
be
explicitly
considered):

(
1)
All
facilities,
services,
and
activities
in
the
"
Baseline"
scenario;

26
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
2)
Completion
of
all
TCMs
and
regionally
significant
projects
(
including
facilities,
services,
and
activities)
specifically
identified
in
the
proposed
transportation
plan
which
will
be
operational
or
in
effect
in
the
analysis
year,
except
that
regulatory
TCMs
may
not
be
assumed
to
begin
at
a
future
time
unless
the
regulation
is
already
adopted
by
the
enforcing
jurisdiction
or
the
TCM
is
identified
in
the
applicable
implementation
plan;

(
3)
All
travel
demand
management
programs
and
transportation
system
management
activities
known
to
the
MPO,
but
not
included
in
the
applicable
implementation
plan
or
utilizing
any
Federal
funding
or
approval,
which
have
been
fully
adopted
and/
or
funded
by
the
enforcing
jurisdiction
or
sponsoring
agency
since
the
last
conformity
determination;

(
4)
The
incremental
effects
of
any
travel
demand
management
programs
and
transportation
system
management
activities
known
to
the
MPO,
but
not
included
in
the
applicable
implementation
plan
or
utilizing
any
Federal
funding
or
approval,
which
were
adopted
and/
or
funded
prior
to
the
date
of
the
last
conformity
determination,
but
which
have
been
modified
since
then
to
be
more
stringent
or
effective;

(
5)
Completion
of
all
expected
regionally
significant
highway
and
transit
projects
which
are
not
from
a
conforming
transportation
plan
and
TIP;
and
(
6)
Completion
of
all
expected
regionally
significant
non­
FHWA/
FTA
highway
and
transit
projects
that
have
clear
funding
sources
and
commitments
leading
toward
their
implementation
and
completion
by
the
analysis
year.

(
h)
Projects
not
from
a
conforming
transportation
plan
and
TIP.
For
the
regional
emissions
analysis
required
by
paragraphs
(
b)
and
(
c)
of
this
section,
if
the
project
which
is
not
from
a
conforming
transportation
plan
and
TIP
is
a
modification
of
a
project
currently
in
the
plan
or
TIP,
the
&
lsquo;
Baseline'
scenario
must
include
the
project
with
its
original
design
concept
and
scope,
and
the
&
lsquo;
Action'
scenario
must
include
the
project
with
its
new
design
concept
and
scope.

[
TOP]
§
93.120
Consequences
of
control
strategy
implementation
plan
failures.

(
a)
Disapprovals.
(
1)
If
EPA
disapproves
any
submitted
control
strategy
implementation
plan
revision
(
with
or
without
a
protective
finding),
the
conformity
status
of
the
transportation
plan
and
TIP
shall
lapse
on
the
date
that
highway
sanctions
as
a
result
of
the
disapproval
are
imposed
on
the
nonattainment
area
under
section
179(
b)(
1)
of
the
CAA.
No
new
transportation
plan,
TIP,
or
project
may
be
found
to
conform
until
another
control
strategy
implementation
plan
revision
fulfilling
the
same
CAA
requirements
is
submitted
and
conformity
to
this
submission
is
determined.

(
2)
If
EPA
disapproves
a
submitted
control
strategy
implementation
plan
revision
without
making
a
protective
finding,
then
beginning
120
days
after
such
disapproval,
only
projects
in
the
first
three
years
of
the
currently
conforming
transportation
plan
and
TIP
may
be
found
to
conform.
This
means
that
beginning
120
days
after
disapproval
without
a
protective
finding,
no
transportation
plan,
TIP,
or
project
not
in
the
first
three
years
of
the
currently
conforming
plan
and
TIP
may
be
found
to
conform
until
another
control
strategy
implementation
plan
revision
fulfilling
the
same
CAA
requirements
is
submitted
and
conformity
to
this
submission
is
determined.
During
the
first
120
days
following
EPA's
disapproval
without
a
protective
finding,
transportation
plan,
TIP,
and
project
conformity
determinations
shall
be
made
using
the
motor
vehicle
emissions
budget(
s)
in
the
disapproved
control
strategy
implementation
plan,
unless
another
control
strategy
implementation
plan
revision
has
been
submitted
and
its
motor
vehicle
emissions
27
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
budget(
s)
applies
for
transportation
conformity
purposes,
pursuant
to
§
93.109.

(
3)
In
disapproving
a
control
strategy
implementation
plan
revision,
EPA
would
give
a
protective
finding
where
a
submitted
plan
contains
adopted
control
measures
or
written
commitments
to
adopt
enforceable
control
measures
that
fully
satisfy
the
emissions
reductions
requirements
relevant
to
the
statutory
provision
for
which
the
implementation
plan
revision
was
submitted,
such
as
reasonable
further
progress
or
attainment.

(
b)
Failure
to
submit
and
incompleteness.
In
areas
where
EPA
notifies
the
State,
MPO,
and
DOT
of
the
State's
failure
to
submit
a
control
strategy
implementation
plan
or
submission
of
an
incomplete
control
strategy
implementation
plan
revision
(
either
of
which
initiates
the
sanction
process
under
CAA
sections
179
or
110(
m)),
the
conformity
status
of
the
transportation
plan
and
TIP
shall
lapse
on
the
date
that
highway
sanctions
are
imposed
on
the
nonattainment
area
for
such
failure
under
section
179(
b)(
1)
of
the
CAA,
unless
the
failure
has
been
remedied
and
acknowledged
by
a
letter
from
the
EPA
Regional
Administrator.

(
c)
Federal
implementation
plans.
If
EPA
promulgates
a
Federal
implementation
plan
that
contains
motor
vehicle
emissions
budget(
s)
as
a
result
of
a
State
failure,
the
conformity
lapse
imposed
by
this
section
because
of
that
State
failure
is
removed.

[
TOP]
§
93.121
Requirements
for
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
analyses),
even
if
conformity
status
is
currently
lapsed;
and
the
project's
design
concept
and
scope
has
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
transportation
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
transportation
plan
and
TIP).

(
b)
In
isolated
rural
nonattainment
and
maintenance
areas
subject
to
§
93.109(
g),
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
regional
emissions
analysis
supporting
the
most
recent
conformity
determination
for
the
portion
of
the
statewide
transportation
plan
and
TIP
which
are
in
the
nonattainment
or
maintenance
area,
and
the
project's
design
concept
and
scope
has
not
changed
significantly;
or
(
2)
A
new
regional
emissions
analysis
including
the
project
and
all
other
regionally
significant
projects
28
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
expected
in
the
nonattainment
or
maintenance
area
demonstrates
that
those
projects
in
the
statewide
transportation
plan
and
statewide
TIP
which
are
in
the
nonattainment
or
maintenance
area
would
still
conform
if
the
project
were
implemented
(
consistent
with
the
requirements
of
§
§
93.118
and/
or
93.119
for
projects
not
from
a
conforming
transportation
plan
and
TIP).

[
TOP]
§
93.122
Procedures
for
determining
regional
transportation­
related
emissions.

(
a)
General
requirements.
(
1)
The
regional
emissions
analysis
required
by
§
§
93.118
and
93.119
for
the
transportation
plan,
TIP,
or
project
not
from
a
conforming
plan
and
TIP
must
include
all
regionally
significant
projects
expected
in
the
nonattainment
or
maintenance
area.
The
analysis
shall
include
FHWA/
FTA
projects
proposed
in
the
transportation
plan
and
TIP
and
all
other
regionally
significant
projects
which
are
disclosed
to
the
MPO
as
required
by
§
93.105.
Projects
which
are
not
regionally
significant
are
not
required
to
be
explicitly
modeled,
but
vehicle
miles
traveled
(
VMT)
from
such
projects
must
be
estimated
in
accordance
with
reasonable
professional
practice.
The
effects
of
TCMs
and
similar
projects
that
are
not
regionally
significant
may
also
be
estimated
in
accordance
with
reasonable
professional
practice.

(
2)
The
emissions
analysis
may
not
include
for
emissions
reduction
credit
any
TCMs
or
other
measures
in
the
applicable
implementation
plan
which
have
been
delayed
beyond
the
scheduled
date(
s)
until
such
time
as
their
implementation
has
been
assured.
If
the
measure
has
been
partially
implemented
and
it
can
be
demonstrated
that
it
is
providing
quantifiable
emission
reduction
benefits,
the
emissions
analysis
may
include
that
emissions
reduction
credit.

(
3)
Emissions
reduction
credit
from
projects,
programs,
or
activities
which
require
a
regulatory
action
in
order
to
be
implemented
may
not
be
included
in
the
emissions
analysis
unless:

(
i)
The
regulatory
action
is
already
adopted
by
the
enforcing
jurisdiction;

(
ii)
The
project,
program,
or
activity
is
included
in
the
applicable
implementation
plan;

(
iii)
The
control
strategy
implementation
plan
submission
or
maintenance
plan
submission
that
establishes
the
motor
vehicle
emissions
budget(
s)
for
the
purposes
of
§
93.118
contains
a
written
commitment
to
the
project,
program,
or
activity
by
the
agency
with
authority
to
implement
it;
or
(
iv)
EPA
has
approved
an
opt­
in
to
a
Federally
enforced
program,
EPA
has
promulgated
the
program
(
if
the
control
program
is
a
Federal
responsibility,
such
as
vehicle
tailpipe
standards),
or
the
Clean
Air
Act
requires
the
program
without
need
for
individual
State
action
and
without
any
discretionary
authority
for
EPA
to
set
its
stringency,
delay
its
effective
date,
or
not
implement
the
program.

(
4)
Emissions
reduction
credit
from
control
measures
that
are
not
included
in
the
transportation
plan
and
TIP
and
that
do
not
require
a
regulatory
action
in
order
to
be
implemented
may
not
be
included
in
the
emissions
analysis
unless
the
conformity
determination
includes
written
commitments
to
implementation
from
the
appropriate
entities.

(
i)
Persons
or
entities
voluntarily
committing
to
control
measures
must
comply
with
the
obligations
of
such
commitments.

(
ii)
The
conformity
implementation
plan
revision
required
in
§
51.390
of
this
chapter
must
provide
that
29
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
written
commitments
to
control
measures
that
are
not
included
in
the
transportation
plan
and
TIP
must
be
obtained
prior
to
a
conformity
determination
and
that
such
commitments
must
be
fulfilled.

(
5)
A
regional
emissions
analysis
for
the
purpose
of
satisfying
the
requirements
of
§
93.119
must
make
the
same
assumptions
in
both
the
"
Baseline"
and
"
Action"
scenarios
regarding
control
measures
that
are
external
to
the
transportation
system
itself,
such
as
vehicle
tailpipe
or
evaporative
emission
standards,
limits
on
gasoline
volatility,
vehicle
inspection
and
maintenance
programs,
and
oxygenated
or
reformulated
gasoline
or
diesel
fuel.

(
6)
The
ambient
temperatures
used
for
the
regional
emissions
analysis
shall
be
consistent
with
those
used
to
establish
the
emissions
budget
in
the
applicable
implementation
plan.
All
other
factors,
for
example
the
fraction
of
travel
in
a
hot
stabilized
engine
mode,
must
be
consistent
with
the
applicable
implementation
plan,
unless
modified
after
interagency
consultation
according
to
§
93.105(
c)(
1)(
i)
to
incorporate
additional
or
more
geographically
specific
information
or
represent
a
logically
estimated
trend
in
such
factors
beyond
the
period
considered
in
the
applicable
implementation
plan.

(
7)
Reasonable
methods
shall
be
used
to
estimate
nonattainment
or
maintenance
area
VMT
on
off­
network
roadways
within
the
urban
transportation
planning
area,
and
on
roadways
outside
the
urban
transportation
planning
area.

(
b)
Regional
emissions
analysis
in
serious,
severe,
and
extreme
ozone
nonattainment
areas
and
serious
CO
nonattainment
areas
must
meet
the
requirements
of
paragraphs
(
b)
(
1)
through
(
3)
of
this
section
if
their
metropolitan
planning
area
contains
an
urbanized
area
population
over
200,000.

(
1)
By
January
1,
1997,
estimates
of
regional
transportation­
related
emissions
used
to
support
conformity
determinations
must
be
made
at
a
minimum
using
network­
based
travel
models
according
to
procedures
and
methods
that
are
available
and
in
practice
and
supported
by
current
and
available
documentation.
These
procedures,
methods,
and
practices
are
available
from
DOT
and
will
be
updated
periodically.
Agencies
must
discuss
these
modeling
procedures
and
practices
through
the
interagency
consultation
process,
as
required
by
§
93.105(
c)(
1)(
i).
Network­
based
travel
models
must
at
a
minimum
satisfy
the
following
requirements:

(
i)
Network­
based
travel
models
must
be
validated
against
observed
counts
(
peak
and
off­
peak,
if
possible)
for
a
base
year
that
is
not
more
than
10
years
prior
to
the
date
of
the
conformity
determination.
Model
forecasts
must
be
analyzed
for
reasonableness
and
compared
to
historical
trends
and
other
factors,
and
the
results
must
be
documented;

(
ii)
Land
use,
population,
employment,
and
other
network­
based
travel
model
assumptions
must
be
documented
and
based
on
the
best
available
information;

(
iii)
Scenarios
of
land
development
and
use
must
be
consistent
with
the
future
transportation
system
alternatives
for
which
emissions
are
being
estimated.
The
distribution
of
employment
and
residences
for
different
transportation
options
must
be
reasonable;

(
iv)
A
capacity­
sensitive
assignment
methodology
must
be
used,
and
emissions
estimates
must
be
based
on
a
methodology
which
differentiates
between
peak
and
off­
peak
link
volumes
and
speeds
and
uses
speeds
based
on
final
assigned
volumes;

(
v)
Zone­
to­
zone
travel
impedances
used
to
distribute
trips
between
origin
and
destination
pairs
must
be
in
reasonable
agreement
with
the
travel
times
that
are
estimated
from
final
assigned
traffic
volumes.
Where
30
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
use
of
transit
currently
is
anticipated
to
be
a
significant
factor
in
satisfying
transportation
demand,
these
times
should
also
be
used
for
modeling
mode
splits;
and
(
vi)
Network­
based
travel
models
must
be
reasonably
sensitive
to
changes
in
the
time(
s),
cost(
s),
and
other
factors
affecting
travel
choices.

(
2)
Reasonable
methods
in
accordance
with
good
practice
must
be
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.

(
3)
Highway
Performance
Monitoring
System
(
HPMS)
estimates
of
vehicle
miles
traveled
(
VMT)
shall
be
considered
the
primary
measure
of
VMT
within
the
portion
of
the
nonattainment
or
maintenance
area
and
for
the
functional
classes
of
roadways
included
in
HPMS,
for
urban
areas
which
are
sampled
on
a
separate
urban
area
basis.
For
areas
with
network­
based
travel
models,
a
factor
(
or
factors)
may
be
developed
to
reconcile
and
calibrate
the
network­
based
travel
model
estimates
of
VMT
in
the
base
year
of
its
validation
to
the
HPMS
estimates
for
the
same
period.
These
factors
may
then
be
applied
to
model
estimates
of
future
VMT.
In
this
factoring
process,
consideration
will
be
given
to
differences
between
HPMS
and
network­
based
travel
models,
such
as
differences
in
the
facility
coverage
of
the
HPMS
and
the
modeled
network
description.
Locally
developed
count­
based
programs
and
other
departures
from
these
procedures
are
permitted
subject
to
the
interagency
consultation
procedures
of
§
93.105(
c)(
1)(
i).

(
c)
In
all
areas
not
otherwise
subject
to
paragraph
(
b)
of
this
section,
regional
emissions
analyses
must
use
those
procedures
described
in
paragraph
(
b)
of
this
section
if
the
use
of
those
procedures
has
been
the
previous
practice
of
the
MPO.
Otherwise,
areas
not
subject
to
paragraph
(
b)
of
this
section
may
estimate
regional
emissions
using
any
appropriate
methods
that
account
for
VMT
growth
by,
for
example,
extrapolating
historical
VMT
or
projecting
future
VMT
by
considering
growth
in
population
and
historical
growth
trends
for
VMT
per
person.
These
methods
must
also
consider
future
economic
activity,
transit
alternatives,
and
transportation
system
policies.

(
d)
PM10
from
construction­
related
fugitive
dust.
(
1)
For
areas
in
which
the
implementation
plan
does
not
identify
construction­
related
fugitive
PM10
as
a
contributor
to
the
nonattainment
problem,
the
fugitive
PM10
emissions
associated
with
highway
and
transit
project
construction
are
not
required
to
be
considered
in
the
regional
emissions
analysis.

(
2)
In
PM10
nonattainment
and
maintenance
areas
with
implementation
plans
which
identify
construction­
related
fugitive
PM10
as
a
contributor
to
the
nonattainment
problem,
the
regional
PM10
emissions
analysis
shall
consider
construction­
related
fugitive
PM10
and
shall
account
for
the
level
of
construction
activity,
the
fugitive
PM10
control
measures
in
the
applicable
implementation
plan,
and
the
dust­
producing
capacity
of
the
proposed
activities.

(
e)
Reliance
on
previous
regional
emissions
analysis.
(
1)
The
TIP
may
be
demonstrated
to
satisfy
the
requirements
of
§
§
93.118
("
Motor
vehicle
emissions
budget")
or
93.119
("
Emission
reductions
in
areas
without
motor
vehicle
emissions
budgets")
without
new
regional
emissions
analysis
if
the
regional
emissions
analysis
already
performed
for
the
plan
also
applies
to
the
TIP.
This
requires
a
demonstration
that:

(
i)
The
TIP
contains
all
projects
which
must
be
started
in
the
TIP's
timeframe
in
order
to
achieve
the
highway
and
transit
system
envisioned
by
the
transportation
plan;

(
ii)
All
TIP
projects
which
are
regionally
significant
are
included
in
the
transportation
plan
with
design
31
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
concept
and
scope
adequate
to
determine
their
contribution
to
the
transportation
plan's
regional
emissions
at
the
time
of
the
transportation
plan's
conformity
determination;
and
(
iii)
The
design
concept
and
scope
of
each
regionally
significant
project
in
the
TIP
is
not
significantly
different
from
that
described
in
the
transportation
plan.

(
2)
A
project
which
is
not
from
a
conforming
transportation
plan
and
a
conforming
TIP
may
be
demonstrated
to
satisfy
the
requirements
of
§
93.118
or
§
93.119
without
additional
regional
emissions
analysis
if
allocating
funds
to
the
project
will
not
delay
the
implementation
of
projects
in
the
transportation
plan
or
TIP
which
are
necessary
to
achieve
the
highway
and
transit
system
envisioned
by
the
transportation
plan,
and
if
the
project
is
either:

(
i)
Not
regionally
significant;
or
(
ii)
Included
in
the
conforming
transportation
plan
(
even
if
it
is
not
specifically
included
in
the
latest
conforming
TIP)
with
design
concept
and
scope
adequate
to
determine
its
contribution
to
the
transportation
plan's
regional
emissions
at
the
time
of
the
transportation
plan's
conformity
determination,
and
the
design
concept
and
scope
of
the
project
is
not
significantly
different
from
that
described
in
the
transportation
plan.

[
TOP]
§
93.123
Procedures
for
determining
localized
CO
and
PM10
concentrations
(
hot­
spot
analysis).

(
a)
CO
hot­
spot
analysis.
(
1)
The
demonstrations
required
by
§
93.116
("
Localized
CO
and
PM10
violations")
must
be
based
on
quantitative
analysis
using
the
applicable
air
quality
models,
data
bases,
and
other
requirements
specified
in
40
CFR
part
51,
Appendix
W
(
Guideline
on
Air
Quality
Models).
These
procedures
shall
be
used
in
the
following
cases,
unless
different
procedures
developed
through
the
interagency
consultation
process
required
in
§
93.105
and
approved
by
the
EPA
Regional
Administrator
are
used:

(
i)
For
projects
in
or
affecting
locations,
areas,
or
categories
of
sites
which
are
identified
in
the
applicable
implementation
plan
as
sites
of
violation
or
possible
violation;

(
ii)
For
projects
affecting
intersections
that
are
at
Level­
of­
Service
D,
E,
or
F,
or
those
that
will
change
to
Level­
of­
Service
D,
E,
or
F
because
of
increased
traffic
volumes
related
to
the
project;

(
iii)
For
any
project
affecting
one
or
more
of
the
top
three
intersections
in
the
nonattainment
or
maintenance
area
with
highest
traffic
volumes,
as
identified
in
the
applicable
implementation
plan;
and
(
iv)
For
any
project
affecting
one
or
more
of
the
top
three
intersections
in
the
nonattainment
or
maintenance
area
with
the
worst
level
of
service,
as
identified
in
the
applicable
implementation
plan.

(
2)
In
cases
other
than
those
described
in
paragraph
(
a)(
1)
of
this
section,
the
demonstrations
required
by
§
93.116
may
be
based
on
either:

(
i)
Quantitative
methods
that
represent
reasonable
and
common
professional
practice;
or
(
ii)
A
qualitative
consideration
of
local
factors,
if
this
can
provide
a
clear
demonstration
that
the
requirements
of
§
93.116
are
met.

32
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
b)
PM10
hot­
spot
analysis.
(
1)
The
hot­
spot
demonstration
required
by
§
93.116
must
be
based
on
quantitative
analysis
methods
for
the
following
types
of
projects:

(
i)
Projects
which
are
located
at
sites
at
which
violations
have
been
verified
by
monitoring;

(
ii)
Projects
which
are
located
at
sites
which
have
vehicle
and
roadway
emission
and
dispersion
characteristics
that
are
essentially
identical
to
those
of
sites
with
verified
violations
(
including
sites
near
one
at
which
a
violation
has
been
monitored);
and
(
iii)
New
or
expanded
bus
and
rail
terminals
and
transfer
points
which
increase
the
number
of
diesel
vehicles
congregating
at
a
single
location.

(
2)
Where
quantitative
analysis
methods
are
not
required,
the
demonstration
required
by
§
93.116
may
be
based
on
a
qualitative
consideration
of
local
factors.

(
3)
The
identification
of
the
sites
described
in
paragraph
(
b)(
1)
(
i)
and
(
ii)
of
this
section,
and
other
cases
where
quantitative
methods
are
appropriate,
shall
be
determined
through
the
interagency
consultation
process
required
in
§
93.105.
DOT
may
choose
to
make
a
categorical
conformity
determination
on
bus
and
rail
terminals
or
transfer
points
based
on
appropriate
modeling
of
various
terminal
sizes,
configurations,
and
activity
levels.

(
4)
The
requirements
for
quantitative
analysis
contained
in
this
paragraph
(
b)
will
not
take
effect
until
EPA
releases
modeling
guidance
on
this
subject
and
announces
in
the
FEDERAL
REGISTER
that
these
requirements
are
in
effect.

(
c)
General
requirements.
(
1)
Estimated
pollutant
concentrations
must
be
based
on
the
total
emissions
burden
which
may
result
from
the
implementation
of
the
project,
summed
together
with
future
background
concentrations.
The
total
concentration
must
be
estimated
and
analyzed
at
appropriate
receptor
locations
in
the
area
substantially
affected
by
the
project.

(
2)
Hot­
spot
analyses
must
include
the
entire
project,
and
may
be
performed
only
after
the
major
design
features
which
will
significantly
impact
concentrations
have
been
identified.
The
future
background
concentration
should
be
estimated
by
multiplying
current
background
by
the
ratio
of
future
to
current
traffic
and
the
ratio
of
future
to
current
emission
factors.

(
3)
Hot­
spot
analysis
assumptions
must
be
consistent
with
those
in
the
regional
emissions
analysis
for
those
inputs
which
are
required
for
both
analyses.

(
4)
PM10
or
CO
mitigation
or
control
measures
shall
be
assumed
in
the
hot­
spot
analysis
only
where
there
are
written
commitments
from
the
project
sponsor
and/
or
operator
to
implement
such
measures,
as
required
by
§
93.125(
a).

(
5)
CO
and
PM10
hot­
spot
analyses
are
not
required
to
consider
construction­
related
activities
which
cause
temporary
increases
in
emissions.
Each
site
which
is
affected
by
construction­
related
activities
shall
be
considered
separately,
using
established
"
Guideline"
methods.
Temporary
increases
are
defined
as
those
which
occur
only
during
the
construction
phase
and
last
five
years
or
less
at
any
individual
site.

[
TOP]
§
93.124
Using
the
motor
vehicle
emissions
budget
in
the
applicable
implementation
plan
(
or
33
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
implementation
plan
submission).

(
a)
In
interpreting
an
applicable
implementation
plan
(
or
implementation
plan
submission)
with
respect
to
its
motor
vehicle
emissions
budget(
s),
the
MPO
and
DOT
may
not
infer
additions
to
the
budget(
s)
that
are
not
explicitly
intended
by
the
implementation
plan
(
or
submission).
Unless
the
implementation
plan
explicitly
quantifies
the
amount
by
which
motor
vehicle
emissions
could
be
higher
while
still
allowing
a
demonstration
of
compliance
with
the
milestone,
attainment,
or
maintenance
requirement
and
explicitly
states
an
intent
that
some
or
all
of
this
additional
amount
should
be
available
to
the
MPO
and
DOT
in
the
emissions
budget
for
conformity
purposes,
the
MPO
may
not
interpret
the
budget
to
be
higher
than
the
implementation
plan's
estimate
of
future
emissions.
This
applies
in
particular
to
applicable
implementation
plans
(
or
submissions)
which
demonstrate
that
after
implementation
of
control
measures
in
the
implementation
plan:

(
1)
Emissions
from
all
sources
will
be
less
than
the
total
emissions
that
would
be
consistent
with
a
required
demonstration
of
an
emissions
reduction
milestone;

(
2)
Emissions
from
all
sources
will
result
in
achieving
attainment
prior
to
the
attainment
deadline
and/
or
ambient
concentrations
in
the
attainment
deadline
year
will
be
lower
than
needed
to
demonstrate
attainment;
or
(
3)
Emissions
will
be
lower
than
needed
to
provide
for
continued
maintenance.

(
b)
If
an
applicable
implementation
plan
submitted
before
November
24,
1993,
demonstrates
that
emissions
from
all
sources
will
be
less
than
the
total
emissions
that
would
be
consistent
with
attainment
and
quantifies
that
"
safety
margin,"
the
State
may
submit
an
implementation
plan
revision
which
assigns
some
or
all
of
this
safety
margin
to
highway
and
transit
mobile
sources
for
the
purposes
of
conformity.
Such
an
implementation
plan
revision,
once
it
is
endorsed
by
the
Governor
and
has
been
subject
to
a
public
hearing,
may
be
used
for
the
purposes
of
transportation
conformity
before
it
is
approved
by
EPA.

(
c)
A
conformity
demonstration
shall
not
trade
emissions
among
budgets
which
the
applicable
implementation
plan
(
or
implementation
plan
submission)
allocates
for
different
pollutants
or
precursors,
or
among
budgets
allocated
to
motor
vehicles
and
other
sources,
unless
the
implementation
plan
establishes
appropriate
mechanisms
for
such
trades.

(
d)
If
the
applicable
implementation
plan
(
or
implementation
plan
submission)
estimates
future
emissions
by
geographic
subarea
of
the
nonattainment
area,
the
MPO
and
DOT
are
not
required
to
consider
this
to
establish
subarea
budgets,
unless
the
applicable
implementation
plan
(
or
implementation
plan
submission)
explicitly
indicates
an
intent
to
create
such
subarea
budgets
for
the
purposes
of
conformity.

(
e)
If
a
nonattainment
area
includes
more
than
one
MPO,
the
implementation
plan
may
establish
motor
vehicle
emissions
budgets
for
each
MPO,
or
else
the
MPOs
must
collectively
make
a
conformity
determination
for
the
entire
nonattainment
area.

[
TOP]
§
93.125
Enforceability
of
design
concept
and
scope
and
project­
level
mitigation
and
control
measures.

(
a)
Prior
to
determining
that
a
transportation
project
is
in
conformity,
the
MPO,
other
recipient
of
funds
designated
under
title
23
U.
S.
C.
or
the
Federal
Transit
Laws,
FHWA,
or
FTA
must
obtain
from
the
project
34
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
sponsor
and/
or
operator
written
commitments
to
implement
in
the
construction
of
the
project
and
operation
of
the
resulting
facility
or
service
any
project­
level
mitigation
or
control
measures
which
are
identified
as
conditions
for
NEPA
process
completion
with
respect
to
local
PM10
or
CO
impacts.
Before
a
conformity
determination
is
made,
written
commitments
must
also
be
obtained
for
project­
level
mitigation
or
control
measures
which
are
conditions
for
making
conformity
determinations
for
a
transportation
plan
or
TIP
and
are
included
in
the
project
design
concept
and
scope
which
is
used
in
the
regional
emissions
analysis
required
by
§
§
93.118
("
Motor
vehicle
emissions
budget")
and
93.119
("
Emission
reductions
in
areas
without
motor
vehicle
emissions
budgets")
or
used
in
the
project­
level
hot­
spot
analysis
required
by
§
93.116.

(
b)
Project
sponsors
voluntarily
committing
to
mitigation
measures
to
facilitate
positive
conformity
determinations
must
comply
with
the
obligations
of
such
commitments.

(
c)
The
implementation
plan
revision
required
in
§
51.390
of
this
chapter
shall
provide
that
written
commitments
to
mitigation
measures
must
be
obtained
prior
to
a
positive
conformity
determination,
and
that
project
sponsors
must
comply
with
such
commitments.

(
d)
If
the
MPO
or
project
sponsor
believes
the
mitigation
or
control
measure
is
no
longer
necessary
for
conformity,
the
project
sponsor
or
operator
may
be
relieved
of
its
obligation
to
implement
the
mitigation
or
control
measure
if
it
can
demonstrate
that
the
applicable
hot­
spot
requirements
of
§
93.116,
emission
budget
requirements
of
§
93.118,
and
emission
reduction
requirements
of
§
93.119
are
satisfied
without
the
mitigation
or
control
measure,
and
so
notifies
the
agencies
involved
in
the
interagency
consultation
process
required
under
§
93.105.
The
MPO
and
DOT
must
find
that
the
transportation
plan
and
TIP
still
satisfy
the
applicable
requirements
of
§
§
93.118
and/
or
93.119
and
that
the
project
still
satisfies
the
requirements
of
§
93.116,
and
therefore
that
the
conformity
determinations
for
the
transportation
plan,
TIP,
and
project
are
still
valid.
This
finding
is
subject
to
the
applicable
public
consultation
requirements
in
§
93.105(
e)
for
conformity
determinations
for
projects.

[
TOP]
§
93.126
Exempt
projects.

Notwithstanding
the
other
requirements
of
this
subpart,
highway
and
transit
projects
of
the
types
listed
in
Table
2
of
this
section
are
exempt
from
the
requirement
to
determine
conformity.
Such
projects
may
proceed
toward
implementation
even
in
the
absence
of
a
conforming
transportation
plan
and
TIP.
A
particular
action
of
the
type
listed
in
Table
2
of
this
section
is
not
exempt
if
the
MPO
in
consultation
with
other
agencies
(
see
§
93.105(
c)(
1)(
iii)),
the
EPA,
and
the
FHWA
(
in
the
case
of
a
highway
project)
or
the
FTA
(
in
the
case
of
a
transit
project)
concur
that
it
has
potentially
adverse
emissions
impacts
for
any
reason.
States
and
MPOs
must
ensure
that
exempt
projects
do
not
interfere
with
TCM
implementation.
Table
2
follows:

TABLE
2
­­
EXEMPT
PROJECTS
Safety
Railroad/
highway
crossing.

Hazard
elimination
program.

Safer
non­
Federal­
aid
system
roads.

35
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
Shoulder
improvements.

Increasing
sight
distance.

Safety
improvement
program.

Traffic
control
devices
and
operating
assistance
other
than
signalization
projects.

Railroad/
highway
crossing
warning
devices.

Guardrails,
median
barriers,
crash
cushions.

Pavement
resurfacing
and/
or
rehabilitation.

Pavement
marking
demonstration.

Emergency
relief
(
23
U.
S.
C.
125).

Fencing.

Skid
treatments.

Safety
roadside
rest
areas.

Adding
medians.

Truck
climbing
lanes
outside
the
urbanized
area.

Lighting
improvements.

Widening
narrow
pavements
or
reconstructing
bridges
(
no
additional
travel
lanes).

Emergency
truck
pullovers.

Mass
Transit
Operating
assistance
to
transit
agencies.

Purchase
of
support
vehicles.

Rehabilitation
of
transit
vehicles
1.

Purchase
of
office,
shop,
and
operating
equipment
for
existing
facilities.

Purchase
of
operating
equipment
for
vehicles
(
e.
g.,
radios,
fareboxes,
lifts,
etc.).

Construction
or
renovation
of
power,
signal,
and
communications
systems.

Construction
of
small
passenger
shelters
and
information
kiosks.

Reconstruction
or
renovation
of
transit
buildings
and
structures
(
e.
g.,
rail
or
bus
buildings,
storage
and
maintenance
facilities,
stations,
terminals,
and
ancillary
structures).

Rehabilitation
or
reconstruction
of
track
structures,
track,
and
trackbed
in
existing
rights­
of­
way.

Purchase
of
new
buses
and
rail
cars
to
replace
existing
vehicles
or
for
minor
expansions
of
the
fleet
1.

Construction
of
new
bus
or
rail
storage/
maintenance
facilities
categorically
excluded
in
23
CFR
part
771.

Air
Quality
36
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
Continuation
of
ride­
sharing
and
van­
pooling
promotion
activities
at
current
levels.

Bicycle
and
pedestrian
facilities.

Other
Specific
activities
which
do
not
involve
or
lead
directly
to
construction,
such
as:
Planning
and
technical
studies.

Grants
for
training
and
research
programs.

Planning
activities
conducted
pursuant
to
titles
23
and
49
U.
S.
C.

Federal­
aid
systems
revisions.

Engineering
to
assess
social,
economic,
and
environmental
effects
of
the
proposed
action
or
alternatives
to
that
action.

Noise
attenuation.

Emergency
or
hardship
advance
land
acquisitions
(
23
CFR
712.204(
d)).

Acquisition
of
scenic
easements.

Plantings,
landscaping,
etc.

Sign
removal.

Directional
and
informational
signs.

Transportation
enhancement
activities
(
except
rehabilitation
and
operation
of
historic
transportation
buildings,
structures,
or
facilities).

Repair
of
damage
caused
by
natural
disasters,
civil
unrest,
or
terrorist
acts,
except
projects
involving
substantial
functional,
locational
or
capacity
changes.

Note:
1In
PM10
nonattainment
or
maintenance
areas,
such
projects
are
exempt
only
if
they
are
in
compliance
with
control
measures
in
the
applicable
implementation
plan.

[
TOP]
§
93.127
Projects
exempt
from
regional
emissions
analyses.

Notwithstanding
the
other
requirements
of
this
subpart,
highway
and
transit
projects
of
the
types
listed
in
Table
3
of
this
section
are
exempt
from
regional
emissions
analysis
requirements.
The
local
effects
of
these
projects
with
respect
to
CO
or
PM10
concentrations
must
be
considered
to
determine
if
a
hot­
spot
analysis
is
required
prior
to
making
a
project­
level
conformity
determination.
These
projects
may
then
proceed
to
the
project
development
process
even
in
the
absence
of
a
conforming
transportation
plan
and
TIP.
A
particular
action
of
the
type
listed
in
Table
3
of
this
section
is
not
exempt
from
regional
emissions
analysis
if
the
MPO
in
consultation
with
other
agencies
(
see
§
93.105(
c)(
1)(
iii)),
the
EPA,
and
the
FHWA
(
in
the
case
of
a
highway
project)
or
the
FTA
(
in
the
case
of
a
transit
project)
concur
that
it
has
potential
regional
impacts
for
any
reason.
Table
3
follows:

TABLE
3
­­
PROJECTS
EXEMPT
FROM
REGIONAL
EMISSIONS
ANALYSES
Intersection
channelization
projects.

37
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
Intersection
signalization
projects
at
individual
intersections.

Interchange
reconfiguration
projects.

Changes
in
vertical
and
horizontal
alignment.

Truck
size
and
weight
inspection
stations.

Bus
terminals
and
transfer
points.

[
TOP]
§
93.128
Traffic
signal
synchronization
projects.

Traffic
signal
synchronization
projects
may
be
approved,
funded,
and
implemented
without
satisfying
the
requirements
of
this
subpart.
However,
all
subsequent
regional
emissions
analyses
required
by
§
§
93.118
and
93.119
for
transportation
plans,
TIPs,
or
projects
not
from
a
conforming
plan
and
TIP
must
include
such
regionally
significant
traffic
signal
synchronization
projects.

[
TOP]
§
93.129
Special
exemptions
from
conformity
requirements
for
pilot
program
areas.

EPA
and
DOT
may
exempt
no
more
than
six
areas
for
no
more
than
three
years
from
certain
requirements
of
this
subpart
if
these
areas
are
selected
to
participate
in
a
conformity
pilot
program
and
have
developed
alternative
requirements
that
have
been
approved
by
EPA
as
an
implementation
plan
revision
in
accordance
with
§
51.390
of
this
chapter.
For
the
duration
of
the
pilot
program,
areas
selected
to
participate
in
the
pilot
program
must
comply
with
the
conformity
requirements
of
the
pilot
area's
implementation
plan
revision
for
§
51.390
of
this
chapter
and
all
other
requirements
in
40
CFR
parts
51
and
93
that
are
not
covered
by
the
pilot
area's
implementation
plan
revision
for
§
51.390
of
this
chapter.
The
alternative
conformity
requirements
in
conjunction
with
any
applicable
state
and/
or
federal
conformity
requirements
must
be
proposed
to
fulfill
all
of
the
requirements
of
and
achieve
results
equivalent
to
or
better
than
section
176(
c)
of
the
Clean
Air
Act.
After
the
three­
year
duration
of
the
pilot
program
has
expired,
areas
will
again
be
subject
to
all
of
the
requirements
of
this
subpart
and
40
CFR
part
51,
subpart
T,
and/
or
to
the
requirements
of
any
implementation
plan
revision
that
was
previously
approved
by
EPA
in
accordance
with
§
51.390
of
this
chapter.

[
64
FR
13483,
Mar.
18,
1999]

Subpart
B
­­
Determining
Conformity
of
General
Federal
Actions
to
State
or
Federal
Implementation
Plans
Source:
58
FR
63253,
Nov.
30,
1993,
unless
otherwise
noted.

[
TOP]
§
93.150
Prohibition.

(
a)
No
department,
agency
or
instrumentality
of
the
Federal
Government
shall
engage
in,
support
in
any
way
or
provide
financial
assistance
for,
license
or
permit,
or
approve
any
activity
which
does
not
conform
38
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
to
an
applicable
implementation
plan.

(
b)
A
Federal
agency
must
make
a
determination
that
a
Federal
action
conforms
to
the
applicable
implementation
plan
in
accordance
with
the
requirements
of
this
subpart
before
the
action
is
taken.

(
c)
Paragraph
(
b)
of
this
section
does
not
include
Federal
actions
where:

(
1)
A
National
Environmental
Policy
Act
(
NEPA)
analysis
was
completed
as
evidenced
by
a
final
environmental
assessment
(
EA),
environmental
impact
statement
(
EIS),
or
finding
of
no
significant
impact
(
FONSI)
that
was
prepared
prior
to
January
31,
1994;
or
(
2)(
i)
Prior
to
January
31,
1994,
an
environmental
analysis
was
commenced
or
a
contract
was
awarded
to
develop
the
specific
environmental
analysis;

(
ii)
Sufficient
environmental
analysis
is
completed
by
March
15,
1994
so
that
the
Federal
agency
may
determine
that
the
Federal
action
is
in
conformity
with
the
specific
requirements
and
the
purposes
of
the
applicable
SIP
pursuant
to
the
agency's
affirmative
obligation
under
section
176(
c)
of
the
Clean
Air
Act
(
Act);
and
(
iii)
A
written
determination
of
conformity
under
section
176(
c)
of
the
Act
has
been
made
by
the
Federal
agency
responsible
for
the
Federal
action
by
March
15,
1994.

(
d)
Notwithstanding
any
provision
of
this
subpart,
a
determination
that
an
action
is
in
conformance
with
the
applicable
implementation
plan
does
not
exempt
the
action
from
any
other
requirements
of
the
applicable
implementation
plan,
the
National
Environmental
Policy
Act
(
NEPA),
or
the
Clean
Air
Act
(
Act).

[
58
FR
63253,
Nov.
30,
1993;
58
FR
67442,
Dec.
21,
1993]

[
TOP]
§
93.151
State
implementation
plan
(
SIP)
revision.

The
Federal
conformity
rules
under
this
subpart,
in
addition
to
any
existing
applicable
State
requirements,
establish
the
conformity
criteria
and
procedures
necessary
to
meet
the
Act
requirements
until
such
time
as
the
required
conformity
SIP
revision
is
approved
by
EPA.
A
State's
conformity
provisions
must
contain
criteria
and
procedures
that
are
no
less
stringent
than
the
requirements
described
in
this
subpart.
A
State
may
establish
more
stringent
conformity
criteria
and
procedures
only
if
they
apply
equally
to
nonfederal
as
well
as
Federal
entities.
Following
EPA
approval
of
the
State
conformity
provisions
(
or
a
portion
thereof)
in
a
revision
to
the
applicable
SIP,
the
approved
(
or
approved
portion
of
the)
State
criteria
and
procedures
would
govern
conformity
determinations
and
the
Federal
conformity
regulations
contained
in
this
part
would
apply
only
for
the
portion,
if
any,
of
the
State's
conformity
provisions
that
is
not
approved
by
EPA.
In
addition,
any
previously
applicable
SIP
requirements
relating
to
conformity
remain
enforceable
until
the
State
revises
its
SIP
to
specifically
remove
them
from
the
SIP
and
that
revision
is
approved
by
EPA.

[
TOP]
§
93.152
Definitions.

Terms
used
but
not
defined
in
this
part
shall
have
the
meaning
given
them
by
the
Act
and
EPA's
39
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
regulations
(
40
CFR
chapter
I),
in
that
order
of
priority.

Affected
Federal
land
manager
means
the
Federal
agency
or
the
Federal
official
charged
with
direct
responsibility
for
management
of
an
area
designated
as
Class
I
under
the
Act
(
42
U.
S.
C.
7472)
that
is
located
within
100
km
of
the
proposed
Federal
action.

Applicable
implementation
plan
or
applicable
SIP
means
the
portion
(
or
portions)
of
the
SIP
or
most
recent
revision
thereof,
which
has
been
approved
under
section
110
of
the
Act,
or
promulgated
under
section
110(
c)
of
the
Act
(
Federal
implementation
plan),
or
promulgated
or
approved
pursuant
to
regulations
promulgated
under
section
301(
d)
of
the
Act
and
which
implements
the
relevant
requirements
of
the
Act.

Areawide
air
quality
modeling
analysis
means
an
assessment
on
a
scale
that
includes
the
entire
nonattainment
or
maintenance
area
which
uses
an
air
quality
dispersion
model
to
determine
the
effects
of
emissions
on
air
quality.

Cause
or
contribute
to
a
new
violation
means
a
Federal
action
that:

(
1)
Causes
a
new
violation
of
a
national
ambient
air
quality
standard
(
NAAQS)
at
a
location
in
a
nonattainment
or
maintenance
area
which
would
otherwise
not
be
in
violation
of
the
standard
during
the
future
period
in
question
if
the
Federal
action
were
not
taken;
or
(
2)
Contributes,
in
conjunction
with
other
reasonably
foreseeable
actions,
to
a
new
violation
of
a
NAAQS
at
a
location
in
a
nonattainment
or
maintenance
area
in
a
manner
that
would
increase
the
frequency
or
severity
of
the
new
violation.

Caused
by,
as
used
in
the
terms
"
direct
emissions"
and
"
indirect
emissions,"
means
emissions
that
would
not
otherwise
occur
in
the
absence
of
the
Federal
action.

Criteria
pollutant
or
standard
means
any
pollutant
for
which
there
is
established
a
NAAQS
at
40
CFR
part
50.

Direct
emissions
means
those
emissions
of
a
criteria
pollutant
or
its
precursors
that
are
caused
or
initiated
by
the
Federal
action
and
occur
at
the
same
time
and
place
as
the
action.

Emergency
means
a
situation
where
extremely
quick
action
on
the
part
of
the
Federal
agencies
involved
is
needed
and
where
the
timing
of
such
Federal
activities
makes
it
impractical
to
meet
the
requirements
of
this
subpart,
such
as
natural
disasters
like
hurricanes
or
earthquakes,
civil
disturbances
such
as
terrorist
acts
and
military
mobilizations.

Emissions
budgets
are
those
portions
of
the
applicable
SIP's
projected
emission
inventories
that
describe
the
levels
of
emissions
(
mobile,
stationary,
area,
etc.)
that
provide
for
meeting
reasonable
further
progress
milestones,
attainment,
and/
or
maintenance
for
any
criteria
pollutant
or
its
precursors.

Emissions
offsets,
for
purposes
of
§
93.158,
are
emissions
reductions
which
are
quantifiable,
consistent
with
the
applicable
SIP
attainment
and
reasonable
further
progress
demonstrations,
surplus
to
reductions
required
by,
and
credited
to,
other
applicable
SIP
provisions,
enforceable
at
both
the
State
and
Federal
levels,
and
permanent
within
the
timeframe
specified
by
the
program.

Emissions
that
a
Federal
agency
has
a
continuing
program
responsibility
for
means
emissions
that
are
40
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
specifically
caused
by
an
agency
carrying
out
its
authorities,
and
does
not
include
emissions
that
occur
due
to
subsequent
activities,
unless
such
activities
are
required
by
the
Federal
agency.
When
an
agency,
in
performing
its
normal
program
responsibilities,
takes
actions
itself
or
imposes
conditions
that
result
in
air
pollutant
emissions
by
a
non­
Federal
entity
taking
subsequent
actions,
such
emissions
are
covered
by
the
meaning
of
a
continuing
program
responsibility.

EPA
means
the
Environmental
Protection
Agency.

Federal
action
means
any
activity
engaged
in
by
a
department,
agency,
or
instrumentality
of
the
Federal
government,
or
any
activity
that
a
department,
agency
or
instrumentality
of
the
Federal
government
supports
in
any
way,
provides
financial
assistance
for,
licenses,
permits,
or
approves,
other
than
activities
related
to
transportation
plans,
programs,
and
projects
developed,
funded,
or
approved
under
title
23
U.
S.
C.
or
the
Federal
Transit
Act
(
49
U.
S.
C.
1601
et
seq.).
Where
the
Federal
action
is
a
permit,
license,
or
other
approval
for
some
aspect
of
a
non­
Federal
undertaking,
the
relevant
activity
is
the
part,
portion,
or
phase
of
the
non­
Federal
undertaking
that
requires
the
Federal
permit,
license,
or
approval.

Federal
agency
means,
for
purposes
of
this
subpart,
a
Federal
department,
agency,
or
instrumentality
of
the
Federal
government.

Increase
the
frequency
or
severity
of
any
existing
violation
of
any
standard
in
any
area
means
to
cause
a
nonattainment
area
to
exceed
a
standard
more
often
or
to
cause
a
violation
at
a
greater
concentration
than
previously
existed
and/
or
would
otherwise
exist
during
the
future
period
in
question,
if
the
project
were
not
implemented.

Indirect
emissions
means
those
emissions
of
a
criteria
pollutant
or
its
precursors
that:

(
1)
Are
caused
by
the
Federal
action,
but
may
occur
later
in
time
and/
or
may
be
further
removed
in
distance
from
the
action
itself
but
are
still
reasonably
foreseeable;
and
(
2)
The
Federal
agency
can
practicably
control
and
will
maintain
control
over
due
to
a
continuing
program
responsibility
of
the
Federal
agency.

Local
air
quality
modeling
analysis
means
an
assessment
of
localized
impacts
on
a
scale
smaller
than
the
entire
nonattainment
or
maintenance
area,
including,
for
example,
congested
roadway
intersections
and
highways
or
transit
terminals,
which
uses
an
air
quality
dispersion
model
to
determine
the
effects
of
emissions
on
air
quality.

Maintenance
area
means
an
area
with
a
maintenance
plan
approved
under
section
175A
of
the
Act.

Maintenance
plan
means
a
revision
to
the
applicable
SIP,
meeting
the
requirements
of
section
175A
of
the
Act.

Metropolitan
Planning
Organization
(
MPO)
is
that
organization
designated
as
being
responsible,
together
with
the
State,
for
conducting
the
continuing,
cooperative,
and
comprehensive
planning
process
under
23
U.
S.
C.
134
and
49
U.
S.
C.
1607.

Milestone
has
the
meaning
given
in
sections
182(
g)(
1)
and
189(
c)(
1)
of
the
Act.

National
ambient
air
quality
standards
(
NAAQS)
are
those
standards
established
pursuant
to
section
109
of
the
Act
and
include
standards
for
carbon
monoxide
(
CO),
lead
(
Pb),
nitrogen
dioxide
(
NO2),
ozone,

41
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
particulate
matter
(
PM­
10),
and
sulfur
dioxide
(
SO2).

NEPA
is
the
National
Environmental
Policy
Act
of
1969,
as
amended
(
42
U.
S.
C.
4321
et
seq.).

Nonattainment
area
means
an
area
designated
as
nonattainment
under
section
107
of
the
Act
and
described
in
40
CFR
part
81.

Precursors
of
a
criteria
pollutant
are:

(
1)
For
ozone,
nitrogen
oxides
(
NOx),
unless
an
area
is
exempted
from
NOx
requirements
under
section
182(
f)
of
the
Act,
and
volatile
organic
compounds
(
VOC);
and
(
2)
For
PM­
10,
those
pollutants
described
in
the
PM­
10
nonattainment
area
applicable
SIP
as
significant
contributors
to
the
PM­
10
levels.

Reasonably
foreseeable
emissions
are
projected
future
indirect
emissions
that
are
identified
at
the
time
the
conformity
determination
is
made;
the
location
of
such
emissions
is
known
and
the
emissions
are
quantifiable,
as
described
and
documented
by
the
Federal
agency
based
on
its
own
information
and
after
reviewing
any
information
presented
to
the
Federal
agency.

Regional
water
and/
or
wastewater
projects
include
construction,
operation,
and
maintenance
of
water
or
wastewater
conveyances,
water
or
wastewater
treatment
facilities,
and
water
storage
reservoirs
which
affect
a
large
portion
of
a
nonattainment
or
maintenance
area.

Regionally
significant
action
means
a
Federal
action
for
which
the
direct
and
indirect
emissions
of
any
pollutant
represent
10
percent
or
more
of
a
nonattainment
or
maintenance
area's
emission
inventory
for
that
pollutant.

Total
of
direct
and
indirect
emissions
means
the
sum
of
direct
and
indirect
emissions
increases
and
decreases
caused
by
the
Federal
action;
i.
e.,
the
"
net"
emissions
considering
all
direct
and
indirect
emissions.
The
portion
of
emissions
which
are
exempt
or
presumed
to
conform
under
§
93.153
(
c),
(
d),
(
e),
or
(
f)
are
not
included
in
the
"
total
of
direct
and
indirect
emissions."
The
"
total
of
direct
and
indirect
emissions"
includes
emissions
of
criteria
pollutants
and
emissions
of
precursors
of
criteria
pollutants.

[
TOP]
§
93.153
Applicability.

(
a)
Conformity
determinations
for
Federal
actions
related
to
transportation
plans,
programs,
and
projects
developed,
funded,
or
approved
under
title
23
U.
S.
C.
or
the
Federal
Transit
Act
(
49
U.
S.
C.
1601
et
seq.)
must
meet
the
procedures
and
criteria
of
40
CFR
part
51,
subpart
T,
in
lieu
of
the
procedures
set
forth
in
this
subpart.

(
b)
For
Federal
actions
not
covered
by
paragraph
(
a)
of
this
section,
a
conformity
determination
is
required
for
each
pollutant
where
the
total
of
direct
and
indirect
emissions
in
a
nonattainment
or
maintenance
area
caused
by
a
Federal
action
would
equal
or
exceed
any
of
the
rates
in
paragraphs
(
b)(
1)
or
(
2)
of
this
section.

(
1)
For
purposes
of
paragraph
(
b)
of
this
section,
the
following
rates
apply
in
nonattainment
areas
(
NAA's):

42
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Tons/
year
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Ozone
(
VOC's
or
NO[
INF]
X[/
INF]):
Serious
NAA's................................................
50
Severe
NAA's.................................................
25
Extreme
NAA's................................................
10
Other
ozone
NAA's
outside
an
ozone
transport
region..........
100
Marginal
and
moderate
NAA's
inside
an
ozone
transport
region:
VOC..........................................................
50
NO[
INF]
X[/
INF]...............................................
100
Carbon
monoxide:
All
NAA's....................................................
100
SO[
INF]
2[/
INF]
or
NO[
INF]
2:[/
INF]
All
NAA's....................................................
100
PM­
10:
Moderate
NAA's...............................................
100
Serious
NAA's................................................
70
Pb:
All
NAA's....................................................
25
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

(
2)
For
purposes
of
paragraph
(
b)
of
this
section,
the
following
rates
apply
in
maintenance
areas:

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Tons/
year
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Ozone
(
NO[
INF]
X[/
INF]),
SO[
INF]
2[/
INF]
or
NO[
INF]
2:[/
INF]
All
Maintenance
Areas........................................
100
Ozone
(
VOC's):
Maintenance
areas
inside
an
ozone
transport
region...........
50
Maintenance
areas
outside
an
ozone
transport
region..........
100
Carbon
monoxide:
All
Maintenance
Areas........................................
100
PM­
10:
All
Maintenance
Areas........................................
100
Pb:
All
Maintenance
Areas........................................
25
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

(
c)
The
requirements
of
this
subpart
shall
not
apply
to
the
following
Federal
actions:

(
1)
Actions
where
the
total
of
direct
and
indirect
emissions
are
below
the
emissions
levels
specified
in
paragraph
(
b)
of
this
section.

(
2)
Actions
which
would
result
in
no
emissions
increase
or
an
increase
in
emissions
that
is
clearly
de
minimis:

(
i)
Judicial
and
legislative
proceedings.

(
ii)
Continuing
and
recurring
activities
such
as
permit
renewals
where
activities
conducted
will
be
similar
in
scope
and
operation
to
activities
currently
being
conducted.

(
iii)
Rulemaking
and
policy
development
and
issuance.

43
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
iv)
Routine
maintenance
and
repair
activities,
including
repair
and
maintenance
of
administrative
sites,
roads,
trails,
and
facilities.

(
v)
Civil
and
criminal
enforcement
activities,
such
as
investigations,
audits,
inspections,
examinations,
prosecutions,
and
the
training
of
law
enforcement
personnel.

(
vi)
Administrative
actions
such
as
personnel
actions,
organizational
changes,
debt
management
or
collection,
cash
management,
internal
agency
audits,
program
budget
proposals,
and
matters
relating
to
the
administration
and
collection
of
taxes,
duties
and
fees.

(
vii)
The
routine,
recurring
transportation
of
materiel
and
personnel.

(
viii)
Routine
movement
of
mobile
assets,
such
as
ships
and
aircraft,
in
home
port
reassignments
and
stations
(
when
no
new
support
facilities
or
personnel
are
required)
to
perform
as
operational
groups
and/
or
for
repair
or
overhaul.

(
ix)
Maintenance
dredging
and
debris
disposal
where
no
new
depths
are
required,
applicable
permits
are
secured,
and
disposal
will
be
at
an
approved
disposal
site.

(
x)
Actions,
such
as
the
following,
with
respect
to
existing
structures,
properties,
facilities
and
lands
where
future
activities
conducted
will
be
similar
in
scope
and
operation
to
activities
currently
being
conducted
at
the
existing
structures,
properties,
facilities,
and
lands;
for
example,
relocation
of
personnel,
disposition
of
federally­
owned
existing
structures,
properties,
facilities,
and
lands,
rent
subsidies,
operation
and
maintenance
cost
subsidies,
the
exercise
of
receivership
or
conservatorship
authority,
assistance
in
purchasing
structures,
and
the
production
of
coins
and
currency.

(
xi)
The
granting
of
leases,
licenses
such
as
for
exports
and
trade,
permits,
and
easements
where
activities
conducted
will
be
similar
in
scope
and
operation
to
activities
currently
being
conducted.

(
xii)
Planning,
studies,
and
provision
of
technical
assistance.

(
xiii)
Routine
operation
of
facilities,
mobile
assets
and
equipment.

(
xiv)
Transfers
of
ownership,
interests,
and
titles
in
land,
facilities,
and
real
and
personal
properties,
regardless
of
the
form
or
method
of
the
transfer.

(
xv)
The
designation
of
empowerment
zones,
enterprise
communities,
or
viticultural
areas.

(
xvi)
Actions
by
any
of
the
Federal
banking
agencies
or
the
Federal
Reserve
Banks,
including
actions
regarding
charters,
applications,
notices,
licenses,
the
supervision
or
examination
of
depository
institutions
or
depository
institution
holding
companies,
access
to
the
discount
window,
or
the
provision
of
financial
services
to
banking
organizations
or
to
any
department,
agency
or
instrumentality
of
the
United
States.

(
xvii)
Actions
by
the
Board
of
Governors
of
the
Federal
Reserve
System
or
any
Federal
Reserve
Bank
necessary
to
effect
monetary
or
exchange
rate
policy.

(
xviii)
Actions
that
implement
a
foreign
affairs
function
of
the
United
States.

(
xix)
Actions
(
or
portions
thereof)
associated
with
transfers
of
land,
facilities,
title,
and
real
properties
44
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
through
an
enforceable
contract
or
lease
agreement
where
the
delivery
of
the
deed
is
required
to
occur
promptly
after
a
specific,
reasonable
condition
is
met,
such
as
promptly
after
the
land
is
certified
as
meeting
the
requirements
of
CERCLA,
and
where
the
Federal
agency
does
not
retain
continuing
authority
to
control
emissions
associated
with
the
lands,
facilities,
title,
or
real
properties.

(
xx)
Transfers
of
real
property,
including
land,
facilities,
and
related
personal
property
from
a
Federal
entity
to
another
Federal
entity
and
assignments
of
real
property,
including
land,
facilities,
and
related
personal
property
from
a
Federal
entity
to
another
Federal
entity
for
subsequent
deeding
to
eligible
applicants.

(
xxi)
Actions
by
the
Department
of
the
Treasury
to
effect
fiscal
policy
and
to
exercise
the
borrowing
authority
of
the
United
States.

(
3)
Actions
where
the
emissions
are
not
reasonably
foreseeable,
such
as
the
following:

(
i)
Initial
Outer
Continental
Shelf
lease
sales
which
are
made
on
a
broad
scale
and
are
followed
by
exploration
and
development
plans
on
a
project
level.

(
ii)
Electric
power
marketing
activities
that
involve
the
acquisition,
sale
and
transmission
of
electric
energy.

(
4)
Actions
which
implement
a
decision
to
conduct
or
carry
out
a
conforming
program
such
as
prescribed
burning
actions
which
are
consistent
with
a
conforming
land
management
plan.

(
d)
Notwithstanding
the
other
requirements
of
this
subpart,
a
conformity
determination
is
not
required
for
the
following
Federal
actions
(
or
portion
thereof):

(
1)
The
portion
of
an
action
that
includes
major
new
or
modified
stationary
sources
that
require
a
permit
under
the
new
source
review
(
NSR)
program
(
section
173
of
the
Act)
or
the
prevention
of
significant
deterioration
program
(
title
I,
part
C
of
the
Act).

(
2)
Actions
in
response
to
emergencies
or
natural
disasters
such
as
hurricanes,
earthquakes,
etc.,
which
are
commenced
on
the
order
of
hours
or
days
after
the
emergency
or
disaster
and,
if
applicable,
which
meet
the
requirements
of
paragraph
(
e)
of
this
section.

(
3)
Research,
investigations,
studies,
demonstrations,
or
training
(
other
than
those
exempted
under
paragraph
(
c)(
2)
of
this
section),
where
no
environmental
detriment
is
incurred
and/
or,
the
particular
action
furthers
air
quality
research,
as
determined
by
the
State
agency
primarily
responsible
for
the
applicable
SIP;

(
4)
Alteration
and
additions
of
existing
structures
as
specifically
required
by
new
or
existing
applicable
environmental
legislation
or
environmental
regulations
(
e.
g.,
hush
houses
for
aircraft
engines
and
scrubbers
for
air
emissions).

(
5)
Direct
emissions
from
remedial
and
removal
actions
carried
out
under
the
Comprehensive
Environmental
Response,
Compensation
and
Liability
Act
and
associated
regulations
to
the
extent
such
emissions
either
comply
with
the
substantive
requirements
of
the
PSD/
NSR
permitting
program
or
are
exempted
from
other
environmental
regulation
under
the
provisions
of
CERCLA
and
applicable
regulations
issued
under
CERCLA.

45
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
e)
Federal
actions
which
are
part
of
a
continuing
response
to
an
emergency
or
disaster
under
paragraph
(
d)(
2)
of
this
section
and
which
are
to
be
taken
more
than
6
months
after
the
commencement
of
the
response
to
the
emergency
or
disaster
under
paragraph
(
d)(
2)
of
this
section
are
exempt
from
the
requirements
of
this
subpart
only
if:

(
1)
The
Federal
agency
taking
the
actions
makes
a
written
determination
that,
for
a
specified
period
not
to
exceed
an
additional
6
months,
it
is
impractical
to
prepare
the
conformity
analyses
which
would
otherwise
be
required
and
the
actions
cannot
be
delayed
due
to
overriding
concerns
for
public
health
and
welfare,
national
security
interests
and
foreign
policy
commitments;
or
(
2)
For
actions
which
are
to
be
taken
after
those
actions
covered
by
paragraph
(
e)(
1)
of
this
section,
the
Federal
agency
makes
a
new
determination
as
provided
in
paragraph
(
e)(
1)
of
this
section.

(
f)
Notwithstanding
other
requirements
of
this
subpart,
actions
specified
by
individual
Federal
agencies
that
have
met
the
criteria
set
forth
in
either
paragraph
(
g)(
1)
or
(
g)(
2)
of
this
section
and
the
procedures
set
forth
in
paragraph
(
h)
of
this
section
are
presumed
to
conform,
except
as
provided
in
paragraph
(
j)
of
this
section.

(
g)
The
Federal
agency
must
meet
the
criteria
for
establishing
activities
that
are
presumed
to
conform
by
fulfilling
the
requirements
set
forth
in
either
paragraph
(
g)(
1)
or
(
g)(
2)
of
this
section:

(
1)
The
Federal
agency
must
clearly
demonstrate
using
methods
consistent
with
this
subpart
that
the
total
of
direct
and
indirect
emissions
from
the
type
of
activities
which
would
be
presumed
to
conform
would
not:

(
i)
Cause
or
contribute
to
any
new
violation
of
any
standard
in
any
area;

(
ii)
Interfere
with
provisions
in
the
applicable
SIP
for
maintenance
of
any
standard;

(
iii)
Increase
the
frequency
or
severity
of
any
existing
violation
of
any
standard
in
any
area;
or
(
iv)
Delay
timely
attainment
of
any
standard
or
any
required
interim
emission
reductions
or
other
milestones
in
any
area
including,
where
applicable,
emission
levels
specified
in
the
applicable
SIP
for
purposes
of:

(
A)
A
demonstration
of
reasonable
further
progress;

(
B)
A
demonstration
of
attainment;
or
(
C)
A
maintenance
plan;
or
(
2)
The
Federal
agency
must
provide
documentation
that
the
total
of
direct
and
indirect
emissions
from
such
future
actions
would
be
below
the
emission
rates
for
a
conformity
determination
that
are
established
in
paragraph
(
b)
of
this
section,
based,
for
example,
on
similar
actions
taken
over
recent
years.

(
h)
In
addition
to
meeting
the
criteria
for
establishing
exemptions
set
forth
in
paragraphs
(
g)(
1)
or
(
g)(
2)
of
this
section,
the
following
procedures
must
also
be
complied
with
to
presume
that
activities
will
conform:

(
1)
The
Federal
agency
must
identify
through
publication
in
the
FEDERAL
REGISTER
its
list
of
proposed
activities
that
are
presumed
to
conform
and
the
basis
for
the
presumptions;

46
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
2)
The
Federal
agency
must
notify
the
appropriate
EPA
Regional
Office(
s),
State
and
local
air
quality
agencies
and,
where
applicable,
the
agency
designated
under
section
174
of
the
Act
and
the
MPO
and
provide
at
least
30
days
for
the
public
to
comment
on
the
list
of
proposed
activities
presumed
to
conform;

(
3)
The
Federal
agency
must
document
its
response
to
all
the
comments
received
and
make
the
comments,
response,
and
final
list
of
activities
available
to
the
public
upon
request;
and
(
4)
The
Federal
agency
must
publish
the
final
list
of
such
activities
in
the
FEDERAL
REGISTER.

(
i)
Notwithstanding
the
other
requirements
of
this
subpart,
when
the
total
of
direct
and
indirect
emissions
of
any
pollutant
from
a
Federal
action
does
not
equal
or
exceed
the
rates
specified
in
paragraph
(
b)
of
this
section,
but
represents
10
percent
or
more
of
a
nonattainment
or
maintenance
area's
total
emissions
of
that
pollutant,
the
action
is
defined
as
a
regionally
significant
action
and
the
requirements
of
§
93.150
and
§
§
93.155
through
93.160
shall
apply
for
the
Federal
action.

(
j)
Where
an
action
otherwise
presumed
to
conform
under
paragraph
(
f)
of
this
section
is
a
regionally
significant
action
or
does
not
in
fact
meet
one
of
the
criteria
in
paragraph
(
g)(
1)
of
this
section,
that
action
shall
not
be
presumed
to
conform
and
the
requirements
of
§
93.150
and
§
§
93.155
through
93.160
shall
apply
for
the
Federal
action.

(
k)
The
provisions
of
this
subpart
shall
apply
in
all
nonattainment
and
maintenance
areas.

[
TOP]
§
93.154
Conformity
analysis.

Any
Federal
department,
agency,
or
instrumentality
of
the
Federal
government
taking
an
action
subject
to
this
subpart
must
make
its
own
conformity
determination
consistent
with
the
requirements
of
this
subpart.
In
making
its
conformity
determination,
a
Federal
agency
must
consider
comments
from
any
interested
parties.
Where
multiple
Federal
agencies
have
jurisdiction
for
various
aspects
of
a
project,
a
Federal
agency
may
choose
to
adopt
the
analysis
of
another
Federal
agency
or
develop
its
own
analysis
in
order
to
make
its
conformity
determination.

[
TOP]
§
93.155
Reporting
requirements.

(
a)
A
Federal
agency
making
a
conformity
determination
under
§
93.158
must
provide
to
the
appropriate
EPA
Regional
Office(
s),
State
and
local
air
quality
agencies
and,
where
applicable,
affected
Federal
land
managers,
the
agency
designated
under
section
174
of
the
Act
and
the
MPO
a
30
day
notice
which
describes
the
proposed
action
and
the
Federal
agency's
draft
conformity
determination
on
the
action.

(
b)
A
Federal
agency
must
notify
the
appropriate
EPA
Regional
Office(
s),
State
and
local
air
quality
agencies
and,
where
applicable,
affected
Federal
land
managers,
the
agency
designated
under
section
174
of
the
Clean
Air
Act
and
the
MPO
within
30
days
after
making
a
final
conformity
determination
under
§
93.158.

[
TOP]

47
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
§
93.156
Public
participation.

(
a)
Upon
request
by
any
person
regarding
a
specific
Federal
action,
a
Federal
agency
must
make
available
for
review
its
draft
conformity
determination
under
§
93.158
with
supporting
materials
which
describe
the
analytical
methods
and
conclusions
relied
upon
in
making
the
applicability
analysis
and
draft
conformity
determination.

(
b)
A
Federal
agency
must
make
public
its
draft
conformity
determination
under
§
93.158
by
placing
a
notice
by
prominent
advertisement
in
a
daily
newspaper
of
general
circulation
in
the
area
affected
by
the
action
and
by
providing
30
days
for
written
public
comment
prior
to
taking
any
formal
action
on
the
draft
determination.
This
comment
period
may
be
concurrent
with
any
other
public
involvement,
such
as
occurs
in
the
NEPA
process.

(
c)
A
Federal
agency
must
document
its
response
to
all
the
comments
received
on
its
draft
conformity
determination
under
§
93.158
and
make
the
comments
and
responses
available,
upon
request
by
any
person
regarding
a
specific
Federal
action,
within
30
days
of
the
final
conformity
determination.

(
d)
A
Federal
agency
must
make
public
its
final
conformity
determination
under
§
93.158
for
a
Federal
action
by
placing
a
notice
by
prominent
advertisement
in
a
daily
newspaper
of
general
circulation
in
the
area
affected
by
the
action
within
30
days
of
the
final
conformity
determination.

[
TOP]
§
93.157
Frequency
of
conformity
determinations.

(
a)
The
conformity
status
of
a
Federal
action
automatically
lapses
5
years
from
the
date
a
final
conformity
determination
is
reported
under
§
93.155,
unless
the
Federal
action
has
been
completed
or
a
continuous
program
has
been
commenced
to
implement
that
Federal
action
within
a
reasonable
time.

(
b)
Ongoing
Federal
activities
at
a
given
site
showing
continuous
progress
are
not
new
actions
and
do
not
require
periodic
redeterminations
so
long
as
such
activities
are
within
the
scope
of
the
final
conformity
determination
reported
under
§
93.155.

(
c)
If,
after
the
conformity
determination
is
made,
the
Federal
action
is
changed
so
that
there
is
an
increase
in
the
total
of
direct
and
indirect
emissions,
above
the
levels
in
§
93.153(
b),
a
new
conformity
determination
is
required.

[
TOP]
§
93.158
Criteria
for
determining
conformity
of
general
Federal
actions.

(
a)
An
action
required
under
§
93.153
to
have
a
conformity
determination
for
a
specific
pollutant,
will
be
determined
to
conform
to
the
applicable
SIP
if,
for
each
pollutant
that
exceeds
the
rates
in
§
93.153(
b),
or
otherwise
requires
a
conformity
determination
due
to
the
total
of
direct
and
indirect
emissions
from
the
action,
the
action
meets
the
requirements
of
paragraph
(
c)
of
this
section,
and
meets
any
of
the
following
requirements:

(
1)
For
any
criteria
pollutant,
the
total
of
direct
and
indirect
emissions
from
the
action
are
specifically
identified
and
accounted
for
in
the
applicable
SIP's
attainment
or
maintenance
demonstration;

48
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
2)
For
ozone
or
nitrogen
dioxide,
the
total
of
direct
and
indirect
emissions
from
the
action
are
fully
offset
within
the
same
nonattainment
or
maintenance
area
through
a
revision
to
the
applicable
SIP
or
a
similarly
enforceable
measure
that
effects
emission
reductions
so
that
there
is
no
net
increase
in
emissions
of
that
pollutant;

(
3)
For
any
criteria
pollutant,
except
ozone
and
nitrogen
dioxide,
the
total
of
direct
and
indirect
emissions
from
the
action
meet
the
requirements:

(
i)
Specified
in
paragraph
(
b)
of
this
section,
based
on
areawide
air
quality
modeling
analysis
and
local
air
quality
modeling
analysis;
or
(
ii)
Meet
the
requirements
of
paragraph
(
a)(
5)
of
this
section
and,
for
local
air
quality
modeling
analysis,
the
requirement
of
paragraph
(
b)
of
this
section;

(
4)
For
CO
or
PM­
10
­­

(
i)
Where
the
State
agency
primarily
responsible
for
the
applicable
SIP
determines
that
an
areawide
air
quality
modeling
analysis
is
not
needed,
the
total
of
direct
and
indirect
emissions
from
the
action
meet
the
requirements
specified
in
paragraph
(
b)
of
this
section,
based
on
local
air
quality
modeling
analysis;
or
(
ii)
Where
the
State
agency
primarily
responsible
for
the
applicable
SIP
determines
that
an
areawide
air
quality
modeling
analysis
is
appropriate
and
that
a
local
air
quality
modeling
analysis
is
not
needed,
the
total
of
direct
and
indirect
emissions
from
the
action
meet
the
requirements
specified
in
paragraph
(
b)
of
this
section,
based
on
areawide
modeling,
or
meet
the
requirements
of
paragraph
(
a)(
5)
of
this
section;
or
(
5)
For
ozone
or
nitrogen
dioxide,
and
for
purposes
of
paragraphs
(
a)(
3)(
11)
and
(
a)(
4)(
ii)
of
this
section,
each
portion
of
the
action
or
the
action
as
a
whole
meets
any
of
the
following
requirements:

(
i)
Where
EPA
has
approved
a
revision
to
an
area's
attainment
or
maintenance
demonstration
after
1990
and
the
State
makes
a
determination
as
provided
in
paragraph
(
a)(
5)(
i)(
A)
of
this
section
or
where
the
State
makes
a
commitment
as
provided
in
paragraph
(
a)(
5)(
i)(
B)
of
this
section:

(
A)
The
total
of
direct
and
indirect
emissions
from
the
action
(
or
portion
thereof)
is
determined
and
documented
by
the
State
agency
primarily
responsible
for
the
applicable
SIP
to
result
in
a
level
of
emissions
which,
together
with
all
other
emissions
in
the
nonattainment
(
or
maintenance)
area,
would
not
exceed
the
emissions
budgets
specified
in
the
applicable
SIP;

(
B)
The
total
of
direct
and
indirect
emissions
from
the
action
(
or
portion
thereof)
is
determined
by
the
State
agency
responsible
for
the
applicable
SIP
to
result
in
a
level
of
emissions
which,
together
with
all
other
emissions
in
the
nonattainment
(
or
maintenance)
area,
would
exceed
an
emissions
budget
specified
in
the
applicable
SIP
and
the
State
Governor
or
the
Governor's
designee
for
SIP
actions
makes
a
written
commitment
to
EPA
which
includes
the
following:

(
1)
A
specific
schedule
for
adoption
and
submittal
of
a
revision
to
the
SIP
which
would
achieve
the
needed
emission
reductions
prior
to
the
time
emissions
from
the
Federal
action
would
occur;

(
2)
Identification
of
specific
measures
for
incorporation
into
the
SIP
which
would
result
in
a
level
of
emissions
which,
together
with
all
other
emissions
in
the
nonattainment
or
maintenance
area,
would
not
exceed
any
emissions
budget
specified
in
the
applicable
SIP;

49
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
3)
A
demonstration
that
all
existing
applicable
SIP
requirements
are
being
implemented
in
the
area
for
the
pollutants
affected
by
the
Federal
action,
and
that
local
authority
to
implement
additional
requirements
has
been
fully
pursued;

(
4)
A
determination
that
the
responsible
Federal
agencies
have
required
all
reasonable
mitigation
measures
associated
with
their
action;
and
(
5)
Written
documentation
including
all
air
quality
analyses
supporting
the
conformity
determination;

(
C)
Where
a
Federal
agency
made
a
conformity
determination
based
on
a
State
commitment
under
paragraph
(
a)(
5)(
i)(
B)
of
this
section,
such
a
State
commitment
is
automatically
deemed
a
call
for
a
SIP
revision
by
EPA
under
section
110(
k)(
5)
of
the
Act,
effective
on
the
date
of
the
Federal
conformity
determination
and
requiring
response
within
18
months
or
any
shorter
time
within
which
the
State
commits
to
revise
the
applicable
SIP;

(
ii)
The
action
(
or
portion
thereof),
as
determined
by
the
MPO,
is
specifically
included
in
a
current
transportation
plan
and
transportation
improvement
program
which
have
been
found
to
conform
to
the
applicable
SIP
under
40
CFR
part
51,
subpart
T,
or
40
CFR
part
93,
subpart
A;

(
iii)
The
action
(
or
portion
thereof)
fully
offsets
its
emissions
within
the
same
nonattainment
or
maintenance
area
through
a
revision
to
the
applicable
SIP
or
an
equally
enforceable
measure
that
effects
emission
reductions
equal
to
or
greater
than
the
total
of
direct
and
indirect
emissions
from
the
action
so
that
there
is
no
net
increase
in
emissions
of
that
pollutant;

(
iv)
Where
EPA
has
not
approved
a
revision
to
the
relevant
SIP
attainment
or
maintenance
demonstration
since
1990,
the
total
of
direct
and
indirect
emissions
from
the
action
for
the
future
years
(
described
in
§
93.159(
d)
do
not
increase
emissions
with
respect
to
the
baseline
emissions:

(
A)
The
baseline
emissions
reflect
the
historical
activity
levels
that
occurred
in
the
geographic
area
affected
by
the
proposed
Federal
action
during:

(
1)
Calendar
year
1990;

(
2)
The
calendar
year
that
is
the
basis
for
the
classification
(
or,
where
the
classification
is
based
on
multiple
years,
the
most
representative
year),
if
a
classification
is
promulgated
in
40
CFR
part
81;
or
(
3)
The
year
of
the
baseline
inventory
in
the
PM­
10
applicable
SIP;

(
B)
The
baseline
emissions
are
the
total
of
direct
and
indirect
emissions
calculated
for
the
future
years
(
described
in
§
93.159(
d))
using
the
historic
activity
levels
(
described
in
paragraph
(
a)(
5)(
iv)(
A)
of
this
section)
and
appropriate
emission
factors
for
the
future
years;
or
(
v)
Where
the
action
involves
regional
water
and/
or
wastewater
projects,
such
projects
are
sized
to
meet
only
the
needs
of
population
projections
that
are
in
the
applicable
SIP.

(
b)
The
areawide
and/
or
local
air
quality
modeling
analyses
must:

(
1)
Meet
the
requirements
in
§
93.159;
and
(
2)
Show
that
the
action
does
not:

50
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
(
i)
Cause
or
contribute
to
any
new
violation
of
any
standard
in
any
area;
or
(
ii)
Increase
the
frequency
or
severity
of
any
existing
violation
of
any
standard
in
any
area.

(
c)
Notwithstanding
any
other
requirements
of
this
section,
an
action
subject
to
this
subpart
may
not
be
determined
to
conform
to
the
applicable
SIP
unless
the
total
of
direct
and
indirect
emissions
from
the
action
is
in
compliance
or
consistent
with
all
relevant
requirements
and
milestones
contained
in
the
applicable
SIP,
such
as
elements
identified
as
part
of
the
reasonable
further
progress
schedules,
assumptions
specified
in
the
attainment
or
maintenance
demonstration,
prohibitions,
numerical
emission
limits,
and
work
practice
requirements.

(
d)
Any
analyses
required
under
this
section
must
be
completed,
and
any
mitigation
requirements
necessary
for
a
finding
of
conformity
must
be
identified
before
the
determination
of
conformity
is
made.

[
TOP]
§
93.159
Procedures
for
conformity
determinations
of
general
Federal
actions.

(
a)
The
analyses
required
under
this
subpart
must
be
based
on
the
latest
planning
assumptions.

(
1)
All
planning
assumptions
must
be
derived
from
the
estimates
of
population,
employment,
travel,
and
congestion
most
recently
approved
by
the
MPO,
or
other
agency
authorized
to
make
such
estimates,
where
available.

(
2)
Any
revisions
to
these
estimates
used
as
part
of
the
conformity
determination,
including
projected
shifts
in
geographic
location
or
level
of
population,
employment,
travel,
and
congestion,
must
be
approved
by
the
MPO
or
other
agency
authorized
to
make
such
estimates
for
the
urban
area.

(
b)
The
analyses
required
under
this
subpart
must
be
based
on
the
latest
and
most
accurate
emission
estimation
techniques
available
as
described
below,
unless
such
techniques
are
inappropriate.
If
such
techniques
are
inappropriate
and
written
approval
of
the
EPA
Regional
Administrator
is
obtained
for
any
modification
or
substitution,
they
may
be
modified
or
another
technique
substituted
on
a
case­
by­
case
basis
or,
where
appropriate,
on
a
generic
basis
for
a
specific
Federal
agency
program.

(
1)
For
motor
vehicle
emissions,
the
most
current
version
of
the
motor
vehicle
emissions
model
specified
by
EPA
and
available
for
use
in
the
preparation
or
revision
of
SIPs
in
that
State
must
be
used
for
the
conformity
analysis
as
specified
in
paragraphs
(
b)(
1)(
i)
and
(
ii)
of
this
section:

(
i)
The
EPA
must
publish
in
the
FEDERAL
REGISTER
a
notice
of
availability
of
any
new
motor
vehicle
emissions
model;
and
(
ii)
A
grace
period
of
3
months
shall
apply
during
which
the
motor
vehicle
emissions
model
previously
specified
by
EPA
as
the
most
current
version
may
be
used.
Conformity
analyses
for
which
the
analysis
was
begun
during
the
grace
period
or
no
more
than
3
years
before
the
FEDERAL
REGISTER
notice
of
availability
of
the
latest
emission
model
may
continue
to
use
the
previous
version
of
the
model
specified
by
EPA.

(
2)
For
non­
motor
vehicle
sources,
including
stationary
and
area
source
emissions,
the
latest
emission
factors
specified
by
EPA
in
the
"
Compilation
of
Air
Pollutant
Emission
Factors
(
AP­
42)"
1
must
be
used
51
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
for
the
conformity
analysis
unless
more
accurate
emission
data
are
available,
such
as
actual
stack
test
data
from
stationary
sources
which
are
part
of
the
conformity
analysis.

1Copies
may
be
obtained
from
the
Technical
Support
Division
of
OAQPS,
EPA,
MD­
14,
Research
Triangle
Park,
NC
27711.

(
c)
The
air
quality
modeling
analyses
required
under
this
subpart
must
be
based
on
the
applicable
air
quality
models,
data
bases,
and
other
requirements
specified
in
the
most
recent
version
of
the
"
Guideline
on
Air
Quality
Models
(
Revised)"
(
1986),
including
supplements
(
EPA
publication
no.
450/
2­
78­
027R)
2
,
unless:

2See
footnote
1
at
§
93.159(
b)(
2).

(
1)
The
guideline
techniques
are
inappropriate,
in
which
case
the
model
may
be
modified
or
another
model
substituted
on
a
case­
by­
case
basis
or,
where
appropriate,
on
a
generic
basis
for
a
specific
Federal
agency
program;
and
(
2)
Written
approval
of
the
EPA
Regional
Administrator
is
obtained
for
any
modification
or
substitution.

(
d)
The
analyses
required
under
this
subpart,
except
§
93.158(
a)(
1),
must
be
based
on
the
total
of
direct
and
indirect
emissions
from
the
action
and
must
reflect
emission
scenarios
that
are
expected
to
occur
under
each
of
the
following
cases:

(
1)
The
Act
mandated
attainment
year
or,
if
applicable,
the
farthest
year
for
which
emissions
are
projected
in
the
maintenance
plan;

(
2)
The
year
during
which
the
total
of
direct
and
indirect
emissions
from
the
action
is
expected
to
be
the
greatest
on
an
annual
basis;
and
(
3)
Any
year
for
which
the
applicable
SIP
specifies
an
emissions
budget.

[
TOP]
§
93.160
Mitigation
of
air
quality
impacts.

(
a)
Any
measures
that
are
intended
to
mitigate
air
quality
impacts
must
be
identified
and
the
process
for
implementation
and
enforcement
of
such
measures
must
be
described,
including
an
implementation
schedule
containing
explicit
timelines
for
implementation.

(
b)
Prior
to
determining
that
a
Federal
action
is
in
conformity,
the
Federal
agency
making
the
conformity
determination
must
obtain
written
commitments
from
the
appropriate
persons
or
agencies
to
implement
any
mitigation
measures
which
are
identified
as
conditions
for
making
conformity
determinations.

(
c)
Persons
or
agencies
voluntarily
committing
to
mitigation
measures
to
facilitate
positive
conformity
determinations
must
comply
with
the
obligations
of
such
commitments.

(
d)
In
instances
where
the
Federal
agency
is
licensing,
permitting
or
otherwise
approving
the
action
of
another
governmental
or
private
entity,
approval
by
the
Federal
agency
must
be
conditioned
on
the
other
entity
meeting
the
mitigation
measures
set
forth
in
the
conformity
determination.

(
e)
When
necessary
because
of
changed
circumstances,
mitigation
measures
may
be
modified
so
long
as
52
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
the
new
mitigation
measures
continue
to
support
the
conformity
determination.
Any
proposed
change
in
the
mitigation
measures
is
subject
to
the
reporting
requirements
of
§
93.156
and
the
public
participation
requirements
of
§
93.157.

(
f)
The
implementation
plan
revision
required
in
§
93.151
shall
provide
that
written
commitments
to
mitigation
measures
must
be
obtained
prior
to
a
positive
conformity
determination
and
that
such
commitments
must
be
fulfilled.

(
g)
After
a
State
revises
its
SIP
to
adopt
its
general
conformity
rules
and
EPA
approves
that
SIP
revision,
any
agreements,
including
mitigation
measures,
necessary
for
a
conformity
determination
will
be
both
State
and
federally
enforceable.
Enforceability
through
the
applicable
SIP
will
apply
to
all
persons
who
agree
to
mitigate
direct
and
indirect
emissions
associated
with
a
Federal
action
for
a
conformity
determination.

53
of
53
5/
14/
2003
10:
03
AM
Code
of
Federal
Regulations
Search
Results
http://
ecfr1.
access.
gpo.
gov/
otcgi/
cfr/
ot...
view&
SUBSET=
SUBSET&
FROM=
1&
SIZE=
10&
ITEM=
1
