Revisions
to
the
General
Conformity
Regulations
Summary
of
Results
of
Option
Selection
Meeting
On
January
28,
2005
an
Options
Selection
Meeting
was
held
for
the
Assistant
Administrator
for
Air
and
Radiation.
Mr.
Robert
Brenner,
the
Deputy
Assistant
Administrator
for
Air
and
Radiation
represented
Assistant
Administrator
Jeff
Holmstead.
The
purpose
of
the
meeting
was
to
consider
options
developed
by
the
EPA
workgroup
for
the
revision
to
EPA's
General
Conformity
Regulations.
The
workgroup
met
on
December
15,
2004
to
review
input
from
stakeholders
and
alternatives
for
addressing
21
proposed
changes
to
the
Regulation
in
4
different
categories.
A
full
meeting
summary
including
all
options
considered
and
selected
is
attached.

All
the
changes
proposed
by
the
workgroup
to
the
General
Conformity
Regulation
were
accepted
and
approved
by
Mr.
Brenner
with
the
following
conditions.

1.
Emission
Budgets
 
The
revisions
should
not
include
a
provision
for
EPA
to
make
adequacy
determinations
of
the
emission
budgets.
The
OGC
staff
expressed
concern
because
of
current
litigation
over
adequacy
determinations
in
the
Transportation
Conformity
program.
 
Regions
9
and
2
cited
that
military
installations
in
their
regions
were
already
using
this
approach
(
but
not
with
a
presumption
of
conformity).
These
examples
should
be
cited
in
the
revised
regulations.

2.
Inter­
Precursor
Offsets
for
Ozone
Areas
 
Region
9
expressed
concerns
that
adequate
guidance
is
lacking
for
technical
evaluations
of
inter­
precursor
trading
for
a
variety
of
programs
not
using
these
types
of
offsets.
A
parallel
process
should
be
initiated
to
develop
better
technical
guidance
for
inter­
precursor
trading.
 
Work
with
OPEI
to
on
the
language
for
this
provision.

3.
Mitigation
Timing
 
The
revised
regulation
should
be
explicit
that
states
still
must
meet
all
SIP
obligations
even
if
they
chose
to
negotiate
alternative
schedules
for
implementing
mitigation
measures
with
a
federal
facility,
but
states
don't
necessarily
need
to
offset
emission
in
the
current
year.
Work
with
OPEI
to
on
the
language
for
this
provision.
 
Provide
Region
2
additional
time
to
comment
on
this
provision.

4.
Grandfathering
Provision
in
the
Existing
Regulation
 
Consult
with
the
OGC's
office
to
include
language
to
clarify
that
revisions
to
these
provisions
does
not
exempt
federal
agencies
from
previous
general
conformity
requirements.

5.
Wildland
Fire
Policy
 
Provide
OPEI
a
briefing
on
the
existing
policy
6.
Revise
Emergency
Episode
to
Include
Military
Readiness
 
Work
with
OGC
and
ensure
language
is
consistent
with
other
regulations
and
statements.
 
This
issue
should
be
flagged
in
the
final
action
memo.

7.
Coverage
of
Construction
Emission
 
Proposed
regulation
should
take
comment
on
exemptions
from
short­
term
projects
(
e.
g.,
<
1­
2
years)
 
The
regulations
should
highlight
that
federal
agencies
have
several
options
were
construction
emissions
do
not
have
to
be
included
in
the
analysis,
such
as:
o
When
they
are
included
in
a
facility­
wide
emission
budget
o
When
they
are
included
in
a
presumed
to
conform
list
o
When
a
state
issues
construction
permits
that
cover
these
emissions
in
the
SIP
(
similar
to
minor
NSR
exemptions).
 
This
issue
should
be
flagged
in
the
final
action
memo.

8.
Offsite
Mobile
Source
Emission
 
Guidance
on
this
General
Conformity
issue
should
be
coordinated
with
Transportation
Conformity
guidance
issued
by
OTAQ.

Also
in
attendance
was:
 
Mr.
David
Stonefield,
the
workgroup
leader
from
the
Office
of
Air
Quality
and
Standards
(
OAQPS),
 
Mr.
Thomas
Coda,
OAQPS,
and
 
Ms.
Sara
Shneeberg
from
the
Office
of
General
Council
(
OGC).

Participating
by
phone
was:
 
Mr.
Gregory
Green,
Deputy
Director,
OAQPS
 
Ms.
Lydia
Wegman,
Director
AQSSD,
OAQPS
 
Ms.
Annie
Nikbakht,
OAQPS
 
Mr.
Mark
Corrales,
OPEI
 
Mr.
David
Wampler,
Region
9
 
Mr.
Mike
Moltzen,
Region
2
 
Ms.
Patricia
Morris,
Region
5
