General Conformity Training Module 1.1: What and Where

Module I The Basics. This module is under construction and the links provided may not lead to the correct corresponding paragraphs 1.1 through 1-10 below. Contact Virginia Raps with comments or concerns 919-451-4383 or raps.virginia@epa.gov.

Words that are shown in bold and italics are defined in the Glossary.

EPA maintains a General Conformity website https://epa.gov/general-conformity.

1.1 What is General Conformity?

General Conformity is the process through which a Federal agency assures the State air agency or Tribal government that the activities the agency proposes to approve, fund, permit, license, support, or engage in conforms to the purpose of the implementation plan (AIP) applicable within the nonattainment or maintenance affected by such activities. The effect of conformity is that the emissions caused by such activities will not interfere with the ability of a State or Tribe (hereinafter State) to attain and maintain the National Ambient Air Quality Standards (NAAQS), which are established by the EPA to protect human health and the environment. It is the responsibility of the State to achieve attainment of the NAAQS within a nonattainment area by the statutory attainment date and maintain attainment of the standards once the area is redesignated attainment.

1.2 Who is responsible for attaining the NAAQS?

EPA, in partnership with the States, are responsible for the designation of areas as nonattainment and redesignating them once they achieve the NAAQS. Areas of nonattainment for ozone, carbon monoxide, and particulate matter are assigned a classification that indicates the extent of the air quality problems within the area. Information on where nonattainment and maintenance areas are located can be found on EPA’s Green Book website. On the site, you can search by pollutant, designation status, or county. You can also contact your EPA Regional office for more information on nonattainment and maintenance areas in your State.

1.3 What is an Applicable Implementation Plan (AIP)?

Each nonattainment area and maintenance attainment area must be managed in accordance with a uniquely applicable air quality Implementation Plan developed either by the State (State Implementation Plan, or SIP), the Tribe (Tribal Implementation Plan or TIP), or the EPA (Federal Implementation Plan or FIP). A SIP or TIP (hereafter SIP) must be approved by EPA before use in evaluating General Conformity. An AIP contains the procedures, regulations, and documents that Federal agencies and non-federal entities must abide by in order to enable the State to achieve attainment of the NAAQS by a regulatory date or maintain the NAAQS within a maintenance area. The State has the jurisdiction and authority to implement, maintain, and enforce the NAAQS through their implementation plans and to fulfill other requirements of the CAA. Under General Conformity, a Federal agency must assure conformity of emissions caused by the activities they propose to the AIP's purpose of eliminating or reducing the severity and number of violations of the NAAQS and achieving expeditious attainment of the NAAQS.

1.4 What are the requirements of General Confomrity?

The Federal General Conformity program requirements are established at 40 CFR part 93 subpart B and implements the Clean Air Act (CAA) conformity requirement under section 176(c)(4)(A) for general Federal activities. There may be several Federal activities subject to the conformity requirement for one project that are considered collectively in an agency's larger National Environmental Policy Act (NEPA) environmental review. Not every NEPA Environmental Impact Statement (EIS) or Environmental Assessment (EA) requires a General Conformity evaluation, but nearly every General Conformity evaluation prepared is intended to support a NEPA review that assesses the overall environmental impact of the proposed activities.

1.5 Where does General Conformity apply?

General Conformity applies only within nonattainment and maintenance areas. A nonattainment area is an area designated by EPA as consistently violating a NAAQS. The area remains a nonattainment area unless or until the EPA redesignates the area as attainment. The status of such an area is referred to as a maintenance area because the State would operate the area in accordance with an EPA approved maintenance plan under Clean Air Act (CAA) section 175A for a period of 20 years from the effective date of the redesignation. Such areas are under the State's jurisdiction and authority, and sanctions could be imposed for a failure to attain the NAAQS in a timely manner.

1.6 Who is responsible for conformity?

The Federal agency has sole responsibility for its conformity determination. Conformity means that a Federal agency has met all the requirements of subpart B and can assure the State that its proposed activities meet (conforms to) the purpose of the State's air quality prevention and control plans for attainment and maintenance of the NAAQS. This assurance is the responsibility of the Federal agency or agencies proposing to approve, fund, permit, license, support, or engage in activities that require this Federal assistance.

Under CAA section 176(c)(1)(A) and (1)(B), a Federal agency must assure conformity to the purpose of the AIP, meaning that the proposed Federal activities will not cause any new violation of the NAAQS, increase the frequency or severity of any NAAQS violation, or delay timely attainment of the NAAQS or interfere with any interim milestones or schedules.

1.7 When are Federal activities subject to General Conformity?

General Conformity covers a wide variety of federal activities. Federal activities are tasks that are needed to ensure successful implementation or operation of a Federal project (e.g., construction phases and operational phases (e.g., operation of additional aircraft for an airport improvement project, decommissioning of a facility, etc.). When Federal activities require assistance from a Federal agency, such as approval, funding, a permit, a licence, support, or other authorization, and those activities cause emissions of criteria or precursor pollutants to originate within a nonattainment or maintenance area, the activities are subject to the General Conformity provisions.

1.8 Who is responsible for conformity?

1.9 How is a General Conformity evaluation done?

The General Conformity evaluation consists of five parts:

PART I -- Project Identification

PART II -- Prepare the Applicability Analysis

PART III -- Apply remedies and prepare a Draft demonstration of conformity

PART IV -- Prepare the Draft demonstration and determination of conformity

PART V -- Prepare the Final Demonstration and Determination

1.9.1 Project Identification and Applicability Analysis. The General Conformity evaluation begins with an examination of the proposed Federal action and what activity or activities, if any, the Federal agency is proposing to approve, fund, permit, license, support, or engage in that requires Federal authorization (i.e., activities requiring assistance):

This must be a "general" Federal action, meaning this action is not for making metropolitan area or regional transportation decisions;
Identify the nonattainment or maintenance area that would be affected by emissions caused by the activities requiring assistance, meaning activities that would cause emissions of criteria or precursor pollutants to originate within a nonattainment or maintenance area (referred to as the affected area);
Exclude from the analysis any emissions caused by activities that are exempt or presumed to conform (PTC);
Calculate the activities' total of net direct and indirect (TDI) emissions, by activity, by year, by relevant pollutant (criteria pollutants for which the affected area is, or was, designated nonattainment);
Compare the annual net increases in emissions of each relevant pollutant to the de minimis rates specified for the affected area;
If for every year analyzed, the TDI emissions are less than the associated de minimis rates, the Federal agency can make a de minimis finding; and no further analysis under General Conformity is necessary;
If for any year analyzed, the TDI emissions are equal to or greater than the associated de minimis rate, the Federal agency must apply remedies and prepare a Draft demonstration.

1.9.2 Apply remedies and prepare a Draft demonstration of conformity. The Federal agency must demonstrate for each year how the annual net increase in TDI emissions will be reduced, mitigated, offset, or otherwise accounted for so there is no year with any annual net increase in emissions caused by the activities. If available, use the:

Facility-wide project-specific emissions budget in the AIP for any part or portion of the TDI emissions; or,
Early Emissions Reduction Credits (EERC) for any part or portion of the TDI emissions; or,
Construction budget, at the discretion of the State air agency, and if emissions remain:

-- Apply the emissions to air quality dispersion modeling in accordance with the General Conformity procedures and be consistent with the EPA's 40 CFR Appendix W to Part 51—Guideline on Air Quality Models and satisfy the requirements in accordance with CAA sec. 176(c)(1)(B)(i) and (B)(ii) to ensure no air quality impact. Otherwise, do not use modeling and instead;

--Apply one or a combination of the EPA-approved criteria in accordance with the procedures and satisfy any other requirements, measures, or milestones included in the AIP to ensure no air emissions impact in accordance with CAA sec. 176(c)(1)(B)(iii); otherwise consider the following:

(1) Extend the construction phase of the project;

(2) Apply mitigation measures or obtain emissions offsets;

(3) Coordinate with the State air agency to revise the AIP to include the emissions in a revision to the AIP; or

(4) Redeisgn the project and repeat the applicabiality analysis.

1.9.3 General Conformity Draft Demonstration and Determination. Provide the public with a 30-day period for review and comment. Complete the General Conformity requirements for reporting and public participation for the Draft Determination. Provide the Draft Demonstration, all supporting matierials, and the Draft Determination to any person upon their request.

1.9.4 General Conformity Final Demonstration and Determination. Finalize the draft demonstration and determination and make the Final Determination. Within 30 days, complete the reporting and public participation requirements for the Final Determination. Provide written responses to all public comments upon request by any person.

1.10 When must the conformity determination be completed?

If needed, a conformity determination must be complete before the Federal agency, the non-Federal entity it supports, or their contractors can engage in or implement the activities that are the subject of the conformity demonstrtation and determination. Usually, implementation of Federal activities cannot commence, and permits do not come into play, until the larger project plan is approved, or funding is provided through the agency's federal action to issue the NEPA Record of Decision (ROD) or the agency's NEPA Finding of No significant Impact (FONSI).