general conformity regulation

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2. Overview. BackgroundGeneral conformity regulationAvailable guidance. 3. Background. Conformity added to Clean Air Act in 19771990 Amendments reinforced requirementTwo typesTransportation for highways and mass transitGeneral for everything elseRule promulgated in November 1993. 4. Purpose of the Regulations.

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1. 1 General Conformity Regulation Dave Stonefield, P.E., Q.E.P. Office of Air Quality Planning and Standards

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3. 3 Background Conformity added to Clean Air Act in 1977 1990 Amendments reinforced requirement Two types Transportation for highways and mass transit General for everything else Rule promulgated in November 1993

4. 4 Purpose of the Regulations Ensure that Federal actions will not interfere with the SIP Foster communications with State/local air quality agency Allow for public participation in the review Allow for project level review

5. 5 Basic Implementation Principles Federal agencies make their own determinations EPA, States and public can comment on draft determinations Federal agencies can be sued for incorrect of inadequate determinations

6. 6 General Conformity Evaluation Applicability requirements Conformity determinations Procedural requirements

7. 7 Applicability Requirements Non-attainment and maintenance areas emissions Emissions above the de minimis levels Exemptions for certain listed categories Agencies can list actions that are “presumed to conform”

8. 8 Applicability Requirements Covers total direct and indirect emissions Indirect emissions must Under a continuing program responsibility of the agency Be reasonably foreseeable

10. 10 Conformity Determinations Included in the SIP State agrees to include in the SIP Mitigation Offsets In some cases, A.Q. modeling

12. 12 Provisions of Sec 93.158(a)(5) Areas with approved post 1990 SIPs State determines that the action/project emissions along with all other will not exceed the SIP emission budget State commits to include the emissions in SIP Action/project includes all reasonable mitigation measures Areas without approved post 1990 SIP Emissions not above baseline MPO determines that the emissions included in TP and TIP Emissions offset

13. 13 Procedural Requirements Draft determination 30-day review EPA Regional Office State/local air quality agencies Federal land managers MPO Draft available to public for 30-day comment period Final determination 30 day notice

14. 14 EPA Guidance Documents July 13, 1994 question and answer guidance Letters to other Federal agencies EPA/FAA September 25, 2002 questions and answer guidance for airports

15. 15 EPA General Conformity Web Site

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