A.1. What is the purpose of these FAQs?
The purpose of these FAQs is to provide information on the transportation conformity and transportation planning implications as a result of implementation of the 2012 PM2.5 NAAQS and the revocation of the 1997 primary annual PM2.5 NAAQS. (See Summary table of what is included, provided in Appendix A.)
These FAQs do not replace or supersede any laws, regulations, or guidance. See Question A.4 for additional resources.
A.2. When did the US. Environmental Protection Agency (EPA) finalize the 2012 PM2.5 nonattainment designations?
EPA's final rule designating nonattainment areas for the 2012 PM2.5 NAAQS was published in the Federal Register(see 80 FR 2206) on January 15, 2015, and was effective April 15, 2015. Additional information regarding the designations can be found on EPA's Greenbook website and 2012 PM2.5 Initial Designations webpage.
A.3. How many areas are designated nonattainment under the 2012 PM2.5 NAAQS? Are maps showing the boundaries of the nonattainment areas available?
A total of 9 areas1 were designated nonattainment under the 2012 PM2.5 NAAQS. The FHWA prepared a set of maps to show the 2012 PM2.5 boundaries, the MPO and State boundaries, and the 1997 PM2.5 boundaries. These maps are posted on FHWA's website. The EPA State maps showing boundaries of the 2012 PM2.5 nonattainment areas are available on EPA's website.
A.4. Where can I find additional guidance on how to address conformity under the revocation of the 1997 primary annual PM2.5 NAAQS and the 2012 PM2.5 NAAQS?
Several sources are available to provide more information on pertinent regulations and guidance addressing topics covered in these FAQs:
B.1. Did EPA revoke the 1997 primary annualPM2.5 NAAQS?
Yes. The EPA published a final rule on August 24, 2016, that revoked the 1997 primary annual PM2.5 NAAQS for areas that had been redesignated to attainment as of the effective date of the rule, October 24, 2016 (81 FR 58010). The rule also provided that the 1997 primary annual PM2.5 NAAQS is revoked in other areas as of the effective date of any future redesignations to attainment. The EPA did not revoke the 1997 primary annual PM2.5 NAAQS for areas that remain designated nonattainment or maintenance. See EPA's Guidance on the Revocation of the 1997 Primary AnnualPM2.5Standard (listed above) for more information on this process.
B.2: For a MPO that has previously been nonattainment or maintenance for the 1997PM2.5 NAAQS and subject to the 4-year metropolitan transportation plan/conformity update requirement, but will now be attainment for all pollutants when the 1997 primary annualPM2.5 NAAQS is revoked, can it transition back to the 5-year metropolitan transportation plan update cycle?
Yes. Once the revocation of the 1997 primary annual PM2.5 NAAQS is applicable in an area under either case described in B.1., the MPO can revert to a 5-year transportation planning clock for the metropolitan transportation plan if the area is in attainment for all transportation-related NAAQS (i.e., ozone, PM, carbon monoxide, and nitrogen dioxide). The 5-year metropolitan transportation plan update cycle will apply from the date of the most recent MPO metropolitan transportation plan adoption (not the most recent FHWA/FTA conformity determination). This is consistent with the May 21, 2001, FHWA/FTA guidance on "Clarification of Plan Requirements in Nonattainment and Maintenance Areas."
Illustrative Fictional Example: On December 10, 2013, EPA published a final rule redesignating a 1997 PM2.5 nonattainment area to attainment and approving the Section 175A maintenance plan. On July 15, 2015, the MPO Board for this area adopted an update to the area's metropolitan long transportation plan (MTP) and transportation improvement program (TIP) along with a transportation conformity determination for the 1997 PM2.5 NAAQS – the only pollutant for which the area is nonattainment or maintenance. The FHWA/FTA made a conformity determination for the updated LRP and TIP on September 1, 2015. At that time, the end of the 4-year LRP/TIP and transportation conformity cycle was September 1, 2019. The EPA revoked the 1997 primary annual PM2.5 NAAQS for all areas in attainment for the 1997 primary annual PM2.5 NAAQS as of October 24, 2016. Therefore, as of October 24, 2016, the area became attainment for all transportation-related pollutants and the MPO can revert to the 5-year LRP minimum update cycle for attainment areas. The end of the 5-year planning cycle becomes July 15, 2020 – 5 years after the MPO adopted the most recent LRP update. Note that the TIP remains on a 4-year cycle in all areas.
B.3. If an MPO has initiated the conformity process for the1997 PM2.5 NAAQS before the 1997 primary annual PM2.5 NAAQS is revoked, does the MPO need to complete the conformity process and make a conformity determination if the MPO and/or US DOT action is taken after the revocation is effective?
No. Once the 1997 primary annual PM2.5 NAAQS revocation is effective for an area, a conformity determination is no longer required for that NAAQS. However, conformity determinations are still required for other transportation-related NAAQS for which the area is nonattainment or maintenance.
C.1a: When do metropolitan transportation plan and TIP conformity determinations need to be completed for the 2012 PM2.5 NAAQS?
The Clean Air Act §176(c)(6) (42 U.S.C. §7506(c)(6)), and the conformity rule (40 CFR 93.102(d)) provide a 12-month grace period for newly designated nonattainment areas before conformity applies. In 2012 PM2.5 nonattainment areas, conformity of the metropolitan transportation plan and transportation improvement program (TIP) must be determined by April 15, 2016 (1 year after the effective date of final designations). Metropolitan and donut nonattainment areas must complete all of the tasks that are required for a conformity determination (e.g., interagency consultation, regional emissions analyses, public participation, MPO and FHWA/FTA conformity determinations) during the 12-month grace period in order to avoid a conformity lapse upon the expiration of the grace period. Note that the conformity lapse grace period found in the Clean Air Act §176(c)(9) (42 U.S.C. §7506(c)(9)), and the transportation conformity rule at 40 CFR 93.104(f) does not apply to newly designated nonattainment areas. Additional information can be found in FHWA's "Frequently Asked Questions on the Transportation Conformity Lapse Grace Period"question 10 and EPA's "Transportation Conformity Guidance for 2012 PM2.5 Nonattainment Areas" questions 2.1, 2.4 and 2.5.
C.1b. When is project-level conformity for the 2012 PM2.5 NAAQS required?
After the end of the 1-year conformity grace period on April 15, 2016, a project-level conformity determination is required before a non-exempt Federal project in a 2012 PM2.5 nonattainment area completes the NEPA process, as defined in 40 CFR 93.101 (see definition for "NEPA process completion"). See Question C.2e. below for additional information on requirements for project-level conformity determinations in 2012 PM2.5 nonattainment and maintenance areas.
C.1c. Can FHWA/FTA or EPA extend the one-year grace period from the effective date of final nonattainment designation before conformity applies?
No, the 1-year grace period is in the Clean Air Act §176(c)(6) (42 U.S.C. §7506(c)(6)) and the conformity rule (40 CFR 93.102(d)), so no administrative flexibility can be offered.
C2a: If an area determines conformity for the 2012 PM2.5 NAAQS before the end of the grace period, would that start the 4-year conformity update cycle required in metropolitan nonattainment and maintenance areas?
The 4-year conformity update cycle would start when the 2012 PM2.5 NAAQS conformity determination is made by FHWA/FTA, if the determination is based on a new regional emissions analysis. For example, if FHWA/FTA determined 2012 PM2.5 conformity of a metropolitan transportation plan and TIP, based on a new regional emissions analysis, on January 1, 2016, the 4-year update cycle would start on January 1, 2016. Therefore, the next 2012 PM2.5 conformity determination based on a new regional emissions analysis would be required by January 1, 2020. However, metropolitan transportation plan/TIP update requirements, as well as the conformity frequency requirements of 40 CFR 93.104(b), (c), and (e) for other pollutants, would still apply. In other words, the 2012 PM2.5 conformity determination in this case might not satisfy the metropolitan transportation plan/TIP update frequency requirements of the planning regulations (23 CFR 450.324(c), 450.326(a)), nor the frequency requirements of 40 CFR 93.104(b), (c), and (e) for other applicable pollutants. An updated metropolitan plan/TIP, new regional emissions analysis, and conformity determination would still be required when the metropolitan plan/TIP or conformity determination for any other applicable pollutants expires.
C.2b: Can a metropolitan transportation plan and/or TIP be in conformity under the 2012 PM2.5 NAAQS, but not in conformity for another pollutant?
Yes. If an area is designated nonattainment for both the 2012 PM2.5 NAAQS and another pollutant (e.g., the 2008 ozone NAAQS), then the metropolitan transportation plan and TIP must meet the conformity requirements for both pollutants (40 CFR 93.102(b)). It is possible to have a situation where requirements are met for one NAAQS, but not another. For example, if the budget test is passed for ozone in the area, but not for the 2012 PM2.5 NAAQS, the portion of the MPO contained within the 2012 PM2.5 nonattainment area would enter the conformity lapse grace period and potentially could enter a conformity lapse a year later. However, if the nonattainment areas' boundaries do not overlap completely (i.e., a portion of the MPO is only within the 2008 ozone nonattainment area, but not within the 2012 PM2.5 nonattainment area), then that portion not within the boundaries of the 2012 PM2.5 nonattainment area would not enter the conformity lapse grace period or a conformity lapse a year later if conformity still cannot be demonstrated for the 2012 PM2.5 NAAQS. So, in this example, the portion of the area that is only nonattainment for the 2008 ozone NAAQS would not be affected by the inability to determine conformity for the 2012 PM2.5 NAAQS.
C.2c: Does a conformity determination for the 2012 PM2.5 NAAQS need to be accompanied by conformity determinations for other transportation-related pollutants for which the area is nonattainment or maintenance?
Not necessarily. As long as an update or amendment to the metropolitan transportation plan/TIP is not taking place at the same time, a conformity determination for the 2012 PM2.5 NAAQS would not need to address other transportation related pollutants for which the area might be nonattainment or maintenance. However, metropolitan transportation plan/TIP update requirements, as well as the frequency requirements of 40 CFR 93.104(b), (c), and (e) for the other pollutants, would still apply. In other words, the 2012 PM2.5 conformity determination in this case would not satisfy the metropolitan transportation plan/TIP update frequency requirements of the planning regulations (23 CFR 450.324(c), 450.326(a)), nor the frequency requirements of the conformity rule at 40 CFR 93.104(b), (c), or (e) for the other pollutants.
C.2d. What is the conformity baseline year for 2012 PM2.5 areas?
For the 2012 PM2.5 NAAQS, the conformity baseline year is 2014. As explained in question 3.7 of EPA's "Transportation Conformity Guidance 2012 PM2.5 Nonattainment Areas," for any NAAQS promulgated after 1997, the conformity rule at 40 CFR 93.119(e)(4) defines the baseline year for the baseline year test as the most recent year for which EPA's Air Emissions Reporting Rule requires submission of on-road mobile source emissions inventories as of the effective date of designations. Conformity determinations using the baseline year test as an interim emission test must therefore use 2014 as the baseline year. See EPA's conformity baseline year website for more information on baseline years.
C.2e: What is needed to demonstrate project-level conformity in 2012 PM2.5 areas?
In areas that are nonattainment or maintenance for PM, a project-level conformity determination must show that the project comes from a conforming metropolitan transportation plan and TIP, and the project's design concept and scope have not changed significantly since the metropolitan transportation plan and TIP conformity determination, per 40 CFR 93.115.2 A hot-spot analysis may be required for projects of air quality concern as defined by 40 CFR 93.123(b). The EPA has guidance for preparing PM hot-spot analyses for transportation conformity, available at https://www.epa.gov/state-and-local-transportation/policy-and-technical-guidance-state-and-local-transportation. Additional project-level conformity requirements may apply if the area is nonattainment or maintenance for other pollutants, such as hot-spot requirements in CO and PM10 areas, or commitments in the State Implementation Plan.
C.3a: For an MPO that had previously been attainment and subject to the 5-year metropolitan transportation plan update requirement, but is now nonattainment under the2012 PM2.5 NAAQS, how should that MPO transition to the 4-year metropolitan transportation plan/conformity update cycle?
Currently, this situation does not apply to any 2012 PM2.5 nonattainment areas. The MPO must demonstrate conformity of its metropolitan transportation plan and TIP within 1 year of the effective date of the nonattainment designation, meaning by April 15, 2016 for the 2012 PM2.5 standard (40 CFR 93.102(d)). If an area has a valid metropolitan transportation plan in place (i.e., within the 5-year planning cycle for attainment areas), the area can demonstrate conformity on their existing plan provided that it meets all other requirements. However, the conformity determination will only be good for the rest of the original life of the metropolitan transportation plan (i.e., if less than 4 years left in the plan, the plan will expire on its original 5 year scheduled update) or 4 years after the conformity determination, whichever comes first. Alternatively, the MPO could make a conformity determination on a brand new metropolitan transportation plan by the end of the 12-month conformity grace period, which would start the 4-year update cycle for both the metropolitan transportation plan and conformity at the same time.
This table summarizes the requirements covered in these FAQs. The category of area is based on its status as of October 24, 2016 which is the effective date of the 2012 PM2.5 Implementation Rule and the revocation of the 1997 primary annual PM2.5 NAAQS in some areas. This table is for informational purposes only and may not consider the individual nature of each area. Please consult with the EPA Regional Office and FHWA Division Office for questions about a specific area.
Area |
Transportation Conformity |
Transportation Planning |
|---|---|---|
| 1997 PM2.5 area redesignated attainment – NO other nonattainment/ maintenance areas | No longer applies | Reverts to 5-year long range plan cycle |
| 1997 PM2.5 area redesignated attainment – WITH other nonattainment/ maintenance areas | No longer applies for 1997 PM2.5; continues to apply for other relevant nonattainment or maintenance NAAQS | Continue 4-year long range plan and conformity cycles (due to applicable nonattainment/ maintenance NAAQS) |
| 1997 PM2.5 area – nonattainment | Continues to apply | Continue 4-year long range plan and conformity cycles |
| 2012 PM2.5 nonattainment area | Applied as of April 15, 2016 | Utilizes 4-year long range plan and conformity cycles |
This appendix is for informational purposes only. Please refer to the relevant Federal Register notices for confirmation on the status for each individual area. Note also that the nonattainment boundary for each PM2.5 NAAQS may or may not overlap exactly with the other PM2.5 NAAQS boundaries. Please note that the table below only includes those 2006 and 2012 PM2.5 areas that are also nonattainment or maintenance for the 1997annual PM2.5 NAAQS. The table does not list all nonattainment and maintenance area for the 2006 and 2012 PM2.5 NAAQS.
1997 PM2.5 Areas |
Redesignated to Attainment as of October 24, 2016? |
2006 PM2.5 Nonattainment or Maintenance area? |
2012 PM2.5 Nonattainment area? |
|---|---|---|---|
Atlanta, GA |
Yes |
||
Baltimore, MD |
Yes |
||
Birmingham, AL |
Yes |
Yes |
|
Canton-Massillon, OH |
Yes |
Yes |
|
Charlestown, WV |
Yes |
Yes |
|
Chattanooga, TN-GA-AL |
Yes |
||
Chicago-Gary-Lake County, IL-IN |
Yes |
||
Cincinnati-Hamilton, OH-KY-IN |
Yes |
||
Cleveland-Akron-Lorain, OH |
Yes |
Yes |
Yes |
Columbus, OH |
Yes |
||
Dayton-Springfield, OH |
Yes |
||
Detroit-Ann Arbor, MI |
Yes |
Yes |
|
Evansville, IN |
Yes |
||
Greensboro-Winston Salem-High Point, NC |
Yes |
||
Harrisburg-Lebanon-Carlisle, PA |
Yes |
Yes |
|
Hickory-Morganton-Lenoir, NC |
Yes |
||
Huntington-Ashland, WV-KY-OH |
Yes |
||
Indianapolis, IN |
Yes |
||
Johnstown, PA |
Yes |
Yes |
|
Knoxville, TN |
No |
Yes |
|
Lancaster, PA |
Yes |
Yes |
|
Libby, MT |
No |
||
Liberty-Clairton, PA |
No |
Yes |
|
Los Angeles-South Coast Air Basin, CA |
Yes |
Yes |
Yes |
Louisville, KY-IN – Indiana portion |
Yes |
||
Louisville, KY-IN – Kentucky portion |
No |
||
Macon, GA |
Yes |
||
Martinsburg, WV-Hagerstown, MD |
Yes |
||
New York-N. New Jersey-Long Island, NY-NJ-CT |
Yes |
Yes |
|
Parkersburg-Marietta, WV-OH |
Yes |
||
Philadelphia-Wilmington, PA-NJ-DE |
Yes |
Yes |
Yes |
Pittsburgh-Beaver Valley, PA |
Yes |
Yes |
|
Reading, PA |
Yes |
||
Rome, GA |
Yes |
||
San Joaquin Valley, CA |
No |
Yes |
Yes |
St. Louis, MO-IL |
No |
||
Steubenville-Weirton, OH-WV |
Yes |
Yes |
|
Washington, DC-MD-VA |
Yes |
||
Wheeling, WV-OH |
Yes |
||
York, PA |
Yes |
1 Allegheny County, PA, Cleveland, OH, Delaware County, PA, Imperial County, CA, Lebanon County, PA, Los Angeles-South Coast Air Basin, CA, Plumas County, CA, San Joaquin Valley, CA, West Silver Valley, ID
2 Note that if the area is in the conformity lapse grace period defined in 40 CFR 93.104(b)(3) and (c)(3), the project could be from the most recent conforming transportation plan and TIP, per 40 CFR 93.104(f).
