2004 and 2005 Transportation Conformity Rule Amendments Outreach Activities
Session 3: When Do You Do Conformity?
FHWA Transportation Conformity and CMAQ Workshop
Summer 2004
New Nonattainment Areas
CAA and conformity rule provide a one-year grace period for newly designated nonattainment areas
After one year:
conforming plan and TIP must be in place
subject to conformity frequency requirements
When will conformity apply for the new air quality standards?
Conformity applies one year after the effective date of EPA's nonattainment designation for a given standard
June 15, 2005: Conformity applies for most 8-hour ozone areas (e.g., except EACs)
1-hour ozone standard will be revoked
Jan/Feb 2006: Conformity applies for PM2.5
When is the first conformity determination required?
First conformity determination for the new standards must be completed:
for metropolitan and donut areas, by the end of the one-year grace period or plan/TIP conformity will lapse
for isolated rural areas, by the first FHWA/FTA project phase approval (no lapse will occur in these areas, however, since these areas do not have plans/TIPs)
conformity determinations can be completed voluntarily during the grace period
effective date of conformity determinations can be during the grace period
Does DOT have to make a determination by the end of the grace period?
Yes, both the MPO and DOT must make plan and TIP conformity determinations by the end of the grace period
In order to avoid a lapse
What requirements apply for other standards during grace period?
Until the standard is revoked 1-hour areas must continue to comply with the rule's 1-hour requirements and existing 1-hour SIP budgets
1-hour conformity determinations required:
for plan or TIP updates or amendments
to satisfy triggers (e.g., 18 months after a 1-hour budget is found adequate)
to satisfy other frequency requirements
Conformity for other pollutants continues as applicable
Do all determinations during grace period have to address new standard?
No, conformity to a new air quality standard cannot be required during its grace period
An area could decide to not address a new standard during the grace period,
even if it was addressed in a previous determination during the grace period
However, by the end of the grace period a DOT plan/TIP conformity determination must be made for new standard to avoid lapse
When does 3-year conformity clock start for new standards?
Refresher: A new conformity determination and regional emissions analysis required at least every 3 years
PM2.5: 3-year clock starts on date of of first plan/TIP determination and regional emissions analysis, even if DOT's determination done during PM2.5 grace period
"First" determination=what is in place at end of grace period
When does 3-year conformity clock start for new standards?
8-hour ozone: 3-year clock starts on date of either:
DOT's first conformity determination, based on a new regional emissions analysis for 8-hour ozone, even if DOT's determination done during grace period, or
DOT's last 1-hour conformity determination, based on a new analysis, in the case where an 8-hour area relies on a previous 1-hour analysis for all or a portion of the first 8-hour determination
Can an 8-hour area rely on a previous 1-hour analysis?
Yes, if the requirements of 93.122(g) are met:
Analysis must apply to the plan and TIP;
Be applicable to the 8-hour boundary; and
Meet all of the requirements of 93.118 or 93.119
e.g., The previous analysis for the budget test must include a regional analysis for the 8-hour attainment year.
Examples: 3-year clock in 8-hour ozone areas
Example 1: DOT makes a plan/TIP conformity determination based on a new regional emissions analysis:
DOT determination made on June 1, 2005
3-year clock starts on June 1, 2005
Examples: 3-year clock in 8-hour ozone areas
Example 2: DOT makes a plan/TIP conformity determination based on the previous regional emissions analysis:
Previous DOT determination made on September 1, 2004
