General Conformity – 40 CFR Parts 51 and 93, Subpart B (2010)
Abstract
In November 1993, EPA promulgated two sets of regulations to implement Section 176(c) of the Clean Air Act. First, on November 24, EPA promulgated the Transportation Conformity Regulations, which apply to highways and mass transit. These regulations establish the criteria and procedures for determining whether transportation plans, programs, and projects funded under title 23 U.S.C. or the Federal Transit Act conform with the state implementation plan (SIP) (58 FR 62188). On November 30, EPA promulgated a second set of regulations, known as the General Conformity Regulations, which apply to all other federal actions. These regulations ensured that other federal actions also conformed to the SIPs (58 FR 63214).
The purpose of the General Conformity Rule is to:
- Ensure that federal activities do not cause or contribute to new violations of the National Ambient Air Quality Standards (NAAQS);
- Ensure that actions do not cause additional or worsen existing violations of or contribute to new violations of the NAAQS; and
- Ensure that attainment of the NAAQS is not delayed.
The revised rule establishes requirements that will allow federal facilities expecting future expansion or modifications to negotiate a facility-wide emission budget with the applicable state air quality agencies. It incorporates an early emission reduction credit program for all agencies that follow the Airport Early Emission Reduction guidance developed jointly by EPA and the FAA. It also allows emissions of one precursor pollutant to be offset by the reduction of emissions of another precursor pollutant. The final rule removes requirements for federal agencies to conduct conformity determinations for “regionally significant” actions and lists categories of actions that federal agencies can presume to conform. The final rule also allows states to establish “presumed to conform” lists for actions in their state.
The EPA General Conformity website also contains guidance specific to airports, as well as answers for frequently asked questions.