Section R18-2-1404. Frequency of Conformity Determinations

A.      Conformity determinations and conformity redeterminations for transportation plans, TIPs, and FHWA or FTA projects shall be made according to the requirements of this Section and the applicable implementation plan.

B.       Each new transportation plan shall be found to conform before the transportation plan is approved by the MPO or accepted by USDOT.

C.      All transportation plan revisions shall be found to conform before the transportation plan revisions are approved by the MPO or accepted by USDOT, unless the revision merely adds or deletes exempt projects listed in R18-2-1434 and has been made in accordance with the notification provisions contained in R18-2-1405. The conformity determination shall be based on the transportation plan and the revision taken as a whole.

D.      An existing conformity determination shall lapse unless con- formity of existing transportation plans is redetermined:

1.        By May 25, 1995, unless previously redetermined consis- tent with 40 CFR 51, subpart T.

2.        Within 18 months after EPA approval of an implementa- tion plan revision which either:

a.         Establishes or revises a transportation-related emis- sions budget (as required by CAA §§ 175A(a), 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 189(a)(1)(B), and 189(b)(1)(A); and §§ 192(a) and 192(b), for nitrogen dioxide); or

b.        Adds, deletes, or changes TCMs.

3.        Within 18 months after EPA promulgation of an imple- mentation plan which establishes or revises a transporta- tion-related emissions budget or adds, deletes, or changes TCMs.

E.       In any case, conformity determinations shall be made no less frequently than every three years, or the existing conformity determination will lapse.

F.       A new TIP shall be found to conform before the TIP is approved by the MPO or accepted by USDOT.

G.      A TIP amendment requires a new conformity determination for the entire TIP before the amendment is approved by the MPO or accepted by USDOT, unless the amendment merely adds or deletes exempt projects listed in R18-2-1434 and has been made in accordance with the notification procedures under R18-2-1405.

H.      After an MPO adopts a new or revised transportation plan, TIP conformity shall be redetermined by the MPO and USDOT within six months from the date of adoption of the plan, unless the new or revised plan merely adds or deletes exempt projects listed in R18-2-1434. Otherwise, the existing conformity determination for the TIP shall lapse.

I.        In any case, TIP conformity determinations shall be made no less frequently than every three years or the existing TIP con- formity determination shall lapse.

J.        FHWA or FTA projects shall be found to conform before they are adopted, accepted, approved, or funded. Conformity shall be redetermined for any FHWA or FTA project if none of the

Department of Environmental Quality – Air Pollution Control

following major steps has occurred within the most recent three-year period:

1.        NEPA process completion,

2.        Start of final design,

3.        Acquisition of a significant portion of the right-of-way,

4.        Approval of the plans, specifications, and estimates.

Historical Note

Adopted effective June 15, 1995 (Supp. 95-2).