[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR93.102]

[Page 548-549]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 93--DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL 
IMPLEMENTATION PLANS--Table of Contents
 
   Subpart A--Conformity to State or Federal Implementation Plans of 
   Transportation Plans, Programs, and Projects Developed, Funded or 
       Approved Under Title 23 U.S.C. or the Federal Transit Laws
 
Sec. 93.102  Applicability.

    (a) Action applicability.
    (1) Except as provided for in paragraph (c) of this section or 
Sec. 93.126, conformity determinations are required for:
    (i) The adoption, acceptance, approval or support of transportation 
plans and transportation plan amendments developed pursuant to 23 CFR 
part 450 or 49 CFR part 613 by an MPO or DOT;
    (ii) The adoption, acceptance, approval or support of TIPs and TIP 
amendments developed pursuant to 23 CFR part 450 or 49 CFR part 613 by 
an MPO or DOT; and
    (iii) The approval, funding, or implementation of FHWA/FTA projects.
    (2) Conformity determinations are not required under this subpart 
for individual projects which are not FHWA/FTA projects. However, 
Sec. 93.121 applies to such projects if they are regionally significant.
    (b) Geographic applicability. The provisions of this subpart shall 
apply in all nonattainment and maintenance areas for transportation-
related criteria pollutants for which the area is designated 
nonattainment or has a maintenance plan.
    (1) The provisions of this subpart apply with respect to emissions 
of the following criteria pollutants: ozone, carbon monoxide (CO), 
nitrogen dioxide (NO2), and particles with an aerodynamic 
diameter less than or equal to a nominal 10 micrometers 
(PM10).
    (2) The provisions of this subpart apply with respect to emissions 
of the following precursor pollutants:
    (i) Volatile organic compounds (VOC) and nitrogen oxides 
(NOX) in ozone areas;
    (ii) NOX in NO2 areas; and
    (iii) VOC, NOX, and PM10 in PM10 
areas if the EPA Regional Administrator or the director of the State air 
agency has made a finding that transportation-related precursor 
emissions within the nonattainment area are a significant contributor to 
the PM10 nonattainment problem and has so notified the MPO 
and DOT, or if the applicable implementation plan (or implementation 
plan submission) establishes a budget for such emissions as part of the 
reasonable further progress, attainment or maintenance strategy.
    (3) The provisions of this subpart apply to maintenance areas for 20 
years from the date EPA approves the area's request under section 107(d) 
of the CAA for redesignation to attainment, unless the applicable 
implementation plan specifies that the provisions of this subpart shall 
apply for more than 20 years.
    (c) Limitations. (1) Projects subject to this subpart for which the 
NEPA process and a conformity determination have been completed by DOT 
may proceed toward implementation without further conformity 
determinations unless more than three years have elapsed since the most 
recent major step (NEPA process completion; start of final design; 
acquisition of a significant portion of the right-of-way; or approval of 
the plans, specifications and estimates) occurred. All phases of such 
projects which were considered in the

[[Page 549]]

conformity determination are also included, if those phases were for the 
purpose of funding final design, right-of-way acquisition, construction, 
or any combination of these phases.
    (2) A new conformity determination for the project will be required 
if there is a significant change in project design concept and scope, if 
a supplemental environmental document for air quality purposes is 
initiated, or if three years have elapsed since the most recent major 
step to advance the project occurred.
    (d) Grace period for new nonattainment areas. For areas or portions 
of areas which have been continuously designated attainment or not 
designated for any standard for ozone, CO, PM10 or 
NO2 since 1990 and are subsequently redesignated to 
nonattainment or designated nonattainment for any standard for any of 
these pollutants, the provisions of this subpart shall not apply with 
respect to that standard for 12 months following the effective date of 
final designation to nonattainment for each standard for such pollutant.

[62 FR 43801, Aug. 15, 1997, as amended at 65 FR 18918, Apr. 10, 2000; 
67 FR 50817, Aug. 6, 2002]