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# Electroniq**Code.,'Q~** 

# li'e,Q.tlfttJi!kegulations**e-(,~1l.** , ' TM



# e-CFR Data is current as of September 8, 2010

Title 40: Protection of Environment PART 93-DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL IMPLEMENTATION PLANS Subpart A-Conformity to State or FederallmDlementation Plans ofTransportation Plans Programs, and Projects Developed Funded or Approved Under Title 23 U,S,C, orthe Federal Transit Laws

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### § 93.109 Criteria and procedures for determining conformity oftransportation plans, programs, and projects:.General. (a) In order for each transportation plan, program, and FHWAIFTA project to be found to conform, the MPO and DOT must demonstrate that the applicable criteria and procedures in this subpart are satisfied, and the MPO and DOT must comply with all applicable conformity requirements of implementation plans and ofcourt orders for the area which pertain specifically to conformity. The criteria for making conformity determinations differ based on the action under review (transportation plans, TIPs, and FHWAIFTA projects), the relevant pollutant(s), and the status ofthe implementation plan, (b) Table 1 in this paragraph indicates the criteria and procedures in §§93, 110 through 93.119 which apply for transportation plans, TIPs, and FHWAIFTA projects. Paragraphs (c) through (k) ofthis section explain when the budget, interim emissions, and hot-spot tests are required for each pollutant and NAAQS. Paragraph (I) ofthis section addresses conformity requirements for areas with approved or adequate limited maintenance plans. Paragraph (m) ofthis section addresses nonattainment and maintenance areas which EPA has determined have insignificant motor vehicle emissions. Paragraph (n) ofthis section addresses isolated rural nonattainment and maintenance areas. Table 1 follows:



### Table 1-Conformity Criteria 

# I AII Actions at all times: 

# I

1

__ 

## §"'-9_3_.1_1_0 1

## Latest planning assumptions §93.111 1

## Latest emissions model §93.112 IConsultation 1

# --=-----------1

----­ Transportation Plan: 

# 1 -------1 TIP: 

# 1

Project (From a Conforming Plan and TIP):



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§93.114 ICurrently conforming plan and TIP I I §93.115 

# IProject from a conforming plan and TIP I 

## §93.116 ICO, PM 10, 

## and PM2.

# shot-spots. 

# I I I §93.117 IPM 10

## and PM2.S

## control measures I Project (Not From a Conforming Plan and TIP): 

# I 

# I §93.113(d) ITCMs I I §93.114 ICurrently conforming plan and TIP I I §93.116 ICO, PM 10, 

## and PM2.

# shot-spots. 

# I I §93.117 IPM 10

## and PM2.S

## control measures I I §93.118 and/or §93.119 

# IEm.iss.ions budget and/or Interim emiSSions I (c) 1-hourozone NAAQS nonattainmentandmaintenance areas. This paragraph applies when an area is nonattainment or maintenance for the 1-hour ozone NAAQS (i.e., until the effective date ofany revocation ofthe 1-hour ozone NAAQS for an area). In addition to the criteria listed in Table 1 in paragraph (b) ofthis section that are required to be satisfied at all times, in such ozone nonattainment and maintenance areas conformity determinations must include a demonstration that the budget and/or interim emissions tests are satisfied as described in the following: (1) In all 1-hour ozone nonattainment and maintenance areas the budget test must be satisfied as required by §93.118 for conformity determinations made on or after: (i) The effective date of EPA's finding that a motorvehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan for the 1-hourozone NAAQS is adequate for transportation conformity purposes; (ii) The publication date of EPA's approval ofsuch a budget in theFederal Register; or (iii) The effective date of EPA's approval ofsuch a budget in theFederal Register,if such approval is completed through direct final rulemaking. (2) In ozone nonattainment areas that are required to submit a control strategy implementation plan revision for the 1-hour ozone NAAQS (usually moderate and above areas), the interim emissions tests must be satisfied as required by §93.119 for conformity determinations made when there is no approved motorvehicle emissions budget from an applicable implementation plan for the 1-hour ozone NAAQS and no adequate motorvehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan for the 1-hour ozone NAAQS. (3) An ozone nonattainment area must satisfy the interim emissions test for NOx, as required by §93.119, ifthe implementation plan or plan submission that is applicable forthe purposes ofconformity determinations is a 15% plan or Phase I attainment demonstration that does not include a motor vehicle emissions budget for NOx' The implementation plan forthe 1-hour ozone NAAQS will be considered to establish a motorvehicle emissions budget for NOxifthe implementation plan or plan submission contains an explicit NOxmotorvehicle emissions budget that is intended to act as a ceiling on future NOxemissions, and the NOxmotor vehicle emissions budget is a net reduction from NOxemissions levels in 1990. (4) Ozone nonattainment areas that have not submitted a maintenance plan and that are not required to submit a control strategy implementation plan revision for the 1-hour ozone NAAQS (usually marginal and below areas) must satisfy one ofthe following requirements: (i) The interim emissions tests required by §93.119; or



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(ii) The State shall submit to EPA an implementation plan revision for the 1-hour ozone NAAQS that contains motorvehicle emissions bUdget(s) and a reasonable further progress or attainment demonstration, and the budget test required by §93.118 must be satisfied using the adequate or approved motorvehicle emissions budget(s) (as described in paragraph (c)(1) ofthis section). (5) Notwithstanding paragraphs (c)(1) and (c)(2) ofthis section, moderate and above ozone nonattainment areas with three years ofclean data for the 1-hour ozone NAAQS that have not submitted a maintenance plan and that EPA has determined are not subject to the Clean Air Act reasonable further progress and attainment demonstration requirements for the 1-hour ozone NAAQS must satisfy one of the following requirements: (i) The interim emissions tests as required by §93.119; (ii) The budget test as required by §93.118, using the adequate or approved motorvehicle emissions budgets in the submitted or applicable control strategy implementation plan for the 1-hour ozone NAAQS (subject to the timing requirements of paragraph (c)(1) ofthis section); or (iii) The budget test as required by §93.118, using the motor vehicle emissions ofozone precursors in the most recent year ofclean data as motorvehicle emissions budgets, ifsuch budgets are established by the EPA rulemaking that determines that the area has clean data forthe 1-hour ozone NAAQS. (d) 8-hourozone NAAQS nonattainmentandmaintenance areas without motor vehicle emissions budgets for the 1-hourozone NAAQS foranyportion ofthe 8-hournonattainmentarea. This paragraph applies to areas that were never designated nonattainment for the 1-hourozone NAAQS and areas that were designated nonattainment for the 1-hour ozone NAAQS but that never submitted a control strategy SIP or maintenance plan with approved or adequate motorvehicle emissions budgets. This paragraph applies 1 year after the effective date of EPA's nonattainment designation for the 8-hour ozone NAAQS for an area, according to §93.1 02(d). In addition to the criteria listed in Table 1 in paragraph (b) ofthis section that are required to be satisfied at all times, in such 8-hour ozone nonattainment and maintenance areas conformity determinations must include a demonstration that the budget and/or interim emissions tests are satisfied as described in the following: (1) In such 8-hour ozone nonattainment and maintenance areas the budget test must be satisfied as required by §93.118 for conformity determinations made on or after: (i) The effective date of EPA's finding that a motorvehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan for the 8-hour ozone NAAQS is adequate for transportation conformity purposes; (ii) The pUblication date of EPA's approval ofsuch a budget in theFederal Register; or (iii) The effective date of EPA's approval ofsuch a budget in theFederal Register,if such approval is completed through direct final rUlemaking. (2) In ozone nonattainment areas that are required to submit a control strategy implementation plan revision forthe 8-hour ozone NAAQS (usually moderate and above and certain Clean Air Act, part D, subpart 1 areas), the interim emissions tests must be satisfied as required by §93.119 for conformity determinations made when there is no approved motorvehicle emissions bUdget from an applicable implementation plan for the 8-hour ozone NAAQS and no adequate motorvehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan for the 8-hour ozone NAAQS. (3) Such an 8-hour ozone nonattainment area must satisfy the interim emissions test for NOx, as required by §93.119, ifthe implementation plan or plan submission that is applicable for the purposes of conformity determinations is a 15% plan or other control strategy SIP that addresses reasonable further progress that does not include a motorvehicle emissions bUdget for NOx. The implementation plan for the 8-hour ozone NAAQS will be considered to establish a motor vehicle emissions budget for NOxifthe implementation plan or plan submission contains an explicit NOxmotorvehicle emissions bUdget that is intended to act as a ceiling on future NOxemissions, and the NOxmotor vehicle emissions bUdget is a net reduction from NOxemissions levels in 2002. (4) Ozone nonattainment areas that have not submitted a maintenance plan and that are not required to



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submit a control strategy implementation plan revision for the 8-hour ozone NAAQS (usually marginal and certain Clean Air Act, part D, subpart 1 areas) must satisfy one ofthe following requirements: (i) The interim emissions tests required by §93.119; or (ii) The State shall submit to EPA an implementation plan revision for the 8-hour ozone NAAQS that contains motor vehicle emissions budget(s) and a reasonable further progress or attainment demonstration, and the budget test required by §93.118 must be satisfied using the adequate or approved motor vehicle emissions bUdget(s) (as described in paragraph (d)(1) ofthis section). (5) Notwithstanding paragraphs (d)(1) and (d)(2) ofthis section, ozone nonattainment areas with three years ofclean data for the 8-hour ozone NAAQS that have not submitted a maintenance plan and that EPA has determined are not sUbject to the Clean Air Act reasonable further progress and attainment demonstration requirements for the 8-hour ozone NAAQS must satisfy one ofthe following requirements: (i) The interim emissions tests as required by §93.119; (ii) The budget test as required by §93.118, using the adequate or approved motor vehicle emissions budgets in the submitted or applicable control strategy implementation plan for the 8-hour ozone NAAQS (subjectto the timing requirements of paragraph (d)(1) ofthis section); or (iii) The budgettest as required by §93.118, using the motorvehicle emissions ofozone precursors in the most recent year ofclean data as motorvehicle emissions budgets, ifsuch bUdgets are established by the EPA rulemaking that determines that the area has clean data for the 8-hour ozone NAAQS. (e) B-hourozone NAAQS nonattainmentandmaintenance areas with motor vehicle emissions budgets for the i-hourozone NAAQS that coverall ora portion ofthe B-hournonattainmentarea. This provision applies 1 year after the effective date of EPA's nonattainment designation for the 8-hour ozone NAAQS for an area, according to §93.1 02(d). In addition to the criteria listed in Table 1 in paragraph (b) ofthis section that are required to be satisfied at all times, in such 8-hour ozone nonattainment and maintenance areas conformity determinations must include a demonstration that the budget and/or interim emissions tests are satisfied as described in the following: (1) In such 8-hour ozone nonattainment and maintenance areas the budget test must be satisfied as required by §93.118 for conformity determinations made on or after: (i) The effective date of EPA's finding that a motor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan for the 8-hour ozone NAAQS is adequate for transportation conformity purposes; (ii) The pUblication date of EPA's approval ofsuch a budget in theFederal Register; or (iii) The effective date of EPA's approval of such a budget in theFederal Register,if such approval is completed through directfinal rulemaking. (2) Prior to paragraph (e)(1) ofthis section applying, the following test(s) must be satisfied: (i) Ifthe 8-hour ozone nonattainment area covers the same geographic area as the 1-hour ozone nonattainment or maintenance area(s), the budget test as required by §93.118 using the approved or adequate motorvehicle emissions budgets in the 1-hour ozone applicable implementation plan or implementation plan submission; (ii) Ifthe 8-hour ozone nonattainment area covers a smaller geographic area within the 1-hour ozone nonattainment or maintenance area(s), the budget test as required by §93.118 for either: (A) The 8-hour nonattainment area using corresponding portion(s) ofthe approved or adequate motor vehicle emissions budgets in the 1-hour ozone applicable implementation plan or implementation plan submission where such portion(s) can reasonably be identified through the interagency consultation process required by §93.105; or (6) The 1-hour nonattainment area using the approved or adequate motor vehicle emissions bUdgets in the 1-hour ozone applicable implementation plan or implementation plan submission. Ifadditional



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emissions reductions are necessary to meetthe budget test for the 8-hour ozone NAAQS in such cases, these emissions reductions must come from within the 8-hour nonattainment area; (iii) Ifthe 8-hour ozone nonattainment area covers a larger geographic area and encompasses the entire 1-hour ozone nonattainment or maintenance area(s): (A) The budget test as required by §93.118 for the portion ofthe 8-hour ozone nonattainment area covered by the approved or adequate motorvehicle emissions budgets in the 1-hour ozone applicable implementation plan or implementation plan submission; and (8) The interim emissions tests as required by §93.119 for either: the portion ofthe 8-hour ozone nonattainment area not covered by the approved or adequate budgets in the 1-hourozone implementation plan, the entire 8-hour ozone nonattainment area, or the entire portion ofthe 8-hour ozone nonattainment area within an individual state, in the case where separate 1-hour SIP budgets are established for each state ofa multi-state 1-hour nonattainment or maintenance area; (iv) Ifthe 8-hour ozone nonattainment area partially covers a 1-hour ozone nonattainment or maintenance area(s): (A) The budget test as required by §93.118 for the portion ofthe 8-hour ozone nonattainment area covered by the corresponding portion ofthe approved or adequate motorvehicle emissions budgets in the 1-hour ozone applicable implementation plan or implementation plan submission where they can be reasonably identified through the interagency consultation process required by §93.1 05; and (8) The interim emissions tests as required by §93.119, when applicable, for either: the portion ofthe 8­ hour ozone nonattainment area not covered by the approved or adequate budgets in the 1-hour ozone implementation plan, the entire 8-hour ozone nonattainment area, orthe entire portion ofthe 8-hour ozone nonattainment area within an individual state, in the case where separate 1-hour SIP budgets are established for each state in a multi-state 1-hour nonattainment or maintenance area. (3) Such an 8-hour ozone nonattainment area must satisfy the interim emissions test for NOx' as required by §93.119, ifthe only implementation plan or plan submission that is applicable for the purposes ofconformity determinations is a 15% plan or other control strategy SI P that addresses reasonable further progress that does not include a motorvehicle emissions budget for NOx' The implementation plan for the 8-hour ozone NAAQS will be considered to establish a motorvehicle emissions budget for NOxifthe implementation plan or plan submission contains an explicit NOxmotor vehicle emissions budget that is intended to act as a ceiling on future NOxemissions, and the NOxmotor vehicle emissions budget is a net reduction from NOxemissions levels in 2002. Prior to an adequate or approved NOxmotorvehicle emissions budget in the implementation plan submission for the 8-hour ozone NAAQS, the implementation plan for the 1-hour ozone NAAQS will be considered to establish a motorvehicle emissions budget for NOxifthe implementation plan contains an explicit NOxmotor vehicle emissions budget that is intended to act as a ceiling on future NOxemissions, and the NOxmotor vehicle emissions budget is a net reduction from NOxemissions levels in 1990. (4) Notwithstanding paragraphs (e)(1) and (e)(2) ofthis section, ozone nonattainment areas with three years ofclean data for the 8-hour ozone NAAQS that have not submitted a maintenance plan and that EPA has determined are not subject to the Clean AirAct reasonable further progress and attainment demonstration requirements forthe 8-hour ozone NAAQS must satisfy one ofthe following requirements: (i) The bUdget test and/or interim emissions tests as required by §§93.118 and 93.119 and as described in paragraph (e)(2) ofthis section; (ii) The budget test as required by §93.118, using the adequate or approved motor vehicle emissions budgets in the submitted or applicable control strategy implementation plan for the 8-hour ozone NAAQS (subject to the timing requirements of paragraph (e)(1) ofthis section); or (iii) The budget test as required by §93.118, using the motor vehicle emissions ofozone precursors in the most recent year ofclean data as motorvehicle emissions budgets, ifsuch budgets are established by the EPA rulemaking that determines that the area has clean data for the 8-hour ozone NAAQS.



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(f) 

# co nonattainmentandmaintenance areas. In addition to the criteria listed in Table 1 in paragraph (b) ofthis section that are required to be satisfied at all times, in CO nonattainment and maintenance areas conformity determinations must include a demonstration that the hot-spot, budget and/or interim emissions tests are satisfied as described in the following: (1) FHWAIFTA projects in CO nonattainment or maintenance areas must satisfy the hot spot test required by §93.116(a) at all times. Until a CO attainment demonstration or maintenance plan is approved by EPA, FHWAIFTA projects must also satisfy the hot spot test required by §93.116(b). (2) In CO nonattainment and maintenance areas the budget test must be satisfied as required by §93.118 for conformity determinations made on or after: (i) The effective date of EPA's finding that a motorvehicle emissions bUdget in a submitted control strategy implementation plan revision or maintenance plan is adequate for transportation conformity purposes; (ii) The publication date of EPA's approval ofsuch a budget in theFederal Register; or (iii) The effective date of EPA's approval ofsuch a budget in theFederal Register,if such approval is completed through direct final rulemaking. (3) Except as provided in paragraph (f)(4) ofthis section, in CO nonattainment areas the interim emissions tests must be satisfied as required by §93.119 for conformity determinations made when there is no approved motor vehicle emissions budget from an applicable implementation plan and no adequate motorvehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan. (4) CO nonattainment areas that have not submitted a maintenance plan and that are not required to submit an attainment demonstration (e.g., moderate CO areas with a design value of 12.7 ppm or less or not classified CO areas) must satisfy one ofthe following requirements: (i) The interim emissions tests required by §93.119; or (ii) The State shall submit to EPA an implementation plan revision that contains motor vehicle emissions bUdget(s) and an attainment demonstration, and the budget test required by §93.118 must be satisfied using the adequate or approved motorvehicle emissions budget(s) (as described in paragraph (f)(2) of this section). (g) 

### PM 10 

### nonattainmentandmaintenance areas. In addition to the criteria listed in Table 1 in paragraph (b) of this section that are required to be satisfied at all times, in PM1Qnonattainment and maintenance areas conformity determinations must include a demonstration that the hot-spot, bUdget and/or interim emissions tests are satisfied as described in the following: (1) FHWAIFTA projects in PM1Qnonattainment or maintenance areas must satisfy the hot spot test required by §93.116(a). (2) In PM 10nonattainment and maintenance areas where a budget is submitted for the 24-hour PM1QNAAQS, the budget test must be satisfied as required by §93.118 for conformity determinations made on or after: (i) The effective date of EPA's finding that a motorvehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan is adequate for transportation conformity purposes; (ii) The publication date of EPA's approval ofsuch a budget in theFederal Register; or (iii) The effective date of EPA's approval ofsuch a budget in theFederal Register,if such approval is completed through direct final rulemaking. (3) Prior to paragraph (g)(2) ofthis section applying, the budget test must be satisfied as required by §93.118 using the approved or adequate motorvehicle emissions budget established for the revoked



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annual PM1QNAAQS, if such a budget exists. (4) In PM1Qnonattainment areas the interim emissions tests must be satisfied as required by §93.119 for conformity determinations made: (i) Ifthere is no approved motorvehicle emissions budget from an applicable implementation plan and no adequate motor vehicle emissions bUdget from a submitted control strategy implementation plan revision or maintenance plan; or (ii) Ifthe submitted implementation plan revision is a demonstration of impracticability under CAA section 189(a)(1)(8)(ii) and does not demonstrate attainment. (h) NO 2 nonattainmentandmaintenance areas. In addition to the criteria listed in Table 1 in paragraph (b) ofthis section that are required to be satisfied at all times, in N02nonattainment and maintenance areas conformity determinations must include a demonstration that the budget and/or interim emissions tests are satisfied as described in the following: (1) In N02nonattainment and maintenance areas the budget test must be satisfied as required by §93.118 for conformity determinations made on or after: (i) The effective date of EPA's finding that a motorvehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan is adequate for transportation conformity purposes; (ii) The publication date of EPA's approval of such a budget in theFederal Register; or (iii) The effective date of EPA's approval of such a bUdget in theFederal Register,if such approval is completed through direct final rulemaking. (2) In N02nonattainment areas the interim emissions tests must be satisfied as required by §93.119 for conformity determinations made when there is no approved motor vehicle emissions budget from an applicable implementation plan and no adequate motorvehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan. (i) 1997

### PM 2.5 NAAQS nonattainmentandmaintenance areas. In addition to the criteria listed in Table 1 in paragraph (b) ofthis section that are required to be satisfied at all times, in such 1997 PM2.Snonattainment and maintenance areas conformity determinations must include a demonstration that the budget and/or interim emissions tests are satisfied as described in the following: (1) FHWAIFTA projects in such 1997 PM2.Snonattainment or maintenance areas must satisfy the appropriate hot-spot test required by §93.116(a). (2) In such 1997 PM2.Snonattainment and maintenance areas the budget test must be satisfied as required by §93.118 for conformity determinations made on or after: (i) The effective date of EPA's finding that a motor vehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan is adequate for transportation conformity purposes; (ii) The publication date of EPA's approval of such a budget in theFederal Register; or (iii) The effective date of EPA's approval of such a budget in theFederal Register,if such approval is completed through direct final rulemaking. (3) In such 1997 PM2.Snonattainment areas the interim emissions tests must be satisfied as required by §93.119 for conformity determinations made ifthere is no approved motor vehicle emissions budget from an applicable implementation plan and no adequate motor vehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan.



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# m

2006 PM2.5 NAAQS nonattainmentandmaintenance areas without 1997 PM2.5 NAAQS motor vehicle emissions budgets foranyportion ofthe 2006 PM2.5 NAAQS area. In addition to the criteria listed in Table 1 in paragraph (b) ofthis section that are required to be satisfied at all times, in such 2006 PM2.Snonattainment and maintenance areas conformity determinations must include a demonstration that the budget and/or interim emissions tests are satisfied as described in the folloWing: (1) FHWAIFTA projects in such PM2.Snonattainment and maintenance areas must satisfy the appropriate hot-spot test required by §93.116(a). (2) In such PM2.Snonattainment and maintenance areas the budget test must be satisfied as required by §93.118 for conformity determinations made on or after: (i) The effective date of EPA's finding that a motorvehicle emissions bUdget in a submitted control strategy implementation plan revision or maintenance plan for the 2006 PM2.

## sNAAQS is adequate for transportation conformity purposes; (ii) The publication date of EPA's approval ofsuch a budget in theFederal Register;or (iii) The effective date of EPA's approval of such a budget in theFederal Register, if such approval is completed through directfinal rulemaking. (3) In such PM2.Snonattainment areas the interim emissions tests must be satisfied as required by §93.119 for conformity determinations made ifthere is no approved motor vehicle emissions budget from an applicable implementation plan for the 2006 PM2.

## sNAAQS and no adequate motorvehicle emissions budget from a submitted control strategy implementation plan revision or maintenance plan for the 2006 PM2.

## sNAAQS. (k) 2006 PM2.5 NAAQS nonattainmentandmaintenance areas with motorvehicle emissions budgets for the 1997PM2.5 NAAQS that coveralloraportion ofthe 2006 PM 2.5 nonattainmentarea. In addition to the criteria listed in Table 1 in paragraph (b) ofthis section that are required to be satisfied at all times, in such 2006 PM2.Snonattainment and maintenance areas conformity determinations must include a demonstration that the bUdget and/or interim emissions tests are satisfied as described in the following: (1) FHWAIFTA projects in such PM2.Snonattainment and maintenance areas must satisfy the appropriate hot-spottest required by §93.116(a). (2) In such PM2.Snonattainment and maintenance areas the budget test must be satisfied as required by §93.118 for conformity determinations made on or after: (i) The effective date of EPA's finding that a motorvehicle emissions budget in a submitted control strategy implementation plan revision or maintenance plan for the 2006 PM2. NAAQS is adequate for s transportation conformity purposes; (ii) The publication date of EPA's approval ofsuch a budget in theFederal Register;or (iii) The effective date of EPA's approval ofsuch a budget in theFederal Register,if such approval is completed through direct final rUlemaking. (3) Prior to paragraph (k)(2) ofthis section applying, the following test(s) must be satisfied: (i) Ifthe 2006 PM2.Snonattainment area covers the same geographic area as the 1997 PM2.Snonattainment or maintenance area(s), the budget test as required by §93.118 using the approved or adequate motorvehicle emissions budgets in the 1997 PM2.Sapplicable implementation plan or implementation plan submission; (ii) Ifthe 2006 PM2.Snonattainment area covers a smaller geographic area within the 1997 PM2Snonattainment or maintenance area(s), the budget test as required by §93.118 for either:



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(A) The 2006 PM nonattainment area using corresponding portion(s) ofthe approved or adequate 2.5 motor vehicle emissions budgets in the 1997 PM2.5applicable implementation plan or implementation plan submission where such portion(s) can reasonably be identified through the interagency consultation process required by §93.1 05; or (8) The 1997 PM2.5nonattainment area using the approved or adequate motor vehicle emissions budgets in the 1997 PM applicable implementation plan or implementation plan submission. If 2.5 additional emissions reductions are necessary to meet the budget test for the 2006 PM2.5NAAQS in such cases, these emissions reductions must come from within the 2006 PM25nonattainment area; (iii) Ifthe 2006 PM2.5nonattainment area covers a larger geographic area and encompasses the entire 1997 PM25nonattainment or maintenance area(s): (A) The budget test as required by §93.118 forthe portion ofthe 2006 PM2.5nonattainment area covered by the approved or adequate motorvehicle emissions budgets in the 1997 PM25applicabie implementation plan or implementation plan submission; and the interim emissions tests as required by §93.119 for either: the portion ofthe 2006 PM2.5nonattainment area not covered by the approved or adequate budgets in the 1997 PM2.5implementation plan, the entire 2006 PM2.5nonattainment area, or the entire portion ofthe 2006 PM25nonattainment area within an individual state, in the case where separate 1997 PM2.5SIP budgets are established for each state ofa multi-state 1997 PM2.5nonattainment or maintenance area; or (8) The budget test as required by §93.118 for the entire 2006 PM2.5nonattainment area using the approved or adequate motor vehicle emissions budgets in the applicable 1997 PM2.5implementation plan or implementation plan submission. (iv) Ifthe 2006 PM2.5nonattainment area partially covers a 1997 PM25nonattainment or maintenance area(s): (A) The bUdget test as required by §93.118 for the portion ofthe 2006 PM2.5nonattainment area covered by the corresponding portion ofthe approved oradequate motorvehicle emissions budgets in the 1997 PM2.5applicable implementation plan or implementation plan submission where they can be reasonably identified through the interagency consultation process required by §93.105; and (8) The interim emissions tests as required by §93.119, when applicable, for either: The portion ofthe 2006 PM25nonattainment area not covered by the approved or adequate budgets in the 1997 PM2.5implementation plan, the entire 2006 PM2.5nonattainment area, orthe entire portion ofthe 2006 PM2.5nonattainment area within an individual state, in the case where separate 1997 PM2.5SIP budgets are established for each state in a multi-state 1997 PM2.5nonattainment or maintenance area. (I) Areas with limited maintenance plans. Notwithstanding the other paragraphs ofthis section, an area is not required to satisfy the regional emissions analysis for §93.118 andlor §93.119 for a given pollutant and NAAQS, ifthe area has an adequate or approved limited maintenance plan for such pollutant and NAAQS. A limited maintenance plan would have to demonstrate that it would be unreasonable to expect that such an area would experience enough motor vehicle emissions growth for a NAAQS violation to occur. A conformity determination that meets other applicable criteria in Table 1 of paragraph (b) ofthis section is still required, including the hot-spot requirements for projects in CO, PM 10, and PM2.5areas. (m) Areas with insignificantmotor vehicle emissions. Notwithstanding the other paragraphs in this section, an area is not required to satisfy a regional emissions analysis for §93.118 andlor §93.119 for a given pollutanUprecursor and NAAQS, if EPA finds through the adequacy or approval process that a SIP demonstrates that regional motorvehicle emissions are an insignificant contributorto the air quality problem forthat poliutanUprecursor and NAAQS. The Sl P would have to demonstrate that itwould be unreasonable to expectthat such an area would experience enough motorvehicle emissions growth in that pollutanUprecursor for a NAAQS violation to occur. Such a finding would be based on a number of factors, including the percentage of motorvehicle emissions in the context ofthe total SIP inventory, the current state ofair quality as determined by monitoring data for that NAAQS, the absence of SI P motor vehicle control measures, and historical trends and future projections ofthe growth of motorvehicle



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emissions. A conformity determination that meets other applicable criteria in Table 1of paragraph (b) of this section is still required, including regional emissions analyses for §93.118 and/or §93.119 for other pollutants/precursors and NAAQS that apply. Hot-spot requirements for projects in CO, PM1Q' and PM2Sareas in §93.116 must also be satisfied, unless EPA determines that the SIP also demonstrates that projects will not create new localized violations and/or increase the severity or number ofexisting violations ofsuch NAAQS. If EPA subsequently finds that motor vehicle emissions of a given pollutant/precursor are significant, this paragraph would no longer apply for future conformity determinations for that pollutant/precursor and NAAQS. (n) Isolated rural nonattainmentandmaintenance areas. This paragraph applies to any nonattainment or maintenance area (or portion thereof) which does not have a metropolitan transportation plan or TIP and whose projects are not part ofthe emissions analysis ofany MPO's metropolitan transportation plan or TIP. This paragraph does not apply to "donut" areas which are outside the metropolitan planning boundary and inside the nonattainment/maintenance area boundary. (1) FHWAIFTA projects in all isolated rural nonattainment and maintenance areas must satisfy the requirements of §§93.110, 93.111, 93.112, 93.113(d), 93.116, and 93.117. Until EPA approves the control strategy implementation plan or maintenance plan for a rural CO nonattainment or maintenance area, FHWAIFTA projects must also satisfy the requirements of §93.116(b) ("Localized CO, PM 10• and PM2Svioiations (hot spots)"). (2) Isolated rural nonattainment and maintenance areas are subject to the budget and/or interim emissions tests as described in paragraphs (c) through (m) ofthis section, with the following modifications: (i) When the requirements of §§93.1 06(d), 93.116, 93.118, and 93.119 apply to isolated rural nonattainment and maintenance areas, references to "transportation plan" or "TIP" should be taken to mean those projects in the statewide transportation plan or statewide TIP which are in the rural nonattainment or maintenance area. When the requirements of §93.1 06(d) apply to isolated rural nonattainment and maintenance areas, references to "MPO" should be taken to mean the state department oftransportation. (ii) In isolated rural nonattainment and maintenance areas that are subject to §93.118, FHWAIFTA projects must be consistent with motorvehicle emissions budget(s) for the years in the timeframe ofthe attainment demonstration or maintenance plan. For years after the attainment year (if a maintenance plan has not been submitted) or after the lastyear ofthe maintenance plan, FHWAIFTA projects must satisfy one ofthe following requirements: (A) §93.118; (8) §93.119 (including regional emissions analysis for NOxin all ozone nonattainment and maintenance areas, notwithstanding §93.119(f)(2»; or (C) As demonstrated by the air quality dispersion model or other air quality modeling technique used in the attainment demonstration or maintenance plan, the FHWAIFTA project, in combination with all other regionally significant projects expected in the area in the timeframe ofthe statewide transportation plan, must not cause or contribute to any new violation ofany standard in any areas; increase the frequency or severity ofany existing violation ofany standard in any area; or delay timely attainment ofany standard or any required interim emission reductions or other milestones in any area. Control measures assumed in the analysis must be enforceable. (iii) The choice of requirements in paragraph (n)(2)(ii) ofthis section and the methodology used to meet the requirements of paragraph (n)(2)(ii)(C) ofthis section must be determined through the interagency consultation process required in §93.1 05(c)(1)(vii) through which the relevant recipients oftitle 23 U.S.C. or Federal Transit Laws funds, the local air quality agency, the State air quality agency, and the State department oftransportation should reach consensus about the option and methodology selected. EPA and DOT must be consulted through this process as well. In the event of unresolved disputes, conflicts may be escalated to the Governor consistent with the procedure in §93.1 05(d), which applies for any State air agency comments on a conformity determination. [62 FR 43801, Aug. 15, 1997, as amended at 69 FR 40093, July 1, 2004; 71 FR 12510, Mar. 10, 2006; 73 FR 4440, Jan. 24, 2008; 75 FR 14284, Mar. 24, 2010]



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