Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 255 - GENERAL CONFORMITY: CRITERIA AND PROCEDURES › Section 255.220 - Criteria for Determining Conformity of General Federal Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) An action
			 required under Section
			 255.120(b)(1) and
			 (2) of this Part to have a conformity
			 determination for a specific pollutant will be determined to conform to the
			 applicable SIP if, for each pollutant that exceeds the rates in Section
			 255.120(b)(1) and
			 (2) of this Part, or otherwise requires a
			 conformity determination due to the total of direct and indirect emissions from
			 the action, the action meets the requirements of subsection (c) of this
			 Section, and meets any of the following requirements:
1) For any criteria pollutant, the total of
			 direct and indirect emissions from the action are specifically identified and
			 accounted for in the applicable SIP's attainment or maintenance
			 demonstration;
2) For ozone or
			 nitrogen dioxide, the total of direct and indirect emissions from the action
			 are fully offset within the same nonattainment or maintenance area through a
			 revision to the applicable SIP or a similarly enforceable measure that effects
			 emission reductions so that there is no net increase in emissions of that
			 pollutant;
3) For any criteria
			 pollutant, except ozone and nitrogen dioxide, the total of direct and indirect
			 emissions from the action meets the requirements specified in:
A) Subsection (b) of this Section, based on
			 areawide air quality modeling analysis and local air quality modeling analysis;
			 or
B) Subsection (a)(5) of this
			 Section and, for local air quality modeling analysis, the requirement of
			 subsection (b) of this Section;
4) For CO or PM-10:
A) Where the IEPA advises that an areawide
			 air quality modeling analysis is not needed, the total of direct and indirect
			 emissions from the action meets the requirements specified in subsection (b) of
			 this Section, based on local air quality modeling analysis; or
B) Where the IEPA advises that an areawide
			 air quality modeling analysis is appropriate and that a local air quality
			 modeling analysis is not needed, the total of direct and indirect emissions
			 from the action meets the requirements specified in subsection (b) of this
			 Section, based on areawide modeling, or meets the requirements of subsection
			 (a)(5) of this Section; or
5) For ozone or nitrogen dioxide, and for
			 purposes of subsections (a)(3)(B) and (a)(4)(B) of this Section, each portion
			 of the action or the action as a whole meets any of the following requirements:
A) Where USEPA has approved a revision to an
			 area's attainment or maintenance demonstration after 1990 and IEPA makes a
			 determination as provided in subsection (a)(5)(A)(i) of this Section or where
			 the State makes a commitment as provided in subsection (a)(5)(A)(ii) of this
			 Section:
i) The total of direct and indirect
			 emissions from the action (or portion thereof) is determined and documented by
			 IEPA to result in a level of emissions which, together with all other emissions
			 in the nonattainment (or maintenance) area, would not exceed the emissions
			 budgets specified in the applicable SIP;
ii) The total of direct and indirect
			 emissions from the action (or portion thereof) is determined by IEPA to result
			 in a level of emissions which, together with all other emissions in the
			 nonattainment (or maintenance) area, would exceed an emissions budget specified
			 in the applicable SIP and the Director of IEPA makes a written commitment to
			 USEPA which includes the following:
a schedule for adoption and submittal of a revision to the SIP
				which would achieve the needed emission reductions prior to the time emissions
				from the Federal action would occur;
identification of measures for incorporation into the SIP which
				would result in a level of emissions which, together with all other emissions
				in the nonattainment or maintenance area, would not exceed any emissions budget
				specified in the applicable SIP;
a demonstration that all existing applicable SIP requirements
				are being implemented in the area for the pollutants affected by the Federal
				action, and that local authority to implement additional requirements has been
				fully pursued;
a determination that the responsible Federal agencies have
				required all reasonable mitigation measures associated with their action;
				and
written documentation including all air quality analyses
				supporting the conformity determination;
B) The action (or portion thereof), as
			 determined by the MPO, is specifically included in a current transportation
			 plan and transportation improvement program which have been found to conform to
			 the applicable SIP;
C) The action
			 (or portion thereof) fully offsets its emissions within the same nonattainment
			 or maintenance area through a revision to the applicable SIP or an equally
			 enforceable measure that effects emission reductions equal to or greater than
			 the total of direct and indirect emissions from the action so that there is no
			 net increase in emissions of that pollutant;
D) Where USEPA has not approved a revision to
			 the relevant SIP attainment or maintenance demonstration since 1990, the total
			 of direct and indirect emissions from the action for the future years
			 (described in Section
			 255.230
			 of this Part) do not increase emissions with respect to the baseline emissions:
i) The baseline emissions reflect the
			 historical activity levels that occurred in the geographic area affected by the
			 proposed Federal action during: calendar year 1990;
the calendar year that is the basis for the classification (or,
				where the classification is based on multiple years, the most representative
				year), if a classification is promulgated in 40 CFR 81, incorporated by
				reference in Section
				255.160
				of this Part; or the year of the baseline inventory in the PM-10 applicable
				SIP;
ii) The baseline
			 emissions are the total of direct and indirect emissions calculated for the
			 future years (described in Section
			 255.230(d)
			 of this Part using the historic activity levels (described in subsection
			 (a)(5)(D)(i) of this Section) and appropriate emission factors for the future
			 years; or
E) Where the
			 action involves regional water and/or wastewater projects, such projects are
			 sized to meet only the needs of population projections that are in the
			 applicable SIP.