Current through Register Vol. 48, No. 12, March 22, 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.
b) The areawide and/or local air quality
modeling analyses must:
1) Meet the
requirements in Section
255.230
of this Part; and
2) Show that the
action does not:
A) Cause or contribute to any
new violation of any standard in any area; or
B) Increase the frequency or severity of any
existing violation of any standard in any area.
c) Notwithstanding any other requirements of
this Section, an action subject to this Part may not be determined to conform
to the applicable SIP unless the total of direct and indirect emissions from
the action is in compliance or consistent with all relevant requirements and
milestones contained in the applicable SIP, such as elements identified as part
of the reasonable further progress schedules, assumptions specified in the
attainment or maintenance demonstration, prohibitions, numerical emission
limits, and work practice requirements.
d) Any analyses required under this Section
must be completed, and any mitigation requirements necessary for a finding of
conformity must be identified, before the determination of conformity is
made.