Current through Register Vol. 41, No. 3, September 23, 2024
A. The provisions
of this chapter shall apply to the following actions:
1. Except as provided for in subsection C of
this section or
40 CFR 93.126,
conformity determinations are required for:
a.
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 a MPO or USDOT;
b. The
adoption, acceptance, approval or support of TIPs and TIP amendments developed
pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a MPO or USDOT; and
c. The approval, funding, or implementation
of FHWA/FTA projects.
2.
Conformity determinations are not required under this chapter for individual
projects that are not FHWA/FTA projects. However,
40
CFR 93.121 applies to the projects if they
are regionally significant.
3. This
chapter shall apply to conformity determinations for which the final decision
is made on or after the program approval date. For purposes of applying this
subdivision, the program approval date of the regulation adopted by the board
on March 26, 2007, shall be the date 30 days after the date on which a notice
is published in the Virginia Register acknowledging that the administrator has
approved the regulation adopted by the board on March 26,
2007.
B. The provisions
of this chapter 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 chapter apply with respect to emissions of the following
criteria pollutants: ozone, carbon monoxide (CO), nitrogen dioxide
(NO2), particles with an aerodynamic diameter less than
or equal to a nominal 10 micrometers (PM10); and
particles with an aerodynamic diameter less than or equal to a nominal 2.5
micrometers (PM2.5).
2. The provisions of this chapter also apply
with respect to emissions of the following precursor pollutants:
a. Volatile organic compounds (VOCs) and
nitrogen oxides (NOX) in ozone areas;
b. NOX in nitrogen
dioxide areas;
c. VOCs or
NOX or both, in PM10 areas:
(1) If the EPA Regional Administrator or the
DEQ Director has made a finding that transportation-related emissions of one or
both of these precursors within the nonattainment area are a significant
contributor to the PM10 nonattainment problem and has so
notified the MPO and USDOT; or
(2)
If the applicable implementation plan (or implementation plan submission)
establishes an approved (or adequate) budget for such emissions as part of the
reasonable further progress, attainment or maintenance
strategy;
d.
NOX in PM2.5 areas:
(1) Unless both the EPA Regional
Administrator and the DEQ Director have made a finding that
transportation-related emissions of NOX within the
nonattainment area are not a significant contributor to the
PM2.5 nonattainment problem and have so notified the MPO
and USDOT; or
(2) The applicable
implementation plan (or implementation plan submission) does not establish an
approved (or adequate) budget for such emissions as part of the reasonable
further progress, attainment or maintenance strategy; and
e. VOC, sulfur dioxide
(S02) and/or ammonia (NH3) in
PM2.5 areas either:
(1)
If the EPA Regional Administrator or the DEQ Director has made a finding that
transportation-related emissions of any of these precursors within the
nonattainment area are a significant contributor to the
PM2.5 nonattainment problem and has so notified the MPO
and USDOT; or
(2) If the applicable
implementation plan (or implementation plan submission) establishes an approved
(or adequate) budget for such emissions as part of the reasonable further
progress, attainment or maintenance strategy.
3. The provisions of this chapter apply to
PM2.5 nonattainment and maintenance areas with respect
to PM2.5 from re-entrained road dust if the EPA Regional
Administrator or the DEQ Director has made a finding that re-entrained road
dust emissions within the area are a significant contributor to the
PM2.5 nonattainment problem and has so notified the MPO
and USDOT, or if the applicable implementation plan (or implementation plan
submission) includes re-entrained road dust in the approved (or adequate)
budget as part of the reasonable further progress, attainment or maintenance
strategy. Re-entrained road dust emissions are produced by travel on paved and
unpaved roads (including emissions from anti-skid and deicing
materials).
4. The provisions of
this chapter apply to maintenance areas through the last year of the area's
maintenance plan approved under § 175A(b) of the federal Clean Air Act,
unless the applicable implementation plan specifies that the provisions of this
chapter shall apply for more than 20 years.
C. In order to receive any FHWA/FTA approved
or funding actions, including NEPA approvals, for a project phase subject to
this chapter, a currently conforming transportation plan and TIP must be in
place at the time of project approval as described in
40
CFR 93.114, except as provided by
40
CFR 93.114(b).
D. For areas or portions of areas that have
been continuously designated attainment or not designated for any National
Ambient Air Quality Standard for ozone, CO, PM10,
PM2.5 or NO2 since 1990 and are
subsequently redesignated to nonattainment or designated nonattainment for any
National Ambient Air Quality Standard for any of these pollutants, the
provisions of this chapter shall not apply with respect to that National
Ambient Air Quality Standard for 12 months following the effective date of
final designation to nonattainment for each National Ambient Air Quality
Standard for such pollutant.
Statutory Authority: §
10.1-1308 of the Code
of Virginia; §§ 110 and 182 of the Clean Air Act; 40 CFR Part
51.
