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complexes, etc., or transportation terminals as well as most terminals themselves) AND would
normally be included in the modeling of a metropolitan area’s transportation network, including
at a minimum all principal arterial highways and all fixed guideway transit facilities that offer an
alternative to regional highway travel. Projects of regional significance, REGARDLESS OF
FUNDING SOURCE, must comply with Section 51.450.
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A transportation conformity determination is also required where a Metropolitan Planning
Organization (MPO) is involved in the development, funding, or approval of a transportation
plan, program, or project. An MPO is an organization designated as being responsible, together
with the State, for conducting and continuing , cooperative, and comprehensive planning process
under 23 U.S.C. 134 and 49 U.S.C. 1607.
Although neither the FAA nor the USAF are directly responsible for assessing Transportation
Conformity, there are coordination requirements concerning off-site impacts of motor vehicles
and conformity determinations for local and regional planning. Since Transportation Conformity
ultimately is not the FAA’s nor the USAF’s responsibility, it only is discussed briefly in this
handbook, (See Section five).
General conformity applies to all other actions in non-attainment or maintenance areas not
specifically covered by transportation conformity. To determine whether general conformity
requirements apply to an action, the agency in charge must consider the nonattainment and
maintenance status of the area, the exemptions from and presumptions to conformity, the
project’s emissions, and the regional significance of the project’s emissions. The current
conformity rule only applies to actions located in nonattainment and maintenance areas.
Subsequently, when evaluating conformity applicability, the first question is whether the action
is located in an area this is in nonattainment or maintenance for any of the six criteria pollutants
found at 40 C.F.R. Section 51.853 (b) (1) & (2) [93.153 (b) (1) & (2)]. The second step is to
determine whether the proposed action falls under an exemption or presumption of conformity as
identified in the regulations. A conformity determination is not required where a federal action
is exempt from the requirements. A conformity determination is not required for a federal action
that is presumed to conform ONLY where said action is also not “regionally significant” 40
C.F.R. Section 51.853 (j) [93.153 (j)]. If the federal action is neither presumed to conform nor
exempt, then the agency must determine whether for each pollutant the total direct and indirect
emissions in a nonattainment area caused by the federal action is equal or exceeds any threshold
emission levels (rates) identified in 40 C.F.R. Section 51.853 (b) (1) or (2) [93.153.(b) (1) &
(2)]. A conformity determination is not required where the air pollutant emissions of a federal
action do not equal or exceed the threshold emission levels but only when said action is also not
regionally significant. 40 C.F.R. Section 51.853 (I) [93.153 (i)] (defined below). However, it is
assumed that a conformity assessment is not required for an airport or air base action that is
presumed to conform since it is unlikely that the emission levels would be regionally significant.
The general conformity threshold emission levels are based on the proposed project’s net annual
emissions (proposed federal action emission levels minus the no action emission levels), which is
the sum of direct (including construction) and indirect emissions. Similar to indirect source
requirements, the conformity regulations limit the inclusion of indirect emissions to those that
“are caused by the federal action, but may occur later in time and/or may be farther removed in
distance from the action itself but are still reasonably foreseeable” and “the federal agency can
practicably control and will maintain to control over due to a continuing program responsibility
of the Federal agency” 40 C.F.R. Section 51.853 [93.152].
Lastly, even if a Federal action does not exceed the threshold emission levels, it still is subject to
a general conformity determination if it is regionally significant3. The Federal action is
considered “regionally significant” if the total of direct and indirect emissions of any pollutant
from a Federal action represents 10% or more of a maintenance or nonattainment area’s total
emissions of that pollutant. An action that is “regionally significant” must meet the requirements
3 It is unlikely that an airport or air base action that does not exceed the threshold emission levels would be
　
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