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on the nature of activity that may be established in permits or approvals or by the design of the
action (indirect control). A Federal agency controlling the level of vehicle emissions by
controlling the size of the parking facility and setting requirements for employee trip reductions
is an example of one such situation. Mitigation measures in this scenario may include reducing
commuting through ride-sharing, flexible work hours, vanpooling, free transit passes, parking
surcharges, or telecommuting. The portion of emissions which are exempt or presumed to
conform under Title 40 §93.153 (c), (d), (e), or (f) are not included in the “total of direct and
indirect emissions.” Temporary emissions (e.g., project construction emissions) also must be
included in the emissions calculations for a conformity determination. However, these emissions
only have to be accounted for during the construction phase and not over the time frame of the
project.
A conformity determination is required when the annual net total of direct and indirect emissions
from a Federal action occurring in a nonattainment or maintenance area equals or exceeds the
annual threshold levels. If a Federal action’s emissions are below threshold levels, then the
action does not need a conformity determination and is presumed to conform with the applicable
SIP, as long as the action is not regionally significant (described below).
7 Caused by means emissions that would not otherwise occur in the absence of the Federal action.
Reasonably foreseeable emissions are “projected future indirect emissions that are identified at the time
the conformity determination is made; the location of such emissions is known and the emissions are
quantifiable.” Control means the ability to regulate (directly or indirectly) the emissions from the
Federal action.
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Criteria Pollutant Nonattainment Status Tons/Year
Ozone (VOCs or NOx) Serious NAAs 50
Severe NAAs 25
Extreme NAAs 10
Other ozone NAAs outside an ozone transport
region (OTR)
100
Marginal and Moderate NAAs inside an OTR:
VOC
NOx 50
100
CO All NAAs 100
SO2 All NAAs 100
NO2 All NAAs 100
PM-10 Moderate NAAs 100
Serious NAAs 70
Lead All NAAs 25
Table 3 : Threshold Levels For Nonattainment Areas (NAAs) *
Criteria Pollutant Nonattainment Status Tons/Year
Ozone (VOCs) MAs inside an ozone transport region (OTR) 50
MAs outside an OTR 100
Ozone (NOx) All MAs 100
CO All MAs 100
SO2 All MAs 100
Nox All MAs 100
PM-10 All MAs 100
Lead All MAs 25
Table 4 : Threshold Levels For Maintenance Areas (MAs)
·  Source: General Conformity Rule (40 CFR Part 93, Subpart B), effective January 31, 1994
(Reference 7).
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·  Regional Significance. If a Federal action does not exceed the threshold levels or is
presumed to conform, it may still be subject to a general conformity determination. If the
total of direct and indirect emissions of any pollutant from a Federal action represent 10
percent or more of a maintenance or non-attainment area’s total emissions of that pollutant,
the action is considered to be a “regionally significant” activity and conformity rules apply.
If an action in a nonattainment area is below the thresholds or presumed to conform and not
regionally significant, then the conformity requirements do not apply and no official
reporting is required. Parts of the overall Federal action that are exempt from conformity
requirements (e.g., emission sources covered by New Source Review) should not be included
in the analysis. The purpose of the regionally significant requirement is to capture those
Federal actions that fall below threshold levels, but have the potential to impact the air
quality of a region. It is unlikely that an airport or air base action that is presumed to
conform would be regionally significant.
5.2 Analysis
The general conformity rule requires that each Federal agency taking an action subject to this
rule must make its own conformity determination and be able to justify its application of the
conformity requirements. When a project involves multiple Federal agencies, a Federal agency
has the option of using the conformity analysis of another Federal agency, if the action and the
impacts analyzed are the same as those for the project for which a conformity determination is
required. The Federal agency must consider comments from any interested parties.
The analysis must be based on the latest planning assumptions derived from population,
employment, and travel data acquired from the local metropolitan planning organization (MPO)
in the area where the Federal action is planned to occur. The latest and most accurate emission
　
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