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estimation techniques must be applied, unless written approval to employ modifications or
substitutions is obtained from the EPA regional administrator. These emissions estimation
techniques include motor vehicle emission models used to prepare or revise the SIP, and
emission factors for non-motor vehicle sources, databases, and models specified and approved by
the EPA. It is recommended that the Federal agency consult with State and local air quality
officials early in the conformity decision-making process to determine the appropriate criteria to
use. Consultation also will assure that the most up-to-date models, emission factors, and
population estimates are being used, as well as identify the MPOs from which to obtain any
traffic or demographic data needed for the regional significance analysis.
Additionally, the EPA encourages Federal agencies to notify State and local air quality officials
of any project that needs a conformity determination so that it can be specifically included in an
attainment demonstration or emissions budget. This is one straightforward method of
determining conformity. Other common, straightforward criteria for demonstrating conformity
are: (1) determining that the total direct and indirect emissions from the action for the future
years do not increase emissions with respect to the baseline emissions if the state does not have
an EPA approved revision to the relevant SIP attainment or maintenance demonstration since
1990; and (2) obtaining a state’s written commitment to review the SIP in the future to
accommodate the emissions from a Federal action. Conditional general conformity
determinations are not permitted under the regulations. A combination of criteria may be used to
demonstrate conformity (e.g., one criteria may be used to show conformity for ozone and another
criteria for other pollutants). If mitigation measures, in combination with emissions offsets, are
selected as the conformity criteria option, measures and offsets should result in no net increase in
emissions (i.e., it is not enough to offset emissions to the threshold levels). Emission offsets have
to occur at the same time as the emission increases for which the offsets are necessary. All
offsets must be quantifiable, consistent with the applicable SIP attainment and reasonable further
progress (RFP) demonstrations, surplus to reductions required by and credited to other applicable
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SIP provisions, enforceable at both the State and Federal levels, and permanent within the time
frame specified by the program.
5.3 Procedure
A conformity determination for an action is a Federal responsibility. No documentation or
public participation is required if an applicability analysis finds emissions are not reasonably
foreseeable, cannot be controlled and maintained by the Federal Agency, or exempt, or are below
the threshold and not regionally significant, or presumed to conform and not regionally
significant, than no conformity determination or public participation is required. It is advisable
to note any de minimis finding in the EA or EIS. For actions that require a conformity
determination, certain documentation and public participation is required. The Federal agency
must provide a 30-day notice of the Federal action and draft conformity determination to the
appropriate EPA region and State and local air control agencies. The Federal agency must make
public its draft conformity determination by placing a notice by prominent advertisement in a
daily newspaper of general circulation in the area affected by the action and by providing 30 days
for written public comment prior to taking any formal action on the draft determination. The
same requirement also applies to the final conformity determination.
5.3.1 Conformity Steps Summary
The following is a summary of the steps taken when addressing conformity.
·  Define the scope of the Federal action to include timing and location,
·  Determine if the action is in a nonattainment or maintenance area
·  Determine if the action is exempt or presumed to conform
·  Determine criteria pollutants of concern based on the attainment status of the Air Quality
Control Region,
·  Calculate emissions based on the scope,
·  Review net emission changes for threshold levels and regional significance, and
·  Determine conformity for applicable criteria pollutants.
5.3.2 Conformity and NEPA
The conformity process is separate from the NEPA process. It is up to each agency to determine
the best ways to integrate the conformity and NEPA processes. However, the conformity analysis
can be completed concurrently with the NEPA analysis, and linkage between the two is allowed.
　
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