General Conformity - Applicability Analysis
What projects are subject to General Conformity?
- Projects located in a nonattainment or maintenance area
- Projects not funded by Title 23 or Title 49
- Federal projects - those projects whose main operations may be carried out by a different agency or private entity but for which federal approval (e.g. permit, lease) is required
- If more than one Federal agency is involved in the project, each agency must make its own determination
- If the agencies differ in their determinations, agreement must be reached before the project can proceed
If a federal project is located in a nonattainment or maintenance area, the following factors must be considered to be determine if a demonstration of conformity is required:
- Is the type of project one that is exempt or de minimis (PDF)?
- Are the emissions reasonably foreseeable and subject to practical control?
- Are the emissions below the specified de minimis threshold (e.g., 100 ton / year for CO)?
- Is the project regionally significant (10% of total emissions budget)?