Exempt Transportation Conformity Projects

Projects in areas designated as “attainment” or “unclassifiable” for all NAAQS are exempt from regional and hot-spot analysis. Also, projects in nonattainment and maintenance areas identified in Table 2 of 40 CFR 93.126 are exempt from all conformity analysis requirements, except in limited cases. These projects can proceed in the absence of a transportation plan and transportation Improvement program (TIP).

However, the following projects are exempt from regional but not from hot spot analysis:

Selected intersection improvements:
- Channelization
- Signalization
- Reconfiguration
Alignment changes
Truck size and weight stations
Bus terminals and transfer points

Note that under 40 CFR 93.125(c)(1)(iii), a project of the type listed in Table 2 is not exempt if, through the interagency consultation procedures, it is decided that potentially adverse emissions impacts may exist for any reason.