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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

Demonstrating Conformity

If a federal project is located in a nonattainment or maintenance area, the following factors must be considered to 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)?

Note: Before preparing an applicability analysis to determine if your project exceeds the de minimis thresholds; contact Cindy Heil at ADEC 907-269-7579 so that an interagency consultation can be conducted to determine which procedures and factors need to be addressed in the analysis.

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