General Conformity Training Module 2.4: Reporting and Public Particiaption

When a Federal agency prepares a General Conformity demonstration and must make a conformity determination, the Federal agency must complete all the requirements for reporting the documents to State, local, and Regional air quality offices, and Tribal government offices, and complete the requirements for public participation:

2.4.1 Reporting responsibilities: The Federal agency must provide copies of the draft demonstration and draft determination to the following offices, which will be provided at least 30 days to review:

2.4.1.1 State and local air quality offices or Tribal government offices responsible for the applicable implementation plan (AIP) specified for the affected nonattainment or maintenance area;

2.4.1.2 The EPA Regional offices associated with the State or Tribe affected. The list of EPA’s Regional Offices is available on the General Conformity website under "Contact Us." If a Federal action would affect three or more EPA Regions, then the Federal agency can coordinate the review through EPA’s Office of State Air Partnerships (OSAP);

2.4.1.3 The local Metropolitan Planning Organization (MPO), where the specific contact can be identified by contacting the State or local air quality agency. EPA’s Regional Offices can also provide assistance in locating the appropriate contact; and,

2.4.1.4 The Federal Land Manager charged with the direct responsibility of designated Class I areas (i.e., national parks and wildernesses) located within 100 kilometers of the affected nonattainment or maintenance area. EPA Regional Offices can provide information on the location of the Class I areas and the responsible agency.

2.4.2 Public participation responsibilities. The federal agency must notify the public of the draft demonstration and determination by placing a notice in a daily newspaper of general circulation within the area affected by the Federal action. The public must be allowed a minimum of 30 days for review and comment on the draft documents. In many cases, Federal agencies coordinate the public review process for General Conformity with the public review process required for the National Environmental Policy Act (NEPA) process.

2.4.3 Confidential Business Information (CBI). Nothing in the General Conformity regulations requires or authorizes the release of confidential business information or classified materials or information to any unauthorized person or organization. Federal actions involving such information or materials should be coordinated with the EPA Regional Office or EPA’s Office of State Air Partnerships.

2.4.4 Making the Final Determination. Based on the draft documents and the comments received through public review, the Federal agency must finalize the demonstration and the determination and within 30 days of making its Final General Conformity Determination, the Federal agency must notify all those provided with copies of the draft documents in paragraph 2.4.1 above. Notice is to be made in the same manner used to notify the reviewers and public of the draft determination in paragraph 2.4.2.

2.4.5 Written responses to comments. In addition, the Federal agency must, upon the request of any person, provide the written comments received on the draft and the agency’s written responses to those comments within 30 days of making the Final Determination.

2.4.6 Legal challenge. A General Conformity determination may be subject to judicial review. Federal agencies should document all the materials supporting their conformity demonstration and determination to ensure that their decision can withstand a judicial challenge.