General Conformity Training Module 4.2: State and Tribal General Conformity Implementation Plan Revisions

• Module IV
  State, Local, Tribal
• 4.1 State, Tribal, and
  Local Involvement
• 4.2 State and Tribal Conformity
  Implementation Plans

States and Tribes (hereinafter State) are allowed, but not required, to have their own General Conformity regulations, which are created through a revision to the current implementation plan (e.g., General Conformity Implementation Plan (GIP) revision). If a State or the EPA revises a SIP/TIP/FIP (hereinafter SIP) to include their own General Conformity regulations, the regulations must be at least as stringent, and must be consistent with, the Federal regulations under 40 CFR part 93 subpart B (hereinafter subpart B). The State regulations cannot be more stringent than the Federal regulations unless the State makes the requirements applicable to non-federal entities as well as Federal agencies.

The State can develop their own GIP revision criteria and procedures so long as they are consistent with subpart B. Otherwise, States can submit a revision to incorporate by reference (IBR) the whole of subpart B.

Once the GIP revision is adopted by the State and approved by EPA as an implementation plan revision, Federal agencies are obligated to meet the requirements of the State GIP revision but must also meet all the requirements of the Federal regulations under subpart B not already included in the GIP revision. Since the State GIP revision criteria and procedures are approved as part of the implementation plan for the nonattainment or maintenance area, they remain in full force and effect until EPA approves the removal of any parts or portions of the criteria or procedures.