What is General Conformity?

1. General Conformity is a Federal pollution prevention and control program that implements CAA sec. 176(c) under 40 CFR part 93 subpart B, which applies when a lead Federal agency proposes a Federal action to approve, fund, permit, license, support, engage in, or otherwise authorize one or more emissions-producing activities that meet the General Conformity applicability requirements: 

a. Activities causing emissions of criteria or precursor pollutants to originate within the affected area -- a nonattainment area, or a redesignated attainment area managed by the State of Tribe having jurisdiction and authority to manage the area in accordance with a CAA sec. 175A maintenance plan (hence the term "maintenance area."). Applies only to the criteria pollutants for which the affected area is, or was, designated nonattainment. Includes precursor pollutants.

 b. The Federal agency may take the action on its own behalf, in support of another Federal agency's Federal action, or on behalf of a non-Federal entity, such as a project sponsor (e.g., an Airport Board proposes runway improvements that require design and operational approval by the FAA prior to the construction and operation of aircraft). A single proposed activity could constitute the whole Federal action, or one or more activities could be part of a larger proposed project, plan, or program.

 c. Activities subject to the Geneal Conformity requirements are not activities associated with metropolitan or regional transportation plans, projects, or programs, which are subject to the Transportation Conformity requirements under 40 CFR part 93 subpart A. 

d. General Conformity is concerned only with direct and indirect emissions caused by implementation of the activities:

(1) Direct emissions are caused by the lead Federal agency's own activities (e.g., agency-owned, or agency-operated equipment or facilities, e.g., the U.S. Coast Guard may be responsible for the design, construction, and operation of a bridge that crosses navigable waters of the U.S.); and,

(2) Indirect emissions are caused by the Federal action because "but for" the action, the activity would not occur. These are emissions emitted by non-Federal sources the lead agency can practicably control or influence due to a continuing program responsibility (e.g., contractor operations, construction equipment, induced roadway traffic, or development tied to the action).

e. Both direct and indirect emissions must be reasonably foreseeable and quantifiable. A Federal agency is not expected to base emissions on worst-case scenarios, "potential to emit," or speculation, which the EPA considers to be not reasonably foreseeable. 

f. Do not consider emissions from activities that the EPA judges as exempt or emissions from activities presumed to conform (PTC) in accordance with the analysis required in the General Conformity requirements. 

g. Do not consider emissions from activities that require a permit under the EPA New Source Review (NSR) or Potential for Significant Deterioration (PSD) program requirements.

Example of activities that may apply under General Conformity:

• Military base redevelopment program proposed by DOW.
• Environmental restoration proposed by U.S. Fish and Wildlife Service.
• Permit issued under the Endangered Species Act (ESA) that allows emissions from activities that could impact wildlife or endangered species.
• Projects aimed at reducing flood risks along rivers and coasts (e.g., Flood Risk Management by US Army Corps of Engineers)
• Harbor restoration projects to improve the depth of a harbor or the condition of the harbor or port area (e.g., removal of debris, restoration of natural habitats, enhancement of infrastructure to support maritime activities, under the jurisdiction of EPA, NOAA, USACE, USDA, and/or USFWS usually for oversight and funding.

2. General Conformity requires a Federal agency to work with State and local air agencies and Tribal governments when designing their projects so that emissions, particularly those caused by construction activities, conform to the purpose of the air quality plans established within the applicable implementation plan (AIP).

3. Conformity assures that any proposed activity will conform to the purpose of implementation plan applicable within the nonattainment or maintenance area affected by such activities. Under General Conformity, emissions must not interfere with the ability of a State or Tribe to attain and maintain the National Ambient Air Quality Standards (NAAQS) for air quality, as required under Clean Air Act (CAA) section 176(c).

4. Established under the CAA section 176(c)(4)(A), the General Conformity regulations are implemented at 40 CFR part 93 subpart B. The program plays an important role in helping States and Tribes protect air quality within their jurisdiction and authority in areas that do not meet the NAAQS (nonattainment areas), and areas of vulnerable air quality (maintenance areas). 

5. EPA initially promulgated the General Conformity subpart B regulations in 1993. Subsequently, EPA collected information from other federal agencies on how to maintain the same environmental protection while streamlining the General Conformity program process. This information was used to revise the General Conformity regulations, and after soliciting public comments, EPA issued final rule revisions on April 5, 2010.