GBUAPCD RULE 1205 FREQUENCY OF CONFORMITY DETERMINATIONS          
LAST REVISED 11/11/11
          
          
           1205  Frequency of conformity determinations.

          (a)  Conformity determinations and conformity redeterminations
          for transportation plans, TIPs, and FHWA/FTA projects must be
          made according to the requirements of this section and the
          applicable implementation plan.

          (b)  Transportation plans.

               (1)  Each new transportation plan must be found to conform
               before the transportation plan is approved by the MPO or
               accepted by DOT.

               (2)  All transportation plan revisions must be found to
               conform before the transportation plan revisions are
               approved by MPO or accepted by DOT, unless the revision
               merely adds or deletes exempt projects listed in  1235 and
               has been made in accordance with the notification provisions
               of  1206(c)(1)(vii). The conformity determination must be
               based on the transportation plan and the revision taken as a
               whole.

               (3)  The existing conformity determination will lapse unless
               conformity of existing transportation plans is redetermined:

               (i)  within 18 months of EPA approval of an implementation
                    plan revision which:

                    (A)  establishes or revises a transportation-related
                    emissions budget (as required by CAA  175A(a),
                    182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7),
                    189(a)(1)(B), and 189(b)(1)(A); and  192(a) and
                    192(b), for nitrogen dioxide); or

                    (B)  adds, deletes, or changes TCMs; and

               (ii) within 18 months of EPA promulgation of an
                    implementation plan which establishes or revises a
                    transportation-related emissions budget or adds,
                    deletes, or changes TCMs.

               (4)  In any case, conformity determinations must be made no
               less frequently than every three years, or the existing
               conformity determination will lapse.

          (c)  Transportation improvement programs.

               (1)  A new TIP must be found to conform before the TIP is
               approved by the MPO or accepted by DOT.

               (2)  A TIP amendment requires a new conformity determination
               for the entire TIP before the amendment is approved by the
               MPO or accepted by DOT, unless the amendment merely adds or
               deletes exempt projects listed in  1235 and has been made
               in accordance with the notification provisions of
                1206(c)(1)(vii).

               (3)  After an MPO adopts a new or revised transportation
               plan, conformity of the TIP must be redetermined by the MPO
               and DOT within six months from the date of adoption of the
               plan, unless the new or revised plan merely adds or deletes
               exempt projects listed in  1235 and has been made in
               accordance with the notification provisions of
                1206(c)(1)(vii).  Otherwise, the existing conformity
               determination for the TIP will lapse.

               (4)  In any case, conformity determinations must be made no
               less frequently than every three years or the existing
               conformity determination will lapse.

          (d)  Projects.

          FHWA/FTA projects must be found to conform before they are
          adopted, accepted, approved, or funded.  Conformity must be
          redetermined for any FHWA/FTA project if none of the following
          major steps has occurred within the most recent three year
          period:  NEPA process completion; start of final design;
          acquisition of a significant portion of the right-of-way; or
          approval of the plans, specifications and estimates.