§ 1229 Transition from the interim period to the control
strategy period.
(a) Areas which submit a control strategy implementation plan
revision after November 24, 1993.
(1) The transportation plan and TIP must be demonstrated to
conform according to transitional period criteria and
procedures by one year from the date the Clean Air Act
requires submission of such control strategy implementation
plan revision. Otherwise, the conformity status of the
transportation plan and TIP will lapse, and no new project-level conformity determinations may be made.
(i) The conformity of new transportation plans and TIPs may
be demonstrated according to Phase II interim period
criteria and procedures for 90 days following
submission of the control strategy implementation plan
revision, provided the conformity of such
transportation plans and TIPs is redetermined according
to transitional period criteria and procedures as
required in paragraph (a)(1) of this section and such
transportation plans and TIPs are consistent with the
motor vehicle emissions budget in the applicable
implementation plan or any previously submitted control
strategy implementation plan revision.
(ii) Beginning 90 days after submission of the control
strategy implementation plan revision, new
transportation plans and TIPs shall demonstrate
conformity according to transitional period criteria
and procedures.
(2) If EPA disapproves the submitted control strategy
implementation plan revision and so notifies the State, MPO,
and DOT, which initiates the sanction process under Clean
Air Act §§ 179 or 110(m), the conformity status of the
transportation plan and TIP shall lapse 120 days after EPA's
disapproval, and no new project-level conformity
determinations may be made. No new transportation plan,
TIP, or project may be found to conform until another
control strategy implementation plan revision is submitted
and conformity is demonstrated according to transitional
period criteria and procedures.
(3) Notwithstanding paragraph (a)(2) of this section, if
EPA disapproves the submitted control strategy
implementation plan revision but determines that the control
strategy contained in the revision would have been
considered approvable with respect to requirements for
emission reductions if all committed measures had been
submitted in enforceable form as required by Clean Air Act
§ 110(a)(2)(A), the provisions of paragraph (a)(1) of this
section shall apply for 12 months following the date of
disapproval. The conformity status of the transportation
plan and TIP shall lapse 12 months following the date of
disapproval unless another control strategy implementation
plan revision is submitted to EPA and found to be complete.
(b) Areas which have not submitted a control strategy
implementation plan revision.
(1) For areas whose Clean Air Act deadline for submission
of the control strategy implementation plan revision is
after November 24, 1993, and EPA has notified the State,
MPO, and DOT of the State's failure to submit a control
strategy implementation plan revision, which initiates the
sanction process under Clean Air Act §§ 179 or 110(m):
(i) No new transportation plans or TIPs may be found to
conform beginning 120 days after the Clean Air Act
deadline; and
(ii) The conformity status of the transportation plan and
TIP shall lapse one year after the Clean Air Act
deadline, and no new project-level conformity
determinations may be made.
(2) For areas whose Clean Air Act deadline for submission
of the control strategy implementation plan was before
November 24, 1993, and EPA has made a finding of failure to
submit a control strategy implementation plan revision,
which initiates the sanction process under Clean Air Act
§§ 179 or 110(m), the following apply unless the failure has
been remedied and acknowledged by a letter from the EPA
Regional Administrator:
(i) No new transportation plans or TIPs may be found to
conform beginning March 24, 1994; and
(ii) The conformity status of the transportation plan and
TIP shall lapse November 25, 1994, and no new project-level conformity determinations may be made.
(c) Areas which have not submitted a complete control strategy
implementation plan revision.
(1) For areas where EPA notifies the State, MPO, and DOT
after November 24, 1993, that the control strategy
implementation plan revision submitted by the State is
incomplete, which initiates the sanction process under Clean
Air Act §§ 179 or 110(m), the following apply unless the
failure has been remedied and acknowledged by a letter from
the EPA Regional Administrator:
(i) No new transportation plans or TIPs may be found to
conform beginning 120 days after EPA's incompleteness
finding; and
(ii) The conformity status of the transportation plan and
TIP shall lapse one year after the Clean Air Act
deadline, and no new project-level conformity
determinations may be made.
(iii) Notwithstanding paragraphs (c)(1)(i) and (ii) of
this section, if EPA notes in its incompleteness
finding that the submittal would have been
considered complete with respect to requirements
for emission reductions if all committed measures
had been submitted in enforceable form as required
by Clean Air Act § 110(a)(2)(A), the provisions of
paragraph (a)(1) of this section shall apply for a
period of 12 months following the date of the
incompleteness determination. The conformity
status of the transportation plan and TIP shall
lapse 12 months following the date of the
incompleteness determination unless another
control strategy implementation plan revision is
submitted to EPA and found to be complete.
(2) For areas where EPA has determined before November 24,
1993, that the control strategy implementation plan revision
is incomplete, which initiates the sanction process under
Clean Air Act §§ 179 or 110(m), the following apply unless
the failure has been remedied and acknowledged by a letter
from the EPA Regional Administrator:
(i) No new transportation plans or TIPs may be found to
conform beginning March 24, 1994; and
(ii) The conformity status of the transportation plan and
TIP shall lapse November 25, 1994, and no new project-level conformity determinations may be made.
(iii) Notwithstanding paragraphs (c)(2)(i) and (ii) of
this section, if EPA notes in its incompleteness
finding that the submittal would have been
considered complete with respect to requirements
for emission reductions if all committed measures
had been submitted in enforceable form as required
by Clean Air Act § 110(a)(2)(A), the provisions of
paragraph (d)(1) of this section shall apply for a
period of 12 months following the date of the
incompleteness determination. The conformity
status of the transportation plan and TIP shall
lapse 12 months following the date of the
incompleteness determination unless another
control strategy implementation plan revision is
submitted to EPA and found to be complete.
(d) Areas which submitted a control strategy implementation plan
before November 24, 1993.
(1) The transportation plan and TIP must be demonstrated to
conform according to transitional period criteria and
procedures by November 25, 1994. Otherwise, their
conformity status will lapse, and no new project-level
conformity determinations may be made.
(i) The conformity of new transportation plans and TIPs may
be demonstrated according to Phase II interim period
criteria and procedures until February 22, 1994,
provided the conformity of such transportation plans
and TIPs is redetermined according to transitional
period criteria and procedures as required in paragraph
(d)(l) of this section.
(ii) Beginning February 22, 1994, new transportation plans
and TIPs shall demonstrate conformity according to
transitional period criteria and procedures.
(2) If EPA has disapproved the most recent control strategy
implementation plan submission, the conformity status of the
transportation plan and TIP shall lapse March 24, 1994, and
no new project-level conformity determinations may be made.
No new transportation plans, TIPs, or projects may be found
to conform until another control strategy implementation
plan revision is submitted and conformity is demonstrated
according to transitional period criteria and procedures.
(3) Notwithstanding paragraph (d)(2) of this section, if
EPA has disapproved the submitted control strategy
implementation plan revision but determines that the control
strategy contained in the revision would have been
considered approvable with respect to requirements for
emission reductions if all committed measures had been
submitted in enforceable form as required by Clean Air Act
§ 110(a)(2)(A), the provisions of paragraph (d)(1) of this
section shall apply until November 25, 1994. The conformity
status of the transportation plan and TIP shall lapse
November 25, 1994, unless another control strategy
implementation plan revision is submitted to EPA and found
to be complete.
(e) Projects.
If the currently conforming transportation plan and TIP have not
been demonstrated to conform according to transitional period
criteria and procedures, the requirements of paragraphs (e)(1)
and (2) of this section must be met.
(1) Before a FHWA/FTA project which is regionally
significant and increases single-occupant vehicle capacity
(a new general purpose highway on a new location or adding
general purpose lanes) may be found to conform, the State
air agency must be consulted on how the emissions which the
existing transportation plan and TIP's conformity
determination estimates for the 'Action' scenario (as
required by §§ 1223 - 1228) compare to the motor vehicle
emissions budget in the implementation plan submission or
the projected motor vehicle emissions budget in the
implementation plan under development.
(2) In the event of unresolved disputes on such project-level conformity determinations, the State air agency may
escalate the issue to the Governor consistent with the
procedure in § 1206(d), which applies for any State air
agency comments on a conformity determination.
(f) Redetermination of conformity of the existing transportation
plan and TIP according to the transitional period criteria and
procedures.
(1) The redetermination of the conformity of the existing
transportation plan and TIP according to transitional period
criteria and procedures (as required by paragraphs (a)(1)
and (d)(1) of this section) does not require new emissions
analysis and does not have to satisfy the requirements of
§§ 1211 and 1212 if:
(i) The control strategy implementation plan revision
submitted to EPA uses the MPO's modeling of the
existing transportation plan and TIP for its
projections of motor vehicle emissions; and
(ii) The control strategy implementation plan does not
include any transportation projects which are not
included in the transportation plan and TIP.
(2) A redetermination of conformity as described in
paragraph (f)(1) of this section is not considered a
conformity determination for the purposes of § 1205(b)(4) or
§ 1205(c)(4) regarding the maximum intervals between
conformity determinations. Conformity must be determined
according to all applicable criteria and procedures of
§ 1210 within three years of the last determination which
did not rely on paragraph (f)(1) of this section.
(g) Ozone nonattainment areas.
(1) The requirements of paragraph (b)(1) of this section
apply if a serious or above ozone nonattainment area has not
submitted the implementation plan revisions which Clean Air
Act §§ 182(c)(2)(A) and 182(c)(2)(B) require to be submitted
to EPA November 15, 1994, even if the area has submitted the
implementation plan revision which Clean Air Act § 182(b)(1)
requires to be submitted to EPA November 15, 1993.
(2) The requirements of paragraph (b)(1) of this section
apply if a moderate ozone nonattainment area which is using
photochemical dispersion modeling to demonstrate the
"specific annual reductions as necessary to attain" required
by Clean Air Act § 182(b)(1), and which has permission from
EPA to delay submission of such demonstration until
November 15, 1994, does not submit such demonstration by
that date. The requirements of paragraph (b)(1) of this
section apply in this case even if the area has submitted
the 15% emission reduction demonstration required by Clean
Air Act § 182(b)(1).
(3) The requirements of paragraph (a) of this section apply
when the implementation plan revisions required by Clean Air
Act §§ 182(c)(2)(A) and 182(c)(2)(B) are submitted.
(h) Nonattainment areas which are not required to demonstrate
reasonable further progress and attainment.
(1) If an area listed in § 1237 submits a control strategy
implementation plan revision, the requirements of paragraphs
(a) and (e) of this section apply. Because the areas listed
in § 1237 are not required to demonstrate reasonable further
progress and attainment and therefore have no Clean Air Act
deadline, the provisions of paragraph (b) of this section do
not apply to these areas at any time.
(i) Maintenance plans.
If a control strategy implementation plan revision is
not submitted to EPA but a maintenance plan required by
Clean Air Act § 175A is submitted to EPA, the
requirements of paragraph (a) or (d) of this section
apply, with the maintenance plan submission treated as
a "control strategy implementation plan revision" for
the purposes of those requirements.