§ 93.153 Applicability.
(a) Conformity determinations for Federal actions related to transportation plans, programs, and projects developed, funded, or approved under title 23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601 et seq.) must meet the procedures and criteria of 40 CFR part 51, subpart T, in lieu of the procedures set forth in this subpart.
(b) For Federal actions not covered by paragraph (a) of this section, a conformity determination is required for each criteria pollutant or precursor where the total of direct and indirect emissions of the criteria pollutant or precursor in a nonattainment or maintenance area caused by a Federal action would equal or exceed any of the rates in paragraphs (b)(1) or (2) of this section.
(1) For purposes of paragraph (b) of this section the following rates apply in nonattainment areas (NAA's):
| Tons/year | |
|---|---|
| Ozone (VOC's or NOX): | |
| Serious NAA's | 50 |
| Severe NAA's | 25 |
| Extreme NAA's | 10 |
| Other ozone NAA's outside an ozone transport region | 100 |
| Other ozone NAA's inside an ozone transport region: | |
| VOC | 50 |
| NOX | 100 |
| Carbon Monoxide: All maintenance areas | 100 |
| SO2 or NO2: All NAA's | 100 |
| PM10: | |
| Moderate NAA's | 100 |
| Serious NAA's | 70 |
| PM2.5 (direct emissions, SO2, NOX, VOC, and Ammonia): | |
| Moderate NAA's | 100 |
| Serious NAA's | 70 |
| Pb: All NAA's | 25 |
(2) For purposes of paragraph (b) of this section the following rates apply in maintenance areas:
| Tons/year | |
|---|---|
| Ozone (NOX), SO2 or NO2: | |
| All maintenance areas | 100 |
| Ozone (VOC's) | |
| Maintenance areas inside an ozone transport region | 50 |
| Maintenance areas outside an ozone transport region | 100 |
| Carbon monoxide: All maintenance areas | 100 |
| PM10: All maintenance areas | 100 |
| PM2.5 (direct emissions, SO2, NOX, VOC, and Ammonia) | 100 |
| All maintenance areas | 100 |
| Pb: All maintenance areas | 25 |
(c) The requirements of this subpart shall not apply to the following Federal actions:
(1) Actions where the total of direct and indirect emissions are below the emissions levels specified in paragraph (b) of this section.
(2) Actions which would result in no emissions increase or an increase in emissions that is clearly de minimis:
(i) Judicial and legislative proceedings.
(ii) Continuing and recurring activities such as permit renewals where activities conducted will be similar in scope and operation to activities currently being conducted.
(iii) Rulemaking and policy development and issuance.
(iv) Routine maintenance and repair activities, including repair and maintenance of administrative sites, roads, trails, and facilities.
(v) Civil and criminal enforcement activities, such as investigations, audits, inspections, examinations, prosecutions, and the training of law enforcement personnel.
(vi) Administrative actions such as personnel actions, organizational changes, debt management or collection, cash management, internal agency audits, program budget proposals, and matters relating to the administration and collection of taxes, duties and fees.
(vii) The routine, recurring transportation of materiel and personnel.
(viii) Routine movement of mobile assets, such as ships and aircraft, in home port reassignments and stations (when no new support facilities or personnel are required) to perform as operational groups and/or for repair or overhaul.
(ix) Maintenance dredging and debris disposal where no new depths are required, applicable permits are secured, and disposal will be at an approved disposal site.
(x) Actions, such as the following, with respect to existing structures, properties, facilities and lands where future activities conducted will be similar in scope and operation to activities currently being conducted at the existing structures, properties, facilities, and lands; for example, relocation of personnel, disposition of federally-owned existing structures, properties, facilities, and lands, rent subsidies, operation and maintenance cost subsidies, the exercise of receivership or conservatorship authority, assistance in purchasing structures, and the production of coins and currency.