General Conformity Training Module 2.4: Review Process

Federal agencies are public bodies and General Conformity is an open process. The General Conformity regulations at 40 CFR part 93 subpart B require that the federal agencies provide copies of a Draft General Conformity Determination, as well as all documentation the federal agency relied on to make its decision, to the appropriate EPA Regional office and other affected federal agencies, States, Tribes, local agencies and local MPOs and allow them a minimum of 30 days to review the draft. In addition, the federal agency must provide the public 30 days to comment on the draft demonstration.

The EPA’s Regional Office responsible for the affected State or Tribe containing the nonattainment or maintenance area(s) has the opportunity to review of the draft determination, as well as all documentation the federal agency relied on to make its decision. The list of EPA’s Regional Offices is available on the General Conformity website under "Contact Us." If a Federal action would affect three or more EPA Regions, then the federal agency can coordinate the review through EPA’s Office of Air Quality Planning and Standards.

The State air agencies, Tribal governments, or local air agency review of the draft determination, as well as all documentation the federal agency relied on to make its decision, is handled by the organization responsible for the implementation of the applicable implementation plan applicable for the affected nonattainment or maintenance area.

The MPO’s review of the draft determination, as well as all documentation the federal agency relied on to make its decision, is handled by the transportation organization for the area. The specific contact can be obtained by contacting the State or local air quality agency. EPA’s Regional Offices can also provide assistance in locating the appropriate contact.

The General Conformity regulations provide for Tribes to review and comment on the draft determination, as well as all documentation the federal agency relied on to make its decision.

In addition to the above organizations, the federal agency must provide copies of the draft determination, as well as all documentation the federal agency relied on to make its decision, to the Federal Land Manager charged with the direct responsibility of designated Class I areas (i.e., national parks and wildernesses) located within 100 km of the affected nonattainment or maintenance area, and allow them a minimum of 30 days to review the draft determination. EPA Regional Offices can provide information on the location of the Class I areas and the responsible agency.

The federal agency must notify the public of the draft determination by placing a notice in a daily newspaper of general circulation within the area affected by the Federal action. The federal agency must make the draft determination available for review and allow a minimum of 30 days for the public to comment. In many cases, federal agencies coordinate the public review process for the General Conformity demonstration with the public review required under the National Environmental Policy Act (NEPA).

Nothing in the General Conformity regulations requires or authorizes the release of confidential business information or classified materials or information to any unauthorized person or organization. Actions involving such information or materials should be coordinated with the EPA Regional Office or EPA’s Office of Air Quality Planning and Standards.

Within 30 days of making its final determination, the federal agency must notify all those provided with copies of the draft determination, and those that commented on the draft determination. The notice is to be made in the same manner as used to notify the reviewers and public of the draft determination.

A conformity determination may be subject to judicial review. Federal agencies should document their evaluations to ensure that their decision can withstand a judicial challenge.