## 8. Conformity 

As discussed in Section 2 ( Regulatory Framework ), the Conformity Rule of the federal CAA ensures that federally-funded, permitted, or supported actions occurring in EPA -designated nonattainment and maintenance areas are accounted for within, and do not in any way interfere with, the approved SIP. Of note, the CAA Conformity Rule does not apply to attainment areas. With a focus on FAA actions and General Conformity, this section provides further guidance on this requirement. 97 

## 8.1. General Conformity 

General Conformity covers most aspects of airport activities funded by federal agencies. In summary, the purpose of the General Conformity Rule is to: 

• Ensure that federal activities do not cause or contribute to new violations of the NAAQS; 

• Ensure that actions do not increase the frequency or severity of any existing violation of the NAAQS; and 

• Ensure that attainment of the NAAQS is not delayed. 

The General Conformity process begins with an “applicability analysis” whereby the federal agency (or agencies) with jurisdiction over the action determines how and to what General Conformity applies. If General Conformity applies, the agency must prepare a General Conformity Determination outlining the process by which the subject action is assessed, whether or not the action conforms to an approved SIP(s), whether offsetting is required, and any other necessary actions. Then federal, state, and local air quality control governance, as well as the general public, are engaged in a formal “public review process” of the agency’s determination. 

These three elements – (i) Applicability Analysis, (ii) Preparing a General Conformity Determination, and (iii) Interagency and Public Review Process – are each presented in greater detail as follows. 

Although General Conformity is a separate requirement from NEPA, the two processes share aspects and are often combined. When a Conformity Determination is required, it is generally disclosed in the NEPA document and included as an appendix . Notably, if a Determination is required, the FAA may not finalize a NEPA document (i.e., issue the Finding of No Significant Impact), or sign the Record of Decision, until the Conformity Determination is completed. 

## 8.1.1. Applicability Analysis 

When preparing a General Conformity applicability analysis, the FAA considers a range of factors to determine if the rule applies to a project or action. In some cases (but not necessarily all), these considerations are made in consultation with other federal, state and local air quality agencies. These factors include the following 

• If the action will occur in a nonattainment or maintenance area(s); 

