• If specific exemptions allowed in the General Conformity Rule apply; 

• If the action, or portions thereof, are included on the federal agency’s list of “presumed to conform activities” (see Section 8.1.1.3); 

• If total direct and indirect air emissions associated with the action are above or below the General Conformity de minimis levels; and 

• If an EPA-approved SIP has an emissions budget against which the emissions associated with the action could be compared (i.e., a facility-wide emissions budget) and whether or not the budget is inclusive of the action. 

If an action is not exempt or presumed to conform, or found to cause emissions above applicable de minimis levels in any nonattainment or maintenance area, the agency must prepare a General Conformity Determination prior to taking the action. 

Best practices for each item of determination in an applicability analysis are discussed below. 

## 8.1.1.1. Nonattainment/Maintenance Status for the Purposes of General Conformity 

The EPA’s Green Book is a publicly available resource for identifying whether or not an action occurs in a current or historical nonattainment or maintenance area for any NAAQS -regulated pollutant(s). 98 It identifies both current and historical nonattainment or maintenance areas each county within each U.S. state (as well as the U.S. territories of Guam and Puerto Rico). 

Some nonattainment and maintenance areas include an entire county or counties, whereas others only encompass a portion of a county (i.e., “partial”). For partial counties within nonattainment or maintenance areas, the location of an action within the exact jurisdictional boundaries of the area should be verified with either EPA or the state/local air quality control agency prior to ascribing any General Conformity applicability. Situations may arise where an action will occur at a facility whose footprint is only partially contained within a nonattainment or maintenance area. Conversely, emissions associated with an action can sometimes span nonattainment areas or portions thereof. 

Interagency coordination is also beneficial for actions occurring in maintenance areas that have a federally enforceable maintenance plan, as the duration and characteristics of these plans can vary. Further, per the “anti-backsliding” regulations of the CAA, areas designated nonattainment or maintenance of a NAAQS that has since been revoked ( i.e., 1-hour O$_{3}$) may still hold a continuing program responsibility to enforce the applicable plan, or components thereof. 99 In these instances, interagency coordination involving EPA and state/local air quality governance can be beneficial in reaching accordance in how General Conformity should be addressed for an action. 

## 8.1.1.2. Conformity Exemptions 

