Clean Air Act General Conformity Determination Requirements
February 3, 2015
In Reply Refer To:
7300 (CA930)P
EMS TRANSMISSION: 02/03/2015
Information Bulletin No. CA-2015-005
To: All CA District and Field Managers
From: Deputy State Director, Natural Resources
Subject: Clean Air Act General Conformity Determination Requirements
Purpose: This Information Bulletin (IB) serves as a reminder to ensure that all federal actions conform to the statutory and regulatory requirements of the Clean Air Act. A federal action refers to any activity directly engaged in by a department or agency of the federal government.
It also refers to any activity that a department or agency supports in any way, which includes providing financial assistance, licenses, permits or formal approval. To assist with this compliance requirement, the BLM issued Washington Office Instruction Memorandum (WOIB) Number 2013-025, Guidance for Conducting Air Quality General Conformity Determinations, on December 04, 2012. This Guidance must be employed to assure compliance with all statutory and regulatory requirements.
Background: The Federal Land Policy and Management Act Section 202 [43 U.S.C. 1712] (c) (8) requires the BLM to provide for compliance with applicable air pollution control laws. Section 176(c) (42 U.S.C. 7506) of the Clean Air Act (CAA) requires that federal agencies’ actions conform to any applicable State, Tribal, or Federal Implementation Plans (SIP, TIP, or FIP) for attaining and maintaining the National Ambient Air Quality Standards (NAAQS). Where actions are not specifically exempted, the BLM must complete a conformity determination before engaging in or authorizing any actions in designated non-attainment or maintenance areas.
Discussion: Air quality is always a concern in California, and the types of actions that the BLM authorizes can impact air quality. Failure to include the analysis of air quality impacts in projects’ environmental review documents; and when necessary, conformity analyses and/or determinations, increases the liability for the BLM decisions. Based on mapping of NAAQS, almost every California Field Office has lands in a planning area that is non-attainment or maintenance for at least one criteria pollutant and is, hence, subject to the conformity regulations.
To facilitate understanding and compliance with these revised regulations, several attachments are included with this IB that can help offices comply with the CAA. Additionally, resources, including the air quality handbook developed by Ridgecrest Field Office, are available on the Soil, Water, and Air Program’s SharePoint site at this link.
Attachment 1 is a copy of IM No. 2013-025, Guidance for Conducting Air Quality General Conformity Determinations, and it is the primary reference for conducting general conformity analyses and determinations. This IM has two attachments identified as 1-1 and 2-1, which are also attached.
Attachment 2 is a table that shows California Nonattainment/Maintenance Status for Each County by Year for All Criteria Pollutants. This table can help determine an area’s non-attainment or maintenance status.
Attachment 3 is an Example of a Conformity Analysis Certification. The first page is the certification and the other pages comprise the emissions inventory, which is used to document the estimated emissions from the proposed activity.
Contact: Russell Scofield, Soil, Water, Air, Program Leader, (760) 833-7139, russell_scofield@blm.gov.
Attachments – 3
- IM No. 2013-025, Guidance for Conducting Air Quality General Conformity Determinations (5 pp)
- Actions pertinent to the BLM that are exempt from a Conformity Determination (3 pp)
- De Minimis (2 pp)
- California Nonattainment/Maintenance Status for Each County by Year for All Criteria Pollutants (18 pp)
- Example Conformity Analysis Certification (9 pp)
Signed By:
Tom Pogacnik
Deputy State Director, Natural Resources
Authenticated By:
Cynthia Diezel
Administrative Assistant