40 C.F.R. § 93.100
Purpose
The purpose of this subpart is to implement section 176(c) of the Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), and the related requirements of 23 U.S.C. 109(j), with respect to the conformity of transportation plans, programs, and projects which are developed, funded, or approved by the United States Department of Transportation (DOT), and by metropolitan planning organizations (MPOs) or other recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This subpart sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to an applicable implementation plan developed pursuant to section 110 and Part D of the CAA.
Notes of Decisions
Cited in 2
cases, 2006–2016 · leading case: Citizens for Appropriate Rural v. Anthony Foxx, 815 F.3d 1068 (7th Cir. 2016).
Citizens for Appropriate Rural v. Anthony Foxx, 815 F.3d 1068 (7th Cir. 2016). “Pursuant to 40 C.F.R. § 93.100 (a), an agency must base its conformity determination “upon the most recent planning assumptions in force at the time the conformity analysis begins.”
Sierra Club v. United States Army Corps of Engineers, 450 F. Supp. 2d 503 (D.N.J. 2006). “101 ; 40 C.F.R. § 93.100 . Conversely, under the general conformity rules, a “[regionally significant action means a Federal action for which the direct and indirect emissions of any pollutant represent 10 percent or more of a nonattainment or maintenance area’s emission…”
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