Statutes, codes, and regulations
Maine Administrative Code
Department 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTIONDivision 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 139 - TRANSPORTATION CONFORMITY
Section 096-139-1 - Applicability

06- 096 C.M.R. ch. 139, § 1

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Current through 2024-51, December 18, 2024
Section 096-139-1 - Applicability
A.Action applicability
(1) Except as provided for in this Section orSection 93.126, "Exempt Projects", conformity determinations are required for:
(a) The adoption, acceptance, approval or support of transportation plans and transportation plan amendmentsdeveloped pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a Metropolitan Planning Organization (MPO) or the Maine Department of Transportation (MaineDOT).
(b) The adoption, acceptance, approval or support of Transportation Improvement Programs (TIPs) and TIP amendmentsdeveloped pursuant to 23 CFR Part 450 or 49 CFR Part 613 by an MPO or MaineDOT or DOT; and
(c) The approval, funding, or implementation of Federal Highway Administration/Federal Transit Administration (FHWA/FTA) projects.
(2) Conformity determinations are not required under this Chapter for individual projects which are not FHWA/FTA projects unless they are considered regionally significant.
B.Geographic applicability
(1) The provisions of this Chapter shall apply in all federally designated nonattainment and maintenance areas for transportation-related criteria pollutants for which the area is designated nonattainment or has a maintenance plan.
(2) The provisions of this Chapter apply with respect to emissions of the following criteria pollutants: ozone, carbon monoxide (CO), nitrogen dioxide (NO2), and particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10) and particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM2.5).
(3) The provisions of this Chapter apply with respect to emissions of the following precursor pollutants:
(a) Volatile organic compounds (VOC) and nitrogen oxides (NOx) in federally designated ozone areas.
(b) Nitrogen oxides (NOx) in nitrogen dioxide (NO2) areas; and
(c) VOC, and NOx in PM10 areas if the EPA Regional Administrator or the director of the State Air Agency has made a finding that transportation-related precursor emissions of one or both of these precursors within the nonattainment area are a significant contributor to the PM10 nonattainment problem and has so notified the MPO, MaineDOT, and DOT, or if the applicable implementation plan (or implementation plan submission) establishes an approved (or adequate) budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy.
(d) NOx in PM2.5 areas, unless both the EPA Regional Administrator and the director of the state air agency have made a finding that transportation-related emissions of NOx within the nonattainment area are not a significant contributor to the PM2.5 nonattainment problem and has so notified the MPO, MaineDOT and DOT, or the applicable implementation plan (or implementation plan submission) does not establish an approved (or adequate) budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy; and
(e) VOC, sulfur oxides (SOx) and/or ammonia (NH3) in PM2.5 areas either if the EPA Regional Administrator or the director of the state air agency has made a finding that transportation-related emissions of any of these precursors within the nonattainment area are a significant contributor to the PM 2.5 nonattainment problem and has so notified the MPO and DOT, or if the applicable implementation plan (or implementation plan submission) establishes an approved (or adequate) budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy.
(f) The provisions of this subpart apply to PM2.5 nonattainment and maintenance areas with respect to PM2.5 from re-entrained road dust if the EPA Regional Administrator or the director of the State Air Agency has made a finding that re-entrained road dust emissions within the area are a significant contributor to the PM2.5 nonattainment problems and has so notified the MPO, MaineDOT, and DOT, or if the applicable implementation plan (or implementation plan submission) includes re-entrained road dust in the approved (or adequate) budget as part of the reasonable further progress, attainment or maintenance strategy. Re-entrained road dust emissions are produced by travel on paved and unpaved roads (including emissions from anti-skid and deicing materials).
(4) The provisions of this Chapter apply to maintenance areas for 20 years from the date EPA approves the area's request for re-designation to attainment, unless the applicable implementation plan specifies that the provisions of this Chapter shall apply for more than 20 years.
C.Limitations. In order to receive an FHWA/FTA approval or funding actions, including NEPA approvals, for a project phase subject to this chapter, a currently conforming transportation plan and TIP must be in place at the time of project approval as described in Section 93.114, except as provided by Section 93.114(b).
D.Grace Period for new nonattainment areas. For areas or portions of areas which have been continuously designated attainment or not designated for any National Ambient Air Quality Standards for ozone, CO, PM10, PM2.5 or NO2 since 1990 and are subsequently re-designated to nonattainment or designated nonattainment for any National Ambient Air Quality Standard for any of these pollutants the provisions of this chapter shall not apply for 12 months following the effective date of final designation to nonattainment for each National Ambient Air Quality Standard for such pollutant.

06- 096 C.M.R. ch. 139, § 1