Transportation conformity guidance for the South Coast II court decision is now available, and can be found on EPA’s web page at www.epa.gov/state-and-local-transportation/policy-and-technical-guidance-state-and-local-transportation#requirements.
This guidance is intended to assist in implementation of the February 16, 2018, decision from the United States Court of Appeals for the District of Columbia Circuit in South Coast Air Quality Mgmt. District v. EPA (“South Coast II,” 882 F.3d 1138). This guidance addresses how transportation conformity determinations can be made in areas that were either nonattainment or maintenance for the 1997 ozone national ambient air quality standard (NAAQS) when that NAAQS was revoked, depending on their designations for subsequent ozone NAAQS.
This guidance is organized as follows:
• Section 1, Introduction
• Section 2, Orphan Areas (applicable to Beaumont-Port Arthur)
• Section 3, 2008 Ozone NAAQS Nonattainment and Maintenance Areas and 2015 Ozone NAAQS Nonattainment Areas (applicable to DFW & Houston)
• Section 4, Examples
EPA has coordinated with the Department of Transportation (DOT) during the development of this guidance. EPA’s Regional Offices, in consultation with EPA’s Office of Transportation and Air Quality, are available to provide additional technical assistance.