• Air Toxics
• CMAQ
• Conformity

• Laws and Regulations
• Policy and Guidance
  • Air Quality Planning and SIPs
  • Conformity Lapse / Grace Period
  • Emissions Analysis
  • Land Use
  • Multi-Jurisdictional (Complex) Areas
  • NAAQS and Designations
  • Project Level Conformity
  • Transportation Control Measures
• Research
• Reference Material
• Models & Methodologies
• Training

Conformity Lapse / Grace Period

A conformity "lapse" means that the conformity determination for a transportation plan or transportation improvement program has expired, and thus there is no currently conforming plan or transportation improvement program. During a conformity lapse, FHWA and FTA can only make approvals or grants for: Project that are exempt from the conformity process (pursuant to 93.126 and 93.127 of the conformity rule), and Transportation control measures (TCMs) that are included in approved SIPs. Only those project phases that have received approval of the project agreement and transit projects that have received a full funding grant agreement (FFGA), or equivalent approvals, prior to the conformity lapse may proceed during a conformity lapse. The conformity lapse grace period allows an additional 12 months from a missed conformity deadline for the area to correct the problem before a conformity lapse occurs.

Policy & Guidance

• Guidance for Transportation Conformity Implementation in Multi-Jurisdictional Nonattainment and Maintenance Areas (EPA, July 2012) This document updates and supersedes EPA's 2004 "Multi-jurisdictional guidance." It describes how transportation conformity determinations are done in areas where multiple metropolitan planning organizations (MPOs), states and/or other agencies have jurisdiction in a nonattainment or maintenance area. The revised guidance is consistent with the Transportation Conformity Restructuring Rule and applies to any current and future NAAQS, including the 2008 ozone NAAQS.
• Guidance on the Implementation of the March 2, 1999 Court Decision (January 2002) - Updated guidance from FHWA and FTA concerning approval for projects in nonattainment and maintenance areas that do not have a currently conforming transportation plan and transportation improvement program. Changes resulted from a case brought against EPA by the Environmental Defense Fund.
• Conformity Implementation in Multi-jurisdictional Nonattainment and Maintenance Areas for Existing and New Air Quality Standards (July 2004) - EPA guidance to clarify how conformity determinations and the regional emissions analyses that support them are completed, particularly where multiple agencies or states are involved.
• Revised FTA Procedures for a Conformity Lapse (April 2003) - Memorandum from FTA clarifying project development procedures for New Starts projects in the event of a conformity lapse.
• Memorandum of Understanding between DOT and EPA on Transportation Conformity (April 2000) - MOU between DOT and EPA to provide for timely review and comment on transportation and air quality planning documents and to establish a framework for resolving outstanding issues to facilitate timely conformity decisions.

Superseded Guidance

• Interim Guidance for Implementing the Transportation Conformity Provisions in SAFETEA-LU (February 2006) - Memorandum from FHWA, FTA, and EPA concerning guidance on implementing the transportation conformity-related provisions contained in SAFETEA-LU - this interim guidance pertained to the time period before the federal transportation conformity rule was revised.