TABLE OF CONTENTS
ARTICLE 2.0000
AIR POLLUTION CONTROL REGULATIONS AND PROCEDURES
Section 2.1600 General Conformity
2.1601
Purpose, Scope and Applicability ............................................................. 216-01
2.1602
Definitions................................................................................................. 216-01
2.1603
General Conformity Determination. ......................................................... 216-01
SECTION 2.1600 GENERAL CONFORMITY
2.1601
PURPOSE, SCOPE AND APPLICABILITY
(a) The purpose of this Section is to assure that a federal action conforms with all plans required
of areas designated as nonattainment or maintenance under 40 CFR 81.334 and listed in
Paragraph (b) or (c) of this Regulation. No Department, Agency, or instrumentality of the Federal
Government shall engage in, support in any way or provide financial assistance for, license or
permit, or approve any activity which does not conform to these maintenance plans.
(b) This Section applies to the emissions of volatile organic compounds and nitrogen oxides in
Mecklenburg County.
(c) This Section applies to the emissions of carbon monoxide in Mecklenburg County.
(d) This Section applies, in the areas identified in Paragraph (b) or (c) of this Regulation for the
pollutants identified in Paragraph (b) or (c) of this Regulation, to federal actions not covered by
MCAPCO Section 2.2000 - “Transportation Conformity”.
History Note:
Statutory Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. April 1, 1995;
Amended Eff. April 1, 1999.
2.1602
DEFINITIONS
For the purposes of this Section, the definitions contained in 40 CFR 51.852 apply.
History Note:
Statutory Authority G.S. 143-215.3(a)(1); 143215.107(a)(10);
Eff. April 1, 1995.
2.1603
GENERAL CONFORMITY DETERMINATION
(a) The appropriate federal agency shall make a determination that a federal action conforms with
the maintenance plans for the areas identified in MCAPCO Regulation 2.1601 - “Purpose, Scope
and Applicability” in accordance with the requirements of this Section before the action is taken
with the exceptions specified in 40 CFR 51.850(c). A conformity determination is required for
each pollutant where the total of direct and indirect emissions caused by a federal action would
equal or exceed 100 tons per year of carbon monoxide, nitrogen oxides, or volatile organic
compounds, with the exceptions specified in 40 CFR 51.853(c), (d), or (e). North Carolina
Department of Environment and Natural Resources - Division of Air Quality shall provide
technical assistance for the analysis necessary to determine the conformity of the federal action.
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(b) Notwithstanding any other requirements of this Section, actions specified by individual
federal agencies that have met the requirements of 40 CFR 51.853(g) and (h) are presumed to
conform, except as provided in 40 CFR 51.853(j). Where 40 CFR 51.853(j) is applicable, the
requirements of 40 CFR 51.853(j) shall apply.
(c) Any federal department, agency, or instrumentality of the federal government taking an action
subject to this Section shall comply with the requirements of 40 CFR 51.854 through 51.859.
Any measures that are intended to mitigate air quality impacts shall comply with the requirements
of 40 CFR 51.860.
(d) Notwithstanding any other requirement of this Section, when the total direct and indirect
emissions of any pollutant from a federal action does not equal or exceed the rates specified in 40
CFR 51.853(b), but represents ten percent or more of the maintenance area’s total emissions of
that pollutant, the action is defined as a regionally significant action and the requirements of 40
CFR 51.850 and 51.855 through 51.860 shall apply for the federal action.
(e) Notwithstanding any provision of this Section, a determination that an action is in
conformance with the applicable maintenance plan does not exempt the action from any other
requirement of the applicable maintenance plan, the National Environmental Policy Act of 1969,
as amended (42 U.S.C. 4321 et seq.), or the federal Clean Air Act.
History Note:
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. April 1, 1995;
Amended Eff. July 1, 1998.
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