If an area voluntarily determines 8-hour conformity early, would that start the three-year update clock?
Yes, if the 8-hour conformity determination is based on a new regional emissions analysis (see below). For example, if FHWA/FTA determines 8-hour conformity of an MPO’s transportation plan and TIP, based on a new regional emissions analysis, on April 1, 2005, the 3-year update clock would start on April 1, 2005. Therefore, the next 8-hour conformity determination based on a new regional emissions analysis would be required by April 1, 2008. However, plan/TIP update requirements, as well as the conformity frequency requirements of 40 CFR 93.104(b), (c), and (e) for other pollutants, would still apply. In other words, the 8-hour conformity determination in this case might not satisfy the plan/TIP update frequency requirements of the planning regulations, nor the frequency requirements of 40 CFR 93.104(b), (c), and (e) for other applicable pollutants.
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