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If an MPO contains portions of more than one nonattainment/maintenance area, must it determine conformity of the different areas at the same time?

April 26, 2017area areas Conformity determine different maintenance mpo nonattainment portions

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If an MPO contains portions of more than one nonattainment/maintenance area, must it determine conformity of the different areas at the same time?

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No. Clean Air Act section 176(c)(5) specifically states that conformity applies in nonattainment and maintenance areas. Therefore, and MPO that includes multiple nonattainment areas may determine conformity separately for the portion of its plan/TIP in each separate nonattainment or maintenance area. Ideally, the MPO should determine conformity of both portions of its plan/TIP at the same time. However, precedents have been set where this is not the case. In other words, conformity might be determined on the portion of the plan/TIP in one nonattainment area, but not in the other. Note, that the MPO must meet the transportation planning regulations for plans and TIPs in 23 CFR 450.