Air Quality Regulations & Guidance
The National Environmental Policy Act (NEPA) requires federal agencies, in cooperation with state and local governments, to address the environmental impacts of a proposed federal action or an action that receives federal funds. CDOT must comply with NEPA and the environmental procedures established by the Federal Highway Administration (FHWA), which includes air quality requirements.
Nonattainment and attainment/maintenance areas are subject to requirements under the transportation conformity regulation (40 CFR 93), which ensures that federal funding and approval goes to transportation projects that meet air quality goals.
Both regional and local analyses are needed to demonstrate project level conformity for roadway improvements:
- Regional conformity is demonstrated by the project being included in a fiscally-constrained, air-quality-conforming plan or program to address long-term and regional air quality impacts that may come from modifying the transportation system as described above.
- Local (also called hot-spot, project level, or micro-scale) conformity is demonstrated by showing that an individual project will not contribute to any new local violations, increase the frequency or severity of any existing violation, or delay timely attainment of the NAAQS or any required interim emissions reductions or other milestones.
The following CDOT guidance shall be used for projects that have a Scoping Date that is on or after February 14, 2019.
- Air Quality Project-Level Analysis Guidance (AQ-PLAG) - email David Messmer ([email protected]) for a copy.
- FHWA's January 18, 2023, Updated Interim Guidance on MSATs should be used to conduct MSAT analyses. Also refer to FHWA's Frequently Asked Questions.
Additional related guidance
AASHTO
- Practitioner’s Handbook: Addressing Air Quality Issues in the NEPA Process for Highway Projects, June 2017
CDOT
- NEPA Manual, Chapter 9 – Resource Considerations, Section 9.2 (Air Quality), June 2023
- Transportation Conformity: Exempt Project Interpretations for 40 CFR 93.126 memo, November 2017
- Maintenance Area Conformity End Dates and FAQs
EPA
- Policy and technical guidance
- Transportation Conformity Guidance for Quantitative Hot-Spot Analyses in PM5 and PM10 Nonattainment and Maintenance Areas, October 2021 (EPA-420-B-21-037)
FHWA
- Technical Advisory T 6640.8A, Guidance for Preparing and Processing Environmental and Section 4(f) Documents, October 30, 1987
- Transportation Conformity: A Basic Guide for State & Local Officials, February 2017 (FHWA-HEP-17-034)