General Conformity Training Module 4.2: State and Tribal Conformity Implementation

States and Tribes are allowed, but not required, to have their own General Conformity implementation plan. If a State or Tribe adopts an implementation plan for their own General Conformity program, the plan must be at least as stringent as the federal regulations and can be no more stringent than the federal regulations unless the requirements apply to non-federal entities as well.

If the State or Tribe has its own program to assure that all entities conform to the applicable implementation plan, their implementation plan must, at a minimum, be consistent with the federal requirements.

The State or Tribe can use their own plan to identify the appropriate reviewing agencies and other criteria and procedures. States or Tribes that already have an approved General Conformity implementation plan, can submit a revision to incorporate by reference (IBR) the whole of 40 CFR part 93 subpart B, the General Conformity regulations.

Once the plan is adopted by the State or Tribe and approved by EPA as an implementation plan revision, federal agencies are obligated to meet the requirements of the State or Tribal plan. Since the State or Tribal criteria and procedures are approved as part of the implementation plan for the nonattainment or maintenance area, they remain in full force and effect until EPA approves the removal of any parts or portions of the criteria or procedures.