Dover/Kent County MPO

Air Quality Conformity

The Kent County Air Quality Conformity Analysis Report was required after a February 2018 a US Court of Appeals decision against the EPA regarding the EPA’s rule implementing the 2008 ozone (which was the standard used in determining our being “in-attainment”).  This decision basically reverted air conformity compliance back to the 1997 Ozone standards and as a result of this court decision, 82 identified MPO areas (the D/KC MPO is part of these 82 areas) were being considered “not in attainment” with the 1997 Ozone standard.  On October 1, 2018 the Federal Highway Administration (FHWA) issued Interim Guidance on Conformity requirements for the 1997 Ozone National Ambient Air Quality Standards (NAAQS) which also “strongly encourages all impacted areas to make every effort to complete their 1997 ozone conformity determinations as soon as possible to prevent delays of transportation plans, programs, and non-exempt projects.”  Furthermore, the FHWA guidance indicated that conformity determinations for the 1997 Ozone NAAQS will be required on plan, TIP and project actions after February 15, 2019. 

Air Quality Conformity Report in conjunction with FY2020-FY2023 TIP