The Rochester Metropolitan Statistical Area (MSA) was designated by the U.S. Environmental Protection Agency (EPA) as being in nonattainment of the National Ambient Air Quality Standard (NAAQS) for ground-level ozone on April 15, 2004. The EPA determined new nonattainment area designations for 2008 Ozone NAAQS on May 21, 2012 and for the 2015 Ozone NAAQS on November 16, 2017, which show the Rochester, NY area in attainment.

On February 16, 2018, the U.S. Court of Appeals for the District of Columbia Circuit in South Coast Air Quality Mgmt. District v. EPA (“South Coast II,” 882 F.3d 1138) held that transportation conformity determinations must be made in areas that were designated either nonattainment or maintenance for the 1997 Ozone NAAQS and attainment for the 2008 Ozone NAAQS when the 1997 Ozone NAAQS was revoked (so-called “Orphan Areas”).

Pursuant to the Clean Air Act Amendments of 1990 (CAAA), the long range transportation plan and transportation improvement program for the Rochester MSA must receive a positive conformity determination from the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) to demonstrate that projects contained therein do not hinder the MSA in attaining the NAAQS for ground-level ozone.

Accordingly, GTC and the New York State Department of Transportation (NYSDOT) work cooperatively to conduct the required analysis to ensure that federally-funded transportation improvements in the Rochester MSA conform to federal air quality standards. This analysis is included in a conformity statement that is approved by FHWA and FTA.

Below find more information about the Conformity Statement adopted in 2019 as well as the Statement under consideration in 2021.