On February 16, 2018, the United States 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 either nonattainment or maintenance for the 1997 ozone national ambient air quality standard (NAAQS) and attainment for the 2008 ozone NAAQS when the 1997 ozone NAAQS was revoked. These conformity determinations are required in these areas after February 16, 2019. The Delaware County-Muncie, Indiana area was designated a maintenance area at the time of the 1997 ozone NAAQS revocation on April 6, 2015 and was also designated attainment for the 2008 ozone NAAQS on May 21, 2012. Therefore, per the South Coast II decision, this conformity determination is being made for the 1997 ozone NAAQS on the TP and TIP for the Delaware County-Muncie, Indiana “orphan area”.

This conformity determination was completed consistent with CAA requirements, existing associated regulations at 40 CFR Parts 51.390 and 93, and the South Coast II decision, according to EPA’s Transportation Conformity Guidance for the South Coast II Court Decision issued on November 29, 2018.

The Local Public Agency (LPA) projects in the FY 2020-2024 DMTIP include two road reconstruction (Des #1173229 Wheeling Av CE, 1700752 Riggin Rd) with turn lanes and bike/ped features, a roundabout (Des 1700678 River/Nebo Roads), four bike/ped projects (Des #1592998/1702868 Nebo, 1700751 Ph1 Cultural Trail, 1700773 Ph2 Cultural Trail, 1700774 Ph3 Kitselman), three bridge replacements (Des 1700680 BR#125, Des 1700681 BR#127, 1700682 BR#502), Work Program funds for FY 2020 (Des 1801325), a rural bridge replacement (Des 9680560 BR#161) and Bridge Inspections/Report (Des #1500279). None of these improvements are expansions adding traffic capacity and they should be considered exempt projects for air quality conformity purposes. The state highway projects by INDOT in the FY 2024 DMTIP include various preventative maintenance projects, various bridge improvement projects, three intersection improvement projects adding turn lanes, and a few safety and signage projects. None of the improvements in the state projects are expansions adding traffic capacity and they should be considered exempt projects for air quality conformity purposes. The Muncie Indiana Transit System (MITS) projects were for operating assistance, replacement staff vehicles, replacement transit vehicles, a roof replacement for their administration/transit garage building. All of the transit projects were necessary toward maintaining the existing urban transit service.