Section 176(c) of the Clean Air Act Amendments of 1990, 42 U.S.C. 7506(c) , establishes a conformity requirement for Federal agencies which has been implemented by regulation, 40 CFR 93 , subpart B. All EIAP documents must address applicable conformity requirements and the status of compliance. Conformity applicability analyses and determinations are developed in parallel with EIAP documents, but are separate and distinct requirements and should be documented separately. To increase the utility of a conformity determination in performing the EIAP, the conformity determination should be completed prior to the completion of the EIAP so as to allow incorporation of the information from the conformity determination into the EIAP. See AFI 32-7040, Air Quality Compliance.
32 C.F.R. §989.30