5.1 Preamble

With the enactment of the Clean Air Act Amendments of 1990, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), the Transportation Equity Act for the 21st Century (TEA-21), and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Congress took steps to advance two essential national goals: achieving air quality standards and providing for the transportation needs of the American people. The Governors strongly support the attainment of both of these goals and believe that neither should be sacrificed in pursuit of the other.

To meet air quality standards and provide a safe and efficient transportation system, state governments must devise workable and acceptable programs that will meet the particular needs of the nation’s many diverse regions. The Governors affirm their responsibility under the Clean Air Act to see that all sectors of their states work together to attain clean air standards as expeditiously as practicable, and to subsequently maintain these standards. To this end, Governors also urge the federal government to enable states to be innovative and address the problems in each state in the most effective manner.

5.2 General Principles

The Governors support approaches that will facilitate achievement of the clean air and transportation goals of individual states and retain the ability of state agencies to work collaboratively to implement conformity effectively. Governors urge the U.S. Environmental Protection Agency and the U.S. Department of Transportation to respect the following general principles.

• Governors believe that transportation conformity requirements can and should continue to be made more effective and workable for the states.
• Governors urge the regulatory agencies to provide states with the flexibility to develop and implement air quality plans that meet the goals of the Clean Air Act Amendments, incorporating programs and strategies best suited for each state.
• Governors urge implementing agencies to ensure that conformity rules respect the role of the Governor as the chief administrative officer of the state.
• Governors believe that legislative and regulatory changes to the conformity requirements should avoid major interruptions of the multiyear planning, design, and construction process of transportation projects, so that projects can be brought to completion without costly delays while not impeding a state’s ability to achieve and maintain air quality standards and goals.
• Governors support an objective and comprehensive evaluation of the conformity process that involves all sectors, including the public, and that examines short- and long-term impacts, the degree of flexibility and accountability provided, and effectiveness. The results from any such assessment should be used to improve or revise the conformity process to help states address current and future air quality challenges while maintaining a safe and efficient transportation system.

* Identical to Policy EDC-2. The Natural Resources Committee and the Economic Development and Commerce Committee have joint jurisdiction over this policy.

Time limited (effective Winter Meeting 2008–Winter Meeting 2010).
Adopted Annual Meeting 1993; revised Annual Meeting 1995, Annual Meeting 1997, Annual Meeting 1999, and Winter Meeting 2001; reaffirmed Winter Meeting 2003; revised Annual Meeting 2003; reaffirmed Winter Meeting 2004; revised Winter Meeting 2006 and Winter Meeting 2008.