air pollution control agency
(7) Conformity horizon for transportation plans.— (A) In general .— Each conformity determination required under this section for a transportation plan under section 134(i) of title 23 or section 5303(i) of title 49 shall require a demonstration of conformity for the period ending on either the final year of the transportation plan, or at the election of the metropolitan planning organization, after consultation with the air pollution control agency and solicitation of public comments and consideration of such comments, the longest of the following periods: (i) The first 10-year period of any such transportation plan. (ii) The latest year in the implementation plan applicable to the area that contains a motor vehicle emission budget. (iii) The year after the completion date of a regionally significant project if the project is included in the transportation improvement program or the project requires approval before the subsequent conformity determination. (B) Regional emissions analysis .— The conformity determination shall be accompanied by a regional emissions analysis for the last year of the transportation plan and for any year shown to exceed emission budgets by a prior analysis, if such year extends beyond the applicable period as determined under subparagraph (A). (C) Exception .— In any case in which an area has a revision to an implementation plan under section 7505a(b) of this title and the Administrator has found the motor vehicles emissions budgets from that revision to be adequate in accordance with section 93.118 (e)(4) of title 40, Code of Federal Regulations (as in effect on October 1, 2004 ), or has approved the revision, the demonstration of conformity at the election of the metropolitan planning organization, after consultation with the air pollution control agency and solicitation of public comments and consideration of such comments, shall be required to extend only through the last year of the implementation plan required under section 7505a(b) of this title . (D) Effect of election .— Any election by a metropolitan planning organization under this paragraph shall continue in effect until the metropolitan planning organization elects otherwise. (E) Air pollution control agency defined .— In this paragraph, the term “air pollution control agency” means an air pollution control agency (as defined in section 7602(b) of this title ) that is responsible for developing plans or controlling air pollution within the area covered by a transportation plan.