6o
Proposed Rule:
Transportation Conformity Rule
Amendments to Implement Provisions
Contained in SAFETEA-LU
The U.S. Environmental Protection Agency (EPA) is proposing
changes to the transportation conformity rule to make the rule
consistent with the Clean Air Act as amended by the most recent
transportation funding legislation, the Safe, Accountable, Flexible,
Efficient Transportation Act: A Legacy for Users (SAFETEA-LU).
Key Elements of the Proposed Rule
The proposed rule would update the regulation as follows:
• Change the required frequency of conformity determinations for
transportation plans and transportation improvement programs from at
least every three years to every four years.
• Give areas two years, increased from 18 months, to make a conformity
determination in response to a new air quality budget in a state air quality
implementation plan.
• Provide a one-year grace period before the consequences of a conformity
lapse apply when an area misses certain conformity deadlines. During
the lapse grace period, an area would be able to make conformity
determinations for projects.
• Give areas the flexibility to shorten the timeframe covered by a
conformity determination, if the local transportation planning agency
elects to do so. The proposed rule specifies criteria and procedures
that would apply when shortening the timeframe of a conformity
determination, including what must occur before an area makes an
election, what period of time must be covered under a shortened
timeframe, and what years must be analyzed under a shortened timeframe.
Office of Transportation and Air Quality
United States
Environmental Protection E PA420-F-07-018
Agency Apri| 2Q07
-------
• Streamline the requirements for state conformity implementation plans ("conformity
SIPs").
• Address the statute's provision that allows areas to substitute or add transportation
control measures without a SIP revision.
In addition, this proposed rule includes other proposed changes not related to SAFETEA-LU.
This proposed rule would:
• Allow the U.S. Department of Transportation (DOT) to make categorical hot-spot
findings for projects in carbon monoxide areas. DOT can currently make categorical
hot-spot findings for projects in particulate matter (both PM2.5 and PM10) areas.
• Remove the provision that allowed 8-hour ozone areas to use other tests for
conformity instead of their 1-hour budgets where the other tests were more
appropriate. This provision no longer applies because it was vacated by the U.S.
Court of Appeals for the District of Columbia Circuit on October 20, 2006.
• Update terms and make other minor changes for clarification or to ensure the rule is
consistent with other EPA and DOT regulations.
Background
Transportation conformity is a Clean Air Act requirement that ensures that federally supported
highway and transit projects are consistent with ("conform to") the purpose of a state air quality
implementation plan. Conformity ensures that public health is protected by early consideration
of the air quality impacts of transportation decisions in places where air quality does not
currently meet national standards or has not met them in the past.
Enacted in August 2005, SAFETEA-LU authorizes funding of the nation's transportation
infrastructure. This legislation made several changes to the conformity portion of the Clean Air
Act.
Health and Environmental Benefits
Though the proposed rule would make the conformity program more flexible, health and air
quality would continue to be protected. As always, transportation activities — transportation
plans, transportation improvement programs, and individual transportation projects — must be
found to conform before they can be adopted. In addition, conformity must still be determined
on a regular basis.
Office of Transportation and Air Quality
Transportation Conformity Rule Amendments 2
-------
Public Participation Opportunities
We welcome your comments on this proposed rule. Comments will be accepted for 30 days
beginning when this proposal is published in the Federal Register. All comments should be
identified by Docket ID No. EPA-HQ-OAR-2006-0612 and submitted by one of the following
methods:
Internet: www.regulations.gov
E-mail: A-and-R-Docket@epa.gov
Mail:
Environmental Protection Agency
Air and Radiation Docket and Information Center (6102T)
1200 Pennsylvania Avenue NW
Washington, DC 20460
Hand Delivery:
EPA West Building
EPA Docket Center (Room 3340)
1301 Constitution Avenue NW
Washington, DC
For More Information
You can access documents on transportation conformity on EPA's Office of Transportation and
Air Quality Web site at:
www.epa.gov/otaq/stateresources/transconf/index.htm
For further information on this proposed rule, please contact
Rudy Kapichak
U.S. Environmental Protection Agency
Office of Transportation and Air Quality
2000 Traverwood Drive
Ann Arbor, MI 48105
734-214-4574
E-mail: kapichak.rudolph@epa.gov
or
Laura Berry
U.S. Environmental Protection Agency
Office of Transportation and Air Quality
2000 Traverwood Drive
Ann Arbor, MI 48105
734-214-4858
E-mail: berry.laura@epa.gov
Office of Transportation and Air Quality
Transportation Conformity Rule Amendments 3
------- |