&EPA
United States
Environmental Protection
Agency
EPA-420-F-10-044
    August 2010
                                           Reference Document
                      Proposed Transportation Conformity Rule Restructuring Amendments
                                    Compared to Existing Conformity Rule

 This comparison table is intended to assist readers in understanding how the conformity rule would be amended if all
 the proposals in the "Transportation Conformity Rule Restructuring Amendments" proposed rule (Docket # EPA-HQ-
 OAR-2009-0128) are finalized. Sections of the conformity rule that would be amended are included in the table below.
 The proposed rule would not amend other sections of the transportation conformity rule. Readers should refer to
 EPA's conformity regulations at 40 CFR Part 93 for current regulatory requirements, and to the proposed rule for the
 revisions EPA has proposed to make to the existing regulations.
Topic
Definitions
Consultation
Conformity
Tests: Ozone
Existing
Section
93.101
93.101
93.105(c)(1)(vi
)
93.109(c)
93.109(d)(1)
93.109(d)(2)
93.109(d)(3)
93.109(d)(4)
Description of Existing Provision
Under "NAAQS," existing paragraphs (1)
through (6) identify specific NAAQS: »<|_
hour ozone NAAQS", "8-hour ozone
NAAQS", "24-hour PM2.5 NAAQS", "1997
PM2.5 NAAQS", "2006 PM2.5 NAAQS",
and "Annual PM10 NAAQS"
"Clean data" definition
Interagency consultation procedures:
Specific processes
1 -hour ozone areas
Use of 8-hour ozone budgets, once
adequate or approved
Use of interim emissions test(s) when no
ozone budgets
Use of interim emissions test(s) for NOx
when no NOx budget
Tests for areas not required to submit a
SIP for ozone areas
Proposed
Section
93.101
93.101
93.105(c)(1)(vi)
N/A
93.109(c)(1)
93.109(c)(3)
93.109(c)(4)
93.109(c)(1), (c)(2),
(c)(3)
Purpose of Proposed
Amendment
Would remove the definitions for
specific NAAQS and would apply
to any ozone, CO, NO2, PM2.5or
PM 10 NAAQS
Would update definition, no
substantive change
Would renumber sections; no other
changes would be made
Would delete an existing section
that is no longer applicable. The 1-
hour ozone NAAQS has been
revoked
Would address all NAAQS

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Topic

Conformity
Tests: CO
Conformity
Tests: PM10
Existing
Section
93.109(d)(5)
93.109(e)(1)
93.109(e)(2)
93.109(e)(3)
93.109(e)(4)
93.109(f)(1)
93.109(f)(2)
93.109(0(3)
—
93.109(0(4)
93.109(g)(1)
93.109(g)(2)
93.109(g)(3)
Description of Existing Provision
Clean data option for moderate and above
ozone areas
Use of 8-hour ozone budgets, once
adequate or approved
Use of 1-hour ozone budgets before area
has 8-hour ozone budgets
Use of interim emissions test(s) when no
ozone budgets
Clean data option for moderate and above
ozone areas
FHWA/FTA projects in CO areas requiring
a hot-spot analysis
Use of CO budgets, once approved or
adequate
Use of interim emissions tests when no CO
budget
Use of adequate or approved CO budget of
another CO NAAQS
Regional conformity tests in CO
nonattainment areas that don't have a
maintenance plan and not required to
submit an attainment demonstration
FHWA/FTA projects in PM10 areas
requiring a hot-spot analysis
Use of PM10 budgets, once approved or
adequate
Use of adequate or approved PM10 budget
of another PM 10 NAAQS
Proposed
Section
93.109(c)(5)
93.109(c)(1)
93.109(c)(2)
93.109(c)(3)
93.109(c)(5)
93.109(d)(1)
93.109(c)(1)
93.109(c)(3)
93.109(c)(2)
93.109(c)(1), (c)(2),
(c)(3)
93.109(d)(1)
93.109(c)(1)
93.109(c)(2)
Purpose of Proposed
Amendment
Would expand clean data flexibility
to any NAAQS for which EPA has
clean data regulations or policies
Would address all NAAQS
Would expand clean data flexibility
to any NAAQS for which EPA has
clean data regulations or policies
Would include hot-spot conformity
test requirements for CO, PM2.5
and PM10 areas
Would address all NAAQS
Would include hot-spot conformity
test requirements for CO, PM2.5
and PM10 areas
Would address all NAAQS

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Topic

Conformity
Tests: NO2
Conformity
Tests: PM2.5
Conformity
Existing
Section
93.109(g)(4)(i)
93.109(g)(4)(ii
)
93.109(h)(1)
—
93.109(h)(2)
93.109(i)(1)
93.109(i)(2)
93.109(0(3)
93.1090(1);
93.1090(2);
93.109(j)(3)
93.109(k)(1)
93.109(k)(2)
93.109(k)(3)
93.109(1)
Description of Existing Provision
Use of interim emissions tests when the
area has no PM10 budget
Use of interim emissions tests if the
submitted PM 10 SIP is a demonstration of
impracticability under CAA 189(a)(1)(B)(ii)
and does not demonstrate attainment
Use of NO2 budgets, once approved or
adequate
Use of adequate or approved NO2 budget
of another NO2 NAAQS
Use of interim emissions tests when area
has no NO2 budget
FHWA/FTA projects in 1997 PM2.5 areas
requiring a hot-spot analysis
Use of 1997 PM2.5 budgets, once
approved or adequate
Use of interim emissions tests when area
has no PM2.5 budget
FHWA/FTA projects in 2006 PM2.5
requiring a hot-spot analysis
Use of 2006 PM2.5 budgets, once
approved or adequate
Use of interim emissions test
FHWA/FTA projects in 2006 PM2.5
requiring a hot-spot analysis
Use of 2006 PM2.5 budgets, once
approved or adequate
Use of 1997 PM2.5 budgets / interim
emission test
areas with limited maintenance plans
Proposed
Section
93.109(c)(3)
93.109(c)(6)
93.109(c)(1)
93.109(c)(2)
93.109(c)(3)
93.109(d)(1)
93.109(c)(1)
93.109(c)(3)
93.109(d)(1)
93.109(c)(1)
93.109(c)(3)
93.109(d)(1)
93.109(c)(1)
93.109(c)(3)
93.109(e)
Purpose of Proposed
Amendment

Would include hot-spot conformity
test requirements for CO, PM2.5
and PM10 areas
Would address all NAAQS
Would include hot-spot conformity
test requirements for CO, PM2.5
and PM10 areas
Would address all NAAQS
Would include hot-spot conformity
test requirements for CO, PM2.5
and PM10 areas
Would address all NAAQS
Would include hot-spot conformity
test requirements for CO, PM2.5
and PM10 areas
Would address all NAAQS
Would renumber sections; no other

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Topic
tests in ...
Hot-spot tests
in...
Budget test

Interim
Emissions
Tests
Baseline Year
for baseline
Existing
Section
93.109(m)
93.109(n)
93.1 16(b)
93.118(b)
93.118(d)
93.119(b)
93.119(c)
93.119(d)
93.119(e)
93.119(b)(1)
(ii)(A)
Description of Existing Provision
areas with insignificant motor vehicle
emissions
isolated rural nonattainment and
maintenance areas
CO areas without an approved attainment
or maintenance plan
Requires consistency with budgets for:
• budget years
• attainment year
• last year of transportation
plan/conformity determination
• intermediate years, no more than
1 0 years apart
Requires regional emissions analysis for:
• attainment year
• last year of transportation
plan/conformity determination
• intermediate years, no more than
1 0 years apart
ozone areas
CO areas
PMIOand NO2 areas
PM2.5 areas
1 -hour ozone areas
Proposed
Section
93.109(f)
93.109(g)
93.1 16(b)
93.118(b)(Sameas
existing)
93.118(d) (Same as
existing)
93.119(b)
93.119(c)
93.119(d)
93.119(d)
N/A
Purpose of Proposed
Amendment
changes would be made
Would update references; no other
changes would be made
Would require consistency with
budgets for:
• budget years, and
• each year that a regional
emissions analysis is done
per proposed §93.118(d)
In addition to current requirements,
if the area's attainment year has
passed, or has not been
established, the first analysis year
would be no more than five years
beyond the year in which
conformity determination is being
made.
Would remove specific baseline
years and move the definition for
"baseline year" to proposed
93.119(e)
Would combine existing 93.119(d)
and (e) into (d).
Would remove specific baseline
years and move the definition for
"baseline year" to proposed
93.119(e)
Would delete existing section. The
1-hour ozone NAAQS has been

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Topic
year test in ...
Existing
Section
93.119(b)(2)
(OKA)
93.119(b)(1)
(ii)(B)
93.119(b)(2)
Not applicable
93.119(c)(1)(ii)
93.119(c)(2)(ii)
Not applicable
93.119(d)(2)
Not applicable
93.119(d)(2)
Description of Existing Provision

moderate and above 1997 8-hour ozone
areas
marginal and below ozone areas not
subject to RFP requirements
any future ozone areas
1990 moderate CO areas with a design
value greater than 12.7ppm
1990 moderate CO areas with a design
value less than 12.7ppm and not classified
CO areas
any future CO areas
1990 PM10 areas
any future PM10 areas
1990 NO2 areas
Proposed
Section

93.119(b)
93.119(e)(3)
93.119(b)
93.119(e)(3)
93.119(b)
93.119(e)(4)
93.119(c)(1)(ii);
93.119(e)(1)
93.119(c)(2)(ii);
93.119(e)(1)
93.119(c)
93.119(e)(4)
93.119(d)(2)
93.119(e)(2)
93.119(d)(2)
93.119(e)(4)
93.119(d)(2)
93.119(e)(1)
Purpose of Proposed
Amendment
revoked
Would remove specific baseline
years and move the definition for
"baseline year" to proposed
93.119(e)
Future baseline years would be
defined as proposed in
93.119(e)(4), which is based on
existing regulatory text in
93.119(e)(2)(B)
Would remove specific baseline
years and move the definition for
"baseline year" to proposed
93.119(e)
Future baseline years would be
defined as proposed in
93.119(e)(4), which is based on
existing regulatory text in
93.119(e)(2)(B)
Would remove specific baseline
years and move the definition for
"baseline year" to proposed
93.119(e)
Future baseline years would be
defined as proposed in
93.119(e)(4), which is based on
existing regulatory text in
93.119(e)(2)(B)
Would remove specific baseline
years and move the definition for

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Topic

Non-federal
projects in...
Existing
Section

Not applicable
93.119(e)(2)
(A)
93.119(e)(2)
(B)
93.121(b)
93.121(c)
Description of Existing Provision

any future NO2 areas
1 997 PM2.5 areas
2006 PM2.5 areas and any future PM2.5
areas
isolated rural nonattainment and
maintenance areas
areas with limited maintenance plans and
areas with insignificant motor vehicle
emissions
Proposed
Section

93.119(d)(2)
93.119(e)(4)
93.119(d)(2)
93.119(e)(3)
93.119(d)(2)
93.119(e)(4)
93.121(b)
93.121(c)
Purpose of Proposed
Amendment
"baseline year" to proposed
93.119(e)
Future baseline years would be
defined as proposed in
93.119(e)(4), which is based on
existing regulatory text in
93.119(e)(2)(B)
Would remove specific baseline
years and move the definition for
"baseline year" to proposed
93.119(e)
Future baseline years would be
defined as proposed in
93.119(e)(4), which is based on
existing regulatory text in
93.119(e)(2)(B)
Would update references; no other
changes would be made
Would update references; no other
changes would be made

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