&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no substantive change Would renumber sections; no other changes would be made Would delete an existing section that is no longer applicable. The 1- hour ozone NAAQS has been revoked Would address all NAAQS ------- Topic Conformity Tests: CO Conformity Tests: PM10 Existing Section 93.109(d)(5) 93.109(e)(1) 93.109(e)(2) 93.109(e)(3)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 ------- 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 ------- 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 ------- 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 ------- 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 ------- |