United States                Air and Radiation           EPA420-F-03-037
 Environmental Protection                              October 2003
 Agency

 Office of Transportation and Air Quality

                                                          of

                        for the
                    PM25                               Air
77?e I/. S. Environmental Protection Agency (EPA) is proposing to revise
the transportation conformity rule to include criteria and procedures for
conducting conformity determinations for the new 8-hour ozone and fine
particulate matter (PM2 J national ambient air quality standards
(NAAQS). Transportation conformity is a Clean Air Act requirement that
ensures that federally supported highway and transit project activities
are consistent with ("conform to") the purpose of a state air quality
implementation plan (SIP). EPA is conducting this rulemaking to revise
the conformity regulation in the context ofEPA's broader strategies for
implementing the new ozone and PM25 NAAQS. EPA plans to issue a
final rule for this proposal by 8-hour ozone area designations in April
2004.
Key Elements of the Proposed Rule
  • The proposal provides guidance on how the statutory one-year
    conformity grace period applies to newly designated 8-hour ozone
    and PM25 nonattainment areas.

  • The proposal also describes the general requirements for conduct-
    ing conformity determinations for the new NAAQS, such as the
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    conformity test(s) that would apply before and after applicable 8-
    hour ozone or PM25 SIP motor vehicle emissions budgets are
    established. A motor vehicle emissions budget (or "budget") is the
    level of emissions from cars and trucks that the State has deter-
    mined to be consistent with local air quality goals.

    In addition, the proposal would amend the conformity regulations
    to include PM25 as a criteria pollutant subject to transportation
    conformity and specify the conformity requirements that would
    apply in PM25 areas. Of particular interest are proposed options for:
    (1) considering emissions of PM25 precursors (e.g., nitrogen oxides
    and volatile organic compounds) and fugitive road dust produced
    by travel on paved and unpaved roads in conformity determina-
    tions; and (2) evaluating localized PM25  emissions (or PM25 "hot-
    spots") for individual transportation projects.

    This rulemaking also includes proposed options and minor clarifi-
    cations that would affect nonattainment and maintenance areas
    covered by the existing conformity rule.  These proposed amend-
    ments would provide flexibility in the conformity process and
    streamline the current rule's text for these existing areas, as well as
    for areas designated nonattainment for the new NAAQS.
Health and Environmental Impacts
The proposed rule would not result in any change in the health and
environmental benefits of the conformity program. The proposed rule
would ensure that conformity is practicably implemented for the new 8-
hour ozone and PM25 NAAQS in a manner consistent with the Clean Air
Act's public health and environmental goals.
Public Participation Opportunities
We welcome your comments on this proposed rule. For instructions on
submitting written comments, please see the Federal Register notice.
You may submit written comments to EPA up to 45 days after the pro-
posed rule is published in the Federal Register. It is available from the
EPA Air Docket by calling (202) 566-1742; please refer to Docket No.
OAR-2003-0049.

In addition, EPA is conducting one public hearing on this proposal
beginning at 9:30 a.m. on Thursday, December 4, 2003 in Washington,

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B.C. If you want to present testimony about this proposal at the public
hearing, notify one of the contact persons listed below.

You can access the proposed rules and related documents on the Office
of Transportation and Air Quality Web site at:

    http://www.epa.gov/otaq/transp/traqconf.htm
For More information
For more information, please contact:

    Meg Patulski
    U.S. Environmental Protection Agency
    Transportation and Regional Programs Division
    2000 Traverwood Drive
    Ann Arbor, MI 48105
    (734)214-4842
    E-mail: patulski.meg@epa.gov

    Rudy Kapichak
    U.S. Environmental Protection Agency
    Transportation and Regional Programs Division
    2000 Traverwood Drive
    Ann Arbor, MI 48105
    (734)214-4574
    E-mail: kapichak.rudolph@epa.gov

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