[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Rules and Regulations]
[Pages 7449-7453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3003]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 93

[FRL-5149-8]


Transportation Conformity Rule Amendments: Transition to the 
Control Strategy Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: This action aligns the timing of certain transportation 
conformity consequences with the imposition of Clean Air Act highway 
sanctions for a six-month period. For ozone nonattainment areas with an 
incomplete 15% emissions-reduction state implementation plan with a 
protective finding; incomplete ozone attainment/3% rate-of-progress 
plan; or finding of failure to submit an ozone attainment/3% rate-of-
progress plan, and areas whose control strategy implementation plan for 
ozone, carbon monoxide, particulate matter, or nitrogen dioxide is 
disapproved with a protective finding, the conformity status of the 
transportation plan and program will not lapse as a result of such 
failure until highway sanctions for such failure are effective under 
other Clean Air Act sections.
    This action delays the lapse in conformity status, which would 
otherwise prevent approval of new highway and transit projects, and 
allows States more time to prevent the lapse by submitting complete 
control strategy implementation plans. EPA is issuing this interim 
final rule, effective for a six-month period, without prior proposal in 
order to prevent previously unforeseeable delays in State ozone 
implementation plan development from causing widespread conformity 
lapsing. In a parallel action in this Federal Register, EPA is 
requesting comment on this interim final rule and on similar but 
permanent rule changes.

EFFECTIVE DATE: This interim final rule is effective on February 8, 
1995 until August 8, 1995.

ADDRESSES: Materials relevant to this rulemaking are contained in 
Docket No. A-95-02. The docket is located in room M-1500 Waterside Mall 
(ground floor) at the Environmental Protection Agency, 401 M Street 
SW., Washington, DC 20460. The docket may be inspected from 8 a.m. to 4 
p.m., Monday through Friday, including all non-government holidays.

FOR FURTHER INFORMATION CONTACT: Kathryn Sargeant, Emission Control 
Strategies Branch, Emission Planning and Strategies Division, U.S. 
Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, MI 
48105. (313) 668-4441.

SUPPLEMENTARY INFORMATION:

I. Background

A. Transportation Conformity Rule

    The final transportation conformity rule, ``Criteria and Procedures 
for Determining Conformity to State or Federal Implementation Plans of 
Transportation Plans, Programs, and Projects Funded or Approved Under 
Title 23 U.S.C. or the Federal Transit Act,'' was published November 
24, 1993 (58 FR 62188) and amended 40 CFR parts 51 and 93. The Notice 
of Proposed Rulemaking was published on January 11, 1993 (58 FR 3768).
    Required under section 176(c) of the Clean Air Act, as amended in 
1990, the transportation conformity rule established the criteria and 
procedures by which the Federal Highway Administration, the Federal 
Transit Administration, and metropolitan planning organizations 
determine the conformity of federally funded or approved highway and 
transit plans, programs, and projects to state implementation plans 
(SIPs). According to the Clean Air Act, federally supported activities 
must conform to the implementation plan's purpose of attaining and 
maintaining the national ambient air quality standards.
    The final transportation conformity rule requires that conformity 
determinations use the motor vehicle emissions budget(s) in a submitted 
``control strategy'' SIP (defined below), and the rule includes special 
provisions to address failures in control strategy SIP development. 
These failures include failure to submit a control strategy SIP, 
submission of an incomplete control strategy SIP, or disapproval of a 
control strategy SIP. Specifically, according to 40 CFR 51.448 (and 40 
CFR 93.128), following these SIP development failures, no new or 
amended transportation plans or transportation improvement programs 
(TIPs) may be found to conform to the SIP after a certain grace period 
(i.e., the existing transportation plan and TIP are ``frozen''), and 
eventually, the conformity status of the existing transportation plan 
and TIP lapses.
    When the conformity status of the transportation plan and TIP 
lapses, no new project-level conformity determinations may be made, and 
the only federal highway and transit projects which may proceed are 
exempt or grandfathered projects. Non-federal [[Page 7450]] highway or 
transit projects may be adopted or approved by recipients of funds 
designated under title 23 U.S.C. or the Federal Transit Act only if 
they are not regionally significant.
    As described in the preamble to the final transportation conformity 
rule (58 FR 62191-3), EPA developed these requirements in response to 
public comments which claimed that the proposed interim period 
conformity criteria (e.g., the ``build/no-build test'') did not ensure 
emissions reductions consistent with Clean Air Act requirements for 
reasonable further progress and attainment, and which emphasized the 
importance of emissions budgets in determining conformity. EPA imposed 
restrictions such as conformity lapsing where the State failed to 
establish emission budgets in a timely fashion, because EPA believed 
that in the prolonged absence of a control strategy SIP, preventing new 
conformity determinations and postponing new commitments of funds would 
prevent uncontrolled emissions increases while the State was 
establishing its control strategies.

B. Control Strategy SIP Requirements

    Control strategy SIPs include 15% rate-of-progress plans, 
reasonable further progress plans, and attainment demonstrations.
    Clean Air Act section 182(b)(1) required moderate and above ozone 
nonattainment areas to submit a 15% volatile organic compound emission 
reduction rate-of-progress plan by November 15, 1993. Moderate ozone 
areas were also required by that section to submit an attainment 
demonstration by this date if they were not using photochemical grid 
modeling to develop the demonstration.
    Serious and above ozone nonattainment areas (and moderate ozone 
nonattainment areas using photochemical grid modeling under EPA's 
interpretation of section 182(b)(1)) were required to submit an 
attainment demonstration by November 15, 1994 under Clean Air Act 
section 182(c)(2)(A). Clean Air Act section 182(c)(2)(B) also required 
serious and above ozone nonattainment areas to submit by this date a 
reasonable-further-progress (or rate-of-progress) plan for 3% annual 
emission reductions until the attainment date.
    Carbon monoxide (CO) nonattainment areas classified as moderate 
with design value greater than 12.7 parts per million or serious were 
required by Clean Air Act section 187(a)(7) to submit an attainment 
demonstration by November 15, 1992.
    Areas in nonattainment for particulate matter less than a nominal 
10 microns in aerodynamic diameter (PM-10) were required to submit an 
attainment demonstration at varying dates depending upon their date of 
classification, but Clean Air Act section 189(a)(1)(B) required many 
areas to submit the attainment demonstration by November 15, 1991.
    Nitrogen dioxide (NO2) areas were required by Clean Air Act 
section 191 to submit an attainment demonstration by May 15, 1992.

II. Description of Interim Final Rule

A. Incomplete 15% SIPs and Disapprovals With Protective Findings

    This interim final rule delays the lapse in transportation plan/TIP 
conformity until Clean Air Act section 179(b) highway sanctions are 
effective, for areas with a 15% SIP which EPA found incomplete but 
noted in the finding (according to 40 CFR 51.448(c)(1)(iii)) that the 
submittal would have been considered complete with respect to 
requirements for emission reductions if all committed measures had been 
submitted in enforceable form as required by Clean Air Act section 
110(a)(2)(A) (i.e., incomplete with a ``protective finding''). EPA is 
also similarly delaying the conformity lapse which results from EPA 
disapproval of a control strategy SIP with a ``protective finding'' as 
described in 40 CFR 51.448(a)(3) and (d)(3). Clean Air Act highway 
sanctions will become effective in both types of areas two years 
following the date of EPA's incompleteness determination or 
disapproval, unless the State remedies the failure.
    Under the November 1993 transportation conformity rule, the 
conformity status of the transportation plan and TIP lapses in such 
areas twelve months following the incompleteness determination or 
disapproval, unless another SIP is submitted to EPA and found to be 
complete. This interim final rule delays the transportation plan/TIP 
conformity lapse. It also restores the conformity status of 
transportation plans and TIPs for which twelve months have already 
elapsed since EPA made the incompleteness determination or disapproval 
with protective finding, provided conformity has not lapsed for other 
reasons under the transportation conformity rule. A list of areas with 
incomplete 15% SIPs with protective findings (and the dates of those 
EPA findings) is in the docket.
    EPA is delaying the transportation plan/TIP conformity lapse in 
these areas because the agency now believes that a twelve-month period 
to make these control strategy SIPs fully enforceable is a too 
stringent definition of ``timely'' SIP development in this particular 
context, given the lengthy legislative and administrative processes of 
many States. Although EPA believed this time period was appropriate at 
the time EPA promulgated the transportation conformity rule, EPA has 
now seen that in practice the time was too short to be reasonable for 
purposes of determining when transportation plans and TIPs should lapse 
following SIP development failures.
    EPA believes it is appropriate to allow States more time to 
complete these SIPs before negative conformity consequences are 
imposed, particularly because in these areas with incompleteness 
findings or disapprovals with protective findings, the State has 
developed motor vehicle emissions budget(s) which are part of an 
overall strategy to achieve the required emission reductions and 
therefore are appropriate for use in conformity determinations. In 
these areas, lapsing is not necessary in the short term to prevent 
uncontrolled motor vehicle emissions increases while the State 
completes the SIP, because the motor vehicle emissions budget(s) are 
already applying in conformity determinations as a constraint.
    However, EPA continues to believe that a conformity lapse is 
appropriate in the prolonged absence of a complete control strategy 
SIP. In such cases, EPA can no longer remain confident that states will 
be able to adopt and implement the rules necessary to support the SIP 
emissions budget. EPA believes that the application of Clean Air Act 
highway sanctions signifies that SIP development has not proceeded in a 
timely fashion and, therefore, that the conformity process should 
ensure that significant new transportation projects will not be 
undertaken.

B. Ozone Attainment/3% Rate-of-Progress SIPs

    For ozone nonattainment areas which fail to submit an attainment 
SIP due November 15, 1994 (including moderate areas using photochemical 
grid modeling) and/or a 3% rate-of-progress SIP revision (hereafter 
called an ``attainment/3% rate-of-progress SIP''), this interim final 
rule similarly delays the transportation plan/TIP conformity lapse 
until Clean Air Act highway sanctions are effective. Clean Air Act 
highway sanctions apply in these areas two years following the date of 
EPA's finding of failure to submit, unless the State remedies the 
failure. This rule also [[Page 7451]] eliminates the transportation 
plan/TIP ``freeze'' in these areas.
    Under the November 1993 transportation conformity rule, in ozone 
nonattainment areas where EPA finds a failure to submit the attainment/
3% rate-of-progress SIP, no new or amended transportation plans or TIPs 
could be adopted after March 15, 1995 (i.e., the existing 
transportation plan/TIP would be ``frozen''). The conformity status of 
the transportation plan and TIP would have lapsed November 15, 1995.
    This interim final rule also delays the transportation plan/TIP 
conformity lapse until the application of Clean Air Act highway 
sanctions for ozone nonattainment areas with incomplete attainment/3% 
rate-of-progress SIPs. This rule also eliminates the transportation 
plan/TIP ``freeze'' for these areas.
    Under the November 1993 transportation conformity rule, if EPA 
found an area's ozone attainment/3% rate-of-progress SIP incomplete 
without a protective finding, the transportation plan/TIP would have 
``frozen'' 120 days following EPA's incompleteness finding, and the 
conformity status of the transportation plan/TIP would have lapsed 
November 15, 1995. For areas for which EPA made an incompleteness 
determination with a protective finding, the conformity status of the 
transportation plan/TIP would have lapsed twelve months from the date 
of the incompleteness finding (no ``freeze'' would have occurred).
    Under this interim final rule, in any ozone nonattainment area with 
an incomplete attainment/3% rate-of-progress SIP, the conformity status 
of the transportation plan/TIP will not lapse until Clean Air Act 
section 179(b)(1) highway sanctions are effective as a result of the 
incompleteness (provided the conformity status of the transportation 
plan and TIP does not lapse for other reasons under the transportation 
conformity rule). Consequently, there will be no distinction among 
incompleteness determinations regarding protective findings.
    EPA is delaying the transportation plan/TIP conformity lapse due to 
failure to submit and incomplete ozone attainment/3% rate-of-progress 
SIPs because unforeseeable delays in the development of these SIPs, 
including delays beyond the control of state air quality planning 
agencies due to the complexity of required modeling, have convinced the 
agency that the grace periods in the November 1993 rule constitute a 
too stringent definition of ``timely'' establishment of emissions 
budgets in this particular context. Since states have been proceeding 
towards SIP development and delays have not been within their control, 
EPA now believes that the original grace period is unreasonable.
    However, EPA continues to believe that conformity lapsing is 
appropriate in the prolonged absence of a complete ozone attainment/3% 
rate-of-progress SIP. EPA believes that the application of Clean Air 
Act highway sanctions signifies that SIP development has not proceeded 
in a timely fashion and, therefore, that the conformity process should 
ensure that significant new transportation projects will not be 
undertaken.

C. Other Control Strategy SIPs

    This interim final rule does not change the consequences in 40 CFR 
51.448 for disapproval of any control strategy SIP without a protective 
finding; for failure to submit or submission of incomplete CO, PM-10, 
or NO2 attainment demonstrations; or for failure to submit or 
submission of incomplete 15% SIPs without protective findings. EPA 
believes that transportation plan/TIP ``freeze'' and conformity lapse 
is appropriate as currently required because in these cases adequate 
emissions budgets have not been established in a timely fashion.

III. Rulemaking Process

A. Rulemaking Procedures

    This rule is being published as an interim final rule without 
benefit of a prior proposal and public comment period because EPA finds 
that ``good cause'' exists for deferring those procedures until after 
publishing the changes as an interim final rule. Good cause exists for 
two reasons. First, it is contrary to the public interest for the 
transportation conformity rule to halt implementation of transportation 
plans, programs, and projects when for the reasons described above EPA 
believes that such delay is not necessary at this time for the lawful 
and effective implementation of Clean Air Act section 176(c).
    Furthermore, the conformity consequences for ozone areas which this 
interim final rule delays would have occurred before full notice-and-
comment rulemaking could have been completed. EPA could not have 
initiated full notice-and-comment rulemaking far enough in advance to 
effectively delay the conformity consequences at issue because it was 
first necessary to evaluate the States' progress in control strategy 
SIP development and submission, and to determine whether the existing 
grace periods were appropriate. In addition, it is possible that a 
disapproval with a protective finding could have occurred during the 
full notice-and-comment rulemaking process. Thus, it was impracticable 
to provide notice-and-comment procedures prior to the time by which EPA 
needs to implement these changes to avoid the conformity consequences 
that would otherwise result under the existing rule.
    Although prior notice-and-comment rulemaking was impracticable, a 
draft of this rule was distributed to representatives of affected State 
and local transportation and air quality planning agencies and the 
public, and a conference call was held with stakeholders such as the 
State and Territorial Air Pollution Program Administrators/Association 
of Local Air Pollution Control Officials, the American Association of 
State Highway and Transportation Officials, the American Public Transit 
Association, the National Association of Regional Councils, the 
American Association of Metropolitan Planning Organizations, the 
National Governors' Association, the Surface Transportation Policy 
Project, the Environmental Defense Fund, the Natural Resources Defense 
Council, the Sierra Club Legal Defense Fund, the Highway Users 
Federation, and the American Road and Transportation Builders 
Association to solicit input on the interim final rule prior to 
promulgation.
    In addition, the Secretary of Transportation reviewed and concurred 
with this interim final rule.
    This interim final rule is taking effect immediately upon 
publication because, as described above, conformity lapsing which is 
contrary to the public interest would otherwise be occurring during the 
30-day period between publication and the effective date ordinarily 
provided under the Administrative Procedures Act (APA), 5 U.S.C. 
553(d). EPA finds good cause to make this interim final rule effective 
immediately for the same reasons described above in justification of 
taking final action without prior proposal. In addition, this rule 
relieves a restriction and, therefore, qualifies for an exception from 
the APA's 30-day advance-notice period under 5 U.S.C. 553(d)(1).
    The provisions of this interim final rule shall apply only for six 
months, during which time EPA will conduct full notice-and-comment 
rulemaking on these provisions and whether to make these provisions 
permanent. A proposed rule is published in the proposed rule section of 
this Federal Register, and the public comment period on this proposal 
will last until March 10, 1995. Public [[Page 7452]] comments will be 
addressed in a subsequent final rule, which will be promulgated before 
the six-month limit on the applicability of this interim final rule 
expires.

B. Future Amendments to the Transportation Conformity Rule

    EPA intends to make additional limited amendments to the 
transportation conformity rule. EPA intends to clarify certain 
ambiguous language in 40 CFR 51.448 and 93.128 to ensure implementation 
consistent with the intent of EPA and the Department of Transportation 
(DOT), as expressed in guidance memoranda issued since November 1993. 
These changes are necessary to have legal certainty that the amendments 
promulgated today will continue to have their intended effect.
    In addition, EPA intends to amend the transportation conformity 
rule in order to allow transportation control measures which are in an 
approved SIP and have been included in a conforming transportation plan 
and TIP to proceed even if the conformity status of the current 
transportation plan and TIP has lapsed.
    EPA is not issuing these amendments in this interim final rule 
because prior notice-and-comment rulemaking is not impracticable in 
these cases. EPA intends to propose these amendments in a Notice of 
Proposed Rulemaking within the next several months, and representatives 
from the organizations listed above will be given an opportunity to 
comment on a draft NPRM this month.
    Since publication of the transportation conformity rule in November 
1993, EPA, DOT, and state and local air and transportation officials 
have had experience implementing the criteria and procedures in the 
rule. It is that mutual experience which leads to the amendments which 
EPA will be proposing today and in the very near future. In each case, 
the amendments are needed to clarify ambiguities, correct errors, or 
make the conformity process more logical and feasible.
    There are many other issues which were debated in the original 
rulemaking, some of which are the subject of litigation at this time. 
EPA does not intend its issuance of back-to-back rulemakings to imply a 
willingness to open the conformity rule to amendments which suit one or 
the other petitioners' purpose. Both EPA and DOT, of course, are very 
willing and eager to assist transportation and air quality planners in 
complying with the rule and the statutory intent.

IV. Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof;
    (4) Raise novel or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is a ``significant regulatory action.'' As 
such, this action was submitted to OMB for review. Changes made in 
response to OMB suggestions or recommendations will be documented in 
the public record.

B. Reporting and Recordkeeping Requirements

    This rule does not contain any information collection requirements 
from EPA which require approval by OMB under the Paperwork Reduction 
Act of 1980, 44 U.S.C. 3501 et seq.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires federal agencies to 
identify potentially adverse impacts of federal regulations upon small 
entities. In instances where significant impacts are possible on a 
substantial number of these entities, agencies are required to perform 
a Regulatory Flexibility Analysis (RFA).
    EPA has determined that today's regulations will not have a 
significant impact on a substantial number of small entities. This 
regulation affects moderate and above ozone nonattainment areas, which 
are almost exclusively urban areas of substantial population, and 
affects federal agencies and metropolitan planning organizations, which 
by definition are designated only for metropolitan areas with a 
population of at least 50,000.
    Therefore, as required under section 605 of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., I certify that this regulation 
does not have a significant impact on a substantial number of small 
entities.

List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Carbon monoxide, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate Matter, Reporting and Recordkeeping Requirements, Volatile 
organic compounds.

40 CFR Part 93

    Administrative practice and procedure, Air pollution control, 
Carbon monoxide, Intergovernmental relations, Ozone.

    Dated: January 31, 1995.
Carol M. Browner,
Administrator.

    40 CFR parts 51 and 93 are amended as follows:

PARTS 51 AND 93--[AMENDED]

    1. The authority citation for part 51 continues to read as follows:

    Authority: 42 U.S.C. 7401(a)(2), 7475(e), 7502 (a) and (b), 
7503, 7601(a)(1) and 7602.

    2. The authority citation for part 93 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671p.

    3. The identical texts of Secs. 51.448 and 93.128 are amended as 
follows:
    a. By redesignating paragraphs (b)(2) and (c)(2) as (b)(3) and 
(c)(3);
    b. In the newly redeisgnated paragraph (c)(3)(iii) by revising the 
reference ``paragraphs (c)(2)(i) and (ii)'' to read ``paragraphs 
(c)(3)(i) and (ii); and
    c. By adding new paragraphs (a)(4), (b)(2), (c)(2), and (d)(4).
    The identical text of additions reads as follows: 
Sec. ______.______ Transition from the interim period to the control 
strategy period.
    (a) * * *
    (4) Until August 8, 1995, for areas otherwise subject to paragraph 
(a)(3) of this section, the conformity lapse imposed by the final 
sentence of paragraph (a)(3) of this section shall not apply. The 
conformity status of the transportation plan and TIP shall lapse on the 
date that highway sanctions as a result of the disapproval are imposed 
on the nonattainment area under section 179(b)(1) of the Clean Air Act, 
unless another control strategy implementation [[Page 7453]] plan 
revision is submitted to EPA and found to be complete.
    (b) * * *
    (2) Until August 8, 1995, for ozone nonattainment areas where EPA 
has notified the State, MPO, and DOT of the State's failure to submit a 
control strategy implementation plan revision required by Clean Air Act 
sections 182(c)(2)(A) and/or 182(c)(2)(B), failure to submit an 
attainment demonstration for an intrastate moderate ozone nonattainment 
area that chose to use the Urban Airshed Model for such demonstration, 
or failure to submit an attainment demonstration for a multistate 
moderate ozone nonattainment area, the following shall apply in lieu of 
the provisions of paragraph (b)(1) of this section:
    (i) The conformity status of the transportation plan and TIP shall 
lapse on the date that highway sanctions are imposed on the 
nonattainment area for such failure under section 179(b)(1) of the 
Clean Air Act, unless the failure has been remedied and acknowledged by 
a letter from the EPA Regional Administrator; and
    (ii) The consequences described in paragraph (b)(1) of this section 
shall be nullified if such provisions have been applied as a result of 
a failure described in paragraph (b)(2) of this section, and paragraph 
(b)(2) of this section shall henceforth apply with respect to any such 
failure.
* * * * *
    (c) * * *
    (2) Until August 8, 1995, for the ozone nonattainment areas 
described in paragraph (c)(2)(i) of this section, the following shall 
apply in lieu of the provisions of paragraph (c)(1) of this section:
    (i) The conformity status of the transportation plan and TIP shall 
lapse on the date that highway sanctions are imposed on the 
nonattainment area under section 179(b)(1) of the Clean Air Act for the 
failures described below, unless the failure has been remedied and 
acknowledged by a letter from the EPA Regional Administrator, in ozone 
nonattainment areas where EPA notifies the State, MPO, and DOT that any 
of the following control strategy implementation plan revisions are 
incomplete:
    (A) The implementation plan revision due November 15, 1994, as 
required by Clean Air Act sections 182(c)(2)(A) and/or 182(c)(2)(B);
    (B) The attainment demonstration required for moderate intrastate 
ozone nonattainment areas which chose to use the Urban Airshed Model 
for such demonstration and for multistate moderate ozone nonattainment 
areas; or
    (C) The VOC reasonable further progress demonstration due November 
15, 1993, as required by Clean Air Act section 182(b)(1), if EPA notes 
in its incompleteness finding as described in paragraph (c)(1)(iii) of 
this section that the submittal would have been considered complete 
with respect to requirements for emission reductions if all committed 
measures had been submitted in enforceable form as required by Clean 
Air Act section 110(a)(2)(A); and
    (ii) The consequences described in paragraph (c)(1) of this section 
shall be nullified if such provisions have been applied as a result of 
a failure described in paragraph (c)(2)(i) of this section, and 
paragraph (c)(2) of this section shall henceforth apply with respect to 
any such failure.
* * * * *
    (d) * * *
    (4) Until August 8, 1995, for areas otherwise subject to paragraph 
(d)(3) of this section, the conformity lapse imposed by the final 
sentence of paragraph (d)(3) of this section shall not apply. The 
conformity status of the transportation plan and TIP shall lapse on the 
date that highway sanctions as a result of the disapproval are imposed 
on the nonattainment area under section 179(b)(1) of the Clean Air Act, 
unless another control strategy implementation plan revision is 
submitted to EPA and found to be complete.
* * * * *
[FR Doc. 95-3003 Filed 2-7-95; 8:45 am]
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