United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2004_register executive 2010-09-22 article Part II Rules and Regulations D09002ee1c815ab3f D09002ee1c815ac85 United States Environmental Protection Agency originator org United States Government Agency or Subagency Today we (EPA) are amending the transportation conformity rule to finalize several provisions that were proposed last year. First, today's final rule includes criteria and procedures for the new 8-hour ozone and fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS or "standards"). Transportation conformity is required under Clean Air Act section 176(c) to ensure that federally supported highway and transit project activities are consistent with ("conform to") the purpose of a state air quality implementation plan (SIP). We are conducting this rulemaking in part to revise the conformity regulation in the context of EPA's broader strategies for implementing the new ozone and PM<INF>2.5</INF> standards. The final rule also addresses a March 2, 1999 ruling by the U.S. Court of Appeals for the District of Columbia Circuit (Environmental Defense Fund v. EPA, et al., 167 F. 3d 641, D.C. Cir. 1999). This final rule incorporates into the transportation conformity rule the EPA and Department of Transportation (DOT) guidance that has been used in place of certain regulatory provisions of the rule since the court decision. DOT is EPA's federal partner in implementing the transportation conformity regulation. We have consulted with DOT on the development of this rulemaking, and DOT concurs with this final rule. EPA notes that a supplemental notice of proposed rulemaking will be published in the near future to request additional comment on options related to PM<INF>2.5</INF> and PM<INF>10</INF> hot-spot requirements. EPA is also not finalizing at this time any requirements for addressing PM<INF>2.5</INF> precursors in transportation conformity determinations for PM<INF>2.5</INF> nonattainment and maintenance areas. EPA is considering the transportation conformity rule's PM<INF>2.5</INF> precursor requirements in the context of EPA's broader PM<INF>2.5</INF> implementation strategy. All of these issues will be addressed in a separate final rule to be issued before PM<INF>2.5</INF> designations become effective. 69 FR 40004 https://www.govinfo.gov/app/details/FR-2004-07-01/04-14213 04-14213 fr01jy04-23 RIN 2060-AL73 RIN 2060-AI56 6560-50-P FRL-7774-6 https://www.govinfo.gov/app/details/FR-2004-07-01/04-14213 https://www.govinfo.gov/content/pkg/FR-2004-07-01/html/04-14213.htm https://www.govinfo.gov/content/pkg/FR-2004-07-01/pdf/04-14213.pdf Environmental Protection Administrative Practice and Procedure Air Pollution Control Carbon Monoxide Inter Governmental Relations Nitrogen Dioxide Ozone Particulate Matter Transportation Volatile Organic Compounds 78 p. 40004 40081 69 FR 40004 Title 40 Part 93 40 CFR Part 93 RIN 2060-AL73 RIN 2060-AI56 Transportation Conformity Rule Amendments for the New 8-hour Ozone and PM2.5 National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas; Transportation Conformity Rule Amendments: Response to Court Decision and Additional Rule Changes; Federal Register Vol. 69, Issue RULE 04-14213 II ENVIRONMENTAL PROTECTION AGENCY FRL-7774-6 6560-50-P 04-14213 Final rule.

Today we (EPA) are amending the transportation conformity rule to finalize several provisions that were proposed last year. First, today's final rule includes criteria and procedures for the new 8-hour ozone and fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS or "standards"). Transportation conformity is required under Clean Air Act section 176(c) to ensure that federally supported highway and transit project activities are consistent with ("conform to") the purpose of a state air quality implementation plan (SIP). We are conducting this rulemaking in part to revise the conformity regulation in the context of EPA's broader strategies for implementing the new ozone and PM<INF>2.5</INF> standards. The final rule also addresses a March 2, 1999 ruling by the U.S. Court of Appeals for the District of Columbia Circuit (Environmental Defense Fund v. EPA, et al., 167 F. 3d 641, D.C. Cir. 1999). This final rule incorporates into the transportation conformity rule the EPA and Department of Transportation (DOT) guidance that has been used in place of certain regulatory provisions of the rule since the court decision. DOT is EPA's federal partner in implementing the transportation conformity regulation. We have consulted with DOT on the development of this rulemaking, and DOT concurs with this final rule. EPA notes that a supplemental notice of proposed rulemaking will be published in the near future to request additional comment on options related to PM<INF>2.5</INF> and PM<INF>10</INF> hot-spot requirements. EPA is also not finalizing at this time any requirements for addressing PM<INF>2.5</INF> precursors in transportation conformity determinations for PM<INF>2.5</INF> nonattainment and maintenance areas. EPA is considering the transportation conformity rule's PM<INF>2.5</INF> precursor requirements in the context of EPA's broader PM<INF>2.5</INF> implementation strategy. All of these issues will be addressed in a separate final rule to be issued before PM<INF>2.5</INF> designations become effective.

August 2, 2004. Meg Patulski, State Measures and Conformity Group, Transportation and Regional Programs Division, U.S. Environmental Protection Agency, 2000 Traverwood Road, Ann Arbor, MI 48105, patulski.meg@epa.gov, (734) 214-4842; Rudy Kapichak, State Measures and Conformity Group, Transportation and Regional Programs Division, U.S. Environmental Protection Agency, 2000 Traverwood Road, Ann Arbor, MI 48105, kapichak.rudolph@epa.gov, (734) 214-4574; or Laura Berry, State Measures and Conformity Group, Transportation and Regional Programs Division, U.S. Environmental Protection Agency, 2000 Traverwood Road, Ann Arbor, MI 48105, berry.laura@epa.gov, (734) 214- 4858. Environmental Protection Administrative Practice and Procedure Air Pollution Control Carbon Monoxide Inter Governmental Relations Nitrogen Dioxide Ozone Particulate Matter Transportation Volatile Organic Compounds Air programs: Ambient air quality standards, national Transportation conformity; 8-hour ozone and fine particulate matter standards; criteria and procedures; rule amendments in response to court decision, etc., berry.laura@epa.gov kapichak.rudolph@epa.gov patulski.meg@epa.gov http://www.epa.gov/air/oaqps/glo/designations/index.htm http://www.epa.gov/edocket http://www.epa.gov/fedrgstr/ http://www.epa.gov/otaq/m6.htm http://www.epa.gov/otaq/models/mobile6/mobil6.2_letter.pdf http://www.epa.gov/otaq/transp/traqconf.htm http://www.epa.gov/otaq/traq/traqconf/adequacy.htm http://www.epa.gov/ttn/chief/ap42/ch13/ Vol. 69, no. 126 Office of the Federal Register, National Archives and Records Administration 2004-07-01 continuing daily deposited born digital 503 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2004-07-01 P0b002ee18096b2c0 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr01jy04 https://www.govinfo.gov/app/details/FR-2004-07-01 https://www.govinfo.gov/content/pkg/FR-2004-07-01/pdf/FR-2004-07-01.pdf https://www.govinfo.gov/content/pkg/FR-2004-07-01/xml/FR-2004-07-01.xml fdlp 39811 40304 DGPO 2010-09-22 2024-06-06 FR-2004-07-01 machine generated eng FR FR-2004-07-01 69 126