Regulatory Announcement

 

Proposed Rule: 

Transportation Conformity Rule 

Restructuring Amendments 

The U.S. Environmental Protection Agency (EPA) is proposing 

amendments to the transportation conformity rule. 

•	 EPA is proposing to restructure two sections of the transportation

conformity rule so that existing requirements would apply under

any new or revised National Ambient Air Quality Standards

(NAAQS). This part of the proposal should reduce the need to

amend the rule in the future merely to reference a specific NAAQS.

These administrative revisions would provide more certainty to

transportation planners without compromising environmental

benefits.

•	 EPA is also proposing to make the conformity rule more consistent

by requiring that planners analyze a near-term year when using

the budget test if the attainment year has already passed or has not

yet been established. The budget test demonstrates that total onroad emissions projected for a metropolitan transportation plan (or 

“TIP”) are within the emissions limits (“budgets”) established by

the state air quality implementation plan (or “SIP”). 

This proposed rule would ensure that air quality is protected and would

clarify requirements for implementers. 

EPA has worked closely with the U.S. Department of Transportation to

develop this proposed rule. 

Background 

Transportation conformity is a Clean Air Act requirement that ensures that federally 

supported highway and transit projects are consistent with state air quality implementation plans. Conformity helps protect public health through early consideration of 

Office of Transportation and Air Quality 

EPA-420-F-10-001 

August 2010 
Regulatory Announcement 

the air quality impacts of transportation decisions in places where air quality does not currently 

meet federal standards or has not met them in the past. 

Key Elements of the Proposed Rule 

The proposed rule restructures two sections of the conformity rule, 40 CFR 93.109 and 93.119, 

so that the existing rule requirements would clearly apply to areas designated nonattainment for 

future new or revised NAAQS, thus reducing the need to amend the transportation conformity 

rule merely to reference specific new NAAQS. 

The proposed rule would also require that when the attainment year of a NAAQS has passed 

or has not yet been established, a near-term year would be analyzed when using the budget test. 

Specifically, where the attainment year has not yet been established or it is no longer in the 

timeframe of the transportation plan and conformity determination, areas designated nonattainment or maintenance for a NAAQS would be required to analyze a year no more than five years 

beyond the year in which the conformity determination is being made. 

Health and Environmental Benefits 

The proposed rule would ensure that transportation activities are consistent with air quality 

goals of the existing transportation conformity program. The proposed rule would ensure that all 

NAAQS nonattainment and maintenance areas use conformity tests that ensure that air quality 

progress continues in areas that need to attain or maintain the NAAQS. 

Public Participation Opportunities 

We welcome your comments on this proposed rule. Comments will be accepted for 30 days 

beginning when this proposal is published in the Federal Register. 

All comments should be identified by Docket ID No. EPA-HQ-OAR-2009-0128 and submitted 

by one of the following methods: 

Internet: www.regulations.gov 

E-mail: a-and-r-docket@epa.gov 

Fax: (202) 566-9744 

Mail: 

Air Docket, Environmental Protection Agency 

Mail Code: 2822T 

1200 Pennsylvania Avenue NW 

Washington, DC 20460 

Hand Delivery: 

EPA West Building 

EPA Docket Center (Room 3334) 

1301 Constitution Avenue NW 

Washington, DC 

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Regulatory Announcement 

For More Information 

You can access documents on transportation conformity on EPA’s Office of Transportation and 

Air Quality Web site at: 

www.epa.gov/otaq/stateresources/transconf/index.htm 

For further information on this proposed rule, please contact 

Patty Klavon 

U.S. Environmental Protection Agency
 

Office of Transportation and Air Quality
 

2000 Traverwood Drive
 

Ann Arbor, MI 48105
 

734-214-4476
 

E-mail: klavon.patty@epa.gov
 

Or 

Laura Berry 

U.S. Environmental Protection Agency
 

Office of Transportation and Air Quality
 

2000 Traverwood Drive
 

Ann Arbor, MI 48105
 

734-214-4858
 

E-mail: berry.laura@epa.gov
 

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