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EPA/AR

RIN: 2060-AI56

Publication ID: Spring 2002

Title: Transportation Conformity Amendments: Response to March 2, 1999, Court Decision
Abstract: The Clean Air Act requires EPA to promulgate rules that establish the criteria and procedures for determining whether highway and transit plans, programs, and projects conform to State air quality plans. Conformity means that the transportation actions will not cause or worsen violations of air quality standards or delay timely attainment of the standards. The original conformity rule was finalized on November 24, 1993, and most recently amended on August 15, 1997. On March 2, 1999, the U.S. Court of Appeals overturned certain provisions of the 1997 conformity amendments. This rulemaking will amend the conformity rule in compliance with the court decision. The rulemaking will formalize the May 14, 1999 EPA guidance and the June 18, 1999 DOT guidance that was issued to guide action on this issue until a rulemaking could be issued. Specifically, the rulemaking will clarify the types of projects that can be implemented in the absence of a conforming transportation plan. It will also explain EPA's process for reviewing newly submitted air quality plans and when those submissions can be used for conformity purposes.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 93
Legal Authority: 42 USC 7401-7671q

Legal Deadline: None

Statement of Need: The U.S. Court of Appeals remanded some provisions of EPA's conformity rule. The conformity rule must be amended in compliance with the court decision.

Summary of the Legal Basis: The Clean Air Act requires transportation plans, programs, and projects to conform to state air quality plans. The Clean Air Act also requires EPA to establish rules for how to determine the conformity of transportation actions.

Alternatives: EPA's alternatives are constrained by the court decision.

Anticipated Costs and Benefits: This amendment will not change the results of the economic analysis performed for the original transportation conformity rule, which was summarized in the preamble to that rule on 11/24/93 at 58 FR 62214.

Risks: Transportation conformity is a process designed to help achieve attainment with the National Ambient Air Quality Standards. The risks addressed by the rule are therefore those risks associated with non-achievment of such standards.

Timetable:

Action	Date	FR Cite
NPRM	07/00/2002

Additional Information: SAN No. 4340
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Agency Contact: Kathryn Sargeant Environmental Protection Agency Air and Radiation NVFEL S77, Ann Arbor, MI 48105 Phone:734 214-4441 Email: Sargeant.Kathryn@epamail.epa.gov