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EPA/AR

RIN: 2060-AI56

Publication ID: Fall 2004

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: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 93
Legal Authority: 42 USC 7401-7671q

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	06/30/2003	68 FR 38974
Final Action	07/01/2004	69 FR 40004

Additional Information: SAN No. 4340;
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Local, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Angela Spickard Environmental Protection Agency Air and Radiation NFEVL, Washington, DC 20460 Phone:734 214-4238 Email: Spickard.Angela@epamail.epa.gov