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Transportation Conformity Rule Amendment and Solicitation for Participation in the Transportation Conformity Pilot Program

 [Federal Register: July 9, 1996 (Volume 61, Number 132)]
[Proposed Rules]
[Page 35994-35998]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]




ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 93
[FRL-5527-9]
RIN 2060-AG16
 
Transportation Conformity Rule Amendment and Solicitation for 
Participation in the Transportation Conformity Pilot Program

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.




SUMMARY: EPA is proposing to amend the transportation conformity rule 
to allow EPA to create and implement a conformity pilot program. The 
conformity rule requires that transportation activities conform to 
state air quality implementation plans and establishes the criteria and 
procedures for determining whether or not they do. Conformity to an air 
quality plan means that transportation activities will not produce new 
air quality violations, worsen existing violations, or delay timely 
attainment of national ambient air quality standards.
    The pilot program would exempt up to six areas from some of the 
existing rule's requirements. After EPA approval, the areas will 
experiment with alternative conformity procedures for the three-year 
duration of the program. Today's notice invites applications for 
participation in the pilot program and presents the application and 
selection process, which will be finalized in the final rule.
    Along with recent amendments to the conformity rule, the pilot 
program is part of an EPA strategy to provide states and localities 
greater flexibility in meeting federal transportation conformity 
requirements while reinforcing Clean Air Act commitments.

[[Page 35995]]

This strategy results from experience gained in implementing the 
conformity rule.

    The conformity pilot program would allow state and local 
transportation and air quality agencies the additional flexibility to 
seek out and test the conformity procedures that work best in their 
area. Participating areas' experiences will be evaluated and it is 
possible that successful pilot programs may ultimately lead to further 
changes in the conformity rule.

DATES: Comments on this action must be received by August 8, 1996. 
Applications may be submitted beginning July 9, 1996. EPA requests 
expressions of interest by August 23, 1996.

ADDRESSES: Interested parties may submit written comments (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center, U.S. Environmental Protection Agency, Attention: Docket No. A-
95-55, 401 M. Street, S.W., Washington, DC 20460.
    Materials relevant to this proposal have been placed in Public 
Docket A-95-55 by EPA. The docket is located at the above address in 
room M-1500 Waterside Mall (ground floor) and may be inspected from 8 
a.m. to 4 p.m., Monday through Friday, including all non-governmental 
holidays.

    For informational purposes, areas which submit expressions of 
interest and applications will be listed on the EPA's Technology 
Transfer Network (TTN) bulletin board, on the Office of Mobile Sources 
(OMS) bulletin board under the Rulemaking: Transportation: Conformity 
file area. TTN files can be accessed on the first call to (919) 541-
5742 or through the internet at TELNET ttnbbs.rtpnc.epa.gov. TTN is 
off-line every Monday from 8:00 a.m.-12 Noon, and the TTN voice help 
line is (919) 541-5384.

FOR FURTHER INFORMATION CONTACT: Elizabeth Cummings, Transportation and 
Market Incentives Group, Regional and State Programs Division, U.S. 
Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, MI 
48105, (313) 741-7857 or Lucy Garliauskas, Environmental Analysis 
Division, Office of Environment and Planning, Federal Highway 
Administration, 400 Seventh Street S.W., Washington, DC 20590, (202) 
366-2068.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially regulated by the conformity rule are those 
which adopt, approve, or fund transportation plans, programs, or 
projects under the Intermodal Surface Transportation Efficiency Act or 
Federal Transit Laws. Regulated categories and entities include:



                                                Examples of regulated
                 Category                             entities          
                                             quality agencies.
                                             quality agencies.
                                             Transportation (Federal    
                                             Highway Administration and 
                                             Federal Transit            
                                             Administration).

 
 

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