04-16449. Transportation Conformity Rule Amendments for the New 8-Hour Ozone and PM2.5

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; correction.

SUMMARY:

EPA issued a final rule on July 1, 2004 (69 FR 40004) that amended the transportation conformity rule to include criteria and procedures for the new 8-hour ozone and fine particulate matter (PM_2.5) national ambient air quality standards (NAAQS or “standards”). The final rule also addressed 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). The preamble to the final rule contains two errors. This notice is intended to correct these errors. All other preamble and regulatory text printed in the July 1, 2004 final rule is correct.

The Department of Transportation (DOT) is EPA's federal partner in implementing the transportation conformity regulation. We have consulted with DOT on the development of these corrections, and DOT concurs.

DATES:

Effective Date: August 2, 2004.

FOR FURTHER INFORMATION CONTACT:

Meg Patulski, State Measures and Conformity Group, Transportation and Regional Programs Division, U.S. Environmental Protection Agency, 2000 Traverwood Road, Ann Arbor, MI 48105, [e-mail], [phone]; Rudy Kapichak, State Measures and Conformity Group, Transportation and Regional Programs Division, U.S. Environmental Protection Agency, 2000 Traverwood Road, Ann Arbor, MI 48105, [e-mail], [phone]; 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, [e-mail], [phone].

SUPPLEMENTARY INFORMATION:

EPA issued a final rule on July 1, 2004 (69 FR 40004) that amended the transportation conformity rule to include criteria and procedures for the new 8-hour ozone and fine particulate matter (PM_2.5) national ambient air quality standards (NAAQS or “standards”). The final rule also addressed 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). The preamble to the July 1, 2004 final rule contains two errors. This notice is intended to correct these errors.

First, the table in Section II. D. What Parts of the Final Rule Apply to Me? (69 FR 40006-7), which lists the issues addressed in the final rule, is incomplete and contains a number of incorrect references to other sections of the rule. The table provides a roadmap for determining whether a specific final rule revision included in the July 1, 2004 rulemaking would apply in your area. The table illustrates which parts of the final rule are relevant for various pollutants and standards.

The following is the corrected table:

Type of area	Issue addressed in final rule	Preamble section	Regulatory section
8-hour ozone	Conformity grace period	III.A	§ 93.102(d)
	Revocation of 1-hour ozone standard	III.B	Not applicable.
	General implementation of new standards	III.C	Not applicable.
	Early Action Compacts	III.D	Not applicable.
	Baseline year test	IV.B	§ 93.119(b)
	Build/no-build test (marginal classification and subpart 1 areas 1)	IV.C	§ 93.119(b)(2), § 93.119(g)(2)
	Regional conformity tests (moderate and above classifications)	IV.D	§ 93.119(b)(1)
	Regional conformity tests (areas without 1-hour ozone budgets)	V	§ 93.109(d)
	Regional conformity tests (areas with 1-hour ozone budgets)	VI	§ 93.109(e)
	Federal projects during a lapse	XIV	§ 93.102(c), § 93.104(d)
	Adequacy process of submitted SIPs	XV XXIII.G	§ 93.118(e) § 93.118(f)
	Non-federal projects during a lapse	XVI	§ 93.121(a)
	Consequences of SIP disapprovals	XVII	§ 93.120(a)(2)
	Safety margins	XVIII	Deletes § 93.124(b) of previous rule.
	Frequency	XIX	§ 93.104(c), § 93.104(e)
	Latest planning assumptions	XX	§ 93.110(a)
	Relying on a previous analysis	XXII	§ 93.122(g), § 93.104(b), § 93.104(c)
	Definitions	XXIII.A	§ 93.101
	Insignificance	XXIII.B	§ 93.109(k), § 93.121(c)
	Transportation plan and modeling requirements (moderate and above classifications)	XXIII.D	§ 93.106(b), § 93.122(c)
	Non-federal projects (for isolated rural areas only)	XXIII.F	§ 93.121(b)(1)
	Implementation of budget test	XXIII.H XXIII.I	§ 93.118(b) § 93.118(d)
	Exempt projects	XXIII.J	§ 93.126
	Conformity SIPs	XXV	Not applicable.
PM2.5	Applicability	III.A	§ 93.102(b)(1)
	Conformity grace period	III.A	§ 93.102(d)
	General implementation of new standards	III.C	Not applicable.
	Baseline year test	IV.B	§ 93.119(e)
	Build/no-build test	IV.C	§ 93.119(e), § 93.119(g)(2)
	Regional conformity tests	VII	§ 93.109(i)
	Direct PM2.5 in regional analyses from tailpipe, brake wear, tire wear	VIII	§ 93.102(b)(1)
	Precursors in regional analyses	VIII	No regulatory text being finalized at this time.
	Re-entrained road dust in regional analyses	IX	§ 93.102(b)(3), § 93.119(f)
	Construction-related fugitive dust in regional analyses	X	§ 93.122(f)
	Compliance with SIP control measures	XI	§ 93.117
	Hot-spots	XII	No regulatory text being finalized at this time.
	Federal projects during a lapse	XIV	§ 93.102(c), § 93.104(d)
	Adequacy process of submitted SIPs	XV XXIII.G	§ 93.118(e) § 93.118(f)
	Non-federal projects during a lapse	XVI	§ 93.121(a)
	Consequences of SIP disapprovals	XVII	§ 93.120(a)(2)
	Safety margins	XVIII	Deletes § 93.124(b) of previous rule.
	Frequency	XIX	§ 93.104(c), § 93.104(e)
	Latest planning assumptions	XX	§ 93.110(a)
	Relying on a previous analysis	XXII	§ 93.122(g), § 93.104(b), § 93.104(c)
	Definitions	XXIII.A	§ 93.101
	Insignificance	XXIII.B	§ 93.109(k), § 93.121(c)
	Non-federal projects (for isolated rural areas only)	XXIII.F	§ 93.121(b)(1)
	Implementation of budget test	XXIII.H XXIII.I	§ 93.118(b) § 93.118(d)
	Exempt projects	XXIII.J	§ 93.126
	Conformity SIPs	XXV	Not applicable.
1-hour ozone	Revocation of 1-hour ozone standard	III.B	Not applicable.
	Regional conformity tests	III.B	§ 93.109(c)
	Build/no-build test (marginal and below classifications)	IV.C	§ 93.119(b)(2), § 93.119(g)(2)
	Regional conformity tests (moderate and above classifications)	IV.D	§ 93.119(b)(1)
	Federal projects during a lapse	XIV	§ 93.102(c), § 93.104(d)
	Adequacy process of submitted SIPs	XV XXIII.G	§ 93.118(e) § 93.118(f)
	Non-federal projects during a lapse	XVI	§ 93.121(a)
	Consequences of SIP disapprovals	XVII	§ 93.120(a)(2)
	Safety margins	XVIII	Deletes § 93.124(b) of previous rule.
	Frequency	XIX	§ 93.104(c), § 93.104(e)
	Latest planning assumptions	XX	§ 93.110(a)
	Relying on a previous analysis	XXII	§ 93.122(g), § 93.104(b), § 93.104(c)
	Definitions	XXIII.A	§ 93.101
	Insignificance	XXIII.B	§ 93.109(k), § 93.121(c)
	Limited maintenance plans	XXIII.C	§ 93.101 § 93.109(j), § 93.121(c)
	Transportation plan and modeling requirements (moderate and above classifications)	XXIII.D	§ 93.106(b), § 93.122(c)
	Non-federal projects (for isolated rural areas only)	XXIII.F	§ 93.121(b)(1)
	Implementation of budget test	XXIII.H XXIII.I	§ 93.118(b) § 93.118(d)
	Exempt projects	XXIII.J	§ 93.126
	Conformity SIPs	XXV	Not applicable.
PM10	Build/no-build test	IV.C	§ 93.119(d), § 93.119(g)(2)
	Hot-spots	XIII	No new or revised regulatory text being finalized at this time.
	Federal projects during a lapse	XIV	§ 93.102(c), § 93.104(d)
	Adequacy process of submitted SIPs	XV XXIII.G	§ 93.118(e) § 93.118(f)
	Non-federal projects during a lapse	XVI	§ 93.121(a)
	Consequences of SIP disapprovals	XVII	§ 93.120(a)(2)
	Safety margins	XVIII	Deletes § 93.124(b) of previous rule.
	Frequency	XIX	§ 93.104(c), § 93.104(e)
	Latest planning assumptions	XX	§ 93.110(a)
	Horizon years in hot-spot analyses	XXI	§ 93.116
	Relying on a previous analysis	XXII	§ 93.122(g), § 93.104(b), § 93.104(c)
	Definitions	XXIII.A	§ 93.101
	Insignificance	XXIII.B	§ 93.109(k), § 93.121(c)
	Limited maintenance plans	XXIII.C	§ 93.101, § 93.109(j), § 93.121(c)
	Clarification to Precursors	XXIII.E	§ 93.102(b)(2)(iii), § 93.119(f)(5)
	Non-federal projects (for isolated rural areas only)	XXIII.F	§ 93.121(b)(1)
	Implementation of budget test	XXIII.H XXIII.I	§ 93.118(b) § 93.118(d)
	Exempt projects	XXIII.J	§ 93.126
	Conformity SIPs	XXV	Not applicable.
CO	Build/no-build test (lower CO classifications)	IV.C	§ 93.119(c), § 93.119(g)(2)
	Regional conformity tests (higher CO classifications)	IV.D	§ 93.119(c)(1)
	Federal projects during a lapse	XIV	§ 93.102(c), § 93.104(d)
	Adequacy process of submitted SIPs	XV XXIII.G	§ 93.118(e) § 93.118(f)
	Non-federal projects during a lapse	XVI	§ 93.121(a)
	Consequences of SIP disapprovals	XVII	§ 93.120(a)(2)
	Safety margins	XVIII	Deletes § 93.124(b) of previous rule.
	Frequency	XIX	§ 93.104(c), § 93.104(e)
	Latest planning assumptions	XX	§ 93.110(a)
	Horizon years in hot-spot analyses	XXI	§ 93.116
	Relying on a previous analysis	XXII	§ 93.122(g), § 93.104(b), § 93.104(c)
	Definitions	XXIII.A	§ 93.101
	Insignificance	XXIII.B	§ 93.109(k), § 93.121(c)
	Limited maintenance plans	XXIII.C	§ 93.101, § 93.109(j), § 93.121(c)
	Transportation plan and modeling requirements (moderate and serious classificatons)	XXIII.D	§ 93.106(b), § 93.122(c)
	Non-federal projects (for isolated rural areas only)	XXIII.F	§ 93.121(b)(1)
	Implementation of budget test	XXIII.H XXIII.I	§ 93.118(b), § 93.118(d)
	Exempt projects	XXIII.J	§ 93.126
	Conformity SIPs	XXV	Not applicable.
NO2	Build/no-build test	IV.C	§ 93.119(d), § 93.119(g)(2)
	Federal projects during a lapse	XIV	§ 93.102(c), § 93.104(d)
	Adequacy process of submitted SIPs	XV XXIII.G	§ 93.118(e) § 93.118(f)
	Non-federal projects during a lapse	XVI	§ 93.121(a)
	Consequences of SIP disapprovals	XVII	§ 93.120(a)(2)
	Safety margins	XVIII	Deletes § 93.124(b) of previous rule.
	Frequency	XIX	§ 93.104(c), § 93.104(e)
	Latest planning assumptions	XX	§ 93.110(a)
	Relying on a previous analysis	XXII	§ 93.122(g), § 93.104(b), § 93.104(c)
	Definitions	XXIII.A	§ 93.101
	Insignificance	XXIII.B	§ 93.109(k), § 93.121(c)
	Non-federal projects (for isolated rural areas only)	XXIII.F	§ 93.121(b)(1)
	Implementation of budget test	XXIII.H XXIII.I	§ 93.118(b) § 93.118(d)
	Exempt projects	XXIII.J	§ 93.126
	Conformity SIPs	XXV	Not applicable.

Second, a paragraph was omitted from the end of Section XXIII.G. Use of Adequate and Approved Budgets in Conformity (69 FR 40066). The missing paragraph was intended to explain that we are not changing all of the PM₁₀ requirements in § 93.109(g). We are reprinting the entire paragraph in the regulatory section of the July 1, 2004 final rule to ensure that the Code of Federal Regulations is updated correctly.

The following paragraph should be inserted at the end of Section XXIII.G.:

The final rule includes some of the existing conformity rule's text for PM₁₀ requirements in § 93.109(g) to ensure that the Code of Federal Regulations is updated correctly. For example, § 93.109(g)(3)(ii) is not being changed in this final rule, but is affected by the reorganization of paragraph (g) in this section. EPA notes that this and other such parts of paragraph (g) have been addressed through past rulemakings and are not being reopened through this final rule.

No changes are being made to the final rule language or other preamble language published on July 1, 2004. EPA finds good cause to make this correction notice effective less than 30 days after publication in the Federal Register. The final rule published July 1 will become effective August 2, 2004. Today's correction notice does not make any changes to the final rule. This correction notice only clarifies explanatory text in the preamble to the final rule which were intended to aid conformity implementors in implementing the rule. Therefore EPA concludes that it will be in the public interest to have this correction notice also become effective on August 2, 2004.

Authority: 42 U.S.C. 7401-7671q.

Dated: July 13, 2004.

Robert D. Brenner,

Acting Assistant Administrator for Office of Air and Radiation.

Footnotes

1.  “Subpart 1 areas” are areas that are designated nonattainment under subpart 1 of part D of title 1 of the Clean Air Act. EPA also referred to these areas as “basic” nonattainment areas in its April 30, 2004 final designations rule for the 8-hour ozone standard (69 FR 23862).