2004 and 2005 Transportation Conformity Rule Amendments Outreach Activities
Session 2: Background
FHWA Transportation Conformity and CMAQ Workshop
Summer 2004
New 8-hour ozone standard
- Same pollutant as 1-hour ozone standard, but different way of measuring, and different standard
- Readings are over an 8-hour period rather than a 1-hour period
- The 3-year average of the 4th highest ozone readings must be < 0.08 ppm
- Phase 1 Final 8-hour implementation rule published April 30, 2004 (69 FR 23951)
- EPA developing Phase 2 final rule now
New 8-hour ozone standard
- Areas designated for the 8-hour ozone standard: April 15, 2004
- Effective date of designation: June 15, 2004
- Not for areas with an Early Action Compact (EAC), where effective date is deferred
- 8-hour conformity applies: June 15, 2005
- Not for areas with an EAC
Classification of 8-hour Nonattainment Ozone Areas
The 1-hour ozone standard
- Will be revoked one year after the effective date of designation: June 15, 2005 for most areas
- Conformity for the 1-hour standard no longer applies at that point, except for 1-hour maintenance areas that are 8-hour EACs (Denver, Greensboro, Nashville)
- Coordinated with date conformity for the 8-hour standard applies
- To ensure conformity not required for both ozone standards at same time
Conformity under the 1-hour ozone standard
- In general, final rule does not change 1-hour ozone conformity requirements
- During the one-year conformity grace period for the 8-hour standard:
- conformity for the 1-hour standard continues to be required for new plan, TIP, and project approvals
- existing adequate and approved SIP motor vehicle emissions budgets ("budgets") for the 1-hour standard must continue to be used
- if a 1-hour lapse occurs during the grace period, the lapse ends when the 1-hour standard is revoked, and if the area is nonattainment for the 8-hour standard, DOT has made an 8-hour conformity determination
EAC Areas and Conformity
- 8-hour conformity will not apply in EAC areas, unless an EAC milestone is missed and nonattainment designation no longer deferred
- 1-hour conformity applies in 1-hour maintenance areas with EACs until one year after effective date of 8-hour designation, which will be either when:
- they attain the 8-hour standard, or
- they miss an EAC milestone (and become an 8-hour nonattainment area)
Early Action Compact Areas
June 15, 2004
A portion of some of the counties are excluded from the EAC
New PM2.5 standards
- PM2.5 is a different pollutant than PM10, not just a different standard
- PM2.5 standards:
- annual standard: 15 µg/m3
- 24 hour standard: 65 µg/m3
- EPA intends to designate areas by Nov/Dec 2004
- Effective date Jan/Feb 2005
- Conformity applies 1 year after effective date: Jan/Feb 2006
- Broader PM2.5 implementation strategy rule under development
Conformity under the PM10, CO, and NO2 standards
- In general, final rule does not change conformity requirements in PM10, CO, and NO2 areas
- What final rule provisions do affect these areas? Those that:
- are related to March 1999 decision and existing federal guidance
- offer flexibility (e.g., latest planning assumptions)
- miscellaneous streamlining and clarifications
