Transportation Conformity Rule Amendments: Transition to the Control Strategy Period

Federal RegisterFeb 8, 1995

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 93

[FRL-5149-9]

Transportation Conformity Rule Amendments: Transition to the

Control Strategy Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes to permanently align the timing of

certain transportation conformity consequences with the imposition of

Clean Air Act highway sanctions. For ozone nonattainment areas with an

incomplete 15% emissions-reduction state implementation plan with a

protective finding; incomplete ozone attainment/3% rate-of-progress

plan; or finding of failure to submit an ozone attainment/3% rate-of-

progress plan, and areas whose control strategy implementation plan for

ozone, carbon monoxide, particulate matter, or nitrogen dioxide is

disapproved with a protective finding, the conformity status of the

transportation plan and program would not lapse as a result of such

failure until highway sanctions for such failure are effective under

other Clean Air Act sections.

This action would delay the lapse in conformity status, which would

otherwise prevent approval of new highway and transit projects, and

allow States more time to prevent the lapse by submitting complete

ozone implementation plans.

EPA has published in the final rule section of this Federal

Register a similar interim final rule which takes effect immediately

and applies for six months. This proposal would apply the provisions of

the interim final rule permanently.

DATES: Comments on this action must be received by March 10, 1995. A

public hearing will be held at 10:30 a.m. on February 22, 1995 in

Washington, DC.

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-

95-02, 401 M Street, SW., Washington, DC 20460. [[Page 7509]]

A public hearing will be held at the Ramada Inn, 10 Thomas Circle

NW, Washington DC.

Materials relevant to this proposal have been placed in Air and

Radiation Docket A-95-02 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-government holidays.

FOR FURTHER INFORMATION CONTACT: Kathryn Sargeant, Emission Control

Strategies Branch, Emission Planning and Strategies Division, U.S.

Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, MI

48105. (313) 668-4441.

SUPPLEMENTARY INFORMATION: The terms and substance of the rule changes

proposed in this document, and a description of the subjects and issues

involved, are included in the document announcing the interim final

rule published in the Final Rules Section of this Federal Register.

This proposal is identical in substance to the interim final rule,

except that the proposal would not limit the application of the

proposed rule changes to a six-month period.

Dated: January 31, 1995.

Carol M. Browner,

Administrator.

[FR Doc. 95-3002 Filed 2-7-95; 8:45 am]

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