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           Transportation Conformity Rule Restructuring Amendments 
                                       
                                       
                                       
                                       
                                       
                      Docket ID No. EPA-HQ-OAR-2009-0128


Comment:
One commenter suggested that the air quality modeling process used in transportation conformity should be reformed to use the most recent air quality data available, rather than prediction-based models. 

This commenter also suggested that emissions budgets have a built-in level of flexibility, such as a 10 to 15 percent cushion, to allow for increases in emissions.  

Third, this commenter suggested that hot-spot analysis should be removed from the regulations.

Response:
All of these comments are outside the scope of today's rulemaking.  EPA did not in this rulemaking propose any regulatory revisions addressing air quality modeling, and therefore the first comment is outside the scope of this rulemaking.  The current requirements to model future transportation activity and resulting emissions are based on Section 176(c)(2)(A) of the Clean Air Act, which requires that "emissions expected from implementation of such plans and programs are consistent with estimates of emissions from motor vehicles and necessary emissions reductions contained in the applicable air quality implementation plan..."  In other words, the purpose of the conformity requirement is to examine future transportation sector emissions.  Therefore, conformity analyses necessarily involve prediction of future air quality.
  
Further, in this rulemaking EPA did not propose any revisions to the conformity budget test regulations and did not propose changes to the hot-spot requirements.  Therefore, the comments on those issues are also outside the scope of today's action.  


Comment:
One commenter recommended that EPA and the Federal Highway Administration conduct an educational outreach campaign with MPOs and state Departments of Transportation once the new [ozone] standards go into effect.

Response:
EPA did not propose any regulatory revisions specifically addressing the new ozone standards.  Therefore, this comment is outside the scope of this rulemaking.  Nevertheless, EPA will continue to ensure that conformity implementers have the necessary information, including guidance and training, to meet conformity requirements for any new or revised NAAQS.  
