Transportation Conformity Determinations for Federally Funded and Approved Transportation Plans, Programs, and Projects (Renewal)

Forms and Documents

Document Name	Status
2130ss04.docx Supporting Statement A	2011-05-17

IC Document Collections

IC ID	Document Title	Status
24805	Transportation Conformity Determiniations for Federally Funded and Approved Transportation Plans, Program and Projects (Renewal)	Modified

ICR Details

OMB Control No: 2060-0561	ICR Reference No: 201105-2060-005
Status: Historical Active	Previous ICR Reference No: 200711-2060-004
Agency/Subagency: EPA/OAR	Agency Tracking No: 2130.04
Title: Transportation Conformity Determinations for Federally Funded and Approved Transportation Plans, Programs, and Projects (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/28/2012
	Date Received in OIRA: 05/20/2011
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for 3 years. Upon resubmission, the agency should distinguish between substantive revisions in the information collection (such as increases in burden created by new and amended regulations) and changes in agency estimates (such as reassessing the accuracy of a burden estimate). In the future, if the agency increases burden estimates as a result of a new rule requirement such as a new monitoring system or additional reporting requirements, the collection should be submitted as a substantive revision rather than as an extension, and the burden change should be categorized under agency discretion. Finally, upon resubmission, it is suggested that the agency revisit burden estimates and once again make use of the public comment process as a way to better estimate actual burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2015	36 Months From Approved	02/29/2012
Responses	11,044	0	10,433
Time Burden (Hours)	88,404	0	52,304
Cost Burden (Dollars)	0	0	0

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Abstract: Transportation conformity is required under Clean Air Act section 176(c) (42 U.S.C. 7506(c)) to ensure that federally supported transportation activities are consistent with ("conform to") the purpose of the state air quality implementation plan (SIP). Transportation conformity determinations are required before federal approval or funding is given to certain types of transportation planning documents as well as non-exempt highway and transit projects. The Clean Air Act gives EPA the statutory authority to establish the criteria and procedures for determining whether transportation activities conform to the SIP. Federal, state, and local transportation agencies use information collected under the conformity regulation to ensure that federally funded or approved transportation actions conform with SIPs for attaining and maintaining clean air throughout the country. Specifically, transportation agencies use information they collect to demonstrate that: * Regional emissions and/or project-level emissions analysis requirements are satisfied; * Transportation control measures (TCMs) in approved SIPs are implemented in a timely manner; * State, local, and federal transportation and air quality agencies consult and resolve issues related to conformity determinations; and, * Public comments are considered and responses to comments are documented prior to conformity actions. In the transportation conformity process, the respondent is typically either a state or local agency. Depending upon the type of conformity determination and the type of area involved, the state or local agency may vary. For instance, in metropolitan nonattainment and maintenance areas, metropolitan planning organizations (MPOs) are the primary local respondent for transportation plan and TIP conformity determinations. Clean Air Act section 176(c)(1) states that "... No metropolitan planning organization designated under section 134 of Title 23, shall give its approval to any project, program, or plan which does not conform to an implementation plan approved or promulgated under section 7410 of this title...." In metropolitan areas, each MPO must formally make a conformity determination on its transportation plan and TIP prior to submitting them to the Federal Department of Transportation (DOT) for an independent review and conformity determination. State or local air agencies also provide technical assistance in supplying air quality data or performing emissions factor modeling for transportation plan and TIP regional conformity analyses. State and local respondents for conformity determinations for projects within metropolitan areas can vary depending upon who the project sponsor is. A project sponsor within a metropolitan area may be the state department of transportation or local transit agency, depending upon the individual project. Developing conformity determinations for projects outside metropolitan boundaries is also typically the responsibility of the project sponsor, which is usually the state department of transportation. The Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) are also responsible for making conformity determinations. The transportation conformity rule also requires that state, local and federal transportation and air quality agencies develop interagency consultation procedures for discussing and resolving issues related to conformity determinations. Such agencies include the MPO, local transit agency, state department of transportation, state and local air agencies, EPA, FHWA, and FTA. Federal respondents for conformity determinations are discussed further in Section 5 of the supporting statement for this ICR. The current ICR for Transportation Conformity Determinations for Federally Funded and Approved Transportation Plans, Programs, and Projects expires on May 31, 2011.

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Authorizing Statute(s): US Code: 42 USC 7506(c) Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 7560	02/10/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 29235	05/20/2011
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Transportation Conformity Determiniations for Federally Funded and Approved Transportation Plans, Program and Projects (Renewal)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	11,044	10,433	0	0	611	0
Annual Time Burden (Hours)	88,404	52,304	0	17,729	18,371	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $1,210,552

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/20/2011

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