Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Transportation Conformity
Determinations for Federally Funded and Approved Transportation Plans,
Programs and Projects Under the New 8-hour Ozone and PM2.5
National Ambient Air Quality Standards, EPA ICR Number 2130.01
[Federal Register: January 5, 2004 (Volume 69, Number 2)]
[Notices]
[Page 336-338]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja04-49]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7606-5; OAR-2003-0049]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Transportation Conformity
Determinations for Federally Funded and Approved Transportation Plans,
Programs and Projects Under the New 8-hour Ozone and PM2.5
National Ambient Air Quality Standards, EPA ICR Number 2130.01
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of request for comments.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA has submitted a proposed
Information Collection Request (ICR) to the Office of Management and
Budget (OMB) for review and approval. This is a request for new
information collection requirements in EPA's proposed rule regarding
conformity requirements for areas designated nonattainment under the
new 8-hour ozone and PM2.5 national ambient air quality
standards. This ICR describes the nature of the information collection
and its estimated burden and cost. EPA is soliciting comments on
specific aspects of the proposed information collection as described
below.
DATES: Comments must be submitted on or before March 5, 2004.
ADDRESSES: Submit your comments, referencing docket ID number OAR-2003-
0049, to (1) EPA online using EDOCKET (our preferred method), by email
to a-and-r-Docket@epa.gov, Attention Air Docket ID No. OAR-2003-0049,
or by mail to: Air Docket, Environmental Protection Agency, Mailcode:
6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention
Docket ID No. OAR-2003-0049, and (2) OMB at: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), 725 17th
Street, NW., Washington, DC 20503, Attention: Desk Officer for EPA.
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; telephone number: (734) 214-4842; fax number: (734) 214-4052;
email address: patulski.meg@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has established a public docket for the
proposed rule regarding conformity requirements for areas designated
nonattainment under the new 8-hour ozone and PM2.5 national
ambient air quality standards (November 5, 2003, 68 FR 62690), which
includes ICR 2130.01, under Docket ID No. OAR-2003-0049. Interested
parties can obtain a copy of the ICR 2130.01 Supporting Statement in
Docket ID No. OAR-2003-0049, and submit comments during the public
comment period for today's notice. The Supporting Statement includes
further information regarding the how EPA derived the burden and cost
estimates described below.
The docket is available for public viewing at the Air Docket in the
EPA Docket Center (EPA/DC), EPA West,
[[Page 337]]
Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742. An electronic version of the public docket is
available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.
Use EDOCKET to submit or view public comments, access the index listing
of the contents of the public docket, and to access those documents in
the public docket that are available electronically. Once in the
system, select ``search,'' then key in the docket ID number identified
above.
Any comments related to this ICR should be submitted to EPA and OMB
within 60 days of this notice. EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing in EDOCKET as EPA receives them and without change,
unless the comment contains copyrighted material, Confidential Business
Information (CBI), or other information whose public disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in EDOCKET. The entire
printed comment, including the copyrighted material, will be available
in the public docket. Although identified as an item in the official
docket, information claimed as CBI, or whose disclosure is otherwise
restricted by statute, is not included in the official public docket,
and will not be available for public viewing in EDOCKET. For further
information about the electronic docket, see EPA's Federal Register
notice describing the electronic docket at 67 FR 38102 (May 31, 2002),
or go to http://www.epa.gov/edocket.
Title: Transportation Conformity Determinations for Federally
Funded and Approved Transportation Plans, Programs and Projects Under
the New 8-hour Ozone and PM2.5 National Ambient Air Quality
Standards, EPA ICR Number 2130.01.
Abstract: Transportation conformity determinations are 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). Conformity to the purpose of the SIP means that
transportation activities will not cause new air quality violations,
worsen existing violations, or delay timely attainment of the relevant
air quality standards. Transportation conformity applies under EPA's
conformity regulations at 40 CFR part 93, subpart A, to areas that are
designated nonattainment and those redesignated to attainment after
1990 (``maintenance areas'' with plans developed under Clean Air Act
section 175A) for transportation-related criteria pollutants. The Clean
Air Act gives EPA the statutory authority to establish the criteria and
procedures for determining whether transportation activities conform to
the SIP.
On November 5, 2003, EPA proposed conformity requirements for areas
designated nonattainment under the new 8-hour ozone and
PM2.5 national ambient air quality standards (NAAQS or
``standards''; 68 FR 62690). EPA has submitted this ICR to address the
additional burden associated with making conformity determinations for
the new standards over the first three years after nonattainment
designations. The final rule will respond to any OMB or public comments
on the information collection requirements contained in this proposal.
Specifically, the ICR includes additional burden estimates for
conducting conformity determinations on transportation plans,
transportation improvements programs (TIPS) and projects in the
following types of metropolitan and isolated rural areas:
? Brand new nonattainment areas that have never demonstrated
conformity for any pollutant and standard;
? Existing nonattainment and maintenance areas with previous
conformity experience that will be demonstrating conformity for an
additional pollutant (e.g., existing areas that will be doing
conformity for PM2.5, a new pollutant not previously covered
by the rule); and
? New nonattainment counties that may be added to some
existing 1-hour ozone areas that expand under the 8-hour ozone
standard.
The information collection requirements of EPA's existing
transportation conformity rule are covered under the Department of
Transportation's (DOT's) ICR entitled, ``Metropolitan and Statewide
Transportation Planning,'' with the OMB Control Number 2132-0529. The
DOT ICR accounts for conformity burden in 1-hour ozone, CO,
PM10, and NO2 nonattainment and maintenance
areas. EPA's ICR includes only the incremental burden associated with
making conformity determinations for the new standards, including
start-up costs that areas will incur in the first three years after
nonattainment designations (e.g., rule familiarization and conformity
training in brand new areas). This ICR does not address the development
of transportation plans and TIPs or motor vehicle emissions budgets,
since these documents are developed to meet other requirements.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Burden Statement: The ICR estimates the annual state and local
burden for conformity activities in each metropolitan nonattainment
area that incurs additional burden under the new ozone and
PM2.5 standards to be 325 hours/year at a cost of $16,320/
year. Additional federal burden associated with conformity for each of
these metropolitan nonattainment areas is approximately 127 hours/year
at a cost of $6,400/year. Average State and local burden associated
with conformity for each isolated rural nonattainment area that incurs
new burden under the new standards is 42 hours/year at a cost of
$2,111/year. New federal burden associated with each of these areas is
calculated to be 10 hours/year at a cost of $503/year.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and
[[Page 338]]
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
Respondents/Affected Entities: State and local entities affected by
this ICR include metropolitan planning organizations, local transit
agencies, State departments of transportation, and State and local air
quality agencies. Federal agencies affected by this ICR include the
Federal Highway Administration (FHWA), Federal Transit Administration
(FTA), and EPA.
Estimated Number of Respondents: This ICR estimates that
approximately 86 metropolitan and isolated rural areas designated
nonattainment for one or both of the new 8-hour ozone and
PM2.5 standards will incur additional burden.
Frequency of Response: The information collections described in
this ICR must be completed before a transportation plan, TIP or project
conformity determination is made. Transportation plans must be found to
conform at least every three years. TEA-21 and DOT's planning
regulations require that TIPs be updated at least every two years,
therefore, a conformity determination on the TIP in metropolitan areas
is required at least every two years. Conformity determinations on
projects in metropolitan and isolated rural areas are required on an as
needed basis. This ICR assumes that areas with additional burden will
complete approximately 1,510 total plan, TIP and project-level
conformity determinations every year.
Estimated Total Annual Hour Burden: The ICR estimates a total
annual burden to all Federal, State and local agency respondents over
the 3-year period covered by this ICR to be 35,683 hours. Total annual
burden for State and local agencies alone is 25,669, while the total
annual burden for Federal agency respondents is 10,014 hours.
Estimated Total Annual Cost: The total annual cost to all Federal,
State and local agency respondents over the 3-year period covered by
this ICR is estimated to be approximately $1,793,072. The annual cost
for all State and local agencies is $1,289,869, while the annual cost
portion for Federal agency respondents is $503,203.
Changes in the Estimates: Not applicable. This is a new ICR
submission, rather than a change to an existing EPA ICR.
Dated: December 23, 2003.
Leila Cook,
Acting Director, Transportation and Regional Programs Division, Office
of Transportation and Air Quality.
[FR Doc. 04-12 Filed 1-2-04; 8:45 am]
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