[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Notices]
[Pages 336-338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12]


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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 [email protected], 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: [email protected].

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,

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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:
    [sbull] Brand new nonattainment areas that have never demonstrated 
conformity for any pollutant and standard;
    [sbull] 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
    [sbull] 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

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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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