[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53483-53484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16873]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0269; FRL 11000-01-OAR]


Proposed Information Collection Request; Comment Request; 
Transportation Conformity Determinations for Federally Funded and 
Approved Transportation Plans, Programs and Projects, EPA ICR No. 
2130.07, OMB Control No. 2060-0561

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Transportation 
Conformity Determinations for Federally Funded and Approved 
Transportation Plans, Programs, and Projects'' (EPA ICR No. 2130.07, 
OMB Control No. 2060-0561), to the Office of Management and Budget 
(OMB) for review and approval in accordance with the Paperwork 
Reduction Act. Before doing so, EPA is soliciting public comments on 
specific aspects of the proposed information collection as described 
below. This is a proposed extension of the ICR, which is currently 
approved through February 29, 2024.

DATES: Comments must be submitted on or before October 10, 2023.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2007-0269 online using www.regulations.gov (our preferred method) or by 
mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 
28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy 
is that all comments received will be included in the public docket 
without change including any personal information provided, unless the 
comment includes profanity, threats, information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Aaron Letterly, Office of 
Transportation and Air Quality, Environmental Protection Agency, 2000 
Traverwood Drive, Ann Arbor, MI 48105; telephone number: 734-214-4340; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that EPA will be collecting are available in the public 
docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit https://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it 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. EPA 
will consider the comments received and amend the ICR as appropriate. 
The final ICR package will then be submitted to OMB for review and 
approval. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    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 activities include transportation plans, transportation 
improvement programs (TIPs), and federally funded or approved highway 
or transit projects. Conformity to the purpose of the SIP means that 
transportation activities will not cause

[[Page 53484]]

or contribute to new air quality violations, worsen existing 
violations, or delay timely attainment of the relevant national ambient 
air quality standards (NAAQS or ``standards'') or interim milestones.
    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 the following transportation-related criteria pollutants: 
ozone, particulate matter (PM2.5 and PM10), 
carbon monoxide (CO), and nitrogen dioxide (NO2). EPA 
published the original transportation conformity rule on November 24, 
1993 (58 FR 62188), and subsequently published several revisions. EPA 
develops the conformity regulations in coordination with the Federal 
Highway Administration (FHWA) and Federal Transit Administration (FTA).
    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.\1\
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    \1\ Some projects are exempt from all or certain conformity 
requirements; see 40 CFR 93.126, 93.127, and 93.128.
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    EPA considered the following in renewing the existing ICR:
     Burden estimates for transportation conformity 
determinations (including both regional and project-level) in current 
nonattainment and maintenance areas for the ozone, PM2.5, 
PM10, and CO NAAQS; \2\
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    \2\ Currently there are no NO2 nonattainment or 
maintenance areas that are required to make transportation 
conformity determinations.
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     Federal burden associated with EPA's adequacy review 
process for submitted SIP motor vehicle emissions budgets that are to 
be used in conformity determinations;
     Efficiencies in areas making conformity determinations for 
multiple NAAQS;
     Differences in conformity resource needs in large and 
small metropolitan areas and isolated rural areas;
     Infrequency of conformity determinations in isolated rural 
areas;
     Reduced burden from certain areas no longer determining 
conformity for the 1997 annual PM2.5 NAAQS due to 
revocation; \3\
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    \3\ See 81 FR 58010 (published on August 24, 2016 and effective 
October 24, 2016) for a description of this revocation and 
implications for transportation conformity.
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     Reduced burden from areas completing 20 years of 
maintenance for PM10, NO2 and CO NAAQS, at which 
time transportation conformity is no longer required; and,
     The limited conformity requirements that apply in the 1997 
ozone NAAQS areas that were not designated nonattainment for a later 
ozone NAAQS.
    This ICR does not include burden associated with the general 
development of transportation planning and air quality planning 
documents for meeting other federal requirements.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by 
this action are metropolitan planning organizations (MPOs), state 
departments of transportation, local transit agencies, and state and 
local air quality agencies. Federal agencies potentially affected by 
this action include FHWA, FTA, and EPA.
    Respondent's obligation to respond: Mandatory pursuant to Clean Air 
Act section 176(c) (42 U.S.C. 7506(c)) and 40 CFR and Part 93 Subpart 
A.
    Estimated number of respondents: EPA estimates that 102 MPOs will 
be subject to transportation conformity requirements during the period 
covered by this ICR and that EPA Regional Offices, FHWA, and FTA will 
be involved in interagency consultation, and review of MPO 
transportation-related conformity determinations during this process. 
EPA also estimates that similar consultation will occur for project-
level conformity determinations in isolated rural areas. In addition, 
there are 46 MPOs that determine conformity only for the 1997 ozone 
NAAQS that are also accounted for, but their conformity-related 
requirements are estimated to be limited and less burdensome due to the 
circumstances with that NAAQS.
    Frequency of response: The information collections described in 
this ICR must be completed before a transportation plan, TIP, or 
project conformity determination is made. The Clean Air Act requires 
conformity to be determined for transportation plans and TIPs every 
four years. Conformity determinations on projects in metropolitan and 
isolated rural areas are required on an as-needed basis.
    Total estimated burden: 42,481 hours (per year). Burden is defined 
at 5 CFR 1320.3(b).
    Total estimated cost: $2,946,914 (per year), includes zero 
annualized capital or operation and maintenance costs.
    Changes in Estimates: There is a decrease of 8,590 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. This decrease is due to PM10, 
NO2, and CO areas reaching the end of the 20-year 
maintenance period, beyond which transportation conformity is not 
required, as well as fewer transportation conformity determinations for 
areas previously designated nonattainment or maintenance for the 1997 
annual PM2.5 NAAQS and the 1997 ozone NAAQS. Additionally, 
EPA updated its assumptions about the frequency of conformity 
determinations in isolated rural areas, which reduced the number of 
actions and resulting burden hours compared to previous ICRs.

Michael Moltzen,
Deputy Director, Transportation and Climate Division, Office of 
Transportation and Air Quality, Office of Air and Radiation.
[FR Doc. 2023-16873 Filed 8-7-23; 8:45 am]
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