[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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