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
02/28/2015
36 Months From Approved
02/29/2012
11,044
0
10,433
88,404
0
52,304
0
0
0
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.
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:
(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;
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.
2130ss04.docx
Transportation Conformity Determiniations for Federally Funded and Approved Transportation Plans, Program and Projects (Renewal)