SUPPORTING
STATEMENT
FOR
EPA
INFORMATION
COLLECTION
REQUEST
NUMBER
1637.05
"
GENERAL
CONFORMITY
OF
FEDERAL
ACTIONS
TO
STATE
IMPLEMENTATION
PLANS"

September
27,
2001
ii
TABLE
OF
CONTENTS
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
............................
1
1(
a)
Title
and
Number
of
the
Information
Collection
.........................................
1
1(
b)
Characterization
of
the
Information
Collection
...........................................
1
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
.................................................
4
2(
a)
Need
and
Authority
for
the
Collection
.......................................................
4
2(
b)
Use
and
Users
of
the
Data
........................................................................
4
3.
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
.............................................................................................
5
3(
a)
Non­
Duplication
......................................................................................
5
3(
b)
Consultations
...........................................................................................
5
3(
c)
Effects
of
Less
Frequent
Collection
...........................................................
6
3(
d)
General
Guidelines
...................................................................................
6
3(
e)
Confidentiality
.........................................................................................
6
3(
f)
Sensitive
Questions
..................................................................................
7
4.
THE
RESPONDENTS
AND
THE
INFORMATION
COLLECTED
.....................
7
4(
a)
Respondents
and
SIC
Codes
.....................................................................
7
4(
b)
Information
Requested
.............................................................................
8
5.
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIONS,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
...........................
13
5(
a)
Agency
Activities
...................................................................................
13
5(
b)
Collection
Methodology
and
Management
...............................................
16
5(
c)
Small
Entity
Flexibility
...........................................................................
17
5(
d)
Collection
Schedule
...............................................................................
17
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
...............
17
6(
a)
Estimating
Respondent
Burden
...............................................................
17
6(
b)
Estimating
Respondent
Costs
.................................................................
18
6(
c)
Estimated
Agency
Burden
and
Cost
........................................................
19
6(
d)
Bottom
Line
Burden
Hours
and
Costs
.....................................................
20
6(
e)
Reasons
for
Change
in
Burden
................................................................
21
6(
f)
Burden
Statement
..................................................................................
21
APPENDIX
A
..............................................................................................................
22
1
The
part
93
requirements
are
identical
to
the
part
51
requirements
with
one
exception.
The
latter
contains
a
provision
requiring
a
State
to
revise
its
implementation
plan.
To
avoid
duplication,
we
will
cite
only
the
part
51
sections;
however,
the
relevant
part
51
discussion
also
applies
to
the
equivalent
part
93
rules.

1
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
This
information
collection
request
(
ICR)
is
entitled
"
General
Conformity
of
Federal
Actions
to
State
Implementation
Plans,"
ICR
number
1637.05.

1(
b)
Characterization
of
the
Information
Collection
The
Clean
Air
Act
Amendments
of
1990
strengthened
the
conformity
provisions
of
the
Clean
Air
Act
(
CAA).
Prior
to
the
1990
Amendments,
the
conformity
provisions
provided
that
no
Federal
department
shall
(
1)
engage
in,
(
2)
support
in
any
way
or
provide
financial
assistance
for,
(
3)
license
or
permit,
or
(
4)
approve
any
action
which
does
not
conform
to
a
State
implementation
plan
(
SIP)
after
it
has
been
approved
or
promulgated.
Because
the
Act
contained
no
specific
definition
of
conformity,
some
Federal
agencies
interpreted
these
provisions
to
mean
that
actions
supported
or
approved
by
agencies
had
to
conform
only
with
the
measures
contained
in
a
SIP.
The
1990
Amendments
clarified
and
expanded
the
conformity
provisions
by
defining
conformity
to
a
SIP
as
conformity
to
the
plan's
purpose
of
attaining
and
maintaining
the
national
ambient
air
quality
standards
(
NAAQS)
or
emission
reduction
progress
plans
leading
to
attainment.
Section
176(
c)(
1)
of
the
1990
Amendments
further
establishes
that
Federal
agencies
and
departments
cannot
support
or
approve
an
action
that
does
any
of
the
following:

 
Causes
or
contributes
to
new
violations
of
any
standard
in
any
area;

 
Increases
the
frequency
or
severity
of
any
existing
violation
of
any
standard
in
any
area;
or
 
Delays
timely
attainment
of
any
standard
or
any
required
interim
emission
reductions
or
other
milestones
in
any
area.

The
Environmental
Protection
Agency
(
EPA)
promulgated
the
general
conformity
regulations
at
40
CFR
part
51,
subpart
W
and
40
CFR
part
93,
subpart
B
on
November
30,
1993
under
the
authority
of
CAA,
as
amended.
1
Section
51.850
of
the
rule
establishes
that
no
instrumentality
of
the
Federal
government
shall
"
engage
in,
support
in
any
way
or
provide
financial
assistance
for,
license
or
permit,
or
approve
any
action
which
does
not
conform
to
an
applicable
implementation
plan."
The
general
conformity
rule
ensures
that
general
Federal
actions
conform
to
the
appropriate
SIPs
and
sets
forth
the
requirements
a
Federal
agency
must
comply
with
to
make
a
conformity
determination.
2
Such
Federal
actions
must
meet
the
procedures
established
at
40
CFR
part
51,
subpart
T
(
Transportation
Conformity),
in
lieu
of
the
procedures
set
forth
in
subpart
W.

2
The
general
conformity
requirements
in
subpart
W
apply
to
those
Federal
actions
in
nonattainment
or
maintenance
areas
that
satisfy
one
of
the
following
two
conditions:

 
The
action's
direct
and
indirect
emissions
have
the
potential
to
emit
one
or
more
of
the
six
criteria
pollutants
at
rates
equal
to
or
exceeding
those
established
in
paragraph
(
b)(
1)
(
see
Table
1(
a))
or
(
b)(
2)
(
see
Table
1(
b))
of
§
51.853,
for
Federal
actions
in
nonattainment
and
maintenance
areas,
respectively;
or
 
The
action's
direct
and
indirect
emissions
of
any
criteria
pollutant
represent
10
percent
or
more
of
a
nonattainment
or
maintenance
area's
total
emissions
inventory
for
that
pollutant.

Examples
of
Federal
actions
that
may
require
a
conformity
determination
include
leasing
of
Federal
land,
private
construction
on
Federal
land,
reuse
of
military
bases,
and
construction
of
Federal
office
buildings.
The
general
conformity
requirements
do
not
apply
to
Federal
actions
that:

 
Do
not
satisfy
either
one
of
the
above
conditions;

 
Occur
in
an
attainment
area;

 
Are
covered
by
transportation
plans,
programs,
and
projects
developed,
funded,
or
approved
under
the
Federal
Transit
Act
(
49
U.
S.
C.
1601);
2
or
 
Qualify
for
exemptions
established
at
§
51.853
(
e.
g.,
judicial
and
legislative
proceedings;
rulemaking
and
policy
development;
electric
power
marketing
activities
that
involve
the
acquisition,
sale,
and
transmission
of
electric
energy;
prescribed
burning;
and
continuing
responses
to
an
emergency
or
disaster).
3
TABLE
1(
a)
Emissions
Rates
for
Criteria
Pollutants
in
Nonattainment
Areas
(
NAAs)

Pollutant
Tons/
year
Ozone
(
VOC
or
NO
x):
Serious
NAAs
50
Severe
NAAs
25
Extreme
NAAs
10
Other
ozone
NAAs
outside
an
ozone
transport
region
100
Marginal
and
moderate
NAAs
inside
an
ozone
transport
region:
VOC
50
NO
x
100
Carbon
monoxide:
All
NAAs
100
SO
2
or
NO
2:
All
NAAs
100
PM­
10:
Moderate
NAAs
100
Serious
NAAs
70
Pb:
All
NAAs
25
TABLE
1(
b)
Emissions
Rates
for
Criteria
Pollutants
in
Maintenance
Areas
Pollutant
Tons/
year
Ozone
(
NO
x),
SO
2
or
NO
2:
All
maintenance
areas:
Ozone
(
VOC)
100
Maintenance
areas
inside
an
ozone
transport
region
50
Maintenance
areas
outside
an
ozone
transport
region
100
Carbon
monoxide:
All
maintenance
areas
100
PM­
10:
All
maintenance
areas
100
Pb:
All
maintenance
areas
25
The
head
of
each
Federal
agency
is
responsible
for
ensuring
that
the
agency's
actions
conform
to
the
SIPs.
States,
local
agencies,
and
private
industry
also
may
participate
in
a
proposed
Federal
action.
Under
this
scenario,
the
Federal
agency
overseeing
the
action
can
3
This
type
of
agreement
would
apply,
for
example,
to
companies
obtaining
licenses
or
permits,
receiving
financial
assistance,
or
engaging
in
other
actions
with
the
Federal
government.
4
Accounting
for
these
actions
represents
no
extra
burden
to
the
agencies
because
the
work
will
be
a
part
of
the
normal
SIP
revision
process
stipulated
under
section
110
of
the
CAA.

4
arrange
for
the
other
proponents
(
e.
g,
private
industry3)
of
the
action
to
complete
the
analysis
supporting
a
conformity
determination.
In
general,
however,
respondents
under
the
general
conformity
rule
are
Federal
agencies.

This
ICR
is
a
comprehensive
description
of
all
information
collection
requirements
contained
at
40
CFR
part
51,
subpart
W
and
40
CFR
part
93,
subpart
B.
This
ICR
includes
the
costs
to
States
and
local
agencies
for
assisting
in
the
release
of
data,
as
well
as
the
cost
of
the
information
collection
burden
on
Federal
agencies
and
other
proponents
of
actions
that
require
Federal
support
or
approval.
It
should
be
noted
that
most
Federal
actions
involving
a
large
air
component
already
would
conduct
air
quality
analyses
in
accordance
with
the
requirements
of
the
National
Environmental
Policy
Act
(
NEPA);
therefore,
the
costs
attributable
to
the
general
conformity
requirements
will
be
incremental.

2.
Need
for
and
Use
of
the
Collection
2(
a)
Need
and
Authority
for
the
Collection
The
EPA
promulgated
the
general
conformity
regulations
at
40
CFR
part
51,
subpart
W
under
the
authority
of
section
176(
c)(
1)
of
the
CAA,
as
amended,
as
described
in
section
1(
b)
of
this
document.
The
Federal
government
needs
information
collected
under
subpart
W
to
ensure
that
Federal
actions
conform
to
a
SIP,
thereby
"
eliminating
or
reducing
the
severity
and
number
of
violations
of
the
NAAQS
and
achieving
expeditious
attainment
of
such
standards,
and
that
such
activities
will
not:
(
1)
cause
or
contribute
to
any
new
violation
of
any
standard
in
any
area,
(
2)
increase
the
frequency
or
severity
of
any
existing
violation
of
any
standard
in
any
area,
(
3)
or
delay
timely
attainment
of
any
standard
or
any
required
interim
emission
reductions
or
other
milestones
in
any
area
(
CAA
Section
176(
c)(
1))."
The
Agency
needs
this
information
to
guarantee
that
Federal
actions
do
not
impede
the
goal
of
attaining
and
maintaining
the
NAAQS
throughout
the
US.

2(
b)
USE
AND
USERS
OF
THE
DATA
The
Federal
government
uses
information
collected
under
40
CFR
part
51,
subpart
W
to
ensure
that
general
Federal
actions
conform
to
applicable
provisions
of
the
SIP
and
that
the
Federal
action
does
not
impede
the
goal
of
attaining
and
maintaining
the
NAAQS
throughout
the
country.
The
State
and
local
air
agencies
use
the
results
from
conformity
determinations
to
account
for
Federal
actions
in
their
SIPs.
In
order
to
attain
and
maintain
the
NAAQS,
the
State
and
local
air
agencies
want
accurate
data
forecasting
the
impacts
of
major
Federal
actions
on
their
regions.
4
The
primary
users
of
the
data,
however,
will
be
the
proponents
of
the
Federal
actions.
Federal
agencies,
and/
or
the
private
sponsors
of
a
Federal
action,
responding
5
to
Subpart
W
requirements
use
information
they
collect
for
several
reasons:
(
i)
to
determine
applicability
of
the
general
conformity
requirements;
(
ii)
to
demonstrate
that
their
actions
satisfy
both
the
emissions
and
air
quality
criteria
stipulated
in
the
regulation;
and
(
iii)
to
demonstrate
that
their
actions
conform
to
applicable
provisions
of
the
SIP.

3.
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
Duplication
This
regulation
has
tried
to
avoid
duplicating
the
collection
efforts
required
from
Federal
agencies
and
private
industry
under
other
regulatory
programs.
The
New
Source
Review
(
NSR)
program
under
section
173
of
the
CAA,
the
Operating
Permit
Program
under
title
V
of
the
CAA,
and
the
Toxic
Release
Inventory
(
TRI)
Program
under
EPCRA
313
all
generate
extensive
air
quality
data.
This
regulation
assumes
that
the
actions
regulated
by
these
other
programs
conform
to
the
SIP.
Furthermore,
the
conformity
regulation
ensures
that
conformity
analyses
do
not
duplicate
the
air
quality
analyses
performed
for
EISs
under
the
NEPA
regulations,
40
CFR
part
1500­
1508.
If
an
air
quality
analysis
in
an
EIS
uses
the
most
recent
data
available
from
the
State
and/
or
local
air
quality
agency,
and
reveals
that
the
major
Federal
action
will
not
violate
the
goal
of
assuring
conformity
to
the
local
SIP,
then
a
conformity
analysis
is
not
necessary
for
the
action.
Some
EISs
will
require
further
analysis
in
order
to
conform
to
the
SIP,
and
some
EAs
will
require
conformity
analysis.
The
regulation
also
assumes
that
a
proposed
Federal
action
whose
criteria
pollutant
emissions
have
already
been
included
in
the
local
SIP's
attainment
or
maintenance
demonstrations
conforms
to
the
SIP.

3(
b)
Consultations
The
EPA
made
every
effort
to
consult
with
the
appropriate
Federal
agencies
to
prepare
this
ICR.
The
EPA
solicited
specific
burden
information
by
conducting
a
survey
of
the
Federal
agencies
identified
as
most
significantly
affected
by
the
rule
to
collect
the
following
types
of
information
concerning
general
conformity
determinations:

(
i)
Estimated
incremental
burdens
for
completing
a
general
conformity
determination
according
to
the
requirements
of
40
CFR
part
51,
subpart
W.

(
ii)
The
annual
number
of
Federal
actions
that
are
subject
to
the
general
conformity
rule.

The
EPA
received
limited
responses
to
its
inquiries
to
the
other
Federal
agencies
and
had
to
prepare
its
draft
supporting
document
based
upon
responses
from
four
Federal
agencies
and
three
EPA
Regional
offices.
EPA
published
in
the
Federal
Register
on
February
1,
2001,
(
66FR
21136)
a
notice
of
proposed
information
collection
request
and
announced
the
availability
of
the
draft
supporting
document.
The
EPA
received
two
comments
on
the
draft
6
statement.
One
commenter
representing
a
major
airport
believed
that
the
resource
burden
associated
with
the
information
gathering
requirements
were
excessive.
The
commenter
believed
this
was
due
to
regulations
that
were
unclear
with
regards
to
the
type
of
modeling
that
was
deemed
to
be
sufficient.
Another
commenter
representing
a
consortium
of
airport
and
airlines
believed
that
EPA
had
significantly
underestimated
the
burden
of
the
proposed
collection
of
information
on
non­
federal
proponents
and
applicants.
Based
on
the
estimates
received
from
the
consortium
of
airport
authorities
and
air
carriers,
EPA
revised
the
number
of
man­
hours
hours
that
was
published
in
the
Federal
Register
Notice
dated
April
27,
2001.
These
hours
were
used
to
calculate
the
total
annual
projected
burden
and
costs
for
non­
federal
proponents
providing
information
to
the
Federal
agencies.
The
number
was
revised
from
5,040
to
9,000
man­
hours.
However,
the
costs
associated
with
these
hours
as
provided
by
the
consortium
were
extremely
high
and
do
not
reflect
published
rates
for
contractor
technical
staff.
Because
no
documentation
was
provided
for
these
costs,
EPA
assumed
a
rate
of
56.16
dollars
per
hour
which
it
believes
more
accurately
reflects
rates
for
contractor
technical
support.
If
the
consortium
provides
documentation
for
its
costs,
EPA
will
re­
evaluate
their
use
at
that
time.

The
estimates
presented
in
this
ICR
are
based
on
a
survey
of
Federal
agency
respondents.
Appendix
A
provides
a
list
of
the
Federal
agencies
contacted
and
a
summary
of
the
data
submitted
by
participating
Federal
agencies.

3(
c)
Effects
of
less
Frequent
Consultations
Under
the
regulation,
the
conformity
status
of
a
major
Federal
action
lapses
every
5
years
from
the
date
the
determination
is
made
unless
the
action
is
completed
or
is
part
of
a
continuous
program.
Since
SIPs
generally
change
over
time,
reducing
the
determinations
to
less
frequently
than
every
5
years
would
compromise
the
goal
of
section
176
(
c)(
1)
of
the
CAA,
which
encourages
Federal
agencies
to
conform
to
the
SIP.

3(
d)
General
Guidelines
This
ICR
adheres
to
the
guidelines
stated
in
the
1995
Paperwork
Reduction
Act,
OMB's
implementing
regulations,
EPA's
Information
Collection
Request
Handbook,
and
none
of
these
reporting
or
record
keeping
requirements
violate
any
of
the
regulations
established
by
OMB
in
CFR
1320.5.

3(
e)
Confidentiality
Any
information
submitted
to
the
EPA
for
which
a
claim
of
confidentiality
is
made
will
be
safeguarded
according
to
the
EPA's
policies
set
forth
in
Title
40,
Chapter
1,
Part
2,
Subpart
B
­
Confidentiality
of
Business
Information
(
see
40
CFR
part
2;
41
FR
36902,
September
1,
1976;
amended
by
43
FR
39999,
September
8,
1978;
43
FR
42251,
September
28,
1978;
and
44
FR
17674,
March
23,
1979).
7
3(
f)
SENSITIVE
QUESTIONS
No
questions
of
a
sensitive
nature
are
included
in
any
of
the
information
collection
requirements.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents
and
SIC
Codes
In
the
general
conformity
process,
the
respondent
is
either
a
Federal
agency
or
a
State,
local
agency,
or
private
sponsor
of
a
proposed
Federal
action.
Because
section
176(
c)(
1)
of
the
CAA
states
that
Federal
agencies
cannot
"...
support
in
any
way
or
provide
financial
assistance
for,
license
or
permit,
or
approve,
any
action
that
does
not
conform
to
an
implementation
plan,"
the
range
of
Federal
actions
affected
by
the
regulation
is
broad.
In
addition,
there
are
many
different
types
of
private
industries
that
could
be
affected
by
the
regulations
(
e.
g.,
those
seeking
licenses
or
permits
from
the
Federal
government).

Thus,
the
following
is
a
representative
list
of
SIC
codes
for
the
government
and
private
industries
that
could
be
affected
by
the
regulation.
Major
Groups
91­
97
indicate
executive,
legislative,
judicial,
administrative,
and
regulatory
branches
of
Federal,
State,
and
local
governments.
Government­
owned
and
government­
or
contractor­
operated
business
establishments,
however,
are
classified
in
Major
Groups
1­
89
according
to
the
activity
in
which
they
are
engaged.

1541
General
Contractors
­
Industrial
Buildings
and
Warehouses
1542
General
Contractors
­
Nonresidential
Buildings,
Other
Than
Industrial
Buildings
and
Warehouses
1623
Water,
Sewer,
Pipeline,
and
Communications
and
Power
Line
Construction
1629
Heavy
Construction,
Not
Elsewhere
Classified
4512
Air
Transportation,
Scheduled
4513
Air
Courier
Services
4581
Airports,
Flying
Fields,
and
Airport
Terminal
Services
9511
Air
and
Water
Resource
and
Solid
Waste
Management
9532
Administration
of
Urban
Planning
and
Community
and
Rural
Development
9631
Regulation
and
Administration
of
Communications,
Electric,
Gas,
and
Other
Utilities
9711
National
Security
5
According
to
Section
51.852,
"
regionally
significant"
means
a
Federal
action
for
which
the
direct
and
indirect
emissions
of
any
pollutant
represent
10
percent
or
more
of
a
nonattainment
or
maintenance
area's
total
emissions
inventory
for
that
pollutant.

8
4(
b)
Information
Requested
The
EPA
requires
Federal
agencies
taking
actions
to
perform
certain
steps
to
ensure
conformity
of
the
action
to
the
SIP.
Figure
1
lists
the
typical
tasks
by
the
respondent
in
the
conformity
process.
This
section
describes
information
collection
requirements
associated
with
the
general
conformity
process
established
at
40
CFR
part
51,
subpart
W.
The
general
conformity
process
may
include
two
main
components:
(
1)
determine
applicability
and
(
2)
perform
conformity
analysis.

The
EPA
requires
Federal
agencies
taking
actions
to
perform
certain
steps
to
ensure
conformity
of
the
action
to
the
SIP.
Figure
1
lists
the
typical
tasks
by
the
respondent
in
the
conformity
process.
This
section
describes
information
collection
requirements
associated
with
the
general
conformity
process
established
at
40
CFR
part
51,
subpart
W.
The
general
conformity
process
may
include
two
main
components:
(
1)
determine
applicability
and
(
2)
perform
conformity
analysis.

(
1)
Applicability
Before
beginning
a
conformity
analysis,
the
Federal
agency
or
responsible
entity
must
determine
whether
or
not
the
conformity
requirements
of
40
CFR
part
51,
subpart
W
apply
to
the
proposed
action.
Section
51.853
of
the
subpart
lists
exemptions
to
the
general
conformity
provisions.
If
the
action
cannot
be
exempted
categorically,
the
respondent
will
have
to
complete
a
brief
emissions
analysis
to
determine
whether
or
not
the
action
will
be
"
regionally
significant"
5
or
the
total
direct
and
indirect
emissions
of
criteria
pollutants
in
a
nonattainment
or
maintenance
area
caused
by
the
proposed
action
would
equal
or
exceed
any
of
the
rates
set
forth
in
paragraphs
(
b)(
1)
or
(
2)
of
§
51.853
(
Tables
1(
a)
and
(
b)).
If
the
action
is
not
considered
to
be
regionally
significant
or
does
not
exceed
the
specified
emission
rates,
the
action
is
considered
to
conform
to
the
SIP,
and
the
general
conformity
process
can
stop
at
this
point.

(
i)
Data
items
Information
collection
activities
include
the
following
items:

 
Determine
applicability.

(
ii)
Respondent
actions
To
determine
applicability,
respondents
(
generally
Federal
agencies)
perform
the
following
activities:
9
 
The
respondent
must
read
the
regulations
to
understand
the
conformity
requirements.

 
The
respondent
must
compare
the
action
to
the
list
of
categorical
exemptions.

 
For
actions
not
exempted,
the
respondent
must
calculate
total
emissions.
10
Negotiate
mitigation
measures
Prepare
draft
determination
Provide
notice
of
draft
determination
Perform
air
quality
test
­
Calculate
emission
estimates
­
Do
regional
or
local
scale
emissions
modeling
­
Perform
mitigation
analysis
Figure
1.
Typical
Respondent
Tasks
in
General
Conformity
Process
Become
familiar
with
conformity
process
Determine
applicability
Consult
with
regulatory
agencies:
EPA,
State,
local
air
agency,
or
MPO
Collect
data
from
State,
local
air
agency,
or
MPO
Receive
and
consider
comments
on
draft
determination
Prepare
final
determination
11
The
respondent
must
determine
whether
or
not
the
activity
will
be
"
regionally
significant."

 
The
respondent
must
determine
whether
its
emissions
will
be
above
the
levels
specified
in
§
51.853(
b)(
1)
and
(
2)
(
Tables
1(
a)
and
(
b)).

(
2)
Conformity
Determination
Federal
actions
that
exceed
de
minimis
thresholds
or
that
are
regionally
significant
are
subject
to
the
requirements
of
Subpart
W;
therefore,
these
respondents
must
conduct
their
own
conformity
determination.
Sections
51.855,
51.856,
51.859,
and
51.860
establish
procedures
and
information
collection
requirements
for
conducting
conformity
determinations.
In
general,
the
level
of
information
collection
requirements
for
completing
a
conformity
determination
will
vary
with
the
complexity
of
the
proposed
Federal
activity.

(
i)
Data
Items
Information
collection
requirements
include
the
following:

 
Conduct
conformity
determination.

(
ii)
Respondent
actions
To
conduct
the
conformity
determination,
respondents
(
generally
Federal
agencies)
perform
the
following
activities.

 
The
respondent
may
consult
with
regulatory
agencies.

 
Once
the
respondent
determines
that
the
conformity
requirements
apply
to
the
proposed
action,
the
respondent
may
consult
with
the
EPA
Regional
Office
and/
or
the
State
or
local
air
agency
(
e.
g.,
to
provide
information
regarding
the
action
and
determine
the
level
of
analysis
necessary
for
the
determination).

 
The
respondent
needs
to
collect
data
from
the
State
and/
or
local
air
agencies
and
other
appropriate
offices
(
e.
g.,
National
Weather
Service).

 
The
respondent
will
need
to
arrange
meetings
and
consult
with
appropriate
persons
at
the
State
and/
or
other
local
agencies
to
collect
the
most
recent
data
(
e.
g.,
air
quality
trends,
meteorological
data,
sitespecific
emission
data)
for
the
analysis.
12
 
The
respondent
needs
to
perform
air
quality
analysis.

 
The
respondent
will
determine
if
the
proposed
action
has
been
accounted
for
in
the
current
SIP
or
if
its
emissions
increases
could
be
offset
by
emission
reductions
from
existing
sources
in
the
area.

 
If
the
proposed
activity
is
complex,
the
respondent
might
have
to
perform
hot
spot
and/
or
regional
air
quality
modeling
for
the
relevant
criteria
pollutants
to
demonstrate
that
the
emissions
from
the
proposed
activity
would
not
cause
violations
of
the
NAAQS
or
would
not
increase
the
frequency
or
severity
of
existing
violations.

 
The
respondent
may
need
to
develop
a
mitigation
plan.
If
a
mitigation
plan
is
necessary:

 
The
respondent
must
develop
a
mitigation
plan,
identifying
the
mitigation
measures,
process,
and
schedule
for
implementing
it.

 
The
respondent
must
guarantee
financial
resources
for
implementing
the
mitigation
plan.

 
The
respondent
must
prepare
a
draft
determination
on
the
conformity
assessment.

 
The
respondent
must
present
a
draft
determination.

 
The
responsible
Federal
agency
must
notify
the
appropriate
EPA
Regional
Office(
s),
State
and
local
air
quality
agencies,
other
Federal
agencies
if
appropriate,
and
the
MPO
(
if
applicable).

 
For
those
actions
that
are
presumed
to
conform
because
they
meet
one
of
the
above
criteria
for
establishing
exemption,
the
responsible
Federal
agency
must
publish
a
notice
for
comment
in
the
Federal
Register.
The
notice
must
specify
the
action
and
the
basis
for
the
determination.

 
The
responsible
Federal
agency
must
provide
at
least
30
days
for
public
comment.
The
agency
must
receive,
consider,
and
document
the
response
to
comments.

 
The
responsible
Federal
agency
must
publish
a
final
list
of
actions
in
the
Federal
Register.
13
5.
THE
INFORMATION
COLLECTED­­
AGENCY
ACTIONS,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
(
1)
EPA
Activities
The
EPA
Regional
Office
is
involved
in
the
general
conformity
process
if
the
Federal
agency
taking
action
requests
EPA's
guidance
or
if
it
wishes
to
comment
on
a
determination.
Figure
2
illustrates
an
EPA
Regional
Office's
involvement
with
the
conformity
process.

The
extent
of
EPA's
involvement
with
the
process
will
depend
on
the
level
of
communication
between
the
respondent
and
the
Regional
Office.
If
the
respondent
and
the
Regional
Office
reach
an
understanding
on
the
contents
of
the
determination
early
in
the
planning
process
of
a
proposed
action,
EPA's
involvement
could
be
limited
to
a
quick
review
of
the
results
in
the
draft
determination.
However,
if
the
respondent
does
not
contact
the
Regional
Office
and
does
an
inadequate
air
quality
analysis
for
the
determination,
EPA
could
become
involved
in
protracted
negotiations
with
the
respondent.

The
complexity
of
the
proposed
action
will
also
influence
the
extent
of
EPA's
involvement
with
the
process.
The
Regional
Office
will
not
have
to
consult
extensively
with
a
respondent
whose
proposed
action
only
requires
the
calculation
of
emissions
estimates.
The
Regional
Office
might
only
have
to
direct
the
respondent
to
the
correct
State
or
local
officials
for
obtaining
the
data
for
the
determination.
However,
if
the
proposed
action
requires
calculating
emissions
estimates,
modeling,
and
mitigation
analysis,
the
Regional
Office
might
have
to
review
the
results
and
provide
written
comment
on
each
tier
of
the
analysis.
The
Regional
office
would
expend
more
labor
hours
for
this
type
of
conformity
determination
than
the
previous
one.

The
following
is
an
outline
of
the
potential
tasks
for
an
EPA
Regional
Office
during
the
conformity
process:

 
Obtain
information
from
respondent
about
the
proposed
Federal
action.
The
EPA
Regional
Office
needs
to
learn
about
the
action
and
its
potential
impact
on
air
quality.
The
EPA
will
receive
this
information
in
initial
consultations
with
the
respondent.
14
 
Consult
with
other
regulatory
agencies
about
the
level
of
analysis
necessary
for
the
conformity
determination.
Once
the
EPA
Regional
Office
knows
about
the
action,
it
might
meet
with
the
State
and
local
air
agencies
to
reach
a
consensus
on
the
contents
of
the
determination.
Potential
subjects
of
discussion
are
outputs
of
the
15
Obtain
information
about
proposed
activity
from
respondent
Figure
2.
EPA
Regional
Offices
Participation
in
Conformity
Process
*
The
Regional
Office's
participation
in
the
process
is
not
required,
and
will
occur
if
the
respondent
requests
EPA's
guidance
or
if
EPA
wishes
to
comment
on
a
determination.
Consult
with
other
regulatory
agencies
­­
State
and/
or
local
air
agency
about
level
of
analysis
necessary
for
determination
Transmit
recommendations
to
respondent
Work
with
consultants
during
air
quality
analysis
Review
draft
determination
16
analysis,
the
pollutants
to
be
covered,
the
emissions
factors,
or
the
appropriate
modeling
protocol.
These
consultations
can
take
place
over
the
phone
or
in
a
meeting.

 
Transmit
recommendations
to
respondent.
After
the
regulatory
agencies
have
reached
a
consensus
on
the
level
of
analysis
for
the
determination,
the
EPA
Regional
Office
will
communicate
the
recommendations
to
the
respondent.
This
could
involve
a
letter
and
a
follow­
up
meeting.

 
Work
with
consultants
on
air
quality
analysis.
The
respondent
is
likely
to
hire
private
consultants
to
complete
the
air
quality
analysis.
The
EPA
Regional
Office
can
work
with
the
consultants
to
help
them
obtain
data
from
the
State
or
local
air
quality
agency,
determine
the
correct
emissions
factors
to
use,
and
decide
upon
different
modeling
techniques.
The
EPA's
involvement
with
the
consultants
ranges
from
a
phone
conversation
to
several
meetings.

 
Review
draft
conformity
determination.
If
there
has
been
adequate
communication
during
the
steps
above,
the
review
should
be
a
formality.
The
Regional
Office
will
often
send
a
letter
to
the
respondent
stating
that
the
air
quality
analysis
has
been
reviewed
and
that
a
finding
of
conformity
can
be
made
based
on
the
results.

It
should
be
emphasized
that
for
many
determinations,
EPA's
participation
in
the
last
four
steps
is
possible
but
not
probable.

(
2)
State
and
Local
Air
Agency
Activities
The
States
are
required
to
develop
and
promulgate
regulations
for
general
conformity.
In
addition,
like
the
EPA
Regional
offices,
the
State
and
local
air
agencies
will
participate
in
the
conformity
process
if
their
guidance
is
requested
by
the
respondent
or
if
they
wish
to
comment
on
a
determination.
The
extent
of
their
participation
will
vary
from
State
to
State.
In
places
where
the
State
or
local
air
agency
works
closely
with
the
EPA
Regional
office,
the
air
agency
may
take
part
in
all
of
the
same
actions
that
the
EPA
does.
Those
actions
are
listed
above
in
section
4(
a).
In
other
areas
where
the
State
or
local
air
agency
does
not
work
as
closely
with
the
Regional
office,
the
air
agency
may
limit
its
participation
to
the
initial
consultations
with
the
EPA.
Moreover,
the
agency
may
participate
in
fewer
conformity
determinations
than
the
Regional
Office
does.

5(
b)
Collection
Methodology
and
Management
The
respondent
will
need
to
collect
emissions
data
from
the
State
or
local
air
agency.
For
some
conformity
determinations,
the
respondent
will
hire
a
private
consultant
to
collect
the
data.
The
consultant
will
make
arrangements
with
the
staff
from
the
State
or
local
air
agency
to
have
the
data
sent
on
computer
disk
or
tape,
if
possible.
17
The
emissions
data
from
the
State
or
local
air
agency
should
be
very
accessible.
The
respondent
will
need
emissions
factors
and
perhaps
information
on
different
modeling
techniques.
For
most
determinations,
the
respondent
will
not
have
to
pay
a
fee
for
the
data.
However,
the
respondent
will
be
billed
by
the
consultant
(
if
applicable)
for
the
hours
spent
collecting
the
data
and
conducting
the
air
quality
modeling.

5(
c)
Small
Entity
Flexibility
This
section
is
not
applicable
because
the
regulation
directly
affects
only
Federal
agencies.
In
addition,
the
emissions
levels
used
to
define
the
Federal
actions
to
which
the
rule
applies
are
not
likely
to
capture
small
entities.

5(
d)
Collection
Schedule
The
information
collections
described
in
this
ICR
must
be
completed
before
the
action
is
undertaken.
If
the
action
is
not
part
of
a
continuous
Federal
program,
the
determination
will
be
repeated
every
fifth
year
from
the
date
the
original
determination
was
made.
If
the
action
is
less
than
five
years
in
duration
or
is
part
of
a
continuous
program,
the
determination
will
be
a
one­
time
burden.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
The
burdens
and
costs
associated
with
information
collection
requirements
under
the
general
conformity
regulations
vary
with
the
complexity
of
the
proposed
Federal
action.
To
encompass
these
variations,
EPA
analyzed
two
scenarios
in
the
conformity
process:
a
straightforward
conformity
determination
and
a
complex
conformity
determination.

For
a
straightforward
determination,
EPA
assumes
that
the
air
quality
analysis
will
not
require
local
or
regional
scale
air
quality
modeling
and
mitigation
analysis.
Furthermore,
the
respondent
will
receive
no
adverse
public
comment
regarding
the
determination.
For
a
complex
determination,
EPA
assumes
that
the
respondent
will
need
to
complete
an
extensive
air
quality
analysis
because
of
the
complexity
of
the
proposed
activity.
The
respondent
will
have
to
calculate
emissions
estimates,
run
local
scale
emissions
models,
and
perform
mitigation
analysis.
The
respondent
also
must
address
some
adverse
public
comments
before
preparing
a
final
determination.
These
assumptions
for
the
complex
determinations
may
overestimate
the
resource
burden,
since
respondents
would
most
likely
be
preparing
an
environmental
assessment/
environmental
impact
statement
under
the
National
Environmental
Policy
Act
which
could
include
air
quality
modeling
and
public
review.
18
Determine
Applicability
To
determine
the
number
of
applicability
reviews
per
year,
EPA
requested
general
conformity
activity
data
from
the
Federal
agencies
that
are
most
likely
to
be
subject
to
the
requirements.
Data
was
submitted
by
the
Department
of
Defense
(
DOD),
Mineral
Management
Service
(
MMS),
Bureau
of
Land
Management
(
BLM)
and
the
Federal
Aviation
Administration
(
FAA).
The
average
level
of
general
conformity
activity
reported
by
these
four
agencies
were
11.5
complex
and
1193
straightforward
respondents
per
year.
EPA
assumed
that
these
agencies
represented
90%
of
the
general
conformity
determinations.
Thus
it
was
estimated
that
the
total
number
of
determinations
performed
by
all
Federal
agencies
was
13
complex
and
1325
straightforward
each
year.

Conformity
Determination
Based
on
recent
data
collected,
EPA
estimates
that
each
year
that
1338
Federal
actions
will
require
13
complex
conformity
determinations
and
1325
straightforward
conformity
determinations.
In
addition,
EPA
estimates
that,
at
most,
20
percent
(
20)
of
all
complex
determinations
and
2
percent
(
26)
of
all
straightforward
determinations
will
incur
fees
for
MPO
services.

Conformity
determinations
are
one­
time­
only
activities
which
are
completed
before
the
Federal
agency
takes
the
subject
action.
Therefore,
the
determinations
do
not
contain
any
continuing
record
keeping
or
reporting
requirements
for
the
individual
actions.
Thus,
there
is
no
capital
or
O&
M
cost
associated
with
the
record
keeping
and
reporting
requirements.

6(
b)
Estimating
Respondent
Costs
The
EPA
estimates
an
average
hourly
respondent
labor
cost
(
including
overhead)
of
$
65.18
for
legal
staff,
$
55.41
for
managerial
staff,
$
29.95
for
technical
staff,
and
$
17.95
for
clerical
staff.
The
EPA
based
these
labor
rates
on
those
for
Federal
staff
at
the
following
government
service
levels:

Legal
staff
GS­
15,
Step
3
Managerial
staff
GS­
14,
Step
3
Technical
staff
GS­
10,
Step
3
Clerical
staff
GS­
5,
Step
3
To
obtain
the
labor
rate,
EPA
divided
the
annual
2001
GS
salary
by
2080
(
the
number
of
hours
in
a
work
year)
and
multiplied
by
the
standard
government
overhead
factor
of
1.6.
Using
these
labor
rates,
Exhibit
1
summarizes
total
annual
burdens
and
labor
costs
associated
with
information
collection
requirements
for
straightforward
conformity
19
determinations,
while
Exhibits
2
summarizes
total
annual
burdens
and
labor
costs
associated
with
complex
determinations.

Exhibit
1
provides
the
resource
estimates
for
the
respondents
to
conduct
straightforward
conformity
determinations.
Also
included
in
the
Exhibit
1
are
estimates
of
the
resources
required
to
review
the
actions
which
are
exempt
from
the
regulations.
The
total
annual
burden
for
the
respondents
to
conduct
the
straightforward
determinations
and
reviewing
the
exempt
actions
is
43,178
hours
and
$
1,469,558.
Exhibit
2
provides
the
resource
estimates
for
respondents
to
conduct
complex
conformity
determinations.
The
total
annual
burden
for
the
respondents
to
conduct
13
complex
determinations
is
20,456
hours
and
$
713,894.
The
total
annual
burden
for
the
respondents
to
implement
the
general
conformity
regulations
is
64,174
hours
and
$
2,183,452.

Exhibit
3
provides
the
resource
estimates
for
the
non­
Federal
agency
respondents
to
conduct
conformity
determinations.
Only
limited
information
was
submitted
and
this
was
provided
by
one
group
representing
the
airline
industry
that
include
the
Airports
Council
International­
North
America,
American
Association
of
Airport
Executives,
Air
Transport
Association,
and
Cargo
Airline
Association.
The
group
estimated
a
labor
effort
of
9000
hours
per
year.
A
labor
rate
was
derived
from
the
GS­
10,
Step
3
rate
of
18.72/
hour
used
for
government
technical
staff.
However,
a
more
typical
private
sector
overhead
factor
of
3.0
was
used
instead
of
the
1.6
used
for
the
government
sector.
The
resulting
rate
was
56.16/
hour
for
private
or
consultant
technical
staff
and
a
total
cost
of
$
505,440,
annually.
A
basis
for
estimating
the
division
of
labor
between
straightforward
and
complex
determination
was
not
provided.
It
was
assumed
to
be
similar
to
the
proportion
that
was
derived
for
the
Federal
agency
respondents
which
was
83
and
17
percent
for
straightforward
and
complex,
respectively.

Exhibit
4
summarizes
the
burden
for
all
respondents.
The
non­
Federal
agency
burden
is
9,000
hours
and
$
505,440.
The
total
burden
for
all
respondents
including
Federal
and
non­
Federal
agencies
is
73,174
hours
and
$
2,688,892.

6(
c)
Estimating
Agency
Burden
and
Cost
Exhibits
5
and
6
present
the
estimated
Agency
burden
and
costs
associated
with
all
the
requirements
covered
in
this
ICR.
Based
on
a
2001
GS
pay
schedule,
EPA
estimates
an
average
hourly
labor
cost
of
$
65.18
for
legal
staff,
$
55.41
for
managerial
staff,
$
29.95
for
technical
staff,
and
$
17.95
for
clerical
staff.
For
purposes
of
this
ICR,
EPA
assigned
Agency
staff
the
following
government
service
levels:

Managerial
staff
GS­
14,
Step
3
Legal
staff
GS­
15,
Step
3
Technical
staff
GS­
10,
Step
3
Clerical
staff
GS­
5,
Step
3
20
The
EPA
divided
annual
compensation
estimates
by
2,080,
the
number
of
hours
in
a
Federal
work
year,
and
multiplied
the
rates
by
the
standard
government
overhead
factor
of
1.6
to
derive
hourly
rates.

For
this
ICR,
EPA
assumes
that
the
Agency
participates
in
all
13
complex
determinations
and
665
or
50
percent
of
the
straightforward
determinations.
These
estimates
are
derived
from
the
1998
ICR
which
were
based
upon
consultation
with
EPA
Regions.
The
total
annual
burden
to
EPA
for
implementing
the
general
conformity
regulations
is
5,355
hours
and
$
248,092.

Estimating
State
and
Local
Agencies
Burdens
Exhibit
7
presents
the
estimated
State
and
local
air
quality
agencies'
burden
and
costs
associated
with
all
the
requirements
covered
in
this
ICR.
The
EPA
estimates
an
average
hourly
respondent
labor
cost
(
including
overhead)
of
$
65.18
for
legal
staff,
$
55.41
for
managerial
staff,
$
29.95
for
technical
staff,
and
$
17.95
for
clerical
staff.
The
EPA
based
these
labor
rates
on
those
for
Federal
staff
at
the
following
government
service
levels:

Legal
staff
GS­
15,
Step
3
Managerial
staff
GS­
14,
Step
3
Technical
staff
GS­
10,
Step
3
Clerical
staff
GS­
5,
Step
3
To
obtain
the
labor
rate,
EPA
divided
the
annual
2001
GS
salary
by
2,080
(
the
number
of
hours
in
a
Federal
work
year)
and
multiplied
by
the
standard
government
overhead
factor
of
1.6.

For
this
ICR,
EPA
assumes
that
the
States
and
local
agencies
participate
in
all
13
complex
determinations
and
133
or
20
percent
of
the
straightforward
determinations.
The
State
and
local
participation
rate
is
lower
than
EPA's
50
percent
rate
because
State
and
local
participating
will
vary
significantly
from
State
to
State,
approaching
20
percent
on
average.
The
total
annual
burden
to
the
States
and
local
agencies
to
implement
the
general
conformity
regulations
is
1246
hours
and
$
57,764.

6(
d)
Bottom
Line
Burden
Hours
and
Costs
Exhibits
8(
a)
and
8(
b)
summarize
the
annual
bottom
line
burden
for
respondents
(
generally
Federal
agencies),
EPA,
and
States
or
local
agencies.

The
bottom
line
annual
burden
to
Federal
agency
respondents
over
the
3­
year
period
covered
by
this
ICR
is
estimated
at
64,174
hours,
with
a
cost
of
approximately
$
2,183,452.
The
bottom­
line
burden
to
non­
Federal
agency
respondents
is
9,000
hours
and
$
505,440.
The
bottom­
line
burden
for
the
EPA
is
5,355
hours,
with
a
cost
of
$
248,092.
The
bottom­
line
burden
for
States
and
local
agencies
is
1,246
hours,
with
a
cost
of
$
57,764.
21
The
total
annual
burden
is
estimated
to
be
79,775
hours
and
$
2,994,748.
For
the
3
years
covered
by
this
ICR,
the
total
burden
is
estimated
to
be
239,324
hours
and
$
8,984,244.

6(
e)
Reasons
for
Change
in
Burden
This
ICR
is
an
exhaustive
description
of
the
total
respondent
burden
for
all
activities
related
to
record
keeping
and
reporting
requirements
for
general
conformity.
The
number
of
determinations
used
to
estimate
the
burden
in
the
previous
ICR
was
developed
from
data
received
from
the
Council
on
Environmental
Quality
because
data
was
not
available
directly
from
Federal
agency
respondents.
For
this
ICR
data
was
obtained
directly
from
the
Federal
agencies
that
are
mostly
likely
responsible
for
the
majority
of
the
annual
determinations.
This
should
provide
a
better
estimate.
The
bottom­
line
burden
has
decreased
from
the
previous
ICR's
estimate
and
the
proposal
notice
published
on
April
27,
2001
for
this
ICR
for
the
following
reasons:
(
i)
Based
on
new
data,
EPA
determined
that
significantly
fewer
complex
conformity
determinations
would
be
conducted
per
year;
(
ii)
EPA
assumed
that
participation
by
EPA
or
State/
local
agencies
would
incur
fewer
burden
hours;
(
iii)
EPA
assumed
that,
since
promulgation
of
the
general
conformity
rule
in
1993,
respondents
have
become
more
familiar
with
the
requirements
and
will
require
less
time
each
year
to
read
the
regulations;
and
(
iv)
limited
number
of
respondents
to
the
collection
information
survey
It
should
be
noted
that
on
the
previous
ICR,
Total
Burden
Hours
included
Federal
Agency
burden.
Under
the
provisions
of
the
PRA,
those
hours
have
not
been
reflected
in
the
Total
Hours
Requested
(
10,246)
for
this
ICR
which
represents
the
burden
to
State/
Local
Agencies.
However,
the
Federal
Burden
has
been
accounted
for
and
shown
in
the
attached
Exhibits
8a
and
8b.
However
on
this
ICR
the
hours
under
Federal
were
broken
out
into
Federal
and
Non­
Federal
respondents,
and
other
respondents
included
EPA
Regional
Agencies
and
State
and
Local
Agencies,
thus
deriving
the
total
annual
burden
hours.

6(
f)
Burden
Statement
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
purpose
of
collecting,
validating,
and
verifying
information,
processing
and
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.
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
vaild
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
Part
9
and
48
CFR
Chapter
15
22
.
Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
a
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
Ms
Susan
Auby,
Collection
Strategies
Division
(
Mail
Code
2822),
Office
of
Environmental
Information,
United
States
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
NW,
Washington,
D.
C.
20460­
0001;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
D.
C.
20503,
Attention:
Desk
Officer
for
EPA.
Include
the
EPA
ICR
number
1637.05
and
OMB
Control
Number
2060­
0279
in
any
correspondence.
23
APPENDIX
A
The
EPA
consulted
with
Federal
agency
respondents
and
EPA
Regions
to
collect
information
on
burdens
and
associated
costs
for
this
ICR.
This
appendix
presents
the
methodology
for
collecting
and
using
the
data
obtained.

Respondent
Burdens
The
EPA
consulted
Federal
agency
respondents
under
the
general
conformity
rule
to
revise
the
burden
and
cost
estimates
presented
in
the
1998
general
conformity
ICR.
The
EPA
contacted
the
following
Federal
agencies
identified
in
Table
A­
1.
The
EPA
asked
the
Federal
agencies
contacted
to
estimate
the
burdens
associated
with
various
tasks
in
the
general
conformity
process.

For
the
draft
supporting
document,
EPA
revised
the
previous
burden
and
cost
estimates
based
on
input
and
data
received
from
the
US
Department
of
Defense
(
DOD),
the
Federal
Aviation
Administration
(
FAA),
the
Bureau
of
Land
Management
(
BLM),
and
the
Mineral
Management
Service
(
MMS).
In
general,
data
collected
corroborated
the
burden
and
cost
estimates
developed
for
the
previous
ICR,
except
the
annual
complex
determination
activity
was
significantly
less.

In
response
to
EPA's
proposed
information
collection
request,
the
DoD
submitted
additional
information
concerning
their
resource
burden
for
the
implementation
of
the
general
conformity
regulations.
Based
upon
that
information
and
discussions
with
other
Federal
agencies,
EPA
estimates
that
approximately
1338
Federal
actions
per
year
will
result
in
conformity
determinations.
An
estimated
13
of
those
determinations
will
be
considered
complex.
The
information
on
the
resource
burden
per
determination
provided
by
the
other
Federal
agencies
showed
a
significant
variation,
therefore
EPA
used
a
weighted
average
to
calculate
annual
burdens.

EPA
and
State/
Local
Air
Agencies
Burdens
The
EPA
consulted
the
EPA
Regions
for
information
on
their
burdens
for
participating
in
the
general
conformity
process.
The
EPA
revised
the
previous
Agency
burden
and
cost
estimates
based
on
input
and
data
received
from
Region
9
and
Region
10.

Data
from
both
Regions
indicated
that,
in
practice,
the
Agency's
burden
for
participating
in
the
general
conformity
process
is
much
lower
than
had
been
estimated
in
the
previous
ICR.

The
EPA
also
used
the
estimates
from
the
EPA
Regions
as
a
proxy
for
burdens
on
State
and
local
air
agencies
for
participating
in
the
general
conformity
process.
24
Table
A­
1.
General
Conformity
ICR
­
Contact
List
for
Federal
Agencies.

Agency
Phone
Number
Fax
Number
FAA
(
202)
267­
8772
(
202)
267­
8821
FAA
(
202)
493­
4875
(
202)
267­
8821
Regulatory
Branch,
Construction
and
Readiness
Division,
Army
Corps
of
Engineers
(
202)
761­
4614
(
202)
761­
4150
US
Army
Corps
of
Engineers
Department
of
the
Interior
(
202)
208­
5465
(
202)
208­
6970
HUD
(
202)
708­
4225
(
202)
708­
3363
DOT
(
202)
366­
4861
(
202)
366­
7618
DOT
(
202)
366­
4866
(
202)
366­
7618
DOD
(
703)
604­
8226
(
703)
604­
6990
DOD
(
703)
602­
4769
(
703)
602­
5547
DOD
(
703)
602­
2568
(
703)
602­
2676
Forest
Service
USDA
(
202)
205­
0800
(
202)
205­
1599
Fish
and
Wildlife
Service
(
703)
358­
2183
(
703)
358­
1869
National
Park
Service
(
202)
219­
3384
(
202)
208­
4620
Bureau
of
Indian
Affairs
(
202)
208­
7373
(
202)
219­
0006
Geologic
Survey
(
703)
648­
5207
no
fax
Minerals
Management
Service
(
703)
787­
1735
(
703)
787­
1026
Bureau
of
Land
Management
(
303)
236­
6400
(
303)
236­
3508
Office
of
Surface
Mining
(
202)
208­
2633
no
fax
Council
of
Environmental
Quality
(
202)
456­
6224
(
202)
456­
2710
