	

SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 2130.03

TRANSPORTATION CONFORMITY DETERMINATIONS FOR FEDERALLY FUNDED AND
APPROVED TRANSPORTATION PLANS, PROGRAMS AND PROJECTS 

July 2, 2007

TABLE OF CONTENTS

1. 	IDENTIFICATION OF THE INFORMATION COLLECTION	3

1(a) Title of the Information Collection	3

1(b) Short Characterization/Abstract	3

2. 	NEED FOR AND USE OF THE COLLECTION	5

2(a) Need/Authority for the Collection	5

2(b) Practical Utility/Users of the Data	5

3. 	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA	6

3(a) Non-Duplication	6

3(b) Public Notice Required Prior to ICR Submission to OMB	6

3(c) Consultations	6

3(d) Effects of Less Frequent Collection	8

3(e) General Guidelines	8

3(f) Confidentiality	8

3(g) Sensitive Questions	8

4. 	THE RESPONDENTS AND THE INFORMATION REQUESTED	8

4(a) State and Local Respondents/SIC Codes	8

4(b) Information Requested	9

5. 	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT	11

5(a) Agency Activities	11

5(b) Collection Methodology and Management	12

5(c) Small Entity Flexibility	12

5(d) Collection Schedule	13

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION	13

	6(a) Estimating State and Local Respondent Burden and Costs	13

6(b) Estimating State and Local Respondent Costs	39

6(c) Estimated Agency Burden and Cost	40

6(d) Estimating the Respondent Universe and Total Burden and Costs	56

6(e) Bottom Line Burden Hours and Costs	56

6(f) Reasons for Change in Burden	59

6(g) Burden Statement	63

APPENDIX A	64

APPENDIX B 	71

1. 	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) 	Title of the Information Collection

	This information collection request (ICR) is entitled "Transportation
Conformity Determinations for Federally Funded and Approved
Transportation Plans, Programs and Projects,” ICR number 2130.03. 
This ICR includes transportation conformity burden anticipated for
calendar years 2008-2010.   

1(b) 	Short Characterization/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 new air quality violations,
worsen existing violations, or delay timely attainment of the relevant
national ambient air quality standards (NAAQS or “standards”). 

	Transportation conformity applies under EPA’s conformity regulations
at 40 CFR Part 93, Subpart A, to areas that are designated
nonattainment, and those re-designated 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).  

The Environmental Protection Agency (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.   In
metropolitan nonattainment and maintenance areas, conformity
determinations are required for transportation plan and TIP updates and
amendments.  A metropolitan transportation plan is at least a 20-year
planning document that describes the policies, strategies and facilities
that are proposed by state and local decision-makers for future
implementation in a metropolitan area.  The TIP prioritizes and programs
capital highway and transit projects for implementation in a
metropolitan area over a four-year period, consistent with the
transportation plan.  

	To meet the Clean Air Act’s conformity requirements, once a SIP is
established for a given pollutant and standard(s), projected regional
emissions from a nonattainment or maintenance area’s transportation
system must be at or below the motor vehicle emissions level or
“budget” for on-road mobile sources in the area’s SIP.  Prior to
EPA finding a budget adequate or approving a SIP, the conformity rule
provides emissions tests that ensure that Clean Air Act requirements in
the interim are met.  

EPA considered the following in developing this ICR:

Burden estimates for transportation conformity determinations in current
8-hour ozone and PM2.5 nonattainment and maintenance areas, which made
up EPA’s previous ICR (ICR #2130.02);

Burden estimates for conformity determinations for CO, NO2, and PM10,
which were previously included in DOT’s ICR for Metropolitan and
State-wide Transportation Planning (OMB Control Number 2132-0529);  

Efficiencies associated with the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) which was
signed into law on August 10, 2005 (42 U.S.C. 7506(c)(2)).  Some
provisions of the SAFETEA-LU made the transportation conformity process
more efficient in that the minimum frequency for determining conformity
for transportation plans and TIPs was reduced from every three and two
years, respectively, to every four years for both, thus aligning the
transportation plan and TIP update and conformity cycles for many
nonattainment and maintenance areas;

Burden estimates for hypothetical nonattainment areas for the 2006
24-hour PM2.5 standard, which EPA promulgated on October 17, 2006 (71
Federal Register 61144); 

Differences in conformity resource needs in large and small metropolitan
areas and isolated rural areas; and,

Additional federal burden associated with EPA’s adequacy review
process for submitted SIP budgets that are to be used in conformity
determinations.  

This ICR does not include burden associated with the general development
of transportation planning and air quality planning documents for
meeting other federal requirements.

	

2. 	NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

	The Clean Air Act gives EPA the statutory authority to establish the
criteria and procedures for determining whether transportation
activities conform to the SIP.  EPA promulgated the transportation
conformity regulations under the authority of Clean Air Act section
176(c).  The federal government needs information collected under these
regulations to ensure that metropolitan planning organization (MPO) and
federal transportation actions are consistent with state air quality
goals.

2(b) 	Practical Utility/Users of the Data

	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.

	

3. 	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Non-Duplication

	EPA wrote the transportation conformity regulation and the revisions,
in coordination with FHWA and FTA, to avoid duplicating the collection
efforts required by other regulatory programs.  The conformity
regulation integrates existing transportation and air quality planning
requirements from the Clean Air Act, Title 23 of United States Code and
other federal highway laws, Federal Transit Laws, and the National
Environmental Policy Act (NEPA).  

	The conformity regulation relies on but does not duplicate DOT’s
transportation planning regulations for developing transportation plans,
TIPs, and projects.  Many nonattainment and maintenance areas can rely
on travel, economic, or other forecasts that are already available for
other planning purposes to complete regional conformity analyses.  In
addition, the conformity regulation does not create any new fiscal
constraint or public participation requirements.  The regulation simply
relies upon existing transportation planning requirements.  

	Localized emissions analyses (or “hot-spot” analyses) are generated
for certain project-level conformity determinations for certain criteria
pollutants.  When hot-spot analyses are required for both NEPA and
conformity approvals, areas can rely on the same analysis, assuming that
it meets all necessary requirements.  Finally, although transportation
actions are compared to

SIP budgets for conformity determinations when they are available, SIPs
are required to be submitted for other Clean Air Act purposes, and are
not required by the conformity provisions.

3(b)	Public Notice Required Prior to ICR Submission to OMB

	In compliance with the 1995 Paperwork Reduction Act (PRA), any agency
developing a non-rule related ICR must solicit public comments for a
60-day period prior to submitting the ICR to OMB.  These comments, which
are used partly to determine realistic burden estimates for respondents,
must be considered when completing the final Supporting Statement that
is submitted to OMB.  

	The announcement of a public comment period for this renewal ICR has
been made in the Federal Register under Docket ID
No.EPA-HQ-OAR-2007-0269.  

3(c)	Consultations

	

	To prepare this ICR, EPA consulted with and collected information from
our regional offices and from FHWA and FTA headquarters and field
offices.  We relied upon these sources for information on the number of
hours required to complete the following:

Developing transportation plan, TIP, and project conformity
determinations;

Consulting with state, local, and federal agencies on conformity
determinations;

Performing regional and hot-spot emissions analyses;

Documenting that TCMs in approved SIPs are implemented on time;

Conducting other miscellaneous activities (e.g., reviewing conformity
documents, responding to conformity-related public comments, etc.); and,

Training new state and local government staff to perform
conformity-related duties (for those nonattainment areas without
previous conformity experience).

	EPA also consulted with FHWA and FTA headquarters and field offices to
obtain information on the Data and Supporting Statement for the DOT ICR
for Metropolitan and State-wide Planning (OMB Control #2132-0529). 
Individuals/staff consulted:  

Department of Transportation, Federal Transit Administration, Office of
Planning and Environment, (202) 366-2360;

Cecilia Ho, (202) 366-9862, Department of Transportation, Federal
Highway Administration.

	EPA also requested information from EPA Regional Offices on burden
hours associated with determining adequacy of motor vehicle emissions
budgets for SIPs. 

Finally, EPA relied upon several studies completed on the transportation
conformity 

process that indicated the number of hours associated with doing
conformity determinations.  See Appendix B – Conformity Related
Research Considered for This ICR.



3(d)	Effects of Less Frequent Collection

	The Clean Air Act, as amended by SAFETEA-LU, requires conformity for
transportation plans and TIPs to be determined every four years.  This
statutory requirement is typically satisfied when an area updates its
long-range transportation plan to meet the four-year planning
requirement for DOT’s transportation planning regulations.  SAFETEA-LU
and DOT’s transportation planning regulations require TIPs to be
updated every four years, and as a result, conformity determinations are
also done for TIPs every four years.  

	Conformity determinations are required in isolated rural areas only
when a new project needs federal funding or approval.  The Clean Air
Act’s minimum four-year frequency requirement for transportation plans
and TIPs and the conformity regulation’s two year SIP- related
“triggers” do not apply in these areas.  Therefore, these areas are
not required to demonstrate conformity as often as metropolitan areas. 
Conformity determinations before project approvals are made in isolated
rural areas and are necessary to meet the goals of the Clean Air Act.

3(e)	General Guidelines

	This ICR adheres to the guidelines stated in the 1995 Paperwork
Reduction Act,

OMB’s implementing regulations, and EPA’s Information Collection
Request Handbook.  None

of these reporting or record keeping requirements violate any of the
regulations established by

OMB in 5 CFR 1320.5.

3(f)	Confidentiality

	Respondents for the transportation conformity regulation do not submit
confidential information for approval. All information collected and
submitted in a conformity determination is already publicly available,
pursuant to 40 CFR 93.105(e) of the conformity regulation and 23 CFR
450.316(a) of the transportation planning regulations.

3(g) 	Sensitive Questions

	No questions of a sensitive nature are included in any of the
information collection requirements for the transportation conformity
regulation.  Examples of sensitive information include information
concerning sexuality or religious beliefs.  

4. 	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	State and Local Respondents/SIC Codes 

	  SEQ CHAPTER \h \r 1 In the transportation conformity process, the
respondent is 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, 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 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, local transit agency, or other state
or local 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 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 this ICR.

The following is a representative list of SIC codes for the government
agencies that would be affected by the transportation conformity
regulation:    

	4111	Local and Suburban Transit

	4131	Intercity and Rural Bus Transit

	4173	Terminal and Service Facilities for Motor Vehicle Passenger
Transportation

	9511	Air and Water Resource and Solid Waste Management

	9532	Administration of Urban Planning and Community and Rural
Development

	9621	Regulation and Administration of Transportation Programs

4(b) 	Information Requested

(i)	Data Items, Including Record Keeping Requirements

	Section 4(b)(ii) describes the information requested for and roles
conducted by state and local respondents for conformity determinations. 
Some of the information used in conformity determinations is also used
for other transportation and air quality planning purposes.  Specific
roles of state and local agencies will vary from area to area. 

(ii)	Respondent Activities

Metropolitan Planning Organizations

	MPOs are the lead agency in making transportation plan and TIP
conformity determinations in metropolitan areas.  The level of
information collection requirements for completing such determinations
will vary with the size of the area and complexity of the air quality
problem.  The following list includes MPO activities for transportation
plan and TIP conformity determinations:

	Conduct regional emissions analyses using the latest planning
assumptions and models to determine whether the emissions from the
proposed transportation system are consistent with state air quality
goals; 

	Ensure timely implementation of TCMs in approved SIPs;

	Consult with other state, local, and federal transportation and air
quality agencies throughout the conformity process; and,

	Circulate draft plan/TIP conformity determinations for interagency
review and public comment and respond to any comments on plan/TIP
conformity determinations.

State Departments of Transportation

	State departments of transportation are typically the lead agency in
developing conformity     determinations for projects in isolated rural
areas.  They can also be the lead agency for project-level conformity
determinations in metropolitan areas. The following list includes state
transportation activities for project-level conformity determinations:

         Conduct regional emissions analyses on projects in isolated
rural areas using the latest assumptions and models to determine whether
the emissions from the proposed transportation system change is
consistent with state air quality goals;

	Ensure timely implementation of TCMs in approved SIPs;

	Conduct hot-spot analyses for projects when required;

	Comment on draft plan and TIP conformity determinations;

	Consult with other state, local, and federal transportation and air
quality agencies throughout the conformity process; and

	Circulate draft project conformity determinations for interagency
review and public comment and respond to any comments as appropriate.

Local Transit Agencies

	Local transit agencies in metropolitan areas are typically the lead
agency in developing project-level conformity determinations for transit
projects in metropolitan areas.  The following list includes local
transit agency activities for project-level conformity determinations:

	Conduct hot-spot analyses for transit projects when required;

	Comment on draft plan and TIP conformity determinations;

	Consult with other state, local, and federal transportation and air
quality agencies throughout the conformity process; and,

	Circulate draft project conformity determinations for interagency
review and public comment and respond to any comments as appropriate.

State and Local Air Quality Agencies

	State and local air quality agencies may provide technical assistance
to transportation agencies in the development of conformity
determinations.  The following list includes possible state and local
air agency activities for conformity determinations:

	Provide air quality data or perform emissions factor modeling for
regional emissions analyses for transportation plans and TIPs in
metropolitan areas and projects in isolated rural areas; 

	Provide similar assistance for hot-spot analyses for projects as
appropriate;

	Consult with state, local, and federal agencies throughout the
conformity process; and,

	Comment on draft conformity determinations.  

5.	THE INFORMATION COLLECTED–AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

FHWA and FTA Activities

	The FHWA division office and the FTA regional office are involved in
several aspects of the transportation conformity process:

Making conformity determinations for transportation plans, TIPs and
projects;

Reviewing the relevant materials that are submitted to support the
conformity determinations including comments submitted by the EPA
Regional Office;

Issuing a letter to the appropriate MPO, state department of
transportation or project sponsor indicating that they have made a
conformity determination.  

	FHWA Resource Centers and Headquarters provide technical assistance as
needed.

	FHWA and FTA field offices will also participate in the interagency
consultation process for nonattainment and maintenance areas.  The
interagency consultation process is used to discuss and resolve issues
during the development of transportation plan, TIP, and project
conformity determinations.   The frequency of meetings varies from area
to area.

EPA Activities

	The EPA Regional Office is involved in several aspects of the
transportation conformity process:

Participates in the interagency consultation process in nonattainment
and maintenance areas;  

Reviews and comments on conformity determinations for transportation
plans, TIPs and projects, including the travel, emissions, or air
quality modeling performed to support a conformity determination; and,

Makes adequacy findings for submitted SIP motor vehicle emissions
budgets.  EPA’s adequacy review is separate from EPA’s review of the
SIP for completeness or approval.

5(b)	Collection Methodology and Management

	Federal agencies review conformity determinations in accordance with
the Clean Air Act Section 176(c) and CFR Part 93, Subpart A.  The
interagency consultation process is used to discuss any outstanding
issues on the accuracy or quality of data used in conformity analyses
and determinations.  The general public reviews MPO conformity
determinations for transportation plans and TIPs, and federal agencies
review MPO responses to these comments.  The federal agencies will need
to maintain records of their actions, in accordance with other federal
record retention requirements.  No special machines or processing
technologies are employed in reviewing conformity determinations.  

5(c)	Small Entity Flexibility

	

	  SEQ CHAPTER \h \r 1 A regulatory flexibility analysis is not required
because the rule does not affect a significant number of small entities.
However, the rule does affect some isolated rural nonattainment and
maintenance areas which are considered to be small entities because they
have populations less than 50,000.  EPA has taken steps in the
conformity rule to reduce the burden placed on these areas.  For
example, isolated rural areas are required to demonstrate conformity
only when they have a new federally funded or approved highway or
transit project.  In contrast, metropolitan nonattainment and
maintenance areas are required to demonstrate conformity at least every
four years.

5(d)	Collection Schedule

	The information collections described in this ICR must be completed
before a transportation plan, TIP or project conformity determination is
made.  DOT’s planning regulations require that transportation plans
and TIPs be updated at least every four years, and the Clean Air Act, as
amended by SAFETEA-LU, requires that a conformity determination on the
transportation plan and TIP in metropolitan areas be completed at least
every four years. Conformity determinations on projects in metropolitan
and isolated rural areas are required on an as-needed basis. 

6. 	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	Estimating State and Local Respondent Burden and Cost

Overview

	This section of the ICR includes background information on the number
of existing nonattainment and maintenance areas that are subject to
transportation conformity regulations as well as metropolitan and
isolated rural areas that may be designated nonattainment for the 2006
24-hour PM2.5 standard.  For these areas, EPA has estimated potential
burden for the following:

Transportation plan and TIP conformity determinations for existing
nonattainment and maintenance areas;

Project-level conformity determinations for existing metropolitan and
isolated rural areas; and,

Transportation plan, TIP, and project conformity determinations for
hypothetical nonattainment areas under the 2006 24-hour PM2.5 standard.

Please refer to section 6(b) for assumptions used in estimating
respondent cost.

State and Local Respondent Burden and Costs for Existing Nonattainment
and Maintenance Areas 

Background on Existing Nonattainment and Maintenance Areas

	As stated earlier, this ICR includes the burden associated with
implementing conformity requirements with respect to existing
nonattainment and maintenance areas for transportation-related criteria
pollutants:  Ozone, CO, nitrogen dioxide, PM10 and PM2.5.  The following
table illustrates the number of areas currently subject to
transportation conformity requirements:

Table 1:

Number of Areas Subject to Transportation Conformity Requirements

Pollutant	Number of Metropolitan Nonattainment/Maintenance Areas	Number
of Isolated Rural Nonattainment/Maintenance Areas

8-hour ozone 	90	22

1-hour ozone	  3	  0

Carbon monoxide	75	  2

PM10	48	38

PM2.5 	38	  1

Nitrogen dioxide	  1	  0



	This ICR reflects the burden associated with determining conformity for
all of these pollutants; however, EPA estimates reflect efficiencies
realized when metropolitan areas are nonattainment or maintenance for
two or more pollutants since there is often an overlap of time spent in
consultation, regional emissions analysis and other miscellaneous
activities for these areas in determining conformity for two or more
pollutants.  

	As discussed further below, EPA has also identified the number of MPOs
that are subject to transportation conformity for one or more
pollutants, since many metropolitan nonattainment and maintenance areas
have more than one MPO (and consequently, more than one transportation
plan or TIP conformity determination).  

	Finally, EPA assumes that conformity burden will differ among:

Larger metropolitan nonattainment and maintenance areas (urbanized area
populations over 200,000);

Smaller metropolitan nonattainment and maintenance areas (urbanized area
populations between 50,000-200,000); and,

Isolated rural nonattainment and maintenance areas (populations under
50,000). 

Since conformity requirements, complexity of air quality issues and
geographic size can vary dependent on an area’s population, number of
MPOs, and number of pollutants involved, EPA believes it is appropriate
to account for these differences in calculating conformity burden in
existing nonattainment and maintenance areas.   

Transportation Plan and TIP Conformity Determinations in Existing
Metropolitan Nonattainment and Maintenance Areas

EPA is relying on information from several sources for this ICR’s
estimated state and local burden hours for conformity determinations:  

First, as described in Section 3(c), EPA requested burden information
from EPA and DOT field offices that regularly work with state and local
organizations responsible for doing conformity determinations for
transportation plans and TIPs;  

Second, EPA has reviewed the conformity burden hour estimates that were
assumed in DOT’s ICR for the transportation planning regulations;  

Finally, EPA reviewed existing conformity research studies and
considered whether any information could be used as a proxy for
conformity burden in existing nonattainment and maintenance areas. 
These research studies are listed in Appendix B of this ICR.

	The following paragraphs describe estimated state and local burden
hours for conformity determinations in experienced metropolitan
nonattainment areas.  The ICR assumes that all conformity determination
work is completed by state and local employees, although in practice
some work may be completed by consultants.  EPA also notes that
transportation plan and TIP burden hour estimates are based on
demonstrating conformity for 4-year transportation plan and TIP updates
per SAFETEA-LU, rather than more frequent, but not required, plan and
TIP revisions or amendments which are not required by SAFETEA-LU.   
This ICR captures the burden associated with meeting the minimum
transportation conformity requirements.

	EPA has calculated the burden associated with transportation plan and
TIP conformity determinations by considering the number of MPOs that are
subject to conformity, the size of these MPOs, and the number of
pollutants that apply.  To estimate burden hours that MPOs incur to
determine conformity for just one pollutant, EPA and DOT field offices
were asked for estimated state and local respondent burden for the
various tasks involved in a transportation plan or TIP conformity
determination. For burden hours associated with each additional
pollutant, EPA relied on data from ICR 2130.02 for incremental burden
hours associated with performing transportation plan and TIP conformity
determinations for each additional pollutant, which was based on survey
responses.

	

	For each burden hour estimated, EPA assumed that state and local
agencies work only on conformity-related activities.  This ICR does not
include burden for the general development of transportation plans,
TIPs, project, or motor vehicle emissions budgets, since these documents
are developed to meet other requirements.  However, EPA is assuming that
some data collection for transportation planning or SIP purposes could
also be used in conformity without additional conformity-related burden.
   

	The following tables illustrate the burden hours and cost associated
with meeting the conformity requirements for a transportation plan and
TIP update in existing metropolitan nonattainment and maintenance areas
that are designated for one or more pollutants.  These MPOs and
metropolitan areas have experience with the conformity process, have
established interagency consultation procedures and have developed
models for conducting plan and TIP conformity determinations.      

	SAFETEA-LU aligns the transportation conformity update cycle for
transportation plans and TIPs such that the frequency of making
conformity determinations on updated transportation plans and TIPs may
occur at the same time for both, rather than at different times. 
Previously, frequency of making conformity determinations on updated
transportation plans and TIPs was three years and two years,
respectively.  

	While transportation plan and TIP updates are now done with the same
frequency, EPA estimates that it is only those MPO’s serving smaller
populations (50,000-200,000 populations) which will perform conformity
determinations for transportation plans and TIPs at the same time, thus
leading to efficiencies in burden hours and cost.  In contrast, MPOs in
larger areas may not align transportation plan and TIP update conformity
determinations as regularly, since these areas are expected to have more
complex transportation planning considerations.  

	Therefore, EPA assumes that conformity determinations for
transportation plans and TIPs will always occur at different times in
large metropolitan areas (Tables 2 through 5) and that conformity
determinations for transportation plans and TIPs will occur at the same
time in small metropolitan areas (see Tables 6 and 7)

Table 2: State and Local Burden Hours 

Each Transportation Plan Conformity Determination

by MPO – Population of 200,000 or More 

MPO

Demonstrating Conformity For	

Consultation	Regional Emissions Analysis	Other Misc. Activities	Total
Burden Hours

One Pollutant	45	280	45	370

Two Pollutants	60	375	60	495

Three or more  Pollutants	75	465	75	615

		

Table 3: State and Local Annual Cost

Transportation Plan Conformity Determinations 

by MPO – Population of 200,000 or More

MPO

Demonstrating Conformity For	Burden Hours Per Pollutant

	

No. of MPOs	

Frequency of Action	Total Annual Burden Hours	Cost Per Hour	Total Annual
Cost

One Pollutant	370	41	4 years	3,792	$54.93	$208,295

Two Pollutants	495	43	4 years	5,321	$54.93	$292,283

Three or More Pollutants	615	31	4 years	4,766	$54.93	$261,796

Total for All Transportation Plan Actions: 13,879 hours/year x
$54.93/hour = $762,374/year  



Table 4: State and Local Burden Hours 

Each TIP Conformity Determination

by MPO – Population of 200,000 or More

MPO

Demonstrating Conformity For	

Consultation	Regional Emissions Analysis	Other Misc. Activities	Total
Burden Hours

One Pollutant	35	280	45	360

Two Pollutants	45	375	60	480

Three or more  Pollutants	55	465	75	595



Table 5: State and Local Annual Cost

TIP Conformity Determinations 

by MPO – Population of 200,000 or More

MPO

Demonstrating Conformity For	Burden Hours Per Pollutant

	

No. of MPOs	

Frequency of Action	Total Annual Burden Hours	Cost Per Hour	Total Annual
Cost

One Pollutant	360	41	4 years	3,690	$54.93	$202,692

Two Pollutants	480	43	4 years	5,160	$54.93	$283,439

Three or More Pollutants	595	31	4 years	4,611	$54.93	$253,282

Total for All TIP Actions: 13,461 hours/year x $54.93/hour =
$739,413/year  

	



Table 6: State and Local Burden Hours 

Each Transportation Plan and TIP Conformity Determination

by MPO – Population Between 50,000-200,000

MPO

Demonstrating Conformity For	

Consultation	Regional Emissions Analysis	Other Misc. Activities	Total
Burden Hours

One Pollutant	40	120	30	190

Two Pollutants	52	160	40	252

Three or More Pollutants	65	200	50	315

	

Table 7: State and Local Annual Cost

Transportation Plan and TIP Conformity Determinations 

by MPO – Population Between 50,000-200,000

MPO

Demonstrating Conformity For	Burden Hours Per Pollutant

	

No. of MPOs	

Frequency of Action	Total Annual Burden Hours	Cost Per Hour	Total Annual
Cost

One Pollutant	190	39	4 years	 1,852	$54.93	$101,730

Two Pollutants	252	16	4 years	1,008	$54.93	$  55,369

Three or More Pollutants	315	7	4 years	   551	$54.93	$  30,266

Total for All Transportation Plan and TIP Actions: 3,411 hours/year x
$54.93/hour = $187,366/year  

Project-Level Conformity Determinations in Existing Metropolitan
Nonattainment and Maintenance Areas

	Tables 8 and 9 estimate the burden and cost associated with doing
conformity determinations for projects in existing metropolitan
nonattainment and maintenance areas. These tables are intended to
illustrate burden associated with a typical project-level conformity
determination. 

	To calculate burden for state and local agencies in preparing
project-level conformity determinations for these areas, EPA polled its
regional offices and DOT which typically work with state and local
agencies in project-level conformity determinations.  State and local
burden hours for consultation, hot-spot analyses and regional emissions
analyses in Table 8 reflect averages of the responses received.   EPA
calculated the average number of annual actions based upon survey
responses from EPA Regional Offices and DOT offices that are responsible
for working with state and local respondents in making project level
conformity determinations.

	Conformity determinations for projects in metropolitan ozone and NO2
nonattainment and maintenance areas are fairly straightforward, because
projects only need to come from a conforming transportation plan and TIP
to meet conformity requirements.  A hot-spot analysis is not required
for project determinations in these nonattainment and maintenance areas.
 Alternatively, conformity determinations for all non-exempt federal
projects in CO areas must include either a qualitative or quantitative
hot-spot analysis.  In PM2.5 and PM10 areas, project-level conformity
determinations must also include a hot-spot analysis if the project is
of local air quality concern.  At present, PM2.5 and PM10 hot-spot
analyses, when required, are done qualitatively. 

	Consultation with other state and local agencies is an important
activity that would create only minimal conformity burden.  EPA is
assuming that conformity-related consultation would be one of many
issues discussed through consultation meetings as a project proceeds
through the NEPA process.    

	

	EPA assumes that the total burden hours for project-level conformity
determinations would be approximately the same for larger and smaller
metropolitan areas because requirements for project-level conformity
determinations do not differ based upon population size served by an
MPO.  Requirements for project-level conformity determinations are the
same for large and small metropolitan nonattainment and maintenance
areas. 

	Many hot-spot analyses would be done to fulfill both NEPA and
transportation conformity requirements.  Therefore, EPA is assuming that
the estimated burden associated with consultation and preparation of
hot-spot analyses would be divided equally between NEPA and
transportation conformity.  Accordingly, the burden estimates in Tables
8 and 9 reflect only the share of the burden attributable to fulfilling
transportation conformity requirements for hot-spot analyses (i.e. half
of the burden hours associated with hot-spot analyses). 

 

	

Table 8: State and Local Burden Hours 

Each Project-level Conformity Determination

Regional Emissions and Hot-spot Analysis

Existing Metropolitan Nonattainment and Maintenance Areas

Pollutant	Type of Hot-spot Analysis	Consultation	Hot-spot Analysis	Total


Burden Hours

Ozone, NO2, PM2.5 and PM10 	None	0.5	--	0.5

PM 2.5 	Qualitative	6	22	28

PM10 	Qualitative	6	22	28

CO	Quantitative 	3	14	17

CO 	Qualitative	3	2	5



	 

Table 9: State and Local Annual Cost

Project-level Conformity Determinations

Regional Emissions and Hot-spot Analyses

Existing Metropolitan Nonattainment and Maintenance Areas

Metropolitan Area	Burden Hours Per Action	

Average

No. of Actions/year	

No. of MPOs	Total Annual Burden Hours	Cost Per Hour	Total Annual

Cost 

Project level conformity determination  - No Hotspot Analysis	Pop.
200,000+	

0.5	

65	

115	

3,738	

$54.93	

$205,328

	Pop. 50,000-200,000	0.5	15	62	465	$54.93	$25,542

PM2.5 - Hot-spot Analyses

	

28	

3	

65	

5,460	

$54.93	

$299,918

PM10 – 

Hot-spot Analyses

	

28	

1	

41	

1,148	

$54.93	

$63,060

CO -Quantitative Hot-spot Analyses

	

17	

5	

76	

6,460	

$54.93	

$354,848

CO – Qualitative Hot-Spot Analyses

	

5	

0.5	

76	

190	

$54.93	

$10,437

Total for All Project-level Actions: 17,461/year x $54.93/hour=
$959,133/year

	

Project-Level Conformity Determinations in Existing Isolated Rural
Nonattainment and Maintenance Areas

	Table 10 includes the state/local government burden estimated with
performing hot-spot analyses in CO, PM2.5 and PM10 isolated rural areas.
 In general, conformity determinations for projects in isolated rural
areas are more extensive than for projects in metropolitan areas,
because a regional emissions analysis is also performed when a
regionally significant project “not from a conforming transportation
plan and TIP” is to receive federal funding or approval. 

	EPA considered several factors in developing these estimates.  EPA
assumed that state departments of transportation will continue to be the
lead in doing conformity determinations in all isolated rural areas. 
Some state air quality agencies may also provide emissions modeling
assistance to isolated rural areas, as is now done in some areas.  

	We also retained the assumption made in the July 2004 supporting
statement that isolated rural areas that are nonattainment or
maintenance for more than one pollutant will have additional burden
hours, because these areas may be required to conduct a regional
emissions analysis for an additional year and may have additional
technical issues to resolve.  Therefore, we included more burden hours
for consultation, conducting regional emissions analysis, and performing
miscellaneous activities in these areas, just as we did in the July 2004
supporting statement. 

	Consultation between state and local agencies would occur for each
project requiring a hot-spot analysis.  Like metropolitan projects, EPA
is also assuming that conformity-related topics would be one of many
issues discussed through consultation meetings as a project proceeds
through the NEPA process.  

	EPA notes that this ICR may overestimate burden associated with
determining conformity for projects in isolated rural nonattainment
areas, since conformity determinations for non-regionally significant
projects may not require that a new regional emissions analysis be
completed every time.   

	Hot-spot analyses would be done to fulfill both NEPA and transportation
conformity requirements.  Therefore, EPA is assuming that the estimated
burden associated with consultation and preparation of these hot-spot
analyses would be divided equally between NEPA and transportation
conformity.  Accordingly, the burden estimates in Table 10 reflect only
the share of the burden attributable to fulfilling transportation
conformity requirements for hot-spot analyses (i.e., half of the burden
hours associated with hot-spot analyses). 

	Our estimates depart from those we made in the July 2004 supporting
statement in two ways.  First, EPA has eliminated the category of
“start-up,” because isolated rural areas have had time to understand
the conformity process.  Second, we have increased the number of hours
estimated for preparing CO and PM2.5/PM10 hot-spot analyses, based on
experience to date with these requirements and new information collected
from EPA and DOT field offices.  

Table 10: State and Local Burden Hours For

Each Project-Level Conformity Determination 

Hot-spot Analysis

Existing Isolated Rural Nonattainment and Maintenance Areas 

Pollutant	Type of Hot-spot Analysis	Consultation	Hot-spot Analysis	Total


Burden Hours

PM 2.5 	Qualitative	6	22	28

PM10 	Qualitative	6	22	28

CO	Quantitative 	3	14	17

CO 	Qualitative	3	2	5



	Table 11 shows state and local respondent cost estimated for performing
hot-spot analyses in CO, PM2.5 and PM10 isolated rural areas.  

	To calculate the total burden hours for state and local respondents in
isolated rural areas, EPA assumed that each isolated rural area makes a
conformity determination once in a five-year period as we did in the
July 2004 supporting statement.  Also, the transportation conformity
regulation requires a hot-spot analysis for every non-exempt project in
a CO nonattainment or maintenance area.  Because there are two isolated
rural areas that are nonattainment or maintenance for CO, we assumed
there would be two CO hot-spot analyses in isolated rural areas over a
five year period.

	The regulation requires a hot-spot analysis only for projects of air
quality concern in PM areas, rather than every non-exempt project. 
Given that projects of air quality concern, which are generally projects
that involve significant numbers of diesel vehicles, are unlikely to
occur in isolated rural areas, we assumed there would be only one such
project in these 60 areas over a five year period.  Based on these
assumptions, we arrived at a total of 228 hours of burden per year for
state and local respondents in isolated rural areas.   

Table 11: State and Local Annual Cost

Project-Level Conformity Determinations 

Hot-spot Analyses

Isolated Rural Nonattainment Areas

Metropolitan Area	Burden

Hours per Action  	

No. of  Areas 	

Frequency of Action	

Total 

Annual Burden Hours 	

Cost Per Hour	

Total Annual Cost

PM2.5 - Hot-spot Analyses	28	1	5 years	6	$54.93	$330

PM10 – 

Hot-spot Analyses	28	38	5 years	213	$54.93	$11,700

CO -Quantitative Hot-spot Analyses	17	2	5 years	7	$54.93	$385

CO – Qualitative Hot-Spot Analyses	5	2	5 years	2	$54.93	$110

Total State and Local Respondent Burden for Project Level Conformity
Determinations: 228 hours/year x $54.93/hour = $12,524



State and Local Respondent Burden and Costs for the 2006 24-hour PM2.5
NAAQS

Number of Hypothetical 2006 24-hour PM2.5 Nonattainment Areas

	EPA is also accounting for some conformity burden for the 2006 24-hour
PM2.5 NAAQS, since conformity determinations for this standard may be
necessary during the time period covered by this ICR.  The EPA
promulgated a revised 24-hour PM2.5 NAAQS on October 17, 2006 (71 FR
61144).  The effective date for this revised standard was December 18,
2006.  Section 107(d) of the Clean Air Act governs the process for area
designations following the establishment of a new or revised NAAQS.  The
Clean Air Act requires EPA to complete the designation process within
two years of the effective date of the standard unless the Administrator
has insufficient information to promulgate the designations.  In such a
case, the date of final designations may be extended up to one year (but
no later than three years after the effective date of the standard).  

	EPA anticipates making nonattainment designations for the 2006 24-hour
PM2.5 standard by December 18, 2008, with a possible extension up to one
year, but no later than December 18, 2009.  Under either scenario,
transportation conformity would apply for the 2006 24-hour PM2.5
standard one year from the effective date of EPA’s nonattainment
designations, e.g., early 2010 or 2011 respectively, potentially during
the timeframe addressed by this ICR.  

	Since specific PM2.5 nonattainment area boundaries have not been
determined, EPA used the most recently certified PM2.5 air quality data
(years 2003-2005) to estimate the number of hypothetical 2006 24-hour
PM2.5 nonattainment areas.   EPA grouped counties to determine
hypothetical nonattainment areas solely for the purposes of this ICR. 
Although these hypothetical nonattainment areas are based on the most
recently certified air quality data available, they should not be
interpreted as either proposed or final nonattainment designations. 
State boundary recommendations and EPA’s final nonattainment
designations may include areas not considered for this ICR and/or may
exclude areas considered for this ICR.  In addition, final designations
may establish different area boundaries from those assumed for this ICR.
 Final designations will be based on the most recent three years of
certified air quality data available at that time.

	Boundaries for hypothetical metropolitan areas that are considered in
this ICR are based on the total Core Based Statistical Areas (CBSAs) for
that area, plus any surrounding counties that contain a monitor that
shows a violation of the standard.  EPA believes these estimates are
conservative since final area boundaries for metropolitan nonattainment
areas may not include the entire CBSA for a given area and will also
consider States’ recommendations and additional air quality data and
other relevant factors.  Boundaries for isolated rural areas that are
assumed to be hypothetical nonattainment areas for the purposes of this
ICR consist of an entire county plus any adjacent counties that include
a violating monitor. 

	Tables 12 and 13 show the estimated number of hypothetical new
nonattainment areas for the 2006 24-hour PM2.5 standard based on
2003-2005 air quality data and potential experience with the
transportation conformity regulations.  Note that references to PM2.5 in
this and other tables below are solely for the 2006 24-hour PM2.5
standard.



Table 12: Total Hypothetical 2006 24-hour PM2.5 Nonattainment Areas 

For Transportation Conformity ICR Estimates 

Pollutant and NAAQS	Number of Hypothetical New Nonattainment Areas 
Estimated Number of Existing Nonattainment/Maintenance Areas That May
Add One New Pollutant (PM2.5)

2006 24-hour PM2.5 	10	27



Table 13: Possible Level of Conformity Experience For

Hypothetical Nonattainment Areas for the

2006 24-hour PM2.5 NAAQS

Level of Conformity Experience	Metropolitan Areas	Isolated Rural Areas	

Total

	200,000+

Pop.	50,000-200,000 pop.	<50,000 pop.

	Hypothetical New Areas without Previous Conformity Experience	1	2	7	10

Existing Nonattainment/Maintenance Areas that May Also Demonstrate
Conformity for the 2006 24-hour PM2.5 NAAQS

		

17	

7	

3	

27



Transportation Plan and TIP Conformity Determinations in Hypothetical
New Metropolitan Nonattainment Areas for the 2006 24-hour PM2.5 NAAQS

	Tables 14 through 17 show potential state and local burden hours and
costs associated with transportation plan and TIP conformity
determinations for the 2006 24-hour PM2.5 NAAQS in hypothetical new
nonattainment areas without any previous transportation conformity
experience. 

	For these tables, EPA relied on data gathered for the 2004 Supporting
Statement used to develop EPA’s ICR 2130.02 to generate estimated
burden associated with start-up, consultation, regional emissions
analysis and other miscellaneous activities for transportation
conformity determinations in new nonattainment areas.  

	EPA has distributed start-up costs for hypothetical new metropolitan
nonattainment areas evenly between transportation plan and TIP burden
estimates.  For these areas with no previous conformity experience, EPA
has estimated burden hours per respondent associated with start-up
issues, such as reading the conformity regulations, attending a
conformity training, developing transportation and emissions models and
accumulating modeling expertise.  Start-up burden for hypothetical new
areas also includes the time needed to establish conformity consultation
procedures; however, EPA assumes that existing forums for most areas
will be used to facilitate development of such procedures, based on DOT
and EPA field office feedback.  

	EPA generally assumes that start-up burden hours will be relatively the
same for large and small nonattainment areas, although larger areas are
assumed to need some extra time to adapt existing transportation models
for conformity purposes.  Additional time is also included to integrate
transportation models with emissions factor models for regional analyses
for all areas.

	In these hypothetical new nonattainment areas, consultation meetings
would cover other topics in addition to conformity.  However, EPA has
attempted to capture only the burden associated with conformity in these
tables.  In addition, EPA has estimated the burden hours associated with
conducting a regional emissions analysis and completing other
miscellaneous conformity-related activities (e.g., additional
consultation and technical assistance, drafting the conformity
determination, and responding to state and local public comments that
pertain to conformity).  

	Finally, while EPA assumes that MPOs serving large metropolitan areas
would typically conduct conformity determinations separately, because
these hypothetical areas are brand new nonattainment areas, they will be
subject to transportation conformity for transportation plans and TIPs
for the first time within the three year timeframe of this ICR.  EPA
assumes that these MPOs will conduct conformity determinations and
regional emissions analyses for their transportation plans and TIPs at
the same time the first time they comply with the transportation
conformity requirements.    	

Table 14: State and Local Burden Hours For

Each Transportation Plan and TIP Conformity Determination in

Hypothetical Brand New Metropolitan Nonattainment Areas For the

2006 24-hour PM2.5 NAAQS 

Population – 200,000 or More

Start-up	

Consultation	Regional Emissions Analysis	Other Misc. Activities	Total
Burden Hours 

120	40	280	45	485



Table 15: State and Local Annual Cost For

Transportation Plan and TIP Conformity Determinations in

Hypothetical Brand New Metropolitan Nonattainment Areas For the 

2006 24-hour PM2.5 NAAQS

Population – 200,000 or More

Burden Hours Per Action

	

No. of Areas	

Frequency of Action 	Total Annual Burden Hours	

Cost Per Hour	

Total Annual Cost 

485	1	4 years	121	$54.93	$6,647

Total for All Transportation Plan/TIP Actions: 121 hours/year x
$54.93/hour = $6,646/year  



Table 16: State and Local Burden Hours For

Each Transportation Plan and TIP Conformity Determination in

Hypothetical Brand New Metropolitan Nonattainment Areas for the

2006 24-hour PM2.5 NAAQS

Population of 50,000-200,000

Start-up 	

Consultation	Regional Emissions Analysis	Other Misc. Activities	Total 
Burden Hours

105	40	120	30	295



Table 17: State and Local Annual Cost For

Transportation Plan and TIP Conformity Determinations in

Hypothetical Brand New Metropolitan Nonattainment Areas for the

2006 24-hour PM2.5 NAAQS

Population of 50,000-200,000

Burden Hours 

Per Action

	

No. of Areas 	

Frequency of Action	Total Annual Burden Hours	Cost Per Hour	Total Annual
Cost 

295	2	4 years	148	$54.93	$8,130

Total for All Transportation Plan/TIP Actions: 148 hours/year x
$54.93/hour = $8,130/year  

	

Plan and TIP Conformity Determinations in Pre-Existing Metropolitan
Nonattainment Areas Possibly Covered By the 2006 24-hour PM2.5 NAAQS

	Tables 18 through 21 show hypothetical state and local burden hours and
cost associated with transportation plan and TIP conformity
determinations for the 2006 24-hour PM2.5 NAAQS in existing metropolitan
nonattainment and maintenance areas that may be subject to
transportation conformity for the 2006 24-hour PM2.5 NAAQS.  These are
areas that already have experience with the conformity process and have
established interagency consultation procedures. They have also
developed models for conducting plan and TIP conformity determinations. 
    

	These tables also assume that larger hypothetical metropolitan
nonattainment areas will incur more burden in conducting regional
emissions analyses for the 2006 standard compared to smaller
metropolitan areas, and that transportation plan and TIP conformity
determinations and regional emissions analysis are conducted separately
in larger MPOs. 

	For these tables, EPA again relied on data gathered for the 2004
Supporting Statement used for ICR 2130.02 to generate estimated burden
associated with consultation, regional emissions analysis and other
miscellaneous activities associated with transportation conformity
determinations in existing nonattainment and maintenance areas that may
be covered by a new nonattainment designation for the 2006 24-hour PM2.5
NAAQS.

	Consistent with the estimated burden hours associated with brand new
nonattainment areas (Tables 14 through 17), Tables 18 through 21 include
only the burden associated with making a conformity determination for
one additional pollutant and standard in existing nonattainment and
maintenance areas that are already subject to the conformity
requirements.  

	No significant new burden is assumed for start-up in these areas. 
These areas already have experience with the conformity process and have
established interagency consultation procedures and the developed models
for conducting transportation plan and TIP conformity determinations.  

	Finally, the following tables assume that larger metropolitan areas
will incur more burden in conducting regional emissions analyses for the
2006 24-hour PM2.5 standard compared to smaller metropolitan areas.



Table 18: State and Local Burden Hours For

Each Transportation Plan and TIP Conformity Determination in

Hypothetical Pre-Existing Metropolitan Nonattainment Areas for the

2006 24-hour PM2.5  NAAQS

Population – 200,000 or More

Hypothetical

Metropolitan 

Nonattainment Area	

Action	

Start-up	

Consultation	Regional Emissions Analysis	Other Misc. Activities	Total
Burden Hours

Existing Area that Gains One Additional Pollutant	Plan 	10	15	95	15	135









	TIP 	10	10	95	15	130



Table 19: State and Local Annual Cost For

Transportation Plan and TIP Conformity Determinations in

Hypothetical Pre-Existing Metropolitan Nonattainment Areas for the

2006 24-hour PM2.5 NAAQS

Population – 200,000 or More

Hypothetical Metropolitan 

Nonattainment Area	

Action	Burden Hours Per Action

	

No. of Areas	

Frequency of Action	Total Annual Burden Hours	Cost Per Hour	Total Annual
Cost

Existing Area that Gains One Additional Pollutant

	Plan	135	17	4 years	574	$54.93	$31,530











TIP	130	17	4 years	552	$54.93	$ 30,321

Total for All Transportation Plan Actions: 1,126 hours/year x
$54.93/hour = $61,851/year  



Table 20: State and Local Burden Hours For

 Each Transportation Plan and TIP Conformity Determination in

Hypothetical Pre-Existing Metropolitan Nonattainment Areas for the

2006 24-hour PM2.5 NAAQS

Population of 50,000 to 200,000

Hypothetical Metropolitan Nonattainment Area	

Action

	

Start-up	

Consultation	Regional Emissions Analysis	Other Misc. Activities	Total
Burden Hours 

Existing Area that Gains One Additional Pollutant	Plan and TIP	10	12	40
10	72



Table 21: State and Local Annual Cost For

Transportation Plan and TIP Conformity Determinations in

Hypothetical Pre-Existing Metropolitan Nonattainment Areas for the

2006 24-hour PM2.5 NAAQS

Population of 50,000 to 200,000

Hypothetical

Metropolitan Nonattainment Area	

Action	Burden Hours Per Action

	

No. of Areas	

Frequency of Action 	Total Annual Burden Hours	Cost Per Hour	Total
Annual Cost 

Existing Area That Gains One Additional Pollutant	

Plan and  TIP	

72	

7	

4 years	

126	

$54.93	

$6,921

Total for All Plan and TIP Actions: 126 hours/year x $54.93/hour =
$6,921/year  

Project-Level Conformity Determinations in Hypothetical Metropolitan
Nonattainment Areas for 2006 24-hour PM2.5 NAAQS

	Table 22 estimates the burden associated with doing conformity
determinations for projects in hypothetical metropolitan nonattainment
areas for the 2006 24-hour PM2.5 NAAQS. This table is intended to
illustrate potential burden associated with a typical project-level
conformity determination. 

	 In general, EPA based these estimates on the same assumptions that
were previously discussed for project-level conformity determinations in
existing nonattainment and maintenance areas.  For those estimates,
(Tables 8 and 9), EPA calculated the average number of annual actions
based upon survey responses from EPA Regional Offices and DOT offices
that are responsible for working with state and local respondents in
making project-level conformity determinations.

	 EPA also assumes that there will be a small amount of additional
start-up burden hours associated with doing hot-spot analyses as part of
project-level conformity determinations in hypothetical 2006 24-hour
PM2.5 NAAQS areas. 

	As stated previously, PM2.5 hot-spot analyses may be done to fulfill
both NEPA and transportation conformity requirements.  Accordingly, the
burden estimates in Tables 22 and 23 reflect only the share of the
burden attributable to fulfilling transportation conformity requirements
for PM2.5 hot-spot analyses. 



Table 22: State and Local Burden Hours For

Each Project-level Conformity Determination in

Hypothetical Metropolitan Nonattainment Areas for the

2006 24-hour PM2.5

Project Conformity Determinations With or Without Hot-Spot Analysis 
Start-up	Consultation	Hot-spot Analysis	Total 

Burden Hours

No Hot-spot Analysis	0	1	N/A	1

With Qualitative Hot-spot Analysis	0.25	6	22	28.25



Table 23: State and Local Annual Cost For

Project-level Conformity Determinations in

Hypothetical Metropolitan Nonattainment Areas for the

2006 24-hour PM2.5 NAAQS

Metropolitan Area	Burden Hours Per Action

	

Average No. of Actions/Year	

No. of Areas	Total Annual Burden Hours	Cost Per Hour	Total Annual

Cost 

Project-Level Conformity Determination - No Hot-spot Analysis

	Pop. 200,000+	 

1	

65	

18	

1,170	

$54.93	

$64,268

	Pop. 50,000-200,000	

1	

15	

9	

135	

$54.93	

$7,416

Qualitative Hot-spot Analyses

	

28.25	

3	

27	

2,288	

$54.93	

$125,680

Total for All Project-level Actions: 3,593 hours/year x $54.93/hour =
$197,363/year 

Project-Level Conformity Determinations in Hypothetical Isolated Rural
Nonattainment Areas for the 2006 24-hour PM2.5 NAAQS 

	Table 24 includes the burden estimated for doing a conformity
determination for a project in a new hypothetical isolated rural
nonattainment area for the 2006 24-hour PM2.5 NAAQS.  Table 25 shows the
burden associated with performing hot-spot analyses in hypothetical
isolated rural nonattainment areas. As with metropolitan areas, some
isolated rural areas are expected to have conformity experience, while
others will be covered by the conformity rule for the first time.  

	In general, conformity determinations for projects in isolated rural
areas are more extensive than for projects in metropolitan areas, since
regional emissions analysis is also performed when a regionally
significant project “not from a conforming transportation plan and
TIP” is to receive federal funding or approval. 

Table 24: State and Local Burden Hours For

Each Project-Level Conformity Determination in

Hypothetical Isolated Rural Nonattainment Areas for the

2006 24-hour PM2.5 NAAQS

Regional Emissions Analysis Component

Level of Transportation Conformity Experience	Start-up

	

Consultation

	Hot-Spot

Analysis	Total Burden

Hours

No Conformity Experience	140	1 	N/A	141

Previous Conformity Experience	10	1 	N/A	11



Table 25: State and Local Burden Hours For

Each Project-Level Conformity Determination in

Hypothetical Isolated Rural Nonattainment Areas for the

2006 24-hour PM2.5 NAAQS

Hot-Spot Analysis Component

Level of Transportation Conformity Experience	Type of Hot-Spot Analysis
Start-up

	

Consultation

	Hot-Spot

Analysis	Total Burden

Hours

No Conformity Experience	Qualitative	3	6	22	31

Previous Conformity Experience	Qualitative	.25	6	22	28.25



	EPA considered the same factors in developing these estimates as with
similar estimates in this ICR for existing isolated rural nonattainment
and maintenance areas.  

	For isolated rural nonattainment areas that have no previous conformity
experience, there would be some additional start-up burden associated
with developing an interagency consultation process and a reasonable
method for estimating vehicle miles traveled.  Based on responses
received from DOT and EPA field offices, new isolated rural areas should
be able to use existing available resources as starting points for
meeting conformity requirements. Therefore, we have assumed some
additional work will be needed to modify existing consultative forums
and VMT estimation methods for regulatory purposes.  

	EPA assumes that hypothetical PM2.5 areas would incur some additional
burden due to hot-spot analysis requirements.  Consultation between
state and local agencies would occur for each project requiring a
hot-spot analysis.  Like metropolitan projects, EPA is also assuming
that conformity-related topics would be one of many issues discussed
through consultation meetings as a project proceeds through the NEPA
process.  

	

	Again, PM2.5 hot-spot analyses would be done to fulfill both NEPA and
transportation conformity requirements.  Accordingly, the burden
estimates in Table 25 reflect only half of the burden attributable to
fulfilling transportation conformity requirements for PM2.5 hot-spot
analyses. 

	Table 26 shows state and local respondent cost estimated for doing a
conformity determination for a typical regionally significant project in
a hypothetical 2006 24-hour PM2.5 isolated rural nonattainment area
averaged over a five-year period. Table 27 shows the cost associated
with performing hot-spot analyses in the subject PM2.5 areas.  

	



Table 26: State and Local Annual Cost For

Project-Level Conformity Determinations in 

Hypothetical Isolated Rural Nonattainment Areas for the

2006 24-hour PM2.5 NAAQS

Regional Emissions Analysis Component

 Level of Conformity Experience	Burden Hours Per Action

	

No. of Areas	

Frequency of Action	Total Annual Burden Hours	Cost Per Hour	Total Annual

Cost

No Conformity Experience	

141	

7	

5 years	

197	

$54.93	

$10,821

Previous Conformity Experience	

11	

3	

5 years	

7	

$54.93	

$385

			Total Cost: 204 hours/year x $54.93/hour = $11,206/year

Table 27: State and Local Annual Cost For

Project-Level Conformity Determinations in

Hypothetical Isolated Rural Nonattainment Areas 

2006 24-hour PM2.5 NAAQS

Hot-Spot Analysis Component

 Isolated Rural Area	Burden Hours Per Action

	

No. of Areas	

Frequency of Action	Total Annual Burden Hours	Cost Per Hour	Total Annual

Cost

No Conformity Experience	

31	

7	

5 years	

43	

$54.93	

$2,362

Previous Conformity Experience	

28.25	

3	

5 years	

17	

$54.93	

$934

				Total Cost: 60 hours/year x $54.93/hour = $3,296/year



6(b)	Estimating State and Local Respondent Costs

	The following paragraphs describe the assumptions used for estimating
state and local respondent costs illustrated in section 6(a):

	(i)	Estimating Labor Costs

	EPA assumed that each state and local burden hour associated with
conformity determinations is completed by an experienced technical staff
person at a state or local agency or contractor.  In addition to salary
costs, EPA is also including overhead costs associated with employing an
experienced technical staff person, such as paid leave, health
insurance, retirement savings, office space, computers, and other
business expenses.

	EPA is assuming that state and local burden hours would be completed by
an experienced technical staff person being paid at a GS-13, Step 3
federal government employee salary of $71,415/year.  EPA then divided
the annual 2007 GS-13, Step 3 salary rate by 2080 (the number of hours
in a work year) and multiplied this number by the standard government
overhead factor of 1.6.  This calculation results in a state and local
cost of $54.93/burden hour.   

	(ii)	Estimating Capital/Start-up and Operations and Maintenance (O&M)
Costs

	In general, EPA is not expecting that additional computers, software,
or other capital investments are needed to do regional conformity
analyses.  Planners should be able to adapt existing equipment and
systems for conformity use.

	The transportation conformity regulation does not contain any
continuing record keeping or reporting requirements that require
additional capital or O&M costs for individual state or local respondent
actions.  Thus, no capital or O&M cost is included for record keeping
and reporting actions.

	(iii)	Annualizing Capital Costs

EPA has assumed the following in annualizing estimates:

	Estimates for transportation plan and TIP conformity determinations are
annualized over a four-year period, to correspond with new SAFETEA-LU
requirements that transportation plans and TIPs conform with a new
conformity determination and regional emissions analysis every four
years.  EPA included the cost associated with meeting the minimum
requirements, and therefore assumed that only one transportation plan or
TIP conformity determination will be done for each MPO every four years
in metropolitan nonattainment and maintenance areas.  For the purposes
of this ICR, EPA is not considering additional burden from MPOs updating
or revising transportation plans and TIPs voluntarily on a more frequent
basis.

 	SAFETEA-LU aligns the transportation conformity update cycle for
transportation plans and TIPs such that the frequency of making
conformity determinations on updated transportation plans and TIPs now
occurs at the same time for both, rather than at different times
(previously frequency of making conformity determinations on updated
transportation plans and TIPs was three years and two years,
respectively).  EPA believes that because conformity determinations on
transportation plans and TIPs can now be done with the same four-year
frequency, MPOs can perform these conformity determinations at the same
time to achieve optimal efficiencies and reduce burden.  However, since
aligning transportation plan and TIP updates may not always occur for
MPOs serving large metropolitan areas (populations of 200,000 or more),
EPA will continue to assume that those MPOs will continue to determining
conformity for transportation plans and TIPs separately subject to
conformity requirements.  EPA assumes that MPOs serving smaller
metropolitan areas (populations of 50,000-200,000) perform
transportation plan and TIP updates and conformity determinations
simultaneously.   

	

6(c) Estimating Agency Burden and Costs  

	This section of the ICR shows Agency burden and costs associated with
carrying out transportation conformity regulations.  

Estimating Federal Labor Costs

	EPA estimates that each DOT and EPA federal burden hour associated with
conformity determinations is completed by an experienced technical staff
person.  EPA is also including overhead costs associated with employing
an experienced technical staff person, such as paid leave, health
insurance, retirement savings, office space, computers, and other
business expenses.

	EPA assumed that federal burden hours would be completed by an
experienced technical staff person being paid at a GS-13, Step 3 federal
government employee salary of $71,415/year.  EPA then divided the annual
2007 GS-13, Step 3 salary rate by 2080 (the number of hours in a work
year) and multiplied this number by the standard government overhead
factor of 1.6.  This calculation resulted in a federal cost of
$54.93/burden hour.   	

	

	Assuming $54.93 per federal burden hour, Table 28 shows the total
federal annualized cost associated with making transportation plan and
TIP conformity determinations in metropolitan nonattainment and
maintenance areas. 

Transportation Plan and TIP Conformity Determinations in Existing
Metropolitan Nonattainment/Maintenance Areas – Federal Burden Hours
and Cost

  

	Tables 28 through 30 show estimated federal burden hours and cost
associated with making conformity determinations for transportation
plans and TIPs in existing metropolitan nonattainment and maintenance
areas.  EPA assumes that federal burden in these existing areas is
associated only with conformity-related work prior to an MPO’s
determination and for reviewing transportation plan and TIP conformity
determinations and that MPOs have established interagency consultation
procedures with regularly scheduled meetings for discussing conformity
issues.  Because MPOs serving smaller metropolitan areas (populations
between 50,000-200,000) typically do conformity determinations for
transportation plans and TIPs at the same time since they are typically
on the same four-year update cycle, EPA also assumes that federal burden
associated with consulting on and reviewing transportation plan and TIP
conformity determinations for these MPOs is done at the same time as
well.  Therefore, federal burden associated with transportation
conformity requirements in smaller metropolitan areas (50,000-200,000)
is half the burden associated with transportation plan and TIP
conformity determinations in large metropolitan areas.

	EPA calculated estimated federal burden hours based upon survey
responses from EPA Regional Offices and DOT offices that are responsible
for work associated with making conformity determinations for
transportation plans and TIPs.  

		 

Table 28: Federal Burden Hours For

Each MPOs Transportation Plan Conformity Determination 

Metropolitan 

Planning Organization	Activity	FHWA	FTA	EPA	Total



Per Conformity Determination  

(Includes all areas with populations of 200,000+)

	Attending Consultation Meetings	10	10	10	30

	Conformity-Related Work Prior to MPO Submission 	12	>0.5	3	15

	Reviewing Plan Conformity Determination	13	2	7	22

Federal Hours Burden For Each Plan Conformity Determination:   67



Table 29: Federal Burden Hours

Each MPO TIP Conformity Determination

Metropolitan 

Planning Organization	Activity	FHWA	FTA	EPA	Total



Per Conformity Determination  

(Includes all areas with populations of 200,000+)

	Attending Consultation Meetings	10	10	10	30

	Conformity-Related Work Prior to MPO Determination 	12	0	3	15

	Reviewing Plan Conformity Determination	13	2	7	22

Federal Hours Burden For Each TIP Conformity Determination:  67



Table 30: Federal Annual Cost for MPOs

Transportation Plan and TIP Conformity Determinations

Action	

Metropolitan Nonattainment Area	Burden Hours Per Action 

	

No. of MPO’s 	

Frequency of Action 	Total Annual Burden Hours	Cost Per Hour 	Total
Annual Cost 

Plan 

	Per Conformity Determination 

(Pop. 200,000+)	67	115	4 years	1,926	$54.93	$105,795

Total Federal Burden for Plan Actions: 2,965 hours/year x $54.93/hour =
$162,867

TIP

	Per Conformity Determination

(Pop. 200,000+)	67	115	4 years	1,926	$54.93	$105,795

Total Federal Burden for TIP Actions: 2,965 hours/year x $54.93/hour =
$162,867

Plan/

TIP

	Per Conformity Determination (pop. 50,000-200,000)	67	62	4 years	1,038
$54.93	$57,017



Total Federal Burden for Plan and TIP Actions: 4,890 hours/year x
$54.93/hour = $268,608





Project-Level Conformity Determinations in Metropolitan Nonattainment
Areas – Federal Burden Hours and Cost

	Tables 31 and 32 estimate the burden hours and cost that federal
agencies incur associated with conformity determinations for projects in
metropolitan nonattainment areas. These tables are intended to
illustrate burden associated with a typical project-level conformity
determination. 

	To calculate burden for federal agencies associated with consultation
and reviewing project-level conformity determinations for metropolitan
nonattainment and maintenance areas, EPA polled its regional offices and
DOT.  The following tables show federal burden associated with
consultation and reviewing project-level conformity determinations
prepared by state and local respondents. State and local respondents
burden hours and cost associated with consultation, hot-spot analysis
and regional emissions analysis may be found in Tables 8 through 11.

Table 31: Federal Burden Hours For

Each Project-level Conformity Determination in 

Existing Metropolitan Nonattainment and Maintenance Areas

Pollutant	Type of Hot-spot Analysis	Consultation	Reviewing Project-level
conformity determinations	Total 

Burden Hours

Ozone, NO2, PM2.5 and PM10	None	.25	.25	.5

PM 2.5 	Qualitative	2	6	8

PM10 	Qualitative	2	6	8

CO	Quantitative or Qualitative	..25	1.25	1.5





Table 32: Federal Annual Cost For

Project-level Conformity Determinations in 

Metropolitan Nonattainment and Maintenance Areas

Type of Analysis	Burden Hours Per Action

	

Average

No. of Actions/

year	

No. of MPOs	Total Annual Burden Hours	Cost Per Hour	Total Annual

Cost 

Project level conformity determination  - No Hotspot Analysis	Pop.
200,000+	

.5	

65	

115	

3,738	

$54.93	

$205,328

	Pop. 50,000-200,000	

.5	

15	

62	

465	

$54.93	

$25,542

PM2.5 – Qualitative Hot-spot Analyses	

8	

3	

65	

1,560	

$54.93	

$85,691

PM10 – Qualitative

Hot-spot Analyses	

8	

1	

41	

328	

$54.93	

$18,017

CO -Quantitative Hot-spot Analyses	

1.5	

5	

76	

570	

$54.93	

$31,310



CO – Qualitative Hot-Spot Analyses	

1.5	

0.5	

76	

57

	

$54.93	

$3,131

Total for All Project-level Actions: 6,718 hours/year x $54.93/hour=
$369,020/year 

	

Project-Level Conformity Determinations in Existing Isolated Rural
Nonattainment and Maintenance Areas – Federal Burden Hours and Cost

Table 33 shows federal burden associated with conformity determinations
for a typical regionally significant project in an isolated rural
nonattainment area.  Table 34 shows federal burden associated with
interagency consultation and review of hot-spot analyses in isolated
rural CO, PM2.5. and PM10 nonattainment and maintenance areas.  Table 35
shows federal annual cost associated with conformity determinations for
project-level conformity determinations in isolated rural nonattainment
and maintenance areas.

In general, conformity determinations for projects in isolated rural
areas are more extensive than for metropolitan areas, since isolated
rural areas also need to perform a regional emissions analysis when a
regionally significant project is to receive federal funding or
approval. 

Table 33: Federal Burden Hours For

Each Project-Level Conformity Determination in

Isolated Rural Nonattainment and Maintenance Areas

Regional Emissions Analysis Component

Type of Project	Activity	FHWA	FTA	EPA	Total

Projects in Isolated Rural Area  

	Attending Consultation Meetings	5	1	1	7

	Conformity-Related Work on Draft Determination	6	0	2	8

	Reviewing Project Conformity Determination	20	3	10	33

Total For Each Isolated Rural Area Project Determination:    48   



Table 34: Federal Burden Hours For

Each Project-Level Conformity Determination in

Isolated Rural Nonattainment and Maintenance Areas

Hot-spot Analysis Component

Pollutant	Type of Hot-spot Analysis	Consultation	Reviewing Project-level
conformity determinations	Total 

Burden Hours

PM 2.5 	Qualitative	2	6	8

PM10 	Qualitative	2	6	8

CO	Quantitative 	.25	1.25	1.5

CO 	Qualitative	.25	1.25	1.5



	.

Table 35: Federal Agency Burden Cost For

Project-Level Conformity Determinations 

Isolated Rural Nonattainment Areas

Regional Emissions and Hot-spot Analyses

Type of Project	Burden

Hours per Action 

	

No. of  Isolated Rural Areas 	

Frequency of Action	

Total 

Annual burden hours 	

Cost Per Hour	

Total Annual Cost

Projects in Isolated Rural Areas –No Hot-spot Analysis	48	60	5 years
576	$54.93	$31,640

PM2.5 – Hot-spot Analyses 	8	1	5 years	2	$54.93	$110

PM10 – Hot-spot Analyses	8	38	5 years	61	$54.93	$3,351

CO Hot-spot Analyses 	1.5	2	5 years	1	$54.93	$55

Total Federal Agency Burden for Project Level Conformity Determinations:
640 hours/year x $54.93/hour = $35,155



Adequacy Findings for SIP Motor Vehicle Emissions Budgets – Federal
Burden Hours

	One component of the federal burden associated with transportation
conformity is EPA’s role in making adequacy findings for SIPs with new
motor vehicle emissions budgets.  The conformity regulation requires the
motor vehicle emissions budget(s) from a submitted SIP to be used as the
measure of conformity once EPA finds such a budget(s) adequate (40 CFR
93.118(e) and (f)).  The total burden of the adequacy review process is
borne by EPA.  No other federal agencies are involved in the adequacy
review process.  This ICR also does not account for any state or local
work associated with developing the SIP because SIPs are developed to
meet other non-conformity requirements.  

	EPA based burden hours associated with each adequacy review on the
average amount of EPA staff time needed per adequacy determination, EPA
staff time includes the time needed to notify the public that a SIP has
been submitted and is under adequacy review, the adequacy review of the
SIP’s budget(s), responding to any public comments, and publishing a
Federal Register notice with EPA’s finding.  

	Table 36 illustrates EPA’s burden hours for each adequacy finding. 
These estimates were drawn from a recent survey of EPA Regional Offices,
as well as an estimate of the time spent at headquarters.   

Table 36: Federal Burden Hours for EPA’s

Adequacy Findings of

SIP Motor Vehicle Emissions Budgets

Activity	Hours to perform

Per Adequacy Finding	Adequacy Review	17

	Federal Register Notice Preparation and Publication	19

	Preparation for and Website Posting	3

  Burden hours per Adequacy Finding: 39 



Adequacy Findings – Federal Costs

	EPA estimates that each EPA federal burden hour associated with
adequacy determinations is completed by an experienced technical staff
person.  We believe that this will result in a conservative cost
estimate.  EPA is also including overhead costs associated with
employing an experienced technical staff person, such as paid leave,
health insurance, retirement savings, office space, computers, and other
business expenses.

	EPA assumed that federal burden hours would be completed by an
experienced staff person being paid at a GS-13, Step 3 federal
government employee salary of $71,415/year.  EPA then divided the annual
2007 GS-13, Step 3 salary rate by 2080 (the number of hours in a work
year) and multiplied this number by the standard government overhead
factor of 1.6.  This calculation resulted in a federal cost of
$54.93/burden hour.   	

	

	Assuming $54.93 per federal burden hour, Table 37 shows the total
federal annualized cost associated with making adequacy determinations
for SIP motor vehicle emissions budgets.  EPA based the number of
adequacy reviews need each year based on the historical average number
of SIPs that EPA has processed for adequacy over the past seven years,
and responses from EPA regions regarding the anticipated number of SIPs
expected to process for adequacy in fiscal year 2007. 

	Table 37 also shows costs associated with Federal Register notices of
adequacy findings.  A Federal Register notice of EPA’s adequacy
determination is always required, but often such notice is given with a
proposed or final rulemaking action to approve the submitted SIP which
is required due to other non-conformity requirements.  Therefore, EPA
included in the above table only the cost associated with Federal
Register notices that were published separate from a proposed or final
rulemaking action to approve the submitted SIP.   



	Table 37: Federal Annual Cost  

Adequacy Findings

Action	

Number of  Actions per Region	

No. of Regions 	

Burden Hours per Action 	Total Annual Burden Hours	

Cost Per Hour 	Total Annual  Burden Cost 

Adequacy Finding	5	10	39	1,950	$54.93	$107,114





Action	

Number of  Actions	

No. of Regions 	

Total Federal Register Notice Publications	

Average cost per Publication	Total Annual  Burden Cost 

Federal Register Notice – Publication Costs	5	10	50	$413	$20,650

Total Burden For Adequacy Findings: 1,950 hours/year x $54.93/hour
=$107,114 + $20,650 = $127,764



	 

                          

Plan and TIP Conformity Determinations in Hypothetical New Metropolitan
Nonattainment Areas for the 2006 24-hour PM2.5 NAAQS – Federal Burden
Hours and Cost

	

Table 38 presents the estimated federal burden hours per transportation
plan and TIP conformity determination in new nonattainment areas that
have never done transportation conformity before.  We used the same
estimate of burden hours as we used in the 2004 ICR, as there is no
reason to believe the burden associated with meeting federal conformity
requirements in new nonattainment areas would have changed.  Those
estimates were drawn directly from FHWA, FTA, and EPA responses to a
request for burden information.  DOT and EPA burden associated with plan
and TIP conformity determinations includes attending consultation
meetings, providing technical and policy assistance prior to an MPO’s
determination, and reviewing the final plan or TIP conformity
documentation.  

	Note burden hours per conformity determination for the three areas that
have never been nonattainment before are higher than in the areas that
are already doing conformity for some other pollutant.  EPA assumes that
the federal agencies will incur more burden from additional review and
consultation needed for conformity determinations in areas that have no
experience with transportation conformity.  In contrast, in areas that
already do conformity for another pollutant, no new burden is assumed
for consultation as these areas already have established interagency
consultation procedures with regularly scheduled meetings for discussing
conformity issues.  

	For these tables, EPA relied on data gathered for EPA’s previous ICR
(ICR# 2130.02) to generate estimated burden associated with attending
interagency consultation meetings, conformity-related work prior to the
MPO conformity determination and for reviewing plan and TIP conformity
determinations in new nonattainment areas.

	As with federal burden incurred for transportation plan and TIP
conformity determinations in Tables 28-30, EPA assumes that federal
burden associated with transportation plan and TIP conformity
determinations for MPOs serving populations large populations of 200,000
or more and between 50,000-200,000 will be done at the same time due to
the fact that this is the first time that these areas will be subject to
transportation conformity.  

Table 38: Federal Burden Hours For

Each Transportation Plan and TIP Conformity Determination in  

Hypothetical New Metropolitan Nonattainment Areas For the

2006 24-hour PM2.5 NAAQS

Level of Conformity Experience	

Activity	

FHWA	

FTA	

EPA	

Total

No Previous Conformity Experience	Attending Consultation Meetings	10	10
10	30

	Conformity-Related Work Prior to MPO Determination 	35	1	10	46

	Reviewing Plan and TIP Conformity Determination	40	6	20	66

Total Federal Burden Hours - Each Brand New 2006 24-hour PM2.5 Area
Transportation Plan & TIP Conformity Determination:      142   



Table 39: Federal Annual Cost For

Transportation Plan and TIP Conformity Determinations in

Hypothetical New Metropolitan Nonattainment Areas

2006 24-hour PM2.5 NAAQS

Action	Hypothetical Nonattainment Designation of Metropolitan Area
Burden Hours Per Action 

	

No. of Areas 	

Frequency of Action 	Total Annual Burden Hours	Cost Per Hour 	Total
Annual Cost 

Plan/TIP

(Pop. 200,000+)

	2006 24-hour PM2.5	142	1	4 years	36	$54.93	$1,977



Plan/TIP

(Pop. 50,000-200,000)

	2006 24-hour PM2.5	142	2	4 years	71	$54.93	$3,900



Total Federal Burden for Plan and TIP Actions – New Nonattainment
Areas – 2006 24-hour PM2.5: 

107 hours/year x $54.93/hour = $5,877



Plan and TIP Conformity Determinations in Pre-Existing Metropolitan
Nonattainment Areas for the 2006 24-hour PM2.5 NAAQS – Federal Burden
Hours and Cost

	Table 40 shows federal burden hours associated with transportation plan
and TIP conformity determinations for the 2006 24-hour PM2.5 NAAQS in
existing nonattainment and maintenance areas which may be gaining one
new pollutant as a result of the 2006 24-hour PM2.5 NAAQS. 

	For this table, EPA relied on data gathered for ICR 2130.02 to generate
estimated burden associated with attending interagency consultation
meetings, conformity-related work prior to the MPO conformity
determination and for reviewing plan and TIP conformity determinations
in existing nonattainment and maintenance areas which are gaining one
new pollutant.

Table 40: Federal Burden Hours

Each Transportation Plan and TIP Conformity Determination 

Hypothetical Pre-Existing Metropolitan Nonattainment/Maintenance Areas

2006 24-hour PM2.5 NAAQS

Metropolitan 

Nonattainment Area	Activity	FHWA	FTA	EPA	Total

Existing Area That Gains One Additional Pollutant

(Includes all areas with populations of 200,000+ and 50,000-200,000)

	Attending Consultation Meetings	10	10	10	30

	Conformity-Related Work Prior to MPO Determination 	12	0	3	15

	Reviewing Plan Conformity Determination	13	2	7	22

Total For Each Pre-Existing Area With One Additional Pollutant:   67   





Table 41: Federal Annual Cost 

Transportation Plan and TIP Conformity Determinations

Hypothetical Pre-Existing Metropolitan Nonattainment Areas

2006 24-hour PM2.5

Action	

Hypothetical

Metropolitan Nonattainment Area	Burden Hours Per Action 

	

No. of Areas 	

Frequency of Action 	Total Annual Burden Hours	Cost Per Hour 	Total
Annual Cost 

Plan

(200,000+ pop.)	Pre-Existing Area That Gains One Additional Pollutant	67
17	4 years	285	$54.93	$15,655

Total For All Transportation Plan Actions: 402 hours/year x $54.93/hour
= $22,082   

TIP

(200,000 + pop.)	Pre-Existing Area That Gains One Additional Pollutant
67	17	4 years	285	$54.93	$15,655

Total For All TIP Actions: 402 hours/year x $54.93/hour = $22,082   

Plan/

TIP

(50,000-200,000 pop.)	Pre-Existing Area That Gains One Additional
Pollutant	67	7	4 years	117	$54.93	$6,427



Total Federal Burden for Plan and TIP Actions – Pre-Existing
Nonattainment/Maintenance Areas – 

2006 24-hour PM2.5: 687 hours/year x $54.93/hour = $37,737



Project-Level Conformity Determinations in Metropolitan Nonattainment
Areas for 2006 24-hour PM2.5 NAAQS – Federal Burden Hours and Cost

The following tables show federal burden hours and cost associated with
consultation and reviewing project-level conformity determinations
prepared by state and local respondents for projects in hypothetical
metropolitan areas designated nonattainment for the 2006 24-hour PM2.5
standard.  EPA assumes that the federal burden hours for project-level
conformity determinations and hot-spot analyses would be the same as in
existing PM2.5 areas.  Similarly, EPA assumes that the total number of
projects and the number that would need a project-level conformity
determination would be the same as in existing PM2.5 areas.  Therefore,
the burden hours per project-level conformity determination in Table 42
are the same as found in Table 31.

Table 42: Federal Burden Hours For

Each Project-level Conformity Determination in

Hypothetical Metropolitan Nonattainment Areas For

2006 24-hour PM2.5

Type of Project	Consultation	Reviewing Project-level conformity
determinations	Total 

Burden Hours

2006 24-hour PM 2.5 – No Hot-spot Analysis	.25	.25	.5

2006 24-hour PM 2.5- Qualitative Hotspot Analysis 	2	6	8



	Table 43 estimates the federal annual cost associated with consultation
and reviewing project-level conformity determinations prepared by state
and local respondents for projects in hypothetical metropolitan areas
designated nonattainment for the 2006 24-hour PM2.5 NAAQS.  

Table 43: Federal Annual Cost For

Project-level Conformity Determinations in 

Hypothetical Metropolitan Nonattainment Areas For

2006 24-hour PM2.5 NAAQS

Metropolitan Area	Burden Hours Per Action

	

Average

No. of Actions/year	

No. of Areas	Total Annual Burden Hours	Cost Per Hour	Total Annual

Cost 

Non-attainment for 2006 24-hour PM2.5

	Pop. 200,000+	

.5	

65	

18	

585	

$54.93	

$32,134

	Pop. 50,000-200,000	

.5	

15	

9	

68	

$54.93	

$3,735

Non-attainment 2006 24-hour PM2.5 - Qualitative Hot-spot Analyses

	

8	

3	

27	

648	

$54.93	

$35,595

Total Federal cost 2006 24-hour PM2.5 Project-level Actions: 1,301
hours/year x $54.93/hour= $71,464/year 

Project-Level Conformity Determinations in Isolated Rural Nonattainment
Areas for 2006 24-hour PM2.5 NAAQS – Federal Burden Hours and Cost

Table 44: Federal Burden Hours For

Each Project-level Conformity Determination in 

Hypothetical Isolated Rural Nonattainment Areas for the

2006 24-hour PM2.5

Regional Emissions Analysis Component

Level of Experience	Activity	FHWA	FTA	EPA	Total

Has Previous Conformity Experience	Attending Consultation Meetings	5	1	1
7

	Conformity-Related Work Prior to State DOT Submission 	6	0	2	8

	Reviewing Project Conformity Determination	20	3	10	33

Total For Each new 2006 24-hour PM2.5 Isolated Rural Area Project
Determination:    48   



Table 45: Federal Burden Hours

Each Project-Level Conformity Determination

Hot-spot Analysis

Hypothetical Isolated Rural Nonattainment Areas 

2006 24-hour PM2.5 

Pollutant	Type of Hot-spot Analysis	Consultation	Reviewing Project-level
conformity determinations	Total Burden Hours

2006 24-hour PM2.5	Qualitative	2	6	8



	

Table 46: Federal Annual Cost  

Project-Level Conformity Determinations 

Regional Emissions and Hot-spot Analyses

Hypothetical Isolated Rural Nonattainment Areas

2006 24-hour PM2.5

Nonattainment Designation of Isolated Rural Area	

Burden Hours Per Action 

	

No. of Areas 	

Frequency of Action 	Total Annual Burden Hours	

Cost Per Hour 	Total Annual  Burden Cost 

2006 24-hour PM2.5	48	7	5 years	67	$54.93	$3,680

2006 24-hour PM2.5 - Hot-spot Analyses		8	7	5 years	11	$54.93	$604

Total For All New Isolated Rural Areas: 78 hours/year x $54.93/hour
=$4,284



6(d)	Estimating the Respondent Universe and Total Burden and Costs

	EPA estimates that 177 MPOs will conduct transportation plan and/or TIP
conformity determinations during the period covered by this ICR and that
EPA Regional Offices, the FHWA and FTA will be involved in interagency
consultation, and review of any transportation-related conformity
determinations performed by MPOs during this process.  EPA also
estimates that similar consultation will occur for projects in isolated
rural and metropolitan areas. 

6(e)	Bottom Line Burden Hours and Cost Tables

	The bottom line annual burden for all State and local respondents is
53,818 hours with a cost of $2,956,224.

	The bottom line annual burden for Federal agency respondents is 16,371
hours with a cost of $899,259.

	Finally, the bottom line burden to all federal, state, and local agency
respondents over the 3-year period covered by this ICR is estimated at
210,567 hours, with a cost of approximately $11,566,445.

Respondent Tally

	The bottom-line annual burden for all State and local agencies in
performing transportation conformity determinations for transportation
plans and TIPs in existing and new nonattainment areas is 32,272
hours/year with a cost of $1,772,702/year.  

	The bottom-line annual burden for all State and local agencies in
performing project level conformity determinations and, where
applicable, hot-spot analyses in new and existing metropolitan areas is
21,054 hours/year at a cost of $1,156,496/year.  

	The bottom-line annual burden for all State and local agencies in
performing project level conformity determinations and, where
applicable, hot-spot analyses in new and existing isolated rural areas
is  492 hours/year at a cost of $27,026/year.

Federal Agency Tally

		The bottom-line annual burden for Agencies associated with
transportation conformity determinations for transportation plans and
TIPs in existing and new nonattainment areas is 5,684 hours/year at a
cost of $312,222/year.

		The bottom-line annual burden for Agencies associated with project
level conformity determinations and, where applicable, hot-spot analyses
in new and existing metropolitan areas is  8,019 hours/year at a cost of
$440,484/year.

	The bottom-line annual burden for all Agencies associated with project
level conformity determinations and, where applicable, hot-spot analyses
in new and existing isolated rural areas is 718 hours/year at a cost of
$39,439/year.

	The bottom-line annual burden for EPA burden associated with adequacy
determinations for motor vehicle emissions budgets associated with SIPs
is 1,950 hours/year at a cost of $127,764/year.

Tables 47 and 48 show the total annual estimated burden hours and cost
associated with transportation conformity determinations requirements
incurred by state, local and federal respondents.

Table 47: Total Annual Burden Hours For

Transportation Conformity Determinations

Type of Conformity Determination	Total Annual 

State and Local 

Burden Hours	Total Annual Federal Burden Hours	Total Annual Conformity
Burden Hours

Transportation Plan & TIP	32,272	5,684	37,956

Projects in Metropolitan Areas- brand new and existing	21,054	8,019
29,073

Projects in Isolated Rural Areas –brand new and existing	492	718	1,210

Adequacy Determinations	N/A	1,950	1,950

					BOTTOM LINE BURDEN HOURS:    70,189/ year   

Table 48: Total Annual Costs Associated With 

Conformity Determinations 

Type of Conformity Determination	Total Annual State and Local Cost	Total
Annual Federal Cost 	Total Annual Conformity Costs

Transportation Plan & TIP 	$1,772,702	$312,222	$2,084,924

Projects in Metropolitan Areas –brand new and existing	$1,156,496
$440,484	$1,596,980

Projects in Isolated Rural Areas – brand new and existing	$27,026
$39,439	$66,465

Adequacy Determinations	N/A	$127,764	$127,764

						      BOTTOM LINE COST:   $3,876,133/ year   

Variations in the Annual Bottom Line

	EPA does not anticipate significant variations in the annual respondent
reporting burden or cost over the course of the clearance period.  

6(f)	Reasons for Change in Burden

Increase in respondent burden since the previous ICR was approved is
approximately 29,063 hours:

(i)	Adjustments for reduced burden associated with the implementation of
transportation conformity provisions in the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU): 
Decrease in hours associated with reduced reporting frequency for
transportation plans and TIPs. 

	SAFETEA-LU, which was signed into law on August 10, 2005, revised a
number of aspects of the Clean Air Act’s section 176(c) transportation
conformity provisions including:

Reducing the three-year conformity update cycle for transportation plans
to every four years; and

Reducing the two-year conformity update cycle for TIPs to every four
years.

As a result, EPA estimates that MPO annual burden will be reduced
accordingly, since conformity is required less frequently.  

Burden hour decrease attributable to these changes: Approximately 28,514
hours

(ii)	Adjustment for reduced burden associated with conformity training
for those MPOs that had never done transportation conformity prior to
PM2.5 and 8-hour ozone NAAQS.  

	EPA ICR 2130.02 included the burden associated with training and
start-up costs for MPOs that had never performed conformity
determinations for any transportation-related criteria pollutant.  This
was a significant concern in the last ICR when many new 8-hour ozone and
PM2.5 nonattainment areas had no previous conformity experience. 
However, for the purposes of this ICR, start-up costs are no longer
relevant for existing nonattainment and maintenance areas that have been
doing conformity for some time.  However, EPA has accounted for start-up
burden costs associated in any hypothetical nonattainment areas for the
2006 24-hour PM2.5 NAAQS, for those hypothetical areas that are assumed
to have no previous conformity experience.  

Burden hour decrease attributable to these changes: Approximately 871
hours

	

(iii)	Program change associated with transfer of DOT ICR (OMB
#2132-0529) to EPA ICR 2130.03:

Decrease in size of state and local respondent universe: Number of
metropolitan planning organizations (MPOs) responsible for determining
conformity for transportation plans and TIPs.

	The 2006 DOT ICR (OMB #2132-0529 - hereinafter referred to as the
“DOT ICR”) estimated that 192 MPOs are located in nonattainment and
maintenance areas.  EPA today estimates that 177 MPOs are located in
nonattainment and maintenance areas.

	In preparing this ICR renewal, EPA performed several activities to
identify and confirm that there are 177 MPOs located in nonattainment
areas.  First, EPA created a full listing of all nonattainment and
maintenance areas for which transportation conformity NAAQS applies.  	

Next, using nonattainment maps on the DOT’s web-site and various
Internet searches, EPA developed a full listing of MPOs and
nonattainment and maintenance areas for which each is responsible for
determining conformity. 

	To verify our data, EPA referred to two Federal Register notices:
Qualifying Urban Areas for Census 2000, published by the Department of
Commerce Bureau of the Census on May 1, 2002 (67 FR 21962-21967) and
Designation of Transportation Management Areas, published by the
Department of Transportation on July 8, 2002 (67 FR 45173-45178) .  EPA
also sent this data to EPA Regional Offices to review for accuracy. 

Increase in number of MPOs taking advantage of SAFETEA-LU flexibilities
and associated reduced costs.

	The DOT ICR estimated of the 192 MPOs located in nonattainment areas,
only 50% of them would take advantage of the flexibilities that
SAFETEA-LU provides in reducing frequency of conformity determinations
for transportation plans from every three years to every four years. 
DOT also estimated that costs for conformity determinations would be
reduced by 25% because of these SAFETEA-LU flexibilities.  DOT did not
calculate any reduced burden associated with SAFETEA-LU flexibilities
for conformity determinations associated with TIPs.  

	In this ICR, EPA assumes that all 177 MPOs will take advantage of the
flexibilities that SAFETEA-LU provides them in reducing the frequency of
conformity determinations to every four years for both transportation
plans and TIPs.  EPA did not include transportation plan or TIP
amendments that may occur voluntarily mid-cycle.

	EPA also used a different method than DOT for calculating savings
associated with the SAFETEA-LU flexibilities.  Rather than assuming a
flat 25% savings related to the SAFETEA-LU flexibilities, EPA used the
same estimated hours burden as was used to determine burden in 2004 for
conformity determinations and re-calculated the total hours burden based
on a four year frequency of conformity determinations, rather than a
three-year frequency for transportation plans and a two-year frequency
for TIPs.  

Differences in state and local respondent costs associated with
conformity determinations.

	To create average annual cost burden associated with transportation
conformity determinations in its ICR, DOT used information obtained from
FY2005/FY2006 Unified Planning Work Programs (UPWP) from a sample of 14
MPOs from large urban areas with populations of 200,000 or more and one
MPO from a urban area with a population of 50,000-200,000 provided
estimated annual conformity determination costs.  Based on the UPWP’s
for FY2005/2006, the annual costs associated with transportation
conformity determinations for large urban MPOs (population 200,000 or
more) averaged $140,100 (pre-SAFETEA-LU) and $25,300 for small MPOs
(populations of 50,000-200,000).  

	To show burden reductions, DOT multiplied these average costs for large
and small MPOs, respectively, by the number of large MPOs (DOT
identified 108) and small MPOs (DOT identified 84) in nonattainment
areas.  DOT then multiplied those results by three years (pre-SAFETEA-LU
frequency of conformity determinations for plans) and divided those
numbers by four (reduced frequency for conformity determinations
associated with SAFETEA-LU).  DOT multiplied those numbers by 50% to
obtain the burden reduction associated with SAFETEA-LU flexibilities.

	The calculations below are obtained from the DOT ICR (Section:
Regulatory Cost Analysis of Proposed Rulemaking, sub-section 3(a)(10)
“Reduce minimum frequency of Conformity Determination in nonattainment
and maintenance areas from 3 to 4 years) showing reduced burden for
transportation conformity determinations associated with SAFETEA-LU:

	

	TMAs: $140.1K x 3 ÷ 4 x 108 MPOs x 50% = -$5.7 million

	Non-TMAs: $25.3K x 3 ÷ 4 x 84 MPOs x 50% = -$800,000

	DOT did not include actual burden estimates for transportation
conformity in its ICR, but instead included estimated reductions as a
result of SAFETEA-LU.  To calculate estimated cost in the DOT ICR
associated with transportation conformity, EPA used the above estimates
to deduce that the DOT ICR estimated annual costs associated with
transportation conformity at approximately $15,089,550.

	

	In contrast, this ICR estimated cost by calculating burden hours and
multiplying them by a labor rate.  EPA based its state and local
respondents’ burden on the following factors:

 

Burden hours: EPA relied on survey responses from EPA and DOT field
offices that 

	regularly work with state and local organizations responsible for doing
conformity determinations for transportation plans, TIPs and projects;
and     

Labor rates: EPA used the OPM general schedule salary rates for 2007 for
a GS-13 step 3 annual labor rate of $71,415. EPA then divided the annual
2007 GS-13, step 3 salary rate by 2080 (the number of hours in a work
year) and multiplied this number by the standard government overhead
factor of 1.6.  This calculation results in a state and local respondent
cost of $54.93/burden hour.

Increase in federal universe and labor costs associated with conformity
determinations.

	The DOT ICR did not include EPA burden associated with conformity
determinations in its ICR. It only includes FTA and FHWA in its
estimated hours burden and cost to the federal government.  In contrast,
this ICR includes EPA burden associated with consultation and adequacy
findings.

	DOT also based its average hourly rate on 2005 OPM general schedule
salary rates for a GS 13 step 5 at $35.01/hour to calculate labor costs
associated with Agency burden.  DOT applies an overhead factor of 1.25
although it appears that the overhead factor was applied to all costs,
not just to direct labor costs.

	EPA uses the OPM general schedule salary rates for 2007 for a GS-13
step 3 annual labor rate of $71,415. EPA then divided the annual 2007
GS-13, step 3 salary rate by 2080 (the number of hours in a work year)
and multiplied this number by the standard government overhead factor of
1.6.  This calculation results in a federal cost of $54.93/burden hour. 


Increase in burden associated with project-level conformity
determinations

	The DOT ICR did not include estimated burden associated with
project-level transportation conformity and hot-spot analysis for
metropolitan and isolated rural areas.  EPA included estimated burden
associated with project-level conformity determinations and hot-spot
analysis in both metropolitan and isolated rural areas.

Burden hour increase attributable to this program change: Approximately
12,335 hours

 (iv)	Program Change: 2006 24-hour PM2.5 NAAQS revision

	

	As a result of EPA promulgating the 2006 NAAQS for the 24-hour PM2.5 on
October 17, 2006, the overall burden for transportation conformity for
state and local respondents and federal agency burden will increase.  

Burden hour increase attributable to this Program Change: Approximately
7,551 hours

(v)	Adjustment: Adequacy Burden

	The federal burden and cost associated with determining adequacy for
SIPs with new motor vehicle emissions budgets was not included in ICR
2130.02.  That ICR only quantified the additional costs associated with
doing conformity for the 1997 ozone and PM2.5 NAAQS.

Burden hour increase attributed to this adjustment: Approximately 1,950
hours + additional $20,650 direct cost for publishing Federal Register
notices associated with adequacy findings

(vi)	Adjustments associated with actual number of 1997 8-hour ozone and
PM2.5 nonattainment areas versus the estimated numbers in EPA ICR
2130.02

		In ICR 2130.02, EPA estimated a total of 101 8-hour ozone
nonattainment areas and 57 PM2.5 nonattainment areas. The calculation of
the number of hypothetical brand new nonattainment areas was based on
2000-2002 air quality data.

		EPA’s designations for the 8-hour ozone nonattainment were effective
on June 15, 2004 and conformity under the new 8-hour ozone standard
started applying on June 15, 2005.  EPA’s PM2.5 nonattainment
designations went into effect on April 5, 2005, and conformity under the
new PM2.5 standard began to apply on April 5, 2006.  

		The actual number of nonattainment areas for 8-hour ozone is 112 and
the actual number of nonattainment areas for the new PM2.5 standard is
39, which results in decreased burden from ICR 2130.02.

Burden hour decrease attributed to this adjustment: Approximately 4,514
hours 

6(g)	Burden Statement

	The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 302 hours and 10 hours
per response for metropolitan and isolated rural areas, respectively. 
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 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 valid OMB
control number.  The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.   	

 Appendix A: Clean Air Action Section 176(c)

As Amended by SAFETEA-LU

NOTE:  This document includes Clean Air Act section 176(c) as amended by
SAFETEA-LU.  EPA is providing this document for informational purposes
only as an official version of the revised section is not yet available.

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 7, 2003]

[Document not affected by Public Laws enacted between

  January 7, 2003 and February 12, 2003]

[CITE: 42 U.S.C. 7506]

 

TITLE 42--THE PUBLIC HEALTH AND WELFARE

 

CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL

 

SUBCHAPTER I--PROGRAMS AND ACTIVITIES

 

Part D--Plan Requirements for Nonattainment Areas

 

Subpart 1--nonattainment areas in general

 

Sec. 7506. Limitations on certain Federal assistance

(a), (b) Repealed. Pub. L. 101-549, title I, Sec. 110(4), Nov. 15, 1990,


        104 Stat. 2470

(c) Activities not conforming to approved or promulgated plans

    (1) No department, agency, or instrumentality of the Federal
Government shall engage in, support in any way or provide financial
assistance for, license or permit, or approve, any activity which does
not conform to an implementation plan after it has been approved or
promulgated under section 7410 of this title. 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. The assurance of conformity to such an implementation plan shall
be an affirmative responsibility of the head of such department, agency,
or instrumentality. Conformity to an implementation plan means--

        (A) Conformity to an implementation plan's purpose of
eliminating or reducing the severity and number of violations of the
national ambient air quality standards and achieving expeditious
attainment of such standards; and

        (B) That such activities will not--

            (i) Cause or contribute to any new violation of any standard
in any area;

            (ii) Increase the frequency or severity of any existing
violation of any standard in any area; or

            (iii) Delay timely attainment of any standard or any
required interim emission reductions or other milestones in any area.

The determination of conformity shall be based on the most recent
estimates of emissions, and such estimates shall be determined from the
most recent population, employment, travel and congestion estimates as
determined by the metropolitan planning organization or other agency
authorized to make such estimates.

    (2) Any transportation plan or program developed pursuant to title
23 or chapter 53 of title 49 shall implement the transportation
provisions of any applicable implementation plan approved under this
chapter applicable to all or part of the area covered by such
transportation plan or program. No Federal agency may approve, accept or
fund any transportation plan, program or project unless such plan,
program or project has been found to conform to any applicable
implementation plan in effect under this chapter. In particular--

        (A) no transportation plan or transportation improvement program
may be adopted by a metropolitan planning organization designated under
title 23 or chapter 53 of title 49, or be found to be in conformity by a
metropolitan planning organization until a final determination has been
made that emissions expected from implementation of such plans and
programs are consistent with estimates of emissions from motor vehicles
and necessary emissions reductions contained in the applicable
implementation plan, and that the plan or program will conform to the
requirements of paragraph (1)(B);

        (B) no metropolitan planning organization or other recipient of
funds under title 23 or chapter 53 of title 49 shall adopt or approve a
transportation improvement program of projects until it determines that
such program provides for timely implementation of transportation
control measures consistent with schedules included in the applicable
implementation plan;

        (C) a transportation project may be adopted or approved by a
metropolitan planning organization or any recipient of funds designated
under title 23 or chapter 53 of title 49, or found in conformity by a
metropolitan planning organization or approved, accepted, or funded by
the Department of Transportation only if it meets either the
requirements of subparagraph (D) or the following requirements--

            (i) Such a project comes from a conforming plan and program;

            (ii) The design concept and scope of such project have not
changed significantly since the conformity finding regarding the plan
and program from which the project derived; and

            (iii) The design concept and scope of such project at the
time of the conformity determination for the program was adequate to
determine emissions.

        (D) Any project not referred to in subparagraph (C) shall be
treated as conforming to the applicable implementation plan only if it
is demonstrated that the projected emissions from such project, when
considered together with emissions projected for the conforming
transportation plans and programs within the nonattainment area, do not
cause such plans and programs to exceed the emission reduction
projections and schedules assigned to such plans and programs in the
applicable implementation plan.

(E) The appropriate metropolitan planning organization shall redetermine
conformity of existing transportation plans and programs not later than
2 years after the date on which the Administrator—

(i) finds a motor vehicle emissions budget to be adequate in accordance
with section 93.118(e)(4) of title 40, Code of Federal Regulations (as
in effect on October 1, 2004);

(ii) approves an implementation plan that establishes a motor vehicle
emissions budget if that budget has not yet been determined to be
adequate in accordance with clause (i); or

(iii) Promulgates an implementation plan that establishes or revises a
motor vehicle emissions budget.

    (3) Until such time as the implementation plan revision referred to
in paragraph (4)(C) is approved, conformity of such plans, programs, and
projects will be demonstrated if--

        (A) The transportation plans and programs--

            (i) are consistent with the most recent estimates of mobile
source emissions;

            (ii) Provide for the expeditious implementation of
transportation control measures in the applicable implementation plan;
and

            (iii) With respect to ozone and carbon monoxide
nonattainment areas, contribute to annual emissions reductions
consistent with sections 7511a(b)(1) and 7512a(a)(7) of this title; and

        (B) The transportation projects--

            (i) come from a conforming transportation plan and program
as defined in subparagraph (A) or for 12 months after November 15, 1990,
from a transportation program found to conform within 3 years prior to
November 15, 1990; and

            (ii) in carbon monoxide nonattainment areas, eliminate or
reduce the severity and number of violations of the carbon monoxide
standards in the area substantially affected by the project.

    With regard to subparagraph (B)(ii), such determination may be made
as part of either the conformity determination for the transportation
program or for the individual project taken as a whole during the
environmental review phase of project development.

    (4) Criteria and Procedures for Determining Conformity 

(A) In general—The Administrator shall promulgate, and periodically
update,

criteria and procedures for determining conformity (except in the case
of transportation plans, programs, and projects) of, and for keeping the
Administrator informed about, the activities referred to in paragraph
(1). 

(B) Transportation Plans, Programs, and Projects–The Administrator,
with the concurrence of the Secretary of Transportation, shall
promulgate, and periodically update, criteria and procedures for
demonstrating and assuring conformity in the case of transportation
plans, programs, and projects. 

(C ) Civil Action to Compel Promulgation—A civil action may be brought
against the Administrator and the Secretary of Transportation under
section 7604 of this title to compel promulgation of such criteria and
procedures and the Federal district court shall have jurisdiction to
order such promulgation.

(D) The procedures and criteria shall, at a minimum--

             (i) Address the consultation procedures to be undertaken by
metropolitan planning organizations and the Secretary of Transportation
with State and local air quality agencies and State departments of
transportation before such organizations and the Secretary make
conformity determinations;

             (ii) address the appropriate frequency for making
conformity determinations, but ; the frequency for making conformity
determinations on updated transportation plans and programs shall be
every 4 years, except in a case in which—

	(I) the metropolitan planning organization elects to update a
transportation plan or program more frequently; or

	(II) The metropolitan planning organization is required to determine
conformity in accordance with paragraph (2)(E); and

             (iii) Address how conformity determinations will be made
with respect to maintenance plans.

 	(E). INCLUSION OF CRITERIA AND PROCEDURES IN SIP.—Not later than 2
years after the date of enactment of the SAFETEA–LU the procedures
under subparagraph (A) shall include a requirement that each State
include in the State implementation plan criteria and procedures for
consultation required by subparagraph (D)(i), and enforcement and
enforceability (pursuant to sections 93.125(c) and 93.122(a)(4)(ii) of
title 40, Code of Federal Regulations) in accordance with the
Administrator’s criteria and procedures for consultation, enforcement
and enforceability.’’.

(F) Compliance with the rules of the Administrator for determining the
conformity of transportation plans, programs, and projects funded or
approved under title 23 or chapter 53 of title 49 to State or Federal
implementation plans shall not be required for traffic signal
synchronization projects prior to the funding, approval or
implementation of such projects. The supporting regional emissions
analysis for any conformity determination made with respect to a
transportation plan, program, or project shall consider the effect on
emissions of any such project funded, approved, or implemented prior to
the conformity determination.

    (5) Applicability.--This subsection shall apply only with respect
to—

	(A) A nonattainment area and each pollutant for which the area is
designated as a nonattainment area; and

	(B) An area that was designated as a nonattainment area but that was
later redesignated by the Administrator as an attainment area and that
is required to develop a maintenance plan under section 7505a of this
title with respect to the specific pollutant for which the area was
designated nonattainment.

    (6) Notwithstanding paragraph 5,\1\ this subsection shall not apply
with respect to an area designated nonattainment under section
7407(d)(1) of this title until 1 year after that area is first
designated nonattainment for a specific national ambient air quality
standard. This paragraph only applies with respect to the national
ambient air quality standard for which an area is newly designated
nonattainment and does not affect the area's requirements with respect
to all other national ambient air quality standards for which the area
is designated nonattainment or has been redesignated from nonattainment
to attainment with a maintenance plan pursuant to section 7505a \2\ of
this title (including any pre-existing national ambient air quality
standard for a pollutant for which a new or revised standard has been
issued).



    (7) CONFORMITY HORIZON FOR TRANSPORTATION PLANS.—

     (A) IN GENERAL.—Each conformity determination required under this
section for a transportation plan under section 134(i) of title 23,
United States Code, or section 5303(i) of title 49, United States Code,
shall require a demonstration of conformity for the period ending on
either the final year of the transportation plan, or at the election of
the metropolitan planning organization, after consultation with the air
pollution control agency and solicitation of public comments and
consideration of such comments, the longest of the following periods:

(i) The first 10-year period of any such transportation plan.

(ii) The latest year in the implementation plan applicable to the area
that contains a motor vehicle emission budget.

(iii) The year after the completion date of a regionally significant
project if the project is included in the transportation improvement
program or the project requires approval before the subsequent
conformity determination.

(B) REGIONAL EMISSIONS ANALYSIS.—The conformity determination shall be
accompanied by a regional emissions analysis for the last year of the
transportation plan and for any year shown to exceed emission budgets by
a prior analysis, if such year extends beyond the applicable period as
determined under subparagraph (A).

(C) EXCEPTION.—In any case in which an area has a revision to an
implementation plan under section 175A(b) and the Administrator has
found the motor vehicles emissions budgets from that revision to be
adequate in accordance with section 93.118(e)(4) of title 40, Code of
Federal Regulations (as in effect on October 1, 2004), or has approved
the revision, the demonstration of conformity at the election of the
metropolitan planning organization, after consultation with the air
pollution control agency and solicitation of public comments and
consideration of such comments, shall be required to extend only through
the last year of the implementation plan required under section 175A(b).

(D) EFFECT OF ELECTION.—Any election by a metropolitan planning
organization under this paragraph shall continue in effect until the
metropolitan planning organization elects otherwise.

(E) AIR POLLUTION CONTROL AGENCY DEFINED.—In this paragraph, the term
‘air pollution control agency’ means an air pollution control agency
(as defined in section 302(b)) that is responsible for developing plans
or controlling air pollution within the area covered by a transportation
plan.

    (8) SUBSTITUTION OF TRANSPORTATION CONTROL MEASURES.—

(A) IN GENERAL.—Transportation control measures that are specified in
an implementation plan may be replaced or added to the implementation
plan with alternate or additional transportation control measures

(i) if the substitute measures achieve equivalent or greater emissions
reductions than the control measure to be replaced, as demonstrated with
an emissions impact analysis that is consistent with the current
methodology used for evaluating the replaced control measure in the
implementation plan;

(ii) If the substitute control measures are implemented—

(I) in accordance with a schedule that is consistent with the schedule
provided for control measures in the implementation plan; or 

(II) if the implementation plan date for implementation of the control
measure to be replaced has passed, as soon as practicable after the
implementation plan date but not later than the date on which emission
reductions are necessary to achieve the purpose of the implementation
plan;

(iii) If the substitute and additional control measures are accompanied
with evidence of adequate personnel and funding and authority under
State or local law to implement, monitor, and enforce the control
measures;

(iv) If the substitute and additional control measures were developed
through a collaborative process that included—

(I) participation by representatives of all affected jurisdictions
(including local air pollution control agencies, the State air pollution
control agency, and State and local transportation agencies);

(II) Consultation with the Administrator; and

(III) Reasonable public notice and opportunity for comment; and

(v) If the metropolitan planning organization, State air pollution
control agency, and the Administrator concur with the equivalency of the
substitute or additional control measures.

(B) ADOPTION.—

(i) Concurrence by the metropolitan planning organization, State air
pollution control agency and the Administrator as required by
subparagraph (A)(v) shall constitute adoption of the substitute or
additional control measures so long as the requirements of subparagraphs
(A)(i), (A)(ii), (A)(iii) and (A)(iv) are met.

(ii) Once adopted, the substitute or additional control measures become,
by operation of law, part of the State implementation plan and become
federally enforceable.

(iii) Within 90 days of its concurrence under subparagraph (A)(v), the
State air pollution control agency shall submit the substitute or
additional control measure to the Administrator for incorporation in the
codification of the applicable implementation plan. Notwithstanding any
other provision of this Act, no additional State process shall be
necessary to support such revision to the applicable plan.

(C) NO REQUIREMENT FOR EXPRESS PERMISSION.—The substitution or
addition of a transportation control measure in accordance with this
paragraph and the funding or approval of such a control measure shall
not be contingent on the existence of any provision in the applicable
implementation plan that expressly permits such a substitution or
addition.

(D) NO REQUIREMENT FOR NEW CONFORMITY DETERMINATION.— The substitution
or addition of a transportation control measure in accordance with this
paragraph shall not require—

(i) a new conformity determination for the transportation plan; or

(ii) a revision of the implementation plan.

(E) CONTINUATION OF CONTROL MEASURE BEING REPLACED.—A control measure
that is being replaced by a substitute control measure under this
paragraph shall remain in effect until the substitute control measure is
adopted by the State pursuant to subparagraph (B).

(F) EFFECT OF ADOPTION.—Adoption of a substitute control measure shall
constitute rescission of the previously applicable control measure.

    (9) LAPSE OF CONFORMITY.—If a conformity determination required
under this subsection for a transportation plan under section 134(i) of
title 23, United States Code, or section 5303(i) of title 49, United
States Code, or a transportation improvement program under section
134(j) of such title 23 or under section 5303(j) of such title 49 is not
made by the applicable deadline and such failure is not corrected by
additional measures to either reduce motor vehicle emissions sufficient
to demonstrate

compliance with the requirements of this subsection within 12 months
after such deadline or other measures sufficient to correct such
failures, the transportation plan shall lapse.

    (10) LAPSE.—In this subsection, the term ‘lapse’ means that
the conformity determination for a transportation plan or transportation
improvement program has expired, and thus there is no currently
conforming transportation plan or transportation improvement
program.’’.

				

Appendix B: Conformity-Related Research 

Considered for This ICR

The following is the conformity research studies that were considered
for this ICR.  EPA has cited in the ICR when these studies were utilized
as appropriate. 

April 2003, “Transportation/Air Quality Issues in Rural Areas,” FHWA
and Dye Management Group.

October 2003, “Rural Conformity: A Survey of Practice,” NCHRP and
ICF Consulting.

	Projects that are exempt from all or certain conformity requirements
include projects listed in 40 CFR 93.126 (e.g., safety projects,
maintenance of current roads), projects that do not impact regional
emissions in 40 CFR 93.127, and traffic signal synchronization projects
listed in 40 CFR 93.128. 

 Per the transportation conformity rule, submitted SIP budgets are
appropriate to use prior to EPA’s approval of the SIP when EPA
declares them adequate for transportation conformity purposes (40 CFR
93.118(e) and (f)).

 EPA, in consultation with DOT, concluded that it would be advantageous
to join transportation conformity burden estimates for all pollutants
into one ICR.  EPA notes that the DOT ICR for Metropolitan and
State-wide Planning estimated only the reduction in cost for
transportation conformity requirements due to efficiencies resulting
from SAFETEA-LU.  DOT did not include total burden estimates for
transportation conformity in its ICR.  Based upon DOT ICR cost
estimates, EPA has determined that DOT total annual state and local
respondent transportation conformity cost associated with their ICR is
approximately $15,089,550.  

 The effective date for the 2006 24-hour PM2.5 standard was December 18,
2006.  EPA anticipates making nonattainment designations for the
standard no later than December 18, 2008, with a possible extension up
to one year (but no later than three years after the effective date of
the standard).

 MPO means the policy board of an organization created and designated to
carry out the metropolitan transportation planning process.

 In 2005, SAFETEA-LU was enacted which amended Title 23 of United States
Code and Federal Transit Laws.  In this ICR, EPA has accounted for
changes that generally made the conformity process more efficient.      

 EPA promulgated a more stringent 24-hour PM2.5 NAAQS on October 17,
2006 (71 FR 61144), as described later in this ICR.

 Areas may be nonattainment/maintenance for more than one pollutant;
therefore, there is some overlap in the number of areas which are
nonattainment/maintenance for a pollutant and also
nonattainment/maintenance for another pollutant.	

  The 1-hour ozone standard, as well as designations and classifications
for all 1-hour ozone nonattainment and maintenance areas, have been
revoked except for the Greensboro, NC, Nashville, TN, and Denver, CO
1-hour maintenance areas which are participating in the 8-hour ozone
Early Action Compact program.  These three areas are required to
continue to determine conformity for the 1-hour ozone standard.  They
will remain 1-hour ozone maintenance areas until one year after the
effective date of their 8-hour ozone designations.

  The PM2.5 areas referred to in this table were designated
nonattainment for the 1997 PM2.5 air quality standards on January 5,
2005.  

 The number of MPOs estimated in the following tables is based upon
information collected from EPA Regional Offices, Federal Register Vol.
67, No. 84, May 1, 2002 Department of Commerce, Bureau of the Census,
Qualifying Urban Areas for Census 2000 and Federal Register Vol. 67, No.
130, July 8, 2002, Department of Transportation, Federal Transit
Administration/Federal Highway Administration Designation of
Transportation Management Areas.  

Per the conformity rule (§93.123(b)(1)), projects of local air quality
concern include: (i) New or expanded highway projects that have a
significant number of or significant increase in diesel vehicles; (ii)
Projects affecting intersections that are at Level-of-Service D, E, or F
because of increased traffic volumes from a significant number of diesel
vehicles related to the project; (iii) New bus and rail terminals and
transfer points that have a significant number of diesel vehicles
congregating at a single location; (iv) Expanded bus and rail terminals
and transfer points that significantly increase the number of diesel
vehicles congregating at a single location; and, (v) Projects in or
affecting locations, areas, or categories of sites which are identified
in the PM10 or PM2.5 applicable SIP or SIP submission as appropriate, as
sites of violation or possible violation.

 EPA and FHWA have provided guidance for those areas required to do
qualitative hot-spot analyses for PM2.5 and PM10 nonattainment and
maintenance areas:  “Transportation Conformity Guidance for
Qualitative Hot-spot Analyses in PM2.5 and PM10 Nonattainment and
Maintenance Areas”,  EPA420-B-06-922

		EPA estimates that seven state and local agencies participate in one
consultation meeting on each transportation project.

	Isolated rural areas are not required by federal law to develop
metropolitan transportation plans or TIPs.

	EPA estimates that four state and local agencies would participate in
one consultation meeting on each transportation project.

 In the July 2004 supporting statement, we estimated 140 or 160 hours of
start-up time (depending on number of pollutants for which the area was
nonattainment) to account for training staff people in regulations which
at that point were new.

	 For more information on CBSAs, see the U.S. Census Bureau website at: 
 HYPERLINK
"http://www.census.gov/population/www/estimates/aboutmetro.html." 
http://www.census.gov/population/www/estimates/aboutmetro.html.   

 State and local agency representatives from many new nonattainment
areas may attend conformity training courses such as the National
Transit Institutes’ conformity training course entitled,
“Introduction to Transportation/Air Quality Conformity.”  This
three-day course offers an in-depth overview of the criteria and
procedures for implementing conformity and is designed for federal,
state, and local agencies involved in the conformity process.  

	Isolated rural areas are not required by federal law to develop
metropolitan transportation plans or TIPs.

	EPA estimates that four state and local agencies would participate in
one consultation meeting on each transportation project.

	 January 2007 U.S. Office of Personal Management, Salary Table 2007-GS,
2007 General Schedule, http://www.opm.gov/oca/07tables/indexGS.asp

	 January 2007 U.S. Office of Personal Management, Salary Table 2007-GS,
2007 General Schedule ,http://www.opm.gov/oca/07tables/indexGS.asp, .

 EPA’s survey of federal field offices found that FTA spent minimal
time on conformity-related work

 EPA’s survey of federal field offices found that FTA spent minimal
time on conformity-related work.

	 EPA will find a budget adequate if the following minimum criteria is
met: (i)The submitted SIP is endorsed by the Governor or his/her
designee and has been subject to a state public hearing; (ii)
Interagency consultation took place and any EPA stated concerns have
been addressed; (iii) The budget is clearly identified and precisely
quantified; (iv) The budget, when considered with all other emissions
sources, is consistent with applicable SIP requirements; (v) The budget
is consistent with and is clearly related to the emissions inventory and
submitted SIP control measures; and, (vi) Revisions to a previously
submitted SIP explain and document any changes to the previous budget
and control measures, impacts on point and source emissions, and any
changes to established safety margins and reasons for those changes

	 January 2007 U.S. Office of Personal Management, Salary Table 2007-GS,
2007 General Schedule, http://www.opm.gov/oca/07tables/indexGS.asp, .

 EPA’s survey of federal field offices found that FTA spent minimal
time on conformity-related work

 To obtain bottom-line costs associated with conformity determinations
(Table 48), EPA multiplied the bottom-line burden hours in Table 47 by
estimated hourly labor costs of $54.93 and then added $20,650 in Federal
Register notice publication costs from Table 37 to reach the bottom line
annual cost of $3,876,133.

   HYPERLINK
"http://www.fhwa.dot.gov/environment/conformity/nonattain/8hrozonepages/
index.htm" 
http://www.fhwa.dot.gov/environment/conformity/nonattain/8hrozonepages/i
ndex.htm ;   HYPERLINK
"http://www.fhwa.dot.gov/environment/conformity/nonattain/pm25pages/inde
x.htm" 
http://www.fhwa.dot.gov/environment/conformity/nonattain/pm25pages/index
.htm  

