
                                       
                                       
                           SUPPORTING STATEMENT FOR
                                       
                                       
               EPA INFORMATION COLLECTION REQUEST NUMBER 2130.06
                                       
                                       
TRANSPORTATION CONFORMITY DETERMINATIONS FOR FEDERALLY FUNDED AND APPROVED TRANSPORTATION PLANS, PROGRAMS AND PROJECTS (RENEWAL)
                                       
                                       
                                       
                                 November 2018
                                       

                               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	7
3(d)	Effects of Less Frequent Collection	7
3(e)	General Guidelines	8
3(f)	Confidentiality	9
3(g)	Sensitive Questions	9
4. 	THE RESPONDENTS AND THE INFORMATION REQUESTED	10
4(a)	State and Local Respondents/North American Industry Classification System	10
4(b)	Information Requested	11
5.	 THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT	14
5(a)	Agency Activities	14
5(b)	Collection Methodology and Management	15
5(c)	Small Entity Flexibility	15
5(d)	Collection Schedule	15
6. 	ESTIMATING THE BURDEN AND COST OF THE COLLECTION	16
6(a)	Estimating State and Local Respondent Burden and Cost	16
6(b)	Estimating State and Local Respondent Costs	29
6(c)	Estimating Agency Burden and Costs	30
6(d)	Estimating the Respondent Universe and Total Burden and Costs	38
6(e)	Bottom Line Burden Hours and Cost Tables	38
6(f)	Reasons for Change in Burden	41
6(g)	Burden Statement	41
Appendix A: Conformity-Related Research Considered for This ICR	42
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 2130.06.  This ICR includes transportation conformity burden anticipated for calendar years 2019-2021.   
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") or interim milestones. 

	Transportation conformity applies under EPA's conformity regulations at 40 CFR Part 93, Subpart A, to areas that are designated nonattainment, and those 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 NAAQS, 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 are met in the interim.
      
EPA considered the following in developing this ICR:

 Burden estimates for transportation conformity determinations (including both regional and project-level) in current nonattainment and maintenance areas for the ozone, PM2.5, PM10, and CO NAAQS;
      
 Federal burden associated with EPA's adequacy review process for submitted SIP budgets that are to be used in conformity determinations;  

 Efficiencies in areas making conformity determinations for multiple NAAQS;

 Differences in conformity resource needs in large and small metropolitan areas and isolated rural areas;
 
 Reduced burden as a result of areas no longer determining conformity for the 1997 PM2.5 NAAQS due to revocation. 

 Reduced burden as a result of areas completing 20 years of maintenance for PM10, NO2 and CO NAAQS, at which time transportation conformity is no longer required; and, 

 Increased burden due to areas being designated as nonattainment for the 2015 ozone NAAQS.

      On February 16, 2018, the D.C. Circuit Court issued a decision in South Coast Air Quality Management District v. EPA (South Coast II), in which parties challenged different aspects of EPA's SIP Requirements Rule for the 2008 Ozone NAAQS, including the revocation of the 1997 ozone NAAQS and its associated anti-backsliding requirements.  The Court decision referred to the 1997 ozone NAAQS nonattainment or maintenance areas that were designated attainment for the 2008 ozone NAAQS (77 FR 30160, May 21, 2012) as "orphan" areas.  Under the decision, these areas are no longer exempt from transportation conformity requirements.  At this time, EPA is still evaluating the implications of the decision before issuing guidance.  EPA will update the next version of this supporting statement as appropriate.   
      This ICR does not include burden associated with the general development of transportation planning and air quality planning documents for meeting other federal requirements.  There are other ICRs that capture associated burdens for these non-conformity planning requirements and are prepared by other organizations within EPA and DOT.  
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 to SIPs for attaining and maintaining clean air. Specifically, transportation agencies use information they collect to demonstrate that:
      
 Regional emissions and/or project-level 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 subsequent revisions, in coordination with FHWA and FTA, to avoid duplicating the collection efforts required by other regulatory programs.  The conformity regulation works with 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 air quality analyses (or "hot-spot" analyses) are generated for certain project-level conformity determinations for certain criteria pollutants.  When project-level analyses are required for both conformity approvals and NEPA, project sponsors may rely on the same analysis, assuming that it meets all necessary air quality 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 relied upon the previous ICR 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 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's Office of Transportation and Air Quality (OTAQ) consulted with FHWA and FTA headquarters and requested information from EPA Regional Offices. 

	Finally, EPA relied upon existing research completed on the transportation conformity process that indicated the number of hours associated with making conformity determinations in isolated rural areas.  See Appendix A  -  Conformity Related Research Considered for this ICR.

3(d)	Effects of Less Frequent Collection
      
	The Clean Air Act requires conformity for transportation plans and TIPs to be determined every four years in metropolitan nonattainment and maintenance areas.  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.  The Clean Air Act 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.  The Clean Air Act also requires conformity for transportation plans and TIPs within two years of a new SIP motor vehicle emission budget being established.

	Conformity determinations are required in isolated rural nonattainment and maintenance 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 two-year SIP- related conformity requirements do not apply in these areas.  Therefore, these areas are not required to demonstrate conformity on a regular basis as in 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.

	Information collection occurs less frequently in isolated rural nonattainment and maintenance areas compared to metropolitan areas, as these areas do not have as many large transportation projects as metropolitan areas.  However, because of the statutory language, the periodic collection of information for metropolitan nonattainment and maintenance areas cannot be reduced, as these minimum periodic reporting requirements were established to achieve and maintain clean air. 

	Information collection would cease in areas that reach the end of their 20-year maintenance period.  Once an area has attained the NAAQS for a criteria pollutant, the state may submit a request to the EPA for the redesignation of the nonattainment area for that pollutant under Clean Air Act section 175A(a).  

	In general, actions on metropolitan transportation plans, TIPs, and FHWA/FTA projects taken on or after the date that is 20 years after the effective date of redesignation will not require a conformity determination for the applicable pollutant.

	Finally, reduced information collection will also occur through EPA's final rule that addresses revocation for the 1997 PM2.5 NAAQS as part of the Implementation Rule for the PM2.5 NAAQS.  The rule is effective on October 24, 2016.  Transportation conformity for the 1997 PM2.5 NAAQS will stop applying on the effective date in areas that have always been designated as attainment and in maintenance for that NAAQS.  EPA will continue to redesignate areas to attainment and the PM2.5 NAAQS will be revoked in those areas on the effective date of their redesignation.
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/North American Industry Classification System  

	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 a 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 North American Industry Classification System (NAICS) codes for the government agencies that would be affected by the transportation conformity regulation:    
      
485111 	Mixed Mode Transit System
485210	Interurban and Rural Bus Transportation
488490	Other Support Activities for Road Transportation
924110	Administration of Air and Water Resources and Solid Waste Management Programs
925120	Administration of Urban Planning and Community and Rural Development
926120	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 nonattainment and maintenance 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; 
 
 Circulate draft plan/TIP conformity determinations for interagency review and public comment and respond to any comments on plan/TIP conformity determinations; and,

 Provide travel activity or other data for hot-spot analyses.
 
 State Departments of Transportation
 
	State departments of transportation are typically the lead agency in developing conformity determinations for projects in isolated rural nonattainment and maintenance areas.  They can also be the lead agency for project-level conformity determinations in metropolitan areas. The following list includes state department of transportation activities for conformity determinations:
 
 Assist the MPOs or conduct the regional emissions analyses for the MPO, using the latest assumptions and models to determine whether the emissions from the proposed transportation system change is consistent with state air quality goals;
       
 Conduct regional emissions analyses on projects in isolated rural areas and donut 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 transportation 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 transportation 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 the travel, emissions, or air quality modeling performed to support a conformity determination and comments submitted by the EPA Regional Office; and, 

     Issuing a letter to the appropriate MPO, state department of transportation, or other project sponsor indicating that they have made a conformity determination.
 
	FHWA and FTA field offices 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.  FHWA Resource Centers and FHWA/FTA Headquarters provide technical assistance as needed.
            
 EPA Activities
 
 	The EPA Headquarters and Regional Offices are involved in several aspects of the transportation conformity process:

       Participating in the interagency consultation process in nonattainment and maintenance areas;  
      
       Reviewing and commenting on conformity determinations for transportation plans, TIPs and projects, including the travel, emissions, or air quality modeling performed to support a conformity determination; 
      
       Making 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; and,
      
       Providing technical assistance as needed.
5(b)	Collection Methodology and Management
 
 	Federal agencies review conformity determinations in accordance with the Clean Air Act section 176(c) and 40 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
 	
 	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 non-exempt 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 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, as previously described in Section 4, The Respondents and the Information Requested. 

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 nonattainment and maintenance areas that are subject to transportation conformity regulations.  For these areas, EPA has estimated potential burden for the following:
 
 Transportation plan and TIP conformity determinations for nonattainment and maintenance areas for CO, PM10, PM2.5 and ozone NAAQS; and,
    
 Project-level conformity determinations for nonattainment and maintenance areas, including burden associated with quantitative PM hot-spot analyses.
      
	This ICR covers only the time period of 2019 to 2021, and EPA has attributed the amount of burden to the above categories during that time period.  Further specifics are addressed as each are discussed below.  Please refer to Section 6(b) for additional assumptions used in estimating respondent cost.
   
   
 State and Local Respondent Burden and Costs for Nonattainment and Maintenance Areas 

Background on Nonattainment and Maintenance Areas

	As stated earlier, this ICR includes the burden associated with implementing conformity requirements with respect to nonattainment and maintenance areas for transportation-related criteria pollutants:  ozone, CO, PM10, and PM2.5. The following tables illustrates the total number of relevant areas for transportation-related NAAQS (Table 1A) and the areas that are currently subject to transportation conformity requirements during the time period addressed by this ICR (Table 1B), using data from EPA's Green Book for the number of nonattainment and maintenance areas.
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                   Table 1A:
      Nonattainment and Maintenance Areas for Transportation-Related NAAQS
                                       
                                Pollutant/NAAQS
            Number of Metropolitan Nonattainment/Maintenance Areas
           Number of Isolated Rural Nonattainment/Maintenance Areas
                                  2015 ozone
                                      45
                                       7
                                  2012 PM2.5
                                      12
                                      2 
                                  2008 ozone
                                      39
                                       7
                                      CO
                                      50
                                       2
                                     PM10
                                      48
                                      36
                                  1997 PM2.5
                                      38
                                       1
                                  2006 PM2.5
                                      29
                                       3
                                   1971 NO2
                                       1
                                       0
                             Total number of areas
                                      262
                                      58
	
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                   Table 1B:
Nonattainment/Maintenance Areas Subject to Transportation Conformity Requirements for this ICR
                                       
                                Pollutant/NAAQS
            Number of Metropolitan Nonattainment/Maintenance Areas
           Number of Isolated Rural Nonattainment/Maintenance Areas
                                  2015 ozone
                                      45
                                       7
                                  2012 PM2.5
                                       7
                                      2 
                                  2008 ozone
                                      39
                                       7
                                      CO
                                      43
                                       2
                                     PM10
                                      45
                                      24
                                  1997 PM2.5
                                      13
                                       0
                                  2006 PM2.5
                                      29
                                       3
                             Total number of areas
                                      221
                                      45
	
	The number of nonattainment and maintenance areas in Table 1B are less than the number of areas in Table 1A because Table 1B reflects only the areas determining conformity during the time period of this ICR.  The remaining areas are no longer doing transportation conformity due to either revocation or completing 20 years of maintenance (40 CFR 93.102(b)(4)).

	This ICR reflects the burden associated with determining conformity for all of these pollutants/NAAQS; however, EPA's estimates reflect efficiencies realized when metropolitan areas are nonattainment or maintenance for two or more pollutants/NAAQS 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 also has identified the number of nonattainment and maintenance areas with multiple MPOs that are subject to transportation conformity for one or more pollutants/NAAQS, since many metropolitan nonattainment and maintenance areas have more than one MPO (and consequently, more than one transportation plan or TIP conformity determination).  The number of MPOs estimated in the following tables is based upon information collected from EPA Regional Offices, EPA's Green Book, and from other sources.

	Finally, EPA assumes that the conformity resource 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 depending 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 the conformity burden in nonattainment and maintenance areas.   For donut areas, the burden is assumed to be included in the MPO burden estimates. 
 
Transportation Plan and TIP Conformity Determinations in 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:  
 
 As described in Section 3(c), EPA requested burden information from EPA Regions and DOT that regularly work with state and local organizations responsible for making conformity determinations for transportation plans and TIPs;  
   
 EPA has reviewed the conformity burden hour estimates for previous ICRs for the transportation conformity program and the burden hours assumed in DOT's ICR for the transportation planning regulations; and,
 
 EPA reviewed existing conformity research studies for conformity burden in current rural nonattainment and maintenance areas.  These research studies are listed in Appendix A of this ICR.

 	The following paragraphs describe estimated state and local burden hours for conformity determinations in experienced metropolitan nonattainment and maintenance 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 again notes that transportation plan and TIP burden hour estimates are based on demonstrating conformity for 4-year transportation plan and TIP updates as required by statute and regulation, rather than more frequent plan and TIP revisions or amendments which are not required by the Act.  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/NAAQS, 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 2130.05 for incremental burden hours associated with performing transportation plan and TIP conformity determinations for each additional pollutant/NAAQS, which were based on federal 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, projects, or motor vehicle emissions budgets, since these documents are developed to meet other requirements.  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 metropolitan nonattainment and maintenance areas that are designated for one or more pollutants/NAAQS.  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.       
 
 	While transportation plan and TIP updates are now able to be done with the same frequency (at least every 4 years), EPA estimates that it is only those MPOs serving smaller populations (50,000-200,000 populations) that 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 choose not to align transportation plan and TIP update conformity determinations as regularly, since these areas are expected to have more complex transportation planning considerations.  

 	Therefore, for purposes of this analysis, 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 
                                   Activities
                               Total Burden Hours
                              One Pollutant/NAAQS
                                       55
                                      280
                                       45
                                      380
                              Two Pollutants/NAAQS
                                       72
                                      375
                                       60
                                      507
                         Three or More Pollutants/NAAQS
                                       88
                                      465
                                       75
                                      628
 	
 	
                     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 
                                        
                                  No. of MPOs
                                        
                              Frequency of Action
                           Total Annual Burden Hours
                                 Cost Per Hour
                               Total Annual Cost
                              One Pollutant/NAAQS
                                      380
                                       24
                                    4 years
                                      2280
                                     $63.59
                                    $144,985
                              Two Pollutants/NAAQS
                                      507
                                       22
                                    4 years
                                     2,788
                                     $63.59
                                    $177,289
                         Three or More Pollutants/NAAQS
                                      628
                                       31
                                    3 years
                                      6489
                                     $63.59
                                    $412,635
Total for All Transportation Plan Actions: 11,557 hours/year x $63.59/hour = $734,909/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 Activities
                               Total Burden Hours
                              One Pollutant/NAAQS
                                       44
                                      280
                                       45
                                      369
                              Two Pollutants/NAAQS
                                       55
                                      375
                                       60
                                      490
                         Three or More Pollutants/NAAQS
                                       66
                                      465
                                       75
                                      606
                                        
                                        
                     Table 5: State and Local Annual Cost
                         TIP Conformity Determinations 
                    by MPO  -  Population of 200,000 or More
                                        
                                        
                                      MPO
                          Demonstrating Conformity For
                                  Burden Hours
                                        
                                  No. of MPOs
                                        
                              Frequency of Action
                           Total Annual Burden Hours
                                 Cost Per Hour
                               Total Annual Cost
                              One Pollutant/NAAQS
                                      369
                                       24
                                    4 years
                                      2214
                                     $63.59
                                        
                                    $140,788
                              Two Pollutants/NAAQS
                                      490
                                       22
                                    4 years
                                     2,695
                                     $63.59
                                    $171,375
                         Three or More Pollutants/NAAQS
                                      606
                                       31
                                    4 years
                                      4696
                                     $63.59
                                    $298,650
      Total for All TIP Actions: 9605 hours/year x $63.59/hour = $610,814year  
 
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                     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 Activities
                               Total Burden Hours
                              One Pollutant/NAAQS
                                      50
                                      120
                                      30
                                      200
                             Two Pollutants/NAAQS
                                      61
                                      160
                                      40
                                      261
                        Three or More Pollutants/NAAQS
                                      77
                                      200
                                      50
                                      327
                                        
                                        
                                        
                      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 
                                        
                                  No. of MPOs
                                        
                              Frequency of Action
                           Total Annual Burden Hours
                                 Cost Per Hour
                               Total Annual Cost
                              One Pollutant/NAAQS
                                      200
                                       19
                                    4 years
                                      950
                                    $63.59
                                    $60,410
                              Two Pollutants/NAAQS
                                      261
                                       8
                                    4 years
                                      522
                                    $63.59
                                    $33,194
                         Three or More Pollutants/NAAQS
                                      327
                                       5
                                    3 years
                                      545
                                    $63.59
                                    $34,656
Total for All Transportation Plan and TIP Actions: 2017 hours/year x $63.59/hour = $128,261/year  
                                                                               
                                                                               
 Project-Level Conformity Determinations in Metropolitan Nonattainment and Maintenance Areas
       
 	Tables 10 and 11 estimate the burden and cost associated with making conformity determinations for projects in 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.  EPA headquarters estimated the time necessary to conduct the hot-spot analyses based on the guidance documents for these analyses and professional experience. State and local burden hours for consultation and conducting the hot-spot analyses in Table 10 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.
 
 	Transportation conformity determinations for projects in metropolitan ozone nonattainment and maintenance areas are fairly straightforward, because projects only need to come from a conforming transportation plan and TIP to meet all 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 (depending on the type of project).  In PM2.5 and PM10 areas, project-level conformity determinations must include a hot-spot analysis if the project is of local air quality concern.  
 
 With the release of MOVES (and EMFAC in California) in December of 2010 and the end of the subsequent conformity grace period, all required PM hot-spot analysis must now be quantitative. EPA has also issued policy guidance on the use of these models.  The use of the MOVES model is required for PM hot-spot analyses and other purposes. 

 	The total burden estimates for project-level conformity determinations represent 50% of total state and local burden for a PM or CO hot-spot analysis.  We are assuming that the analysis would also be used for satisfying NEPA requirements, so only half of the burden would be included in the conformity ICR.  These numbers include scoping the project analysis, emissions modeling, air quality modeling, determining background concentrations, calculating design values, quality assurance, and preparing the final documentation.   
 
 	The state and local burden hours for completing both qualitative CO and quantitative PM and CO hot-spot analyses are shown in Table 10.   EPA calculated the average number of annual actions based on past experience and input given by the EPA Regional Offices and DOT Offices that are responsible for working with state and local respondents in making project-level conformity determinations.  EPA is assuming that some data for hot-spot analyses will already be available because it is necessary for project development (e.g., traffic data).  
 
 	Consultation with other state and local agencies is an important activity for these analyses and EPA estimates that on average seven state and local agencies participate in one consultation meeting on each transportation project.  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. 
 
 
                     Table 10: State and Local Burden Hours
                  Each Project-level Conformity Determination
                Metropolitan Nonattainment and Maintenance Areas
 
                                   Pollutant
                           Type of Hot-spot Analysis
                                  Consultation
                               Hot-spot Analysis
                                Other Activities
                                     Total
                                  Burden Hours
                            Ozone,  PM2.5 and PM10 
                                      None
                                      0.5
                                      N/A
                                      0.5
                                       1
                                 PM2.5 or PM10
                                  Quantitative
                                       18
                                       71
                                       3
                                       92
                                       CO
                                  Quantitative
                                       6
                                       14
                                       2
                                       22
                                       CO
                                  Qualitative
                                       3
                                       2
                                       1
                                       6
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                     Table 11: State and Local Annual Cost
                    Project-level Conformity Determinations
                Metropolitan Nonattainment and Maintenance Areas
                                                                               
                                        
                          Metropolitan Area/Pollutant
                            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  -  ozone, , PM2.5 and PM10
                                 Pop. 200,000+
                                       1
                                      65
                                      77
                                     5005
                                    $63.59
                                   $318,268
                                        
                              Pop. 50,000-200,000
                                       1
                                      15
                                      32
                                      448
                                    $63.59
                                    $28,488
                                    PM2.5  
                               Hot-spot Analyses
                                        
                                      92
                                      0.1
                                      49
                                      451
                                    $63.59
                                    $28,679
                                     PM10 
                               Hot-spot Analyses
                                        
                                      92
                                      0.1
                                      45
                                      414
                                    $63.59
                                    $26,326
                                CO Quantitative 
                               Hot-spot Analyses
                                        
                                      22
                                       5
                                      43
                                     4730
                                    $63.59
                                   $300,781
                                CO Qualitative 
                               Hot-Spot Analyses
                                        
                                       6
                                      0.5
                                      43
                                      129
                                    $63.59
                                    $8,203
   Total for All Project-level Actions: 11,177/year x $63.59hour= $710,745/year
 
 
 Project-Level Conformity Determinations in Isolated Rural Nonattainment and Maintenance Areas
 
 	Tables 14 through 16 includes the state and local government burden estimated with performing regional emissions analysis and project-level conformity determinations in ozone, CO, PM2.5 and PM10 isolated rural areas.
 
 	EPA considered several factors in developing these estimates.  EPA assumed that state departments of transportation will continue to be the lead agency in preparing project-level 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 previous ICR (2130.05) supporting statement that isolated rural areas that are nonattainment or maintenance for more than one pollutant/NAAQS 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 other activities in these areas, as in previous ICRs. 
 
 	
                    Table 14: State and Local Burden Hours 
                  Each Project-level Conformity Determination
                          Regional Emissions Analysis
            For Isolated Rural Areas  -  Population Less Than 50,000
                                        
                          Demonstrating Conformity For
                                        
                                  Consultation
                          Regional Emissions Analysis
                             Other Misc. Activities
                               Total Burden Hours
                              One Pollutant/NAAQS
                                      28
                                      65
                                      15
                                      108
                             Two Pollutants/NAAQS
                                      33
                                      90
                                      20
                                      143
 
 
                     Table 15: State and Local Annual Cost
                  Each Project-level Conformity Determination
                          Regional Emissions Analysis 
            For Isolated Rural Areas  -  Population Less than 50,000
                                        
                         Demonstrating Conformity For
                                 Burden Hours 
                                 No. of Areas
                              Frequency of Action
                           Total Annual Burden Hours
                                 Cost Per Hour
                               Total Annual Cost
                              One Pollutant/NAAQS
                                      108
                                      40
                                       5
                                      864
                                    $63.59
                                    $54,942
                             Two Pollutants/NAAQS
                                      143
                                       4
                                       5
                                      114
                                    $63.59
                                    $7,249
           Total for All Actions: 978 hours/year x $63.59/hour = $62,191/year  
 	
 
 	Table 15 reflects a frequency of project-level conformity determinations being done once every five years in each isolated rural area, which is less than MPOs in the previous burden calculations.  MPOs are required by regulation to determine conformity once every four years. Our experience from previous ICRs and existing research (see Appendix A) is that isolated rural areas determine conformity less than once every four years.
 
 	In general, conformity determinations for projects in isolated rural areas are more involved 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 notes that this ICR may overestimate burden associated with determining conformity for projects in isolated rural areas, since conformity determinations for non-regionally significant projects may not require that a new regional emissions analysis be completed every time.   
 
 	Consultation between state and local agencies would also 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.  
 
 	Localized analyses are assumed to be used to meet both transportation conformity and NEPA requirements.  Therefore, EPA is assuming that the estimated burden associated with consultation and preparation of these hot-spot analyses would be divided equally between transportation conformity and NEPA.  Accordingly, the burden estimates in Table 16 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 the analyses). 
 	. 	
 
                   Table 16: State and Local Burden Hours For
                  Each Project-Level Conformity Determination 
                               Hot-Spot Analysis
              Isolated Rural Nonattainment and Maintenance Areas 
 
                                   Pollutant
                           Type of Hot-spot Analysis
                                  Consultation
                               Hot-spot Analysis
                               Total Burden Hours
                                       CO
                                  Quantitative
                                       6
                                       14
                                       20
                                       CO
                                  Qualitative
                                       3
                                       2
                                       5
 	
 	
 	Table 17 shows state and local burden hours estimated for performing project-level conformity determinations in CO isolated rural areas. EPA did not include PM quantitative analysis for isolated rural areas in this ICR, reflecting our experience to date.
 
 	To calculate the total burden hours for state and local agencies in isolated rural areas, EPA assumed that a conformity determination occurs once every five years, as in the previous ICR.  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.
                                        
                                        
                                        
                     Table 17: State and Local Annual Cost
                    Project-Level Conformity Determinations 
                               Hot-Spot Analysis
               Isolated Rural Nonattainment and Maintenance Areas
                                        
                                       
                               Metropolitan Area
                                     Burden
                               Hours per Action
                                       
                                 No. of Areas
                                       
                              Frequency of Action
                                       
                                     Total
                              Annual Burden Hours
                                       
                                 Cost Per Hour
                                       
                               Total Annual Cost
                      CO -Quantitative Hot-spot Analyses
                                      20
                                       2
                                    5 years
                                       8
                                    $63.59
                                     $509
                     CO  -  Qualitative Hot-Spot Analyses
                                       5
                                       2
                                    5 years
                                       2
                                    $63.59
                                     $127
Total State and Local Respondent Burden for Project Level Conformity Determinations: 10hours/year x $63.59/hour = $636
                                                                               
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 $80,670/year.  EPA then divided the annual 2018 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 $63.59/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 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 costs are 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 Clean Air Act 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, with one exception.  For MPOs designated nonattainment or maintenance for 3 or more NAAQS, the frequency is assumed to be once every 3 years.  For the purposes of this ICR, EPA is not considering additional burden from MPOs updating or revising transportation plans and TIPs voluntarily, or as required by state regulations, on a more frequent basis.
6(c)	Estimating Agency Burden and Costs  

	This section of the ICR shows federal 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 and adequacy findings 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 $80,670/year.  EPA then divided the annual 2014 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 $63.59/burden hour.   	

Transportation Plan and TIP Conformity Determinations in Metropolitan Nonattainment/Maintenance Areas  -  Federal Burden Hours and Cost
   
 	Tables 18 through 20 show estimated federal burden hours and cost associated with making conformity determinations for transportation plans and TIPs in metropolitan nonattainment and maintenance areas.  EPA assumes that federal burden in these 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 18: Federal Burden Hours 
           Each Transportation Plan or TIP Conformity Determination 
                Metropolitan Nonattainment and Maintenance Areas
                         Population of 200,000 or More
                                        
                                  Metropolitan
                             Planning Organization
                                    Activity
                                      FHWA
                                      FTA
                                      EPA
                                     Total
                                        
                          Per Conformity Determination
                                        
               (Includes all areas with populations of 200,000+)
                                        
                                        
                        Attending Consultation Meetings
                                       12
                                       12
                                       12
                                       36
                                        
                Conformity-Related Work Prior to MPO Submission
                                       12
                                       1
                                       3
                                       16
                                        
                    Reviewing Plan Conformity Determination
                                       13
                                       2
                                       7
                                       22
   Federal Hours Burden Hours for Each Plan or TIP Conformity Determination: 74
                                       
                                       
                                       
                                       
                        Table 19: Federal Burden Hours
             Each Transportation Plan/TIP Conformity Determination
                Metropolitan Nonattainment and Maintenance Areas
                          Population of 50,000-200,000
                                        
                                  Metropolitan
                             Planning Organization
                                    Activity
                                      FHWA
                                      FTA
                                      EPA
                                     Total
                                        
                          Per Conformity Determination
                                        
            (Includes all areas with populations of 50,000-200,000)
                                        
                                        
                        Attending Consultation Meetings
                                       12
                                       12
                                       12
                                       36
                                        
               Conformity-Related Work Prior to MPO Determination
                                       12
                                       1
                                       3
                                      16
                                        
                    Reviewing Plan Conformity Determination
                                       13
                                       2
                                       7
                                       22
          Federal Hours Burden for Each Plan/ TIP Conformity Determination:  74
                                        
                                        
                                        
                                        
                                        
                     Table 20: Federal Annual Cost for MPOs
             Transportation Plan and TIP Conformity Determinations
                Metropolitan Nonattainment and Maintenance Areas
                                        
                                        
                                     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+)
                                       74
                                       77
                                    4 years
                                     1,425
                                     $63.59
                                    $90,616
                                      TIP
                                        
                          Per Conformity Determination
                                (Pop. 200,000+)
                                       74
                                       77
                                    4 years
                                     1,425
                                     $63.59
                                    $90,616
                                     Plan/
                                      TIP
                                        
               Per Conformity Determination (pop. 50,000-200,000)
                                       74
                                       32
                                    4 years
                                      592
                                     $63.59
                                    $37,645
 Total Federal Burden for Plan and TIP Actions: 3,442 hours/year x $63.59/hour = $218,877
 
 
Project-Level Conformity Determinations in Metropolitan Nonattainment and Maintenance Areas  -  Federal Burden Hours and Cost

 	Tables 21 and 22 estimate the burden hours and cost that federal agencies incur associated with conformity determinations for projects in metropolitan nonattainment and maintenance 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 10 and 11.
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                        Table 21: Federal Burden Hours 
 Each Project-level Conformity Determination Metropolitan Nonattainment and Maintenance Areas
 
                                   Pollutant
                           Type of Hot-spot Analysis
                                  Consultation
               Reviewing Project-level conformity determinations
                                     Total
                                  Burden Hours
                             Ozone, PM2.5 and PM10
                                      None
                                      0.5
                                      0.5
                                       1
                                 PM2.5 and PM10
                                  Quantitative
                                       5
                                       11
                                       16
                                       CO
                                 Quantitative 
                                       1
                                       2
                                       3
                                       CO
                                  Qualitative
                                      0.25
                                      1.25
                                      1.5
                                       
                         Table 22: Federal Annual Cost
                   Project-level Conformity Determinations 
               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 Hot-spot Analysis
                                 Pop. 200,000+
                                       1
                                      65
                                      77
                                     5,005
                                    $63.59
                                   $318,268
                                        
                              Pop. 50,000-200,000
                                       1
                                      15
                                      32
                                      480
                                    $63.59
                                    $30,523
                            PM2.5 Hot-spot Analyses
                                      16
                                      0.1
                                      49
                                      78
                                    $63.59
                                    $4,960
                             PM10 Hot-spot Analyses
                                      16
                                      0.1
                                      45
                                      72
                                    $63.59
                                    $4,578
                       CO Quantitative Hot-spot Analyses
                                       3
                                       5
                                      43
                                      645
                                    $63.59
                                    $41,016
                                       
                       CO Qualitative Hot-Spot Analyses
                                      1.5
                                      0.5
                                      43
                                      32
                                    $63.59
                                    $2,035
 Total for All Project-level Actions: 6,312hours/year x $63.59/hour= $401,380/year 



Project-Level Conformity Determinations in Isolated Rural Nonattainment and Maintenance Areas  -  Federal Burden Hours and Cost
 
 Table 23 shows federal burden associated with conformity determinations for a typical regionally significant project in an isolated rural nonattainment or maintenance area.  Table 24 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 25 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 involved 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. 
 
 	To account for additional burden hours spent by state and local agencies for consultation, the consultation for Federal agencies has also been increased to support additional meetings and activities.
                                        
                                        
                        Table 23: Federal Burden Hours 
                  Each Project-Level Conformity Determination 
               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
                                       6
                                       1
                                       1
                                       8
                                        
                 Conformity-Related Work on Draft Determination
                                       6
                                       1
                                       2
                                       9
                                        
                   Reviewing Project Conformity Determination
                                       10
                                       1
                                       5
                                       16
                Total for Each Isolated Rural Area Project Determination: 33   
                                        
                                        
                                        
                                        
                                        
                                        
                                        
                                        
 Table 24: Federal Burden Hours Each Project-Level Conformity Determination 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
                                       CO
                                  Quantitative
                                       1
                                       2
                                       3
                                       CO
                                  Qualitative
                                      0.25
                                      1.25
                                      1.5
 
                                        
                    Table 25: Federal Agency Burden Cost For
                    Project-Level Conformity Determinations 
               Isolated Rural Nonattainment and Maintenance Areas
                                        
                                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  -  Regional Analysis
                                      33
                                      44
                                    5 years
                                      290
                                    $63.59
                                    $18,441
                     CO  - Quantitative Hot-spot Analyses
                                       3
                                       2
                                    5 years
                                       1
                                    $63.59
                                     $63.5
                      CO  - Qualitative Hot-spot Analyses
                                      1.5
                                       2
                                    5 years
                                       1
                                    $63.59
                                     $63.5
Total Federal Agency Burden for Project Level Conformity Determinations: 292 hours/year x $63.59/hour = $18,568/year


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 completed 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 26 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 26: Federal Burden Hours 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

 	Table 27A shows the total federal annualized cost associated with making adequacy determinations for SIP motor vehicle emissions budgets.  EPA estimated the number of adequacy reviews needed each year based on the historical average number of SIPs that EPA has processed for adequacy over the past 36 months, which is 35 determinations, and responses from EPA Regions regarding the anticipated number of SIPs expected to process for adequacy in fiscal year 2019.  
 
 	Table 27B show 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 27A: Federal Annual Cost of Adequacy Findings 
                                        
                                        
                                     Action
                                    Average
                          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
                                       3
                                       10
                                       39
                                     1,170
                                     $63.59
                                    $74,400

                                        
                                        
          Table 27B: Federal Annual Cost of Federal Register Notices 

                                        
 Action
                                    Average
                               Number of Actions
                                        
                                No. of Regions 
                                        
                   Total Federal Register Notice Publications
                                        
                          Average cost per Publication
                           Total Annual Burden Cost 
                 Federal Register Notice  -  Publication Costs
                                       3
                                       10
                                       30
                                      $413
                                    $12,390
Total Burden for Adequacy Findings: 1,170 hours/year x $63.59/hour =$74,400+ $12,390 = $86,790
 
6(d)	Estimating the Respondent Universe and Total Burden and Costs
 
 	EPA estimates that 109 MPOs will be subject to conformity requirements 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 areas. 
6(e)	Bottom Line Burden Hours and Cost Tables
 
 	The bottom line annual burden for all state and local respondents is 35,344 hours with a cost of $2,247,525.  This burden information is taken from Table 28 and the hours multiplied by the estimated hourly labor costs of $63.59 for a burden cost.  This information is also listed in the first Federal Register notice as the cost and burden for the Respondents, which as state and local agencies.
 
 	The bottom line annual burden for federal agency respondents is 11,216 hours with a cost of $725,615.
 
 	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 139,680 hours with a cost of approximately $8,919,420.  This is calculated using information from Table 28, by using the total burden hours and multiplying by the estimated hourly labor costs, adding in the cost of the federal register notice, and multiplying by 3 for the years of the period covered by this ICR.
 
 State and Local Agency Tally
             
 	The bottom-line annual burden for all State and local agencies in performing transportation conformity determinations for transportation plans and TIPs in nonattainment and maintenance areas and isolated rural areas is 24,157 hours/year with a cost of $1,417,740/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 metropolitan areas, and isolated rural areas is 11,187 hours/year at a cost of $711,381/year.  
       
 Federal Agency Tally
             
		The bottom-line annual burden for Agencies associated with transportation conformity determinations for transportation plans and TIPs in nonattainment areas and isolated rural areas is 3,442 hours/year at a cost of $218,877/year.

		The bottom-line annual burden for Agencies associated with project level conformity determinations (including, where applicable, hot-spot analysis) in metropolitan areas and isolated rural areas is 6,604 hours/year at a cost of $419,948/year.
	
	The bottom-line annual burden for EPA burden associated with adequacy determinations for motor vehicle emission budgets associated with SIPs is 1,170 hours/year at a cost of $86,790/year.

      Tables 28 and 29 show the total annual estimated burden hours and cost associated with transportation conformity determinations requirements incurred by state, local and federal respondents.
                                        
                                       
                                       
                                       
                      Table 28: Total Annual Burden Hours
                   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 Conformity Determination
                                     24,517
                                     3,442
                                     27,599
                        Project Conformity Determination
                                     11,187
                                     6,604
                                     17,791
                                Adequacy Finding
                                      N/A
                                     1,170
                                     1,170
                                     Total
                                     35,344
                                     11,216
                                     46,560
                           				BOTTOM LINE ANNUAL BURDEN HOURS: 46,560/ year   
                                        
                                        
                         Table 29: Total Annual Costs 
                   Transportation Conformity Determinations 
                                        
                                 Type of Action
                                        
                       Total Annual State and Local Cost
                           Total Annual Federal Cost
                         Total Annual Conformity Costs
               Transportation Plan/ TIP Conformity Determination
                                   $1,417,740
                                    $218,877
                                   $1,636,617
                        Project Conformity Determination
                                    $711,381
                                    $419,948
                                   $1,131,329
                                Adequacy Finding
                                 Determinations
                                      N/A
                                    $86,790
                                    $86,790
                                     Total
                                   $2,129,121
                                    $725,615
                                   $2,767,946
 					     BOTTOM LINE ANNUAL COST:  $2,867,126/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

		Decrease in state and local respondent burden hours since the previous ICR was approved is approximately 15,214 hours/year:

 Adjustment for decreased burden associated with decreased transportation conformity analysis for PM10, CO, 1997 PM2.5 and NO2 NAAQS
       
		A decrease in burden was projected due to the requirement for transportation conformity ending in PM10, NO2, and CO areas that have reached the end of the 20-year maintenance period.  A decrease in burden was also projected due to fewer transportation conformity determinations for areas previously designated nonattainment or maintenance for 1997 PM2.5 and 1997 ozone NAAQS that was revoked in early 2015.  As discussed previously for 1997 ozone NAAQS areas, EPA is currently developing guidance to implement the South Coast II decision and therefore did not include burden for transportation conformity determinations in orphan 1997 ozone NAAQS areas at this time.  However, any conformity burden for this NAAQS will be included in the next version of this document, as appropriate. 

 Adjustment for decreased burden associated with emissions model training

		A decrease in burden was projected over the previous ICR for model transition and training. The amount of training hours was reduced for this ICR as no new emissions model has been released.  However, the burden hours for consultation remained the same. 

6(g)	Burden Statement
 
 	Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the 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: 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.
 
 

 
