1

SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 2130.04

TRANSPORTATION CONFORMITY DETERMINATIONS FOR FEDERALLY 

FUNDED AND APPROVED TRANSPORTATION PLANS, PROGRAMS AND 

PROJECTS 

February 7, 2011
2

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............................................................... 4

2(a) Need/Authority for the Collection ....................................................................................... 4

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

3. NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA5

3(a) Non-Duplication .................................................................................................................. 5

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

3(c) Consultations........................................................................................................................ 6

3(d) Effects of Less Frequent Collection..................................................................................... 7

3(e) General Guidelines............................................................................................................... 8

3(f) Confidentiality ..................................................................................................................... 8

3(g) Sensitive Questions.............................................................................................................. 8

4. THE RESPONDENTS AND THE INFORMATION REQUESTED................................. 8

4(a) State and Local Respondents/North American Industry Classification System.................. 8

4(b) Information Requested......................................................................................................... 9

5. THE INFORMATION COLLECTED–AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT.................................................. 12

5(a) Agency Activities............................................................................................................... 12

5(b) Collection Methodology and Management........................................................................ 13

5(c) Small Entity Flexibility...................................................................................................... 13

5(d) Collection Schedule ........................................................................................................... 13

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION........................... 13

6(a) Estimating State and Local Respondent Burden and Cost................................................. 13

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 ................................... 39

6(e) Bottom Line Burden Hours and Cost Tables..................................................................... 39

6(f) Reasons for Change in Burden .......................................................................................... 41

6(g) Burden Statement............................................................................................................... 42

Appendix A: Conformity-Related Research Considered for This ICR ........................................ 43
3

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 2130.04. This ICR includes transportation conformity burden anticipated 

for calendar years 2011-2014. 

1(b) Short Characterization/Abstract

Transportation conformity is required under Clean Air Act section 176(c) [42 U.S.C. 

7506(c)] to ensure that federally supported transportation activities are consistent with (“conform 

to”) the purpose of the state air quality implementation plan (SIP). Transportation activities 

include transportation plans, transportation improvement programs (TIPs), and federally funded 

or approved highway or transit projects. Conformity to the purpose of the SIP means that 

transportation activities will not cause new air quality violations, worsen existing violations, or 

delay timely attainment of the relevant national ambient air quality standards (NAAQS or 

“standards”). 

Transportation conformity applies under EPA’s conformity regulations at 40 CFR Part 

93, Subpart A, to areas that are designated nonattainment, and those re-designated to attainment 

after 1990 (“maintenance areas” with plans developed under Clean Air Act section 175A) for the 

following transportation-related criteria pollutants: ozone, particulate matter (PM2.5 and PM10), 

carbon monoxide (CO), and nitrogen dioxide (NO2). 

The Environmental Protection Agency (EPA) published the original transportation 

conformity rule on November 24, 1993 (58 FR 62188), and subsequently published several 

revisions. EPA develops the conformity regulations in coordination with the Federal Highway 

Administration (FHWA) and Federal Transit Administration (FTA). 

Transportation conformity determinations are required before federal approval or funding 

is given to certain types of transportation planning documents as well as non-exempt highway 

and transit projects.1 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 

 

1

Projects that are exempt from all or certain conformity requirements include projects 

listed in 40 CFR 93.126 (e.g., safety projects, maintenance of current roads), projects that do not 

impact regional emissions in 40 CFR 93.127, and traffic signal synchronization projects listed 

in 40 CFR 93.128. 
4

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 adequate2

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 in current nonattainment 

and maintenance areas for the ozone, PM2.5, PM10, CO, and NO2 NAAQS;

• Federal burden associated with EPA’s adequacy review process for submitted SIP 

budgets that are to be used in conformity determinations; 

• New start-up burden associated with learning to perform quantitative hot-spot analyses;

• New burden associated with the transition from MOBILE6.2 to MOVES;

• Efficiencies in areas doing conformity for multiple NAAQS; and,

• Differences in conformity resource needs in large and small metropolitan areas and 

isolated rural areas.

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 additional nonconformity 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 

 2 Per the transportation conformity rule, submitted SIP budgets are appropriate to use 

prior to EPA’s approval of the SIP when EPA declares them adequate for transportation 

conformity purposes (40 CFR 93.118(e) and (f)).
5

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)3 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 

 3 MPO means the policy board of an organization created and designated to carry out the 

metropolitan transportation planning process.
6

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 projectlevel 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.

4

 

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 

 4

To maintain the integrity of the ICR docket and all the associated ICR renewal records, 

the original docket number and date from the previous ICR continue to be used. For this 

renewal, a new Phase of the original docket number has been opened.
7

those nonattainment areas without previous conformity experience).

EPA also consulted with FHWA and FTA headquarters and field offices. 

Individuals/staff consulted: 

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

Administration; and, 

• Andrea Martin, (202) 366-3040, Department of Transportation, Federal Transit 

Administration, Office of Planning and Environment.

EPA also 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 doing conformity determinations in 

isolated rural areas.

5

 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.6

 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.

7

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 

 5 Isolated rural nonattainment and maintenance areas are areas that do not contain or are 

not part of any metropolitan planning areas as designated under the transportation planning 

regulations. Isolated rural areas do not have Federally required metropolitan transportation plans 

or TIPs and do not have projects that are part of the emissions analysis of any MPO’s 

metropolitan transportation plan or TIP. Projects in such areas are instead included in statewide 

transportation improvement programs. These areas are not donut areas (40 CFR 93.101). 6 Additional plan/TIP amendments are completed on a voluntary basis beyond the 

required plan/TIP update cycles. These are not addressed in this ICR.

7 EPA assumed that conformity determinations occur infrequently for this scenario and 

therefore no burden was included in this ICR.
8

before project approvals are made in isolated rural areas and are necessary to meet the goals of 

the Clean Air Act.

Less frequent collection was provided for isolated rural nonattainment and maintenance 

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. 

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 
9

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
10

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 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 areas8

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;

 8 Donut areas are geographic areas outside a metropolitan planning area boundary, but 

inside the boundary of a nonattainment or maintenance area that contains any part of a 

metropolitan area(s). These areas are not isolated rural nonattainment and maintenance areas (40 

CFR 93.101).
11

• Comment on draft plan and TIP conformity determinations;

• Consult with other state, local, and federal transportation and air quality agencies 

throughout the conformity process; and

• Circulate draft project conformity determinations for interagency review and public 

comment and respond to any comments as appropriate.

Local Transit Agencies

Local transit agencies in metropolitan areas are typically the lead agency in developing 

project-level conformity determinations for transit projects in metropolitan areas. The 

following list includes local transit agency activities for project-level conformity 

determinations:

• Conduct hot-spot analyses for transit projects when required;

• Comment on draft plan and TIP conformity determinations;

• Consult with other state, local, and federal transportation and air quality agencies 

throughout the conformity process; and,

• Circulate draft project conformity determinations for interagency review and public 

comment and respond to any comments as appropriate.

State and Local Air Quality Agencies

State and local air quality agencies may provide technical assistance to transportation 

agencies in the development of conformity determinations. The following list includes possible 

state and local air agency activities for conformity determinations:

• Provide air quality data or perform emissions factor modeling for regional emissions 

analyses for transportation plans and TIPs in metropolitan areas and projects in isolated 

rural areas; 

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

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

• Comment on draft conformity determinations. 
12

5. THE INFORMATION COLLECTED–AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

(i) 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 will also participate in the interagency consultation 

process for nonattainment and maintenance areas. The interagency consultation process is used 

to discuss and resolve issues during the development of transportation plan, TIP, and project 

conformity determinations. The frequency of meetings varies from area to area. FHWA 

Resource Centers and FHWA/FTA Headquarters provide technical assistance as needed.

(ii) 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,

• EPA Headquarters provide technical assistance as needed.
13

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.

9 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

(i) Overview

 9 These are minimum requirements are reflected in the ICR, additional plan/TIP 

amendments that are done on a voluntary basis beyond the required plan/TIP update cycles are 

not addressed in this ICR.
14

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;

• Project-level conformity determinations for nonattainment and maintenance areas, 

including new burden associated with quantitative (instead of qualitative) PM hot-spot 

analyses;

• New start-up burden associated with technical analyses for quantitative PM and CO hotspot analyses; and,

• New burden associated with the transition from MOBILE6.2 to MOVES.

This ICR covers only the time period of 2011 to 2014, and EPA has attributed the 

amount of burden to the above categories so they will apply 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.

EPA proposed a more stringent new ozone NAAQS on January 19, 2010 (75 FR 2938), 

however a decision on the revised NAAQS, designations, and implementation rule was not final 

when this ICR was prepared and therefore EPA has not included any burden with conformity 

determinations for areas designated nonattainment for new ozone NAAQS at this time.

Designations for the 2010 1-hour NO2 NAAQS have not been made yet and no burden is 

included in this ICR renewal for conformity determinations for this NAAQS. 

(ii) 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, PM2.5, and NO2. The following table illustrates the number 

of areas currently subject to transportation conformity requirements, using data from EPA’s 

Green Book for the number of nonattainment and maintenance areas:10

 10 http://www.epa.gov/air/oaqps/greenbk/index.html
15

Table 1:

Number of Areas Subject to Transportation Conformity Requirements

Pollutant/NAAQS

Number of Metropolitan 

Nonattainment/Maintenance 

Areas

Number of Isolated Rural 

Nonattainment/Maintenance 

Areas

1997 ozone11 91 22

CO 76 2

PM10 50 38

1997 PM2.5

12 38 1

2006 PM2.5

13 29 2

NO2

14 1 0

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 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.15

 11 The ozone areas referred to in this row were designated nonattainment for the 1997 

ozone NAAQS on April 30, 2004 (69 FR 23858). 

12 The PM2.5 areas referred to in this row were designated nonattainment for the 1997 

PM2.5 air quality standards on January 5, 2005 (70 FR 944). 

13 The PM2.5 areas referred to in this row were designated nonattainment for the 2006 

PM2.5 air quality standard on November 13, 2009 (74 FR 58688). 

14 This entry is for the annual NO2 NAAQS. Designations for the 2010 1-hour NO2 

NAAQS have not been made and will not affect the burden estimates for this ICR. 

15 Federal Register Vol. 67, No. 84, May 1, 2002, Department of Commerce, Bureau of 

the Census, Qualifying Urban Areas for Census 2000 and Federal Register Vol. 67, No. 130, July 

8, 2002, Department of Transportation, Federal Transit Administration/Federal Highway 

Administration Designation of Transportation Management Areas. 
16

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: 

• First, as described in Section 3(c), EPA requested burden information from EPA and DOT 

field offices that regularly work with state and local organizations responsible for doing 

conformity determinations for transportation plans and TIPs; 

• Second, EPA has reviewed the conformity burden hour estimates for previous ICRs for 

the transportation conformity program and the burden hours assumed in DOT’s ICR for 

the transportation planning regulations; and,

• Finally, 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.
17

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 2130.03 for incremental burden hours 

associated with performing transportation plan and TIP conformity determinations for each 

additional pollutant/NAAQS, which was 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) which will perform conformity determinations for 

transportation plans and TIPs at the same time, thus leading to efficiencies in burden hours and 

cost. In contrast, MPOs in larger areas may chose 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).

The burden hours for consultation, regional emissions analyses, and project level 

conformity determinations have been increased over the last ICR to account for the additional 

burden with the release of EPA’s new emissions model, MOVES, in December of 2009.16 The 

burden hours for consultation and regional emissions analysis were increased from the previous 

ICR by approximately 10% and rounded to the nearest $5 and $10 amounts. 

 16 See the MOVES website at http://www.epa.gov/otaq/models/moves/index.htm for 

more information.
18

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 

Analysis17 Other Activities

Total 

Burden 

Hours

One Pollutant/NAAQS 50 310 45 405

Two Pollutants/NAAQS 65 415 60 540

Three or More Pollutants/NAAQS 80 510 75 665

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 405 40 4 years 4,050 $58.8118 $238,181

Two Pollutants/NAAQS 540 31 4 years 4,185 $58.81 $246,120

Three or More Pollutants/NAAQS 665 40 4 years 6,650 $58.81 $391,086

Total for All Transportation Plan Actions: 14,885 hours/year x $58.81/hour = $875,387/year

 17 The burden for regional emissions analyses is framed in this ICR as an MPO

responsibility but we recognize that some State DOTs or other agencies may also perform the 

analyses, in cooperation with or instead of the MPO. 18 See Section 6(b) Estimating State and Local Respondent Costs, for a description of 

how the Cost per Hour was calculated.
19

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 40 310 45 395

Two Pollutants/NAAQS 50 415 60 525

Three or More Pollutants/NAAQS 60 510 75 645

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 395 40 4 years 3,950 $58.81 $232,300

Two Pollutants/NAAQS 525 31 4 years 4,069 $58.81 $239,297

Three or More Pollutants/NAAQS 645 40 4 years 6,450 $58.81 $379,325

Total for All TIP Actions: 14,469 hours/year x $ 58.81/hour = $850,922/year 

Table 6: State and Local Burden Hours 

Each Transportation Plan and TIP Conformity Determination

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

MPO

Demonstrating Conformity For Consultation

Regional 

Emissions 

Analysis Other Activities

Total 

Burden 

Hours

One Pollutant/NAAQS 45 130 30 205

Two Pollutants/NAAQS 55 175 40 270

Three or More Pollutants/NAAQS 70 220 50 340
20

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 205 40 4 years 2,050 $58.81 $120,560

Two Pollutants/NAAQS 270 13 4 years 877 $58.81 $51,576

Three or More Pollutants/NAAQS 340 10 4 years 850 $58.81 $49,989

Total for All Transportation Plan and TIP Actions: 3,777 hours/year x $58.81/hour = $222,125/year 

In addition, EPA has also estimated the State and Local start-up burden associated with 

the transition to EPA’s new emissions model, MOVES. The estimate includes 

training/workshops plus additional time to transition from MOBILE6.2 to MOVES. The 

transition started in December 2009 with the release of MOVES. For this ICR, EPA has 

assumed that half of the MPOs have already taken a MOVES training class and have begun 

working with MOVES. This start up burden is shown in Tables 8 and 9.

Table 8: State and Local Burden Hours

One-time Start-up 

For Transition to MOVES for Regional Emissions Analyses

Action Burden Hours Total Burden Hour

Formal Training 15 15

Transition 45 45

Total burden hours for State and Local Respondents for Start-up of MOVES Analysis: 60 hours

Table 9: State and Local Costs

One-time Start-up 

For Transition to MOVES for Regional Emissions Analyses

Training/Transition

Hours No. of MPOs

Total Burden 

Hours Cost Per Hour Total Cost

60 87 5,220 $58.81 $306,988

Total cost for State and Local Respondents for Start-up of Quantitative Analysis: 5,220 hours x $58.81/hour=

$306,988
21

Project-Level Conformity Determinations in Metropolitan Nonattainment and Maintenance 

Areas

Tables 10 and 11 estimate the burden and cost associated with doing 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.

Conformity determinations for projects in metropolitan ozone and NO2 nonattainment 

and maintenance areas are fairly straightforward, because projects only need to come from a 

conforming transportation plan and TIP to meet 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).

19 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.20 At present, PM2.5 and PM10

(PM) hot-spot analyses, when required, are done qualitatively.21

 19 See the conformity rule (40 CFR 93.123(a)) for the types of projects that require 

qualitative versus quantitative CO hot-spot analyses. 

20Per the conformity rule (40 CFR 93.123(b)(1)), projects of local air quality concern 

include: “(i) new or expanded highway projects that have a significant number of or significant 

increase in diesel vehicles; (ii) projects affecting intersections that are at Level-of-Service D, E, 

or F because of increased traffic volumes from a significant number of diesel vehicles related to 

the project; (iii) new bus and rail terminals and transfer points that have a significant number of 

diesel vehicles congregating at a single location; (iv) expanded bus and rail terminals and 

transfer points that significantly increase the number of diesel vehicles congregating at a single 

location; and, (v) projects in or affecting locations, areas, or categories of sites which are 

identified in the PM10 or PM2.5 applicable SIP or SIP submission as appropriate, as sites of 

violation or possible violation.” 

21 EPA and FHWA have provided guidance for those areas required to do qualitative hotspot analyses for PM2.5 and PM10 nonattainment and maintenance areas: “Transportation 

Conformity Guidance for Qualitative Hot-spot Analyses in PM2.5 and PM10 Nonattainment and 

Maintenance Areas,” EPA420-B-06-922.
22

Quantitative PM hot-spot analyses will be required after the end of the conformity grace

period (December 20, 2012)

22 for applying motor vehicle emissions models for such analyses. 

EPA has approved MOVES and EMFAC (in California) for use in project-level transportation 

conformity determinations, including PM hot-spot analyses. EPA established a two-year grace 

period before MOVES is required in quantitative PM and CO hot-spot analyses, and a two-year 

grace period before EMFAC is required for quantitative PM hot-spot analyses. EPA has issued 

policy guidance on the use of these models will be required for PM hot-spot analyses and other 

purposes.

23

The total burden estimates for project-level conformity determinations represent 50% of 

total state and local burden for a quantitative PM 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, 

MOVES modeling, air quality modeling, determining background concentrations, calculating 

design values, quality assurance, and preparing the final documentation. 

The grace period was effective on December 10, 2010. For purposes of this supporting 

statement and burden calculations, the effective date was set as January 1, 2011 through January 

2013 (2 years). This period overlaps with the ICR by one and a half years, which is the midpoint of the 3-year time period covered by the ICR. During the first half of the ICR period 

(June 2011 to January 2013), it is assumed that all PM hot-spot analyses will be qualitative as 

this is still within the quantitative analysis grace period. However, during the second half of the 

ICR period (January 2013 to May 2014) it is assumed quantitative hot-spot analyses are done as

required. There is a different burden associated with qualitative versus quantitative analyses. 

To reflect the burden over the course of the ICR period, the hours for qualitative and 

quantitative PM hot-spot analysis were averaged together. In contrast, it is unnecessary to 

calculate CO hot-spot analyses in the same way since quantitative and qualitative CO-hot-spot 

analyses continue to be required by the conformity rule throughout the time frame of this ICR.

The state and local burden hours for completing both qualitative 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.

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 

 22 Notice of Availability: Official Release of the MOVES2010a and EMFFAC2007 

Motor Vehicle Emissions Models for Transportation conformity Hot-Spot Analyses and 

Availability of Modeling Guidance, 75 FR 79370 (December 2010).

23 “Policy Guidance on the Use of MOVES2010 for State Implementation Plan 

Development, Transportation Conformity, and Other Purposes,” EPA-420-B-09-046 (December 

2009).
23

consultation would be one of many issues discussed through consultation meetings as a project 

proceeds through the NEPA process. 

EPA assumes that the total burden hours for project-level conformity determinations 

would be approximately the same for larger and smaller metropolitan areas because 

requirements for project-level conformity determinations do not differ based upon population 

size served by an MPO. Requirements for project-level conformity determinations are the same 

for large and small metropolitan nonattainment and maintenance areas. 

Many CO project-level analyses are currently used to fulfill both transportation 

conformity and NEPA requirements. Therefore, EPA is assuming that the estimated burden 

associated with consultation and preparation of hot-spot analyses would be divided equally 

between these programs. Accordingly, the burden estimates in Tables 10 and 11 reflect only the 

share of the burden attributable to fulfilling transportation conformity requirements for hot-spot 

analyses (i.e. half of the burden hours associated with hot-spot analyses). 

Table 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

Total

Burden Hours

Ozone, NO2, PM2.5 and PM10 24 None 0.5 N/A 0.5

PM 2.5 or PM10

Qualitative 6 22 28

50

Quantitative 12 59 71

CO Quantitative 6 14 20

CO Qualitative 3 2 5

 24 Most projects in PM10 and PM2.5 areas do not require a qualitative or quantitative hotspot analysis. In contrast, all non-exempt CO projects in CO areas require some type of hot-spot 

analysis.
24

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, NO2, 

PM2.5 and 

PM10

Pop. 

200,000+ 0.5 65 111 3,608 $58.81 $212,128

Pop. 

50,000-

200,000

0.5 15 63 472 $58.81 $27,817

1997 and 2006 PM2.5 - Hotspot Analyses 50 3 74 11,100 $58.81 $652,791

PM10 –

Hot-spot Analyses 50 1 41 2,050 $58.81 $120,560

CO -Quantitative Hot-spot 

Analyses 20 5 76 7,600 $58.81 $446,956

CO – Qualitative Hot-Spot 

Analyses 5 0.5 76 190 $58.81 $11,174

Total for All Project-level Actions: 25,020/year x $58.81/hour= $1,471,426/year
25

State and Local Start-up Burden Associated with New Project Level Requirements

EPA has also estimated the state and local start-up costs associated with the transition 

from qualitative to quantitative PM hot-spot analyses in this ICR. Training will include 

learning new quantitative PM hot-spot modeling guidance as well as training for emissions and 

air quality modeling.25 At this time, a definitive schedule and method of training opportunities 

is still in the planning phase. EPA anticipates offering on-site training, as well as webinars. For 

burden estimates, we are anticipating utilizing webinars to present the final quantitative PM hotspot guidance, advanced topics via webinars, and training for the use of emissions and air 

quality models. 

The start-up cost of transitioning from qualitative to quantitative PM hot-spot analysis is 

determined by factors including time spent attending training sessions and number of staff 

anticipated to attend training.

We have also included a one-time start-up burden for learning to use MOVES for 

quantitative CO hot-spot analyses in CO nonattainment and maintenance areas. The burden 

hours per action is anticipated to be less than those in PM nonattainment and maintenance areas 

as the CO areas already perform quantitative analysis and therefore the start-up burden only 

includes training time for MOVES, rather than other aspects of CO hot-spot analyses (e.g., 

current air quality modeling practices will continue to be applicable with the MOVES model).

The burden estimates in Tables 12 and 13 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 analyses). 

Table 12: State and Local Burden Hours

One-time Start-up 

For Quantitative Hot-Spot Analysis 

Action Burden Hours per Action

PM Training 30

CO Training 10

Total burden hours for State and Local Respondents for Start-up of Quantitative Analysis: 40 hours

 25 EPA has provided guidance for those areas required to do quantitative hot-spot analysis 

for PM2.5 and PM10 nonattainment and maintenance areas: “Transportation Conformity 

Guidance for Quantitative Hot-spot Analyses in PM2.5 and PM10 Nonattainment and 

Maintenance Areas”, EPA-420-F-10-052 and “Using MOVES in Project-Level Carbon 

Monoxide Analyses”, EPA-420-B-10-041. 
26

Table 13: State and Local Costs

One-time Start-up 

For Quantitative Hot-Spot Analysis 

Pollutant Training Hours 

No. of 

Areas

Total 

Burden 

Hours

Cost Per 

Hour Total Cost

PM 30 93 2,790 $58.81 $164,080

CO 10 42 420 $58.81 $24,700

Total cost for State and Local Respondents for Start-up of Quantitative Analysis: 3,210 hours x $58.81/hour=

$188,780

The number of PM areas in Table 13 includes both metropolitan and isolated rural areas. 

Of the 93 PM nonattainment and maintenance areas, 22 MPOs are nonattainment or 

maintenance for both a PM2.5 and PM10 NAAQS and 16 are located in California (where 

MOVES is not used). We believe that there will be efficiencies gained for these areas which are 

not captured in the burden estimates. For example, the same MOVES modeling can be used for 

meeting both a PM10 and PM2.5 NAAQS, rather than conduct emissions modeling twice. 

However, we have not reflected these efficiencies in the ICR; we have kept the burden estimates 

separate for PM2.5 and PM10 for these areas.

The number of CO areas in Table 13 includes both metropolitan and isolated rural areas. 

Of the 78 CO nonattainment and maintenance areas, 25 are also nonattainment or maintenance 

for PM and 11 are located in California (where MOVES is not used), which reduces the total 

number of nonattainment and maintenance areas to 42.

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.

26

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 (2130.03) 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 

 26 There are no current NO2 nonattainment or maintenance areas in isolated rural areas. 

See Table 1 for further information.
27

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

MPO

Demonstrating Conformity For Consultation

Regional 

Emissions 

Analysis

Other Misc. 

Activities

Total 

Burden 

Hours

One Pollutant/NAAQS 25 65 15 105

Two Pollutants/NAAQS 30 90 20 140

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 105 57 5 1,197 $58.81 $70,395

Two Pollutants/NAAQS 140 3 5 84 $58.81 $4,940

Total for All Actions: 1,281 hours/year x $ 58.81/hour = $75,335/year 

Table 15 reflects a frequency of project level conformity determination 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.27

 27Isolated rural areas are not required by federal law to develop metropolitan 

transportation plans or TIPs.
28

EPA notes that this ICR may overestimate burden associated with determining 

conformity for projects in isolated rural areas, since conformity determinations for nonregionally 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.28 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

PM 2.5 or PM10

Qualitative 6 22 28

50

Quantitative 12 59 71

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 ozone, CO, PM2.5 and PM10 isolated rural areas. These numbers 

are the same as projected for metropolitan areas.

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-

 28EPA estimates that four state and local agencies would participate in one consultation 

meeting on each transportation project.
29

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.

As stated earlier, the conformity regulation requires a hot-spot analysis only for projects 

of local air quality concern in PM areas, rather than every non-exempt project. Given that 

projects of local air quality concern, which are generally projects that involve significant 

numbers of diesel vehicles, are unlikely to occur in isolated rural areas, we assumed there would 

be only one such project in these areas over a five-year period. Based on these assumptions, we 

arrived at a total of 419 hours of burden per year for state and local agencies in isolated rural 

areas. 

Table 17: State and Local Annual Cost

Project-Level Conformity Determinations 

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

PM2.5 - Hot-spot 

Analyses 50 3 5 years 30 $58.81 $1,764

PM10 –

Hot-spot 

Analyses

50 38 5 years 380 $58.81 $22,348

CO -

Quantitative 

Hot-spot 

Analyses

20 2 5 years 8 $58.81 $470

CO –

Qualitative HotSpot Analyses

5 2 5 years 2 $58.81 $118

Total State and Local Respondent Burden for Project Level Conformity Determinations: 420 hours/year x 

$58.81/hour = $24,700

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 
30

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 $76,452/year.29 EPA then divided the annual 2010 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 $58.81/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 recordkeeping or reporting requirements that require additional capital or O&M costs for individual 

state or local respondent actions. Thus, no capital or O&M cost is included for record-keeping 

and reporting actions.

(iii) Annualizing Capital Costs

EPA has assumed the following in annualizing estimates:

• Estimates for transportation plan and TIP conformity determinations are annualized over 

a four-year period, to correspond with 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. For the purposes of this ICR, EPA is not considering additional 

burden from MPOs updating or revising transportation plans and TIPs voluntarily on a 

more frequent basis.

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. 

 

29 January 2010 U.S. Office of Personal Management, Salary Table 2010-GS, 2010 

General Schedule, http://www.opm.gov/oca/10tables/html/gs.asp
31

(i) Estimating Federal Labor Costs

EPA estimates that each DOT and EPA federal burden hour associated with conformity 

determinations is completed by an experienced technical staff person. EPA is also including 

overhead costs associated with employing an experienced technical staff person, such as paid 

leave, health insurance, retirement savings, office space, computers, and other business 

expenses.

EPA assumed that federal burden hours would be completed by an experienced technical 

staff person being paid at a GS-13, Step 3 federal government employee salary of 

$76,452/year.30 EPA then divided the annual 2010 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 $58.81/burden hour. 

Assuming $58.81 per federal burden hour, Table 27 shows the total federal annualized 

cost associated with making transportation plan and TIP conformity determinations in 

metropolitan nonattainment and maintenance areas. 

Transportation Plan and TIP Conformity Determinations in 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. 

 

30 January 2010 U.S. Office of Personal Management, Salary Table 2010-GS, 2010 

General Schedule, http://www.opm.gov/oca/10tables/html/gs.asp
32

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 11 11 11 33

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: 71

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 11 11 11 33

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: 71
33

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+)

71 111 4 years 1,970 $58.81 $115,856

TIP Per Conformity 

Determination

(Pop. 200,000+)

71 111 4 years 1,970 $58.81 $115,856

Plan/

TIP

Per Conformity 

Determination (pop. 

50,000-200,000)

71 63 4 years 1,118 $58.81 $65,749

Total Federal Burden for Plan and TIP Actions: 5,058 hours/year x $58.81/hour = $297,461

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.
34

Table 21: Federal Burden Hours 

Each Project-level Conformity Determination Metropolitan Nonattainment and 

Maintenance Areas

Pollutant

Type of Hotspot Analysis Consultation

Reviewing Projectlevel conformity 

determinations

Total

Burden 

Hours

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

1

PM2.5 , PM10

Qualitative 2 6 8

12

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 65 111 7,215 $58.81 $424,314

Pop. 

50,000-

200,000

1 15 63 945 $58.81 $55,575

PM2.5 – Hot-spot Analyses 12 3 74 2,664 $58.81 $156,670

PM10 – Hot-spot Analyses 12 1 41 492 $58.81 $28,935

CO -Quantitative Hot-spot 

Analyses 3 5 76 1,140 $58.81 $67,043

CO – Qualitative Hot-Spot 

Analyses

1.5 0.5 76 57 $58.81 $3,352

Total for All Project-level Actions: 12,513 hours/year x $58.81/hour= $735,889/year 
35

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. 

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 5 1 1 7

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: 32 
36

Table 24: Federal Burden Hours Each Project-Level Conformity Determination Isolated 

Rural Nonattainment and Maintenance Areas

Hot-spot Analysis Component

Pollutant

Type of Hotspot Analysis Consultation

Reviewing Projectlevel conformity 

determinations

Total

Burden 

Hours

Ozone, NO2, PM2.5 and PM10 N/A 0.5 0.5 1

PM2.5 or PM10

Qualitative 2 6 8

12

Quantitative 5 11 16

CO Quantitative 1 2 3

CO Qualitative .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

32 60 5 years 384 $58.81 $22,583

PM2.5 – Hot-spot 

Analyses 12 3 5 years 7 $58.81 $412

PM10 – Hot-spot 

Analyses 12 38 5 years 91 $58.81 $5,352

CO –Quantitative 

Hot-spot Analyses 3 1 5 years 1 $58.81 $59

CO –Qualitative 

Hot-spot Analyses 1.5 1 5 years 1 $58.51 $59

Total Federal Agency Burden for Project Level Conformity Determinations: 484hours/year x $58.81/hour = 

$28,464

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) 
37

and (f)).31 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

EPA estimates that each EPA federal burden hour associated with adequacy 

determinations is completed by an experienced technical staff person. We believe that this will 

result in a conservative cost estimate. EPA is also including overhead costs associated with 

employing an experienced technical staff person, such as paid leave, health insurance, 

 31 Per 40 CFR 93.118(e)(4), EPA will find a budget adequate if the following minimum 

criteria is met: (i)The submitted SIP is endorsed by the Governor or his/her designee and has 

been subject to a state public hearing; (ii) Interagency consultation took place and any EPA 

stated concerns have been addressed; (iii) The budget is clearly identified and precisely 

quantified; (iv) The budget, when considered with all other emissions sources, is consistent with 

applicable SIP requirements; (v) The budget is consistent with and is clearly related to the 

emissions inventory and submitted SIP control measures; and, (vi) Revisions to a previously 

submitted SIP explain and document any changes to the previous budget and control measures, 

impacts on point and source emissions, and any changes to established safety margins and 

reasons for those changes
38

retirement savings, office space, computers, and other business expenses.

EPA assumed that federal burden hours would be completed by an experienced staff 

person being paid at a GS-13, Step 3 federal government employee salary of $76,452/year.32 

EPA then divided the annual 2007 GS-13, Step 3 salary rate by 2080 (the number of hours in a 

work year) and multiplied this number by the standard government overhead factor of 1.6. This 

calculation resulted in a federal cost of $58.81/burden hour. 

Table 27A shows the total federal annualized cost associated with making adequacy 

determinations for SIP motor vehicle emissions budgets. EPA based the number of adequacy 

reviews need each year based on the historical average number of SIPs that EPA has processed 

for adequacy over the past seven years, and responses from EPA regions regarding the 

anticipated number of SIPs expected to process for adequacy in fiscal year 2007.

Table 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 5 10 39 1,950 $58.81 $114,679

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 5 10 50 $413 $20,650

Total Burden for Adequacy Findings: 1,950 hours/year x $58.81/hour =$114,679+ $20,650 = $135,329

 

32 January 2010 U.S. Office of Personal Management, Salary Table 2010-GS, 2010 

General Schedule, http://www.opm.gov/oca/10tables/html/gs.asp.
39

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

EPA estimates that 174 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 68,282 hours with a 

cost of $4,014,663. The bottom line annual burden for Federal agency respondents is 20,005

hours with a cost of $1,197,143.33

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 248,001 hours, with a cost of 

approximately $14,632,882. This includes a one-time start up cost of quantitative modeling and 

transition to MOVES.

(i) 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 39,632 hours/year with a cost of $2,329,757/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 28,650 hours/year at a cost of $1,684,906/year. 

(ii) 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 5058 hours/year at a cost of $297,461/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 12,997 hours/year at a cost of $764,353/year.

 33 To obtain bottom-line annual Federal agency cost associated with conformity 

determinations, EPA multiplied the bottom-line Federal agency annual burden hours by 

estimated hourly labor costs of $58.81 and then added $20,650 in Federal Register notice 

publication costs from Table 27A and B to reach the bottom line Federal agency annual 

estimated cost of $1,197,143.
40

The bottom-line annual burden for EPA burden associated with adequacy determinations 

for motor vehicle emission budgets associated with SIPs is 1,950 hours/year at a cost of 

$135,329/year.

34

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 39,632 5,058 44,690

Project Conformity 

Determination 28,650 12,997 41,647

Adequacy Finding N/A 1,950 1,950

Total 68,282 20,005 88,287

BOTTOM LINE ANNUAL BURDEN HOURS: 88,287/ 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 $2,329,757 $297,461 $2,627,218

Projects Conformity 

Determination $1,684,906 $764,353 $2,449,259

Adequacy Finding

Determinations

N/A $135,329 $135,329

Total $4,014,663 $1,197,143 $5,211,806

 BOTTOM LINE ANNUAL COST: $5,211,806 35 

 34 To obtain bottom-line annual cost associated with adequacy determinations for motor 

vehicle emission budgets, EPA multiplied the total burden hours in Table 27A and B by 

estimated hourly labor costs of $58.81 and then added $20,650 in Federal Register notice 

publication costs to reach the bottom line annual cost of $135,329.

35 To obtain bottom-line costs associated with conformity determinations (Table 29), 

EPA multiplied the bottom-line burden hours in Table 28 by estimated hourly labor costs of 
41

(iii) Variations in the Annual Bottom Line

EPA does not anticipate significant variations in the annual respondent reporting burden 

or cost over the course of the clearance period. 

6(f) Reasons for Change in Burden

Increase in state and local respondent burden since the previous ICR was approved is 

approximately 19,043 hours:

(i) Adjustments associated with actual number of 2006 PM2.5 NAAQS 

nonattainment areas versus the estimated numbers in EPA ICR 2130.03

In the previous ICR 2130.03, EPA estimated a total of 25 new PM2.5 nonattainment 

areas for the 2006 24-hour PM2.5 NAAQS. The calculation of the number of hypothetical brand 

new nonattainment areas was based on 2004-2006 air quality data.

 EPA’s PM2.5 nonattainment designations went into effect on December 14, 2009, and 

conformity under the new PM2.5 NAAQS began to apply on December 14, 2010. 

The actual number of nonattainment areas for the new PM2.5 standard is 31, which 

results in increased burden from ICR 2130.03.

Burden hour increase attributed to this adjustment: Approximately 1,734 hours 

(ii) Adjustment for increased burden associated with quantitative PM and CO 

hot-spot analyses.

An additional burden was also projected for start-up and implementation costs 

associated with the transition from qualitative to quantitative PM hot-spot analyses. Start-up 

burden is also included for quantitative CO hot-spot analyses using MOVES.

Burden hour increase attributable to these changes: Approximately 3,210 hours

(ii) Adjustment for increased burden associated with the transition from the 

MOBILE to MOVES model for regional emissions analyses

An additional burden was also projected for start-up and implementation costs 

associated with the transition from the MOBILE to MOVES model for regional analyses and 

consultation. 

 

$58.81 and then added $20,650 in Federal Register notice publication costs from Table 27A and 

B to reach the bottom line annual cost of $5,211,806.
42

Burden hour increase attributable to these changes: Approximately 14,099 hours

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information 

is estimated to average 7 hours per response. 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. 
43

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.