[Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
[Notices]
[Pages 11832-11833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7005]



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ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-5444-9]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Renewal for Application Requirements for the Approval 
and Delegation of Federal Air Toxics Programs to State and Local 
Agencies

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3506 
(c)(2)), this notice announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Renewal for Application Requirements 
for the Approval and Delegation of Federal Air Toxics Programs to State 
and Local Agencies, OMB No. 2060-0264 (ICR # 1643.02), expiration date 
July 31, 1996. Before submitting the ICR to OMB for review and 
approval, EPA is soliciting comments on specific aspects of the 
proposed information collection as described below.

DATES: Comments must be submitted on or before May 21, 1996.

ADDRESSES: U.S. Environmental Protection Agency, Office of Air and 
Radiation, Office of Air Quality Planning and Standards, Information 
Transfer and Program Integration Division, Integrated Implementation 
Group, MD-12, Research Triangle Park, North Carolina 27711. Interested 
persons may obtain a copy of the ICR without charge by contacting 
Pamela J. Smith, at (919) 541-5319. Electronic copies of the ICR can be 
obtained from the Technology Transfer Network (TTN) Bulletin Board 
under ``Recently Signed Rules''.

FOR FURTHER INFORMATION CONTACT: Mr. Gil Wood, (919) 541-5272 (phone)/
(919) 541-4028 (fax).

SUPPLEMENTARY INFORMATION: Affected Entities: Entities potentially 
affected by this action are State and local agencies participating in 
this voluntary program.
    Title: Renewal for Application Requirements for the Approval and 
Delegation of Federal Air Toxics Programs to State and Local Agencies, 
OMB No. 2060-0264 (ICR # 1643.02), Expiration date July 31, 1996.
    Abstract: The rule was developed in accordance with section 
112(l)(2) of the Clean Air Act, as amended in 1990, which calls for the 
U.S. Environmental Protection Agency (EPA) to ``publish guidance that 
would be useful to the States in developing programs. . . allowing for 
delegation of the Administrator's authorities and responsibilities to 
implement and enforce emissions standards and prevention 
requirements.'' Affected entities include State and local agencies 
choosing to participate in this voluntary program. No industries are 
included among respondents. The approval process consists of selecting 
one or any combination of three options that allow the respondent to 
adjust or substitute for a Federal rule or program. These three options 
include (1) approval of a rule which adjusts a section 112 rule, (2) 
approval of a rule which substitutes for a section 112 rule, and (3) 
approval of a program which substitutes for some or all of section 112 
emission standards. These three approval options vary in the types of 
changes allowed and in the level of demonstrations required for 
approval. Respondents interested in utilizing this program are required 
to submit an application package to the reviewing agency. The contents 
of each submission varies with the option(s) chosen. Criteria 
applicable to all options include a letter from the State Attorney 
General assuring delegation authority, a copy of State statutes, 
resource demonstration, implementation schedule, compliance plan, and 
enforcement procedures. All submissions are voluntary on the part of 
the State or local agency and, therefore, the information collection 
requirements apply only to those agencies that voluntarily submit 
applications for delegation of authority. All application packages are 
submitted to the Administrator for approval. The information is needed 
to determine if a State or local agency submitting a request has met 
the criteria established in the 40 CFR part 63, subpart E rule. Certain 
information is necessary for the Administrator to determine 
acceptability of approving State rules or programs in lieu of Federal 
rules or programs. This collection is a one-time collection of 
information in the application package for the purpose of determining 
that the State or local agency has met the criteria specified in the 
rule. Resubmission is only required in instances where the State rule 
or program has been revised or if the approval has been withdrawn. The 
collection of information is authorized under 42 U.S.C. 7401-7671q. 
Information obtained by EPA is safeguarded according to the Agency 
policies set forth in Title 40, Chapter 1, part 2, subpart B, 
Confidentiality of Business Information. See 40 CFR 2; 41 FR 36902, 
September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR 
42251, September 28, 1978; 44 FR 17674, March 23, 1979.
    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.
    The EPA would like to solicit comments to:
    (i) evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;

[[Page 11833]]

    (iii) enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: As a part of this ICR renewal, the Agency will 
evaluate this rulemaking's burden and cost. ``Burden'' means the total 
time and effort expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency, including 
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. 
``Cost'' means the value of resources expended to accomplish the tasks 
listed above, including the cost of labor and capital expenditures.
    States, Tribal entities, and local entities will be the only 
affected entities for this rulemaking. Out of 54 States and 
Territories, the Agency estimates 40 percent (or 22) States will submit 
applications under this program. The Agency also expects each 
participating State will submit two applications under Options 1 and 2 
during a 1-year period following promulgation of the rule and will 
submit a one-time application under Option 3.
    Out of 80 local agencies, Indian tribes, etc., the Agency estimates 
25 percent (or 20) local agencies, Indian tribes, etc. will submit 
applications under this program. It also estimates each participating 
agency will submit two applications under Options 1 and 2 during a 1-
year period following promulgation of the rule and submit a one-time 
application under Option 3.
    The Agency believes these submission estimates establish an upper 
bound to the potential scope of this rulemaking since State and local 
agencies may choose any combination of the three options and since 
reports for approval are expected to decrease in later years.
    The Agency estimates the annual burden for the General criteria 
common to all options to be 39,608 person-hours per year. The estimated 
cost to State and local agencies is $1,269,232 per year.
    The annual burden for Option #1, Adjusting a section 112 Rule, is 
estimated to be 4,367 person-hours per year. The Agency estimates the 
associated cost to State and local agencies is $148,599 per year.
    The annual burden for Option #2, Substituting a section 112 rule, 
is estimated to be 26,082 person-hours per year. The Agency expects 
Option #2 will cost $835,858 per year.
    The annual burden and cost for Option #3, Substituting a section 
112 program, is estimated to be 8,936 person-hours and $286,354 per 
year.
    The Agency estimates the annual burden for Review and Withdrawal at 
621 person-hours per year, at a cost of $19,899 per year.
    The total estimated cost for the three approval options including 
General criteria and Review and Withdrawal cost is $2.6 million; or $60 
thousand per affected entity. The total burden for all options totals 
80 thousand person-hours per year or two thousand person-hours per year 
for each affected entity. There may be variations in the annual bottom 
line since this is a one-time submittal. Periodic audits may occur at 
the discretion of the compliance and enforcement authorities.
    Use of this rulemaking allows State and local agencies to gain 
approval of State air toxics rules and programs, which they can 
implement at a lower costs, thus providing them with a net decrease in 
terms of overall program expenditure. Because the above burdens and 
costs are based upon the voluntary participation of affected entities, 
it is believed that the use of this rulemaking will result in a net 
reduction in burden and costs to States, Tribal entities, and local 
entities. Additionally, the Agency believes this rulemaking is not 
significant because its cost is less than the $25 million significance 
level established under Executive Order 12866.
    Send comments regarding these matters, or any other aspect of the 
information collection, including suggestions for reducing the burden, 
to the address listed above.

    Dated: March 13, 1996.
Karen Blanchard,
Acting Director, Information Transfer and Program, Integration 
Division.
[FR Doc. 96-7005 Filed 3-21-96; 8:45 am]
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