[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Notices]
[Pages 69090-69092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33262]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5668-8]


Agency Information Collection Activities for Prevention of 
Significant Deterioration (PSD) and Nonattainment New Source Review 
(NSR)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of Information Collection Request (ICR) 
and Supporting Statement.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that EPA is planning to submit the 
following continuing ICR to the Office of Management and Budget (OMB): 
Information Collection Request for 40 CFR part 51 and 52 Prevention of 
Significant Deterioration and Nonattainment New Source Review: OMB No. 
2060-003, Exp. March 31, 1997. 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 to the EPA on or before March 3, 
1997.

ADDRESSES: Comments should be addressed to Dennis Crumpler, NSR ICR 
Project Manager, Integrated Implementation Group, Information Transfer 
and Program Integration Division (MD-12), Office of Air Quality 
Planning and Standards, U.S. EPA, Research Triangle Park, North 
Carolina 27711. Copies of the ICR Renewal draft Supporting Statement 
and other background information may be obtained from the ICR Project 
Manager at the address above, or it may be retrieved electronically 
from the NSR Bulletin Board (``News/Bulletins'' Menu) located on the 
Office of Air Quality Planning And Standards Technology Transfer 
Network (TTN). Access to the TTN is via a computer and communications 
software at (919) 541-5742. The TTN may be accessed via Internet at the 
following addresses. TELNET:; 
FTP:; and WWW:www.rtpnc.epa.gov>. For 
assistance in accessing the TTN, contact the TTN Help Desk at (919) 
541-5384 in Research Triangle Park, North Carolina, 1:00 p.m. to 5:00 
p.m. eastern standard time.

FOR FURTHER INFORMATION CONTACT: Dennis Crumpler, the current NSR ICR 
project manager at (919) 541-0871.

SUPPLEMENTARY INFORMATION:

    Affected entities: Entities potentially affected by this action are 
those which must submit an application for a permit

[[Page 69091]]

to construct a new or modify an existing source of air pollution, 
permitting agencies which review the permit applications, and members 
of the public who are due the opportunity to comment on permitting 
actions.
    Title: Information Collection Request for 40 CFR part 51 and 52 
Prevention of Significant Deterioration and Nonattainment New Source 
Review: OMB No. 2060-007, Exp. March 31, 1997. Abstract: Part C of the 
Clean Air Act (Act)--``Prevention of Significant Deterioration,'' and 
part D--``Plan Requirements for Nonattainment Areas'' requires all 
States to adopt preconstruction review programs for new or modified 
stationary sources of air pollution. Implementing regulations for State 
adoption of these two NSR programs into their State Implementation Plan 
(SIP) are promulgated at 40 CFR 51.160 through 51.166 and appendix S. 
Federal permitting regulations are promulgated at 40 CFR 52.21 for PSD 
areas that are not covered by a SIP program.
    In order to receive a construction permit for a major new source or 
major modification, the applicant must conduct the necessary research, 
perform the appropriate analyses and prepare the permit application 
with documentation to demonstrate that their project meets all 
applicable statutory and regulatory NSR requirements. Specific 
activities and requirements are listed and described in the draft 
Supporting Statement for the ICR.
    Permitting agencies, either State, local or Federal, review the 
permit application to affirm the proposed source or modification will 
comply with the Act and applicable regulations. The permitting Agency 
then provides for public review of the proposed project and issues the 
permit based on its consideration of all technical factors and public 
input. The EPA, more broadly, reviews a fraction of the total 
applications and audits the State and local programs for their 
effectiveness. Consequently, information prepared and submitted by the 
source is essential for the source to receive a permit, and for 
Federal, State and local environmental agencies to adequately review 
the permit application and thereby properly administer and manage the 
NSR programs.
    To facilitate adequate public participation, information that is 
submitted by sources as a part of their permit application, should 
generally be a matter of public record. See sections 165(a)(2) and 
110(a)(2) (C), (D) and (F) of the Act. Notwithstanding, to the extent 
that the information required for the completeness of a permit is 
proprietary, confidential, or of a nature that it could impair the 
ability of the source to compete in the market place, that information 
is collected and handled according to EPA's policies set forth in title 
40, chapter 1, part 2, subpart B--Confidentiality of Business 
Information (see 40 CFR part 2). See also section 114(c) of the Act.
    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;
    (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: 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.
    Since the last ICR renewal in September 1995, there have been no 
regulatory changes to affect the previous estimates of the number of 
respondents or the hourly burdens relative to the activities associated 
with NSR requirements.1 Consequently the estimated average annual 
burden to industry respondents for this collection of information is 
approximately 649 hours for each of 320 part C PSD permits (responses); 
445 hours for each of 590 part D nonattaiment permits, and about 8 
hours for each of 19,500 minor source permits. The projected industry 
costs are approximately $31 thousand for each part C source, $21 
thousand for part D sources, and $380 for each minor NSR source. These 
costs are determined by multiplying the estimated number of hours for 
each burden category by $47.00 per hour. This hourly rate represents a 
mixture of 75 percent technical staff and 25 percent management effort. 
Hourly rates for in-house and contractor effort are believed to be the 
same; although an average 30 percent of the burden is believed to be 
contracted. The estimated total annual burden to industry respondents 
is about 626 thousand hours and a commensurate cost of $30.6 million 
which includes direct costs of about $1.2 million for preconstruction 
monitoring. The estimated burden to State and local permitting Agencies 
is 272 hours per part C permit, 109 hours for a part D permit and 10 
hours for a minor NSR permit. The cumulative burden and cost is 346 
thousand hours and $12.8 million. The annual estimated burden for the 
EPA is 16 thousand hours and $594 thousand.
---------------------------------------------------------------------------

    \1\ On July 23, 1996 the EPA proposed regulatory revisions that 
if adopted would substantially reduce overall burden of the NSR 
programs, primarily by reducing the number of sources that would 
require a major source permit. See 61 FR 38249. The ICR will be 
revised coincident with the promulgation of the final rulemaking 
expected in early 1998.
---------------------------------------------------------------------------

    The NSR permit application burden and cost is up-front, so it does 
not require amortization over the life of the source. There are no 
operating and maintenance costs. All reporting and compliance 
monitoring costs associated with the implementation of a source's 
permitting requirements should be reflected in the burden associated 
with compliance assurance monitoring regulations, and the appropriate 
SIP or operating permit program. Therefore, the second and third year 
ICR burden and costs of the NSR program are zero for each respondent, 
and the net present value of the costs of the NSR rules are equal to 
the cost of the first year outlay. Because the average number of 
permits issued each year is expected to remain relatively constant, the 
program is expected to result in the same average burden and cost each 
year.
    Based on limited information, EPA has estimated that few small 
businesses will experience a significant adverse

[[Page 69092]]

impact due to administrative burden of the NSR Program. The projected 
burden also reflects consideration of environmental justice factors, 
which may influence certain major source permitting actions.
    The EPA will consider all comments submitted in response to this 
notice when preparing the ICR renewal and supporting statement for 
submittal to OMB.

    Dated: December 20, 1996.
Robert G. Kellam,
Director, Information Transfer and Program Integration Division.
[FR Doc. 96-33262 Filed 12-30-96; 8:45 am]
BILLING CODE 6560-50-P