[Federal Register Volume 64, Number 209 (Friday, October 29, 1999)]
[Notices]
[Pages 58401-58403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28391]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6466-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that EPA is planning to submit the

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following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Application Requirements for the 
Approval and Delegation of Federal Air Toxics Programs to State, 
Territorial, Local, and Tribal Agencies, OMB No. 2060-0264, ICR no. 
1643.04, expiration date currently 3/31/2000. Before submitting this 
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 December 28, 1999.

ADDRESSES: Send all comments on this ICR to Ms. Holly Reid, Information 
Transfer and Program Integration Division (MD-12), Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711. Interested persons may 
obtain a copy of the ICR without charge by contacting Ms. Yulonda 
Thorpe, at (919) 541-5319.

FOR FURTHER INFORMATION CONTACT: Ms. Holly Reid, (919) 541-5344, or 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
those State, Territorial, Local, and Tribal agencies (S/L/Ts) 
participating in this voluntary program.
    Title: Application Requirements for the Approval and Delegation of 
Federal Air Toxics Programs to State, Territorial, Local, and Tribal 
Agencies, OMB No. 2060-0264 (ICR No. 1643.04), Expiration date March 
31, 2000.
    Abstract: A rule developed under the authority of section 112(l) of 
the Clean Air Act, as amended in 1990, calls for us, EPA, to ``publish 
guidance that would be useful to 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 S/L/Ts choosing to 
participate in this voluntary program. No industries are included among 
the respondents.
    The ICR reflects the approval process codified in 40 CFR 63, 
subpart E, which we proposed to amend on January 12, 1999 (64 FR 1880). 
Under the amended process, the S/L/T can select one of five delegation 
options to implement and enforce the Federal section 112 rule, 
requirement, or program. These options include:

--Accepting straight delegation of the unchanged Federal standard;
--Requesting an adjustment to the Federal standard;
--Requesting to substitute S/L/T requirements or rules for the Federal 
standard;
--Requesting to substitute Title V permit or Title V general permit 
terms and conditions for the Federal standard; or,
--Requesting to substitute an S/L/T program for the Federal standard.

In addition, the S/L/T may also request delegation of the 40 CFR part 
68 accidental release prevention program using subpart E. When the S/L/
T requests to adjust or substitute requirements under subpart E, they 
must demonstrate that their changes are as least as stringent as the 
Federal standard they would replace.
    The approval options vary in the types of changes allowed and in 
the level of demonstrations required for approval. Respondents 
interested in using this program must submit an application package to 
their EPA Regional Office. We will use this information to determine 
whether the 
S/L/T request is approvable according to the criteria specified in 
subpart E. The intent of this voluntary program is to encourage S/L/Ts 
to accept delegation of the Federal section 112 standards, and to allow 
them to adjust or substitute 
S/L/T requirements when they can be shown to be at least as stringent 
as the Federal requirements. These provisions for alternatives will 
help preserve existing S/L/T programs and prevent dual regulation of 
sources.
    We also reserve the right to review and withdraw an approved S/L/T 
rule, program, or requirement if we decide it is not as stringent as 
the otherwise applicable Federal standard or if the 
S/L/T is failing to adequately implement or enforce it. In this case, 
the S/L/T would be asked to submit information regarding permits, 
monitoring, resources, etc. We will use this information to decide if 
the rule, program, or requirement should be withdrawn. Our ability to 
review and withdraw approval is needed to ensure we can satisfy our 
obligations under the Act to implement and enforce the section 112 
requirements.
    This collection of information is authorized under 42 U.S.C. 7401-
7671q. We will safeguard any information we obtain for which a claim of 
confidentiality is made according to our policies outlined in title 40, 
chapter 1, part 2, subpart B, Confidentiality of Business Information.
    Note that 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 our 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
    We would like to solicit comments to:

--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;
--Evaluate the accuracy of our estimate of the burden of the proposed 
collection of information, including the validity of the methodology 
and assumptions used;
--Enhance the quality, utility, and clarity of the information to be 
collected; or,
--Minimize the burden of the collection of information on S/L/Ts, 
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.
    We estimate that the amended subpart E program will pose an overall 
average burden on all respondents of 130,198 hours and $5.3 million per 
year. We estimate that each of the 127 S/L/Ts subject to subpart E may 
request delegation for up to 35 section 112(d) standards per year 
during the 3-year approval period we are requesting for this 
collection. In addition to delegations of the section 112(d) standards, 
the total costs include the one-time request for approval to receive 
delegation, requests for up-front approval to use the equivalency by 
permit and State program approval options, the one-time request to take 
delegation of the accidental release prevention program during the 3-
year

[[Page 58403]]

period, and the effort for S/L/Ts to respond to our decision to 
withdraw up to two approved rules, programs, or requirements in year 3. 
Therefore, the average annual burden for each S/L/T is 29 hours and 
$1,194 per response.
    The cost estimate is based on the labor costs for S/L/Ts to request 
delegation under the various options in subpart E and to respond to 
potential program withdrawal reviews by us. There are no separate 
capital/startup costs associated with the final rule.

    Dated: October 15, 1999.
Richard A. Wayland,
Acting Director, Information Transfer and Program Integration Division.
[FR Doc. 99-28391 Filed 10-28-99; 8:45 am]
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