[Federal Register Volume 65, Number 84 (Monday, May 1, 2000)]
[Notices]
[Pages 25322-25323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10767]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6586-4]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Part 71 Federal Operating Permit Rules

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 notice announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Part 71 Federal Operating Permit Rules, 
EPA ICR Number 1713.04, OMB Control Number 2060-0336, expiration date 
May 31, 2000. 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 June 30, 2000.

ADDRESSES: For a copy of the draft ICR estimates, contact Scott 
Voorhees at (919) 541-5348 or ``[email protected]'' and refer to 
EPA ICR Number 1713.04.

FOR FURTHER INFORMATION CONTACT: Scott Voorhees at (919) 541-5348 and 
e-mail address listed above.

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
those which must apply for and obtain a federally issued operating 
permit under title V of the Clean Air Act (Act). These, in general, 
include sources which are defined as ``major'' under any title of the 
Act.
    Title: Part 71 Federal Operating Permit Rules (OMB Control No.2060-
0336; EPA ICR No. 1713.04.) expiring May 31, 2000.
    Abstract: The part 71 program is a Federal operating permits 
program that will be implemented for sources located in Indian Country, 
Outer Continental Shelf sources, and also in those areas without 
acceptable part 70 programs. Title V of the Clean Air Act imposes on 
States the duty to develop, administer and enforce operating permit 
programs which comply with title V and requires EPA to stand ready to 
issue Federal operating permits when States fail to perform this duty. 
Section 502(b) of the Act requires EPA to promulgate regulations 
setting forth provisions under which States will develop operating 
permit programs and submit them to EPA for approval. Pursuant to this 
section, EPA promulgated 40 CFR part 70 on July 21, 1992 (57 FR 32250) 
which specifies the minimum elements of State operating permit 
programs.
    Pursuant to regulations promulgated by EPA on February 19, 1999 (64 
FR 8247) EPA has authority to establish part 71 programs within Indian 
Country and EPA began administering the program in Indian country on 
March 22, 1999. Since many Indian tribes lack the resources and 
capacity to develop operating permit programs, EPA will administer and 
enforce part 71 programs in the areas that comprise Indian Country in 
order to protect the air quality of areas under tribal jurisdiction.
    The EPA intends to protect tribal air quality through the 
development of implementation plans, permits programs and other means, 
including direct assistance to tribes in developing comprehensive and 
effective air quality management programs. The EPA will consult with 
tribes to identify their particular needs for air program development 
assistance and will provide ongoing assistance as necessary.
    The EPA will also issue permits to ``outer continental shelf'' 
(OCS) sources (sources located in offshore waters of the United States) 
pursuant to the requirements of section 328(a) of the Act. For sources 
beyond 25 miles (40 km) of the States' seaward boundaries, EPA is the 
permitting authority, and the provisions of part 71 will apply to the 
permitting of those OCS sources. Permits for sources located within 25 
miles of a State's seaward boundaries are issued by the Administrator 
(or a

[[Page 25323]]

State or local agency which has been delegated the OCS program in 
accordance with 40 CFR part 55 of this chapter) pursuant to the part 70 
or part 71 program which is effective in the corresponding onshore 
area.
    Investigation of the OCS ICR indicates currently there are only two 
OCS sources which fall under the jurisdiction of the Federal program. 
There are approximately 95 sources in Indian Country that require part 
71 permits.
    The EPA will also establish a part 71 program for a State when 
interim approval of a State program expires, if corrective program 
provisions have not been adopted and submitted to EPA in time for full 
approval. Since the suspension of the Federal program requirement runs 
out with the expiration of interim approval, the requirement that EPA 
promulgate a Federal program is effective immediately upon that 
expiration.
    The EPA has the authority to establish a partial part 71 program in 
limited geographical areas of a state if EPA has approved a part 70 
program (or combination of part 70 programs) for the remaining areas of 
the State. The EPA will promulgate a part 71 program for a permitting 
authority if EPA finds that a permitting authority is not adequately 
administering or enforcing its approved program and it fails to correct 
the deficiencies that precipitated EPA's finding.
    The EPA may use part 71 in its entirety or any portion of the 
regulations, as needed. Similarly, EPA may use only portions of the 
regulations to correct and issue a State permit without, for example, 
requiring an entirely new application. Section 71.4(f) also authorizes 
EPA to exercise its discretion in designing a part 71 program. The EPA 
may promulgate a part 71 program based on the national template 
described in part 71 or may modify the national template by adopting 
appropriate portions of a State's program as part of the Federal 
program for that State, provided the resulting program is consistent 
with the requirements of title V.
    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: The projected cost for implementing the part 71 
program for the 3 years from June 1, 2000 until May 31, 2003 is 
approximately $18 million in annualized direct costs to sources. These 
costs represent the direct administrative costs for 2,059 major 
sources, for a cost of $8,803 per source. The Agency expects Federal 
costs will be $19.8 million ($9,622 per source). The Agency anticipates 
administering a part 71 program for approximately 95 sources in Indian 
Country and the Outer Continental Shelf. The expected scope of the part 
71 program will result in an anticipated average per ton of emissions 
cost of $26.85 in 1994 dollars. For a permit program which is fully 
contracted by the Agency, the expected Federal cost would be $47.1 
million ($22,901 per source), or $63.89 per ton in 1994 dollars. These 
costs provide an upper and lower bound to the expected cost of the part 
71 regulation. The Agency anticipates that these burden estimates will 
change as the number of State and Local operating permitting programs 
to be administered by the Agency as Federal programs changes over time. 
These changes to the burden estimate will be reflected in the ICR 
document. 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.
    During the period of this ICR, EPA (in addition to general 
administration of the program) primarily will be issuing permits 
required by the program, revising permits that have already been 
issued, and reviewing semi-annual compliance monitoring reports for 
issued permits. Sources in the part 71 program primarily will be 
interacting with EPA on permit issuance (for those that have not been 
issued), preparing semi-annual compliance monitoring reports, revising 
their permits as needed, carrying out periodic monitoring that was 
created as a result of the program, and preparing applications for 
permit renewal as necessary.

    Dated: April 20, 2000.
Robert G. Kellam,
Acting Director, Information Transfer and Program Integration Division.
[FR Doc. 00-10767 Filed 4-28-00; 8:45 am]
BILLING CODE 6560-50-P