[Federal Register Volume 69, Number 84 (Friday, April 30, 2004)]
[Notices]
[Pages 23739-23740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9866]


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ENVIRONMENTAL PROTECTION AGENCY

[OAR-2004-0065, FRL-7655-9]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Application Requirements for the Approval and 
Delegation of Federal Air Toxics Programs to State, Territorial, Local, 
and Tribal Agencies, EPA ICR Number 1643.05, OMB Control Number 2060-
0264

AGENCY: Environmental Protection Agency.

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 a 
continuing Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on June 30, 2004. 
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 29, 2004.

ADDRESSES: Submit your comments, referencing docket ID number OAR-2004-
0065, to EPA online using EDOCKET (our preferred method), by e-mail to 
[email protected], or by mail to: EPA Docket Center, Environmental 
Protection Agency, Air and Radiation Docket and Information Center, 
Mail Code 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Ms. Maria Noell, Office of Air Quality 
Planning and Standards, U.S. Environmental Protection Agency, Mail Code 
C504-04, Research Triangle Park, NC 27711; telephone number: (919) 541-
5607; fax number: (919) 541-3470; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OAR-2004-0065, which is available for public 
viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/
DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. 
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Reading Room is (202) 566-1744, and the 
telephone number for the Air and Radiation Docket is (202) 566-1742. An 
electronic version of the public docket is available through EPA 
Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to obtain 
a copy of the draft collection of information, submit or view public 
comments, access the index listing of the contents of the public 
docket, and to access those documents in the public docket that are 
available electronically. Once in the system, select ``search,'' then 
key in the docket ID number identified above.
    Any comments related to this ICR should be submitted to EPA within 
60 days of this notice. EPA's policy is that public comments, whether 
submitted electronically or in paper, will be made available for public 
viewing in EDOCKET as EPA receives them and without change, unless the 
comment contains copyrighted material, CBI, or other information whose 
public disclosure is restricted by statute. When EPA identifies a 
comment containing copyrighted material, EPA will provide a reference 
to that material in the version of the comment that is placed in 
EDOCKET. The entire printed comment, including the copyrighted 
material, will be available in the public docket. Although identified 
as an item in the official docket, information claimed as CBI, or whose 
disclosure is otherwise restricted by statute, is not included in the 
official public docket, and will not be available for public viewing in 
EDOCKET. For further information about the electronic docket, see EPA's 
Federal Register notice describing the electronic docket at 67 FR 38102 
(May 31, 2002), or go to http://www.epa.gov./edocket.
    Affected entities: Entities potentially affected by this action are 
State, territorial, local, or tribal agencies (S/L/Ts) that are seeking 
to obtain delegation of Federal section 112 standards developed by EPA 
under the Clean Air Act (CAA).
    Title: Application Requirements for the Approval and Delegation of 
Federal Air Toxics Programs to State, territorial, local, and tribal 
Agencies.
    Abstract: This information collection is a voluntary application 
from S/L/Ts for delegation of regulations developed under section 112 
of the Clean Air Act (CAA). In the time frame for this submittal, we, 
the EPA, estimate that the majority of the delegated regulations will 
be those developed under section 112(d) of the CAA. The procedures and 
requirements that the S/L/Ts will use to request the delegations are 
codified as 40 CFR 63, subpart E, in accordance with section 112(l) of 
the CAA.

[[Page 23740]]

    The subpart E regulations contain the following five options for 
delegation:
     Straight delegation;
     Rule adjustment;
     Rule substitution;
     Equivalency by permit;
     State program approval.

Straight delegation is the option where the respondents, S/L/Ts, choose 
to accept delegation of a section 112 provision and to implement and 
enforce the provision as written. The S/L/Ts may use the rule 
adjustment option when they want to substitute a rule and/or 
requirement that is unequivocally no less stringent than the otherwise 
applicable section 112 standard, such as a part 63 national emission 
standards for hazardous air pollutants (NESHAP). They may use rule 
substitution when they wish to substitute individual rules and/or 
requirements in place of the otherwise applicable section 112 standard. 
They may use the equivalency by permit option when they wish to 
substitute operating permit terms and conditions for a section 112 
standard; this option is only applicable to a limited number of sources 
using title V permit terms and conditions. Finally, S/L/Ts may use the 
State program approval option if they want to substitute their overall 
air toxics program for the Federal air toxics program; i.e., the 
section 112(d) standards.
    The delegation options vary in the types of changes allowed, the 
level of demonstration required, and the amount of time and process 
needed to implement them. Respondents must submit any packages 
requesting delegation to their EPA Regional office. We must then review 
and approve, partially approve, or disapprove the request based on the 
subpart E approval criteria. The request may only take effect after our 
approval (or partial approval of a subset of the request), public 
notice, and, in some cases, public comment.
    The information is needed and used to determine if the entity 
submitting an application has met the criteria established in the 
subpart E rule. This information is necessary for the Administrator to 
determine the acceptability of approving the S/L/T's rules, 
requirements, or programs in lieu of the Federal section 112 rules or 
programs. The collection of information is authorized under 42 U.S.C. 
7401-7671q.
    All information submitted to us for which a claim of 
confidentiality is made will be safeguarded according to the policies 
set forth in title 40, chapter 1, part 2, subpart B, Confidentiality of 
Business Information. See 40 CFR; 41 FR 36902, September 1, 1976; 
amended by 43 FR 3999, September 8, 1978; 43 FR 42251, September 28, 
1978; and 44 FR 17674, March 23, 1979. Even where we have determined 
that data received in response to an ICR is eligible for confidential 
treatment under 40 CFR part 2, subpart B, we may nonetheless disclose 
the information if it is ``relevant in any proceeding'' under the 
statute [42 U.S.C. 7414(c); 40 CFR 2.301(g)]. The information 
collection complies with the Privacy Act of 1974 and Office of 
Management and Budget Circular 108.
    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 in 40 CFR are listed in 40 CFR part 9.
    We 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 to S/L/Ts for implementing the 
subpart E program for the 3 years from July 1, 2004, until June 30, 
2007, is approximately $2.7 million in annualized labor and document 
copying and mailing expenses. The overall burden is based on an 
assumption that 20 NESHAP developed under section 112(d) will be 
available for delegation in the 3-year period covered by this clearance 
request. We also assume that 124 S/L/Ts will request to receive this 
delegation using one of the five subpart E delegation options. In 
addition, up to 75 NESHAP are expected to be delegated by EPA Region 6 
to two agencies within this time period as well. This results in an 
average of 1,008 responses per year and a total average annual burden 
of 41,577 hours. The average burden per application (e.g., request for 
delegation) is 41 hours, for a cost of $2,648. We expect average annual 
Federal costs will be 32,731 hours and $1.5 million (32 hours and 
$1,476 per delegation request). We anticipate that these burden 
estimates will change as the number of standards available for 
delegation are promulgated and as S/L/T programs develop to the extent 
they wish to request permission to substitute them for the Federal 
program. 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.

    Dated: April 26, 2004.
Penny Lassiter,
Acting Director, Emissions Standards Division.
[FR Doc. 04-9866 Filed 4-29-04; 8:45 am]
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