[Federal Register Volume 69, Number 105 (Tuesday, June 1, 2004)]
[Notices]
[Pages 30897-30901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12305]


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ENVIRONMENTAL PROTECTION AGENCY

[Docket ID Number OECA-2004-0024, FRL-7668-8]


Agency Information Collection Activities: Request for Comments on 
Source Compliance and State Action Reporting Proposed Information 
Collection Request (ICR)

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 
following existing, approved, continuing Information Collection 
Requests (ICR) to the Office of Management and Budget (OMB) for the 
purpose of renewing the ICR. Before submitting the ICR to OMB for 
review and approval, EPA is soliciting comments on specific aspects of 
the information collection as described at the beginning of 
SUPPLEMENTARY INFORMATION.

DATES: Comments must be submitted on or before August 2, 2004.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier service. Follow the detailed instructions 
as provided under SUPPLEMENTARY INFORMATION, section I.B.

FOR FURTHER INFORMATION CONTACT: The contact for this ICR is listed 
under SUPPLEMENTARY INFORMATION, section II. A.

SUPPLEMENTARY INFORMATION: 

[[Page 30898]]

I. General Information

A. How Can I Get Copies of the ICR Supporting Statement and Other 
Related Information?

    1. Docket. EPA has established official public dockets for this ICR 
as follows: Source Compliance and State Action Reporting Docket ID 
Number OECA-2004-0024, the official public docket for the ICR consists 
of the documents specifically referenced in the ICR, any public 
comments received, and other information related to the ICR. Although a 
part of the official docket, the public docket does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public docket for the 
ICR is the collection of materials that is available for public viewing 
at the Enforcement and Compliance Docket and Information Center in the 
EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution 
Avenue, 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 Enforcement and Compliance 
Docket and Information Center Docket is (202) 564-1927.
    2. Electronic Access. You may access this document electronically 
through the EPA Internet under the Federal Register listings at http://www.epa.gov/fedrgstr/. You may use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public comments, access the index listing of 
the contents of the official public docket, and to access those 
documents in the public docket that are available electronically. After 
entering the system, select ``search,'' then key in the docket 
identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI, and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in section I.A.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy on 
public comment (whether submitted electronically or in paper) will be 
made available for public viewing in EPA's electronic public docket as 
EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose 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 EPA's electronic public 
docket. The entire printed comment, including the copyrighted material, 
will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket, 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier service. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider late comments in formulating a final decision. If 
you wish to submit CBI or information that is otherwise protected by 
statute, please follow the instructions in section I.C. Do not use EPA 
Dockets or e-mail to submit CBI or information protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD-ROM you submit, and in any cover letter accompanying 
the disk or CD-ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' After 
entering the system, select ``search,'' and then key in Docket ID 
Number. The system is an ``anonymous access'' system, which means EPA 
will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Provide the Docket ID Number when submitting your 
comments. In contrast to EPA's electronic public docket, EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly to the Docket without going through EPA's electronic 
public docket, EPA's e-mail system automatically captures your e-mail 
address. E-mail addresses that are automatically captured by EPA's e-
mail system are included as part of the comment that is placed in the 
official public docket, and made available in EPA's electronic public 
docket.
    iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM 
that you mail to the mailing address identified in section I.A.1. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format.

[[Page 30899]]

Avoid the use of special characters and any form of encryption.
    2. By Mail. Send your comments to the EPA Docket Center using the 
address provided in section I.A.1.; Attention: Docket ID Number OECA-
2004-0024.
    3. By Hand Delivery or Courier Service. Deliver your comments to 
the address provided in section I.A.1; Attention: Docket ID Number 
(provide number). Such deliveries are only accepted during the Docket's 
normal hours of operation as identified in section I.A.1.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. 
Send or deliver information identified as CBI only to the contact 
individuals listed in section II.C.; Attention: Docket ID Number 
(provide number). You may claim information that you submit to EPA as 
CBI by marking any part or all of that information as CBI. If you 
submit CBI on disk or CD-ROM, mark the outside of the disk or CD-ROM as 
CBI, and then identify within the disk or CD-ROM the specific 
information that is CBI. Information so marked will not be disclosed 
except in accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
a copy that does not contain CBI on disk or CD-ROM, mark the outside of 
the disk or CD-ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified under the section titled FOR FURTHER INFORMATION 
CONTACT.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    (1) Explain your views as clearly as possible.
    (2) Describe any assumptions that you used.
    (3) Provide any technical information and/or data you used that 
support your views.
    (4) If you estimate potential burden, costs, or benefits explain 
how you arrived at your estimate.
    (5) Provide specific examples to illustrate your concerns.
    (6) Offer alternatives.
    (7) Make sure to submit your comments by the comment period 
deadline identified.
    (8) To ensure proper receipt by EPA, identify the appropriate 
docket identification number in the subject line on the first page of 
your response. It would also be helpful if you provided the name, date, 
and Federal Register citation related to your comments.

E. In What Information Is EPA Particularly Interested?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (1) Evaluate whether the proposed collections of information are 
necessary for the proper performance of the functions of the Agency, 
the regulated community and public, including whether the information 
will have practical utility.
    (2) Evaluate the accuracy of the Agency's estimates of the burdens 
of the proposed collections of information.
    (3) Enhance the quality, utility, and clarity of the information to 
be collected.
    (4) Minimize the burden of the collections of information on those 
who are to respond, including through the use of appropriate automated 
or electronic collection technologies or other forms of information 
technology, e.g., permitting electronic submission of responses.
    Burden means the total time, effort, or financial resources 
expended by state/local/tribal agencies to generate, maintain, retain, 
or disclose or provide information to EPA as required for oversight of 
the air compliance and enforcement program. 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.

II. ICR To Be Renewed

    In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.), this notice announces that EPA is planning to submit the 
continuing Information Collection Request (ICR) for Source Compliance 
and State Action Reporting; Docket ID Number OECA-2004-0024; EPA 
Preliminary ICR Number 0107.08; OMB Control Number 2060-0096; 
expiration date January 31, 2005, to the Office of Management and 
Budget (OMB).
    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 
standards are displayed in 40 CFR part 9.
    The underlying information collection requirements for Source 
Compliance and State Action Reporting, as required by 40 CFR part 51, 
subpart Q, are mandatory. In the absence of such information collection 
requirements, enforcement personnel would be unable to determine 
whether the standards are being met on a continuous basis, as required 
by the Clean Air Act.
    The Agency computed the burden for the recordkeeping and reporting 
requirements applicable to the affected entities for the currently 
approved Information Collection Request listed in this notice. Where 
applicable, the Agency identified specific tasks and made assumptions, 
while being consistent with the concept of the Paperwork Reduction Act.

A. Contact Individual for ICR

    Source Compliance and State Action Reporting: Dan Holic of the Data 
Systems and Information Management Branch at (202) 564-7117, or via e-
mail at [email protected]; EPA ICR Number 0107.08; OMB Number 2060-
0096; expiration date January 31, 2005.

B. Information for ICR

    Source Compliance and State Action Reporting; Docket ID Number 
OECA-2004-0024; EPA Preliminary ICR Number 0107.08; OMB Control Number 
2060-0096; expiration date January 31, 2005.
    Affected Entities: Entities potentially affected by this action are 
those State, District, Commonwealth and territorial governments that 
make air compliance information available to EPA on a routine basis via 
input to the Air Facility System (AFS), previously known as the 
Aerometric Information Retrieval System Facility Subsystem (AFS).
    Abstract: Source Compliance and State Action Reporting, in 
accordance

[[Page 30900]]

with the requirements promulgated at 40 CFR part 51, subpart Q, is an 
activity whereby State, District, Commonwealth and territorial 
governments make air compliance information available to EPA on a 
routine basis via input to the Air Facility System (AFS). The 
information provided to EPA includes compliance determinations and 
compliance activities. EPA uses this information to assess progress 
toward meeting emission requirements developed under the authority of 
the Clean Air Act to protect and maintain the atmospheric environment 
and the public health. The ten EPA Regional Offices access the data in 
AFS to assist them in the management and oversight of State/Local/
Tribal air pollution control programs. Some State agencies use AFS to 
manage their air pollutant control program. The regulated community and 
general public also access these data through an EPA Web site entitled 
Enforcement and Compliance Online (ECHO) (www.epa.gov/echo). This 
collection activity is authorized and required in the following 
subsections of regulations implementing the Clean Air Act under 
``Subpart--Q Reports'' in 40 CFR part 51: Sec. Sec.  51.323(c)(1), 
51.323(c)(2), 51.324(a) and (b), and 51.327.
    In addition to renewal, this ICR will be updated to take into 
account the reporting needs associated with several Agency policies and 
rules. The potential new reporting requirements include:
    A Subpart Identifier in the Air Program record for Maximum 
Achievable Control Technology (MACT), New Source Performance Standards 
(NSPS) and the National Emission Standards for Hazardous Air Pollutants 
(NESHAP). Approximately 90 MACT rules have been promulgated since 1990 
(40 CFR part 63) and four additional rules are to be promulgated in 
2004. Compliance dates are in place for approximately 43 MACT 
Standards. Fifty-five additional area source standards are to be 
promulgated (112k--Urban Air Toxics Strategy) between 2005 and 2010. 
This significant increase of Clean Air Act regulations has underscored 
the need for better targeting of affected facilities within the Air 
Compliance/Enforcement Program. Knowing the specific Subpart to which a 
facility is subject will significantly enhance our ability to target 
limited resources on the most environmentally significant sources. 
Subpart identification also will help the EPA and state/local agencies 
to establish compliance rates. In order to reduce immediate 
implementation impact, it is recommended that when a Full Compliance 
Evaluation is conducted, an update of the applicable air program 
Subparts in AFS should be completed. This will streamline data entry 
for State/Local/Tribal agencies not previously reporting subpart 
information in AFS. Subpart Identifiers will also aid in the targeting 
of existing NSPS and NESHAP sources.
    Reporting of Partial Compliance Evaluations (PCEs) and the addition 
of the pollutant value to Stack Test actions (Action Pollutant Record--
states to report the action multiple times, e.g., once for each 
pollutant): Due to the concerns expressed by State and local air 
pollution control agencies regarding additional reporting burden, the 
reporting of PCEs was made optional when the revised CMS policy was 
initially implemented in 2001. As we have passed the first two year 
cycle in implementing the revised policy, we now need to revisit the 
issue of reporting such information into the national data system. The 
Agency continues to believe that the reporting of PCEs and the results 
of stack testing on a pollutant level is essential to adequately 
portray the range of compliance monitoring activities conducted by 
States and locals; manage a national program; improve data accuracy 
providing the public with a more accurate and complete assessment of 
compliance status. Analyses conducted for the current ICR estimated the 
overall burden of reporting PCEs to be 70,000 burden hours. However, 
based on the level of voluntarily reported PCEs (during fiscal year 
2003 thirty-nine (39) state agencies reported PCEs to AFS) and 
anecdotal information from the Regions and States, we believe that this 
number is inaccurate and that the reporting of PCEs would not impose 
such a significant burden on States. Reporting the results of stack 
tests at the pollutant level addresses a programmatic deficiency 
(identified by the EPA Inspector General in a report on stack testing--
``Report of EPA's Oversight of State Stack Testing Program''--(Report 
number 2000-P-00019) dated September 11, 2000, (http://epa.gov/oig/reports/2000/stack.pdf)) by removing the inconsistent reporting of 
stack tests. Without consistent reporting, the information is of 
limited utility in evaluating the level of activity; obtaining 
information on the ability of sources to comply with regulations; and 
tracking compliance status for specific pollutants that contribute to 
non-attainment designation. The benefits of pollutant level reporting 
of stack tests outweigh any possible reporting burden. At a minimum, 
$5,000 and 4 days are expended by sources required to conduct a stack 
test. Spending the approximately 2-3 minutes to enter the data from the 
stack test and another minute for each additional pollutant tested at 
the same facility captures important information and prevents the loss 
of data that was obtained from an expensive effort. Consistent with the 
need for subpart information discussed under the Subpart Identifier 
requirement, this information would be provided for all stack tests.
    Permit Program Data Elements (Date Permit Issued, Permit Number, 
Category): Permit Issuance data is critical for implementing and 
managing the Title V program. Knowing when a facility has been issued a 
Title V permit is essential for determining the universe of facilities 
subject to Title V requirements. Without the reporting of permit data, 
not all State/local/tribal activity is captured, hindering the ability 
to provide full recognition of the regulated universe.
    Identification of High Priority Violator (HPV) ``Violation 
Discovered'' date/activity: The HPV policy (located at URL: http://www.epa.gov/Compliance/resources/policies/civil/caa/stationary/hpvmanualrevised.pdf) sets a 30-90 day window for HPV determination, 
however, there is not an existing dataflow which documents the 
``violation Determined'' or ``first occurrence'' date that initiates 
the HPV timeline process and allows EPA to measure whether this policy 
is being followed. Incorporating this milestone action is responsive to 
data requests made internally and externally regarding the need to 
better explain the results of inspections/evaluations. Though 
violations meeting the HPV requirements can be determined by methods 
other than inspection or evaluation, the link between compliance 
activities and HPV is critical. A defined list of current action types 
will be given this ``Violation Discovery'' attribute so as to provide 
consistent analysis. A simple process will be defined to handle 
multiple actions (e.g., Full Compliance Evaluations (FCE), Partial 
Compliance Evaluations (PCE), and other routine compliance monitoring 
activities) since the first action may not necessarily be the basis for 
Day Zero.
    HPV Violation Type Code and Violating Pollutants (VTP1: General, 
Matrix and Discretionary Criteria) and (VPL1: Violating Pollutants): As 
a result of OIG investigations (September 25, 1998 OIG report entitled 
``Consolidated Report on OECA's Oversight of Regional and State Air 
Enforcement Programs recommendations 1, 4, 5, 6 and 7'' (http://
www.epa.gov/oig/reports/1998/

[[Page 30901]]

8100244e.htm)) and Government Performance and Results Act (GPRA) 
requirements (GPRA Goal 5--Compliance and Environmental Stewardship; 
Objective 1: Improve Compliance), the Agency has found a need to 
evaluate and measure priority enforcement in terms of `environmental 
harm', pollutant loadings deterred through enforcement, etc. In 
addition, the public, regulated facilities, and environmental advocates 
have formally requested this type of information. Both the Clean Water 
Act (CWA) and RCRA programs and their databases (Permit Compliance 
System (PCS) and RCRAInfo) have sophisticated reporting and tracking of 
either pollutants violated or violating types/definitions or both. 
Clean Air Act HPV tracking has only two methods of tracking this 
information and neither HPV Violation Type Codes or Violating 
Pollutants are required to be reported as a Minimum Data Requirement 
(MDR). There are several advantages to these data elements. Not only do 
they provide insight to potential environmental harm, but they can 
provide details about the extent of the violations (e.g., percentage of 
excess emissions above legal limit). These data elements can also 
provide a clear connection to the HPV Policy and, therefore, make it 
easier to evaluate implementation. Both of these data elements are 
entered on the AFS `Day Zero' record/menu screen and would be entered 
at the same time as the HPV Day Zero; thereby, not requiring a new 
update session in AFS. Consistent with the need for Subpart information 
discussed under the first potential new data requirement, this 
information would be provided for all new HPV violations.
    Time Standard for State/Local Reporting (from 90 day to 30 day 
standard): With the public release of AFS data, and more timely 
reporting requirements placed upon EPA through the Government 
Performance and Results Act (GPRA), real time data is demanded. Moving 
from a 90 to a 30 day minimum reporting frequency is an attempt to move 
toward maintaining real time data in AFS, and meeting public demand. 
Allowing for 90 days to report is inconsistent with the greater 
emphasis the Agency is placing on timely input of data. Having data lag 
for 90 days negatively impacts the ability to conduct on-going 
analysis. In addition to not meeting public demand, this lag in data 
reporting can also cause the public to be misled because inaccurate (or 
at least old, out of date) data ends up appearing in public on web 
sites such as the Enforcement Compliance History Online (ECHO) system 
which can lead to inaccurate conclusions being made regarding State 
compliance monitoring and enforcement program performance.
    Burden Statement: In the previously approved ICR, the average 
annual burden to covered entities to meet the recordkeeping and 
reporting requirements was estimated at 85,496 person-hours for the 
three years following approval of that ICR. The total annualized cost 
burden was estimated as $2,669,186. This is based on an estimated 89 
respondents and a frequency of at least four times per year, with many 
reporting more frequently. The average annual burden for reporting per 
source per response for reporting activities is dependent upon the size 
of the State. A State with a small universe of federally reportable 
sources (150 major sources or less) spends an average 85 hours per 
quarter; a medium-sized universe of sources (having between 151 and 499 
major sources) spends an average 337 hours per quarter; and a State 
with a large universe of sources (having more than 500 major sources) 
spends an average 586 hours per quarter. In order to estimate the 
burden that would be added by the proposed new MDR's, EPA will take all 
comments into consideration. In addition, a representative number state 
and local agencies will be contacted for their input.

    Dated: May 24, 2004.
Michael M. Stahl,
Director, Office of Compliance.
[FR Doc. 04-12305 Filed 5-28-04; 8:45 am]
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