[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Notices]
[Pages 40897-40898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15343]


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ENVIRONMENTAL PROTECTION AGENCY

[OAR-2004-0065; FRL-7782-6]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Application Requirements for the 
Approval and Delegation of Federal Air Toxics Programs to State, 
Territorial, Local, and Tribal Agencies (Renewal), ICR Number 1643.05, 
OMB Number 2060-0264

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 an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on June 30, 2004. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
This ICR describes the nature of the information collection and its 
estimated burden and cost.

DATES: Additional comments may be submitted on or before August 6, 
2004.

ADDRESSES: Submit your comments, referencing docket ID number OAR-2004-
0065 to (1) EPA online using EDOCKET (our preferred method), by e-mail 
to [email protected], or by mail to: Environmental Protection 
Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket and 
Information Center, Mail Code 6102T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, and (2) OMB at: Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Attention: 
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Whitlow, Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
Mail Code C439-04, Research Triangle Park, NC 27711; telephone number 
919-541-5523; fax number 919-541-0942; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On April 30, 2004 (69 FR 23739), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments.
    EPA has established a public docket for this ICR under Docket ID 
No. 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 submit or view public comments, to 
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 and OMB 
within 30 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, confidential business 
information (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 www.epa.gov/edocket.
    Title: Application Requirements for the Approval and Delegation of 
Federal Air Toxics Programs to State, Territorial, Local, and Tribal 
Agencies (Renewal).
    Abstract: This information collection is a voluntary application 
from State, Territorial, Local, and Tribal Agencies (S/L/Ts) for 
delegation of regulations developed under section 112 of the Clean Air 
Act (CAA). In the time frame for this submittal, the EPA estimates 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 part 
63, subpart E, in accordance with section 112(l) of the CAA.
    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

[[Page 40898]]

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.
    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 and are identified on 
the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 
41,577 hours per response. 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; to 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; to train personnel to be able to respond 
to a collection of information; to search data sources; to complete and 
review the collection of information; and to transmit or otherwise 
disclose the information.
    Respondents/Affected Entities: Entities potentially affected by 
this action are State, territorial, local, or tribal agencies (SLTs).
    Estimated Number of Respondents: 124.
    Frequency of Response: One time per request for substitution.
    Estimated Total Annual Hour Burden: 41,577.
    Estimated Total Annual Cost: $1,816,490, which includes $1,790,760 
annual labor costs, $25,720 total annual capital costs, and $0 O&M 
costs.
    Changes in the Estimates: There is a decrease of 95,972 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This decrease is due to a program adjustment. The 
following discussion explains these changes. The changes in burden are 
related to four main changes: (1) A reduced number of occurrences 
related to the number of participating S/L/Ts and the number of NESHAP 
delegated; (2) a change in the distribution of S/L/Ts using each 
option; (3) the assumption that some portions of the subpart E program 
will not be used over the next 3 years; and (4) the reduction of hours 
per occurrence related to overall program approval.

    Dated: June 9, 2004.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 04-15343 Filed 7-6-04; 8:45 am]
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