[Federal Register Volume 69, Number 176 (Monday, September 13, 2004)]
[Notices]
[Pages 55152-55153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20600]


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ENVIRONMENTAL PROTECTION AGENCY

[OAR-2004-0016, FRL-7811-8]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Federal Operating Permit 
Regulations (40 CFR Part 71) (Renewal), ICR Number 1713.05, OMB Number 
2060-0336

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 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 October 31, 
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 October 13, 
2004.

ADDRESSES: Submit your comments, referencing docket ID number OAR-2004-
0016, 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 Avenue, 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: A. Scott Voorhees, Ph.D., Office of 
Air Quality Planning and Standards, U.S. Environmental Protection 
Agency, Mail Code C304-04, Research Triangle Park, NC 27711; telephone 
number: (919) 541-5348; fax number: (919) 541-5509; 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 March 23, 2004 (69 FR 13522), 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 
number OAR-2004-0016, 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 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 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, 
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 http://www.epa.gov/edocket.
    Title: Federal Operating Permit Regulations (40 CFR part 71) 
(Renewal).
    Abstract: The part 71 program is a Federal operating permits 
program that is being implemented for sources

[[Page 55153]]

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 is currently 
administering and enforcing 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 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 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, 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 14 
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; 
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.
    Respondents/Affected Entities: Major air pollution sources subject 
to part 71 programs.
    Estimated Number of Respondents: 105.
    Frequency of Response: Semi-annually, annually, and on occasion.
    Estimated Total Annual Hour Burden: 24,077 hours.
    Estimated Total Annual Costs: $1,165,475, which includes $0 
annualized capital/startup costs, $0 annual O&M costs, and $1,165,475 
annual labor costs.
    Changes in the Estimates: There is an increase of 8,754 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase results from all 95 Indian country 
sources having been already permitted compared to just 30 sources in 
the previous burden estimate three years ago. Consequently, permit 
revisions will occur for a larger subset of sources and renewal 
activities will occur for the first time. This increase thus results 
from adjustments to the estimates.

    Dated: August 31, 2004.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 04-20600 Filed 9-10-04; 8:45 am]
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