[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Notices]
[Pages 66515-66518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19376]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0079; FRL-8242-7]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; 8-Hour Ozone National Ambient Air Quality Standard 
Implementation Rule; EPA ICR No. 2236.02, OMB Control No. 2060-0594

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on April 30, 2007. 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 January 16, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0079, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: 202-566-1741.
     Mail: Attention Docket ID No. EPA-HQ-OAR-2003-0079, U.S. 
Environmental Protection Agency, EPA West (Air Docket), 1200 
Pennsylvania Avenue, Northwest, Mailcode: 6102T, Washington, DC 20460.
     Hand Delivery: U.S. Environmental Protection Agency, EPA 
West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334, 
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2003-0079. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.


    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to make hand deliveries or visit the 
Public Reading Room to view documents. Consult EPA's Federal 
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at 
http://www.epa.gov/epahome/dockets.htm for

[[Page 66516]]

current information on docket operations, locations and telephone 
numbers. The Docket Center's mailing address for U.S. mail and the 
procedure for submitting comments to www.regulations.gov are not 
affected by the flooding and will remain the same.


    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0079. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The www.regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. 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. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. {For additional information about EPA's public docket visit 
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: John Silvasi, Air Quality Policy 
Division, Office of Air Quality Planning and Standards, Mail Code C504-
03, Research Triangle Park, North Carolina 27711, telephone number 
(919) 541-3407, facsimile number (919) 541-5509, electronic mail e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    The EPA has established a public docket for this ICR under Docket 
ID No. EPA-HQ-OAR-2003-0079 established a public docket for each of the 
ICRs identified in this document (see the Docket ID. numbers for each 
ICR that are provided in the text, which is available for online 
viewing at www.regulations.gov, or in person viewing at the Air Docket 
in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room 
is open from 8 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 Docket is 202-566-1752.
    Use www.regulations.gov to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the 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 in this 
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it 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.

What Should I Consider When 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 and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

[Docket ID No. EPA-HQ-OAR-2003-0079]

    Affected entities: Entities potentially affected by this action are 
State and local governments and EPA Regional offices. There are other 
entities that may be indirectly affected, as they may comment on the 
draft submissions before they are forwarded to EPA's Regional Offices. 
These include potentially regulated entities, representatives of 
special interest groups, and individuals.
    Title: 8-hour Ozone National Ambient Air Quality Standard 
Implementation Rule.
    ICR numbers: EPA ICR No. 2236.02, OMB Control No. 2060-0594.
    ICR status: This ICR is currently scheduled to expire on April 30, 
2007. 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 title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers for certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: The Paperwork Reduction Act requires the information 
found in this Information Collection Request (ICR) number 2236.02, to 
assess the burden (in hours and dollars) of the 8-hour Ozone National 
Ambient Air Quality Standard Implementation (NAAQS) Rule as well as the 
periodic reporting and record keeping necessary to maintain the rule. 
The rule was proposed June 2, 2003 (68 FR 32802) and promulgated in two 
Phases: Phase 1 published April 30, 2004 (69 FR 23951) and Phase 2 
published November 29, 2005 (70 FR 71612). The preamble to the proposed 
and final regulation addressed the administrative burden in general 
terms. The preamble to the final Phase 2 rule stated that an ICR would 
be prepared (70 FR at 71692).

[[Page 66517]]

The rule includes requirements that involve collecting information from 
States with areas that have been designated nonattainment for the 8-
hour ozone NAAQS.
    The time period covered in this ICR is a three year period from May 
1, 2007 through April 30, 2010. The information collection milestones 
include State submission of an attainment demonstration State 
Implementation Plan (SIP), a Reasonable Further Progress (RFP) SIP 
submission, and a Reasonable Available Control Technology (RACT) SIP. 
However, not all of the milestones and associated burden and 
administrative cost estimates apply to every designated nonattainment 
area. Areas with cleaner air quality have fewer requirements.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 9,511 
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 which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 30.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 
30.
    Estimated total annual burden hours: 285,333 hours.
    Estimated total average annual costs per respondent: $316,720. This 
includes an estimated burden cost of $316,720 and an estimated cost of 
$0 for capital investment or maintenance and operational costs.

Additional Background on Burden Estimation Method

    The methodology and draft estimates of incremental administrative 
burden for this ICR are documented in a separate supporting statement 
in the docket. They were submitted to EPA's Ozone National Ambient Air 
Quality Standards Implementation Workgroup for their review and 
comment. This workgroup is comprised of representatives from EPA 
Regional Offices 1 through 9 as well as EPA's Offices of General 
Counsel, Policy-Economics and Innovation, and Air and Radiation 
(including the Offices of Transportation and Air Quality, Air Quality 
Planning and Standards, and Policy Analysis and Review).
    The workgroup provided constructive criticism on earlier drafts 
which resulted in clarifications to the methodology section, revisions 
to the categorization of non-attainment areas by regional office, and 
changes to the temporal allocation of regional office administrative 
burden. The workgroup reviewed the June 2006 ICR supporting statement 
which was forwarded to OMB's Office of Information and Regulatory 
Affairs. The workgroup believed there would be differences between the 
realized incremental administrative burden of the states and regional 
offices versus what was in the supporting statement. However, the 
estimates in the ICR supporting statement were judged to be appropriate 
(e.g. in the right ballpark).

Past Estimates of Burden and Comments Received

    In 1997, the Agency prepared a Regulatory Impact Analysis (RIA) for 
the 8-hour Ozone Standard promulgation. The RIA's estimated total 
incremental administrative burden for the states was 22,000 to 25,000 
hours.\1\ The incremental burden hour estimate developed in this ICR 
supporting statement is more than 800,000 hours. Differences between 
the estimates are the result of variations in the data inputs and 
presumed implementation framework. Here are some examples:
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    \1\ EPA's Regulatory Impact Analysis for the Revised Ozone and 
PM NAAQS and the Proposed Regional Haze Rule (http://www.epa.gov/ttn/oarpg/naaqsfin/ria.html) page 10-17, Table 10.6.
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     The Subpart 1 approach to implementation was envisioned 
for all 8-hour non-attainment areas when the 1997 RIA was prepared. The 
envisioned Subpart 1 approach was less prescriptive and would result in 
a lower administrative burden than the promulgated Phase I and Phase II 
implementation rules. Under those promulgated implementation rules, the 
more prescriptive Subpart 2 requirements apply to areas with the worst 
ozone problems.
     The burden estimates in the 1997 RIA presumed that the SIP 
activities being performed in areas that were in non-attainment with 
the 1-hour standard would also apply to the 8-hour standard. Hence, for 
these areas there would be a lower incremental burden associated with 
the 8-hour standard. The current supporting statement for this ICR 
presumes that, although the 1-hour SIP activities are helpful, they are 
not as relevant as previously assumed for developing a SIP for an 8-
hour standard. This is because SIP development efforts for the 8-hour 
standard require different emissions inventories, compliance and 
attainment timing, and regulatory baselines.
    The Agency (EPA) presented the 1997 RIA burden estimate ($1.1 
million) in the preamble to the proposed implementation rule (June 2, 
2003 (68 FR 32802)). Three comments were received during the public 
comment period regarding the dollar estimates of incremental burden.\2\ 
Two local air pollution control agencies in California representing 
subpart 2 non-attainment areas for the 8-hour standard commented that 
the $1.1 million dollar estimate as a total for all non-attainment 
areas was low. One local agency was in a subpart 2-marginal area for 
the 8-hour ozone standard. That local agency comment noted that their 
burden in developing the 1-hour SIP was more than $2 million. The other 
local agency was in a subpart 2-serious area for the 8-hour standard. 
That local agency noted that the cost of developing their 1-hour ozone 
SIP was more than $1 million. In this ICR supporting statement, EPA 
estimates that the average incremental burden for implementing the 8-
hour standard in the California Subpart 2 non-attainment areas is $1.1 
million in each area over the 3 year reporting period. See Table 5 and 
section 6(b). The EPA's estimates recognize that, although the 
environmental progress already realized in California is substantial, 
California's ozone non-attainment problems are generally more 
challenging than elsewhere in the United States.
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    \2\ See http://www.regulations.gov; docket documents EPA-HQ-OAR-
2003-0079-0140, EPA-HQ-OAR-2003-0079-0239, and EPA-HQ-OAR-2003-0079-
0260.
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    The third public comment on the 1997 RIA burden estimate came from 
the state of Texas. The commenter noted that the total burden for three 
8-hour ozone nonattainment areas (that include Houston, Dallas, and 
Beaumont) associated with developing and fulfilling outstanding 1-hour 
as well as 8-hour ozone SIP obligations could exceed $2.5 million. The 
EPA's estimate for two subpart 2 8-hour non-attainment areas in Texas 
in this ICR supporting

[[Page 66518]]

statement is $2.3 million over the 3 year reporting period. See Table 5 
and Section 6(b).
    The estimated incremental burden cost provided in this ICR is more 
consistent with the dollar burden estimates provided in the 3 
commenters than the previous estimates in the 1997 RIA.

What Is the Next Step in the Process for This ICR?

    The EPA will consider the comments received under this notice and 
amend the ICR as appropriate. The final ICR package will then be 
submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At 
that time, EPA will issue another Federal Register notice pursuant to 5 
CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and 
the opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: November 6, 2006.
Scott L. Mathias,
Acting Director, Air Quality Policy Division, Office of Air Quality 
Planning and Standards, Office of Air and Radiation.
[FR Doc. E6-19376 Filed 11-14-06; 8:45 am]
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