[Federal Register Volume 72, Number 27 (Friday, February 9, 2007)]
[Notices]
[Pages 6233-6235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2180]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2004-0015 and EPA-HQ-OAR-2004-0016; FRL-8277-3]


Agency Information Collection Activities; Proposed Collections; 
Comment Request; Part 70 Operating Permit Regulations, EPA ICR No. 
1587.07, OMB Control No. 2060-0243; Part 71 Federal Operating Permit 
Regulations, EPA ICR No. 1713.06, OMB Control No. 2060-0336

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 two existing approved Information Collection 
Requests (ICRs) to the Office of Management and Budget (OMB). These 
ICRs are scheduled to expire on March 31, 2007. Before submitting these 
ICRs 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 April 10, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0015 (part 70 ICR) or EPA-HQ-OAR-2004-0016 (part 71 ICR), by 
one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Fax: (202) 566-7944.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center (EPA/DC), Air and Radiation Docket Information Center, 1200 
Pennsylvania Avenue, NW., Mail Code 2822T, Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA West, Room 3334, 
1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries 
are accepted only during the Docket's normal hours of operation--8:30 
a.m. to 4:30 p.m., Monday through Friday. Special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2004-0015 or EPA-HQ-OAR-2004-0016. EPA's policy is that all comments 
received will be included in the public docket without change and may 
be made available online at http://www.regulations.gov including any 
personal information provided, unless the comment includes information

[[Page 6234]]

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 to be protected 
through www.regulations.gov or e-mail. The www.regulations.gov Web site 
is an ``anonymous access'' system, which means we 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 us 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, we recommend 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, we may 
not be able to consider your comment. Electronic files should avoid the 
use of special characters or any form of encryption and be free of any 
defects or viruses. For additional information about the EPA public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Jeff Herring, Office of Air Quality 
Planning and Standards, Air Quality Policy Division (C504-05), U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711; 
telephone number: (919) 541-3195; fax number: (919) 541-5509; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

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

    The EPA has established public dockets for these ICRs under Docket 
ID Nos. EPA-HQ-OAR-2004-0015 (part 70 ICR) and EPA-HQ-OAR-2004-0016 
(part 71 ICR) which are available for online viewing at http://www.regulations.gov, or in person viewing at the Air and Radiation 
Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 
Constitution Avenue, NW., Washington, DC 20004. The EPA/DC 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.
    Use www.regulations.gov to obtain a copy of the draft collections 
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 numbers identified 
in this document.

What Information Particularly Interests EPA?

    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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that
    EPA could make to reduce the paperwork burden for very small 
businesses affected by this collection.

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 numbers assigned to these actions in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

To What Information Collection Activity or ICR Does This Apply?

Docket ID Nos. EPA-HQ-OAR-2004-0015 (part 70 ICR) and EPA-HQ-OAR-
2004-0016 (part 71 ICR).

    Affected entities: Entities potentially affected by this action are 
those which must apply for and obtain an operating permit under title V 
of the Clean Air Act (Act). These, in general, include sources which 
are defined as ``major'' under any title of the Act.
    Titles: Part 70 Operating Permit Regulations; Part 71 Federal 
Operating Permit Regulations.
    ICR numbers: For the part 70 regulations, EPA ICR No. 1587.07 and 
OMB Control No. 2060-0243. For the part 71 regulations, EPA ICR No. 
1713.05 and OMB Control No. 2060-0336.
    ICR status: These ICRs are currently scheduled to expire on March 
31, 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 in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: Title V of the Act requires States to develop and 
implement a program for issuing operating permits to all sources that 
fall under any Act definition of ``major'' and certain other non-major 
sources that are subject to Federal air quality regulations. The Act 
further requires EPA to develop regulations that establish the minimum 
requirements for those State operating permits programs, to oversee 
implementation of the State programs, and to operate a Federal 
operating permits program in areas not subject to an approved State 
program.
    The EPA regulations setting forth requirements for the State 
operating permits programs are at part 70, title 40, chapter I of the 
Code of Federal Regulations. These are referred to as the ``Part 70 
Operating Permit Regulations,'' which are the subject of one of the 
ICRs addressed in this notice. The EPA regulations for the Federal 
operating permits program are at part 71, title 40, chapter I of the 
Code of Federal

[[Page 6235]]

Regulations. These are referred to as the ``Part 71 Federal Operating 
Permit Regulations,'' which are the subject of the second ICR addressed 
in this notice. The part 71 program is being implemented for sources 
located in Indian country, Outer Continental Shelf sources, and in 
areas that do not have part 70 programs.
    In implementing title V of the Act and EPA's part 70 operating 
permits regulations, State and local permitting agencies must develop 
programs and submit them to EPA for approval (section 502(d)), and 
sources subject to the program must develop operating permit 
applications and submit them to the permitting authority within 1 year 
after program approval (section 503). Permitting authorities will then 
issue permits (section 503(c)) and thereafter enforce, revise, and 
renew those permits at no more than 5-year intervals (section 502(d)). 
Permit applications and proposed permits will be provided to, and are 
subject to review by, EPA (section 505(a)). All information submitted 
by a source and the issued permit shall also be available for public 
review except for confidential information which will be protected from 
disclosure (section 503(e)). Sources will semi-annually submit 
compliance monitoring reports to the permitting authorities (section 
504(a)). The EPA has the responsibility to oversee implementation of 
the program and to administer a Federal operating permits program in 
the event a program is not approved for a State (section 502(d)(3)) or 
if EPA determines the permitting authority is not adequately 
administering its approved program (section 502(i)(4)). The activities 
to carry out these tasks are considered mandatory and necessary for 
implementation of title V and the proper operation of the operating 
permits program. This notice provides updated burden estimates from 
previously approved ICRs.
    Burden Statement: The annual public reporting and recordkeeping 
burden for the part 70 collection of information is estimated to 
average 248 hours per permitted source, and the annual burden for 
permitting authorities to administer a part 70 program is estimated to 
average 10,179 hours. The annual public reporting and recordkeeping 
burden for the part 71 collection of information is estimated to 
average 221 hours per permitted source.

Are There Changes in the Estimates From the Last Approval?

    There is an increase of 206 thousand hours in the part 70 total 
estimated respondent annual burden compared with that identified in the 
ICR currently approved by OMB. This increase in part 70 burden for 
sources and permitting authorities is an adjustment due to changes in 
burden estimates, primarily an increase in permit renewal activities. 
These changes in burden are not program changes, as no federal 
mandates, including the part 70 and part 71 regulations, have changed 
in any way that would affect these ICRs since the last ICR updates.
    For the part 71 program, there is a decrease of 22 thousand hours 
in the total estimated annual burden compared with that identified in 
the ICR currently approved by OMB. This burden reduction is also an 
adjustment, due to changes in assumptions, primarily due to a reduction 
in expected EPA oversight activities for delegated part 71 programs.

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

    The EPA will consider the comments received and amend the ICRs as 
appropriate. The final ICR packages 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 ICRs to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about these ICRs or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: January 31, 2007.
Jenny Noonan Edmonds,
Acting Director, Office of Air Quality Planning and Standards.
 [FR Doc. E7-2180 Filed 2-8-07; 8:45 am]
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