[Federal Register Volume 72, Number 230 (Friday, November 30, 2007)]
[Notices]
[Pages 67720-67722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23296]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2004-0081; FRL-8500-1]


Agency Information Collection Activities; Proposed Collections; 
Comment Request; Prevention of Significant Deterioration and 
Nonattainment Area New Source Review (Renewal), EPA ICR No. 1230.17, 
OMB Control No. 2060-0003

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 January 31, 2008. Before submitting this 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 29, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0081, 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-
2004-0081. EPA's policy is that all comments

[[Page 67721]]

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 
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: Carrie Wheeler, 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) 541-9771; fax number: (919) 541-5509; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: 

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

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2004-0081 which is available for online viewing at 
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 No. EPA-HQ-OAR-2004-0081.

    Affected entities: Entities potentially affected by this action are 
those which must apply for and obtain a preconstruction permit under 
parts C or D of title I of the Clean Air Act (Act).
    Title: Prevention of Significant Deterioration and Nonattainment 
Area New Source Review (Renewal).
    ICR number: EPA ICR No. 1230.17, OMB Control No. 2060-0003.
    ICR status: This ICR is scheduled to expire on January 31, 2008. 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: Part C of the Clean Air Act (Act)--``Prevention of 
Significant Deterioration,'' and Part D--``Plan Requirements for 
Nonattainment Areas,'' require all States to adopt preconstruction 
review programs for new or modified stationary sources of air 
pollution. In addition, the provisions of section 110 of the Act 
include a requirement for States to have a preconstruction review 
program to manage the emissions from the construction and modification 
of any stationary source of air pollution to assure that the National 
Ambient Air Quality Standards (NAAQS) are achieved and maintained. 
Implementing regulations for these three programs are promulgated at 40 
CFR 51.160 through 51.166 to part 51 and 40 CFR 52.21 and 52.24. In 
order to receive a construction permit for a major new source or major 
modification, the applicant must conduct the necessary research, 
perform the appropriate analyses and prepare the permit application 
with documentation to demonstrate that their project meets all 
applicable statutory and regulatory NSR requirements. Specific 
activities and requirements are

[[Page 67722]]

listed and described in the Supporting Statement for the ICR.
    Reviewing authorities, either State, local or Federal, review the 
permit application and provides for public review of the proposed 
project and issues the permit based on its consideration of all 
technical factors and public input. The EPA, more broadly, reviews a 
fraction of the total applications and audits the State and local 
programs for their effectiveness. Consequently, information prepared 
and submitted by the source is essential for the source to receive a 
permit, and for Federal, State and local environmental agencies to 
adequately review the permit application and thereby properly 
administer and manage the NSR programs.
    Information that is collected and handled according to EPA's 
policies set forth in title 40, chapter 1, part 2, subpart B--
Confidentiality of Business Information (see 40 CFR part 2). See also 
section 114(c) of the Act.
    Burden Statement: 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.
    The annual public reporting and recordkeeping burden for this 
collection of information is broken down as follows:

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                      Type of permit action                          Major PSD     Major Part D        Minor
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Number of Sources...............................................             282             519          74,591
Burden Hours per Response:
    Industry....................................................             839             577              40
    Permitting Agencies.........................................             272             109              30
                                                                 -----------------------------------------------
        Total Annual Burden Hours:
            Industry............................................         236,262         299,578       2,983,640
            Permitting Agencies.................................          76,595          56,593       2,237,730
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    Respondents/Affected Entities: Industrial plants, State and local 
permitting agencies.
    Estimated Number of Respondents: 150,784.
    Estimated Total Annual Burden: 5,890,399 hours.

Are There Changes in the Estimates From the Last Approval?

    Since the last renewal of this ICR (November 2, 2004; 69 FR 63530), 
the estimated number of respondents has increased by 51 due to the 
decision by the U.S. Court of Appeals for the D.C. Circuit to vacate 
the Clean Units and Pollution Control Project Exclusion provisions of 
the NSR program. See New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005). As a 
result, the total annual burden has been increased by 39,273 hours. The 
burden per type of permit remains unchanged.

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

    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: November 21, 2007.
Stephen D. Page,
Director, Office of Air Quality Planning and Standards.
[FR Doc. E7-23296 Filed 11-29-07; 8:45 am]
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