[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Notices]
[Pages 8333-8335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3683]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0152; FRL-9117-2]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Compliance Assurance Monitoring Program; EPA ICR No. 
1663.07, OMB Control No. 2060-0376

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 July 31, 2010. 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 April 26, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0152, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected]
     Fax: (202) 566-9744
     Mail: ICR Renewal (2010)--Compliance Assurance Monitoring 
Program, Environmental Protection Agency, EPA Docket Center, Air and 
Radiation Docket, Mailcode: 22821T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
     Hand Delivery: Air and Radiation Docket and Information 
Center, U.S. EPA, Room 3334, EPA West Building, 1301 Constitution 
Avenue, NW., Washington, DC 20004. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0152. 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 Web site 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: Peter Westlin, Office of Air Quality 
Planning and Standards, Sector Policies and Programs Division (D243-
05), Environmental Protection Agency, Research Triangle Park, NC 27711; 
telephone number: 919-541-1058; fax number: 919-541-1039; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 8334]]

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-2003-0152, 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 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 Air and Radiation Docket is 202-
566-1742.
    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 PRA section 3506(c)(2)(A), 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 fewer 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 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?

    Affected entities: Entities potentially affected by this action are 
all facilities required to have an operating permit under title V of 
the Clean Air Act. See section 502(a) of the Clean Air Act (the Act), 
which defines the sources required to obtain a title V permit. See also 
40 CFR 70.2 and 71.2.
    Title: Compliance Assurance Monitoring Program (40 CFR Part 64).
    ICR numbers: EPA ICR No. 1663.07,
    OMB Control No.: 2060-0376.
    ICR status: This ICR is currently scheduled to expire on July 31, 
2010. 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: The Act contains several provisions directing us to 
require source owners to conduct monitoring to support certification as 
to their status of compliance with applicable requirements. These 
provisions are set forth in Section 504 and Section 114 of the Act. 
Under section 504(c), each operating permit must ``set forth 
inspection, entry, monitoring, compliance, certification, and reporting 
requirements to assure compliance with the permit terms and 
conditions.'' See also section 504(a) (each permit shall require 
reporting of monitoring and such other conditions as are necessary to 
assure compliance). Section 504(b) allows us to prescribe by rule, 
methods and procedures for determining compliance recognizing that 
continuous emissions monitoring systems need not be required if other 
procedures or methods provide sufficiently reliable and timely 
information for determining compliance. Section 114(a)(3) requires us 
to promulgate rules for enhanced monitoring and compliance 
certifications for major stationary sources, and provides authority for 
such rules for other sources. Section 114(a)(1) of the Act provides 
additional authority concerning monitoring, reporting, and record 
keeping requirements. This section provides the Administrator with the 
authority to require any owner or operator of a source to install and 
operate monitoring systems and to record the resulting monitoring data. 
We promulgated the Compliance Assurance Monitoring (CAM) rule, 40 CFR 
part 64, on October 22, 1997 (62 FR 54900) pursuant to these 
provisions.
    In accordance with section 114(c) and section 503(e), the 
monitoring information source owners must submit must also be available 
to the public, except under circumstances set forth in section 114(c) 
of the Act. 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.
    We are soliciting comments 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.

[[Page 8335]]

    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 304 
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. Based on the Agency's knowledge 
of the number of title V permits issued since 1997 and the 
implementation of part 64 through permit renewals, the expected impact 
of the CAM program for the 3 years from October 1, 2010 until September 
30, 2013 is about 7.4 million hours annually. The CAM rule will incur 
an average annual cost of about $263.8 million in 2008 dollars. There 
are no annualized capital and operation and maintenance (O&M) costs. 
EPA assumes that any such equipment needed by sources to comply with 
part 64 would be purchased as part of a monitoring equipment purchase. 
Therefore, O&M costs for operating such capital equipment is not 
separately estimated.
    The CAM program burden for source owners or operators means the 
total time, effort, or financial resources expended by persons to 
generate, maintain, retain, or disclose or provide monitoring 
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 CAM program 
potentially affects about 24,000 pollutant-specific emissions units 
nationwide. The annual burden for source owners or operators is about 
7.4 million hours for these pollutant-specific emissions units.
    During the review period, permitting authorities will review CAM 
rule submittals from source owners or operators whose permits have 
already been issued and are renewing those permits as the 5-year permit 
terms expire. Permitting authorities will also be interacting with the 
source owners or operators in addressing the CAM in semi-annual 
monitoring reports and reporting CAM data as necessary. We estimate the 
annual CAM burden to permitting authorities to total about 65,000 hours 
and about $3.5 million. Burden means the sum of the time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal agency.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 24,000 pollutant 
specific emissions units.
    Frequency of response: Semi-annual and annual reports, plus every 5 
years at permit renewal.
    Estimated total annual burden hours: 7.4 million hours.
    Estimated average annual costs: $263.8 million. This includes 
annual labor costs for sources and permitting authorities and no 
capital or O&M costs.

Are There Changes in the Estimates From the Last Approval?

    There is an increase of 4.3 million hours in the total estimated 
respondent annual burden compared with that identified in the ICR 
currently approved by OMB. This increase reflects the significant 
increase in number of respondents resulting from the implementation of 
the rule through operating permit renewals.

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

    EPA will consider the comments received 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: January 29, 2010.
Steve Fruh,
Acting Director, Sector Policies and Programs Division, Office of Air 
Quality Planning and Standards.
[FR Doc. 2010-3683 Filed 2-23-10; 8:45 am]
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