[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Notices]
[Pages 5800-5802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2271]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0265; FRL-9261-2]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

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 to the Office of Management and Budget (OMB) a request to renew 
an existing approved Information Collection Request (ICR) 2258.02--
Implementation of the 1997 and the 2006 fine particle 
(PM2.5) national ambient air quality standards (NAAQS). This 
ICR is scheduled to expire on May 31, 2011. 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 4, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0265, by one of the following methods:
     http://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-2007-0265, 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-2007-0265. 
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-
2007-0265. 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 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 protected through http://www.regulations.gov or e-mail. The http://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 http://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: Butch Stackhouse, Air Quality Policy 
Division, Office of Air Quality Planning and Standards, Mail Code C539-
01, Research Triangle Park, North Carolina 27711, telephone number 
(919) 541-5208, facsimile number (919) 541-0824, electronic mail e-mail 
address: [email protected]; Karl Pepple, Air Quality Policy 
Division, Office of Air Quality Planning and Standards, Mail Code C539-
01, Research Triangle Park, North Carolina 27711, telephone number 
(919) 541-2683, facsimile number (919) 541-0824, 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-2007-0265, which is available for online viewing at 
http://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 
8:30 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 Docket is 202-566-1742.
    Use http://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

[[Page 5801]]

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?

    Affected entities: Entities potentially affected by this action are 
states and 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: PM2.5 National Ambient Air Quality Standard 
Implementation Rule.
    ICR number: EPA ICR No. 2258.02, OMB Control No. 2060-0611.
    ICR status: This ICR is currently scheduled to expire on May 31, 
2011. 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 Code of Federal Register (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 Paperwork Reduction Act requires the information 
found in this ICR number 2258.02 to assess the burden (in hours and 
dollars) of the 1997 and 2006 PM2.5 NAAQS Implementation 
Rule as well as the periodic reporting and recordkeeping necessary to 
maintain the rule. The rule was proposed November 1, 2005 (70 FR 65983) 
and promulgated April 25, 2007 (71 FR 61145). The preamble to the 
proposed and final regulation addressed the administrative burden in 
general terms. The preamble to the final rule stated that an ICR would 
be prepared. The rule includes requirements that involve collecting 
information from states with areas that have been designated 
nonattainment for the PM2.5 NAAQS.
    The time period covered in this ICR is a 3 year period from June 1, 
2011 through May 31, 2014. The milestones for the State or local air 
agency respondents will include the required State Implementation Plan 
(SIP) elements prescribed in the Clean Air Act (CAA) sections 110 and 
part D, subpart 1 of title I for implementation plans and the 
requirements in the PM2.5 NAAQS Implementation Rule (40 CFR 
51.1000-51.1012). The PM2.5 SIP will contain rules and other 
requirements designed to achieve the NAAQS by the deadlines established 
under the CAA, and it also contains a demonstration that the state's 
requirements will in fact result in attainment. The SIP must meet the 
requirements in subpart 1 to adopt Reasonable Available Control 
Measures, Reasonable Available Control Technology, and provide for 
Reasonable Further Progress toward attainment for the period prior to 
the area's attainment date. However, not all of the milestones and 
associated burden and administrative cost estimates apply to every 
designated PM2.5 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 317 
hours per response for states with nonattainment areas for the 1997 
PM2.5 standard, and 4,243 hours per response for states with 
nonattainment areas for the 2006 PM2.5 standard. 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: 1997 
PM2.5
    Standard: 21; 2006 PM2.5 Standard: 18.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 
1997 PM2.5 Standard: 2.7; 2006 PM2.5 Standard: 2.
    Estimated total annual burden hours: 1997 PM2.5 
Standard: 18,400; 2006 PM2.5 Standard: 157,000 hours.
    Estimated total average annual costs per respondent: 1997 
PM2.5 standard: $52,600; 2006 PM2.5 Standard: 
$523,700. This includes an estimated burden cost of $0 for capital 
investment or maintenance and operational costs.
    There is a decrease of 34,600 hours to 175,400 hours (from a sum of 
210,000 hours in the 2007 ICR) in the total estimated respondent burden 
compared with that identified in the ICR currently approved by OMB. 
This decrease reflects EPA's information that the number of non-
attainment areas for the 1997 PM2.5 standard has decreased 
as areas have come into compliance with the standards and that the 
burden associated with the remaining non-attainment areas is less 
because of the work they have done previously to comply with the 
standards. At the same time, promulgation of the 2006 PM2.5 
standard led to designations of new areas as non-attainment, leading to 
an increased burden on those respondents.

[[Page 5802]]

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. The methodology and draft estimates in the 
PM2.5 Implementation Rule ICR are based on the ICR developed 
for the 8-hour ozone Implementation Rule ICR (EPA ICR No. 2236.02, OMB 
Control No. 2060-0594). The 8-hour ozone Implementation Rule ICR 
methodology and draft estimates were submitted to EPA's Ozone NAAQS 
Implementation Workgroup for their review and comment. This workgroup 
is comprised of representatives from EPA Regional Offices I through IX, 
as well as EPA's Offices of General Counsel, Office of Policy, 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.

What is the next step in the process for this ICR?

    The 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 28, 2011.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning and Standards, Office 
of Air and Radiation.
[FR Doc. 2011-2271 Filed 2-1-11; 8:45 am]
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