[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Notices]
[Pages 76713-76715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31528]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2011-0901; FRL-9503-1]


Agency Information Collection Activities; Proposed Collections; 
Comment Request; Prevention of Significant Deterioration and 
Nonattainment Area New Source Review (Renewal)

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, 2012. 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 February 6, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0901, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Fax: (202) 566-9744.
     Mail: Agency Information Collection Activities; Proposed 
Collection; Comment Request; Prevention of Significant Deterioration 
and Nonattainment Area New Source Review (Renewal) Docket, 
Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460. Please include a total of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. 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-
2011-0901. 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 email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means the EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an email comment directly to the EPA 
without going through http://www.regulations.gov, your email 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, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any

[[Page 76714]]

disk or CD-ROM you submit. If the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
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 the EPA's 
public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Mr. David Painter, Air Quality Policy 
Division, Office of Air Quality Planning and Standards (C504-03), 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-5515; fax number: (919) 541-5509; 
email 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-2011-0901, which is 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 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 Public 
Reading Room is (202) 566-1744.
    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 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, the 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, the EPA is requesting comments 
from very small businesses (those that employ less than 25) on examples 
of specific additional efforts that the 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 the 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 does this apply to?

    Affected entities: Entities potentially affected by this action are 
those which must apply for and obtain a preconstruction permit under 
part C or D or section 110(a)(2)(C) 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. 1230.29, OMB Control No. 2060-0003.
    ICR status: This ICR is scheduled to expire on April 30, 2012.
    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. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information request unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9 and 48 CFR 
chapter 15. Section 176(c) of the Clean Air Act (42 U.S.C. 7401 et 
seq.) requires that all federal actions conform with the state 
implementation plans (SIPs) to attain and maintain the NAAQS. Depending 
on the type of action, the federal entities must collect information 
themselves, hire consultants to collect the information, or require 
applicants/sponsors of the federal action to provide the information.
    Implementing regulations for these three programs are promulgated 
at 40 CFR 51.160 through 51.166; 40 CFR part 51, Appendix S; 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 New Source Review 
requirements. Specific activities and requirements are listed and 
described in the Supporting Statement for the ICR.
    State, local, or federal reviewing authorities review permit 
applications and provide for public review of proposed projects and 
issue permits based on their 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 
sources is essential for sources to receive permits, and for federal, 
state, and local environmental agencies to adequately review the permit 
applications and thereby properly administer and manage the NSR 
programs.
    Since the previous renewal of this ICR, the EPA has filled 
regulatory voids that existed in Indian country (where state NSR 
programs do not apply) by promulgating a Part D program and a minor NSR 
program for Indian country.

[[Page 76715]]

(The EPA was already implementing a Part C program in Indian country.) 
The implementing regulations for these programs are at 40 CFR 49.151 
through 49.173. The EPA acts as the reviewing authority for these 
programs.
    Information that is collected is 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:

 
----------------------------------------------------------------------------------------------------------------
                      Type of permit action                          Major PSD     Major Part D        Minor
----------------------------------------------------------------------------------------------------------------
State Programs:
    Number of Sources...........................................           1,610             486          72,841
    Burden Hours per Response:
        Industry................................................           1,006             642              39
        Reviewing Authorities...................................             336             128              29
    Total Annual Burden Hours
        Industry................................................       1,619,660         312,012       2,822,885
        Reviewing Authorities...................................         540,960          62,208       2,095,140
Indian Country Program
    Number of Sources...........................................          ( \a\)          ( \a\)          12,432
    Industry Burden Hours per Response..........................          ( \a\)          ( \a\)              39
    Industry Total Annual Burden Hours..........................          ( \a\)          ( \a\)         479,435
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Any minor discrepencies are due to rounding.
\a\ The PSD and Part D programs in Indian country are included in the state program figures.

    In addition, we estimate that the 112 state and local reviewing 
authorities will prepare and submit an average of 51 SIP revisions per 
year to conform to changes in the NSR regulations, for a total annual 
burden of 2,040 hours. Besides the burden hours tallied above for 
permitting and SIP revisions, we estimate that 34 of the sources 
subject to PSD permitting are required to conduct pre-construction 
monitoring which they outsource, representing start-up costs totaling 
$12,444,204.
    Respondents/Affected Entities: Industrial plants; state and local 
reviewing authorities.
    Estimated Number of Respondents: 87,481, including 87,369 industry 
sources and 112 state and local reviewing authorities generating a 
total of 162,357 responses.
    Estimated Total Annual Burden: 7,934,340 hours and $12,444,204.

Are there changes in the estimates from the last approval?

    Since the last renewal of this ICR (October 2008), the estimated 
number of responses has increased by 11,536 due primarily to the 
addition of the minor NSR program for Indian country which requires all 
existing minor sources to register within the first 3 years of the 
program. In addition, actions under the Act unrelated to NSR rule 
changes brought greenhouse gases into the prevention of significant 
deterioration (PSD) program, but the potentially overwhelming increase 
in permit actions that this might have caused was limited to a 
manageable level (fewer than 1,350 sources) by the Greenhouse Gas 
Tailoring Rule. Partially counteracting these increases, the Flexible 
Air Permitting Rule had the effect of reducing the number of 
respondents under the PSD, Part D, and minor NSR programs.
    The burden per PSD permit has increased due to the addition of 
greenhouse gases to the program. In addition, provisions were added to 
the PSD regulations that allow for full implementation of the program 
for particulate matter less than 2.5 micrograms (PM2.5), 
which has resulted in an increase in the modeling required for PSD 
permits and, thus, an increase in the per-permit burden. The Flexible 
Air Permitting Rule marginally increased the per-permit burden for the 
PSD and Part D programs, although the overall effect of the rule was to 
reduce total burden because of the reduction in the number of permit 
actions. The Flexible Air Permitting Rule also slightly reduced the 
burden per minor NSR permit.
    As a result of all these changes to the NSR program, the total 
burden for the program has increased by 1,983,272 hours.

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 ICRs 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: December 5, 2011.
Mary E Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2011-31528 Filed 12-7-11; 8:45 am]
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