[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77820-77823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32062]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2004-0015 and EPA-HQ-OAR-2004-0016; FRL-9506-5]


Agency Information Collection Activities; Proposed Collections; 
Comment Request; State Operating Permit Program (Renewal) and Federal 
Operating Permit Program (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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[[Page 77821]]

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that the EPA is planning 
to submit a request to renew two existing approved Information 
Collection Requests (ICR) to the Office of Management and Budget (OMB). 
The two ICRs are scheduled to expire on April 30, 2012. Before 
submitting the two ICRs to OMB for review and approval, the EPA is 
soliciting comments on specific aspects of the proposed information 
collections as described below.

DATES: Comments must be submitted on or before February 13, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0015 (for the part 70 state program) or Docket ID No. EPA-HQ-
OAR-2004-0016 (for the part 71 Federal program), 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: U.S. Environmental Protection Agency, Air and 
Radiation Docket and Information Center, Mailcode: 2822T, 1200 
Pennsylvania Ave. NW., Washington, DC 20460. Attention: Docket ID No. 
EPA-HQ-OAR-2004-0015 (for Part 70) or Docket ID No. EPA-HQ-OAR-2004-
0016 (for Part 71). 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-
2004-0015 for the ICR renewal for the part 70 state permitting program 
or EPA-HQ-OAR-2004-0016 for the ICR renewal for the part 71 Federal 
(EPA) permitting program. 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 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. Jeff Herring, Air Quality Policy 
Division, Office of Air Quality Planning and Standards (C504-05), 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-3195; 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 the Part 70 ICR renewal 
under Docket ID No. EPA-HQ-OAR-2004-0015 and a public docket for the 
Part 71 ICR renewal under Docket ID No. EPA-HQ-OAR-2004-0016, 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 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 the 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 the 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

[[Page 77822]]

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.
    Title: Part 70 State Operating Permit Program (Renewal) and Part 71 
Federal Operating Permit Program (Renewal).
    ICR number: For the Part 70 regulations, EPA ICR No. 1587.12 and 
OMB Control No. 2060-0243. For the Part 71 regulations, EPA ICR No. 
1713.10 and OMB Control No. 2060-0336.
    ICR status: The two ICRs are both scheduled to expire on April 30, 
2012.
    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 the 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. 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. The EPA regulations setting forth requirements for the 
state operating permit program are at 40 CFR part 70 and the EPA 
regulations setting forth the requirements for the federal (EPA) 
operating permit program are at 40 CFR part 71. The part 70 program is 
designed to be implemented primarily by state and local permitting 
authorities in all areas where they have jurisdiction. The part 71 
program is designed to be implemented primarily by the EPA in all areas 
where state and local agencies do not have jurisdiction, such as Indian 
Country and offshore beyond states' seaward boundaries.
    In order to receive an operating permit for a major or other source 
subject to either of the permitting programs, 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 
requirements. Specific activities and requirements are listed and 
described in the Supporting Statements for the two ICRs.
    State and local agencies under part 70 and the EPA (or a delegate 
agency) under part 71 review permit applications, provide for public 
review of proposed permits, issue permits based on consideration of all 
technical factors and public input, and review information submittals 
required of sources during the term of the permit. Also, under part 70, 
the EPA reviews certain actions of the state and local agencies and 
provides oversight of the programs to ensure that they are being 
adequately implemented and enforced. Under part 71, the EPA reviews 
certain actions and performs oversight for any delegate agency, 
consistent with the terms of a delegation agreement. Consequently, 
information prepared and submitted by sources is essential for sources 
to receive permits, and for Federal, state, and local permitting 
agencies to adequately review the permit applications and thereby 
properly administer and manage the program.
    Since the previous renewal of this ICR, the EPA has promulgated two 
changes to the part 70 and 71 regulations: the Flexible Air Permits 
rule and the Greenhouse Gas (GHG) Tailoring rule. The first rule 
provides a mechanism for sources to establish provisions in their 
operating permits that result in fewer permit revisions necessary 
during the term of the permit. The second rule establishes levels where 
GHG emissions trigger permitting requirements. The information 
collection requirements for these regulatory revisions were approved by 
OMB after the approval of the 2007 ICR renewal and those approved 
changes are included and updated in these ICR renewals. Also, the 
previous part 71 ICR renewal identifed the EPA as the sole permitting 
authority, while this part 71 renewal identifies the EPA and one 
delegate agency, the Navajo Nation, as permitting authorities (the EPA 
continues to serve as a permitting authority in all areas, while the 
delegate agency serves as a permitting authority in a limited portion 
of Indian country).
    Information that is collected is handled according to the 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 the 
collection of information under parts 70 and part 71 is broken down as 
follows:

------------------------------------------------------------------------
          Type of permit action               Part 70         Part 71
------------------------------------------------------------------------
Permitting Authority:
    Number of Sources...................          15,940             174
Burden Hours per Response:
    Sources.............................             250             215
    Permitting Authority................              84              94
Total Annual Burden Hours:
    Sources.............................       3,977,118          37,413
    Permitting Authority................       1,334,766       1,318 \a\
------------------------------------------------------------------------
Any minor discrepencies are due to rounding.
------------------------------------------------------------------------
\a\ Only delegate agency burden is shown for part 71.

    Respondents/Affected Entities: Industrial plants (sources); state, 
local, and tribal permitting authorities.
    Estimated Number of Respondents: For part 70, there are 15,940 
sources and 112 state and local permitting authorities. For part 71, 
there are 174 industry sources and 1 tribal delegate permitting 
authority (the EPA serves as

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a permitting authority but is not a respondent).
    Estimated Total Annual Burden: For part 70, the total annual burden 
for sources and state and local permitting authorities is 5,311,884 
hours and the total annual cost is $226,736,622. For part 71, the total 
annual burden for sources and the one delegate agency (tribal) is 
38,731 hours and the total annual cost is $1,865,183.

Are there changes in the estimates from the last approval?

    Since the last renewal of the part 70 ICR (in 2007), there is a 
decrease of 214 thousand hours (or about a 4 percent decrease) of 
annual respondent burden. This change is primarily due to an updated 
estimate of the number of permits expected compared to the last ICR 
renewal. To a lesser extent, this decrease is due to reduced permit 
renewal activity related to implementation of the Flexible Permits 
rule. Although the GHG Tailoring rule increased the number of source 
respondents by 552, the increase in burden was more than offset by the 
decrease in burden from the updated estimate of the number of permits 
and the decreased burden from the implementation of the Flexible Air 
Permits rule. Also, the annual per respondent burden has changed very 
little since the last part 70 ICR renewal (248 hours previously 
compared to the new estimate of 250 hours or about a 1 percent 
increase).
    Since the last renewal of the part 71 ICR (in 2007), there is an 
increase of 10 thousand hours of total annual respondent burden (about 
a 36 percent increase). This is primarily due to an updated estimate of 
the number of permits expected (123 permits in the prior renewal versus 
174 permits in this renewal or a 42 percent increase), which is due to 
increased energy development (oil and gas exploration and alternative 
energy development) in offshore areas under the EPA jurisdiction. In 
the current part 71 renewal, the Flexible Air Permits rule and the GHG 
Tailoring rule result in nearly offseting decreases and increases in 
burden. Also, even though the total annual burden has increased 
compared to the prior ICR renewal, the annual per source burden has 
decreased by about 3 percent.

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, the 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 8, 2011.
Mary E. Henigin,
Acting Office Director, Office of Air Quality Planning and Standards.
[FR Doc. 2011-32062 Filed 12-13-11; 8:45 am]
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