[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Notices]
[Pages 22779-22780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9103]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2011-0901; FRL-9514-6]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Prevention of Significant 
Deterioration and Nonattainment New Source Review (Renewal); EPA ICR 
No. 1230.29

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 an Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. This is a request to renew an 
existing approved collection. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before May 17, 2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2011-0901, to (1) the EPA online using www.regulations.gov (our 
preferred method), by email at [email protected] or by mail to: 
Air and Radiation Docket and Information Center, Mailcode: 28221T, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460, and (2) the OMB by mail to: Office of Information 
and Regulatory Affairs, Office of Management and Budget (OMB), 
Attention: Desk Officer for EPA, 725 17th Street NW., Washington, DC 
20503.

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: The EPA has submitted the following ICR to 
the OMB for review and approval according to the procedures prescribed 
in 5 CFR 1320.12. On November 25, 2011 (76 FR 72700), the EPA sought 
comments on this ICR pursuant to 5 CFR 1320.8(d). The EPA received no 
comments. Any additional comments on this ICR should be submitted to 
EPA and OMB within 30 days of this notice.
    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 
www.regulations.gov, or in person viewing at the Air and Radiation 
Docket and Information Center 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 the EPA's electronic docket and comment system at 
www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that the EPA's policy is that public 
comments, whether

[[Page 22780]]

submitted electronically or on paper, will be made available for public 
viewing at www.regulations.gov as the EPA receives them and without 
change, unless the comment contains copyrighted material, confidential 
business information (CBI) or other information whose public disclosure 
is restricted by statute. For further information about the electronic 
docket, go to www.regulations.gov.
    Title: Prevention of Significant Deterioration and Nonattainment 
New Source Review (Renewal).
    ICR numbers: EPA ICR No. 1230.29, OMB Control No. 2060-0003.
    ICR Status: This ICR is scheduled to expire on April 30, 2012. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at the 
OMB. 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 the 
EPA's regulations in title 40 of the CFR, after appearing in the 
Federal Register when approved, are listed in 40 CFR part 9, and 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 Title I of the Clean Air Act (Act) (42 U.S.C. 
7401 et seq.)--``Prevention of Significant Deterioration'' (PSD), and 
Part D--``Plan Requirements for Nonattainment Areas,'' require all 
states to adopt preconstruction review programs for new or modified 
major 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. Section 176(c) of the Act 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'' 
(NSR) requirements. Specific activities and requirements are listed and 
described in the Supporting Statement for the ICR.
    Reviewing authorities, either state, local or federal, review the 
permit application and provide for public review of the proposed 
project and issue the permit based on 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.
    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. (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 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: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average about 
49 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.
    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.
    Frequency of Response: Responses generally are associated with NSR 
permit actions, which are required on occasion when facilities wish to 
construct or modify. In addition, existing minor sources will be 
required to submit a one-time registration during implementation of the 
minor NSR program in Indian country. Finally, state and local reviewing 
authorities are required to submit SIP revisions on occasion when the 
NSR regulations change.
    Estimated Total Annual Hour Burden: 7,934,340 hours.
    Estimated Total Annual Cost: $707,226,735, including $694,641,672 
in labor costs and $12,585,063 in annualized capital or start-up costs.
    Changes in the Estimates: The burden has changed since the previous 
renewal due in part to an increase in the number of responses and per-
permit burden due to the addition of GHGs to the PSD program. In 
addition, the extension of minor NSR and part D programs to Indian 
country to fill these regulatory gaps has increased the number of 
responses and the overall burden. Finally, the burden has been 
increased by the addition of provisions in the PSD program that will 
allow full integration of PM2.5.
    Also contributing to the increase in burden has been a change in 
the labor rates. As explained in section 6(b)(i), in order to improve 
the accuracy of burden estimates, the rates were recalculated using 
2011 values for wages.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-9103 Filed 4-16-12; 8:45 am]
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