[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Notices]
[Pages 72700-72702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30360]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2011-0901; FRL-9496-6]
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.
-----------------------------------------------------------------------
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 January 24, 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 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
[[Page 72701]]
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. (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:
[[Page 72702]]
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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: November 21, 2011.
Mary Henigin,
Acting, Office of Air Quality Planning and Standards.
[FR Doc. 2011-30360 Filed 11-23-11; 8:45 am]
BILLING CODE 6560-50-P