[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Notices]
[Pages 30061-30063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15035]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5520-7]
Operating Permits Program; Agency Information Collection
Activities: Comment Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this notice announces that EPA is planning to submit the
following proposed Information Collection Request (ICR) to the Office
of Management and Budget (OMB): Clean Air Act Title V--Operating
Permits Regulations, EPA ICR Number 1587.05, OMB Control Number 2060-
0234, expiring September 30, 1996. Before submitting the ICR to OMB for
review and approval, EPA is soliciting comments on changes to the
previously proposed information collection (August 31, 1995, 60 FR
45563) as described below.
DATES: Comments must be submitted on or before August 12, 1996.
ADDRESSES: Comments on the changes to the proposed ICR must be mailed
to: Roger Powell at the address indicated below. Copies of the
previously proposed ICR may be obtained from: EPA Air Docket (LE-131),
Room M-1500, Waterside Mall, 401 M Street SW., Washington, DC 20460
(telephone 202-260-7548). Ask for item number III-B-2 in Docket Number
A-93-50.
FOR FURTHER INFORMATION CONTACT: Roger Powell (telephone: 919-541-5331,
facsimile number: 919-541-5509, internet address:
[email protected]), Mail Drop 12, U.S. Environmental
Protection Agency, Office of Air Quality Planning and Standards,
Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION:
I. Background
Affected entities: Entities potentially affected by this action are
those which must apply for and obtain an operating permit under title V
of the Clean Air Act (Act).
Title: Clean Air Act Title V--Operating Permits Regulations, OMB
Control Number 2060-0234, expiring September 30, 1996.
Abstract: In implementing title V of the Act and EPA's part 70
operating permits regulations, State and local agencies must develop
programs and submit them to EPA for approval (section 502(d)), and
sources subject to the program must develop operating permit
applications and submit them to the permitting authority within 1 year
after program approval (section 503). Permitting authorities will then
issue permits (section 503(c)) and thereafter enforce, revise, and
renew those permits at 5-year intervals (section 502(d)). Permit
applications and proposed permits will be provided to, and are subject
to review by, EPA (section 505(a)). All information submitted by a
source and the issued permit shall also be available for public review
except for confidential information which will be protected from
disclosure (section 503(e)). Sources will semiannually submit
compliance monitoring reports to the permitting authorities (section
504(a)). The EPA has the responsibility to oversee implementation of
the program and to administer a Federal operating permits program in
the event a program is not approved for a State (section 502(d)(3)), or
if EPA determines the permitting authority is not adequately
administering its approved program (section 502(i)(4)). The activities
to carry out these tasks are considered mandatory and necessary for
implementation of title V and the proper operation of the operating
permits program. This notice provides updated burden estimates from a
previously proposed ICR (60 FR 45563).
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 are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the
[[Page 30062]]
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.
II. Proposed Changes to Draft ICR
A. Period of Coverage
The EPA wishes to make modifications to the August 1995 proposed
draft ICR to make it correspond more closely to the timing specified in
title V for the operating permits program. The EPA proposes, in an
attempt to get the ICR more closely on track with the timetable of
title V, to modify the draft ICR to correspond to the 3 years of
November 15, 1996 through November 15, 1999. The ICR as proposed would
cover title V's dates for a 3-year period of years 6, 7, and 8 of the
program.
According to the title V timeframe, year 6 would be the last year
of permit issuance. However, the timing of the program varies for the
100 plus permitting authorities. Today's proposed revisions to the
August 1995 draft ICR, therefore, includes estimates of the burden
associated with permit application preparation and submittal and permit
issuance that will be occurring during the proposed new 3-year period
that would be covered by the ICR. Three years from now, after
expiration of this proposed ICR covering years 6, 7, and 8, all permits
will have been issued, the program will be more homogeneous, and all
subsequent ICR renewals will be approximately on track with the title V
timeframe.
B. Source Mix
The source population in the original ICR and the draft ICR
proposed August 1995 is 34,324 sources. At this stage of implementation
of the operating permits program by most agencies, better estimates of
the number of sources subject to the program are available. The current
estimate by permitting authorities is a source population of 25,547
sources. The changes proposed today include this new source mix of
9,160 large major sources with over 100 tons per year emissions, 15,110
small major sources emitting below 100 tons per year, and 1,277 sources
able to be covered by general permits.
C. Burden Estimates
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. For the operating
permits program, burden includes all the activities associated with
implementing the program.
1. Effect of White Paper Number 2
On March 5, 1996, EPA issued its second White Paper guidance
document which primarily addresses more efficient methods of developing
operating permits and complying with applicable requirements. The
effect of White Paper Number 2 is to reduce the burden on sources
associated with permit application development by approximately 6
percent and the burden on permitting authorities associated with
issuing permits by approximately 1 percent. The proposed changes to the
ICR would include these adjustments to the burden estimates.
One provision in the second White Paper (i.e., streamlining) would
allow sources to comply with the more stringent standard for an
emissions unit and demonstrate that compliance with this standard would
provide for assuring compliance with less stringent requirements on
that emissions unit. This would allow burden savings with respect to
monitoring and reporting for these less stringent requirements in that
only the more stringent standard would be monitored. However, preparing
the demonstration that the more stringent standard would provide for
compliance with other less stringent standards would require an
approximate average of 60 burden hours per source. This burden is
proposed to be added to the draft ICR for the estimated 15 percent of
sources that would utilize this streamlining approach. The total
additional burden incurred to implement the streamlining provisions are
60 burden hours times 3,832 sources, or 229,920 hours. Once
streamlining is implemented, sources will be able to eliminate
monitoring and reporting for subsumed applicable requirements for an
ongoing resource savings that will far exceed the one-time burden of
adopting streamlining. That burden savings from reduced monitoring and
reporting has not yet been calculated and is not available at this time
since the burden for monitoring the various applicable requirements is
not in the part 70 program baseline.
2. Revised Burden Estimates
As previously noted, the August 1995 proposed ICR included program
changes associated with promulgation of proposed revisions to part 70.
Today's proposal would adjust some of the burden estimates associated
with permit revisions under the proposed part 70 revisions. The burden
for sources and permitting authorities associated with operating permit
revisions for a change which is merged during its processing with a
State program which requires prior public and EPA review and for a less
environmentally significant permit revision are increased. The burden
for participating in a public hearing for a permit revision for sources
and for permitting authorities is decreased. In addition, Table A-2 is
proposed to be revised to add a burden for permitting authorities to
issue a general permit.
These changes are felt by the Agency to more realistically reflect
the burden associated with these activities.
III. Revised Total Burden Estimates
The burden estimates resulting from these proposed changes would be
slightly above 8 million burden hours both for sources and for
permitting authorities over the proposed 3-year period covered by the
ICR. Annualized burden would be just under 3 million burden hours per
year for each. Total burden for both together would be approximately
16.5 total burden hours over 3 years, and the annualized burden hours
would be approximately 5.5 million.
The Agency notes that more sources are taking limits to make
themselves nonmajor and therefore not subject to the program. When
final proposed changes are made to the ICR prior to its submittal to
OMB, the updated numbers of sources will be used in the calculations of
burden. Also, at that time, a better estimate of the number of sources
intending to use the streamlining provisions of the Agency's
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second White Paper will be available and used.
Dated: June 6, 1996.
Robert G. Kellam,
Acting Director, Information Transfer and Program Integration Division.
[FR Doc. 96-15035 Filed 6-12-96; 8:45 am]
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