[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Notices]
[Pages 69090-69092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33262]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5668-8]
Agency Information Collection Activities for Prevention of
Significant Deterioration (PSD) and Nonattainment New Source Review
(NSR)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability of Information Collection Request (ICR)
and Supporting Statement.
-----------------------------------------------------------------------
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 continuing ICR to the Office of Management and Budget (OMB):
Information Collection Request for 40 CFR part 51 and 52 Prevention of
Significant Deterioration and Nonattainment New Source Review: OMB No.
2060-003, Exp. March 31, 1997. Before submitting the 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 to the EPA on or before March 3,
1997.
ADDRESSES: Comments should be addressed to Dennis Crumpler, NSR ICR
Project Manager, Integrated Implementation Group, Information Transfer
and Program Integration Division (MD-12), Office of Air Quality
Planning and Standards, U.S. EPA, Research Triangle Park, North
Carolina 27711. Copies of the ICR Renewal draft Supporting Statement
and other background information may be obtained from the ICR Project
Manager at the address above, or it may be retrieved electronically
from the NSR Bulletin Board (``News/Bulletins'' Menu) located on the
Office of Air Quality Planning And Standards Technology Transfer
Network (TTN). Access to the TTN is via a computer and communications
software at (919) 541-5742. The TTN may be accessed via Internet at the
following addresses. TELNET:;
FTP:; and WWW:www.rtpnc.epa.gov>. For
assistance in accessing the TTN, contact the TTN Help Desk at (919)
541-5384 in Research Triangle Park, North Carolina, 1:00 p.m. to 5:00
p.m. eastern standard time.
FOR FURTHER INFORMATION CONTACT: Dennis Crumpler, the current NSR ICR
project manager at (919) 541-0871.
SUPPLEMENTARY INFORMATION:
Affected entities: Entities potentially affected by this action are
those which must submit an application for a permit
[[Page 69091]]
to construct a new or modify an existing source of air pollution,
permitting agencies which review the permit applications, and members
of the public who are due the opportunity to comment on permitting
actions.
Title: Information Collection Request for 40 CFR part 51 and 52
Prevention of Significant Deterioration and Nonattainment New Source
Review: OMB No. 2060-007, Exp. March 31, 1997. Abstract: Part C of the
Clean Air Act (Act)--``Prevention of Significant Deterioration,'' and
part D--``Plan Requirements for Nonattainment Areas'' requires all
States to adopt preconstruction review programs for new or modified
stationary sources of air pollution. Implementing regulations for State
adoption of these two NSR programs into their State Implementation Plan
(SIP) are promulgated at 40 CFR 51.160 through 51.166 and appendix S.
Federal permitting regulations are promulgated at 40 CFR 52.21 for PSD
areas that are not covered by a SIP program.
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 NSR requirements. Specific
activities and requirements are listed and described in the draft
Supporting Statement for the ICR.
Permitting agencies, either State, local or Federal, review the
permit application to affirm the proposed source or modification will
comply with the Act and applicable regulations. The permitting Agency
then provides for public review of the proposed project and issues the
permit based on its 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.
To facilitate adequate public participation, information that is
submitted by sources as a part of their permit application, should
generally be a matter of public record. See sections 165(a)(2) and
110(a)(2) (C), (D) and (F) of the Act. Notwithstanding, to the extent
that the information required for the completeness of a permit is
proprietary, confidential, or of a nature that it could impair the
ability of the source to compete in the market place, that information
is collected and 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.
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 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.
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.
Since the last ICR renewal in September 1995, there have been no
regulatory changes to affect the previous estimates of the number of
respondents or the hourly burdens relative to the activities associated
with NSR requirements.1 Consequently the estimated average annual
burden to industry respondents for this collection of information is
approximately 649 hours for each of 320 part C PSD permits (responses);
445 hours for each of 590 part D nonattaiment permits, and about 8
hours for each of 19,500 minor source permits. The projected industry
costs are approximately $31 thousand for each part C source, $21
thousand for part D sources, and $380 for each minor NSR source. These
costs are determined by multiplying the estimated number of hours for
each burden category by $47.00 per hour. This hourly rate represents a
mixture of 75 percent technical staff and 25 percent management effort.
Hourly rates for in-house and contractor effort are believed to be the
same; although an average 30 percent of the burden is believed to be
contracted. The estimated total annual burden to industry respondents
is about 626 thousand hours and a commensurate cost of $30.6 million
which includes direct costs of about $1.2 million for preconstruction
monitoring. The estimated burden to State and local permitting Agencies
is 272 hours per part C permit, 109 hours for a part D permit and 10
hours for a minor NSR permit. The cumulative burden and cost is 346
thousand hours and $12.8 million. The annual estimated burden for the
EPA is 16 thousand hours and $594 thousand.
---------------------------------------------------------------------------
\1\ On July 23, 1996 the EPA proposed regulatory revisions that
if adopted would substantially reduce overall burden of the NSR
programs, primarily by reducing the number of sources that would
require a major source permit. See 61 FR 38249. The ICR will be
revised coincident with the promulgation of the final rulemaking
expected in early 1998.
---------------------------------------------------------------------------
The NSR permit application burden and cost is up-front, so it does
not require amortization over the life of the source. There are no
operating and maintenance costs. All reporting and compliance
monitoring costs associated with the implementation of a source's
permitting requirements should be reflected in the burden associated
with compliance assurance monitoring regulations, and the appropriate
SIP or operating permit program. Therefore, the second and third year
ICR burden and costs of the NSR program are zero for each respondent,
and the net present value of the costs of the NSR rules are equal to
the cost of the first year outlay. Because the average number of
permits issued each year is expected to remain relatively constant, the
program is expected to result in the same average burden and cost each
year.
Based on limited information, EPA has estimated that few small
businesses will experience a significant adverse
[[Page 69092]]
impact due to administrative burden of the NSR Program. The projected
burden also reflects consideration of environmental justice factors,
which may influence certain major source permitting actions.
The EPA will consider all comments submitted in response to this
notice when preparing the ICR renewal and supporting statement for
submittal to OMB.
Dated: December 20, 1996.
Robert G. Kellam,
Director, Information Transfer and Program Integration Division.
[FR Doc. 96-33262 Filed 12-30-96; 8:45 am]
BILLING CODE 6560-50-P