[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Pages 24702-24703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9896]



[EPA-HQ-OAR-2004-0015 and EPA-HQ-OAR-2004-0016; FRL 9514-8]

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Part 70 State Operating Permit 
Program (Renewal) and Part 71 Federal Operating Permit Program 

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 two Information 
Collection Requests (ICRs) have been forwarded to the Office of 
Management and Budget (OMB) for review and approval. This is a request 
to renew two existing approved collections. The ICRs, which are 
abstracted below, describe the nature of the two information 
collections and the estimated burdens and costs.

DATES: Additional comments may be submitted on or before May 25, 2012.

ADDRESSES: Submit your comments, referencing 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), to (1) the EPA online 
using www.regulations.gov (our preferred method), by email at a-and-r-docket@epa.gov 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. 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: herring.jeff@epa.gov.

SUPPLEMENTARY INFORMATION: The EPA has submitted the following ICRs to 
the OMB for review and approval according to the procedures prescribed 
in 5 CFR 1320.12. On December 14, 2011 (76 FR 77820), the EPA sought 
comments on the two ICRs pursuant to 5 CFR 1320.8(d). The EPA received 
no comments. Any additional comments on the two ICRs should be 
submitted to the EPA and the OMB within 30 days of this notice.
    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 at www.regulations.gov. Use the EPA's electronic docket and 
comment system at www.regulations.gov, to submit or view public 
    Title: Part 70 State Operating Permit Program (Renewal) and Part 71 
Federal Operating Permit Program (Renewal).
    ICR numbers: 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. 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.
    Abstract: Title V of the Clean Air Act (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. 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 juridiction. 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. The 
EPA may also delegate authority to implement the part 71 program on its 
behalf to a state, local or tribal agency if the agency requests

[[Page 24703]]

delegation and makes certain showings regarding its authority and 
ability to implement the program. One such delegate agency for the part 
71 program exists at present.
    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 
its facility 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, local and tribal 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 establishes levels where GHG 
emissions trigger permitting requirements. The information collection 
requirements for these regulatory revisions were approved by the OMB 
after the approval of the 2007 ICR renewals, 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 Navaho 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 
    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 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.
    The annual public reporting and recordkeeping burden for the 
collection of information under parts 70 and 71 is broken down as 

          Type of permit action               Part 70         Part 71
Number of Sources.......................          15,940             174
Burden Hours per Response:
    Sources.............................             250             209
    Permitting Authority................              84              90
Total Annual Burden Hours:
    Sources.............................       3,977,316          36,375
    Permitting Authority................       1,336,370       1,254 \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 a permitting authority but, as a federal 
agency, is not a respondent.)
    Estimated Total Annual Hour Burden: For part 70, the total annual 
burden for sources and state and local permitting authorities is 
5,313,686 hours. For part 71, the total annual burden for sources and 
the one delegate agency (tribal) is 37,629 hours.
    Estimated Total Annual Cost: For part 70, the total annual cost for 
sources and state and local permitting authorities is $322,734,860. For 
part 71, the total annual cost for sources and the one delegate agency 
(tribal) is $2,393,171. In both cases, all costs are labor costs; there 
are no capital, startup or operating and maintenance costs.
    Changes in the Estimates: Since the last renewal of the part 70 ICR 
(in 2007), there is an decrease of about 199,000 hours (or nearly a 5 
percent decrease) of annual respondent burden. This change is primarily 
due to an updated estimate of the number of permits expected.
    Since the last renewal of the part 71 ICR (in 2007), there is an 
increase of over 10,000 hours of total annual respondent burden (about 
a 38 percent increase). This is primarily due to an updated estimate of 
the number of permits expected.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-9896 Filed 4-24-12; 8:45 am]