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Operating Permits Program; Agency Information Collection Activities: Comment Request

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: June 13, 1996 (Volume 61, Number 115)]
[Notices]
[Page 30061-30063]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]




ENVIRONMENTAL PROTECTION AGENCY
[FRL-5520-7]
 
Operating Permits Program; Agency Information Collection 
Activities: Comment Request

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.




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: 
powell.roger@epamail.epa.gov), 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

[[Page 30063]]

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]
BILLING CODE 6560-50-P

 
 

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