Operating Permits Program; Agency Information Collection Activities: Comment Request

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

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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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