Agency Information Collection Activities for Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR)

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.

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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 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

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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.

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\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.

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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

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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]

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