Agency Information Collection Activities: Proposed Collection; Comment Request; Renewal for Application Requirements for the Approval and Delegation of Federal Air Toxics Programs to State and Local Agencies

ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-5444-9]

Agency Information Collection Activities: Proposed Collection;

Comment Request; Renewal for Application Requirements for the Approval

and Delegation of Federal Air Toxics Programs to State and Local

Agencies

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3506

(c)(2)), this notice announces that EPA is planning to submit the

following continuing Information Collection Request (ICR) to the Office

of Management and Budget (OMB): Renewal for Application Requirements

for the Approval and Delegation of Federal Air Toxics Programs to State

and Local Agencies, OMB No. 2060-0264 (ICR # 1643.02), expiration date

July 31, 1996. 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 on or before May 21, 1996.

ADDRESSES: U.S. Environmental Protection Agency, Office of Air and

Radiation, Office of Air Quality Planning and Standards, Information

Transfer and Program Integration Division, Integrated Implementation

Group, MD-12, Research Triangle Park, North Carolina 27711. Interested

persons may obtain a copy of the ICR without charge by contacting

Pamela J. Smith, at (919) 541-5319. Electronic copies of the ICR can be

obtained from the Technology Transfer Network (TTN) Bulletin Board

under ``Recently Signed Rules''.

FOR FURTHER INFORMATION CONTACT: Mr. Gil Wood, (919) 541-5272 (phone)/

(919) 541-4028 (fax).

SUPPLEMENTARY INFORMATION: Affected Entities: Entities potentially

affected by this action are State and local agencies participating in

this voluntary program.

Title: Renewal for Application Requirements for the Approval and

Delegation of Federal Air Toxics Programs to State and Local Agencies,

OMB No. 2060-0264 (ICR # 1643.02), Expiration date July 31, 1996.

Abstract: The rule was developed in accordance with section

112(l)(2) of the Clean Air Act, as amended in 1990, which calls for the

U.S. Environmental Protection Agency (EPA) to ``publish guidance that

would be useful to the States in developing programs. . . allowing for

delegation of the Administrator's authorities and responsibilities to

implement and enforce emissions standards and prevention

requirements.'' Affected entities include State and local agencies

choosing to participate in this voluntary program. No industries are

included among respondents. The approval process consists of selecting

one or any combination of three options that allow the respondent to

adjust or substitute for a Federal rule or program. These three options

include (1) approval of a rule which adjusts a section 112 rule, (2)

approval of a rule which substitutes for a section 112 rule, and (3)

approval of a program which substitutes for some or all of section 112

emission standards. These three approval options vary in the types of

changes allowed and in the level of demonstrations required for

approval. Respondents interested in utilizing this program are required

to submit an application package to the reviewing agency. The contents

of each submission varies with the option(s) chosen. Criteria

applicable to all options include a letter from the State Attorney

General assuring delegation authority, a copy of State statutes,

resource demonstration, implementation schedule, compliance plan, and

enforcement procedures. All submissions are voluntary on the part of

the State or local agency and, therefore, the information collection

requirements apply only to those agencies that voluntarily submit

applications for delegation of authority. All application packages are

submitted to the Administrator for approval. The information is needed

to determine if a State or local agency submitting a request has met

the criteria established in the 40 CFR part 63, subpart E rule. Certain

information is necessary for the Administrator to determine

acceptability of approving State rules or programs in lieu of Federal

rules or programs. This collection is a one-time collection of

information in the application package for the purpose of determining

that the State or local agency has met the criteria specified in the

rule. Resubmission is only required in instances where the State rule

or program has been revised or if the approval has been withdrawn. The

collection of information is authorized under 42 U.S.C. 7401-7671q.

Information obtained by EPA is safeguarded according to the Agency

policies set forth in Title 40, Chapter 1, part 2, subpart B,

Confidentiality of Business Information. See 40 CFR 2; 41 FR 36902,

September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR

42251, September 28, 1978; 44 FR 17674, March 23, 1979.

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;

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(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: As a part of this ICR renewal, the Agency will

evaluate this rulemaking's burden and cost. ``Burden'' means the total

time and effort expended by persons to generate, maintain, retain, or

disclose or provide information to or for a Federal agency, including

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.

``Cost'' means the value of resources expended to accomplish the tasks

listed above, including the cost of labor and capital expenditures.

States, Tribal entities, and local entities will be the only

affected entities for this rulemaking. Out of 54 States and

Territories, the Agency estimates 40 percent (or 22) States will submit

applications under this program. The Agency also expects each

participating State will submit two applications under Options 1 and 2

during a 1-year period following promulgation of the rule and will

submit a one-time application under Option 3.

Out of 80 local agencies, Indian tribes, etc., the Agency estimates

25 percent (or 20) local agencies, Indian tribes, etc. will submit

applications under this program. It also estimates each participating

agency will submit two applications under Options 1 and 2 during a 1-

year period following promulgation of the rule and submit a one-time

application under Option 3.

The Agency believes these submission estimates establish an upper

bound to the potential scope of this rulemaking since State and local

agencies may choose any combination of the three options and since

reports for approval are expected to decrease in later years.

The Agency estimates the annual burden for the General criteria

common to all options to be 39,608 person-hours per year. The estimated

cost to State and local agencies is $1,269,232 per year.

The annual burden for Option #1, Adjusting a section 112 Rule, is

estimated to be 4,367 person-hours per year. The Agency estimates the

associated cost to State and local agencies is $148,599 per year.

The annual burden for Option #2, Substituting a section 112 rule,

is estimated to be 26,082 person-hours per year. The Agency expects

Option #2 will cost $835,858 per year.

The annual burden and cost for Option #3, Substituting a section

112 program, is estimated to be 8,936 person-hours and $286,354 per

year.

The Agency estimates the annual burden for Review and Withdrawal at

621 person-hours per year, at a cost of $19,899 per year.

The total estimated cost for the three approval options including

General criteria and Review and Withdrawal cost is $2.6 million; or $60

thousand per affected entity. The total burden for all options totals

80 thousand person-hours per year or two thousand person-hours per year

for each affected entity. There may be variations in the annual bottom

line since this is a one-time submittal. Periodic audits may occur at

the discretion of the compliance and enforcement authorities.

Use of this rulemaking allows State and local agencies to gain

approval of State air toxics rules and programs, which they can

implement at a lower costs, thus providing them with a net decrease in

terms of overall program expenditure. Because the above burdens and

costs are based upon the voluntary participation of affected entities,

it is believed that the use of this rulemaking will result in a net

reduction in burden and costs to States, Tribal entities, and local

entities. Additionally, the Agency believes this rulemaking is not

significant because its cost is less than the $25 million significance

level established under Executive Order 12866.

Send comments regarding these matters, or any other aspect of the

information collection, including suggestions for reducing the burden,

to the address listed above.

Dated: March 13, 1996.

Karen Blanchard,

Acting Director, Information Transfer and Program, Integration

Division.

[FR Doc. 96-7005 Filed 3-21-96; 8:45 am]

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