Agency Information Collection Activities: Submission for OMB Review; Comment Request for the Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR) Programs

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5866-4]

Agency Information Collection Activities: Submission for OMB

Review; Comment Request for the Prevention of Significant Deterioration

(PSD) and Nonattainment New Source Review (NSR) Programs

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 the following continuing

Information Collection Request (ICR) has been forwarded to the Office

of Management and Budget (OMB) for review and approval: Information

Collection Request for 40 CFR part 51 and 52 Prevention of Significant

Deterioration and Nonattainment New Source Review: OMB No. 2060-0003,

Exp. September 30, 1997. The ICR describes the nature of the

information collection and its expected burden and cost.

DATES: Comments must be submitted on or before September 2, 1997.

FOR FURTHER INFORMATION OR A COPY CALL: Sandy Farmer at EPA, (202) 260-

2740, and refer to EPA ICR No.1230.09.

SUPPLEMENTARY INFORMATION:

Affected entities: Entities potentially affected by this action are

those which must submit an application for a permit to construct a new

source or to 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 parts 51 and 52

Prevention of Significant Deterioration and Nonattainment New Source

Review: OMB No. 2060-0003, Exp. September 30, 1997. This is a request

for extension of a currently approved collection.

Abstract: Part C of the Clean Air Act (Act)--``Prevention of

Significant Deterioration,'' and Part D--``Plan Requirements for

Nonattainment Areas,'' require all States to adopt preconstruction

review programs for new or modified stationary sources of air

pollution. Implementing regulations for State adoption of these two New

Source Review (NSR) programs into a State Implementation Plan (SIP) are

promulgated at 40 CFR 51.160 through 51.166 and appendix S to part 51.

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 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 marketplace, 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

Federal Register Notice required under 5 CFR 1320.8(d), soliciting

comments on this collection of information was published on December

31, 1996 (61 FR 69090). The comments received are summarized in

Appendix H to the Supporting Statement for the ICR, and are responded

to in the appropriate sections of the Supporting Statement for the ICR.

The Agency also notes that, in order to respond effectively to the

comments received, the original expiration date for the existing ICR

was extended from March 31, 1997 to September 30, 1997.

Burden Statement: The annual public reporting and recordkeeping

burden for this collection of information is broken down as follows:

------------------------------------------------------------------------

Major Major

Type of permit action PSD part D Minor

------------------------------------------------------------------------

Number of sources............................ 320 590 56,500

Burden Hours per Response:

Industry................................. 839 577 40

Permitting agency........................ 272 109 30

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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

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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.

Respondents/Affected Entities: Industrial plants, State and Local

permitting agencies.

Estimated Number of Respondents: (114,820).

Frequency of Response: (1 per respondent).

Estimated Total Annual Hour Burden: (4,715, 260) hours.

Estimated Total Annualized Cost Burden: $(0).

Send comments on the Agency's need for this information, the

accuracy of the provided burden estimates, and any suggested methods

for minimizing respondent burden, including through the use of

automated collection techniques to the following addresses.

Please refer to EPA ICR No.1230.09 and OMB Control No. 2060-0003 in

any correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory

Information Division (2137), 401 M Street, SW., Washington, DC 20460

and

Office of Information and Regulatory Affairs, Office of Management and

Budget, Attention: Desk Officer for EPA, 725 17th Street, NW.,

Washington, DC 20503

Dated: July 25, 1997.

Joseph Retzer, Director,

Regulatory Information Division.

[FR Doc. 97-20176 Filed 7-30-97; 8:45 am]

BILLING CODE: 6560-50-P