# Agency Information Collection Activities: Submission for OMB Review; Comment Request for the Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR) Programs > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-20176 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** July 31, 1997 - **Citation:** 62 FR 41046 ## Text 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. ----------------------------------------------------------------------- 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 ------------------------------------------------------------------------ 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 [[Page 41047]] 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-20176. Public record. Not legal advice.