United States Environmental Protection Agency

Office of Air and Radiation

Office of Air Quality Planning and Standards

March, 2007

**INFORMATION COLLECTION REQUEST**

**FOR PART 71**

**FEDERAL OPERATING PERMIT REGULATIONS**

**prepared by**

Jeff Herring, Environmental Scientist

Air Quality Policy Division

Operating Permits Group

**EPA \# 1713.06**

![](media/image1.wmf){width="7.0in" height="1.7840277777777778in"}

+----------+---------------------+--------------------+---------------+
| **TABLE  |                     |                    |               |
| E-1**    |                     |                    |               |
|          |                     |                    |               |
| **BURDEN |                     |                    |               |
| CHANGE   |                     |                    |               |
| FROM     |                     |                    |               |
| 2004 ICR |                     |                    |               |
| TO       |                     |                    |               |
| CURRENT  |                     |                    |               |
| ICR (in  |                     |                    |               |
| hours)** |                     |                    |               |
+----------+---------------------+--------------------+---------------+
|          | **Average Annual    | **Average Annual   | *             |
|          | Burden**            | Burden**           | *Difference** |
|          |                     |                    |               |
|          | **in 2004 ICR       | **in Current ICR   |               |
|          | Renewal**           | Renewal**          |               |
+----------+---------------------+--------------------+---------------+
| **S      | **24,077**          | **27,218**         | **3,141**     |
| ources** |                     |                    |               |
+----------+---------------------+--------------------+---------------+
| **F      | **36,392**          | **12,373**         | **(24,019)**  |
| ederal** |                     |                    |               |
+----------+---------------------+--------------------+---------------+
| *        | **60,469**          | **39,591**         | **(20,878)**  |
| *TOTAL** |                     |                    |               |
+----------+---------------------+--------------------+---------------+

This ICR represents an overall reduction in expected burden of over 33
percent for respondents (sources) and the Federal government compared to
that reported in the November 2004 ICR. Table E-1 displays the expected
annual burden and the expected change in annual burden for sources and
the Federal government for implementation of the title V Federal
Operating Permits Program between July 2007 and June 2010. In the

November 2004 ICR, the Agency estimated the annualized burden to Indian
country and other sources subject to permitting by EPA (since the
majority of these sources are located in Indian country, we will refer
to them as "Indian country sources" for convenience sake) at 24 thousand
hours. The current ICR estimates the annualized burden to Indian country
sources at about 27 thousand hours due to changes in the number of major
sources subject to permitting and an increase in the number of permits
subject to permit renewal processing. The 2004 ICR included 1,717
sources, while this update expects 123 sources will be subject to
permitting by EPA, including in Indian country, Outer Continental Shelf,
and Deepwater port sources,[^1] and any part 70 sources with unresolved
EPA objections to draft part 70 permits. Thus, there is a small increase
in respondent (source) burden in this ICR compared to the 2004 ICR (an
increase of just under 13%) due to changes in assumptions to better
reflect the numbers of sources and the activities they will be
performing during the period of the analysis. The Agency estimated the
total 3-year Federal burden for administrating a part 71 permit program
at 109 thousand hours in the last ICR (36 thousand hours annually),
while this update predicts about one third of that, 37 thousand hours
(12 thousand hours annually). The reasons for this reduction include a
substantial reduction in the number of permits EPA expects to
administer, specifically part 70 (State) permits EPA would administer
after a finding that a State program is deficient. Thus, there is a
substantial decrease in Federal government burden in this ICR compared
to the 2004 ICR (about a 2/3 decrease) due to changes in assumptions to
better reflect program implementation experience. Because the cost per
hour for the 2004 ICR and this update are similar (with some changes to
reflect wage inflation), the reduction in burden translates into a
similar reduction in cost.

**Table of Contents**

**Executive Summary**.......................................\...E-1

**1. Identification of the Information Collection**...............1

**2. Need and Use of the Collection**...............................5

**3. Non-Duplication, Consultation, and Other**

> **Collection Criteria**..............................................7

**4. The Respondents and the Information Requested**......11

**5. The Information Collected - Collection Methodology and Information
Management**............................\...14

**6. Estimating the Burden and Cost of the Collection**...\...16

> **Attachment 1**
>
> **The Statutory Requirements for Respondent Information** 31

**Attachment 2**

> **February 9, 2007 Federal Register Notice**................43

The part 71 program is a Federal operating permits program implemented
by EPA (or a delegate agency) for sources located in areas where there
is no State, local or Tribal program, such as in Indian country, the
Outer Continental Shelf, Deepwater ports, in areas where there is a
deficient State or local permit program (under part 70), and in cases
where EPA has objected to a draft part 70 permit and the State has
failed to adequately resolve the objection. Title V of the Clean Air Act
imposes on State or local permitting authorities (agencies), the duty to
develop, administer and enforce operating permit programs which comply
with title V and requires EPA to administer and enforce a permit program
when State, local, or Tribal agencies do not establish such a program,
or where they establish such a program but they fail to perform their
duties consistent with title V. Section 502(b) of the Act requires EPA
to promulgate regulations setting forth provisions under which State,
local, or tribal agencies will develop operating permit programs and
submit them to EPA for approval. Pursuant to this section, EPA
promulgated 40 CFR part 70 on July 21, 1992 (57 FR 32250) which
specifies the minimum elements of State operating permit programs.

Pursuant to regulations promulgated by EPA on February 19, 1999 (64 FR
8,247) EPA has authority to establish part 71 programs within Indian
country, and EPA began administering the program in Indian country on
March 22, 1999. Since many Indian tribes lack the resources and capacity
to develop operating permit programs under part 70, EPA will administer
and enforce part 71 programs in the areas that comprise Indian country
in order to protect the air quality of areas under tribal jurisdiction.

The EPA intends to protect tribal air quality through the development of
implementation plans, permits programs and direct assistance to tribes
in developing comprehensive and effective air quality management
programs. The EPA will consult with tribes to identify their particular
needs for air program development assistance and will provide ongoing
assistance as necessary. There are approximately 113 sources in Indian
country that require part 71 permits. This is an increase from the last
ICR renewal, due to an increase in the estimate of the number of major
sources located on Indian country, rather than due to any changes in EPA
mandates.

EPA is the permitting authority for sources located beyond 25 miles (40
km) of the States' seaward boundaries (Outer Continental Shelf or OCS
sources), and the provisions of part 71 apply to the permitting of those
sources, as well. There are currently no OCS sources permitted by EPA
and no OCS sources that have submitted applications for such permits,
but it is conceivable that there will be such sources needing title V
permits during the period covered by this analysis (e.g., offshore oil
and gas exploration or production platforms), therefore this analysis
assumes there may be up to 3 such OCS sources. This is a change from the
last ICR update, where EPA assumed there might be up to 5 OCS sources.

Deepwater port sources are fixed or floating structures that are located
beyond State seaward boundaries, intended for the transportation,
storage and handling of oil or natural gas. An offshore source may be
either an OCS or a deepwater port source (they may be one or the other,
but not both). Because these sources are required by the Deepwater Ports
Act (DPA) to be treated as if they are located in an "area of exclusive
federal jurisdiction within a State," EPA must issue the title V permit
for them \[see § §1518(a)(1) of the DPA\]. Note that previous ICRs for
title V rules did not estimate burdens from these sources because they
are new sources. There are currently 4 DPA applications approved by the
U.S. Coast Guard, and 10 DPA applications submitted for processing (note
that these are not the same as Title V applications). At this time, EPA
has issued 1 operating permit for a DPA source and there are no
additional title V permit applications under review. However, it is
reasonable to expect that a number of DPA sources may submit title V
permit applications within the period covered by this ICR renewal, thus
EPA assumes that up to 3 additional DPA source may become subject to the
program, bringing the total included in this analysis up to 4.

Section 502(i)(4) of the Act requires EPA to promulgate, administer, and
enforce a title V program if EPA makes a determination that a State or
local permitting authority is not adequately administering or enforcing
their EPA-approved title V permitting program. This requirement is
implemented through regulations promulgated by EPA on July 1, 1996 (61
FR 34,202), specifically by §§ 71.4(c) and 71.10(b)(1). The process
described in these regulations can take up to 2 years after a formal
finding by EPA published in the Federal Register that the State part 70
program is deficient in its implementation or enforcement (this notice
is called a "notice of deficiency" or "NOD").

For the 3-year period covered by this ICR, it is unlikely that any State
or local permitting program under part 70 will be replaced by a part 71
program administered by EPA, and thus this ICR renewal does not include
such scenarios. This is a change from the previous ICR where EPA assumed
up to 4 State and local part 70 programs could be replaced by part 71
programs because of outstanding NOD issues. These NOD issues have all
been resolved to EPA's satisfaction, and there are no part 71 permits
being issued for this reason at this time. Also, EPA has just completed
a round of part 70 programs evaluations, which did not result in the
issuance of any new NODs. This is the third round of program reviews EPA
has performed within the last decade and the State programs had gained
experience and matured to the point where EPA believes such scenarios
are much less likely to occur.

Section 505(c) of the Clean Air Act provides that if a permitting
authority fails to submit a permit to EPA that satisfies an EPA
objection, then the EPA shall issue a permit that meets the requirements
of the Act. The part 71 rules implement this provision by providing that
if the State or local permitting authority fails to satisfy an EPA
objection to a part 70 permit then EPA shall issue a part 71 permit
instead. There is currently 1 part 70 source that has been notified that
it needs to submit an application to EPA for a part 71 permit, and it is
conceivable that this circumstance, although rare, may happen again in
the next 3 years, thus this analysis assumes that there may be an
additional 2 such part 71 permits necessary, for a total of 3 such
permits within the period covered by this ICR

For EPA to carry out its required oversight function of reviewing
proposed permits and permit revisions and assuring adequate
implementation of the program, it must have available to it information
on permit applications and issuance, permit revisions and renewals, and
source data reports. The burden estimates included in this ICR provides
emissions, source, and control information for the title V program.

The information included in this ICR is based upon the best data
available to the Agency at this time. However, inconsistencies in
permitting authority reporting techniques, incomplete data sets, and
sampling limitations imposed upon the Agency by the Paperwork Reduction
Act necessitated a certain amount of extrapolation and "best-guess"
estimations by permitting authority and Agency experts. Consequently,
the reader should not consider the conclusions to be an exact
representation of the level of burden or cost that will occur during the
three years of this ICR. Instead, this ICR should be considered a
directionally correct assessment of the impact the Federal Operating
Permits Program will have over the next three years.

Throughout this ICR, the reader will observe estimated values that show
accuracy to the single hour or dollar. However, reporting values at the
single unit level can be misleading. In most situations, the proper way
to present estimated data would be to determine an appropriate level of
precision and truncate values accordingly, usually in terms of thousands
or millions of units. For instance, a spreadsheet generated estimation
of \$5,456,295 could be presented in the text as \$5.5 (millions) or
\$5,456 (thousands). One problem with such an approach is the loss of
data richness when the report contains a mixture of very large and very
small numbers. Such was the case with this ICR, where source values are
consistently in the millions and Federal values in the tens of
thousands. Consequently, to avoid the loss of information through
rounding, this ICR reports all values at the single unit level and
reminds the reader that there is no implied precision inherent in this
style of reporting.

The need for the data required by the part 70 and part 71 operating
permits programs has been well documented in prior ICRs for both
programs. While much of the information requested under this ICR existed
prior to the creation of the operating permits program, an operating
permit is a compilation of existing requirements; the purpose being to
bring all requirements applicable to a source into one document. The
intent of this compilation is to (1) resolve any questions of
applicability at the time of permit issuance, (2) provide certainty to
sources as to their obligations, and (3) provide the public access to a
source's obligations and compliance status. The Agency cannot ignore its
requirement for such previously existing information under this ICR
since consolidation of the information into the operating permit and
providing public access is the whole purpose of the statute. To the
extent that similar information was previously collected (e.g., State
permits under State plans), the program may replace those activities and
avoid duplication of efforts.

For any existing rule, § 3507(g) of the PRA limits the length of time
for which the Director may approve a collection of information to 3
years.

The last ICR renewal (EPA tracking number 1713.05) was granted on
November 1, 2004 for the period ending March 31, 2007. An emergency
extension was granted by OMB on March 13, 2007, extending the expiration
date to June 30, 2007.

Except for information collection in notices of proposed rules or those
exempted under the emergency processing provisions of 44 U.S.C.
§ 3507(j), the PRA requires EPA to solicit comment on each proposed
information collection, including the renewal or modification of
[any]{.underline} existing ICR. On February 9, 2007 (72 FR 6233) EPA
published a notice soliciting comment on an analysis of burden for the
part 71 program for the 3-year period of this ICR (i.e., July 1, 2007 to
June 30, 2010). A copy of the February 2007 notice is included in this
ICR as Attachment 2. No public comments were received.

The current ICR was prepared using data on the numbers of sources and
numbers of permits that are updated on a quarterly basis by each of
EPA's ten Regional Offices. It is these Regional Offices where the part
71 permitting activities are carried out. The actual rates of permit
issuance and permit renewal are reported by the Regional Offices into an
EPA database every three months. Data for each quarter from January 2001
up to September 2006 were incorporated into the derivation of estimates
for future permitting activities to occur during the three years of this
ICR.

The previous ICR discussed three consultative activities that we
believed would provide additional details on the burden associated with
this program. They include a series of title V program evaluations, a
request of the State and Territorial Air Pollution Program
Administrators/Association of Local Air Pollution Control Officials
(STAPPA/ALAPCO) permitting authorities (now called the National
Association of Clean Air Agencies or NACAA) to provide their experiences
on title V burden, and an external taskforce on title V.

The first activity is a series of comprehensive permit program
evaluations for most of the nation's 112 title V operating permitting
programs. These evaluations, now completed, did not result in
quantitative data that would cause us to make any major changes to the
burden and cost assumptions we have used in the past for these ICRs, but
they did result in information generally consistent with past responses
to surveys we have received from State and local agencies and that are
consistent with the assumptions we make in this ICR. However, the
information does support a minor change in assumptions: we are changing
the percentage of public comments that lead to changes to draft permits
from 10% to 2%, consistent with the frequency that the public requests
public hearing on draft permits.

The second activity is a request to review EPA's burden hour assumptions
by members of NACAA's subcommittee on permitting. During a conference
call with them, EPA received input on the draft ICR renewal for part 70
released for public comment. Consistent with NACAA's input during that
consultation, changes have been made to burden estimates for certain
activities performed by EPA when it is the permitting authority under
title V as described in this ICR. This is described more fully in
section 6.2. Also, consistent with NACAA's concerns, in section 4.2.2,
we are providing more detailed descriptions of permitting authority
activities.

The third activity falls under the purview of the Clean Air Act Advisory
Committee. A taskforce (known as title V taskforce) was convened to hear
testimony from industry, State government and environmentalists on the
performance of title V programs and to identify elements of the programs
that are working well or poorly. The taskforce effort resulted in a list
of recommendations to EPA on changes to policy and rulemakings to make
the permit programs more effective; they did not result in any
quantitative data on burden and cost of permitting, thus, this effort
did not result in any data useful for purposes of this ICR. (See
<http://www.epa.gov/oar/oaqps/permits/taskforce.html)>

In general, collection of the information included in this ICR occurs
once per activity (e.g., permit application or permit issuance).
Periodic activities include a semi-annual compliance monitoring data
report and an annual compliance certification from each source required
by section 503(b)(1) and (2), respectively, of the Act. EPA has no
leeway to require less frequent reporting.

The CAA requires retention of all monitoring data and support
information and all permit applications, proposed permits, and final
permit records for a period of 5 years. These records are necessary to
fulfill the intent of title V to assure compliance with applicable
requirements. Questions regarding the obligations of a source and its
status of compliance can be resolved through such records.

All information related to the permitting of sources under this program
and related to compliance monitoring is required by section 503(e) of
the Act to be subject to public review at all times. Information
entitled to protection under 114(c) of the Act may be required to be
submitted directly to EPA. Such information will be stored in EPA's
Confidential Business Information office.

Respondents to this information collection come from sources of
pollution in locations where EPA is the permitting authority (e.g., in
Indian country, OCS, Deepwater ports, and where there are unresolved EPA
objections to part 70 permits). For the purposes of this ICR, the Agency
identified 113 source permits in Indian country. There may also be up to
3 OCS sources and up to 4 Deepwater port sources subject to permitting
by EPA. Finally, EPA assumes in this analysis that there may be up to 3
part 71 permits issued because of EPA objections to part 70 permits
(assuming the State will not adequately resolve the objection). Thus,
this analysis includes a total of 123 sources subject to permitting by
EPA.

For this update, EPA is not assuming that we will take over any entire
State permitting programs due to findings of program deficiencies. The
last ICR update assumed EPA would be issuing up to about 1,600 permits
in 4 hypothetical State or local jurisdictions because of permit program
deficiencies. Since that time, all NODs for State programs have been
resolved to EPA's satisfaction and no part 71 permits were issued in
response to such programs deficiencies in the interim. Also, at this
time EPA has no active NODs and we believe it unlikely that we will be
issuing any permits for this reason during the period covered by this
ICR renewal.

**SIC and NAICS Codes for Part 71 Sources in Indian Country (as of
10/30/06)**

  -----------------------------------------------------------------------
  **SIC Code**                        **NAICS Code**
  ----------------------------------- -----------------------------------
  1021                                212234

  1221                                212111

  1311                                211111

  1321                                211112

  1389                                213112

  2421                                321

  2431                                32191

  2436                                321212

  2493                                321219

  2819                                325

  2842                                325612

  2875                                325314

  2879                                32532

  2899                                325

  3341                                331

  3354                                331316

  4911                                2211

  4922                                48621

  4925                                22121

  4953                                562

  4961                                22133

  5171                                42271

  7011                                7211

  9711                                92811
  -----------------------------------------------------------------------

All activities associated with EPA issuance of operating permits are
information collection activities and are reflected in this ICR. The
following are lists of the data items submitted by sources and
permitting authorities for ICR purposes under part 70. These activities
represent the Agency's best representation of the burdens experienced by
sources and permitting authorities for part 70 and 71 requirements.

**Under Operating Permits rules, the following data items must be
submitted by permitting authorities to the EPA:**

1.  Applications for permits, permit revisions, and permit renewals

2.  Draft / proposed permits, permit revisions, or permit renewals

3.  Final permits

4.  Annual reports of enforcement activities

5.  Semi-annual reports on compliance monitoring

    For this analysis, these submittals are not necessary because EPA
    assumes the role of permitting authority. This analysis also assumes
    we are not delegating any part 71 permitting program functions

    **Under Operating Permit rules, the following data items must be
    submitted by sources to permitting authorities:**

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1.  Applications for permits, permit revisions, and permit renewals

2.  Semi-annual periodic monitoring reports

3.  Annual compliance certification reports

    When the Agency assumes the role of the permitting authority as
    assumed under this ICR, sources will submit these data directly to
    the EPA for action. Attachment 1 includes these statutory
    requirements for reference purposes.

    **5.1 Collection Methodology and Management**

    For the Federal Operating Permits program, EPA will receive data
    from sources in much the same manner as that established for sources
    reporting to State and local agencies in the part 70 State program.
    Thus, when EPA is the permitting authority, we will retain copies of
    each permit application (including any application for permit
    modification), each draft permit, and each final permit.

    Title V provides few ways to mitigate the effects of operating
    permit regulations on small entities. Under section 502(a) of the
    Act, the Agency has exempted or deferred applicability of title V to
    most non-major source categories (up to 50,000 small sources) for
    which compliance with title V will be impracticable, infeasible, or
    unnecessarily burdensome. (For example, see a recent final rule, 70
    FR 75320, December 19, 2005, which exempted a large number of small
    sources.) The Agency has not analyzed how many of these non-major
    sources will be small businesses, but believes that a large
    percentage may fall under that definition.

    In accordance with the analytical requirements established under the
    Regulatory Flexibility Act (RFA) and the Small Business Regulatory
    Enforcement Fairness Act (SBREFA), the Agency has determined that,
    because this ICR represents a reduction of burden primarily due to a
    smaller number of sources subject to permitting by EPA, there are no
    adverse effects to be identified *vis a vis* small entities and
    small businesses.

    Items identified in section 4.2.1 are listed below with their
    schedule for submission.

    **Sources** (submitted to permitting authority):

-   New permit applications are due within 1 year after a source becomes
    subject to the program

-   Permit revision applications are submitted by a source when it
    wishes to make a change to its permit. There is no schedule for
    these submissions in that they are triggered by modifications by the
    source

-   Permit renewal applications are due at least 6 months prior to
    expiration of the permit

-   Semi-annual periodic monitoring reports are due to be submitted to
    the permitting authority twice a year on dates specified by the
    permitting authority

-   Annual compliance certification reports are due annually on a date
    specified by the permitting authority

    Table 1 lists all of the affected sources subject to permitting by
    EPA included in this analysis and the date they begin being subject
    to permitting by EPA.

+--------------+-------------+------------+-------------+-------------+
| **TABLE 1**  |             |            |             |             |
|              |             |            |             |             |
| **IM         |             |            |             |             |
| PLEMENTATION |             |            |             |             |
| SCHEDULE FOR |             |            |             |             |
| SOURCES      |             |            |             |             |
| PERMITTED BY |             |            |             |             |
| EPA**        |             |            |             |             |
+--------------+-------------+------------+-------------+-------------+
|              | **Indian    | **OCS**    | **Deepwater | **Due to    |
|              | Country**   |            | Ports**     | Objection** |
+--------------+-------------+------------+-------------+-------------+
| July 1, 2007 | 113         | 0          | 1           | 0           |
+--------------+-------------+------------+-------------+-------------+
| January 1,   | 0           | 0          | 0           | 0           |
| 2008         |             |            |             |             |
+--------------+-------------+------------+-------------+-------------+
| July 1, 2008 | 0           | 1          | 1           | 1           |
+--------------+-------------+------------+-------------+-------------+
| January 1,   | 0           | 0          | 0           | 0           |
| 2009         |             |            |             |             |
+--------------+-------------+------------+-------------+-------------+
| July 1, 2009 | 0           | 1          | 1           | 1           |
+--------------+-------------+------------+-------------+-------------+
| January 1,   | 0           | 0          | 0           | 0           |
| 2010         |             |            |             |             |
+--------------+-------------+------------+-------------+-------------+
| June 30,     | 0           | 1          | 1           | 1           |
| 2010         |             |            |             |             |
+--------------+-------------+------------+-------------+-------------+
| **Total**    | **113**     | **3**      | **4**       | **3**       |
+--------------+-------------+------------+-------------+-------------+

During three years of this ICR, the Agency will manage 113 sources in
Indian country, up to 3 OCS sources, up to 4 Deepwater port sources, and
up to 3 permits issued because of EPA objection to a draft part 70
permit.

The EPA has issued part 71 permits to 80 of the 114 sources that will be
subject to EPA permitting by July 2007. Thus, at the beginning of this
ICR, there will be a backlog of 34 existing sources that have not yet
received their initial permits. (These sources have submitted their
initial permit applications, so this ICR includes no burden for
preparation of these applications.) The Agency projects that the
backlogged permits will all be issued during the 3 years of this ICR, 12
in the first year and 11 each in years 2 and 3.

As shown in Table 1, EPA projects that 9 new sources will become subject
to EPA permitting during the course of this ICR (3 OCS sources, 4
Deepwater port sources, and 2 sources with part 70 permits to which EPA
objects). We calculate the burden for these sources to include all the
activities associated with obtaining an initial permit.

Also during the period of this ICR, a number of existing sources'
initial part 71 permits will have to be renewed. (The term of a part 71
permit is 5 years.) The EPA estimates that there will be 42 backlogged
permit renewals by July 2007 when this ICR begins. In addition, we
estimate that another 30 part 71 permits will be nearing expiration and
have to be renewed during the period of this ICR. The Agency projects
that these 72 permit renewals will be issued in equal numbers each year
(i.e., 24 renewals per year).

Table 2 displays the expected source burden for permitting when EPA is
the permitting authority. Burden means the total time, effort, and
financial resources expended by persons to generate, maintain, retain,
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.

The Agency derived its estimates in Tables 2 and 3 from previous
consultations with fewer than nine respondents from the regulated
community on the burdens and costs of the permit programs, data
collected by EPA from permitting authorities on the numbers of permits
issued, renewed, and modified in the course of program administration,
and based on our analysis of data submitted within the context of State
and local permitting program evaluations. In the initial ICR for part
71, the Agency assumed sources are indifferent (from an effort
perspective) between reporting to the Federal government and reporting
to a State permitting authority.[^2] Consequently, Table 2 is the same
for both part 70 estimates and this ICR.

+---------------------------------------------+------------------------+
| **TABLE 2**                                 |                        |
|                                             |                        |
| **SOURCE BURDEN BY ACTIVITY**               |                        |
+=============================================+========================+
| **ACTIVITY**                                | **BURDEN PER SOURCE**  |
|                                             |                        |
|                                             | **OR PERMIT**          |
+---------------------------------------------+------------------------+
| Prepare Initial Permit Application          | 300 hrs                |
+---------------------------------------------+------------------------+
| Draft Permit Interaction                    | 40 hrs                 |
+---------------------------------------------+------------------------+
| Gap-filling Monitoring Development (50% of  | 40 hrs                 |
| permits)                                    |                        |
+---------------------------------------------+------------------------+
| Public Hearing Participation (2% of         | 10 hrs                 |
| permits)                                    |                        |
+---------------------------------------------+------------------------+
| Operate Gap-filling Periodic Monitoring     | 200 hrs / yr           |
| (50% of permits)                            |                        |
+---------------------------------------------+------------------------+
| Prepare Monitoring Reports and Compliance   | 80 hrs / yr            |
| Certification                               |                        |
+---------------------------------------------+------------------------+
| Permit Revisions                            | 80 hrs                 |
|                                             |                        |
| Significant Permit Modifications (10% of    | 40 hrs                 |
| Permits)                                    |                        |
|                                             | 8 hrs                  |
| Minor Permit Modifications (50% of Permits) |                        |
|                                             |                        |
| Administrative Amendments (50 % of Permits) |                        |
+---------------------------------------------+------------------------+
| Prepare Permit Renewal Application          | 200 hrs                |
+---------------------------------------------+------------------------+
| Other Permit Renewal Activities             | 20 hrs                 |
+---------------------------------------------+------------------------+

The following tables and descriptions concern burden estimates for
specific activities required of sources and EPA when EPA is the
permitting authority. In all cases, the activities listed for
source-level activities match those for sources under the part 70
operating permits programs and the activities for the permitting
authority (in this case EPA) match those for State and local permitting
authorities under the part 70 program.

**[PERMITTING AUTHORITY ACTIVITIES]{.underline}**

1.  **Program administration:** Responding to inquiries about the
    program, developing internal and external program guidance,
    developing rules, forms, and other mechanisms to implement the
    program, planning, attending program training, permit fee
    collection, providing source training, attending meetings and
    conferences, providing public education, and other program related
    activities.

2.  **Permit application review,** including discussions with a source
    concerning the completeness of the permit application, review of
    applications for completeness and technical approach, and requests
    for additional information, when necessary.

3.  **Draft permit preparation,** including contact with the source to
    clarify the specific requirements that apply, drafting the
    "statement of basis," drafting gap-filing monitoring, when
    necessary, and drafting permit terms and conditions to reflect
    existing requirements.

    4.  **Comment period notification:** Providing notice to the public,
        and affected States of the comment period on a draft permit (for
        initial permit issuance, permit renewal and significant permit
        modification). Affected State notification is also required for
        minor permit modification.

        **[SOURCE-SPECIFIC ACTIVITIES]{.underline}**

```{=html}
<!-- -->
```
1.  **Permit application preparation**, including internal meetings,
    permitting authority discussions, management and legal department
    involvement, responsible official certification, contractor services

2.  **Draft permit development**: Interaction with the permitting
    authority on draft permit development

3.  **Gap-filling development**: Development of periodic monitoring
    gap-filling, if applicable

4.  **Public hearing participation**

5.  **Operate gap-filling periodic monitoring:** Operation of monitoring
    equipment and the taking and keeping of records, where necessary

6.  **Monitoring reports**: Preparing semi-annual monitoring data
    reports, including data analysis, responsible official
    certification, and report submission (annual burden for both
    reports). Includes preparing and submitting annual compliance
    certification

7.  **Permit revisions**: Preparing applications for permit revisions

8.  **Permit renewal**: Preparing permit renewal applications

9.  **Other activities associated with permit renewal**, including
    discussions with permitting authority and public hearing
    participation

    Table 3 displays the expected burden for all of the specific tasks
    necessary for EPA to perform its permit program functions when EPA
    is the permitting authority under title V. We made changes to the
    burden estimates in table 3 since the last ICR renewal, including
    revising the burden for EPA to issue permit renewals and significant
    modifications from 60 hours per activity to 90 hours per activity
    for both, and changed the burden for EPA to issue minor permit
    modification from 20 hours per activity to 30 hours per activity.
    These changes were made to more accurately reflect the burdens of
    public notification, public comment, public hearing, and affected
    State review for these activities, consistent with changes we made
    to the recent part 70 ICR renewal, and consistent with NACAA input
    on these ICRs.

+-----------------------------------+----------------------------------+
| **TABLE 3**                       |                                  |
|                                   |                                  |
| **PERMITTING AUTHORITY BURDEN BY  |                                  |
| ACTIVITY**                        |                                  |
+-----------------------------------+----------------------------------+
| **ACTIVITY**                      | **PART 70 BURDEN PER PERMIT OR   |
|                                   | PROGRAM**                        |
+-----------------------------------+----------------------------------+
| Program Administration            | 3,500 hrs / PA / yr              |
+-----------------------------------+----------------------------------+
| Initial Permit Application Review | 100 hrs / permit                 |
+-----------------------------------+----------------------------------+
| Draft Permits Preparation         | 150 hrs / permit                 |
+-----------------------------------+----------------------------------+
| Comment Period Notification       | 10 hrs / permit                  |
+-----------------------------------+----------------------------------+
| Hold Public Hearings (2% of       | 100 hrs / hearing                |
| permits)                          |                                  |
+-----------------------------------+----------------------------------+
| Analyze Public Comments (2% of    | 40 hrs / permit                  |
| permits)                          |                                  |
+-----------------------------------+----------------------------------+
| Permit Issuance                   | 8 hrs / permit                   |
+-----------------------------------+----------------------------------+
| Permit Revision                   | 90 hrs / permit                  |
|                                   |                                  |
| Significant Permit Modification   | 30 hrs / permit                  |
|                                   |                                  |
| Minor Permit Modification         | 5 hrs / permit                   |
|                                   |                                  |
| Administrative Amendment          |                                  |
+-----------------------------------+----------------------------------+
| Permit Renewal                    | 90 hrs / permit                  |
+-----------------------------------+----------------------------------+
| Review Reports:                   | 10 hrs / permit                  |
|                                   |                                  |
| Monitoring (2 reports / yr)       | 5 hrs / permit                   |
|                                   |                                  |
| Compliance Certification          |                                  |
+-----------------------------------+----------------------------------+

Historically, the Agency had assumed 70% of all source burden categories
would be performed in-house, with the remaining 30% delegated to
contractors.[^3] However, this renewal incorporates the previous ICR
reassessment of that assumption which is based on allocation of
contractor support for only the initial permit application task. This
analysis assumes one-third of the source\'s initial permit application
preparation would be performed by contracted labor. The remainder of the
source\'s tasks would be done entirely in-house.

In the 2000 ICR renewal, EPA determined source wage rates based on data
from the 1997 [Statistical Abstract of the United States]{.underline},
adjusted to 1999 dollars using the Employment Cost Index (ECI). The
Agency estimated the total hourly cost of in-house labor using the wage
rates for technical support staff (at full time), administrative staff
(at one-eleventh time), and administrative support staff (at one-eighth
time), adding in the costs for benefits, sick leave/vacation, and
general overhead. The resulting hourly cost was \$32 per hour for
in-house labor. In the 2004 ICR renewal, EPA calculated an updated
hourly cost for in-house labor using the same methodology. At that time,
the hourly cost was \$34 per hour.

For this ICR renewal, the Agency was unable to duplicate the methodology
used in 2000 and 2004 because the Bureau of the Census has changed the
data reported in the [Statistical Abstract of the United
States]{.underline}. Instead, EPA updated the hourly cost for in-house
labor by adjusting the 2004 value (in 2003 dollars) to 2006 dollars
using the ECI for white-collar workers in private industry. This
calculation resulted in an hourly cost of \$38 for in-house labor as
detailed below in Table 4.

+-----------------------------------------------------------------------+
| **TABLE 4**                                                           |
|                                                                       |
| **DETERMINATION OF SOURCE IN-HOUSE BURDEN COSTS**                     |
+-----------------------------------------------------------------------+
| $$\text{Cost}_{\text{2006}} = \text{Cost                              |
| }_{\text{2003}} \ast \left( \frac{\text{ECI}_{\text{2005}}}{\text{ECI |
| }_{\text{2003}}} \right) \ast \text{ECI}_{\text{2006}\text{factor}}$$ |
|                                                                       |
| $= \$\text{34}\text{.}\frac{\text{40}}{\text{hour}} \ast \fra         |
| c{\text{183}\text{.}8}{\text{172}\text{.}0} \ast 1\text{.}\text{029}$ |
|                                                                       |
| $= \$\text{37}\text{.}\frac{\text{83}}{\text{hour}}$                  |
+-----------------------------------------------------------------------+
| ECI~2003~ and ECI~2005~ from U.S. Census Bureau, [Statistical         |
| Abstract of the United States, 2007]{.underline}, Table 632, Private  |
| industry workers, white-collar occupations. Available at              |
| [www.census.gov/compendia/statab/labor_force_employment_earnings/     |
| compensation_wages_and_earnings/](http://www.census.gov/compendia/sta |
| tab/labor_force_employment_earnings/compensation_wages_and_earnings/) |
|                                                                       |
| ECI~2006factor~ from U.S. Department of Labor, Bureau of Labor        |
| Statistics at                                                         |
| [www.bls.gov/                                                         |
| new.release/eci.t05.htm](http://www.bls.gov/new.release/eci.t05.htm). |
| Index for September 2006 relative to December 2005 for private        |
| industry workers, white-collar occupations excluding sales.           |
+-----------------------------------------------------------------------+

For contracted labor, operating permit management and reporting require
the same skills employed by the EPA\'s consultants. For the 2000 ICR, as
an estimation of a source\'s consulting costs, the Agency averaged the
fully loaded cost of three environmental contractors at the PL 2
(secretarial support), PL 3 (technical), and PL 4 (administration)
levels, applying the methodology employed below in Table 5 for
establishing a Federal and PA FTE wage rate. The fully loaded hourly
cost calculated at that time for Industry-hired consultants was \$268
(1999 dollars). Therefore, the hourly rate for preparing the initial
permit application was set at \$111 for the 2000 ICR (1/3 of \$268 plus
2/3 of \$32). All other source tasks were estimated using the in-house
hourly cost of \$32 per hour.

Because of the confidential nature of the values used to estimate
contractor hourly costs, the exact methodology was not documented in the
2000 ICR. As a result, for the 2004 ICR renewal EPA used the ECI to
update the hourly cost for preparing initial permit applications,
calculating a value of \$131 per hour. For the current ICR renewal, EPA
has used the same approach. The Agency used the methodology detailed
above in Table 4, except that we started with the value in 1999 dollars
(\$111 per hour) and used the ECI for 1999 (146.9) in place of the ECI
for 2003. This resulted in an hourly cost for preparing an initial
permit application of \$143. All other source tasks are estimated at the
in-house hourly cost of \$38 per hour, as discussed above.

Historically, the Agency applied a \$34 per hour rate for Federal and
State full time employee (FTE) wage rates. During the development of the
ICR for the part 71 Federal Operating Permit Regulations, the Agency was
instructed by the Office of General Council (OGC) to compute more
accurate estimations of these hourly costs. To determine the appropriate
hourly wage to apply for each respondent burden estimation, OGC
instructed the Agency to assume the appropriate FTE rate to apply would
be a GS-11 Step 3, fully loaded to account for overhead, benefits, and
all other appropriate costs. To fully incorporate the cost of that
FTE\'s support staff and managerial costs, the Agency also assumed
one-eleventh of a manager\'s time (at a GS-13, Step 3 level), and
one-eighth of a secretary\'s time (at a GS-6, Step 6 level). Applying
the same process for this ICR renewal, the Agency has determined the
appropriate cost of Federal and permitting authority burden at \$45 per
hour. Table 5 displays the calculation of this rate.

**TABLE 5**

**DETERMINATION OF FEDERAL AND PERMITTING AUTHORITY BURDEN COSTS**

+-----------------------------------------------------------------------+
| Annual Salary of Permit Staff, GS 11 Step 3 (FY 06 Schedule)\*        |
| \$49,269.00                                                           |
|                                                                       |
| Annual Cost of Supervisory Staff, GS 13 Step 3 (FY 06 Schedule )\*    |
| \$70,220.00                                                           |
|                                                                       |
| Factor (1/11) [0.09]{.underline}                                      |
|                                                                       |
| \$6,319.80                                                            |
|                                                                       |
| Annual Cost of Admin. Support Staff, GS 6 Step 6 (FY 06 Schedule)\*   |
| \$32,765.00                                                           |
|                                                                       |
| Factor (1/8) [0.13]{.underline}                                       |
|                                                                       |
| [\$4,259.45]{.underline}                                              |
|                                                                       |
| Annual Applicable Salary of Permit Staff \$59,848.25                  |
|                                                                       |
| Benefits (at 16%) \$9,575.72                                          |
|                                                                       |
| Sick Leave/Vacation (at 10%) \$5,984.83                               |
|                                                                       |
| General Overhead [\$18,511.67]{.underline}                            |
|                                                                       |
| Total Cost Per FTE \$93,920.47                                        |
|                                                                       |
| Total Hourly Cost (Total Per FTE divided by 2,080 hours per year)     |
| \$45.15                                                               |
+-----------------------------------------------------------------------+

\* http://www.opm.gov/oca/06tables/html/gs.asp, January 4, 2007

Table 6 lists the burden categories, expected number of occurrences for
each, and the associated burden and costs for sources when EPA is the
permitting authority. The quantities in the "affected permits" column
are from direct assessments of the 123 permits EPA expects to administer
during the period covered by this ICR (113 Indian country sources, 3 OCS
sources, 4 Deepwater ports sources, and 3 due to EPA objection). Each
activity in Table 6 is based on the burden estimates from Table 2.

+--------------+------+----+-------+--------+------+--------+--------+
| **TABLE 6**  |      |    |       |        |      |        |        |
|              |      |    |       |        |      |        |        |
| **TOTAL AND  |      |    |       |        |      |        |        |
| AVERAGE      |      |    |       |        |      |        |        |
| BURDEN AND   |      |    |       |        |      |        |        |
| COST OF      |      |    |       |        |      |        |        |
| SOURCE       |      |    |       |        |      |        |        |
| ACTIVITIES** |      |    |       |        |      |        |        |
|              |      |    |       |        |      |        |        |
| **UNDER EPA  |      |    |       |        |      |        |        |
| ADMI         |      |    |       |        |      |        |        |
| NISTRATION** |      |    |       |        |      |        |        |
+==============+======+====+=======+========+======+========+========+
| **ACTIVITY** | **BU | ** | **AFF | **T    | *    | **T    | **AVE  |
|              | RDEN | RA | ECTED | OTAL** | *AVE | OTAL** | RAGE** |
|              | PER  | TE | PERM  |        | RAGE |        | **AN   |
|              | PE   | P  | ITS** | **     | AN   | **     | NUAL** |
|              | RMIT | ER |       | THREE- | NUAL | THREE- |        |
|              | (    | HO |       | YEAR** | BU   | YEAR** | **     |
|              | HOUR | UR |       |        | RDEN |        | COST** |
|              | S)** | ** |       | **     | (    | **     |        |
|              |      |    |       | BURDEN | HOUR | COST** | **(\$2 |
|              |      |    |       | (HO    | S)** |        | 006)** |
|              |      |    |       | URS)** |      | **(\$2 |        |
|              |      |    |       |        |      | 006)** |        |
+--------------+------+----+-------+--------+------+--------+--------+
| Initial      | 300  | \  | 9     | 2,700  | 900  | \$3    | \$1    |
| Permit       |      | $1 |       |        |      | 86,100 | 28,700 |
| A            |      | 43 |       |        |      |        |        |
| pplication\* |      |    |       |        |      |        |        |
+--------------+------+----+-------+--------+------+--------+--------+
| Draft Permit | 40   | \$ | 43    | 1,720  | 573  | \$     | \$     |
| Int          |      | 38 |       |        |      | 65,360 | 21,787 |
| eraction\*\* |      |    |       |        |      |        |        |
+--------------+------+----+-------+--------+------+--------+--------+
| Gap Filling  | 40   | \$ | 22    | 880    | 293  | \$     | \$     |
| Monitoring   |      | 38 |       |        |      | 33,440 | 11,147 |
| Development  |      |    |       |        |      |        |        |
| (50% of      |      |    |       |        |      |        |        |
| permits)\*\* |      |    |       |        |      |        |        |
+--------------+------+----+-------+--------+------+--------+--------+
| Public       | 10   | \$ | 1     | 10     | 3    | \$380  | \$127  |
| Hearing      |      | 38 |       |        |      |        |        |
| P            |      |    |       |        |      |        |        |
| articipation |      |    |       |        |      |        |        |
| (2% of       |      |    |       |        |      |        |        |
| permits)\*\* |      |    |       |        |      |        |        |
+--------------+------+----+-------+--------+------+--------+--------+
| Operate Gap  | 200  | \$ | year  | year 1 | 2    | \$3    | \$1    |
| Filling      |      | 38 | 1 40  | 8,000  | ,667 | 04,000 | 01,333 |
| Monitoring   |      |    | 35    | 7,000  |      |        |        |
| (50% of      |      |    |       |        | 3    | \$3    | \$1    |
| pe           |      |    | year  | year 2 | ,200 | 64,800 | 21,600 |
| rmits)\*\*\* |      |    | 2 48  | 9,600  |      |        |        |
|              |      |    | 35    | 7,000  | [3,  | [\$41  | [\$13  |
|              |      |    |       |        | 667] | 8,000] | 9,333] |
|              |      |    | year  | year 3 | {.un | {.unde | {.unde |
|              |      |    | 3 55  | [1     | derl | rline} | rline} |
|              |      |    | 35    | 1,000] | ine} |        |        |
|              |      |    |       | {.unde |      | \$1,0  | \$3    |
|              |      |    |       | rline} | 9    | 86,800 | 62,266 |
|              |      |    |       | [      | ,534 |        |        |
|              |      |    |       | 7,000] |      |        |        |
|              |      |    |       | {.unde |      |        |        |
|              |      |    |       | rline} |      |        |        |
|              |      |    |       |        |      |        |        |
|              |      |    |       | 28,600 |      |        |        |
|              |      |    |       | 21,000 |      |        |        |
+--------------+------+----+-------+--------+------+--------+--------+
| Prepare      | 80   | \$ | year  | year 1 | 2    | \$2    | \$     |
| Monitoring   |      | 38 | 1 80  | 6,400  | ,133 | 43,200 | 81,067 |
| Reports and  |      |    | 105   | 8,400  |      |        |        |
| Compliance   |      |    |       |        | 2    | \$2    | \$     |
| Ce           |      |    | year  | year 2 | ,533 | 88,800 | 96,267 |
| rtifications |      |    | 2 95  | 7,600  |      |        |        |
| (all         |      |    | 105   | 8,400  | [2,  | [\$33  | [\$11  |
| pe           |      |    |       |        | 907] | 1,360] | 0,453] |
| rmits)\*\*\* |      |    | year  | year 3 | {.un | {.unde | {.unde |
|              |      |    | 3 109 | [      | derl | rline} | rline} |
|              |      |    | 105   | 8,720] | ine} |        |        |
|              |      |    |       | {.unde |      | \$8    | \$2    |
|              |      |    |       | rline} | 7    | 63,360 | 87,787 |
|              |      |    |       | [      | ,573 |        |        |
|              |      |    |       | 8,400] |      |        |        |
|              |      |    |       | {.unde |      |        |        |
|              |      |    |       | rline} |      |        |        |
|              |      |    |       |        |      |        |        |
|              |      |    |       | 22,720 |      |        |        |
|              |      |    |       | 25,200 |      |        |        |
+--------------+------+----+-------+--------+------+--------+--------+
| Permit       | 80   | \$ | year  | year 1 | 213  | \$     | \      |
| Rev          |      | 38 | 1 8   | 640    |      | 24,320 | $8,107 |
| isions\*\*\* | 40   |    | 10    | 800    | 267  |        |        |
|              |      |    |       |        |      | \$     | \$     |
| Significant  | 8    |    | year  | year 2 | [    | 30,400 | 10,133 |
| Permit Mods  |      |    | 2 10  | 800    | 293] |        |        |
| (10% of      |      |    | 10    | 800    | {.un | [\$3   | [\$1   |
| existing     |      |    |       |        | derl | 3,440] | 1,147] |
| permits)     |      |    | year  | year 3 | ine} | {.unde | {.unde |
|              |      |    | 3     | [880]  |      | rline} | rline} |
| Minor Permit |      |    | [     | {.unde | 773  |        |        |
| Mods (50% of |      |    | 11]{. | rline} |      | \$     | \$     |
| existing     |      |    | under | [800]  | 533  | 88,160 | 29,387 |
| permits)     |      |    | line} | {.unde |      |        |        |
|              |      |    | 10    | rline} | 640  | \$     | \$     |
| Admin        |      |    |       |        |      | 60,800 | 20,267 |
| Amendments   |      |    | 29    | 2,320  | [    |        |        |
| (50% of      |      |    |       | 2,400  | 733] | \$     | \$     |
| existing     |      |    | year  |        | {.un | 72,960 | 24,320 |
| permits)     |      |    | 1 40  | year 1 | derl |        |        |
|              |      |    | 53    | 1,600  | ine} | [\$8   | [\$2   |
| Revision     |      |    |       | 2,120  |      | 3,600] | 7,867] |
| Subtotal     |      |    | year  |        | 1    | {.unde | {.unde |
|              |      |    | 2 48  | year 2 | ,906 | rline} | rline} |
|              |      |    | 53    | 1,920  |      |        |        |
|              |      |    |       | 2,120  | 107  | \$2    | \$     |
|              |      |    | year  |        |      | 17,360 | 72,454 |
|              |      |    | 3     | year 3 | 128  |        |        |
|              |      |    | [     | [      |      | \$     | \      |
|              |      |    | 55]{. | 2,200] | [    | 12,160 | $4,053 |
|              |      |    | under | {.unde | 147] |        |        |
|              |      |    | line} | rline} | {.un | \$     | \      |
|              |      |    | 53    | [      | derl | 14,592 | $4,864 |
|              |      |    |       | 2,120] | ine} |        |        |
|              |      |    | 143   | {.unde |      | [\$1   | [\$    |
|              |      |    |       | rline} | 382  | 6,720] | 5,573] |
|              |      |    | year  |        |      | {.unde | {.unde |
|              |      |    | 1 40  | 5,720  | 3    | rline} | rline} |
|              |      |    | 53    | 6,360  | ,061 |        |        |
|              |      |    |       |        |      | \$     | \$     |
|              |      |    | year  | year 1 |      | 43,472 | 14,491 |
|              |      |    | 2 48  | 320    |      |        |        |
|              |      |    | 53    | 424    |      | \$3    | \$1    |
|              |      |    |       |        |      | 48,992 | 16,332 |
|              |      |    | year  | year 2 |      |        |        |
|              |      |    | 3     | 384    |      |        |        |
|              |      |    | [     | 424    |      |        |        |
|              |      |    | 55]{. |        |      |        |        |
|              |      |    | under | year 3 |      |        |        |
|              |      |    | line} | [440]  |      |        |        |
|              |      |    |       | {.unde |      |        |        |
|              |      |    | 143   | rline} |      |        |        |
|              |      |    | 53    | [424]  |      |        |        |
|              |      |    |       | {.unde |      |        |        |
|              |      |    |       | rline} |      |        |        |
|              |      |    |       |        |      |        |        |
|              |      |    |       | 1,144  |      |        |        |
|              |      |    |       | 1,272  |      |        |        |
|              |      |    |       |        |      |        |        |
|              |      |    |       | 9,184  |      |        |        |
|              |      |    |       | 10,032 |      |        |        |
+--------------+------+----+-------+--------+------+--------+--------+
| Renewal      | 200  | \$ | 72    | 14,400 | 4    | \$5    | \$1    |
| Permit       |      | 38 |       | 15,000 | ,800 | 47,200 | 82,400 |
| Application  |      |    |       |        |      |        |        |
+--------------+------+----+-------+--------+------+--------+--------+
| Other        | 20   | \$ | 72    | 1,440  | 480  | \$     | \$     |
| Renewal      |      | 38 |       | 1,000  |      | 54,720 | 18,240 |
| Activities   |      |    |       |        |      |        |        |
+--------------+------+----+-------+--------+------+--------+--------+
| **TOTALS**   |      |    |       | 81,654 | 27   | \$3,3  | \$1,1  |
|              |      |    |       |        | ,218 | 86,352 | 28,784 |
+--------------+------+----+-------+--------+------+--------+--------+
| \* This      |      |    |       |        |      |        |        |
| activity     |      |    |       |        |      |        |        |
| applies only |      |    |       |        |      |        |        |
| to the new   |      |    |       |        |      |        |        |
| sources that |      |    |       |        |      |        |        |
| must be      |      |    |       |        |      |        |        |
| permitted    |      |    |       |        |      |        |        |
| during the   |      |    |       |        |      |        |        |
| period of    |      |    |       |        |      |        |        |
| this ICR.    |      |    |       |        |      |        |        |
|              |      |    |       |        |      |        |        |
| \*\* These   |      |    |       |        |      |        |        |
| activities   |      |    |       |        |      |        |        |
| apply to all |      |    |       |        |      |        |        |
| initial      |      |    |       |        |      |        |        |
| permits      |      |    |       |        |      |        |        |
| issued       |      |    |       |        |      |        |        |
| during the   |      |    |       |        |      |        |        |
| period of    |      |    |       |        |      |        |        |
| this ICR,    |      |    |       |        |      |        |        |
| i.e., 9      |      |    |       |        |      |        |        |
| new + 34     |      |    |       |        |      |        |        |
| backlogged = |      |    |       |        |      |        |        |
| 43 permits.  |      |    |       |        |      |        |        |
|              |      |    |       |        |      |        |        |
| \*\*\* These |      |    |       |        |      |        |        |
| activities   |      |    |       |        |      |        |        |
| apply to the |      |    |       |        |      |        |        |
| existing     |      |    |       |        |      |        |        |
| sources that |      |    |       |        |      |        |        |
| have a part  |      |    |       |        |      |        |        |
| 71 permit at |      |    |       |        |      |        |        |
| the          |      |    |       |        |      |        |        |
| beginning of |      |    |       |        |      |        |        |
| each year of |      |    |       |        |      |        |        |
| this ICR:    |      |    |       |        |      |        |        |
| 80 sources   |      |    |       |        |      |        |        |
| as of July   |      |    |       |        |      |        |        |
| 2007, 95     |      |    |       |        |      |        |        |
| sources as   |      |    |       |        |      |        |        |
| of July      |      |    |       |        |      |        |        |
| 2008, and    |      |    |       |        |      |        |        |
| 109 sources  |      |    |       |        |      |        |        |
| as of July   |      |    |       |        |      |        |        |
| 2009.        |      |    |       |        |      |        |        |
+--------------+------+----+-------+--------+------+--------+--------+

Table 7 lists the burden categories when the EPA (Federal government)
acts as the permitting authority under title V, the expected number of
permits involved, and the expected cost for each category, based on the
burden estimations from Table 3.

+------------------------+---------+------------+-----------+---------+
| **TABLE 7**            |         |            |           |         |
|                        |         |            |           |         |
| **THE BURDEN AND COST  |         |            |           |         |
| OF EPA ACTIVITIES WHEN |         |            |           |         |
| EPA IS THE PERMITTING  |         |            |           |         |
| AUTHORITY**            |         |            |           |         |
+------------------------+---------+------------+-----------+---------+
| **ACTIVITY**           | *       | **Affected | **Total   | **Total |
|                        | *Burden | Permits or | 3-Year    | 3-Year  |
|                        | Hours   | Programs** | Burden    | Cost    |
|                        | per     |            | (Hours)** | (\$20   |
|                        | Permi   |            |           | 06)\*** |
|                        | t\*\*** |            |           |         |
+------------------------+---------+------------+-----------+---------+
| Program Administration | 3,500   | 1          | 10,500    | \$      |
|                        | per     |            |           | 472,500 |
|                        | year    |            |           |         |
+------------------------+---------+------------+-----------+---------+
| Permit Application     | 100     | 9          | 900       | \       |
| Review                 |         |            |           | $40,500 |
+------------------------+---------+------------+-----------+---------+
| Draft Permit           | 150     | 43         | 6,450     | \$      |
| Preparation            |         |            |           | 290,250 |
+------------------------+---------+------------+-----------+---------+
| Comment Period         | 10      | 43         | 430       | \       |
| Notification           |         |            |           | $19,350 |
+------------------------+---------+------------+-----------+---------+
| Public Hearing (by     | 100     | 1          | 100       | \$4,500 |
| Hearing) (2% of        |         |            |           |         |
| permits)               |         |            |           |         |
+------------------------+---------+------------+-----------+---------+
| Analyzing Public       | 40      | 1          | 40        | \$1,800 |
| Comments (2% of        |         |            |           |         |
| permits)               |         |            |           |         |
+------------------------+---------+------------+-----------+---------+
| Permit Issuance        | 8       | 43         | 344       | \       |
|                        |         |            |           | $15,480 |
+------------------------+---------+------------+-----------+---------+
| Permit Revisions       | 90      | 29         | 2,610     | \$      |
|                        |         |            |           | 117,450 |
| Significant (10% of    |         |            |           |         |
| permits)               |         |            |           |         |
+------------------------+---------+------------+-----------+---------+
| Minor (50% of permits) | 30      | 143        | 4,290     | \$      |
|                        |         |            |           | 193,050 |
+------------------------+---------+------------+-----------+---------+
| Administrative (50% of | 5       | 143        | 715       | \       |
| permits)               |         |            |           | $32,175 |
|                        |         |            | 7,615     |         |
| Revision Subtotal      |         |            |           | \$      |
|                        |         |            |           | 342,675 |
+------------------------+---------+------------+-----------+---------+
| Permit Renewals        | 90      | 72         | 6,480     | \$      |
|                        |         |            |           | 291,600 |
+------------------------+---------+------------+-----------+---------+
| Review Monitoring and  | 15      | 80         | 1,200     | \       |
| Compliance             |         |            |           | $54,000 |
|                        | 15      | 95         | 1,425     |         |
| Reports                |         |            |           | \       |
|                        | 15      | 109        | [         | $64,125 |
| Year 1                 |         |            | 1,635]{.u |         |
|                        |         |            | nderline} | [       |
| Year 2                 |         |            |           | \$73,57 |
|                        |         |            | 4,260     | 5]{.und |
| Year 3                 |         |            |           | erline} |
|                        |         |            |           |         |
|                        |         |            |           | \$      |
|                        |         |            |           | 191,700 |
+------------------------+---------+------------+-----------+---------+
| Totals                 |         |            | 37,118    | \$1,    |
|                        |         |            |           | 670,355 |
+------------------------+---------+------------+-----------+---------+

\* The wage rate applied was \$45 per hour, see Section 6.3.2 Estimating
PA and Agency Costs for details.

\*\* Units are per permit except program administration (per PA) and
public hearings (per hearing)

There are no expected capital or O&M costs for this ICR. Moreover, the
regulations do not mandate the purchase of any capital equipment, nor do
they require any O&M procedures. Although EPA does not have separate
estimates for capital and O&M costs, we believe past input from State
permitting authorities on the burdens of part 70 programs may have
considered such costs within their estimates for the burden of program
activities (e.g., the costs of obtaining computers to aid in program
administration).

+-------------+------+-------+-------+-------+------+------+-------+
| **TABLE 8** |      |       |       |       |      |      |       |
|             |      |       |       |       |      |      |       |
| **BOTTOM    |      |       |       |       |      |      |       |
| LINE        |      |       |       |       |      |      |       |
| MARGINAL    |      |       |       |       |      |      |       |
| BURDEN AND  |      |       |       |       |      |      |       |
| COST\*      |      |       |       |       |      |      |       |
| (\$2006)**  |      |       |       |       |      |      |       |
|             |      |       |       |       |      |      |       |
| **2007 --   |      |       |       |       |      |      |       |
| 2010**      |      |       |       |       |      |      |       |
+-------------+------+-------+-------+-------+------+------+-------+
|             | **Nu | **    | **    | **Av  | **T  | **T  | **Av  |
|             | mber | Total | Total | erage | otal | otal | erage |
|             | of   | ICR   | ICR** | A     | ICR  | I    | A     |
|             | Affe | (1    |       | nnual | (1   | CR** | nnual |
|             | cted | Year) | **(3  | B     | Y    |      | Cost  |
|             | En   | B     | Year) | urden | ear) | **(3 | Per   |
|             | titi | urden | B     | Per   | Co   | Y    | Sou   |
|             | es** | Ho    | urden | S     | st** | ear) | rce** |
|             |      | urs** | Ho    | ource |      | Co   |       |
|             |      |       | urs** | (Hou  |      | st** |       |
|             |      |       |       | rs)** |      |      |       |
+-------------+------+-------+-------+-------+------+------+-------+
| **Sources** | 123  | 2     | 8     | 221   | \$1  | \$3  | \$    |
|             | \*\* | 7,218 | 1,654 |       | ,128 | ,386 | 9,177 |
|             |      |       |       |       | ,784 | ,352 |       |
+-------------+------+-------+-------+-------+------+------+-------+
| **Federal** | 1    | 1     | 3     | 101   | \    | \$1  | \$    |
|             |      | 2,373 | 7,119 |       | $556 | ,670 | 4,527 |
|             |      |       |       |       | ,785 | ,355 |       |
+-------------+------+-------+-------+-------+------+------+-------+
| **Total**   |      |       | 11    |       |      | \$5  |       |
|             |      |       | 8,773 |       |      | ,056 |       |
|             |      |       |       |       |      | ,707 |       |
+-------------+------+-------+-------+-------+------+------+-------+

\* Cost and burden values are from Tables 6 and 7.

\*\* 113 Indian country, 4 Deepwater port, 3 OCS and 3 part 70 permits

Tables 2 and 3 display the activities of the title V permit programs for
sources, and the Federal government (EPA) as the permitting authority.
Tables 6 and 7 display the costs associated with each of these
categories using data from Tables 2 and 3, and use updated wage rates as
shown in Tables 4 and 5. Table 8, above, summarizes the costs for the
affected entities in 2006 dollars.

This ICR contains no estimated burden for permitting authorities other
than for EPA in its role as the permitting authority, when necessary.
Any burden attributable to a State or local permitting program under
title V is a component of the part 70 Operating Permits Program and not
applicable to this ICR. Also, EPA oversight activities under part 70
programs, such as reviewing part 70 permits, are addressed separately in
the ICR for part 70.

On average, the Agency estimates the 3-year cost to major sources under
part 71 (123 sources) at about \$3.4 million with burden hours totaling
82 thousand (27 thousand hours per year), or about 221 hours per year
per source over the three years of the ICR. This is about 3.5% lower on
a per-source basis than the expected burden for sources reported in the
2004 part 71 ICR.

The burden EPA expects to incur in its role as permitting authority
under title V is estimated over the 3-year period covered by this ICR at
about 37 thousand hours, or around 101 hours per source per year.

The title V program has been evolving since its inception, beginning
with promulgation of the part 70 regulations in 1992. Consequently, the
activities associated with implementing the part 70 and part 71 programs
have changed since the previous ICR. With the experience gained through
program implementation, EPA and permitting authorities have a sense of
the activities associated with the program and the burden of those
activities. The activities in this ICR have been developed based on this
knowledge. The burden (in hours) in this ICR can be accurately compared
to the approved burden levels in its predecessor on an
activity-by-activity basis, since these burdens are independent of
changes in the wage rates used to compute the costs for each activity.

One relatively significant change in assumptions is a change in the
burden hour estimates (burden hours per activity) for the EPA activities
of processing permit revisions and significant modifications (both were
increased to 90 hours per occurrence), and for minor permit
modification, which increased to 30 hours per occurrence, based on NACAA
input on the draft ICR renewal, and consistent with the part 70 ICR.

One relatively minor change in assumptions is in the percentage of
public comments that lead to changes to the draft permits. The
evaluations of part 70 programs EPA has performed suggests that such
changes are rare, consistent with the frequency that public hearings
occur, since the standard for changing the permit and for holding a
public hearing are similar. Thus, we are changing the frequency for
finalizing drafts permit with public comment to 2% from 10% within the
burden estimates for EPA as the permitting authority. This change has an
insignificant effect on these estimates.

Table 9 compares the burden in the previous ICR with the burden in this
ICR. The approved burden level in the previous ICR was 24 thousand hours
per year for sources and 36 thousand burden hours per year for Federal
oversight; for a total of 60 thousand hours. This ICR estimates total
annual burden at 42 thousand hours with sources accounting for 30
thousand burden hours per year and Federal oversight burden hours
estimated at 12 thousand hours. The change in burden from the previous
ICR is due to expected changes in program activities that have occurred
as a result of evolution of the program and are considered "adjustments"
(they are not the result of new or revised Federal mandates).

+---------------------------+-------------+-------------+-------------+
| **TABLE 9**               |             |             |             |
|                           |             |             |             |
| **BURDEN CHANGE FROM 2004 |             |             |             |
| ICR TO CURRENT ICR (in    |             |             |             |
| hours)**                  |             |             |             |
+---------------------------+-------------+-------------+-------------+
|                           | **Average   | **Average   | **D         |
|                           | Annual      | Annual      | ifference** |
|                           | Burden**    | Burden**    |             |
|                           |             |             |             |
|                           | **in 2004   | **in ICR    |             |
|                           | ICR         | Renewal**   |             |
|                           | Renewal**   |             |             |
+---------------------------+-------------+-------------+-------------+
| **Sources**               | 24,077      | 27,218      | **3,141**   |
+---------------------------+-------------+-------------+-------------+
| **Federal**               | 36,392      | 12,373      | *           |
|                           |             |             | *(24,019)** |
+---------------------------+-------------+-------------+-------------+
| **TOTAL**                 | 60,469      | 39,591      | *           |
|                           |             |             | *(20,878)** |
+---------------------------+-------------+-------------+-------------+

During the 3-year period of this ICR there will be a slight increase in
the source burden compared to the previous ICR due to the larger number
of sources that will be subject to non-delegated program administration
by EPA as a consequence of there being more major sources subject to the
program and as a normal consequence of changes in the mix of source
activities over time. These changes are not due to any EPA actions to
revise regulations or policy since the last ICR update. In the last ICR
there were 105 sources subject to non-delegated permit administration by
EPA, while this one assumes there will be 123 sources. Also, during the
3 years of this analysis there will be a significant reduction in
Federal (EPA) burden due to a change in assumptions to eliminate the
scenario where EPA issues an NOD and takes over permitting in a State
due to poor implementation or enforcement of a part 70 program. Also,
there is an overall reduction in burdens in this analysis compared to
the last one because of the elimination of EPA oversight activities for
delegated part 71 programs (also related to EPA takeover of State
programs), which is only partially offset by revisions to increase
burden estimates for certain EPA activities (e.g., permit renewals). For
these reasons, in this ICR period (2007-2010), Federal burden hours will
decrease from the 2004 ICR and result in a 21 thousand hour reduction in
total burden.

Due to the large number of respondents, the variation in the
circumstances for each respondent, and the varied nature of the
activities of the program, it is impractical to attempt to delineate
burden by respondent and activity. Following is the apportioned burden
for each respondent, derived from the total permitting authority (i.e.,
EPA) hourly burden divided by the number of permitting authorities
(i.e., 1), and similarly for sources.

+------------+------------------+------------------+------------------+
| **TABLE    |                  |                  |                  |
| 10**       |                  |                  |                  |
|            |                  |                  |                  |
| **BURDEN   |                  |                  |                  |
| S          |                  |                  |                  |
| TATEMENT** |                  |                  |                  |
+------------+------------------+------------------+------------------+
|            | **Number of**    | **Total Annual   | **Average Annual |
|            |                  | Burden (hours)** | Burden per       |
|            | **Respondents**  |                  | Respondent**     |
|            |                  |                  |                  |
|            |                  |                  | **(hours)**      |
+------------+------------------+------------------+------------------+
| *          | 123              | 27,218           | 221              |
| *Sources** |                  |                  |                  |
+------------+------------------+------------------+------------------+
| *          | 1                | 12,373           | 12,373           |
| *Federal** |                  |                  |                  |
+------------+------------------+------------------+------------------+

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. 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.

To comment on the Agency\'s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OAR-2004-0016, which is available for online viewing at
[www.regulations.gov](http://www.regulations.gov/), or in person viewing
at the Air and Radiation Docket and Information Center in the EPA Docket
Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW,
Washington, D.C. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is (202) 566-1744, and the
telephone number for the Air and Radiation Docket and Information Center
is (202) 566-1742. An electronic version of the public docket is
available at www.regulations.gov. This site can be used to submit or
view public comments, access the index listing of the contents of the
public docket, and to access those documents in the public docket that
are available electronically. When in the system, select "search," then
key in the Docket ID Number identified above. Also, you can send
comments to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, D.C. 20503,
Attention: Desk Officer for EPA. Please include the EPA Docket ID Number
EPA-HQ-OAR-2004-0016 and OMB Control Number 2060-0336 in any
correspondence.

**ATTACHMENT 1**

**THE STATUTORY REQUIREMENTS FOR RESPONDENT INFORMATION**

**SECTIONS 502 THROUGH 504 OF TITLE V OF THE CLEAN AIR ACT**

**SEC. 502. PERMIT PROGRAMS**

\(a\) Violations.- After the effective date of any permit program
approved or promulgated under this title, it shall be unlawful for any
person to violate any requirement of a permit issued under this title,
or to operate an affected source (as provided in title IV), a major
source, any other source (including an area source) subject to standards
or regulations under section 111 or 112, any other source required to
have a permit under parts C or D of title I, or any other stationary
source in a category designated (in whole or in part) by regulations
promulgated by the Administrator (after notice and public comment) which
shall include a finding setting forth the basis for such designation,
except in compliance with a permit issued by a permitting authority
under this title. (Nothing in this subsection shall be construed to
alter the applicable requirements of this Act that a permit be obtained
before construction or modification.) The Administrator may, in the
Administrator\'s discretion and consistent with the applicable
provisions of this Act, promulgate regulations to exempt one or more
source categories (in whole or in part) from the requirements of this
subsection if the Administrator finds that compliance with such
requirements is impracticable, infeasible, or unnecessarily burdensome
on such categories, except that the Administrator may not exempt any
major source from such requirements.

\(b\) Regulations.- The Administrator shall promulgate within 12 months
after the date of the enactment of the Clean Air Act Amendments of 1990
regulations establishing the minimum elements of a permit program to be
administered by any air pollution control agency. These elements shall
include each of the following:

\(1\) Requirements for permit applications, including a standard
application form and criteria for determining in a timely fashion the
completeness of applications.

\(2\) Monitoring and reporting requirements.

(3)(A) A requirement under State or local law or interstate compact that
the owner or operator of all sources subject to the requirement to
obtain a permit under this title pay an annual fee, or the equivalent
over some other period, sufficient to cover all reasonable (direct and
indirect) costs required to develop and administer the permit program
requirements of this title, including section 507, including the
reasonable costs of -

\(i\) reviewing and acting upon any application for such a permit,

\(ii\) if the owner or operator receives a permit for such source,
whether before or after the date of the enactment of the Clean Air Act
Amendments of 1990, implementing and enforcing the terms and conditions
of any such permit (not including any court costs or other costs
associated with any enforcement action),

\(iii\) emissions and ambient monitoring,

\(iv\) preparing generally applicable regulations, or guidance,

\(v\) modeling, analyses, and demonstrations, and

\(vi\) preparing inventories and tracking emissions.

\(B\) The total amount of fees collected by the permitting authority
shall conform to the following requirements:

\(i\) The Administrator shall not approve a program as meeting the
requirements of this paragraph unless the State demonstrates that,
except as otherwise provided in subparagraphs (ii) through (v) of this
subparagraph, the program will result in the collection, in the
aggregate, from all sources subject to subparagraph (A), of an amount
not less than \$25 per ton of each regulated pollutant, or such other
amount as the Administrator may determine adequately reflects the
reasonable costs of the permit program.

\(ii\) As used in this subparagraph, the term \"regulated pollutant\"
shall mean (I) a volatile organic compound; (II) each pollutant
regulated under section 111 or 112; and (III) each pollutant for which a
national primary ambient air quality standard has been promulgated
(except that carbon monoxide shall be excluded from this reference).

\(iii\) In determining the amount under clause (i), the permitting
authority is not required to include any amount of regulated pollutant
emitted by any source in excess of 4,000 tons per year of that regulated
pollutant.

\(iv\) The requirements of clause (i) shall not apply if the permitting
authority demonstrates that collecting an amount less than the amount
specified under clause (i) will meet the requirements of subparagraph
(A).

\(v\) The fee calculated under clause (i) shall be increased (consistent
with the need to cover the reasonable costs authorized by subparagraph
(A)) in each year beginning after the year of the enactment of the Clean
Air Act Amendments of 1990 by the percentage, if any, by which the
Consumer Price Index for the most recent calendar year ending before the
beginning of such year exceeds the Consumer Price Index for the calendar
year 1989. For purposes of this clause -

\(I\) the Consumer Price Index for any calendar year is the average of
the Consumer Price Index for all-urban consumers published by the
Department of Labor, as of the close of the 12-month period ending on
August 31 of each calendar year, and

\(II\) the revision of the Consumer Price Index which is most consistent
with the Consumer Price Index for calendar year 1989 shall be used.

(C)(i) If the Administrator determines, under subsection (d), that the
fee provisions of the operating permit program do not meet the
requirements of this paragraph, or if the Administrator makes a
determination, under subsection (i), that the permitting authority is
not adequately administering or enforcing an approved fee program, the
Administrator may, in addition to taking any other action authorized
under this title, collect reasonable fees from the sources identified
under subparagraph (A). Such fees shall be designed solely to cover the
Administrator\'s costs of administering the provisions of the permit
program promulgated by the Administrator.

\(ii\) Any source that fails to pay fees lawfully imposed by the
Administrator under this subparagraph shall pay a penalty of 50 percent
of the fee amount, plus interest on the fee amount computed in
accordance with section 6621(a)(2) of the Internal Revenue Code of 1986
(relating to computation of interest on underpayment of Federal taxes).

\(iii\) Any fees, penalties, and interest collected under this
subparagraph shall be deposited in a special fund in the United States
Treasury for licensing and other services, which thereafter shall be
available for appropriation, to remain available until expended, subject
to appropriation, to carry out the Agency\'s activities for which the
fees were collected. Any fee required to be collected by a State, local,
or interstate agency under this subsection shall be utilized solely to
cover all reasonable (direct and indirect) costs required to support the
permit program as set forth in subparagraph (A).

\(4\) Requirements for adequate personnel and funding to administer the
program.

\(5\) A requirement that the permitting authority have adequate
authority to:

\(A\) issue permits and assure compliance by all sources required to
have a permit under this title with each applicable standard, regulation
or requirement under this Act;

\(B\) issue permits for a fixed term, not to exceed 5 years;

\(C\) assure that upon issuance or renewal permits incorporate emission
limitations and other requirements in an applicable implementation plan;

\(D\) terminate, modify, or revoke and reissue permits for cause;

\(E\) enforce permits, permit fee requirements, and the requirement to
obtain a permit, including authority to recover civil penalties in a
maximum amount of not less than \$10,000 per day for each violation, and
provide appropriate criminal penalties; and

\(F\) assure that no permit will be issued if the Administrator objects
to its issuance in a timely manner under this title.

\(6\) Adequate, streamlined, and reasonable procedures for expeditiously
determining when applications are complete, for processing such
applications, for public notice, including offering an opportunity for
public comment and a hearing, and for expeditious review of permit
actions, including applications, renewals, or revisions, and including
an opportunity for judicial review in State court of the final permit
action by the applicant, any person who participated in the public
comment process, and any other person who could obtain judicial review
of that action under applicable law.

\(7\) To ensure against unreasonable delay by the permitting authority,
adequate authority and procedures to provide that a failure of such
permitting authority to act on a permit application or permit renewal
application (in accordance with the time periods specified in section
503 or, as appropriate, title IV) shall be treated as a final permit
action solely for purposes of obtaining judicial review in State court
of an action brought by any person referred to in paragraph (6) to
require that action be taken by the permitting authority on such
application without additional delay.

\(8\) Authority, and reasonable procedures consistent with the need for
expeditious action by the permitting authority on permit applications
and related matters, to make available to the public any permit
application, compliance plan, permit, and monitoring or compliance
report under section 503(e), subject to the provisions of section 114(c)
of this Act.

\(9\) A requirement that the permitting authority, in the case of
permits with a term of 3 or more years for major sources, shall require
revisions to the permit to incorporate applicable standards and
regulations promulgated under this Act after the issuance of such
permit. Such revisions shall occur as expeditiously as practicable and
consistent with the procedures established under paragraph (6) but not
later than 18 months after the promulgation of such standards and
regulations. No such revision shall be required if the effective date of
the standards or regulations is a date after the expiration of the
permit term. Such permit revision shall be treated as a permit renewal
if it complies with the requirements of this title regarding renewals.

\(10\) Provisions to allow changes within a permitted facility (or one
operating pursuant to section 503(d)) without requiring a permit
revision, if the changes are not modifications under any provision of
title I and the changes do not exceed the emissions allowable under the
permit (whether expressed therein as a rate of emissions or in terms of
total emissions: *Provided*, That the facility provides the
Administrator and the permitting authority with written notification in
advance of the proposed changes which shall be a minimum of 7 days,
unless the permitting authority provides in its regulations a different
time frame for emergencies.

\(c\) Single Permit.- A single permit may be issued for a facility with
multiple sources.

\(d\) Submission and Approval.- (1) Not later than 3 years after the
date of the enactment of the Clean Air Act Amendments of 1990, the
Governor of each State shall develop and submit to the Administrator a
permit program under State or local law or under an interstate compact
meeting the requirements of this title. In addition, the Governor shall
submit a legal opinion from the attorney general (or the attorney for
those State air pollution control agencies that have independent legal
counsel), or from the chief legal officer of an interstate agency, that
the laws of the State, locality, or the interstate compact provide
adequate authority to carry out the program. Not later than 1 year after
receiving a program, and after notice and opportunity for public
comment, the Administrator shall approve or disapprove such program, in
whole or in part. The Administrator may approve a program to the extent
that the program meets the requirements of this Act, including the
regulations issued under subsection (b). If the program is disapproved,
in whole or in part, the Administrator shall notify the Governor of any
revisions or modifications necessary to obtain approval. The Governor
shall revise and resubmit the program for review under this section
within 180 days after receiving notification.

(2)(A) If the Governor does not submit a program as required under
paragraph (1) or if the Administrator disapproves a program submitted by
the Governor under paragraph (1), in whole or in part, the Administrator
may, prior to the expiration of the 18-month period referred to in
subparagraph (B), in the Administrator\'s discretion, apply any of the
sanctions specified in section 179(b).

\(B\) If the Governor does not submit a program as required under
paragraph (1), or if the Administrator disapproves any such program
submitted by the Governor under paragraph (1), in whole or in part, 18
months after the date required for such submittal or the date of such
disapproval, as the case may be, the Administrator shall apply sanctions
under section 179(b) in the same manner and subject to the same
deadlines and other conditions as are applicable in the case of a
determination, disapproval, or finding under section 179(a).

\(C\) The sanctions under section 179(b)(2) shall not apply pursuant to
this paragraph in any area unless the failure to submit or the
disapproval referred to in subparagraph (A) or (B) relates to an air
pollutant for which such area has been designated a nonattainment area
(as defined in part D of title I).

\(3\) If a program meeting the requirements of this title has not been
approved in whole for any State, the Administrator shall, 2 years after
the date required for submission of such a program under paragraph (1),
promulgate, administer, and enforce a program under this title for that
State.

\(e\) Suspension.- The Administrator shall suspend the issuance of
permits promptly upon publication of notice of approval of a permit
program under this section, but may, in such notice, retain jurisdiction
over permits that have been federally issued, but for which the
administrative or judicial review process is not complete. The
Administrator shall continue to administer and enforce federally issued
permits under this title until they are replaced by a permit issued by a
permitting program. Nothing in this subsection should be construed to
limit the Administrator\'s ability to enforce permits issued by a State.

\(f\) Prohibition.- No partial permit program shall be approved unless,
at a minimum, it applies, and ensures compliance with, this title and
each of the following:

\(1\) All requirements established under title IV applicable to
\"affected sources.\"

\(2\) All requirements established under section 112 applicable to
\"major sources\", \"area sources,\" and \"new sources.\"

\(3\) All requirements of title I (other than section 112) applicable to
sources required to have a permit under this title. Approval of a
partial program shall not relieve the State of its obligation to submit
a complete program, nor from the application of any sanctions under this
Act for failure to submit an approvable permit program.

\(g\) Interim Approval.- If a program (including a partial permit
program) submitted under this title substantially meets the requirements
of this title, but is not fully approvable, the Administrator may by
rule grant the program interim approval. In the notice of final
rulemaking, the Administrator shall specify the changes that must be
made before the program can receive full approval. An interim approval
under this subsection shall expire on a date set by the Administrator
not later than 2 years after such approval, and may not be renewed. For
the period of any such interim approval, the provisions of subsection
(d)(2), and the obligation of the Administrator to promulgate a program
under this title for the State pursuant to subsection (d)(3), shall be
suspended. Such provisions and such obligation of the Administrator
shall apply after the expiration of such interim approval.

\(h\) Effective Date.- The effective date of a permit program, or
partial or interim program, approved under this title, shall be the
effective date of approval by the Administrator. The effective date of a
permit program, or partial permit program, promulgated by the
Administrator shall be the date of promulgation.

\(i\) Administration and Enforcement.- (1) Whenever the Administrator
makes a determination that a permitting authority is not adequately
administering and enforcing a program, or portion thereof, in accordance
with the requirements of this title, the Administrator shall provide
notice to the State and may, prior to the expiration of the 18-month
period referred to in paragraph (2), in the Administrator\'s discretion,
apply any of the sanctions specified in section 179(b).

\(2\) Whenever the Administrator makes a determination that a permitting
authority is not adequately administering and enforcing a program, or
portion thereof, in accordance with the requirements of this title, 18
months after the date of the notice under paragraph (1), the
Administrator shall apply the sanctions under section 179(b) in the same
manner and subject to the same deadlines and other conditions as are
applicable in the case of a determination, disapproval, or finding under
section 179(a).

\(3\) The sanctions under section 179(b)(2) shall not apply pursuant to
this subsection in any area unless the failure to adequately enforce and
administer the program relates to an air pollutant for which such area
has been designated a nonattainment area.

\(4\) Whenever the Administrator has made a finding under paragraph (1)
with respect to any State, unless the State has corrected such
deficiency within 18 months after the date of such finding, the
Administrator shall, 2 years after the date of such finding, promulgate,
administer, and enforce a program under this title for that State.
Nothing in this paragraph shall be construed to affect the validity of a
program which has been approved under this title or the authority of any
permitting authority acting under such program until such time as such
program is promulgated by the Administrator under this paragraph. \[42
U.S.C. 7661a\]

**SEC. 503. PERMIT APPLICATIONS.**

\(a\) APPLICABLE DATE.-Any source specified in section 502(a) shall
become subject to a permit program, and required to have a permit, on
the later of the following dates-

\(1\) the effective date of a permit program or partial or interim
permit program applicable to the source; or

\(2\) the date such source becomes subject to section 502(a).

\(b\) COMPLIANCE PLAN.-(1) The regulations required by section 502(b)
shall include a requirement that the applicant submit with the permit
application a compliance plan describing how the source will comply with
all applicable requirements under this Act. The compliance plan shall
include a schedule of compliance, and a schedule under which the
permittee will submit progress reports to the permitting authority no
less frequently than every 6 months.

\(2\) The regulations shall further require the permittee to
periodically (but no less frequently than annually) certify that the
facility is in compliance with any applicable requirements of the
permit, and to promptly report any deviations from permit requirements
to the permitting authority.

\(c\) DEADLINE.-Any person required to have a permit shall, not later
than 12 months after the date on which the source becomes subject to a
permit program approved or promulgated under this title, or such earlier
date as the permitting authority may establish, submit to the permitting
authority a compliance plan and an application for a permit signed by a
responsible official, who shall certify the accuracy of the information
submitted. The permitting authority shall approve or disapprove a
completed application (consistent with the procedures established under
this title for consideration of such applications), and shall issue or
deny the permit, within 18 months after the date of receipt thereof,
except that the permitting authority shall establish a phased schedule
for acting on permit applications submitted within the first full year
after the effective date of a permit program (or a partial or interim
program). Any such schedule shall assure that at least one-third of such
permits will be acted on by such authority annually over a period of not
to exceed 3 years after such effective date. Such authority shall
establish reasonable procedures to prioritize such approval or
disapproval actions in the case of applications for construction or
modification under the applicable requirements of this Act.

\(d\) TIMELY AND COMPLETE APPLICATIONS.-Except for sources required to
have a permit before construction or modification under the applicable
requirements of this Act, if an applicant has submitted a timely and
complete application for a permit required by this title (including
renewals), but final action has not been taken on such application, the
source\'s failure to have a permit shall not be a violation of this Act,
unless the delay in final action was due to the failure of the applicant
timely to submit information required or requested to process the
application. No source required to have a permit under this title shall
be in violation of section 502(a) before the date on which the source is
required to submit an application under subsection (c).

\(e\) COPIES; AVAILABILITY.-A copy of each permit application,
compliance plan (including the schedule of compliance), emissions or
compliance monitoring report, certification, and each permit issued
under this title, shall be available to the public. If an applicant or
permittee is required to submit information entitled to protection from
disclosure under section 114(c) of this Act, the applicant or permittee
may submit such information separately. The requirements of section
114(c) shall apply to such information. The contents of a permit shall
not be entitled to protection under section 114(c).

**SEC. 504. PERMIT REQUIREMENTS AND CONDITIONS.**

\(a\) CONDITIONS.-Each permit issued under this title shall include
enforceable emission limitations and standards, a schedule of
compliance, a requirement that the permittee submit to the permitting
authority, no less often than every 6 months, the results of any
required monitoring, and such other conditions as are necessary to
assure compliance with applicable requirements of this Act, including
the requirements of the applicable implementation plan.

\(b\) MONITORING AND ANALYSIS.-The Administrator may by rule prescribe
procedures and methods for determining compliance and for monitoring and
analysis of pollutants regulated under this Act, but continuous
emissions monitoring need not be required if alternative methods are
available that provide sufficiently reliable and timely information for
determining compliance. Nothing in this subsection shall be construed to
affect any continuous emissions monitoring requirement of title IV, or
where required elsewhere in this Act.

\(c\) INSPECTION, ENTRY, MONITORING, CERTIFICATION, AND REPORTING.-Each
permit issued under this title shall set forth inspection, entry,
monitoring, compliance certification, and reporting requirements to
assure compliance with the permit terms and conditions. Such monitoring
and reporting requirements shall conform to any applicable regulation
under subsection (b). Any report required to be submitted by a permit
issued to a corporation under this title shall be signed by a
responsible corporate official, who shall certify its accuracy.

*§70.5(c) Standard applications form and required information*. The
State program under this part shall provide for a standard application
form or forms. Information as described below for each emissions unit at
a part 70 source shall be included in the application. The Administrator
may approve as part of a State program a list of insignificant
activities and emissions levels which need not be included in permit
applications. However, for insignificant activities which are exempted
because of size or production rate, a list of such insignificant
activities must be included in the application. An application may not
omit information needed to determine the applicability of, or to impose,
any applicable requirement, or to evaluate the fee amount required under
the schedule approved pursuant to §70.9 of this part. The permitting
authority may use discretion in developing application forms that best
meet program needs and administrative efficiency. The forms and
attachments chosen, however, shall include the elements specified below:

\(1\) Identifying information, including company name and address (or
plant name and address if different from the company name), owner\'s
name and agent, and telephone number and names of plant site
manager/contact.

\(2\) A description of the source\'s processes and products (by Standard
Industrial Classification Code) including any associated alternative
scenario identified by the source.

\(3\) The following emission related information:

\(i\) All emissions of pollutants for which the source is major, and all
emissions of regulated air pollutants. A permit application shall
describe all emissions of regulated air pollutants emitted from any
emissions unit, except where such units are exempted under this
paragraph (c) of this section. The permitting authority shall require
additional information related to the emissions of air pollutants
sufficient to verify which requirements are applicable to the source,
and other information necessary to collect any permit fees owed under
the fee schedule approved pursuant to §70.9(b) of this part.

\(ii\) Identification and description of all points of emissions
described in paragraph (c)(3)(i) of this section in sufficient detail to
establish the basis for fees and applicability of requirements of the
Act.

\(iii\) Emissions rate in tpy and in such terms as are necessary to
establish compliance consistent with the applicable standard reference
test method.

\(iv\) The following information to the extent it is needed to determine
to regulate emissions: Fuels, fuel use, raw materials, production rates,
and operating schedules.

\(v\) Identification and description of air pollution control equipment
and compliance monitoring devices or activities.

\(vi\) Limitations on source operation affecting emissions or any work
practice standards, where applicable, for all regulated pollutants at
the part 70 source.

\(vii\) Other information required by any applicable requirement
(including information related to stack height limitations developed
pursuant to section 123 of the Act.)

\(viii\) Calculations on which the information on paragraphs (c)(3)(i)
through (c)(3)(vii) of this section is based.

\(4\) The following air pollution control requirements:

\(i\) Citation and description of all applicable requirements, and

\(ii\) Description of or reference to any applicable test method for
determining compliance with each applicable requirement.

\(5\) Other specific information that may be necessary to implement and
enforce other applicable requirements of the Act or of this part or to
determine the applicability of such requirements.

\(6\) An explanation of any proposed exemptions from otherwise
applicable requirements.

\(7\) Additional information as determined to be necessary by the
permitting authority to define alternative operating scenarios
identified by the source pursuant to § 70.6(a)(9) of this part or to
define permit terms and conditions implementing § 70.4(b)(12) or §
70.6(a)(10) of this part.

\(8\) A compliance plan for all part 70 sources that contains all the
following:

\(i\) A description of the compliance status of the source with respect
to all applicable requirements.

\(ii\) A description as follows:

\(A\) For applicable requirements with which the source is in
compliance, a statement that the source will continue to comply with
such requirements.

\(B\) For applicable requirements that will become effective during the
permit term, a statement that the source will meet such requirements on
a timely basis.

\(C\) For requirements for which the source is not in compliance at the
time or permit issuance, a narrative description of how the source will
achieve compliance with such requirements.

\(iii\) A compliance schedule as follows:

\(A\) For applicable requirements with which the source is in
compliance, a statement that the source will continue to comply with
such requirements.

\(B\) For applicable requirements that will become effective during the
permit term, a statement that the source will meet such requirements on
a timely basis. A statement that the source will meet in a timely manner
applicable requirements that become effective during the permit term
shall satisfy this provision, unless a more detailed schedule is
expressly required by the applicable requirement.

\(C\) A schedule of compliance for sources that are not in compliance
with all applicable requirements at the time of permit issuance. Such a
schedule shall include a schedule of remedial measures, including an
enforceable sequence of actions with milestones, leading to compliance
with any applicable requirements for which the source will be in
noncompliance at the time of permit issuance. This compliance schedule
shall resemble and be at least as stringent as that contained in any
judicial consent decree or administrative order to which the source is
subject. Any such schedule of compliance shall be supplemental to and
shall not sanction noncompliance with, the applicable requirements on
which it is based.

\(iv\) A schedule for submission of certified progress reports no less
frequently than every 6 months for sources required to have a schedule
of compliance to remedy a violation.

\(v\) The compliance plan content requirements specified in this
paragraph shall apply and be included in the acid rain portion of a
compliance plan for an affected source, except as specifically
superseded by regulations promulgated under title IV of the Act with
regard to the schedule and method(s) the source will use to achieve
compliance with the acid rain emissions limitations.

\(9\) Requirements for compliance certification, including the
following:

\(i\) A certification of compliance with all applicable requirements by
a responsible official consistent with paragraph (d) of this section and
section 114(a)(3) of the Act;

\(ii\) A statement of methods used for determining compliance, including
a description of monitoring, record keeping, and reporting requirements
and test methods;

\(iii\) A schedule for submission of compliance certifications during
the permit term, to be submitted no less frequently than annually, or
more frequently if specified by the underlying applicable requirement or
by the permitting authority; and

\(iv\) A statement indicating the source\'s compliance status with any
applicable enhanced monitoring and compliance certification requirements
of the Act.

\(10\) The use of nationally-standardized forms for acid rain portions
of permit applications and compliance plans, as required by regulations
promulgated under title IV of the Act.

\(d\) Any application form, report, or compliance certification
submitted pursuant to these regulations shall contain certification by a
responsible official of truth, accuracy, and completeness. This
certification and any other certification required under this part shall
state that, based on information and belief formed after reasonable
inquiry, the statements and information in the document are true,
accurate, and complete.

**ATTACHMENT 2**

**February 9, 2007 FEDERAL REGISTER NOTICE**

**72 FR 6233**

**ENVIRONMENTAL PROTECTION AGENCY**

**\[EPA--HQ--OAR--2004--0015 and EPA--HQ--OAR--2004--0016;
FRL--8277--3\]**

**Agency Information Collection Activities; Proposed Collections;
Comment Request; Part 70 Operating Permit Regulations, EPA ICR No.
1587.07, OMB Control No. 2060--0243; Part 71 Federal Operating Permit
Regulations, EPA ICR No. 1713.06, OMB Control No. 2060--0336**

**AGENCY:** Environmental Protection Agency (EPA).

**ACTION:** Notice.

**SUMMARY:** In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 *et seq.*), this document announces that EPA is planning to
submit a request to renew two existing approved Information Collection
Requests (ICRs) to the Office of Management and Budget (OMB). These ICRs
are scheduled to expire on March 31, 2007. Before submitting these ICRs
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 April 10, 2007.

**ADDRESSES:** Submit your comments, identified by Docket ID No.
EPA--HQ--

OAR--2004--0015 (part 70 ICR) or EPA--HQ--OAR--2004--0016 (part 71 ICR),
by one of the following methods:

*http://www.regulations.gov:* Follow the on-line instructions for
submitting comments.

*Fax:* (202) 566--7944.

*Mail:* U.S. Environmental Protection Agency, EPA Docket Center
(EPA/DC), Air and Radiation Docket Information Center, 1200 Pennsylvania
Avenue, NW., Mail Code 2822T, Washington, DC 20460.

*Hand Delivery:* EPA Docket Center, EPA West, Room 3334, 1301
Constitution Avenue, NW., Washington, DC 20004. Such deliveries are
accepted only during the Docket's normal hours of operation---8:30 a.m.
to 4:30 p.m., Monday through Friday. Special arrangements should be made
for deliveries of boxed information.

*Instructions:* Direct your comments to Docket ID No.
EPA--HQ--OAR--2004--0015 or EPA--HQ--OAR--2004--0016.

EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at
*http://www.regulations.gov* including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise to be protected through
[*www.regulations.gov*](http://www.regulations.gov/) or e-mail. The
*www.regulations.gov* Web site is an ''anonymous access'' system, which
means we will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to us without going through *www.regulations.gov*, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, we recommend that you
include your name and other contact information in the body of your
comment and with any disk or CD--ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, we may not be able to consider your comment. Electronic
files should avoid the use of special characters or any form of
encryption and be free of any defects or viruses. For additional
information about the EPA public docket visit the EPA Docket Center
homepage at *http://www.epa.gov/epahome/dockets.htm.*

**FOR FURTHER INFORMATION CONTACT:** Jeff Herring, Office of Air Quality
Planning and Standards, Air Quality Policy

Division (C504--05), U.S. Environmental Protection Agency, Research
Triangle

Park, NC 27711; telephone number: (919) 541--3195; fax number: (919)
541--5509; e-mail address: *herring.jeff@epa.gov.*

**SUPPLEMENTARY INFORMATION:**

**How Can I Access the Docket and/or Submit Comments?**

The EPA has established public dockets for these ICRs under Docket ID
Nos. EPA--HQ--OAR--2004--0015 (part 70

ICR) and EPA--HQ--OAR--2004--0016 (part 71 ICR) which are available for
online viewing at *http://www.regulations.gov*, or in person viewing at
the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004.
The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the reading room is (202) 566--1744, and the telephone number for
the Air and Radiation Docket is (202) 566--1742. Use
*www.regulations.gov* to obtain a copy of the draft collections of
information, submit or view public comments, access the index listing of
the contents of the docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
''search,'' then key in the docket ID numbers identified in this
document.

**What Information Particularly Interests EPA?**

Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits
comments and information to enable it 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. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

**What Should I Consider When I Prepare My Comments for EPA?**

You may find the following suggestions helpful for preparing your
comments:

1\. Explain your views as clearly as possible and provide specific
examples.

2\. Describe any assumptions that you used.

3\. Provide copies of any technical information and/or data you used
that support your views.

4\. If you estimate potential burden or costs, explain how you arrived
at the estimate that you provide.

5\. Offer alternative ways to improve the collection activity.

6\. Make sure to submit your comments by the deadline identified under
**DATES**.

7\. To ensure proper receipt by EPA, be sure to identify the docket ID
numbers assigned to these actions in the subject line on the first page
of your response. You may also provide the name, date, and **Federal
Register** citation.

**To What Information Collection Activity or ICR Does This Apply?**

Docket ID Nos. EPA--HQ--OAR--2004--0015 (part 70 ICR) and
EPA--HQ--OAR--2004--0016 (part 71 ICR).

*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). These, in general, include sources which are
defined as ''major'' under any title of the Act.

*Titles:* Part 70 Operating Permit Regulations; Part 71 Federal
Operating Permit Regulations.

*ICR numbers:* For the part 70 regulations, EPA ICR No. 1587.07 and OMB
Control No. 2060--0243. For the part 71 regulations, EPA ICR No. 1713.05
and OMB Control No. 2060--0336.

*ICR status:* These ICRs are currently scheduled to expire on March 31,
2007. 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 in title 40 of the CFR, after appearing in the **Federal
Register** when approved, are listed in 40 CFR part 9, are displayed
either by publication in the **Federal Register** or by other
appropriate means, such as on the related collection instrument or form,
if applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.

*Abstract:* Title V of the Act requires States to develop and implement
a program for issuing operating permits to all sources that fall under
any Act definition of ''major'' and certain other non-major sources that
are subject to Federal air quality regulations. The Act further requires
EPA to develop regulations that establish the minimum requirements for
those State operating permits programs, to oversee implementation of the
State programs, and to operate a Federal operating permits program in
areas not subject to an approved State program. The EPA regulations
setting forth requirements for the State operating permits programs are
at part 70, title 40, chapter I of the Code of Federal Regulations.
These are referred to as the ''Part 70 Operating Permit Regulations,''
which are the subject of one of the ICRs addressed in this notice. The
EPA regulations for the Federal operating permits program are at part
71, title 40, chapter I of the Code of Federal Regulations. These are
referred to as the ''Part 71 Federal Operating Permit Regulations,''
which are the subject of the second ICR addressed in this notice. The
part 71 program is being implemented for sources located in Indian
country, Outer Continental Shelf sources, and in areas that do not have
part 70 programs. In implementing title V of the Act and EPA's part 70
operating permits regulations, State and local permitting 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 no more than 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 semi-annually 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 previously approved ICRs.
*Burden Statement:* The annual public reporting and recordkeeping burden
for the part 70 collection of information is estimated to average 248
hours per permitted source, and the annual burden for permitting
authorities to administer a part 70 program is estimated to average
10,179 hours. The annual public reporting and recordkeeping burden for
the part 71 collection of information is estimated to average 221 hours
per permitted source.

**Are There Changes in the Estimates From the Last Approval?**

There is an increase of 206 thousand hours in the part 70 total
estimated respondent annual burden compared with that identified in the
ICR currently approved by OMB. This increase in part 70 burden for
sources and permitting authorities is an adjustment due to changes in
burden estimates, primarily an increase in permit renewal activities.
These changes in burden are not program changes, as no federal mandates,
including the part 70 and part 71 regulations, have changed in any way
that would affect these ICRs since the last ICR updates. For the part 71
program, there is a decrease of 22 thousand hours in the total estimated
annual burden compared with that identified in the ICR currently
approved by OMB. This burden reduction is also an adjustment, due to
changes in assumptions, primarily due to a reduction in expected EPA
oversight activities for delegated part 71 programs.

**What Is the Next Step in the Process for This ICR?**

The EPA will consider the comments received and amend the ICRs as
appropriate. The final ICR packages will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another **Federal Register** notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICRs to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about these ICRs or the approval process, please contact the
technical person listed under **FOR** **FURTHER INFORMATION CONTACT**.

Dated: January 31, 2007.

**Jenny Noonan Edmonds,**

*Acting Director, Office of Air Quality Planning and Standards.*

\[FR Doc. E7--2180 Filed 2--8--07; 8:45 am\]

**BILLING CODE 6560--50--P**

[^1]: Offshore oil and natural gas terminals located in areas of
    exclusive federal jurisdiction under the Deepwater Ports Act, 33
    U.S.C. § 1501 et seq.

[^2]: May, 1995, United States Environmental Protection Agency, [Part 71
    Information Collection Request]{.underline}, p 19.

[^3]: ^3^ United States Environmental Protection Agency, [Regulatory
    Impact Analysis and Regulatory Flexibility Act Screening for
    Operating Permits Regulations]{.underline}, EPA-450/2-91- 011, June
    1992, pp. 16-17.