United States Environmental Protection Agency

> Office of Air and Radiation

Office of Air Quality Planning and Standards

> Operating Permits Group

January 2007

**INFORMATION COLLECTION REQUEST**

**FOR PART 70**

**OPERATING PERMIT REGULATIONS**

**prepared by**

**Jeff Herring, Environmental Scientist**

**Operating Permits Group**

**Air Quality Policy Division**

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

**EPA #1587.07**

[]{.mark}

The approved burden level in the previous ICR was 4.0 million hours per
year for sources, 1.1 million burden hours per year for permitting
authorities (PAs), and 28 thousand hours for the Federal government; for
a total of 5.1 million hours each year. The current ICR predicts 4.2
million, 1.1 million, and 28 thousand hours, respectively, for each
respondent group, for a total of 5.3 million hours. Overall, this is an
expected increase in burden of 200 thousand hours. This increase in
burden reflects an increase in the number of sources that will be have
their permits renewed during the period of the renewal and a more
accurate estimate of the number of general versus single-source permits.
For sources, this is an increase in burden of 197 thousand hours,
primarily due to operating gap filling monitoring, preparing monitoring
and annual compliance certification reports, and preparing renewal
applications, despite the offset from the concomitant burden reduction
due to the majority of sources having completed their initial permit
applications. The Agency predicts States and other PAs will incur a
burden increase of about 9 thousand hours per year, while the Federal
government will benefit from an expected 5 hundred hour reduction in
burden.

**TABLE E-1**

**BURDEN CHANGE FROM NOVEMBER 2004 ICR TO CURRENT ICR**

+----------------+----------------+----------------+-----------------+
|                | **Average      | **Average      | **Difference**  |
|                | Annual Burden  | Annual Burden  |                 |
|                | in November    | in ICR         |                 |
|                | 2004 ICR**     | Renewal**      |                 |
+----------------+----------------+----------------+-----------------+
| **Sources**    | 3,978,858      | 4,176,069      | 197,211         |
|                |                |                |                 |
| **PAs**        | 1,130,690      | 1,140,070      | 9,380           |
|                |                |                |                 |
| **Federal**    | 28,294         | 27,789         | \(505\)         |
+----------------+----------------+----------------+-----------------+
| **Total**      | 5,137,842      | 5,343,928      | 206,086         |
+----------------+----------------+----------------+-----------------+

Table E-1 displays the expected annual burden and the expected change in
annual burden for sources, PAs, and the Federal government for
implementation of the title V Operating Permits Program between April
2007 and March 2010. Of the 5.3 million hours the Agency anticipates it
will take to perform all the functions required each year, over
3 quarters of the burden applies to sources. However, the magnitude of
the total expected burden can be misleading, due to the number of
permitted sources. For the 16,818 sources included in this analysis, the
average expected burden is relatively small -- just over 6 weeks of a
full time employee\'s time.

Permitting authorities incur about 21 percent of the burden of part 70
management, with the total burden spread between a significantly smaller
number of entities than that for sources. On average, the Agency
estimates the burden associated with the title V Operating Permits
Program will be about 10,000 hours per year per PA. Each PA can expect
to expend an average of 68 hours of effort per source each year, at a
cost of about \$3,000 per permit. However, PA burden cannot be
considered an Unfunded Mandate because the net cost to PAs for their
management of an operating permits program must, by law, be passed on to
the PA\'s sources through the permit fee. The cost of permits to sources
must be of sufficient magnitude to fully offset all permit management
costs. Hence, the true annual cost to permitting authorities under title
V is zero, and the true annual cost to sources is \$211.6 million,
approximately \$12,600 per source per year. The small increase in burden
for PAs in this ICR renewal is primarily due to a reduction in the
percentage of sources expected to get less-burdensome general permits
and an increase in permit renewal activity during the period.

The burden and cost savings represented in this ICR for Federal
oversight derives from a decrease in the overall level of effort
expected in those burden categories pertinent to the issuance of initial
permits. For instance, the previous ICR (November 2004 ICR) anticipated
the EPA would review and consult with the permitting authority to
resolve issues for 355 initial permits.[^1] This ICR, however, estimates
the Agency will probably review drafts and resolve issues for no more
than 81 initial permits.

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 there
are no adverse effects to be identified vis a vis small entities and
small businesses. Note that EPA has not made any changes in regulatory
requirements or policy that would impose any new information collection
requirements for small business, however this ICR renewal does show a
small increase in burden and costs due to several variations in
assumptions from the last ICR, including an expected increase in the
number of sources subject to permit renewal requirements, a more
accurate estimate of the percentage of sources that have obtained
less-burdensome general permits, and inflation adjustments for wage
rates.

**Table of Contents**

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

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

**2. Need and Use of the
Collection.......................................\.....3**

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

**Collection
Criteria......................................................\.....5**

**4. The Respondents and the Information
Requested......\.........\.....8**

**5. The Information Collected -- Collection Methodology**

**and Information
Management.......................................\...11**

**6. Estimating the Burden and Cost of the
Collection...........\.......13**

**Attachment 1**

**Assumptions for Part 70 ICR
Renewal.....................\......\...\...\...\...\...\...27**

**Attachment 2**

**Worksheets for Burden
Estimates..............................\...\...\...\...\...\.....34**

**Attachment 3**

**Title V of the Clean Air Act, the Statutory Requirements**

**For the Respondent
Information..............................\...\...\...\...\...\...\.....43**

**Attachment 4**

**Analysis of Part 70 State Program Evaluations For ICR Renewal Purposes
(1587.07).........\...\...\...\...\................................................54**

This analysis is titled: \"Information Collection Request for Part 70
Operating Permit Regulations.\" It fulfills the Agency\'s requirements
under the Paperwork Reduction Act (PRA) to determine, report, and
periodically update the regulatory burden associated with the Operating
Permits Program, codified in section 40 of the Code of Federal
Regulations (40 CFR) part 70. This report has been assigned EPA tracking
number ICR # 1587.07. The OMB tracking number for this ICR is 2060-0243.

Title V of the Clean Air 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 and to oversee their implementation.
The EPA regulations setting forth requirements for the operating permits
programs were codified at 40 CFR part 70 on July 21, 1992.

The activities that will occur during the period of this ICR include:

-   permitting authorities issuing the remaining initial permits;

-   sources submitting semi-annual monitoring and annual compliance
    certification reports;

-   permitting authorities reviewing those reports;

-   sources submitting applications for permit revisions;

-   permitting authorities processing permit revisions;

-   sources applying for permit renewal;

-   permitting authorities renewing permits;

-   newly subject sources submitting permit applications; and

-   permitting authorities issuing new initial permits.

    All of these data are made available for public review and comment.
    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. The information will also be
    available for public inspection at any time in the offices of the
    permitting authorities.

    The Agency anticipates annualized direct costs of the part 70 permit
    program for the three years of the ICR to subject sources to be
    approximately \$480.8 million. These represent the direct
    administrative costs for 16,818 sources, or approximately \$9,500
    per source per year (248 hours per source per year). The Agency
    estimates the cost of the part 70 permit program for the three years
    of the ICR to permitting authorities to be approximately \$153.9
    million (\$3,000 and 68 hours per source per year) while Federal
    costs for the three years of the ICR will be approximately \$3.8
    million (2 hours and \$74 per source per year).

    In implementing title V of the Act and EPA\'s part 70 operating
    permits for the regulations, State and local permitting authorities
    must develop programs and submit them to EPA for approval (section
    502(d)). Sources subject to the program must prepare operating
    permit applications and submit them to the permitting authority
    within 1 year after approval of the program by EPA (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(b)(5)). Permit applications and
    proposed permits will be provided to, and are subject to review by,
    EPA (section 505(a)). The permit and all information submitted by a
    source shall be available for public review except for confidential
    information which will be protected from disclosure (section 503(e))
    and the public shall be given public notice of, and an opportunity
    for comment on, permit actions (section 502(b)(6)). Sources will
    submit monitoring reports semi-annually and compliance certification
    reports annually, to the permitting authorities (section 503(b)(2)).
    The EPA has the responsibility to oversee implementation of the
    program (section 502(c)). A copy of sections 502 through 504 of
    title V of the Act are in Attachment 3.

    The burden estimates included in this ICR include the total burden
    of implementing the part 70 operating permits program. For the
    3-year period covered by this ICR, all State programs (including
    those portions of States for which an operating permits program is
    being implemented by a local agency) have been submitted to EPA and
    have been granted full approval. All permit applications have been
    submitted to State or local permitting authorities except for
    sources that will newly be subject to the program.

    To carry out the remaining activities of the program (listed above
    in section 1.2), permitting authorities must obtain the required
    information from sources subject to the program and they must then
    carry out their functions (e.g., permit issuance, renewal, and
    revision and report review) based on the information.

    The information included in this ICR is based upon the best data
    sources available to the Agency at this time. However,
    inconsistencies in PA 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 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. Because this ICR
    estimates the expected impact of the Operating Permits Program,
    reporting values at the single unit level may 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 would 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.

    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
    has no leeway to not require 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 implementation plans),
    the part 70 program may replace those activities thus avoiding
    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 1587.06) was
    granted on November 1, 2004 for the period ending March 31, 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 existing ICR. The Agency is currently soliciting
    comment on an analysis of burden for the part 70 program for the
    3-year period of this ICR (i.e., April 1, 2007 to March 31, 2010).

    In updating this ICR, EPA relied on the latest information on the
    number of sources subject to the program and the number of permits
    issued which is provided to EPA's regional offices, quarterly, by
    permitting authorities within their jurisdictions. Also, in the past
    EPA contacted the State and Territorial Air Pollution Program
    Administrators and the Association of Local Air Pollution Control
    Officers (STAPPA/ALAPCO), now known as the National Association of
    Clean Air Agencies (NACAA), and received input from their membership
    regarding burden associated with title V activities. The EPA remains
    committed to accept input from this organization at any time and may
    consider this information for future updates.

    The burden estimates for specific activities for this ICR renewal
    continues to rely on consultations conducted for the previous ICRs,
    as shown below.

    Permitting authorities contacted by EPA:

-   Tom Micai, New Jersey DEP, 609-292-0834

-   Lisa McClung, West Virginia DEP, 304-558-0885

-   Wayne Anderson, Mississippi DEQ, 601-961-5153

-   Rick McVaigh, San Joaquin UAPCD, 209-497-2000

    Geri O. Sullivan of STAPPA/ALAPCO (now NACAA) contacted the
    following members and provided their responses to EPA:

-   Jim Ross, Illinois EPA, 217-782-4651

-   Brian Fitzgerald, Vermont ANR, 802-241-3848

-   Phil Davis, Alabama DEM, 334-271-7875

-   Curt Marshall, Regional Air Pollution Control Agency (Dayton, OH),
    937-225-4435

-   Renee Bashel, Wisconsin DNR, 608-266-7718

    In the last ICR renewal, EPA discussed two other EPA activities that
    it thought would yield additional title V burden information for
    this renewal. One of these activities was a nationwide,
    comprehensive evaluation of the majority of title V operating
    permits programs, which was completed September 2006. The second
    activity is a stakeholder effort to assess all aspects of the title
    V program, currently lead by the Clean Air Act Advisory Committee.
    (This effort is known as the Title V Task Force.) The first
    activity, the State program evaluations, was not specifically
    designed to provide information for purposes of estimating burdens
    and cost of title V programs but it did result in information that
    generally supports the assumptions of the prior ICR, including those
    based on input from State and local permitting authorities. There is
    only one assumption for permitting authorities that has changed in
    response to these evaluations, that is the frequency that public
    comments results in changes to draft permits (see Table 8, section
    6.3.2), which did not lead to significant changes in burden for
    permitting authorities. See analysis of State program evaluations
    included as Attachment 4). The second activity, the Title V Task
    Force, resulted in recommendations on ways that EPA could improve
    the effectiveness of the title V programs, such as through
    rulemaking or the issuance of guidance, but it did not result in any
    information useful for estimating burdens for this ICR. Although
    this effort is on-going, it is unlikely that it will lead to any
    other information useful for ICR renewal purposes in the future.
    (See http://www.epa.gov/oar/oaqps/permits/taskforce.html)

    In general, the information collections included in this ICR are
    one-time submittals per activity (e.g., permit application, permit
    issuance, permit revision). Exceptions are deviation reports that
    must be submitted \"promptly\" and the semi-annual monitoring data
    report and the annual compliance certification. These reports are
    required by section 503(b)(1) and (2), respectively, of the Act and
    EPA has no leeway to require less frequent reporting.

    Part 70 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, other than confidential business information,
    relating to the permitting of sources under this program and related
    to compliance monitoring are required by section 503(e) of the Act
    to be subject to public review at all times. Section
    70.4(b)(3)(viii) requires the permitting authority to make available
    to the public any permitting information except that entitled to
    protection from disclosure under section 114(c) of the Act.
    Protected information 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 two groups:
    permitting authorities (PAs) and sources required to obtain an
    operating permit.

    All States are required by title V to develop a part 70 operating
    permits program. In many instances, local agencies administer a
    program in their jurisdiction in lieu of the State and are thereby
    subject to the same program requirements as States. In total, there
    are 112 State, territorial, and local agencies administering
    operating permits programs.

    Under title V, all major stationary sources must obtain an operating
    permit.[^2] Some non-major sources may also be subject to the
    program if they are subject to a Federal standard such as a New
    Source Performance Standard (including standards for hazardous air
    pollutants). Some of these sources have been exempted from the
    program or the applicability of the program requirements are
    deferred until some future date. Information provided to the EPA by
    permitting authorities indicate 16,643 sources are now subject to
    the program, representing more than 500 SIC codes. Additional
    information (including SIC codes) for major sources subject to title
    V is found by accessing the web page below:

    http://www.epa.gov/compliance/resources/publications/data/systems/air/afsmajorsources.pdf

    All activities associated with the operating permits program are
    considered information collection activities and are reflected in
    the ICR for part 70. Following are lists of the operating permits
    program data items submitted by sources and permitting authorities
    and program activities performed by permitting authorities and
    sources. These lists differ from those included in previous part 70
    ICRs because experience gained in implementing the program allows a
    more realistic breakout of activities. The Agency believes the list
    of tasks below more accurately represents the burdens experienced by
    sources and permitting authorities and allows a more accurate
    estimate of burden.

    **Permitting Authorities** (submitted to EPA)

-   Applications for initial permits, permit revisions, and permit
    renewals

-   Draft/proposed permits, permit revisions, or permit renewals

-   Final permit

-   Annual report of enforcement activities

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

-   Application for initial permits, permit revisions, and permit
    renewals

-   Deviation reports that must be filed \"promptly\"

-   Semi-annual periodic monitoring report

-   Annual compliance certification report

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

-   **Program administration:** Responding to inquiries about the
    program, developing internal and external program guidance,
    planning, attending program training, permit fee collection,
    providing source training, attending EPA meetings and conferences,
    providing public education, and other program related activities

-   **Permit application review,** including discussions with a source
    concerning the completeness of the permit application

-   **Draft permit preparation,** including contact with the source

-   **Comment period notification:** Providing notice to the public,
    EPA, and affected States of the comment period on a draft permit

-   **Public hearing administration:** Administering a public hearing,
    when appropriate

-   **Interaction with EPA** on a proposed permit, including
    negotiations, re-drafting, and formal EPA objections (including
    those attributable to public petitions)

-   **Response to public comments:** Analyzing public comments and
    revising the permit accordingly

-   **Permit issuance:** Formalizing permits, including web activities
    and source notification

-   **General permits** **administration** (Burden for issuing general
    permits included with other permit issuance burden)

-   **Permit revision**: Modifying permits to reflect changes at the
    source otherwise prohibited by the permit

-   **Permit renewal:** Updating the permit to reflect changes at the
    source, not captured through permit revision (includes reviewing
    application, drafting changes, public notice, and permit issuance)

-   **Monitoring and compliance certification:** Reviewing deviation and
    semiannual monitoring reports and annual compliance certification

-   **Annual reporting:** Preparing and submitting to EPA annually a
    report of the State\'s enforcement activities

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

-   **Permit application preparation**, including internal meetings,
    permitting authority discussions, management and legal department
    involvement, responsible official certification, contractor services

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

-   **Gap-filling development:** Development of periodic monitoring or
    reporting, where necessary

-   **Public hearing participation**

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

-   **Monitoring reports:** Preparing deviation and semi-annual
    monitoring data reports and annual compliance certifications,
    including data analysis, responsible official certification, and
    report submission

-   **Permit revisions:** Preparing applications for revisions

-   **Permit renewal:** Preparing permit renewal applications

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

    **[EPA ACTIVITIES]{.underline}**

-   **Review proposed permits** and permit revisions to determine if
    they provide for compliance with all applicable requirements

-   **Review monitoring** provisions of proposed permits or permit
    revisions to see if they contain applicable requirements or to add
    periodic monitoring if needed

-   **Consult** with the permitting authority on any problems detected
    in the proposed permit or permit revision including interaction
    related to objection procedures

-   **Program oversight** **including review of program changes**,
    review annual reports of enforcement activities, program evaluation,
    issuing notices of deficiency, and applying sanctions

    The Agency will receive proposed permits or permit revisions in hard
    copy or electronically, depending on permitting authority
    capability. Each EPA Regional Office has determined with their
    permitting authorities the most efficient system to exchange
    information. Each Regional Office maintains files of permit
    information only to the extent that the office determines the need
    for file retention. This will vary depending on factors such as the
    source (e.g., large, complicated sources vs. small), the type of
    permit (general vs. full), the number of actions occurring at a
    source, or the record of the source with respect to compliance.
    There is no need for EPA to maintain complete files of permit
    actions for public access since these are maintained by permitting
    authorities.

    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
    for those non-major source categories for which compliance with
    title V will be impractical, 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.

    For industries with a large number of identical sources (e.g., bulk
    gasoline distribution terminals and gravel mining operations),
    general permits may be used to meet the requirements of title V,
    instead of a source-specific permit. General permits can reduce the
    burden of the program on small businesses.

    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 does not significantly increase burden relative to
    its predecessor, 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.

    **Permitting Authorities (submitted to EPA):**

-   Application for permits, permit revision, and permit renewal should
    be submitted to EPA with the proposed permit or permit revision

-   Draft/proposed permits, permit revisions, or permit renewals should
    be submitted when the State wants to commence the EPA review period
    of the proposed permit or permit revision

-   The final permit should be submitted to EPA soon after it is issued,
    but there is no deadline in part 70 for this submission

-   The annual report of enforcement activities is submitted to EPA
    annually, but part 70 does not specify a date

-   Responding to program evaluation questionnaires

    **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 at the discretion of the source

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

-   The semi-annual periodic monitoring report is due to be submitted to
    the permitting authority twice a year on dates specified by the
    permitting authority

-   The annual compliance certification report is due annually on a date
    specified by the permitting authority

-   Deviation reports (frequency is defined by permitting authority but
    at least every six months)

    Historically, the Agency has identified 116 permitting authorities
    for title V purposes. This number includes several governmental
    agencies that do not manage operating permits programs. In
    actuality, there are 112 permitting authorities acting within the
    United States. Forty-nine States operate as permitting authorities,
    with California employing 34 local air quality management
    organizations in lieu of a statewide permitting authority. Puerto
    Rico, the Virgin Islands, and Washington D.C. all have operating
    permits programs, and there are 26 county or regional permitting
    authorities within States that operate in a manner similar to that
    of California.

    As of September 2006, the Agency identified 16,643 sources subject
    to permitting under 40 CFR part 70, 16,441 of which have already
    received permits, representing a backlog of 202 sources. We consider
    sources who have not yet received initial permits to be in the
    backlog if the deadline for the permitting authority to act on the
    application has passed and a permit has not been issued. Also,
    between September 2006 and March 2007, EPA estimates that 25 new
    sources will become subject to permitting, and that an additional 54
    permits will be issued (i.e., comprised of 25 new sources and 29
    backlogged sources). Thus, at the beginning of the period covered by
    this analysis, EPA estimates there will be a source population of
    16,668 sources, 16,495 issued permits, and a backlog of 173 permits.
    In addition, during the three years of this ICR we assume that the
    backlog of initial permits will be reduced in equal amount each
    year, eliminating the backlog by the end of the period of analysis.
    Also, 150 sources will become newly subject to permitting during the
    period of the analysis as a normal consequence of economic growth.
    Table 1 summarizes the number of permitting authorities and the
    number of permits to be issued during the period of this ICR
    renewal.

    In the original 1992 RIA and ICR for the Operating Permits
    Regulations, the Agency anticipated 34,324 sources would be required
    to obtain operating permits. Since that time, the Agency has offered
    additional regulatory relief to sources by providing a vehicle
    through which sources defined as major based upon their potential to
    emit can, by contractually limiting operations, reduce their
    potential to emit to under the major source threshold (generally 100
    tons per year of a criteria pollutant, 25 tons of a mixture of HAPs,
    or 10 tons of a single HAP). The success of this \"synthetic minor\"
    program can readily be seen by the significant drop (over 16,000
    sources) in the number of affected major sources.

+-------------------+---+----------------------------------+-----+-----+
| **TABLE 1**       |   |                                  |     |     |
|                   |   |                                  |     |     |
| **IDENTIFICATION  |   |                                  |     |     |
| OF AFFECTED       |   |                                  |     |     |
| ENTITIES AND      |   |                                  |     |     |
| PERMIT ISSUANCE   |   |                                  |     |     |
| SCHEDULE**        |   |                                  |     |     |
+-------------------+---+----------------------------------+-----+-----+
| **PERMITTING      |   | **SOURCES**                      |     |     |
| AUTHORITIES**     |   |                                  |     |     |
+-------------------+---+----------------------------------+-----+-----+
| State Permitting  | 4 | Total Population of Part 70      | 16, | 16, |
| Authorities       | 9 | Sources as of September 2006     | 441 | 643 |
|                   |   |                                  |     |     |
| PLUS: California  | 3 | Less: Sources Permitted Before   | [   | 173 |
| Local Authorities | 4 | September 2006                   | 54] |     |
|                   |   |                                  | {.u | 16% |
| PLUS: Territories | 2 | Less: Sources Permitted          | nde |     |
| and Possessions   |   | September 2006 to March 2007     | rli | 2,  |
|                   | 1 |                                  | ne} | 667 |
| PLUS: District of |   | Total Sources Expected to Be     |     |     |
| Columbia          | [ | Permitted by March 2007          | 16, | 2,  |
|                   | 2 |                                  | 495 | 667 |
| PLUS: Other Local | 6 | Plus: Newly Subjected Sources    |     |     |
| PAs               | ] | Before March 2007                | 25  | 0   |
|                   | { |                                  |     |     |
| Total Permitting  | . | Sources remaining to Be          |     | 150 |
| Authorities       | u | Permitted by March 2007          |     |     |
|                   | n |                                  |     | 108 |
|                   | d | Percent of Sources Expected to   |     |     |
|                   | e | Be Covered by General Permits    |     | 0   |
|                   | r |                                  |     |     |
|                   | l | Existing Sources Expected to Be  |     | 108 |
|                   | i | Covered                          |     |     |
|                   | n |                                  |     | 108 |
|                   | e | Less: Sources Covered by March   |     |     |
|                   | } | 2007                             |     | 0   |
|                   |   |                                  |     |     |
|                   | 1 | Existing Sources Issued General  |     | 108 |
|                   | 1 | Permits During this ICR          |     |     |
|                   | 2 |                                  |     | 107 |
|                   |   | Plus New Subject Sources During  |     |     |
|                   |   | ICR Period (3 years)             |     | 0   |
|                   |   |                                  |     |     |
|                   |   | Total Permits to be Issued in    |     | 107 |
|                   |   | Year 1                           |     |     |
|                   |   |                                  |     | 323 |
|                   |   | Less: New Sources Covered by     |     |     |
|                   |   | General Permits                  |     |     |
|                   |   |                                  |     |     |
|                   |   | Single-source Permits to be      |     |     |
|                   |   | Issued in Year 1                 |     |     |
|                   |   |                                  |     |     |
|                   |   | Total Permits to be Issued in    |     |     |
|                   |   | Year 2                           |     |     |
|                   |   |                                  |     |     |
|                   |   | Less: New Sources Covered by     |     |     |
|                   |   | General Permits                  |     |     |
|                   |   |                                  |     |     |
|                   |   | Single-source Permits to be      |     |     |
|                   |   | Issued in Year 2                 |     |     |
|                   |   |                                  |     |     |
|                   |   | Total Permits to be Issued in    |     |     |
|                   |   | Year 2                           |     |     |
|                   |   |                                  |     |     |
|                   |   | Less: New Sources Covered by     |     |     |
|                   |   | General Permits                  |     |     |
|                   |   |                                  |     |     |
|                   |   | Single-source Permits to Be      |     |     |
|                   |   | Issued in Year 3                 |     |     |
|                   |   |                                  |     |     |
|                   |   | Total (single) Permits Expected  |     |     |
|                   |   | to Be Issued During This ICR     |     |     |
+-------------------+---+----------------------------------+-----+-----+

Another example of regulatory relief incorporated into the operating
permits program is the general permit, which allows large numbers of
homogenous major sources of pollution to receive the same permit. This
program has been successful in allowing approximately 16% (more than
2,600 part 70 sources) of all part 70 sources a cost-effective
alternative to single-source permitting. Note that in prior analyses we
estimated that 20% of sources would get general permits, but data EPA
has collected recently from permitting authorities supports revising
this estimate downward to 16% for purposes of the current analysis. The
EPA estimates that by March 2007 (when the period of this ICR begins),
the total population of part 70 sources will have grown to 16,668 and
that 16% of these sources (2,667 sources) will have received general
permits. Because general permits are typically relatively easy to issue,
the Agency assumes that all existing sources eligible for general
permits will have received them by March 2007 and that none of the 173
backlogged sources will be issued general permits during the three years
of this ICR. We further assume that none of the estimated 150 newly
subject sources will receive general permits during the period of this
ICR.

Data collected by EPA suggests a renewal backlog of 8,552 permits as of
September 2006. These permits will need to be renewed during the 3-year
ICR period in order to eliminate the backlog. Additional permits will
become subject to renewal during the ICR period because their initial or
previous renewal permits are expiring. Thus, the total amount of permits
projected to be renewed during the ICR period is 11,668. EPA assumes
that the total number of permits to be renewed in each year of the ICR
will be 1/3 of the backlog plus whatever permits would normally come up
for review because their permits are at the end of their 5-year term, or
4,414 the first year, 3,710 the second year, and 3,544 the third year.
This analysis also assumes that 84% of renewal permits will be issued as
single-source permits and 16% as general permits, consistent with EPA's
revised assumption.

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. 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.
The specific tasks included in each activity are in Section 4.2.2,
above, and the worksheets in Attachment 2 of this ICR.

Table 4 includes Federal burden estimates for each of the EPA activities
discussed above in section 4.2.2. Based on Agency experience with the
operating permits program over the years, these estimates remain
unchanged from the last ICR renewal.

**TABLE 2**

**AVERAGE SOURCE BURDEN BY ACTIVITY**

+-----------------------------------+----------------------------------+
| **ACTIVITY**                      | **BURDEN PER SOURCE OR PERMIT    |
|                                   | (Hours)**                        |
+-----------------------------------+----------------------------------+
| Prepare Application               | 300                              |
+-----------------------------------+----------------------------------+
| Draft Permits Interaction         | 40                               |
+-----------------------------------+----------------------------------+
| Gap-filling Monitoring            | 40                               |
| Development                       |                                  |
+-----------------------------------+----------------------------------+
| Public Hearing Participation      | 10                               |
+-----------------------------------+----------------------------------+
| Operate Gap-filling Periodic      | 200                              |
| Monitoring                        |                                  |
+-----------------------------------+----------------------------------+
| Prepare Monitoring Reports        | 80                               |
+-----------------------------------+----------------------------------+
| Permits Revisions                 | 80                               |
|                                   |                                  |
| Significant Permit                | 40                               |
| Modifications(10% of Permits)     |                                  |
|                                   | 8                                |
| Minor Permit Modifications (50%   |                                  |
| of Permits)                       |                                  |
|                                   |                                  |
| Administrative Amendments (50% of |                                  |
| Permits)                          |                                  |
+-----------------------------------+----------------------------------+
| Re-application of General Permit  | 2                                |
+-----------------------------------+----------------------------------+
| Permit Renewal                    | 200                              |
+-----------------------------------+----------------------------------+
| Other Activities                  | 20                               |
+-----------------------------------+----------------------------------+

**TABLE 3**

**PERMITTING AUTHORITY BURDEN BY ACTIVITY**

+-----------------------------------+-----------------------------------+
| **ACTIVITY**                      | **BURDEN PER PERMIT OR PROGRAM    |
|                                   | (Hours)**                         |
+-----------------------------------+-----------------------------------+
| Program Administration            | 3,500 / PA                        |
+-----------------------------------+-----------------------------------+
| Permit Application Review         | 100 / permit                      |
+-----------------------------------+-----------------------------------+
| Draft Permits Preparation         | 150 / permit                      |
+-----------------------------------+-----------------------------------+
| Comment Period Notification       | 10 / permit                       |
+-----------------------------------+-----------------------------------+
| Hold Public Hearings              | 100 / hearing                     |
+-----------------------------------+-----------------------------------+
| Interaction with EPA              | 20 / permit                       |
+-----------------------------------+-----------------------------------+
| Analyze Public Comments           | 40 / permit                       |
+-----------------------------------+-----------------------------------+
| Permits Issuance                  | 8 / permit                        |
+-----------------------------------+-----------------------------------+
| General Permits                   | 80 / PA                           |
+-----------------------------------+-----------------------------------+
| Permit Revision                   | 60/ permit                        |
|                                   |                                   |
| Significant Permit Modification   | 20 / permit                       |
|                                   |                                   |
| Minor Permit Modification         | 5 / permit                        |
|                                   |                                   |
| Administrative Amendment          |                                   |
+-----------------------------------+-----------------------------------+
| Permits Renewal                   | 60 / permit                       |
+-----------------------------------+-----------------------------------+
| Renew General Permits             | 10 / permit                       |
+-----------------------------------+-----------------------------------+
| Review Monitoring and Compliance  | 5 / report / permit               |
| Certification Reports             |                                   |
+-----------------------------------+-----------------------------------+
| Annual Enforcement Activity       | 40 / PA                           |
| Reporting                         |                                   |
+-----------------------------------+-----------------------------------+

**TABLE 4**

**EPA ACTIVITIES**

+-----------------------------------+----------------------------------+
| **ACTIVITIES**                    | **BURDEN HOURS PER PERMIT**      |
+-----------------------------------+----------------------------------+
| Review Proposed Permits\*         | 20 / permit                      |
|                                   |                                  |
| New Permits                       | 8 / revision                     |
|                                   |                                  |
| Significant Permit Modifications  | 1 / revision                     |
|                                   |                                  |
| Minor Permit Modifications        |                                  |
+-----------------------------------+----------------------------------+
| Consultation                      | 8 / permit                       |
|                                   |                                  |
| New Permits (25%)                 | 8 / permit                       |
|                                   |                                  |
| Significant Permit Modifications  | 1 / permit                       |
| (25%)                             |                                  |
|                                   |                                  |
| Minor Permit Modifications (25%)  |                                  |
+-----------------------------------+----------------------------------+
| Review the Annual Enforcement     | 10 / report                      |
| Activity Reports                  |                                  |
+-----------------------------------+----------------------------------+

\* Includes the burden for review of periodic monitoring

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 5.

+-----------------------------------------------------------------------+
| **TABLE 5**                                                           |
|                                                                       |
| **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 6 for
establishing a Federal and PA FTE wage rate. The fully loaded hourly
cost calculated at that time for Industry-hired consultants is \$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 5, 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 to 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 6 displays the calculation of this rate.

**TABLE 6**

**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 7 lists the burden categories for respondent sources, the number
of estimated occurrences for each item, and the expected cost for each,
based on the burden estimations from Table 2.

Table 8 lists the burden categories for respondent permitting
authorities, the expected number of permits or programs involved, and
the expected cost for each, based on the burden estimations from Table
3.

Table 9 lists the burden categories for Federal oversight, the number of
estimated permits or programs involved, and the expected cost for each,
based on the burden estimations from Table 4.

+----------------+-----------+-----------+----------+-------+-------+
| **TABLE 7**    |           |           |          |       |       |
|                |           |           |          |       |       |
| **THE BURDEN   |           |           |          |       |       |
| AND COST OF    |           |           |          |       |       |
| SOURCE         |           |           |          |       |       |
| ACTIVITIES FOR |           |           |          |       |       |
| THE 3-YEAR ICR |           |           |          |       |       |
| PERIOD**       |           |           |          |       |       |
+----------------+-----------+-----------+----------+-------+-------+
| **ACTIVITY**   | **BURDEN  | **RATE    | **       | **    | **    |
|                | HOURS PER | PER       | AFFECTED | TOTAL | TOTAL |
|                | PERMIT**  | HOUR**    | P        | B     | COST  |
|                |           |           | ERMITS** | URDEN | (\$20 |
|                |           |           |          | (HOU  | 06)** |
|                |           |           |          | RS)** |       |
+----------------+-----------+-----------+----------+-------+-------+
| Prepare        | 300       | \$143     | 150      | 4     | \     |
| Application    |           |           |          | 5,000 | $6,43 |
|                |           |           |          |       | 5,000 |
+----------------+-----------+-----------+----------+-------+-------+
| Draft Permit   | 40        | \$38      | 323      | 1     | \$49  |
|                |           |           |          | 2,920 | 0,960 |
+----------------+-----------+-----------+----------+-------+-------+
| Gap Filling    | 40        | \$38      | 162      | 6,480 | \$24  |
| Monitoring     |           |           |          |       | 6,240 |
| Development    |           |           |          |       |       |
+----------------+-----------+-----------+----------+-------+-------+
| Public Hearing | 10        | \$38      | 6        | 60    | \$    |
| Participation  |           |           |          |       | 2,280 |
+----------------+-----------+-----------+----------+-------+-------+
| Operate Gap    | 200       | \$38      | 8,248    | 1,64  | \$    |
| Filling        |           |           |          | 9,600 | 62,68 |
| Monitoring     |           |           | 8,302    |       | 4,800 |
|                |           |           |          | 1,66  |       |
| Year 1         |           |           | 8,356    | 0,400 | \$    |
|                |           |           |          |       | 63,09 |
| Year 2         |           |           |          | [1,   | 5,200 |
|                |           |           |          | 671,2 |       |
| Year 3         |           |           |          | 00]{. | [     |
|                |           |           |          | under | \$63, |
|                |           |           |          | line} | 505,6 |
|                |           |           |          |       | 00]{. |
|                |           |           |          | 4,98  | under |
|                |           |           |          | 1,200 | line} |
|                |           |           |          |       |       |
|                |           |           |          |       | \$1   |
|                |           |           |          |       | 89,28 |
|                |           |           |          |       | 5,600 |
+----------------+-----------+-----------+----------+-------+-------+
| Prepare        | 80        | \$38      | 16,495   | 1,31  | \$    |
| Monitoring     |           |           |          | 9,600 | 50,14 |
| Reports        |           |           | 16,603   |       | 4,800 |
|                |           |           |          | 1,32  |       |
| Year 1         |           |           | 16,711   | 8,240 | \$    |
|                |           |           |          |       | 50,47 |
| Year 2         |           |           |          | [1,   | 3,120 |
|                |           |           |          | 336,8 |       |
| Year 3         |           |           |          | 80]{. | [     |
|                |           |           |          | under | \$50, |
|                |           |           |          | line} | 801,4 |
|                |           |           |          |       | 40]{. |
|                |           |           |          | 3,98  | under |
|                |           |           |          | 4,720 | line} |
|                |           |           |          |       |       |
|                |           |           |          |       | \$1   |
|                |           |           |          |       | 51,41 |
|                |           |           |          |       | 9,360 |
+----------------+-----------+-----------+----------+-------+-------+
| Permit         | 80        | \$38      | 1,383    | 11    | \     |
| Revisions      |           |           |          | 0,640 | $4,20 |
|                | 40        |           | 1,394    |       | 4,320 |
| Significant    |           |           |          | 11    |       |
| Permit         | 8         |           | [1,      | 1,520 | \     |
| Modification   |           |           | 404]{.un |       | $4,23 |
|                |           |           | derline} | [     | 7,760 |
| Year 1         |           |           |          | 112,3 |       |
|                |           |           | 4,181    | 20]{. | [\$4, |
| Year 2         |           |           |          | under | 268,1 |
|                |           |           | 6,914    | line} | 60]{. |
| Year 3         |           |           |          |       | under |
|                |           |           | 6,968    | 33    | line} |
| Minor Permit   |           |           |          | 4,480 |       |
| Modifications  |           |           | [7,      |       | \$    |
|                |           |           | 022]{.un | 27    | 12,71 |
| Year 1         |           |           | derline} | 6,560 | 0,240 |
|                |           |           |          |       |       |
| Year 2         |           |           | 20,904   | 27    | \$    |
|                |           |           |          | 8,720 | 10,50 |
| Year 3         |           |           | 6,914    |       | 9,280 |
|                |           |           |          | [     |       |
| Administrative |           |           | 6,968    | 280,8 | \$    |
| Amendments     |           |           |          | 80]{. | 10,59 |
|                |           |           | [7,      | under | 1,360 |
| Year 1         |           |           | 022]{.un | line} |       |
|                |           |           | derline} |       | [     |
| Year 2         |           |           |          | 83    | \$10, |
|                |           |           | 20,904   | 6,160 | 673,4 |
| Year 3         |           |           |          |       | 40]{. |
|                |           |           |          | 5     | under |
|                |           |           |          | 5,312 | line} |
|                |           |           |          |       |       |
|                |           |           |          | 5     | \$    |
|                |           |           |          | 5,744 | 31,77 |
|                |           |           |          |       | 4,080 |
|                |           |           |          | [56,1 |       |
|                |           |           |          | 76]{. | \     |
|                |           |           |          | under | $2,10 |
|                |           |           |          | line} | 1,856 |
|                |           |           |          |       |       |
|                |           |           |          | 16    | \     |
|                |           |           |          | 7,232 | $2,11 |
|                |           |           |          |       | 8,272 |
|                |           |           |          |       |       |
|                |           |           |          |       | [\$2, |
|                |           |           |          |       | 134,6 |
|                |           |           |          |       | 88]{. |
|                |           |           |          |       | under |
|                |           |           |          |       | line} |
|                |           |           |          |       |       |
|                |           |           |          |       | \     |
|                |           |           |          |       | $6,35 |
|                |           |           |          |       | 4,816 |
+----------------+-----------+-----------+----------+-------+-------+
| General Permit | 2         | \$38      | 1,867    | 3,734 | \$14  |
| Renewal        |           |           |          |       | 1,892 |
+----------------+-----------+-----------+----------+-------+-------+
| Permit Renewal | 200       | \$38      | 9,801    | 1,96  | \$    |
|                |           |           |          | 0,200 | 74,48 |
|                |           |           |          |       | 7,600 |
+----------------+-----------+-----------+----------+-------+-------+
| Other          | 20        | \$38      | 9,801    | 19    | \     |
| Activities     |           |           |          | 6,020 | $7,44 |
|                |           |           |          |       | 8,760 |
+----------------+-----------+-----------+----------+-------+-------+
| Totals         |           |           |          | 12,52 | \$4   |
|                |           |           |          | 8,206 | 80,79 |
|                |           |           |          |       | 6,828 |
+----------------+-----------+-----------+----------+-------+-------+

+------------------------+---------+------------+-----------+---------+
| **TABLE 8**            |         |            |           |         |
|                        |         |            |           |         |
| **THE BURDEN AND COST  |         |            |           |         |
| OF PERMITTING          |         |            |           |         |
| AUTHORITY ACTIVITIES   |         |            |           |         |
| FOR THE 3-YEAR ICR     |         |            |           |         |
| PERIOD**               |         |            |           |         |
+------------------------+---------+------------+-----------+---------+
| **ACTIVITY**           | *       | **Affected | **Total   | **Total |
|                        | *Burden | Permits or | Burden    | Cost    |
|                        | Hours   | Programs** | (Hours)** | (\$     |
|                        | per     |            |           | 2006)** |
|                        | P       |            |           |         |
|                        | ermit** |            |           |         |
+------------------------+---------+------------+-----------+---------+
| Program Administration | 3,500   | 112        | 1,176,000 | \$52,   |
|                        |         | programs   |           | 920,000 |
+------------------------+---------+------------+-----------+---------+
| Permit Application     | 100     | 150        | 15,000    | \$      |
| Review                 |         |            |           | 675,000 |
+------------------------+---------+------------+-----------+---------+
| Draft Permit           | 150     | 323        | 48,450    | \$2,    |
| Preparation            |         |            |           | 180,250 |
+------------------------+---------+------------+-----------+---------+
| Comment Period         | 10      | 323        | 3,230     | \$      |
| Notification           |         |            |           | 145,350 |
+------------------------+---------+------------+-----------+---------+
| Public Hearing         | 100     | 6          | 600       | \       |
|                        |         |            |           | $27,000 |
+------------------------+---------+------------+-----------+---------+
| Interaction with EPA   | 20      | 323        | 6,460     | \$      |
|                        |         |            |           | 290,700 |
+------------------------+---------+------------+-----------+---------+
| Analyzing Public       | 40      | 6          | 240       | \       |
| Comments               |         |            |           | $10,800 |
+------------------------+---------+------------+-----------+---------+
| Permit Issuance        | 8       | 323        | 2,584     | \$      |
|                        |         |            |           | 116,280 |
+------------------------+---------+------------+-----------+---------+
| General Permits        | 80      | 112        | 26,880    | \$1,    |
| Administration         |         | programs   |           | 209,600 |
+------------------------+---------+------------+-----------+---------+
| Permit Revisions       | 60      | 1,383      | 82,980    | \$11,   |
|                        |         |            |           | 288,700 |
| Significant Year 1     |         | 1,394      | 83,640    |         |
|                        |         |            |           |         |
| Year 2                 |         | [1,404]{.  | [8        |         |
|                        |         | underline} | 4,240]{.u |         |
| Year 3                 |         |            | nderline} |         |
|                        |         | 4,181      |           |         |
|                        |         |            | 250,860   |         |
+------------------------+---------+------------+-----------+---------+
| Minor Year 1           | 20      | 6,914      | 138,280   | \$18,   |
|                        |         |            |           | 813,600 |
| Year 2                 |         | 6,968      | 139,360   |         |
|                        |         |            |           |         |
| Year 3                 |         | [7,022]{.  | [14       |         |
|                        |         | underline} | 0,440]{.u |         |
|                        |         |            | nderline} |         |
|                        |         | 20,904     |           |         |
|                        |         |            | 418,080   |         |
+------------------------+---------+------------+-----------+---------+
| Administrative Year 1  | 5       | 6,914      | 34,570    | \$4,    |
|                        |         |            |           | 703,400 |
| Year 2                 |         | 6,968      | 34,840    |         |
|                        |         |            |           | \$34,   |
| Year 3                 |         | [7,022]{.  | [3        | 805,700 |
|                        |         | underline} | 5,110]{.u |         |
|                        |         |            | nderline} |         |
|                        |         | 20,904     |           |         |
|                        |         |            | 104,520   |         |
|                        |         |            |           |         |
|                        |         |            | 773,460   |         |
+------------------------+---------+------------+-----------+---------+
| Permit Renewals        | 60      | 9,801      | 588,060   | \$26,   |
|                        |         |            |           | 462,700 |
+------------------------+---------+------------+-----------+---------+
| Review General Permits | 10      | 1,867      | 18,670    | \$      |
|                        |         |            |           | 840,150 |
+------------------------+---------+------------+-----------+---------+
| Review Monitoring and  | 15      | 16,495     | 247,425   | \$11,   |
| Compliance             |         |            |           | 134,125 |
| Certification Reports  | 15      | 16,603     | 249,045   |         |
|                        |         |            |           | \$11,   |
| Year 1                 | 15      | 16,711     | [25       | 207,025 |
|                        |         |            | 0,665]{.u |         |
| Year 2                 |         |            | nderline} | [\$11   |
|                        |         |            |           | ,279,92 |
| Year 3                 |         |            | 747,135   | 5]{.und |
|                        |         |            |           | erline} |
|                        |         |            |           |         |
|                        |         |            |           | \$33,   |
|                        |         |            |           | 621,075 |
+------------------------+---------+------------+-----------+---------+
| Annual Enforcement     | 40      | 112        | 13,440    | \$      |
| Activity Reporting     |         | programs   |           | 604,800 |
+------------------------+---------+------------+-----------+---------+
| Totals                 |         |            | 3,420,209 | \$153,  |
|                        |         |            |           | 909,405 |
+------------------------+---------+------------+-----------+---------+

+------------------------+---------+------------+-----------+---------+
| **TABLE 9**            |         |            |           |         |
|                        |         |            |           |         |
| **THE BURDEN AND COST  |         |            |           |         |
| OF EPA ACTIVITIES FOR  |         |            |           |         |
| THE 3-YEAR ICR         |         |            |           |         |
| PERIOD**               |         |            |           |         |
+------------------------+---------+------------+-----------+---------+
| **ACTIVITY**           | *       | **Affected | **Total   | **Total |
|                        | *Burden | Permits or | Burden    | Cost    |
|                        | Hours** | Programs** | (Hours)** | (\$     |
|                        |         |            |           | 2006)** |
+------------------------+---------+------------+-----------+---------+
| Review Permits and     | 20      | 81         | 1,620     | \       |
| Revisions              |         |            |           | $72,900 |
|                        | 20      | 490        | 9,800     |         |
| New Permits            |         |            |           | \$      |
|                        | 8       | 1,383      | 11,064    | 441,000 |
| Renewals               |         |            |           |         |
|                        | 1       | 1,394      | 11,152    | \$      |
| Significant Permit     |         |            |           | 497,880 |
| Revisions Year 1       |         | [1,404]{.  | [1        |         |
|                        |         | underline} | 1,232]{.u | \$      |
| Year 2                 |         |            | nderline} | 501,840 |
|                        |         | 4,181      |           |         |
| Year 3                 |         |            | 33,448    | [\      |
|                        |         | 6,914      |           | $505,44 |
| Minor Permit Revisions |         |            | 6,914     | 0]{.und |
| Year 1                 |         | 6,968      |           | erline} |
|                        |         |            | 6,968     |         |
| Year 2                 |         | [7,022]{.  |           | \$1,    |
|                        |         | underline} | [         | 505,160 |
| Year 3                 |         |            | 7,022]{.u |         |
|                        |         | 20,904     | nderline} | \$      |
|                        |         |            |           | 311,130 |
|                        |         |            | 20,904    |         |
|                        |         |            |           | \$      |
|                        |         |            |           | 313,560 |
|                        |         |            |           |         |
|                        |         |            |           | [\      |
|                        |         |            |           | $315,99 |
|                        |         |            |           | 0]{.und |
|                        |         |            |           | erline} |
|                        |         |            |           |         |
|                        |         |            |           | \$      |
|                        |         |            |           | 940,680 |
+------------------------+---------+------------+-----------+---------+
| Consult with PA        | 8       | 81         | 648       | \       |
|                        |         |            |           | $29,160 |
| New Permits            | 8       | 346        | 2,768     |         |
|                        |         |            |           | \$      |
| Significant Permit     | 1       | 348        | 2,784     | 124,560 |
| Revisions Year 1       |         |            |           |         |
|                        |         | [351]{.    | [         | \$      |
| Year 2                 |         | underline} | 2,808]{.u | 125,280 |
|                        |         |            | nderline} |         |
| Year 3                 |         | 1,045      |           | [\      |
|                        |         |            | 8,360     | $126,36 |
| Minor Permit Revisions |         | 1,729      |           | 0]{.und |
| Year 1                 |         |            | 1,729     | erline} |
|                        |         | 1,742      |           |         |
| Year 2                 |         |            | 1,742     | \$      |
|                        |         | [1,755]{.  |           | 376,200 |
| Year 3                 |         | underline} | [         |         |
|                        |         |            | 1,755]{.u | \       |
|                        |         | 5,226      | nderline} | $77,805 |
|                        |         |            |           |         |
|                        |         |            | 5,226     | \       |
|                        |         |            |           | $78,390 |
|                        |         |            |           |         |
|                        |         |            |           | [       |
|                        |         |            |           | \$78,97 |
|                        |         |            |           | 5]{.und |
|                        |         |            |           | erline} |
|                        |         |            |           |         |
|                        |         |            |           | \$      |
|                        |         |            |           | 235,170 |
+------------------------+---------+------------+-----------+---------+
| Review the Annual      | 10      | 112        | 3,360     | \$      |
| Report                 |         |            |           | 151,200 |
+------------------------+---------+------------+-----------+---------+
| Totals                 |         |            | 83,366    | \$3,    |
|                        |         |            |           | 751,470 |
+------------------------+---------+------------+-----------+---------+

Tables 2, 3, and 4 display the activities of the part 70 program for
sources, permitting authorities, and Federal government (EPA),
respectively. Table 5 explains the derivation of the hourly cost of
in-house labor for sources, and Table 6 gives the derivation of hourly
costs for permitting authorities and EPA. Tables 7, 8, and 9 display the
total burden and costs associated with each of these categories. Table
10 below summarizes the costs for all three types of affected entities
in 2006 dollars.

+-----+--------+-------+---------+---------+-------+---------+-------+
| *   |        |       |         |         |       |         |       |
| *TA |        |       |         |         |       |         |       |
| BLE |        |       |         |         |       |         |       |
| 1   |        |       |         |         |       |         |       |
| 0** |        |       |         |         |       |         |       |
|     |        |       |         |         |       |         |       |
| **  |        |       |         |         |       |         |       |
| BOT |        |       |         |         |       |         |       |
| TOM |        |       |         |         |       |         |       |
| L   |        |       |         |         |       |         |       |
| INE |        |       |         |         |       |         |       |
| BUR |        |       |         |         |       |         |       |
| DEN |        |       |         |         |       |         |       |
| AND |        |       |         |         |       |         |       |
| C   |        |       |         |         |       |         |       |
| OST |        |       |         |         |       |         |       |
| (   |        |       |         |         |       |         |       |
| 200 |        |       |         |         |       |         |       |
| 7-2 |        |       |         |         |       |         |       |
| 010 |        |       |         |         |       |         |       |
| )** |        |       |         |         |       |         |       |
+-----+--------+-------+---------+---------+-------+---------+-------+
|     | **     | **    | **      | **      | **    | **      | **Av  |
|     | Number | Total | Average | Average | Total | Average | erage |
|     | of     | ICR   | Annual  | Annual  | ICR   | Annual  | A     |
|     | Af     | (3-   | Burden  | Burden  | (3-   | Cost    | nnual |
|     | fected | Year) | Per     | Per     | Year) | Per     | Cost  |
|     | Enti   | B     | Respo   | S       | Cost  | Res     | Per   |
|     | ties** | urden | ndent** | ource** | (\$20 | pondent | Sou   |
|     |        | H     |         |         | 06)** | (\$     | rce** |
|     |        | our** |         |         |       | 2006)** |       |
+-----+--------+-------+---------+---------+-------+---------+-------+
| **  | 16,818 | 12,52 | 248     | 248     | \$4   | \$9,529 | \$    |
| Sou |        | 8,206 |         |         | 80,79 |         | 9,529 |
| rce |        |       |         |         | 6,828 |         |       |
| s** |        |       |         |         |       |         |       |
+-----+--------+-------+---------+---------+-------+---------+-------+
| *   | 112    | 3,42  | 10,179  | 68      | \$1   | \$      | \$    |
| *PA |        | 0,209 |         |         | 53,90 | 458,064 | 3,050 |
| s** |        |       |         |         | 9,405 |         |       |
+-----+--------+-------+---------+---------+-------+---------+-------+
| **  | 1      | 8     | 27,789  | 2       | \     | \$1,    | \$74  |
| Fed |        | 3,366 |         |         | $3,75 | 250,490 |       |
| era |        |       |         |         | 1,470 |         |       |
| l** |        |       |         |         |       |         |       |
+-----+--------+-------+---------+---------+-------+---------+-------+
| **T |        | 16,03 | NA      | NA      | \$6   | NA      | NA    |
| ota |        | 1,781 |         |         | 38,45 |         |       |
| l** |        |       |         |         | 7,703 |         |       |
+-----+--------+-------+---------+---------+-------+---------+-------+

Table 10 displays the expected burden and cost for sources, permitting
authorities, and the Federal government for implementation of the title
V Operating Permits Program between April 2007 and March 2010. Of the
16.0 million hours the Agency anticipates it will take to perform all
the functions required by title V, over 3 quarters of the burden applies
to sources. However, the magnitude of the total expected burden can be
misleading, due to the number of permitted sources. For the 16,818
sources included in this analysis, the average expected burden is
relatively small -- just over 6 weeks of a full time employee\'s time.
Likewise, the cost associated with that burden is also small - about
\$9,500.

Permitting authorities incur about 21 percent of the burden in Table 10,
with the total burden spread between a significantly smaller number of
entities than that for sources. On average, the Agency estimates the PA
burden associated with the title V Operating Permits Program will be
about 10,000 hours per year. However, for some permitting authorities
with relatively fewer sources (Connecticut, Wyoming, etc.), this average
burden will exceed their actual burden; and, for permitting authorities
with more than the average number of sources (Louisiana, Texas, etc.),
the average burden will be too low. A better measure of the effect of
title V regulations on permitting authorities would be to divide the
total estimated hours by the number of operating permits. On average,
each PA can expect to spend about 70 hours per year managing and
overseeing each permit in its jurisdiction, at a cost of approximately
\$3,000 per permit. However, this cost cannot be considered an Unfunded
Mandate from the Federal government, because the net cost to permitting
authorities for their management of an operating permits program must,
by law, be passed on to sources in the form of permit fees of sufficient
magnitude to fully offset all permit management costs. Therefore, the
true annual cost to permitting authorities under title V is zero, and
the true annual cost to sources is \$212 million, or approximately
\$12,600 per permit.

The part 70 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 program have changed
since the previous ICR. State and local permitting authorities first
developed their programs and submitted them to EPA for approval. This
activity occurred over several years during which approved programs were
beginning to be implemented by first having sources submit permit
applications. As the later program submissions were being approved, some
agencies were in the early stages of issuing permits. As of the
beginning of this ICR, all programs are approved and essentially all
permit applications have been submitted to the permitting authorities.

With the experience gained through program implementation, EPA and
permitting authorities have a better 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 compare 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.

The approved burden level in the previous ICR was 4.0 million hours per
year for sources, 1.1 million burden hours per year for permitting
authorities, and 28 thousand hours for Federal oversight; for a total of
5.1 million hours. Table 11 compares the burden in the previous ICR with
the burden in this ICR. The change in burden is an increase from the
previous ICR due to changes in levels of program activities that have
occurred as a result of evolution of the program. These changes would be
considered \"adjustments\" and are shown as such on the ROCIS worksheets
for this ICR.

For permitting authorities, there is a slight overall increase in burden
during the 3-year period of this ICR. The burden for program development
and review of initial permit applications for existing sources has ended
because these activities have largely been completed. However, these
reductions are more than offset by activities that will increase, such
as preparation of renewal permits (including responding to objections),
processing of permit revisions, and review of semi-annual monitoring and
annual compliance reports.

**TABLE 11**

**BURDEN CHANGE FROM NOVEMBER 2004 ICR TO CURRENT ICR**

  ----------------- ----------------- ----------------- -----------------
                    **Average Annual  **Average Annual  **Difference**
                    Burden in         Burden in ICR     
                    November 2004     Renewal**         
                    ICR**                               

  **Sources**       3,978,858         4,176,069         197,211

  **PAs**           1,130,690         1,140,070         9,380

  **Federal**       28,294            27,789            \(505\)

  **TOTAL**         5,137,842         5,343,928         206,086
  ----------------- ----------------- ----------------- -----------------

The primary reason hourly burden has increased for sources during this
ICR period is because, as initial permits are approaching expiration,
sources will be preparing applications for renewal permits. In addition,
in this analysis, we are using a lower, more accurate estimate of the
number of general versus single-source permits (16% as compared to 20%
assumed for past ICRs). In addition, an increase in the overall number
of sources with permits results in a corresponding increase in
monitoring activities, in permit revisions, and in preparing and
submitting semi-annual monitoring reports and the annual compliance
certification report.

As previously noted, it is impractical to attempt to delineate burden by
respondent and activity 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. Following in Table 12 is the
apportioned burden for each type of respondent. This is derived from the
total permitting authority hourly burden divided by the number of
permitting authorities, and similarly for sources.

**TABLE 12**

**BURDEN STATEMENT**

  -------------- --------------- -------------- -------------- --------------
                 **Number of     **Total Annual **Average      **Average
                 Respondents**   Burden**       Annual Burden  Annual Burden
                                                per            per Source**
                                                Respondent**   

  **Source**     16,818          4,176,069      248            248

  **PAs**        112             1,140,070      10,179         68

  **Federal**    1               27,789         27,789         2
  -------------- --------------- -------------- -------------- --------------

Send 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 through the use of automated collection
techniques to:

Director, Collection Strategies Division Office Of Environmental
Information 2822 Environmental Protection Agency 1200 Pennsylvania Ave.
NW Washington, DC 20460

and to:

The Office of Information and Regulatory Affairs Office of Management
and Budget 725 17th Street, NW Washington, DC 20503

Attention: Desk Officer for EPA.

Include the EPA ICR number and OMB control number in any correspondence.

**[ATTACHMENT 1]{.underline}**

**[ASSUMPTIONS FOR PART 70 ICR RENEWAL]{.underline}**

**[ASSUMPTIONS]{.underline}**

**[TIME PERIOD OF ICR]{.underline}**

The time period covered by this ICR is April 1, 2007 to March 31, 2010

**[SOURCE POPULATION]{.underline}**

1.  Total population of title V sources as of September 2006 = 16,643

    o An additional 25 sources will be added to the program by April
    2007.

    o Source populations at the beginning of ICR will be 16,643 + 25 =
    16,668

    o This ICR projects that 50 additional sources will become subject
    to title V each year increasing the population as follows:

2.  Source population by March 2008 = 16,668 + 50 = 16,718

3.  Source population by March 2009 = 16,718 + 50 = 16,768

4.  Source population by March 2010 = 16,768 + 50 = 16,818

    **[INITIAL PERMIT ISSUANCE BACKLOG]{.underline}**

5.  The total backlog of existing sources that had not received their
    initial permits was 202 sources as of September 2006 (16,643 minus
    16,441 permits issued).

6.  Assume that all backlogged initial permits will be issued between
    September 2006 and March 2010 -- at a constant rate.

    o Between September 2006 and April 2007 (when this ICR begins), an
    estimated 29 backlogged initial permits will be issued.

    o Thus, over the period of this ICR, 173 backlogged permits will
    remain to be issued.

    o Assume that 58 backlogged permits will be issued during the first
    year of the ICR, 58 in the second year, and 57 in the third year.

    **[GENERAL PERMITS]{.underline}**

7.  Assume by April 2007, 16% of all sources (2,667) will be covered by
    general permits. This is because general permits are usually the
    first to be issued and, therefore, it is appropriate to assume that
    all existing sources eligible for general permits would be covered
    by the beginning of the ICR period.

8.  Assume that none of the backlogged permits or permits for newly
    subject sources issued during the period of this ICR will be general
    permits.

9.  Assume 16% of all expired permits (11,668) will be renewed as
    general permits (1,867)

    **[NEW SOURCES]{.underline}**

    EPA estimates there will be approximately 50 new major sources
    nationwide applying for a title V permit each year during the term
    of this ICR (150 total for the 3 years of this ICR). For this ICR,
    it is assumed these permits will be issued equally during the three
    years of this ICR (i.e., 50 permits per year).

    **[SINGLE-SOURCE, INITIAL PERMITS ISSUANCE RATE ACCOUNTING FOR
    GENERAL PERMITS AND NEW SOURCES]{.underline}**

10. Single-source permits (i.e., not general permits) which will be
    subject to the full permit issuance process

    o 173 existing (i.e., backlogged) sources will be issued
    single-source permits during the period of the ICR (58 in year 1, 58
    in year 2, and 57 in year 3)

    o 150 single-source permits issued to new sources in years 1, 2, & 3
    of the ICR (50 per year)

11. Summary of single-source initial permit issuance by year

    o Year 1 - 108 permits

    o Year 2 - 108 permits

    o Year 3 - 107 permits

    **[PERMIT REVISION RATES]{.underline}**

12. Sources covered by general permits will not apply for permit
    revisions

13. 16,441 sources were covered by permits as of September 2006

14. An additional 54 sources will be issued permits between September
    2006 and April 2007

15. 2,667 sources or 16% of the source population will be covered under
    general permits by April 2007 (i.e., all backlogged existing sources
    will need single-source permits)

16. Number of single-source permits issued by the beginning of this ICR
    (i.e., April 2007) for which permit revisions may be made during
    year 1 of this ICR:

    o 16,495 permits were issued by April 2007

    o 2,667 sources are covered by general permits by April 2007

    o 16,495 -- 2,667 = 13,828 single-source permits issued by April
    2007

17. Single-source permits issued as of beginning of year 2 (i.e., by
    March 2008) of this ICR (for which permit revision may be made
    during year 2) is 108 issued during year 1 plus the 13,828 already
    issued = 13,936 single-source permits

18. Single-source permits issued as of beginning of year 3 (i.e., by
    March 2009) of this ICR (for which permit revision may be made
    during year 3) is 108 issued during year 2 plus the 13,936 already
    issued = 14,044 single-source permits

19. Summary:

    o Permits for which revisions may be made during year 1 -- 13,828

    o Permits for which revisions will be made during year 2 -- 13,936

    o Permits for which revisions will be made during year 3 - 14,044

    **[PERMIT RENEWAL]{.underline}**

20. Data indicate that there was a permit renewal backlog of 8,552
    permits as of September 2006.

21. Assume that these backlogged renewals will be issued during the
    period of this ICR (2,851 in year 1, 2,851 in year 2, and 2,850 in
    year 3).

22. An additional 1,563 permits will become due for renewal during year
    1 of this ICR. Thus, a total of 4,414 permits will be renewed during
    the first ICR year (1,563 newly due plus 2,581 backlogged renewals).
    Assume 16% or 706 (0.16 \* 4,414) sources covered by general
    permits, leaving 3,708 single-source permit renewals during year 1
    of this ICR.

23. An additional 859 sources will be newly up for renewal between March
    2008 and March 2009. With 2,851 backlogged sources, there will be a
    total of 3,710 renewals in year 2. Assume 16% or 594 are sources
    covered by general permits, leaving 3,116 single-source permit
    renewals during year 2 of this ICR.

24. An additional 694 sources will be newly up for renewal between March
    2009 and March 2010. With 2,850 backlogged sources, there will be a
    total of 3,544 renewals in year 3. Assume 16% or 567 are sources
    covered by general permits, leaving 2,977 single-source permit
    renewals during year 3 of this ICR.

25. Summary:

    o 4,414 + 3,710 + 3,544 = 11,668 total sources covered by renewal
    permits of which 0.16\*11,668 = 1,867 are general permits

    o 11,668 - 1,867 = 9,801 single-source permits which will have to be
    renewed during this ICR period (3,708 in year 1, 3,116 in year 2,
    and 2,977 in year 3)

    **[SOURCES REPORTING MONITORING AND COMPLIANCE STATUS]{.underline}**

    All sources with issued permits (including those covered by general
    permits) will report monitoring data semi-annually and compliance
    certifications annually. Sources with issued permits are as follows:

26. 16,495 sources will be covered by issued permits at the beginning of
    this ICR and will be submitting reports during year 1 of this ICR.

27. 108 additional sources will be covered by permits issued in year 1.
    108 + 16,495 sources already covered by permits = 16,603 sources
    that will be covered by permits by the beginning of year 2 and will
    be submitting reports during year 2.

28. 108 additional sources will be covered by permits issued in year 2.
    108 + 16,603 sources already covered by permits = 16,711sources that
    will be covered by permits by the beginning of year 3 and will be
    submitting reports during year 3.

    **[SYNTHETIC MINOR PERMITS]{.underline}**

    All synthetic minor permits had been issued prior to April 2007 so
    no burden is included during the term of this ICR.

    **[PERMIT APPLICATIONS]{.underline}**

    During the period of this ICR, it is assumed 150 new sources will
    submit applications for initial title V permits.

    **[SUMMARY OF TABLE OF ASSUMPTIONS]{.underline}**

+-----------------------+--------------------+------------------------+
| **ITEM**              | **NUMBER**         | **COMMENTS**           |
+=======================+====================+========================+
| Number of sources     | 16,668             | At the beginning of    |
| subject to part 70    |                    | this ICR (April 2007)  |
+-----------------------+--------------------+------------------------+
| Number of sources     | 16,495 (13,828     | 2,667 sources covered  |
| already issued        | single-source)     | by general permits     |
| permits at the        |                    |                        |
| beginning of this ICR |                    |                        |
+-----------------------+--------------------+------------------------+
| Number of backlogged  | 173                | Single-source permits  |
| permits for existing  |                    | to be issued for all;  |
| sources               |                    | 1/3 per year           |
+-----------------------+--------------------+------------------------+
| Number of sources     | 150                | 50 each year           |
| which will become     |                    |                        |
| subject to part 70    |                    |                        |
| during this ICR       |                    |                        |
+-----------------------+--------------------+------------------------+
| Sources issued        | 108 (all           | Single-source permits  |
| permits in year 1 of  | single-source)     | for 58 existing        |
| this ICR              |                    | sources and 50 new     |
|                       |                    | sources                |
+-----------------------+--------------------+------------------------+
| Sources issued        | 108 (all           | Single-source permits  |
| permits in year 2 of  | single-source)     | for 58 existing        |
| this ICR              |                    | sources and 50 new     |
|                       |                    | sources                |
+-----------------------+--------------------+------------------------+
| Sources issued        | 107 (all           | Single-source permits  |
| permits in year 3 of  | single-source)     | for 57 existing        |
| this ICR              |                    | sources and 50 new     |
|                       |                    | sources                |
+-----------------------+--------------------+------------------------+
| Total issued permits  | 323 (all           | 108 single-source      |
| during this ICR       | single-source)     | permits in year 1, 108 |
|                       |                    | single-source permits  |
|                       |                    | in year 2, 107         |
|                       |                    | single-source permits  |
|                       |                    | in year 3              |
+-----------------------+--------------------+------------------------+
| Total issued permits  | N/A                | All are single-source  |
| ICR Years:            |                    | permits                |
+-----------------------+--------------------+------------------------+
| o Year 1              | 13,828             | Single-source permits  |
|                       |                    | issued at beginning of |
|                       |                    | ICR                    |
+-----------------------+--------------------+------------------------+
| o Year 2              | 13,936             | 13,828 already issued  |
|                       |                    | plus 108 single-source |
|                       |                    | permits issued in year |
|                       |                    | 1                      |
+-----------------------+--------------------+------------------------+
| o Year 3              | 14,044             | 13,936 already issued  |
|                       |                    | plus                   |
|                       |                    |                        |
|                       |                    | 108 single-source      |
|                       |                    | permits issued in year |
|                       |                    | 2                      |
+-----------------------+--------------------+------------------------+
| Permits subject to    | N/A                | 11,668 total including |
| renewal:              |                    | 8,552 sources in       |
|                       |                    | backlog                |
+-----------------------+--------------------+------------------------+
| o Year 1              | 4,414              | 3,708 single & 706     |
|                       |                    | general                |
+-----------------------+--------------------+------------------------+
| o Year 2              | 3,710              | 3,116 single & 594     |
|                       |                    | general                |
+-----------------------+--------------------+------------------------+
| o Year 3              | 3,544              | 2,977 single & 567     |
|                       |                    | general                |
+-----------------------+--------------------+------------------------+
| Applications for      | 150                | 150 new sources        |
| initial permits       |                    |                        |
| submitted during this |                    |                        |
| ICR                   |                    |                        |
+-----------------------+--------------------+------------------------+
| Sources submitting    | N/A                | From all sources,      |
| semi-annual           |                    | including those        |
| monitoring and annual |                    | covered under general  |
| compliance            |                    | permits                |
| certification reports |                    |                        |
+-----------------------+--------------------+------------------------+
| o Year 1              | 16,495             |                        |
+-----------------------+--------------------+------------------------+
| o Year 2              | 16,603             |                        |
+-----------------------+--------------------+------------------------+
| o Year 3              | 16,711             |                        |
+-----------------------+--------------------+------------------------+
| General Permits       | 1,867              | 16% of all (11,688)    |
| Subject to Renewal    |                    | general permits        |
+-----------------------+--------------------+------------------------+

**[ATTACHMENT 2]{.underline}**

**[WORKSHEETS FOR BURDEN ESTIMATES]{.underline}**

**[WORKSHEETS]{.underline}**

The EPA contacted respondents from the regulated community and EPA
Regional Offices to obtain information to be used as the basis for
calculating burden hour estimates for implementing the part 70
regulations. The respondents are listed in section 3.3. Tables 1, 2, and
3 below are the worksheets used for calculating burden estimates.

**[TABLE 1]{.underline}**

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

+------------------------+----------------+------------+---------------+
| **ACTIVITY**           | **BURDEN PER   | **CO       | **TOTAL       |
|                        | INDIVIDUAL     | MMENTS\*** | PROGRAM       |
|                        | PERMIT OR      |            | BURDEN FOR 3  |
|                        | PROGRAM**      |            | YEARS**       |
+========================+================+============+===============+
| Program                | 3,500 hrs. per | 112        | 392,000 hrs.  |
| administration:        | agency         | agencies   | per year      |
| Responding to          |                |            | 1,176,000 for |
| inquiries about the    |                |            | 3 years of    |
| program, developing    |                |            | ICR           |
| internal and external  |                |            |               |
| program guidance,      |                |            |               |
| planning, attending    |                |            |               |
| program training,      |                |            |               |
| permit fee collection, |                |            |               |
| providing source       |                |            |               |
| training, attending    |                |            |               |
| EPA meetings and       |                |            |               |
| conferences, providing |                |            |               |
| public education, and  |                |            |               |
| other program related  |                |            |               |
| activities.            |                |            |               |
+------------------------+----------------+------------+---------------+
| Reviewing a permit     | 100            | Assume 150 | 15,000 for 3  |
| application, including | hrs./permit    | new        | years of ICR  |
| discussions with a     |                | sources    |               |
| source concerning the  |                | will       |               |
| permit application.    |                | submit     |               |
|                        |                | permit     |               |
|                        |                | ap         |               |
|                        |                | plications |               |
|                        |                | nationwide |               |
+------------------------+----------------+------------+---------------+
| Preparing a draft      | 150            | 323        | 48,450 for 3  |
| permit, including      | hrs./permit    | permits    | years of ICR  |
| contact with the       |                | issued     |               |
| source.                |                | during     |               |
|                        |                | 3-year ICR |               |
|                        |                | time       |               |
|                        |                | period     |               |
+------------------------+----------------+------------+---------------+
| Providing notice to    | 10 hrs./permit | 323 draft  | 3,230 for 3   |
| the public, EPA, and   |                | permits    | years of ICR  |
| affected States of the |                | during ICR |               |
| comment period on a    |                | time       |               |
| draft permit.          |                | period     |               |
+------------------------+----------------+------------+---------------+
| Holding a public       | 100            | Assume a   | 600 for 3     |
| hearing on a permit.   | hrs./hearing   | hearing    | years of ICR  |
|                        |                | for 1 in   |               |
|                        |                | 50 of the  |               |
|                        |                | 323 new    |               |
|                        |                | sin        |               |
|                        |                | gle-source |               |
|                        |                | permits    |               |
|                        |                | (i.e., 6   |               |
|                        |                | hearings)  |               |
+------------------------+----------------+------------+---------------+
| Interaction with EPA   | 20 hrs./permit | 323        | 6,460 for 3   |
| on a proposed permit,  |                | proposed   | years of ICR  |
| including              |                | permits    |               |
| negotiations,          |                | during ICR |               |
| re-drafting, and       |                | time       |               |
| formal EPA objections  |                | period     |               |
| (including those       |                |            |               |
| attributable to public |                |            |               |
| petitions).            |                |            |               |
+------------------------+----------------+------------+---------------+
| Analyzing public       | 40 hrs./permit | Assume     | 240 for 3     |
| comments and revising  |                | comments   | years of ICR  |
| the permit accordingly |                | on 1 in 50 |               |
|                        |                | permits    |               |
|                        |                | (i.e., 6   |               |
|                        |                | permits)   |               |
+------------------------+----------------+------------+---------------+
| Issuing the permit,    | 8 hrs./permit  | 323 new    | 2,584 for 3   |
| including web          |                | permits    | years of ICR  |
| activities and source  |                | issued     |               |
| notification.          |                | during ICR |               |
|                        |                | time       |               |
|                        |                | period     |               |
+------------------------+----------------+------------+---------------+
| Administering general  | 80 hrs. per    | 112        | 8,960 hrs.    |
| permits (Burden for    | agency per     | agencies   | per year      |
| issuing general        | year           |            | 26,880 for 3  |
| permits included with  |                |            | years of ICR  |
| other permit issuance  |                |            |               |
| burden)                |                |            |               |
+------------------------+----------------+------------+---------------+
| Revising a permit.     | N/A            | Number of  | N/A           |
|                        |                | issued     |               |
|                        |                | sin        |               |
|                        |                | gle-source |               |
|                        |                | permits:   |               |
|                        |                |            |               |
|                        |                | year 1 --  |               |
|                        |                | 13,828;    |               |
|                        |                | year 2 -   |               |
|                        |                | 13,936;    |               |
|                        |                | year 3 -   |               |
|                        |                | 14,044     |               |
+------------------------+----------------+------------+---------------+
| • Significant (1 out   | 60 hrs. each   | S          | Hours:        |
| of every 10 issued     |                | ignificant | 82,980 - yr 1 |
| permits per year)      |                | permit     | 83,640 - yr 2 |
|                        |                | modi       | 84,240 - yr 3 |
|                        |                | fications: | 250,860 for 3 |
|                        |                | 1,383 - yr | years of ICR  |
|                        |                | 1; 1,394 - |               |
|                        |                | yr 2;      |               |
|                        |                | 1,404 - yr |               |
|                        |                | 3          |               |
+------------------------+----------------+------------+---------------+
| • Minor (1 out of      | 20 hrs. each   | Minor      | Hours:        |
| every 2 issued permits |                | permit     | 138,280 - yr  |
| per year)              |                | modi       | 1, 139,360 -  |
|                        |                | fications: | yr 2,         |
|                        |                | 6,914 - yr | 140,440 - yr  |
|                        |                | 1; 6,968 - | 3, 418,080    |
|                        |                | yr 2;      | for 3 years   |
|                        |                | 7,022 - yr | of ICR        |
|                        |                | 3          |               |
+------------------------+----------------+------------+---------------+
| • Administrative (1    | 5 hrs. each    | Admi       | Hours:        |
| out of every 2 issued  |                | nistrative | 34,570 - yr   |
| permits per year)      |                | a          | 1, 34,840 -   |
|                        |                | mendments: | yr 2,         |
|                        |                | 6,914 - yr | 35,110 - yr   |
|                        |                | 1; 6,968 - | 3, 104,520    |
|                        |                | yr 2;      | for 3 years   |
|                        |                | 7,022 - yr | of ICR        |
|                        |                | 3          |               |
+------------------------+----------------+------------+---------------+
| Renewing a             | 60 hrs./permit | 9,801      | 588,060 for 3 |
| single-source permit   | renewal        | renewals   | years of ICR  |
| (reviewing             |                | during ICR |               |
| application, drafting  |                | term       |               |
| any changes, public    |                |            |               |
| notice, issuance).     |                |            |               |
+------------------------+----------------+------------+---------------+
| Renewing a general     | 10             | 1,867      | 18,670 for 3  |
| permit                 | hrs./general   | general    | years of ICR  |
|                        | permit renewal | permit     |               |
|                        |                | renewals   |               |
+------------------------+----------------+------------+---------------+
| Reviewing two          | 15 hrs./permit | All        | Hours:        |
| semiannual monitoring  | (5 hrs. each)  | permits:   | 247,425 - yr. |
| reports, and the       |                |            | 1, 249,045 -  |
| annual compliance      |                | year 1 -   | yr. 2,        |
| certification.         |                | 16,495;    | 250,665 - yr. |
|                        |                | year 2 -   | 3, 747,135    |
|                        |                | 16,603;    | for 3 years   |
|                        |                | year 3 --  | of ICR        |
|                        |                | 16,711     |               |
+------------------------+----------------+------------+---------------+
| Preparing and          | 40 hrs./agency | 112        | 4,480 hrs.    |
| submitting to EPA      |                | agencies   | per year,     |
| annually a report of   |                |            | 13,440 for 3  |
| the State's            |                |            | years of ICR  |
| enforcement            |                |            |               |
| activities.            |                |            |               |
+------------------------+----------------+------------+---------------+

\*See the Assumptions in Attachment 1 for the derivation of some of
these numbers.

TOTAL BURDEN HOURS FOR PERMITTING AUTHORITIES:

3,420,209 hours for 3 years/3 = 1,140,070 hours per year

**[TABLE 2]{.underline}**

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

+-------------------+---------------+---------------+-----------------+
| **ACTIVITY**      | **BURDEN PER  | *             | **TOTAL PROGRAM |
|                   | SOURCE**      | *COMMENTS\*** | BURDEN FOR 3    |
|                   |               |               | YEARS**         |
+===================+===============+===============+=================+
| Preparing a       | 300 hrs.      | Assume 150    | 45,000 for 3    |
| permit            |               | permit        | years of ICR    |
| application,      |               | applications  |                 |
| including         |               | during 3      |                 |
| internal          |               | years of ICR  |                 |
| meetings,         |               |               |                 |
| permitting        |               |               |                 |
| authority         |               |               |                 |
| discussions,      |               |               |                 |
| management and    |               |               |                 |
| legal department  |               |               |                 |
| management and    |               |               |                 |
| legal department  |               |               |                 |
| certification,    |               |               |                 |
| contractor        |               |               |                 |
| services.         |               |               |                 |
+-------------------+---------------+---------------+-----------------+
| Interaction with  | 40 hrs.       | Assume 323    | 12,920 for 3    |
| the permitting    |               | new           | years of ICR    |
| authority on      |               | single-source |                 |
| draft permit      |               | permits       |                 |
| development.      |               | issued during |                 |
|                   |               | 3 years of    |                 |
|                   |               | ICR           |                 |
+-------------------+---------------+---------------+-----------------+
| Development of    | 40 hrs. per   | Assume        | 6,480 for 3     |
| periodic          | source        | gap-filling   | years of ICR    |
| monitoring        |               | for 50% of    |                 |
| gap-filling.      |               | 323           |                 |
|                   |               | single-source |                 |
|                   |               | permits       |                 |
|                   |               | issued during |                 |
|                   |               | 3 years of    |                 |
|                   |               | ICR (i.e.,    |                 |
|                   |               | 162)          |                 |
+-------------------+---------------+---------------+-----------------+
| Public hearing    | 10 hrs. (1 in | 323           | 60 for 3 years  |
| participation     | 50            | single-source | of ICR          |
|                   | single-source | permits       |                 |
|                   | permits get   | during ICR    |                 |
|                   | hearing)      | period, 1 in  |                 |
|                   |               | 50 = 6        |                 |
|                   |               | sources       |                 |
+-------------------+---------------+---------------+-----------------+
| Operation of      | 200 hrs. per  | Assume        | Hours:          |
| gap-filling       | year          | gap-filling   | 1,649,600 - yr. |
| periodic          |               | for 50% of    | 1, 1,660,400 -  |
| monitoring        |               | all permits:  | yr. 2,          |
| (annual burden to |               |               | 1,671,200 - yr  |
| operate monitors, |               | 8,248 - yr. 1 | 3, 4,981,200    |
| keep records,     |               |               | for 3 years of  |
| etc.).            |               | 8,302 - yr. 2 | ICR             |
|                   |               |               |                 |
|                   |               | 8,356 - yr. 3 |                 |
+-------------------+---------------+---------------+-----------------+
| Preparing         | 80 hrs. per   | All issued    | Hours:          |
| semi-annual       | year          | permits:      | 1,319.600 - yr. |
| monitoring data   |               | 16,495 - yr.  | 1, 1,328,240 -  |
| reports,          |               | 1 16,603 -    | yr. 2,          |
| including data    |               | yr. 2         | 1,336,880 - yr. |
| analysis,         |               | 16,711 - yr.  | 3, 3,984,720    |
| responsible       |               | 3             | for 3 years of  |
| official          |               |               | ICR             |
| certification,    |               |               |                 |
| and report        |               |               |                 |
| submission        |               |               |                 |
| (annual burden    |               |               |                 |
| for both          |               |               |                 |
| reports). Include |               |               |                 |
| preparing and     |               |               |                 |
| submitting annual |               |               |                 |
| compliance        |               |               |                 |
| certification.    |               |               |                 |
+-------------------+---------------+---------------+-----------------+
| Preparing         |               |               |                 |
| application for   |               |               |                 |
| permit revisions  |               |               |                 |
+-------------------+---------------+---------------+-----------------+
| • Significant     | 80 hrs. each  | Significant   | Hours:          |
| permit            |               | permit        | 110,640 - yr.   |
| modifications (1  |               | revisions:    | 1, 111,520 -    |
| out of every 10   |               |               | yr. 2,          |
| single-source     |               | 1,383 - yr 1  | 112,320 - yr.   |
| permits per year) |               |               | 3, 334,480 for  |
|                   |               | 1,394 - yr 2  | 3 years of ICR  |
|                   |               |               |                 |
|                   |               | 1,404 - yr 3  |                 |
+-------------------+---------------+---------------+-----------------+
| • Minor permit    | 40 hrs. each  | Minor permit  | Hours:          |
| modifications (1  |               | m             | 276,560 - yr.   |
| out of every 2    |               | odifications: | 1, 278,720 -    |
| single-source     |               | 6,914 - yr. 1 | yr. 2,          |
| permits per year) |               |               | 280,880 - yr.   |
|                   |               | 6,968 - yr. 2 | 3, 836,160 for  |
|                   |               |               | 3 years of ICR  |
|                   |               | 7,022 - yr. 3 |                 |
+-------------------+---------------+---------------+-----------------+
| • Administrative  | 8 hrs. each   | A             | Hours: 55,312 - |
| amendments (1 out |               | dministrative | yr. 1, 55,744 - |
| of every 2        |               | amendments:   | yr. 2, 56,176 - |
| single-source     |               | 6,914 - yr. 1 | yr. 3, 167,232  |
| permits per year) |               |               | for 3 years of  |
|                   |               | 6,968 - yr. 2 | ICR             |
|                   |               |               |                 |
|                   |               | 7,022 - yr. 3 |                 |
+-------------------+---------------+---------------+-----------------+
| Preparing an      | 200 hrs.      | 9,801         | 1,960,200 for 3 |
| application for   |               | renewals      | years of ICR    |
| single-source     |               | during ICR    |                 |
| permit renewal    |               | term          |                 |
+-------------------+---------------+---------------+-----------------+
| Re-applying for   | 2 hrs.        | 1,867 sources | 3,734 for 3     |
| coverage under a  |               |               | years of ICR    |
| general permit    |               |               |                 |
+-------------------+---------------+---------------+-----------------+
| Other activities  | 20 hrs.       | 9,801         | 196,020 for 3   |
| associated with   |               | renewals      | years of ICR    |
| permit renewal,   |               | during ICR    |                 |
| including         |               | term          |                 |
| discussions with  |               |               |                 |
| permitting        |               |               |                 |
| authority and     |               |               |                 |
| public hearing    |               |               |                 |
| participation.    |               |               |                 |
+-------------------+---------------+---------------+-----------------+

\*See the Assumptions in Attachment 1 for the derivation of some of
these numbers.

TOTAL BURDEN HOURS FOR SOURCES:

12,528,206 hours for 3 years/3 = 4,176,069 hours per year

**[PROGRAM TOTAL]{.underline}**

3,420,209 hours (permitting authorities) + 12,528,206 hours (sources) =
15,948,415 total hours for 3 years

15,948,415 total hours/3 = 5,316,138 hours per year for permitting
authorities and sources to implement the part 70 program.

**[TABLE 3]{.underline}**

**[EPA ACTIVITIES]{.underline}**

+-----------------+----------------+-----------------+----------------+
| **ACTIVITY**    | **BURDEN PER   | **COMMENTS**    | **TOTAL        |
|                 | INDIVIDUAL     |                 | PROGRAM BURDEN |
|                 | PERMIT OR      |                 | FOR 3 YEARS**  |
|                 | PROGRAM**      |                 |                |
+=================+================+=================+================+
| Review proposed | N/A            | N/A             | N/A            |
| permits and     |                |                 |                |
| permit          |                |                 |                |
| revisions to    |                |                 |                |
| determine if    |                |                 |                |
| they provide    |                |                 |                |
| for compliance  |                |                 |                |
| with all        |                |                 |                |
| applicable      |                |                 |                |
| requirements.   |                |                 |                |
+-----------------+----------------+-----------------+----------------+
| • New permits   | 20 hrs. per    | Review 25% of   | 1,620 for 3    |
|                 | new permit     | 323 permits     | years of ICR   |
|                 |                | issued during   |                |
|                 |                | ICR term (81    |                |
|                 |                | permits)        |                |
+-----------------+----------------+-----------------+----------------+
| • Significant   | 8 hrs. per     | Review all      | Hours:         |
| permit revision | revision       | Revisions:      | 11,064 - yr.   |
|                 |                |                 | 1, 11,152 -    |
|                 |                | 1,383 - yr. 1   | yr. 2,         |
|                 |                |                 | 11,232 - yr.   |
|                 |                | 1,394 - yr. 2   | 3, 33,448 for  |
|                 |                |                 | 3 years of ICR |
|                 |                | 1,404 - yr. 3   |                |
+-----------------+----------------+-----------------+----------------+
| • Minor permit  | 1 hr. per      | Review all.     | Hours: 6,914 - |
| revision        | revision       | Revisions:      | yr. 1, 6,968 - |
|                 |                |                 | yr. 2, 7,022 - |
|                 |                | 6,914 - yr. 1   | yr. 3, 20,904  |
|                 |                |                 | for 3 years of |
|                 |                | 6,968 - yr. 2   | ICR            |
|                 |                |                 |                |
|                 |                | 7,022 - yr. 3   |                |
+-----------------+----------------+-----------------+----------------+
| Review periodic | N/A            | Burden included | N/A            |
| monitoring      |                | above in review |                |
| provisions of   |                | of permits and  |                |
| proposed        |                | revisions.      |                |
| permits or      |                |                 |                |
| permit          |                |                 |                |
| revisions to    |                |                 |                |
| see if they are |                |                 |                |
| adequate to     |                |                 |                |
| demonstrate     |                |                 |                |
| compliance with |                |                 |                |
| applicable      |                |                 |                |
| requirements.   |                |                 |                |
+-----------------+----------------+-----------------+----------------+
| Consult with    | N/A            | N/A             | N/A            |
| the permitting  |                |                 |                |
| authority on    |                |                 |                |
| any problems    |                |                 |                |
| detected in the |                |                 |                |
| proposed permit |                |                 |                |
| or permit       |                |                 |                |
| revision.       |                |                 |                |
+-----------------+----------------+-----------------+----------------+
| • New permits   | 8 hrs. per new | Consult on 25%. | 648 hours of   |
|                 | permit         | 323 permits     | ICR            |
|                 |                | issued during   |                |
|                 |                | ICR term (81)   |                |
+-----------------+----------------+-----------------+----------------+
| • Significant   | 8 hrs. per     | Consult on 25%. | Hours: 2,768 - |
| permit          | revision       | Sig. mods:      | yr. 1, 2,784 - |
| modifications   |                |                 | yr. 2, 2,808 - |
|                 |                | 1,383 - yr.     | yr. 3, 8,360   |
|                 |                | 1(346) 1,394 -  | for 3 years of |
|                 |                | yr. 2 (348)     | ICR            |
|                 |                | 1,404 - yr. 3   |                |
|                 |                | (351)           |                |
+-----------------+----------------+-----------------+----------------+
| • Minor permit  | 1 hr. per      | Consult on 25%. | Hours: 1,729 - |
| modifications   | revision       | Minor mods:     | yr. 1, 1,742 - |
|                 |                |                 | yr. 2, 1,755 - |
|                 |                | 6,914 - yr.     | yr. 3, 5,226   |
|                 |                | 1(1,729)        | for 3 years of |
|                 |                | 6,968 - yr.     | ICR            |
|                 |                | 2(1,742)        |                |
|                 |                | 7,022 - yr. 3   |                |
|                 |                | (1755)          |                |
+-----------------+----------------+-----------------+----------------+
| Review the      | 10 hrs. per    | 112 agencies    | 3,360 for 3    |
| annual report   | report         |                 | years of ICR   |
| of enforcement  |                |                 |                |
| activities.     |                |                 |                |
+-----------------+----------------+-----------------+----------------+

TOTAL FOR EPA: 83,366 hours for 3 years/3 = 27,789 hours per year

**[ATTACHMENT 3]{.underline}**

**[TITLE V OF THE CLEAN AIR ACT, THE STATUTORY REQUIREMENTS FOR THE
RESPONDENT INFORMATION]{.underline}**

**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 4]{.underline}**

**[ANALYSIS OF PART 70 STATE PROGRAM EVALUATIONS FOR ICR RENEWAL
PURPOSES (1587.07)]{.underline}**

**[Background]{.underline}**

-   Representative sample of State Evaluations selected (below) for
    review.

-   List of State/local agencies reviewed is similar to list of States
    that initially responded to surveys for earlier ICRs.

    -   Previous ICR estimates based on responses from: New Jersey, West
        Virginia, Mississippi, San Joaquin, Illinois, Vermont, Alabama,
        Dayton Ohio, Wisconsin.

    -   Audit analysis based on same list, except for Dayton, Ohio and
        San Joaquin, where audits are not available for review.

    -   State of Ohio was substituted for Dayton, Ohio because Dayton is
        a field office of the Ohio program, not a separate program.

-   State program evaluations not designed primarily for ICR purposes --
    designed for programs oversight purposes instead -- thus, results
    only partially appropriate for ICR purposes.

-   State evaluations reports did not typically address totals burdens
    hours or costs for individual activities, sources or States, nor did
    they address average burden hours or average costs per permit, per
    source, or per permitting authority.

-   Data for ICR renewal also provided by EPA's internal TOPS part 70
    tracking system -- a system where EPA Regional offices provide
    tracking data on a 6-month basis for each approved part 70 program
    (some 3-month data also available for historical purposes).

    -   TOPS data not summarized below, but independently included in
        assumptions included in ICR (i.e., source universe subject to
        permitting, number of initial permits issued, number of renewal
        permits issued, Number of significant modification issued,
        number of general permits (also interpreted as number of sources
        subject to general permitting).

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    ```
    -   Since the last ICR renewal (30 months ago), the Title V
        Taskforce under the Clean Act Advisory Committee has undertaken
        a review of the title V program (this was mentioned briefly in
        the current ICR, section 3,3). This effort resulted in a list of
        recommendations for changes to policy and rulemakings to make
        the programs amore effective, but no data useful for ICR renewal
        purposes was generated.

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```
-   For the record, the previous ICR assumed the following:

    -   General permits are 1/5 of the total.

    -   Public notification occurs for every draft permit.

    -   Public comments cause draft permits to be revised 10% of the
        time.

    -   Public hearings are held for 2% of permits.

    -   Gap-filling monitoring (or recordkeeping which serves the same
        purpose) is required in ½ of permits, including general permits.

    -   Significant permit revisions occur in 1/10 of issued single
        permits (does not include general permits) on an annual basis
        (30% over 3 years)

    -   Minor permit modifications occur in ½ of single permits each
        year (150% of permits over 3 years)

    -   Administrative amendments occurs in ½ of single permits each
        year (150% of permits over 3 years)

    -   Permit renewals occur roughly at the same rate as the initial
        permits expire and that any backlog of renewals is reduced over
        the 3-year period of the ICR.

    -   Compared to initial permits, renewals are about 1/2 the burden
        to apply for, and for States, about 1/5 the burden to process.

    -   100% of compliance reports reviewed by States.

Note that all of these State programs have been effective, with at least
interim approval, which allowed them to begin issuing permits, for over
10 years at present.

**[Results of Evaluations]{.underline}**

-   No major changes to assumptions for ICR renewal supported by this
    review -- information within evaluation reports generally consistent
    with past EPA assumptions.

-   The State evaluations generally lack quantitative data, but they
    provide general support that the assumptions of the ICR are a
    directionally correct assessment of the frequency that certain
    activities occur.

-   One minor change is in the number of sources that are expected to
    get regulatory relief through the use of general permits. The
    evaluations are not convincing on this point but tracking data shows
    that 16% of permits are general permits.

-   Another minor change is in the percentage of public comments that
    lead to changes to the draft permits. The evaluations 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 permitting authorities.

**[State Summaries]{.underline}**

**New Jersey** (410 Permits)

1.  No General permits

2.  "Perform Gap-filling exercise on every permit" (didn't answer
    question directly)

3.  Public comments on less than 2% of draft permits, all changed in
    response

4.  Public hearing requested occasionally, public attendance low

5.  Significant modifications: 1-2% (TOPS shows 46 over life of program)

6.  Minor Modifications: 90% (TOPS only addresses significant
    modifications)

7.  Admin Amendments: 10%

8.  Review 100% of compliance reports

9.  Renewals easier to process because applications focus on changes at
    sources since permit issued. Renewals not a high priority at this
    time

**West Virginia** (171 Permits)

1.  1 general permit (certain units at natural gas compressor
    facilities), 26 sources fully implemented (13% of sources)

2.  "Some sort" of gap-filling recordkeeping or monitoring in "most, if
    not all permits." (Didn't say how many units in these permits had
    such M&R). Experience is causing NSR permits to be written better,
    so that less gap-filing will be necessary in title V permits in
    future

3.  Public comments are "rare," or"0 to 3%," and change due to comments
    occur similarly

4.  No Public hearings have ever been held

5.  191 modifications to date (over life of program)

6.  Significant Modifications: 11% (TOPS shows 0 over life of program)

7.  Minor Modifications: 30.9%

8.  Admin Amendments: 46.1%

9.  Renewals easier to process, but we have only processed a few (Did
    not elaborate further)

10. Review 100% of compliance reports

**Mississippi** (317 Permits)

1.  No general permits. Will consider general permits for MACT area
    sources not exempted from Title V

2.  Said in "some cases" gap-filling has lead to new control devices.
    Also, did not specify how often gap-filling recordkeeping or
    monitoring added other than to say that they did so when the
    underlying standards are inadequate

3.  Has not received many public comments, most on high profile sources
    on Gulf Coast. Also said comments during public comment period are
    "rare"

4.  Did not specify that any public hearings have occurred

5.  384 revisions during life of program

6.  Significant Modifications: 85 out of 384 or 22% (TOPS says 138)

7.  Minor Modifications: 24 out of 384 or 6%

8.  Admin Amendments: 33 out of 384 or 9% also they said 502(B)(10)
    changes were 242 out of 384 or 63% (these are similar in burden to
    admin. amendments because no public process required)

9.  Renewals not easier to-date, but streamlined renewal applications
    coming, so may be easier in future

10. Review 100% of compliance reports

**Alabama** (251 Permits)

1.  No general permits issued

2.  Periodic monitoring added for "most units subject to a regulation
    that do not contain underlying monitoring requirements"

3.  Public comments: Said they have not received many and that most were
    not relevant to title V

4.  Did not state that any hearings had ever been held, only stated that
    they have procedures in place to hold hearings

5.  TOPS says 54 significant revisions to date (no response to these
    questions in audit)

6.  Renewals easier than initial issuance because of staff experience

7.  Review 100% of compliance reports

**Vermont** (20 permits)

1.  No general permits

2.  They said they have added monitoring when necessary, but not how
    often

3.  Public comments very few, perhaps 5% (1 comment)

4.  State has had 1 public hearing

5.  Significant Modifications: 55.3% (TOPS says 6 over life of program)

6.  Minor Modifications: 20%

7.  Admin Amendments: 26.7%

8.  Renewals easier to process, application much better, review focuses
    on changes and CAM

9.  Review 100% of compliance reports

**Wisconsin** (148 Permits)

1.  General permits for non-metallic minerals processing plants, small
    heating units, hospital sterilizers, and printing presses; about 5%
    of sources

2.  They say they have added monitoring but not how often

3.  Public comments on 10% of permits, 5% change due to comment

4.  Did not say how often public hearings held

5.  Significant Modifications: 80% (TOPS says 136 life of program)

6.  Minor Modifications: 5%

7.  Admin Amendments: 15%

8.  Just plainly said easier to renew

9.  Review 100% of compliance reports

**Illinois** (728 Permits)

1.  No general permits

2.  No universal approach as to when gap-filing added. Much
    recordkeeping added but monitoring only typically for utility
    sources; monitoring may be added for other source categories based
    on case-by-case determination

3.  Public comments on 5-7% of draft permits; most result in changes to
    the permit to some extent

4.  Did not specify has often public hearings have occurred. EPA notes
    that State's website for public hearing did not contain any public
    hearing records for title V permits within the last 6 months

5.  Significant Modifications: 15% (TOPS says 41)

6.  Minor Modifications: 40%

7.  Admin Amendments: 45%

8.  Renewals easier because most requirements already established in
    permits, requirements do not typically need to change, and renewal
    application much more complete than applications for initial permits

9.  Review 100% of compliance reports

**Ohio** (755 Permits)

1.  No general permits

2.  "Gap-filling as appropriate based on regulations and DAPC
    Engineering Guide #65". Also said "routinely" added to permits

3.  Public comments on less than 5% of draft permits; changes due to
    comments less than 1%

4.  8 public hearings have occurred during life of program

5.  Significant Modifications: 10% (TOPS says 18)

6.  Minor Modifications: 4%

7.  Admin Amendments: 86%

8.  Very much easier because just updating what already done

9.  Review 100% of compliance reports

[^1]: 1United States Environmental Protection Agency, [Information
    Collection Request for Part 70 Federal Operating Permit
    Regulations]{.underline}, November 2004.

[^2]: 2All definitions of "major" in the Act.

[^3]: 3United 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.