INFORMATI ON COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATI NG PERMIT REGULATI ONS , THE PART 71 OPERATI NG PERMIT REGULATI ONS, AND THE PARTS 51 and 52 PREVENTI ON OF SI GNIFICANT DETERI ORATI ON AND NONATTAI

NMENT NEW SOURCE REVIEW REGULATI ONS FOR FLEXIBLE AIR PERMITS

Information C ollection Request Number s : Part 70

– EPA No. 1587. 10 ; OMB No. 2060
- 0243 Part 71

– EPA No. 1713.0 9 ; OMB No. 2060
- 0336 Parts 51 and 52

– EPA No. 1230.26 ; OMB No. 2060
- 0003

Prepared by : Office of Air Quality

Planni ng and Standards U.S. Environmental Protection Agency Research Triangle Park, NC 27711

November 2008i **TABLE OF CONTENTS**
1. Id entification of the Information Collection
................................ ................................ .................... 1 1.1 Title
................................ ................................ ................................ ................................ ........... 1 1.2 Description
................................ ................................ ................................ ................................ . 1 2. Need and Use of the Collection
................................ ................................ ................................ ....... 5 2.1 Need/Authority

for the Collection
................................ ................................ ............................ 5 2.2 Practical Utility

/Users of the Data
................................ ................................ ............................ 6 2.3 Caveats and Considerations
................................ ................................ ................................ ...... 6 3. Non
- duplication, Consultation, and other Collection Criteria
................................ ......................... 8 3.1 Non
- duplication
................................ ................................ ................................ ........................ 8 3.2 Public Notice Requirements
................................ ................................ ................................ ..... 8 3.3 Consultations
................................ ................................ ................................ ............................ 8 3 .4 Effects of Less Frequent Collection
................................ ................................ .......................... 9 3.5 General Guidelines
................................ ................................ ................................ .................... 9 3.6 Confidentiality
................................ ................................ ................................ .......................... 9 3.7 Sensitive Questions
................................ ................................ ................................ ................... 9 4. The Respondents and the Information Requested
................................ ................................ .......... 10 4.1 Respondents
................................ ................................ ................................ ............................ 10 4.2 Information Requested
................................ ................................ ................................ ............ 1 2 4.2.1 Data Items Submitted
................................ ................................ ............................... 12 4.2.2 Activities
................................ ................................ ................................ .................. 1 3 5. The Information Collected
- Collection Methodology and Information Management
................................ ................................ ................................ ........ 1 6 5.1 Collecti on Methodology and Management
................................ ................................ ............ 16 5.2 Small Entity

Flexibility
................................ ................................ ................................ ....... 16 5.3 Collection Schedule
................................ ................................ ................................ ............... 16ii **TABLE OF CONTENTS (continued)** 
**6.** Estimating th e Burden and Cost of the Collection
................................ ................................ ......... 1 8 6.1 Estimating the Number of Respondents
................................ ................................ ................ 18 6.2 Estimating Burden
................................ ................................ ................................ ................. 2 1 6.2.1 Estimating Source Burden
................................ ................................ ..................... 2 1 6.2.2 Estimating Permitting Authority Burden
................................ ............................... 2 7 6.2.3 Estimating EPA Burden
................................ ................................ ......................... 31 6.3 Estimating Costs
................................ ................................ ................................ .................... 3 4 6.3.1 Estimating Source Costs
................................ ................................ ....................... 3 4 6.3.2 Estimating Permitting Authority and Agency Costs
................................ ............. 3 5 6.3.3 Bottom Line Burden Hours and Costs
................................ ................................ ... 42 6.4 Changes in the Burden
................................ ................................ ................................ ........... 42 6.5 Burden Statement
................................ ................................ ................................ ................... 42iii **TABLE OF CONTENTS (continued)**  **Index of Tab les**  Table 1 Industry

Sources Likely

to Seek Comprehensive Flexible Permits
................................ ........... 1 2 Table 2 Data Items Submitted
................................ ................................ ................................ ................. 1 3 Table 3 Activities
................................ ................................ ................................ ................................ .... 1 4 Table 4 Sche dule for Data Items Submitted
................................ ................................ ........................... 1 7 Table 5 Number of Title V Sources Obtaining a Flexible Per mit
................................ .......................... 1 9 Table 6 Source Respondent Burden Hours Under Parts 51/52 NSR Regulations for Tier 1 Permits in

Attainment Areas
................................ ................................ ................................ ....................... 24 Table 7 Source Respondent Burden Hours Under Parts 51/52 NSR Regulations for Tier 1 Permits in

Nonattainment Areas
................................ ................................ ................................ ................. 2 5 Table 8 Source In cremental Burden Hour Reductions by Activity Avoided
................................ .......... 2 6 Table 9 State and L ocal Permitting Authority Respondent Burden Hours Under Parts 51/52 NSR Regulations for Tier 1 Permits in Attainment Areas
................................ ................................ . 2 9 Table 10 State and L ocal Permitting Authority Respondent Burden Hours Under Parts 51/52 NSR Regulations for Tier 1 Permits in Nonattainment Areas
................................ ........................... 30 Table 11 State and L ocal Permitting Authority In cremental Burden Hour Reductions by Activity Avoided
................................ ................................ ................................ ................................ ..... 31 Table 12 Agency

Burden Hours Under Parts 51/52 NSR Regulations for Tier 1 Permits
....................... 3 3 Table 13 Agency

Incremental Burden Hour Reductions by Activity Avoided
................................ ......... 3 4 Table 14 Source Burden and Cost, 3
- Years
................................ ................................ .............................. 3 6 Table 15 Permitting Authori ty Burden and Cost, 3
- Years
................................ ................................ ........ 38 Table 16 Agen cy

Burden and Cost, 3
- Years
................................ ................................ ............................. 40 Table 17 Bottom Line Burden and Co sts (Cost Savings), 3
- Years
................................ ........................... 42 Table 18 Burden Stat ement
................................ ................................ ................................ ....................... 43**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

1 **1 Identification of the Information Collection**  **1.1 Title**  The title of this Information Collection Request (I CR) is “Information Coll ection

Request for Changes to the Part 70 Operating Permit Regulations, the Part 71 Operating Permit Regulations, and the Parts 51 and 52 Prevention of Significant Deterioration and Nonattainment New Source Review Regulations for Flexible Air Permits.” Th is document fulfills the Agency's requirements under the Paperwork Reduction Act (PRA) to determine the regulatory burden associated with the promulgation of new regulations intended to clarify and provide more certainty about how sources and permitting authorities can use flexible air permitting approaches under the title I N ew S ource Review Program and the title V Operating Permit Program to authorize additions of new capacity and different operations of existing equipment. It has been assigned EPA tracking number s 1587.10, 1713.09 , and 1230.2 6 because it affects three existing, approved collections
. Specifically, this I CR modifies the following three approved collections: IC R No. 1587.0 7 (OMB Control No. 2060
- 0243) titled
“ State Operating Permit Regulations (40 CFR part 70) ; ” IC R No. 1713.0 6 (OMB Control No. 2060
- 0336) titled " Federal Operating Permit Regulations (40 CFR part 71) ; ” and I CR No. 1230. 23 (OMB Control No. 2060
- 0003) titled “ Prevention of Significant Deterioration and Nonattainment New Sourc e Review ( 40 CFR Parts 51 and 52 ).” The present I CR calculates the incremental burden and cost of flexible permits as they

relate to the baseline burden and cost estimated across these three IC Rs. **1.2 Description**  Historically, title V of the Clean Air Ac t requires s tates to develop and implement

a program for issuing operating permits to all sources that fall under the Act ’ s 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 permit programs and to oversee their implementation. The EPA regulations setting forth requirements for the s tate operating permit program s were codified at 40 CFR part 70 on July 21, 1992. Inaddition, the Act requires EPA to administer an operating permit program in any

s tate that fails to develop and operate an acceptable program, as well as those areas o utside the jurisdiction of any s tate. The federal operating permit program was codified at 40 CFR part 71 on July 1, 1996. The major New Source Review (NSR) Program regulates emissions increases due to new major sources and modifications at existing major sources in an effort to achieve and maintain the National Ambient Air Quality Standards (NAAQS). Amendments enacted in 1990 to title I of the Cle an Air Act included changes to s tate and federal programs for preconstruction review and permitting of major new and modified sources pursuant to part C “ Preventi on of Significant Deterioration ” (PSD) and part D “ Program Requirements for Nonattainment**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

2 Areas ” (NA NSR). The EPA regulations setting forth requirements for the PSD and NA NSR programs are codified at 40 CFR parts 51 and 52. In December 2002, EPA finali zed the NSR Improvement Rule with regulations for plantwide applicability

limits (PAL s), 67 FR 80186. The Act also requires s tates to implement a minor NSR program to address emissions from new sources and modifications that are too small to be subject to major NSR (i.e., PSD and NA NSR). The EPA regulations for these programs are codified in 40 CFR part 51. In response to our experience in and evaluation of flexible permitting techniques used in the last decade on a pilot permit basis, and comments, dis cussions and recommendations from the public and stakeholders, the EPA is revis ing regulations in the operating permits program to facilitate use of these flexible permitting techniques. This rulemaking make s several changes to the operating permits program by :

 Adding a definition and c larifying the scope of alternative operating scenarios (AOSs), which were already included in the part 70/71 regulations but generally have been interpreted and implemented narrowly ;  Adding a definition for “approved replic able methodology” (ARM) in the part 70/71 regulations to clarify the acceptability

of operating permit terms that allow a source to carry

out calculations for compliance and applicability purposes in a prescribed manner without the need for a permi t revisi ons. The preamble to this rulemaking also discusses advance approval of physical and operational changes under state minor NSR programs. In addition, the preamble discusses the ability

of permitting authority

to authorize changes in an NSR project through the flexibilities available under the existing major NSR regulations. We are not proposing any revisions to the regulations governing such programs. The following activities , which will occur during the period of this I CR , include those activities that EPA estimates represent incremental increases and decreases in burden asso ciated with flexible permitting. Parts 70 and 71

 F lexible permitting sources applying for permit renewal  P ermitting autho rities and EPA renewing permits  N ewly

subject flexible per

mitting sources submitting permit applications  P ermitting authorities and EPA reviewing applications for new permits  F lexible permitting sources working with permitting authorities a nd EPA to prepare draft permits  EPA reviewing new or renewal permits i ssue d by permitting authorities**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

3  P ermitting authorities and EPA collaborating to support sources in the development of their permits  F lexible permitting sources not needing to submit app lications for permit revisions  P ermitting authorities and EPA not needing to process permit revisions Parts 51 and 52

 F lexible permitting sources applying for PSD or NA NSR permits  P ermitting authorities and EPA review ing flexible permitting sources’ applications for PSD and NA NSR permits  Flexible permitting sources applying for minor NSR permits including advance approvals and/or plantwide a pplicability

limitations (PAL s)  Permitting authorities reviewing flexible permitting sources’ applications for minor NSR permits includin g advance approvals and/or PALs  F lexible permitting sources not needing to apply for minor NSR permits  P ermitting authorities not needing to process minor NSR permits  F lexible permitting sources avoiding subsequent PSD and NA NSR permits durin g the permit term  P ermitting authorities and EPA avoiding proce ssing subsequent PSD and NA NSR permits during the permit term 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 titles Iand V and the proper operation of the NSR and operating permits programs. The information will also be available for public inspection at any

time in the offices of the permitting authorities. The Agency

anticipates total direct cost savings to subject sources attributable to the changes to the part 70 permit program for flexible air permits for the 3 years of the I CR to be approximately $ 7.3 million. This represents the direct administrative cost savings for an estimated 2,516 sources of approximately $ 2 , 9 0 0 per s ource or 7 7 hours per source during the period of this I CR. The Agency estimates the cost savings of the changes to the part 70 permit program for flexible air permits for the 3 years of the I CR to permitting authorities to be approximately $ 7 million, or $ 2,8 0 0 in cost savings due to 62 fewer burden hours per source (or $ 62,4 00 cost savings attributable to 1,387 hours saved per permitting authority

). The Agency

estimates costs to the Federal Government due to the changes to the part 70 permit program for the 3 years of the I CR of approximately $6 15 , 6 00 , or $2 45 attributable to approximately 5 hours more worked per source.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

4 The Agency

anticipates total direct cost savings to subject sources attributable to the changes to the part 71 permit program for flex ible air permits for the 3 years of the I CR to be approximately $ 51, 2 00 . These represent the direct administrative cost savings for an estimated 18 sources, or approximately $ 2,8 0 0 per source during the period of this I CR or 76 hours saved per source. Un der the part 71 program, EPA is the only permitting authority . In this function, the Agency estimates the f

ederal cost savings of the changes to the part 71 permit program for flexible air permits for the 3 years of the I CR to be approximately $ 49 , 3 00 , or $ 2 , 7 0 0 in cost savings due to 61 fewer burden hours per source (or $ 49 , 3 00 cost savings attributable to 1 , 095 hours saved by the single f

ederal permitting authority ). The Agency

anticipates total direct cost savings to subject sources attributable to th e changes to the parts 51 and 52 PSD/NSR program for flexible air permits for the 3 years of the I CR to be approximately $ 54
. 4 million. These represent the direct administrative costs for the estimated 840 sources, or approximately $ 64 , 70 0 in cost savings per source during the period of this I CR, or 66 3 fewer burden hours per source. The Agency estimates the cost savings of the changes to the parts 51 and 52 PSD/NSR program for flexible air permits for the 3 years of the I CR to permitting authorities to b e approximately $ 33.7 million , or $ 40,1 0 0 in cost savings attributable to 520 fewer burden hours per source ( or $ 301 , 1 0 0 attributable to 3 , 89 9 fewer hours worked per permitting authority ). The Agency estimates f

ederal costs for changes to the parts 50 and 51 PSD/NSR program for the 3 years of the I CR will be approximately $ 93 , 3 0 0 to review minor and major NSR permits duri ng the term of this I CR, or $ 111 in costs attributable to about 3 more burden hours per source (or $ 93 , 3 0 0 attributable to 2, 1 61 more hours worked by

the Agency, which is the lone f ederal entity

).**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

5 **2 Need and Use of the Collection**  **2.1 Need/Authority**  Inimplementing title V of the Act and EPA ’ s part 70 operating permits **for the** regulations, s tate and local permitting authorities must develop programs **Collection** 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 one ye ar 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 least every 5 ye ars (section 502(b)(5)). Permit applications and proposed permits will be provided to, and are subjec t 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)). Sources seeking flexible air permits are subject to the same requirements. This ICR will address only the incremental burden and cost associated with flexible permits. Section 110 of the CAA requires all s tates to submit an implementation plan which contains a preconstruction review program for all new or modified stationary

sources, including any

provisions necessary

for this program to meet the specific requirements of p arts C and D of title I of the CAA related to construction of major sources and modifications . Part C, also known as the PSD rules, outlines specific construction requirements for new and modified sources constructing in attainment areas; and p art D, also known as NA NSR rules, provides requirements for sources constructing in nonattainment areas. The PSD rules require a demonstration of best available technology (BACT) and that the NAAQS and increments will not be exceeded, and the protection of federal Class I areas from adverse impacts. The NSR rules require a demonstration of lowest achievable emission rate (LAER), a certification that all major sources owned by

the same entity

are in compliance, and compliance with specific statutory

offset ratios. The requirements of the CAA for minor NSR programs require much less prescriptive, requiring only that s tates assure that new minor sources and minor modifications do not cause or contribute to violation of the NAAQS. This I CR will address the incremental burden an d cost associated with flexible permit sources that seek a minor NSR, NA NSR , or PSD permit and also avoid future minor NSR, NA NSR , and PSD permit processing.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

6 **2.2 Practical**  The burden estimates included in this I CR include the total incremental **Ut ility/Users of**  burden of implementing the parts 70 and 71 operating permits program s **the Data** and parts 51/52 N SR program for flexible air permits. For the 3
- ye ar

period covered by

this I CR, all s tate part 70 operating permit programs (including those portions of s tates for which an operating permits program is being implemented by

a local agency

) have been submitted to EPA and have been granted full approval. The EPA part 71 program covers Indian country sources , source s on the O uter C ontinental S helf , and Deep Water Port sources . All s tate and local agencies have approved minor NSR and NA NSR programs, but several s tates have not developed PSD programs; these s tates have been delegated authority to implement the federal PSD program of part 52 (referred to as “delegated s tates”) . The EPA implements the part 52 PSD program in Indian country
. Inthe final rulemaking we are making no changes to the NA NSR or PSD rules. We believe that no s tate and local agencies will need to revise their title I NA NSR or PSD programs to begin issuing permits for major NSR project s as discussed in the final preamble, to the extent that they wish to do so. Based on our experience with flexible permit pilots, w e anticipate that all permitting authorities will be ab le to issue flexible part 70 permits under their existing title V operating permits program without revision. (None of the permitting authorities taking part in the pilot permitting projects were precluded from issuing flexible permits by their part 70 programs.) For major sources to be constructed or modified in attainment or nonattainment areas, the owner or operator of a facility must submit a PSD or NA NSR application to the permitting authority . Once the application is complete, the permitting autho rity makes a preliminary

determination regarding the approvability of the permit application and makes this determination, along with the application and supporting information, available to the public for at least 30 days. The public then has an opportun ity

to comment on the provisions of the flexible permit, after which the permitting authority will respond to public comments and take action on the final permit. **2.3 Caveats and**  The information included in this I CR is based upon the best data so urces **Considerations** available to the Agency at this time. However, incomplete information regarding how many

sources may

seek, and be eligible for, flexible permits, and sampling limitations imposed upon the Agency by the Paperwork Reduction Act necessi tated a certain amount of extrapolation and “best
- guess ” estimations by Agency experts. Consequently, the reader**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

7 should not consider the conclusions to be an exact representation of the level of burden or cost that will occur during the 3 ye ars of this I C R. In stead, this I CR should be considered a directionally correct assessment of the impact the flexible air permitting approach of the operating permit program will have over the next 3 ye ars. Throughout this I CR, the reader will observe estimated values that show accuracy to the single hour or dollar. Because this ICR estimates the expected impact of the flexible air permitting approach es o n the operating permit and NSR programs, reporting values at the single unit value may be misleading. In most s ituations, 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. To avoid the loss of information through rounding, however, this I CR reports all values at the single unit level and reminds the reader that there is no implied precision inherent in this style of reporting of the impact the flexible air permitting approach of the operating permit and NSR programs will have over the next 3 ye ars. Finally, readers should note that many of the increa ses in burden under the rulemaking will occur in the first 3 ye ars of implementation, which are covered by

this I CR, while many

of the decreases in burden will continue beyond the period co vered by this I CR. Consequently, this I CR does not present the full net burden reduction that is expected to be achieved by this rulemaking.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

8 **3 Non**  **- Duplication, Consultation, and Other Collection Criteria**  **3.1 Non**  **- Duplication**  While much of the informati on requested under this I CR existed prior to the creation of the operating permits program, an operating permit for a source with a flexible air permit is a compilation of existing requirements; the purpose being to bring all requirements applicable to a s ource 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 I CR since consolidation of the information into the operating permit and providing public access is the whole purpose of the statute. The info rmation collection activities required under the NSR regulations are not routinely

performed elsewhere by

EPA. However, similar information may

be collected during the development of certain environmental impact statements (EI S). In such cases, regulatio ns and policies require that information collected for EI Ss and NSR programs be coordinated to the maximum extent possible so as to minimize duplicating the collection of data. Some of the required information also may already be available from s tates or other federal agencies. However, even when these data are available, they are not generally

adequate to address completely

the relevant NSR requirements. **3.2 Public Notice**  The proposal notice for this rulemaking was published in the Federal **Requirement s**  Register on September 1 2 , 2007 (72 FR 52206 ). A 30
- day public comment period was provided for this I CR, during which all affected parties were given the opportunity to comment on the burden analysis. No comments on the I CR were received. **3.3 Consult**  **ations** Inpreparing this I CR, EPA relied on information gathered for developing IC R No. 1587. 0 7 titled “ In formation Collection Request for State Operating Permit Regulations (40 CFR Part 70) ;” IC R No. 1713. 0 6 titled
“ In formation Collection Request for Par t 71 Federal Operating Permit Regulations; ” and I CR No. 1230. 2 3 titled “ In formation Col lection Request for Prevention of Significant Deterioration and Nonattainment New Source Review (40 CFR Part 51 and 52)
. ” The EPA also employed information obtained fro m an in
- depth review of six pilot flexible permits. After conducting our review, EPA issued a report setting forth the results of the analysis. A copy

of the report as well as individual pilot permit reviews can be found at: http://www.epa.gov/ttn/oarpg/t5pgm.html.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

9 **3.4 Effects of Less**  Ingeneral, the information collections included in this I CR are one
- time **Frequent** submittals per activity (e.g., permit application, permit issuance, permit **Collection** renewal). The exceptions to this are avoided significant and minor permit

modifications under the operating permit program, which EPA estimates at one significant modification per source per 5 ye ars and o ne to five minor modification s per source per year; avoided minor NSR permits under the NSR program, which EPA estimates at zero to five per source per year ; and avoided PSD/NSR permits under the NSR program, which EPA estimates at one per source per 5 ye ars. See section 6.3 of this I CR for more information on these estimates. **3.5 Genera**  **l** None of the reporting or recordkeeping requirements violate any of the **Guidelines** regulations established by OMB at 5 CFR 1320.5. Parts 51, 52, 70, and 71 require 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 titles I and 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. **3.6 Confidentiality**  All information, other than confidential business information, relating to the permitting of sources under the operating permit and NSR programs and related to co mpliance 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. **3.7 Sensitive**  The consideration of sensiti ve questions (i.e., sexual, religious, personal or **Questions** other private matters) is not applicable to the NSR or operating permit

program s . The information gathered for purposes of establishing an operating permit for a source do not include personal data on any owner or operator.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

10 **4 The Respondents and the Information Requested**  **4.1 Respondents**  Respondents to this information collection come from two groups: permitting authorities (PAs) and sources required to obtain an operating permit and/or NSR p ermit
. All s tates 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 s tate and are thereby subject to the same program requirements as s tates . In total, there are 112 s tate, territorial, and local agencies administering operating permits programs. Approximately twelve PA s have already

been involved in developing flexible air permits for operating permit sources as part of EPA ’ s pilot program. For sources located in Indian c ountry and the Outer Continental Shelf, for Deep Water Ports, and when permitting authorities fail to administer the part 70 operating permit program, EPA issues part 71 federal operating permits. Under title V, all majo r stationary sources must obtain an operating permit. However, not all major sources will be interested in pursuing a flexible air permit. Based on EPA ’ s pilot experience, sources most likely to benefit from comprehensive flexible permitting techniques ( e.g., NSR project s and advance approval of changes subject to minor NSR) include those facilities with short time
- to - market demands; the need to accommodate rapid shifts of product lines, processes, and production levels; active manufacturing programs that require rapid and iterative changes to operations and equipment; upcoming renovation or expansion projects; and active pollution prevention programs with continuous process improvements. Additional sources are likely to benefit from simpler flexible perm itting techniques, such as alternative operating scenarios (AOSs) and approved replicable methodologies (ARMs) that do not involve NSR. When the period covered by this I CR begins, EPA estimates that there will be 1 6 ,6 68 sources subject to s tate and local part 70 programs. 1 The EPA estimates that there are 1 23 part 7 1 sources. 2 This results in an estimated total of 1 6 , 791 title V sources (i.e., the sum of part 70 and part 71 sources). To determine the overall number of major sources likely to bene fit from a flexible permit, EPA conducted the following analysis. F rom the National
1 United States Environmental Protection Agency. Information Collection Request for Part 70 Operating Permit Regulations . ICR No. 1587.0 7 . April 2007, page 14
.

2 United States E nvironmental Protection Agency. Information Collection Request for Part 71 Federal Operating Permit Regulations . ICR No. 1713.0 6 . April 2007, page 11
.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

11 Emission Inventory

(NEI) database , we identified approximately 3,500 sources that both match the SI C codes identified in Table 1 and are likely to be subject to title V permitting (i.e., are major sources for criteria pollutants and/or HAPs)
. We selected the SI C codes in Table 1 based on the ty pes of sources that took part in or inquired about pilots. (Such sources may benefit from the more comprehensive flexible permits. ) This represents approximately 21 percent of the total estimated sources subject to the operating permit program (i.e., 3,500 potential flexible permit sources divided by 16,766 total parts 70/71 operating permit sources). 3 We do not believe that all so urces in these source categories share the characteristics of the pilot sources, and therefore estimate that 10 percent of all sources will seek comprehensive flexible permits involving a n NSR project or minor NSR advance approval. We further estimate that an additional 2 0 percent of all sources will seek simpler flexible permits that do not involve NSR. However, the commenters on the proposed Flexible Air Permits rule indicated that many permitting authorities and sources are already working together to create these ty pes of flexible permits under the existing regulatory

framework. Accordingly, for the purposes of this I CR we estimate that 5 percent of all sources would seek a comprehensive flexible permit absent the final Flexible Air Permits rule, and that another 10 percent of all sources would seek simpler flexible permits absent the rule. As a result of the final Flexible Air Permits rule, which clarifies and publicizes the availability of these flexible permit approaches, we estimate that an additi onal 5 percent of sources will seek comprehensive flexible permits and an additional 10 percent of sources will seek simpler flexible permits. See section 6.1 and Table 5 for more detailed information on the universe of respondents.

3 The most recent finalized , quality
- assured NEI is for 2002. Accordingly, for this calculation we us ed the number of major sources in the Table 1 SIC codes from the 2002 NEI (approximately 3,500) and the number of title V sources in September 2006 (16,643 part 70 sources and 123 part 71 sources) to match the time frames as closely as possible within the available data.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

12 **Table 1 Indust**  **ry Sources Likely to Seek Com** **prehensive Flexible Perm** **its Industry Group**  **SIC NAICS**  Aerospace Manufacturing 372 336411, 336412, 332912, 336411, 335413 Automobile Manufacturing 371 336111, 336112, 336712, 336211, 336992, 336322, 336312, 33633, 336 34, 33635, 336399, 336212, 336213 Industrial Organic Chemicals 286 325191, 32511, 325132, 325192, 225188, 325193, 32512, 325199 Converted Paper and Paperboard Products 267 322221, 322222, 322223, 322224, 322226, 322231, 326111, 326112, 322299, 32 2291, 322232, 322233, 322211 Magnetic Tape Manufacturing 369 334613 Petroleum Refining 291 32411 Other Coating Operations 226, 229, 251, 252, 253, 254, 267, 358, 363 313311, 313312, 314992, 33132, 337122, 337121, 337124,

337215, 337129, 37125, 337211, 337214, 337127, 322221, 322222, 322226, 335221, 335222, 335224, 335228, 333312, 333415, 333319 Paper Mills 262 322121, 322122 Pharmaceutical Manufacturing 283 325411, 325412, 325413, 325414 Printing and Publishing 275 323114, 323110, 32 3111, 323113, 323112, 323115, 323119 Semiconductors 367 334413 Specialty Chemical Batch Processes 282, 283, 284, 285, 286,287, 289, 386 3251, 3252, 3253, 3254, 3255, 3256,

3259, except 325131 and 325181.

**4.2 Information**  This I CR reflects all in formation collection activities associated with the **Requested** changes to parts 70 and 71 operating permit programs and parts 51 and 52

NSR program arising from flexible air permits. Following are lists of the data items submitted by

sources and permittin g authorities and program activities performed by

permitting authorities and sources. These lists include only

those items and activities that represent the incremental burden impact associated with flexible air permitting. **4.2.1 Data Items**  Table 2 list s the data items submitted by sources and permitting authorities **Submitted** that are relevant to flexible permitting and pursuant to the requirements of

the parts 70 and 71 operating permit program and parts 51/52 NSR program.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

13 **Table 2 Data Item**  **s Subm itt**  **ed Citation**  **Data Item Recipient(s)**  **Sources**
Parts 70/71 Application for permits and permit renewals EPA and Permitting Authorities Significant Permit Modifications Minor Permit Modifications
Parts 51/52 Minor NSR Application PSD Ap plication NA NSR Application **Perm itting Authorities** 

Part 70 Application for permits and permit renewals
EPA Draft/proposed permits or permit renewals Final permits Parts 51/52 PSD Application NA NSR Application

**4.2.2 Activities**  Table 3 lists activities relevant to flexible permitting and pursuant to the requirements of parts 70/71 operating permit program and parts 51/52 NSR program.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

14 **Table 3 Activities**  **Citation Activities Relevant Under Traditional**  **Perm itting Scenario**  **Acti vities Relevant Under Flexible Perm** **itting Scenario**  **Sources**

Parts 70/71 Permit Application Permit Application Draft Permit Preparation Draft Permit Preparation Permit Renewal Permit Renewal Significant Permit Modifications Significant Permit Modific ations Minor Permit Modifications

Parts 51/52 Minor NSR Minor NSR PSD PSD NA NSR NA NSR **Perm itting Authorities** 

Part 70 Permit Application Review Permit Application Review

Draft Permit Preparation Draft Permit Preparation Permit Renewal Prep aration Permit Renewal Preparation Interaction with EPA Interaction with EPA Review of Significant Permit Modifications Review of Significant Permit Modifications Review of Minor Permit Modifications

Parts 51/52 Review of minor NSR permit applicati ons

Review of PSD permit applications Review of NA NSR permit applications**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

15**Table 3 Activities**  **Citation Activities Relevant Under Traditional**  **Perm itting Scenario**  **Acti vities Relevant Under Flexible Perm** **itting Scenario**  **EPA**

Part 70 Proposed Permit Review Proposed Permit Review

Interaction with Permitting Authorities Interaction with Permitting Authorities Review of Significant Permit M odifications Review of Significant Permit Modifications

Part 71 Permit Application Review Permit Application Review

Draft Permit Preparation Draft Permit Preparation Permit Renewal Preparation Permit Renewal Preparation Review of Significant Permit Modifications Review of Significant Permit Modifications Review of Minor Permit Modifications

Parts 51/52 Review of minor NSR permits Review of minor NSR permits Review of PSD permits Review of PSD permits Review of NA NSR permits Review of NA NSR permits**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

16 **5 The Information Collected**  **- Collection Methodology**  **and Information Management 5.1**  **Collection** The Agency will receive proposed permits or permit revisions in hard copy **Methodology** or electronically, depending on permitting authority capability. Each EPA **and** Regional Office has determined with their permitting authorities the most **Management** efficient system to exchange information. There is no need to maintain

complete files of permit actions for public access since these are maintained b y permitting authorities. **5.2 Small Entity**  EPA anticipates that small entities will not be seeking flexible air permits. **Flexibility** Therefore, in accordance with the analy tical requirements established under the Regulatory

Flexibility

Act (RFA) and th e 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. **5.3 Collection**  Table 4 below lists the items identified in sectio n 4.2.1 and their schedule **Schedule** for submission
.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

17 **Table 4 Schedule for Data Item**  **s Subm itted**  **Citation Data Item**  **Schedule Recipient(s)**  **Sources**

Part 70 Application for permits and

permit renewals New permit applications: within one year aft er a source becomes subject to the program. Permit renewal applications: at least six mo nths prior to the permit’ s expiration. EPA and Permitting Authorities Significant Permit Modifications No schedule; at each source ’ s discretion.

Parts 51/52 PSD Application No schedule; at each source ’ s discretion dependent upon its anticipated construction commencement date. EPA and Permitting Authorities NSR Application **Perm itting Authorities** 

Part 70 Application for permits and

permit renewals Submitted with the proposed permit or permit revision. EPA Draft/proposed permits or permit renewals Submitted when state wants to commence EPA review

period. Final permits Recommended soon after it is issued, but no formal deadline.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

18 **6 Estima**  **ting the Burden and Cost of the Collection 6.1**  **Estimating** There are 112 permitting authorities within the United States. Forty
- nine **the Number of** states operate as permitting authorities, with California employing 34 local **Respondents** air quality management organizations in lieu of a statewide permitting authority . Puerto Rico, the Virgin I slands, and Washington D.C. all have operating permit programs, and there are 26 county or regional permitting authorities within states that operate in a manner similar to that of California. There are a similar number of s tate and local reviewing authorities under minor and major NSR. As described in section 4.1, EPA adopts the number of title V sources identified in the part 70 and part 71 operating permits I CR s . The EPA estimate s that 5 percent of the total 1 6,791 ex isting sources subject to title V (i.e., approximately 840 sources) will obtain a comprehensive flexible permit (a “Tier 1” permit) over the course of the 3
- ye ar I CR period as a result of the final Flexible Air Permits rule . We define a Tier 1 flexible permit as one that involves advance approval of physical or operational changes at the source, utilizing either (1) a n NSR project permit (which must be issued through major NSR), or (2) a combination of minor NSR advance approvals with a PAL or an emissions cap on potential emissions . We furth er estimate that an additional 1 0 percent of all existing sources and new sources subject to title V (a total of approximately 1, 694 sources) will seek simpler flexible permits that incorporate alternative operating scenarios (AOSs) and/or approved replicable methodologies (ARMs), but not advance approval under major or minor NSR (“Tier 2” permits) , as a result of the final rule
. Table 5 presents EPA’s estimate of the number of sources that will be issued Tier 1 and Tier 2 flexible permits in each year of the 3
- ye ar I CR period.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT REGULATION S, THE PART 71**  **OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52 PREVENTION OF SIGNIFICANT DETERIORATION AND**

**NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 19 **Table 5 Num** **ber of Title V Sources Obtaining**  **a Flexible Perm it** 
**Year T**  **IER 1**  **T IER**  **2 Total** 

**NS R Projects**  **Minor NSR Total Tier 1**  **Existing Sources**  **New Sources Total Tier 2**  **PSD NA NSR**  **AAs 1**  **NAAs 2**  1 56 14 105 105 280 559 5 564 844 2 56 14 105 105 280 560 5 565 84 5 3 56 14 105 105 280 560 5 565 845 TOTAL 168 42 315 315 840 1,679 15 1,694 2,5 3 4 1 Sources in attainment areas. 2 Sources in nonattainment area.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

20 The figures in Table 5 are based on a number of assumptions. The following assumptions pertain to Tier 1 permits:

 Approximately

25 percent of Tier 1 permits will be NSR project permits; approximately

75 percent will be minor NSR/PAL/emissions cap permits. This assumption is based on the fact that most of the pilot permits were of the latter ty pe.  Of NSR project permits, approximately 80 percent will be PSD permits. Under NA NSR , sources are expected to be required to obtain offsets up front for the full amount of the emissions increases allowed under the NSR project permit although the emissions increases may

occur years later or not at all. This makes NSR project s less attractive in nonattainment areas.  Of the mino r NSR/PAL/emissions cap Tier 1 permits, approximately

half will be issued to sources in attainment areas and half to sources in nonattainment areas. This estimate roughly mirrors the percentage of the U.S. population that lives in ozone attainment and non attainment areas; there is no regulatory factor pushing in either direction.  All permitting authorities will be able to issue Tier 1 permits without revising their PSD , NA NSR , or minor NSR programs . Thus , Tier 1 permits of all ty pes will be issued in equ al numbers in each year covered by

the I CR
.  Based on the preceding assumptions, EPA estimates that there will be 280 Tier 1 permits issued in each year covered by this I CR. Of these, 70 will be major NSR project permits (56 PSD permits and 14 NA NSR perm its) and 210 will be minor NSR/PAL/emissions cap permits (105 in attainment areas and 105 in nonattainment areas). The following assumptions pertain to the estimated numbers of Tier 2 permits in each of the 3 ye ars covered by this I CR:

 Of the 1 6 ,7 91 exis ting sources subject to title V at the outset of the 3
- ye ar period covered by

this I CR, 1 0 percent (about 1,679 ) will obtain Tier 2 permits during the period. Of the 50 new sources that become subject to title V each year, 10 percent will have Tier 2 features included in their initial permits (i.e., 5 per year for a total of 1 5 over the 3
- ye ar period of the I CR).  All permitting authorities will be able to issue Tier 2 permits without revising their part 70 programs
. Thus, Tier 2 permits will be issued in equal numbers in each year covered by the I CR.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

21  Based on the preceding assumptions, EPA estimates that will be about 56 4 Tier 2 permits issued in the first year (to 559 existing sources and 5 new sources). In addition, 565 Tier 2 permits will be issued in second year and in the third year (to 560 existing sources and 5 new sources). **6.2 Estimating**  Burden means the total time, effort, or financial resources expended by **Burden** persons to generate, maintain, retain, disclose or provide information to or

for a federal agency . This includes the incremental time to develop a flexible air operating permit for facilities interested in pursuing this option; as well as the incremental time spent by permitting authorities and EPA to develop and ensure compliance with the flexible permit. The Agency estimates incremental burden based on its experience with the flexible permitting pilot initiative and an in
- depth review of six pilot flexible permits. **6.2.1 Estimating**  To estimate the incremental source burden asso ciated with flexible air **Source** permit preparation and application s , EPA assumes that flexible permits **Burden** fall into two tiers of permitting. As discussed previously in section 6.1, the Tier 1 flexibility

provisions are more complicated (i.e., include either a NSR project issued under major NSR or a combination of minor NSR advance approvals and a PAL or cap on potential emissions). Accordingly, the Tier 1 permits entail a burden under the NSR program to obtain the necessary

NSR permit . The estimate d burden for these NSR permits varies depending on whether the permit is a NSR project permit or a minor NSR permit, and depending on whether the source is located in an attainment area or nonattainment area for the pollutant(s) involved. The EPA’s estimates o f the NSR permitting burden associated with such permits are presented in Tables 6 and 7. As shown in the tables, f or a PSD or NA NSR project permit, we estimate a relatively small increase in burden over the current burden for a PSD or NA NSR permit . In the case of a minor NSR permit for a Tier 1 permit , we estimate a significant increase over the current burden for a minor NSR permit, which is estimated to average 40 hours. 4 We believe that in this situation, the permitting process and burden for minor NSR permits for Tier 1 permits will be more similar to major NSR permits than to ty pical minor NSR permits.

4 United States Environmental Protection Agency. Information Collection Request for 40 CFR Parts 51 and 52 Prevention of Significant Deterioration and Nonattainment New Source Review . ICR No. 1230.23. 2008, page 17
.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

22 Inaddition to the NSR permitting burden, we estimate that each source will incur an incremental burden to add the NSR permit terms and condi tions to its title V permit and to supplement these requirements with terms and conditions to address any other applicable requirements and to create AOSs and ARMs as necessary, thereby creating a Tier 1 flexible air permit. This may

occur either through a significant permit modification (SPM) or at the time of permit renewal. (W e believe it unlikely that new sources will pursue Tier 1 permits since new sources ty pically are permitted and built to handle foreseeable growth.) The current burden assigned t o an SPM is 80 hours, 5 but we believe that 1 2 0 hours is a better estimate for a complicated, Tier 1 permit. We estimate an incremental burden of 80 hours for adding Tier 1 permit terms and conditions at the time of title V permit renewal. We assume that half of the sources that obtain a Tier 1 permit will do so through an SPM and the other half at permit renewal. The EPA estimates that there will be significant burden reduction after issuance of Tier 1 flexible air permits. We estimate that each source with a Tier 1 permit will avoid one major NSR permit action in the 5 ye ars following issuance of the Tier 1 permit. Each source also will avoid the SPM that otherwise would have been required to add the major NSR permit terms and conditions to its title V permit. In addition, we estimate that each source with a Tier 1 permit will avoid five minor NSR permit actions per year . Finally, we estimate that each source with a Tier 1 permit will avoid five title V minor permit modifications (MPMs) per year
– app roximately three that otherwise would have been required to add minor NSR permit terms and conditions to the title V permit and two additional MPMs each year for changes at the source that do not involve minor or major NSR. We do not believe that every mi nor NSR permit necessitates an MPM for a variety

of reasons. Some permitting authorities have implemented "merged program s " that accomplish NSR and title V requirements in a single permit action. Inaddition, group processing of MPMs is permissible under part 70, and permitting authorities may choose to merge minor NSR and title V permitting actions on a case
- by
- case basis. L astly, some part 70 programs include off
- permit provisions, which may apply to some minor NSR permits so that the source can wait until permit renewal to incorporate the minor NSR permit requirements into the title V permit
. Table 8 presents the incremental burden reduction for each ty pe of permit action avoided as a result of a flexible permit.

5 United States Environmental Protection Agency. Information Collection Request for Part 70 Operating Permit Regulations . ICR No. 1587.07. April 2007, page 17.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

23 Tier 2 flexible air permits involve less complicated title V permit terms and conditions (e.g., AOSs for known process changes, ARMs). They do not include advance approval under minor or major NSR, and therefore do not result in any

incremental burden increases or decre ases under the NSR program. The EPA estimates that each source will incur an incremental burden to add Tier 2 flexibility features to its title V permit, thereby creating a Tier 2 flexible air permit. For existing sources, this may be accomplished either with an SPM (with an incremental burden of 80 hours, the current burden assigned to an SPM) or at the time of permit renewal (with an incremental burden that we estimate at 60 hours)
. We assume that half of the existing sources that obtain a Tier 2 permit will do so through an SPM and the other half at permit renewal. New sources may incorporate Tier 2 flexibility at initial permit issuance , at which time we estimate they

will incur an incremental burden of 60 hours . After a source obtains a Tier 2 flex ible permit, we estimate that it avoids one MPM per ye ar. The preceding burden estimates are based on EPA’s experience with pilot permits. We believe that our estimates of incremental burden reduction are conservative in that our evaluation of six flexib le permit pilots describes the range of permit actions avoided from 5 for one facility to 150 for another facility
.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

24 **Table 6 Source Respondent Burden**  **Hours Under Parts 51/52 NSR Regulations**  **for Tier 1 Perm its**  **in Attainm**  **ent Areas**  **Activity Current**  **Burden per PSD Perm** **it 1**  **Burden per**

**NSR Project PSD Perm** **it Burden per** 

**Minor NSR/ PAL/Cap**  **Perm it**  Preparation and Planning Determination of Compliance Requirements 170 170 130 Obtain Guidance on Data Needs 120 120 9 0 Preparation of BACT Engineering Analysis 102 153 40 Data Collection and Analysis Air Quality Modeling 200 200 5 0 Determination of Impact on Air Quality Related Values 100 100 0 Post
- construction Air Quality Monitoring 50 50 0 Permit Application Preparation and Submittal of Permit Application 60 60 50 Public Hearings 24 39 24 Revisions to Permit 40 40 2 0 TOTAL 8 66 932 404 1 United Stat es Environmental Protection Agency. Information Collection Request for 40 CFR Parts 51 and 52 Prevention of Significant Deterioration and Nonattainment New Source Review . ICR No. 1230. 2 3 . 200 8 , page 1 7
.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

25 **Table 7**  **Source Responden t Burden**  **Hours Under Parts 51/52 NSR Regulations**  **for Tier 1 Perm its**  **in Nonattainm**  **ent Areas**  **Activity Current**  **Burden per NA NSR**  **Perm it**  **1 Burden per** 

**NSR Project NA NSR**  **Perm it**  **Burden per**

**Mi nor NSR/**  **PAL/Cap Perm** **it** Preparation and Planning Determination of Compliance Requirements 150 150 11 5 Obtain Guidance on Data Needs 100 100 75 Data Collection and Analysis Preparation of LAER Engineering Analysis 52 52 20 Demonstrate Offsets 52 52 0 Prepare Analysis of Alternative Sites, Processes, etc. 60 60 0 Air Quality Modeling 1 3 0 1 3 0 2 0 Permit Application Preparation and Submittal of Permit Application 49 49 38 Public Hearings 25 40 25 Revisions to Permit 24 24 12 TOTAL 642 657 30 5 1 United States Environmental Protection Agency. Information Collection Request for 40 CFR Parts 51 and 52 Prevention of Significant Deterioration and Nonattainment New Source Review . ICR No. 1230.2 3
. 2008 , page 17
.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

26 **Table 8**  **Source Increm**  **ental Burden**  **Hour Reductions by Activity**  **Avoided Activity**  **Avoided Current**  **Burden 1, 2**  **Flexible**

**Perm itting**  **Burden Increm**  **ental**

**Burden Reduction**  **Parts 70/71: Operating Perm it Regulations**  Signi ficant Permit Modification 80 0
- 80 Minor Permit Modification 40 0
- 40 **Parts 51/52** Minor NSR Permit 40 ( 8 to 120 ) 0
- 12 0 PSD Permit 866 0
- 8 66 NA NSR Permit 642 0
- 642 1 Parts 70/71 current burdens from Information Collection Req uest for Part 70 Operating Permit Regulations
. ICR No. 1587.0 7 . United States Environmental Protection Agency. April 200 7 , page 1 1
. 2 Parts 51/52 current burdens from Information Collection Request for 40 CFR Parts 51 and 52 Prevention of Significant De terioration and Nonattainment New Source Review . ICR No. 1230.17. United States Environmental Protection Agency. 2008 , page s 11 and 17
.

Additional assumptions or purposes of estimating burden reductions:

 Sources with Tier 1 permits avoid one major NS R permit and one associated SPM per 5 ye ars. For purposes of the 3 ye ars covered by this I CR, we assume that 20 percent of sources will avoid a major NSR permit and SPM for each year that they have a Tier 1 permit. Thus, of sources that receive a Tier 1 permit in th e first year under this I CR, 60 percent will avoid a major NSR permit and SPM over the course of the 3 ye ars covered by

this I CR (i.e., 20 percent per year). Forty percent of the sources that receive Tier 1 permits in the second year and 20 percent of the third year sources will avoid a major NSR permit and SPM during the 3 ye ars covered by this I CR.  Sources with Tier 1 permits avoid five minor NSR permits and five MPMs in each full year after receiving the Tier 1 permit. In the year that sources receive a Tier 1 permit, we assume that they avoid an average of two minor NSR permits and two MPMs to account for the fact that the Tier 1 permit could be issued at any point in the year. F or sources with Tier 2 permits, we assume that they avoid 1 M PM each ye ar, including the year that they receive the permit.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

27  For each minor NSR permit that a source avoids as a result of its Tier 1 permit, we estimate that its burden is reduced by 120 hours. The current burden assigned to sources for a minor NSR per mit is 40 hours
. However , the current 40
- hour burden is said to be a weighted average , where the burden for a single permit may vary between 8 and 120 hours depending on the complexity of the permit action. We believe that the minor NSR permits that are avoided by sources that choose to undertake the effort to obtain a Tier 1 permit (so that they can avoid such minor NSR permits) will tend to be of the most complex sort. **6.2.2 Estimating**  To estimate the incremental permitting authority burden associated with **Permitting** flexible permits, we begin again with the burden associated with the NSR **Authority** permits that underlie Tier 1 flexible air permits. As discussed in **Burden** section 6.2.1, there are four ty pes of such NSR permits

– NSR project PSD perm its, minor NSR permits in attainment areas, NSR project NA NSR permits, and minor NSR permits in nonattainment areas. The EPA’s estimate of the burden associated with these permitting actions, as compared with the current burden for PSD and NA NSR permits , is presented in Tables 9 and 10. To complete a Tier 1 flexible permit, we believe that the permitting authority will incur an incremental burden hours to incorporate the NSR permit terms and conditions into the source’s title V permit along with necessary additional title V flexibility terms and conditions. This title V permit action may

occur through an SPM or at the time of permit renewal. The current burden associated with an SPM is 9 0 hours, and w e estimate 90 hours for an SPM to address a Tier 1 p ermit . We estimate an incremental burden of 60 hours for Tier 1 p ermits created during the title V permit renewal process. As noted above in section 6.2.1, we assume that half of the sources that obtain a Tier 1 permit will do so through an SPM and the o ther half at permit renewal, and these same proportions carry

through for the associated permitting authorities. After the added burden associated with issuing flexible permits, permitting authorities will experience a significant burden reduction as a result of major and minor NSR permits and the associated title V SPMs and MPMs that will subsequently

be avoided. See section 6.2.1 above for a discussion of EPA’s estimate of the numbers of each such permitting action that will be avoided by Tier 1 source s and, therefore, their permitting authorities. See Table 11 for our estimate of the incremental b urden reduction for permitting authorities when each ty pe of permit is avoided. The same assumptions regarding the timing of burden reductions**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

28 presented at the end of section 6.2.1 apply also to permitting authorities. For each minor NSR permits that is avoided, we estimate that the permitting authority's burden is reduced by 90 hours because we believe that the minor NSR actions that are avoided would tend to be of the most complex sort. The EPA estimates that permitting authorities will incur an incremental burden for each source to which they issue a Tier 2 flexible air permit under title V. For existing sources, this may be accomplished either with an S PM (with an incremental burden of 60 hours) or at the time of permit renewal (with an incremental burden that we estimate at 45 hours)
. Although the current burden assigned to an SPM for a permitting authority is 90 hours, we believe that Tier 2 permits typ ically will not require this level of effort for permitting authorities. Rather, we believe that most of the complexities of the permit will be addressed by the source in its application. In addition, permitting authorities and source that commented on the proposed rulemaking indicated that many permitting authorities already issue flexible permits using these ty pes of approaches and are, therefore, very

familiar with them. Again as noted above in section 6.2.1, we assume that half of the existing sources that obtain a Tier 2 permit will do so through an SPM and the other half at permit renewal, and these same proportions carry

through for the associated permitting authorities. New sources may

incorporate Tier 2 flexibility at initial permit issuance , at which time we estimate they will incur an incremental burden of 45 hours
. After a source obtains a Tier 2 flexible permit, we estimate that the source and the permitting authority avoid one MPM per year. The EPA estimates that no s tate and local permi tting authorities will need to prepare modifications to their SIPs to add NSR project provisions. In addition, we estimate that no permitting authorities will determine that they need to revise their part 70 rules in order to be able to issue flexible title V permits.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

29 **Table 9 State and Local Perm** **itting Authority Respondent Burden Hours Under Parts 51/52 NSR Regulations for Tier**  **1 Perm its**  **in Attainm**  **ent Areas**
**Act ivity**  **Current Burden per**  **PSD Perm** **it 1**  **Burden per**

**NSR Project**  **PSD Perm** **it Burden per** 

**Minor NSR/ PAL/Cap**  **Perm it**  Attend Preapplication Meetings 36 45 3 0 Answer Respondent Questions 20 25 18 Log In and Review Data Submissions 16 16 12 Request Additional Information 8 8 5 Analyze for and Provide Confidentiality Protection 24 24 18 Prepare Completed Applications for Processing 3 8 4 8 32 File and Transmit Copies 8 8 8 Prepare Preliminary Determination 36 45 24 Prepare Notices for and Attend Public Hearings 40 55 40 Application Approval 4 8 6 0 40 Notification of Applicant of PA Determination 8 8 8 Submittal of Information on BACT / LAER to RBLC 1 9 1 9 0 TOTAL 301 3 61 2 35 1 United States Environmental Protection Agency. Information Collection Request for 40 CFR Parts 51 and 52 Prevention of Significant Deterioration and Nonattainment New Source Review . ICR No. 1230. 2 3
. 2008 , page 1 8
.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

30 **Table 10 State and Local Perm** **itting Authority Respondent Burden Hours U nder Parts 51/52 NSR Regulations for**  **Tier 1 Perm** **its in Nonattainm**  **ent Areas Activity**  **Current Burden per**  **NA NSR Perm** **it 1**  **Burden per**

**NSR Project**  **NA NSR Perm** **it Burden per** 

**Minor NSR/ PAL/Cap**  **Perm it**  Attend Preapplication Meetings 7 9 6 Answer Respondent Questions 10 12 9 Log In and Review Data Submissions 10 10 6 Request Additional Information 4 4 3 Analyze for and Provide Confidentiality Protection 4 4 3 Prepare C om

pleted Applications for Processing 16 20 12 File and Transmit Copies 4 4 4 Prepare Preliminary Determination 10 1 3 8 Prepare Notices for and Attend Public Hearings 18 33 18 Application Approval 21 2 6 16 Notification of Applicant of PA Determination 2 2 2 Submittal of Information on BACT / LAER to RBLC 21 21 0 TOTAL 127 1 58 87 1 United States Environmental Protection Agency. Information Collection Request for 40 CFR Parts 51 and 52 Prevention of Significant Deterioration and Nonattainment New S ource Review . ICR No. 1230. 2 3
. 2008 , page 1 8**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

31 **Table 11 State and Local Perm** **itting Authority Increm ental Burden Hour Reductions by Activity**  **Avoided Activity Avoided**  **Current Burden**  **1, 2 Flexible** 

**Perm itting**  **Burden Increm**  **ental**

**Burden Reduction**  **Part 70: Operating Perm** **it Regulations** Significant Permit Modification 90 0
- 9 0 Minor Permit Modification 3 0 0
- 3 0 **Parts 51/52** Minor NSR Permit 30 (6 to 9 0 ) 0
- 9 0 PSD Permit 301 0
- 301 NA NSR Permit 127 0
- 1 27 1 Parts 70/71 current burdens from Information Collection Request for Part 70 Operating Permit Regulations . ICR No. 1587.0 7 . United States Environmental Protection Agency. April 200 7 , page 1 8
. 2 Parts 51/52 current burdens from Information Collection Request for 40 CFR Parts 51 and 52 Prevention of Significant Deterioration and Nonattainment New Source Review . ICR No. 1230.2 3 . United States Environmental Protection Agency. 200 8 , page s 11 and 18
.
**6.2.3 Estimating**  The EPA provides oversight to the NSR program, reviewing m ajor NSR **EPA** permits and selected minor NSR permits. Our estimate of the burden **Burden** incurred by the Agency

associated with the review of the NSR permits underlying Tier 1 flexible air permits is presented in Table 12. The EPA also provides oversi ght to the s tate and local permitting authorities’ part 70 programs. We believe that that the Agency will incur an incremental burden in this role for each Tier 1 part 70 flexible permit , which may

be created with an SPM or at permit renewal
. The current EPA burden associated with reviewing each SPM is 8 hours, but we estimate 12 hours to review an SPM for a Tier 1 permit. Inaddition, EPA ty pically consults with permitting authorities during development of about 25 percent of SPMs. We estimate that for Tier 1 permits such consultations will require 1 2 hours (versus 8 hours for a ty pical SPM). Thus, consultations will average about 3 hour s per Tier 1 permit that is accomplished by

way of an SPM, for a total of 15 hours for each such permit. We estimate an incremental burden of 10 hours for EPA review of Tier 1 permits created during the title V permit renewal process. As noted above in section 6.2.1, we assume that half of the sources that obtain a**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

32 Tier 1 permit will do so through an SPM and the other half at permit renewal, and these same proportions carry through for EPA's review and consultation. After Tier 1 flexible permit have been issued, EPA will experience incremental burden reductions associated with the major and minor NSR permits and SPMs and MPMs that the sources with Tier 1 permits will avoid in the ensuing years. See Table 13 for our estimate of the incremental b urden reduction for EPA when each ty pe of permit is avoided. See section 6.2.1 above for a discussion of EPA’s estimate of the numbers of each such permitting action that will be avoided by Tier 1 sources. The same assumptions regarding the timing of burden reductions presented at the end of section 6.2.1 apply also to EPA. The EPA believes that the Agency will incur incremental burden for each Tier 2 flexible permit issued under part 70. Existing sources may obtain a Tier 2 part 70 permit either with an SPM or at the time of permit renewal. Again as noted above in section 6.2.1, we assume that half of the existing sources that obtain a Tier 2 permit will do so through an SPM and the other half at permit renewal, and these same proportions carry through for EPA's review and consultation. New sources may incorporate Tier 2 flexibility at initial permit issuance. For SPMs, we e stimate that EPA's burden will be 10 hours, which is based on the existing burden for an SPM (8 hours) plus an average of 2 hours per permit incurred for consultations with the permitting authority (consulting on 25 percent of the permits; 8 hours per cons ultation). For review of Tier 2 permits created at the time of permit renewal or initial permit issuance, we estimate EPA's incremental burden at 8 hours per permit. After a source obtains a Tier 2 flexible permit, we estimate that the source and the Agency avoid action on one MPM per year. As noted previously, we believe that no permitting authorities will have to revise their NSR SIPs or part 70 programs to enable them to issue flexible permits. Thus, EPA will not be required to review and approve SIP or part 70 program revisions
. Inaddition to EPA’s oversight role under part 70, the Agency acts as a permitting authority

under part 71. In this role, EPA will experience the same level of burden and burden reduction for each permitting action that is discussed above in section 6.2.2. The EPA currently administers part 71 permits for approximately 123 existing sources. Thus, approximately 6 (i.e., 5 percent) are estimated to obtain Tier 1 flexible permits during the 3**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

33 ye ars covered by

this I C R, and approximately 12 (i.e., 1 0 percent) are estimated to obtain Tier 2 flexible permits during the period
.

**Table 12 Agency Burden Hours Under Parts 51/52 NSR Regulations for Tier**  **1 Perm its** 

**Activity Current**  **Burden per Major NSR**  **Perm it**  **1 Burden per** 

**NSR Project**  **Perm it**  **Burden per**

**Minor NSR/ PAL/Cap**  **Perm it**  Attainment Areas Review and Verify Applicability Determination 2 2 2 Review Control Technology Determination 4 5 2 Evaluate Air Quality Monitoring 4 4 0 Evaluate Alternative and Secondary Impact Analysis 2 2 2 Evaluate Class I Area Analysis 2 2 0 Administrative Tasks 1 1 1 TOTAL 1 5 1 6 7 Nonattainment Areas Review and Verify Applicability Determination 2 2 2 Review Control Technology Determination 4 5 2 Evaluate Offsets 1 1 0 Evaluate Air Quality Monitoring 5 5 0 Evaluate Alternative and Secondary Impact Analysis 3 3 2 Administrative Tasks 1 1 1 TOTAL 1 6 1 7 7 1 United States Environmental Protection Agency. Informati on Collection Request for 40 CFR Parts 51 and 52 Prevention of Significant Deterioration and Nonattainment New Source Review . ICR No. 1230. 2 3
. 2008 , page 1 9**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

34 **Table 13 Agency Increm**  **ental Burden Hour Reductions by Activity Avoided Activity Avoided**  **C urrent**  **Burden 1, 2**  **Flexible**

**Perm itting**  **Burden Increm**  **ental**

**Burden Reduction**  **Part 70: Operating Perm it Regulations**  Significant Permit Modification 8 0
- 8 Minor Permit Modification 1 0
- 1 **Parts 51/52** Minor NSR Permit 3 2 0
- 2 PSD Permit 1 5 0
- 15 NA NSR Permit 16 0
- 16 1 Parts 70/71 current burdens from Information Collection Request for Part 70 Operating Permit Regulations
. ICR No. 1587.0 7 . United States Environmental Protection Agency. April 200 7 , pag e 1 8
. 2 Parts 51/52 current burdens from Information Collection Request for 40 CFR Parts 51 and 52 Prevention of Significant Deterioration and Nonattainment New Source Review . ICR No. 1230.2 3 . United States Environmental Protection Agency. January 2008 , page 1 9
. 3 Synthetic/netting
-based minor NSR permits; about 4 percent of total minor NSR permits.
**6.3 Estimating Costs**  **6.3.1 Estimating**  The purpose of this I CR is to estimate the incremental change in burden **Source** and cost as compared to the three approved collections that the flexible air **Costs** permits rulemaking will affect. For this reason, EPA adopts the source

wage rates estimated in the approved collections for that portion of the incremental burden that affects each respective collection. That is, we apply the source wage rate in the part 70 I CR renewal to the part 70 incremental burden hours, the part 71 wage rate to the part 71 incremental burden hours, and the parts 51/52 wage rate to the parts 51/52 incremental burden hours. These ho urly wages are as follows:

 P art 70: $38 /hr based on in
- house labor for all permitting task except the initial permit applications
. For the initial permit application, which applies only

to new sources obtaining a Tier 2 permit, the wage rate is $143 /hr.  Part 71: Same as part 70 rates.  Parts 51/52: $97.61**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

35 The EPA estimates that this rulemaking will have no effect on capital costs or operation & maintenance (O&M) costs in any of the approved I CRs affected by

this rulemaking. Thus, the incremental cap ital and O&M costs are zero, and labor costs constitute the entire incremental cost of the rulemaking to sources. Section 6.2.1 above describes the incremental burden for each flexible permitting source. Table 1 4 below includes the total burden and cost and the average annual burden and cost for Tier 1 and Tier 2 permits and for each program (parts 51/52, part 70, and part 71)
. **6.3.2 Estimating**  To best compare the incremental impacts to the existing, approved **Permitting** collections, EPA adopts the per mitting authority

wage rates e stimated in the **Authority** respective approved collections. Similarly, we adopt the labor rates for **and Agency** EPA used in each of these existing, approved I CRs. These rates are as **Costs** follows:

 P art 70: $45 /hr for both permitting authorities and EPA.  Part 71: Same as part 70 rates.  Parts 51/52: $ 77.22 for permitting authorities; $ 43.17 for EPA. As discussed above for sources, we estimate that this rulemaking will no t a ffect capital costs or operation & maintenance (O &M) costs for permitting authorities or EPA . Thus, the incremental capital and O&M costs are zero, and labor costs constitute the entire incremental cost of the rulemaking to permitting authorities and EPA
. Sections 6.2.2 and 6.2.3 above describe the incremental burden associated with flexible permitting for permitting authorities and EPA. Tables 1 5 and 1 6 below include the permitting burden in hours and costs for permitting authorities and EPA.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT REGULATION S, THE PART 71 OPERATING PERMIT** 

**REGULATIONS, AND THE PARTS 51 and 52 PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

36 **Table 14 Source Burden and Cost,**  **3 -**  **Years Inform**  **ation C ollection**  **Activity Increm**  **ental Burden**  **(hr/activity) N**  **o. of Respondents**  **/Frequency Labor**  **Cost ($/hr)**  **Total Hours Total Cost**  **($) Annual** 

**Hours Annual Cost** 

**($) Year**  **1 Year 2**  **Year 3** TIER 1 FLEXIBLE PERMITS Parts 51/52: NSR Regulations NSR Project

– PSD 932 56 56 56 97.61 156,576 15,283,383 52,192 5,094,461 Minor NSR

– AA 404 105 105 105 97.61 127 , 260 12 , 421 , 849 42 , 420 4 , 140 , 616 NSR Project

– NA NSR 657 14 14 14 97.61 27,594 2,693,450 9,198 897,817 Minor NSR
- NAA 30 5 105 105 105 97.61 96,075 9 , 377,881 3 2,025 3 , 125,960 PSD avoided (1 in 5 yrs) 1

- 866 32 64 97 97.61
- 167, 1 3 8
- 16,3 14 , 340
- 55,7 13
- 5,43 8 , 113 NAA NSR avoided (1 in 5 yrs) 2 - 642 24 48 71 97.61
- 91, 806
- 8,9 61 ,1 84
- 30, 602
- 2,987,061 Minor NSR avoided ( 5 /yr) 3

- 120 560 1 , 960 3 , 360 97.6 1
- 705 , 600
- 68 , 873 , 616
- 235 , 200
- 22 , 957 , 872 NSR SUBTOTAL
- 55 7 , 03 9
- 54 , 372 , 5 77
- 18 5 , 68 0
- 18 , 1 24 , 192 Parts 70/71: Title V Regulations Tier 1 Flexible Air Permit
SPM 1 2 0 140 140 140 38 50 , 400 1 , 915 , 200 16 , 800 638 , 400 Tier 1 Flexible Air Permit
Permi t Renewal 80 140 140 140 38 33 , 600 1 , 276 , 800 11 , 200 425 , 600 SPM avoided (1 in 5 yrs) 4

- 80 56 112 168 38
- 26,880
- 1,021,440
- 8,960
- 340,480 MPM avoided ( 5 /yr) 5

- 40 560 1 , 960 3 , 360 38
- 235 , 200
- 8 , 937 , 600
- 78 , 400
- 2 , 979 , 200 TITLE V SUBTOTAL
- 178 , 080
- 6 , 767 , 040
- 59 , 360
- 2 , 255 , 680 TIER 1 TOTAL
- 73 5 , 11 9
- 61,139,617
- 245 , 0 40
- 20,379,872 TIER 2 FLEXIBLE PERMITS Parts 70/71: Title V Regulations Tier 2 Flexible Permit

– new sources 60 5 5 5 143 900 128,700 300 42,900 Tier 2 Flexible Permit

– existing sources - SPM 80 280 280 280 38 67,200 2,553,600 22,400 851,200 Tier 2 Flexible Permit

– existing sources
- Permit Renewal 60 279 280 280 38 50,340 1,912,920 16,780 637,640 MPM avoided ( 1 /yr) 6

- 40 564 1 , 129 1 , 694 38
- 135,480
- 5,148,240
- 45,160
- 1,716,08 0 TIER 2 TOTAL

– Parts 70/71
- 17,040
- 553,020
- 5,680
- 184,340**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT REGULATION S, THE PART 71 OPERATING PERMIT** 

**REGULATIONS, AND THE PARTS 51 and 52 PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

37 **Table 14 Source Burden and Cost,**  **3 -**  **Years Inform**  **ation C ollection**  **Activity Increm**  **ental Burden**  **(hr/activity) N**  **o. of Respondents**  **/Frequency Labor**  **Cost ($/hr)**  **Total Hours Total Cost**  **($) Annual** 

**Hours Annual Cost** 

**($) Year**  **1 Year 2**  **Year 3** TOTALS BY PROGRAM Parts 51/52: NSR Regulations
- 557,039
- 54,372,577
- 185,680
- 18,124,192 Parts 70/71: Title V Regulations
- 195,120
- 7,320,060
- 65,040
- 2,44 0 ,020 Part 70 alo ne 7

- 193,754
- 7,268,820
- 64,585
- 2,422,940 Part 71 alone 7

- 1,366
- 51,240
- 455
- 17,080 1 Of sources in attainment areas that receive Tier 1 permits in Year 1 , an average of 20% avoid 1 PSD permit in each year of the ICR . Similarly, an average of 20% of sources that receive a Tier 1 permit in Year 2 avoid 1 PSD in each of Years 2 and 3 of the ICR, and an average of 20% of sources that receive a Tier 1 permit in Year 3 avoid 1 PSD permit in Year 3. The number of sources in attainment areas that receive Tier 1 permits in each year of the ICR is (NSR Project PSD + minor NSR AA) for that year. T hus, for example, the total number of PSD permits avoided in Year 3 is 20% of the sources that received a Tier 1 permit in Year 1 (0.2 x 161 = 32 .2 ) plus 20 % of the sources that received a Tier 1 permit in Year 2 (0.2 x 161 = 32.2) plus 20% of the sources that received a Tier 1 permit in Year 3 (0.2 x 161 = 32.2), for a total of 96.6 PSD permits avoided, w hich rounds to 97. 2 Calculated the same as above in footnote 1 except that NA NSR permits are avoided by sources in nonattainment areas that receive Tier 1 permits (NSR Project NAA NSR + minor NSR NAA). 3 In the year that a source receives a Tier 1 permit, it avoids an average of 2 minor NSR permits (to account for when in the year the Tier 1 permit was issued) , regardless of whether the source is in an attainment area or nonattainment area . In each subsequent full year that it has the Tier 1 permit, the source avoids 5 minor NSR permits
. Thus, for exam ple, in Year 3 the 280 sources that received Tier 1 permits in Year 1 avoid 1,400 minor NSR permits, the 280 sources that rec eived permits in Year 2 avoid 1,400 minor NSR permits, and the 280 sources that received permits in Year 3 avoid 560 minor NSR permits, for a total of 3,360 minor NSR permits avoided
. 4 Calculated the same as above in footnote 1 except that SPMs are avoided by sources in attainment and nonattainment areas that receive Tier 1 permits
. 5 Calculated the same as above in footnote 3
. 6 Calculated the same as above in footnote 3 except that each source with a Tier 2 permit avoids 1MPM per year
. 7 Calculated using ratio of part 71 permits to all title V permits (1 23 /1 6 , 791 = 0.00 7 ) to apportion the total for part s 70/ 71 to part 70 and part 71
.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT REGULATION S, THE PART 71 OPERATING PERMIT** 

**REGULATIONS, AND THE PARTS 51 and 52 PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

38 **Table 15 Perm** **itting Authority Burden and Cost, 3**  **- Years**  **Inform ation Collection**  **Activity Increm**  **ental Burden**  **(hr/activity) No. of Respondents/Frequency**  **Labor Cost**  **($/hr) Total Hours**  **Total Cost ($)**  **Annual**

**Hours Annual Cost** 

**($) Year**  **1 Year 2**  **Year 3** TIER 1 FLEXIBLE PERMITS Parts 51/52: NSR Regulations NSR Project

– PSD 361 56 56 56 77.22 60,648 4,683,239 20,216 1,561,080 Minor NSR

– AA 2 35 105 105 105 77.22 74,025 5,716,211 24,675 1,905,404 NSR Project

– NA NSR 158 14 14 14 77.22 6,636 512,432 2,212 170,811 Minor NSR
- NAA 87 105 105 105 77.22 27,405 2,116,214 9,135 705,405 PSD avoided (1 in 5 yrs)
- 301 32 64 97 77.22
- 58, 09 3
- 4,4 85 , 941
- 19,3 6 4
- 1,49 5 ,3 14 NAA NSR avoided (1/5yrs)
- 127 24 48 71 77.22
- 18,136
- 1,400,431
- 6,045
- 4 66,810 Minor NSR avoided (5 /yr)
- 90 560 1960 3360 77.22
- 529,200
- 40,864,824
- 176,400
- 13,621,608 NSR SUBTOTAL
- 436,7 1 5
- 33,72 3 , 132
- 145,5 7 2
- 11,24 1 , 044 Parts 70/71: Title V Regulations Tier 1 Flexible Air Permit
SPM 90 140 140 140 45 37,800 1,70 1,000 12,600 567,000 Tier 1 Flexible Air Permit
Permit Renewal 60 140 140 140 45 25,200 1,134,000 8,400 378,000 SPM avoided (1 in 5 yrs)
- 90 56 112 168 45
- 30,240
- 1,360,800
- 10,080
- 453,600 MPM avoided ( 5 /yr)
- 30 560 1 , 960 3 , 360 45
- 176,400
- 7,938,000
- 58,800
- 2,646,000 TITLE V SUBTOTAL
- 143,640
- 6,463,800
- 47,880
- 2,532,600 TIER 1 TOTAL
- 580, 3 5 5
- 40,186,932
- 193,4 5 2
- 13,395,644 TIER 2 FLEXIBLE PERMITS Parts 70/71: Title V Regulations Tier 2 Flexible Permit

– new sources 45 5 5 5 45 675 30,375 225 10,125 Tier 2 Flexible Permit

– existing sources
- SPM 6 0 280 280 280 45 50,400 2,268,000 16,800 7 56,000 Tier 2 Flexible Permit

– existing sources
- Permit Renewal 45 279 280 280 45 37,755 1,698,975 12,585 556,325 MPM avoided ( 1 /yr)
- 30 564 1 , 1 29 1 , 694 45
- 101,610
- 4,572,450
- 33,870
- 1,524,150 TIER 2 TOTAL

– Parts 70/71
- 12,780
- 575,100
- 4,260
- 191,700**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT REGULATION S, THE PART 71 OPERATING PERMIT** 

**REGULATIONS, AND THE PARTS 51 and 52 PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

39 **Table 15 Perm** **itting Authority Burden and Cost, 3**  **- Years**  **Inform ation Collection**  **Activity Increm**  **ental Burden**  **(hr/activity) No. of Respondents/Frequency**  **Labor Cost**  **($/hr) Total Hours**  **Total Cost ($)**  **Annual**

**Hours Annual Cost** 

**($) Year**  **1 Year 2**  **Year 3** TOTALS BY PROGRAM Parts 51/52: NSR Regulations
- 436,7 1 5
- 33,72 3 , 132
- 145,572
- 11,241,044 Parts 70/71: Title V Regulations
- 1 56,420
- 7,038,900
- 52,140
- 2,346,300 Part 70 alone
- 155,325
- 6,989,628
- 51,984
- 2,329,876 Part 71 alone 1

- 1,095
- 49,272
- 365
- 16,424 1 These values represent EPA burden and costs in its role as the part 71 permitting authority. It is calculat ed based on the ratio of part 71 permits to all title V permits as explained in Note 7 on Table 14 . These values are reproduced in Table 16. See the notes on Table 14 for explanation of other calculations.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT REGULATION S, THE PART 71 OPERATING PERMIT** 

**REGULATIONS, AND THE PARTS 51 and 52 PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

40 **Table 16 Agency**  **Burden and Cost, 3**  **- Years**  **Inf orm**  **ation Collection Activity**  **Increm ental**  **Burden (hr/activity)**  **No. of Respondents/Frequency Labor**  **Cost ($/hr)**  **Total Hours Total Cost**  **($) Annual** 

**Hours Annual Cost** 

**($) Year**  **1 Year 2**  **Year 3** TIER 1 FLEXIBLE PERMITS Parts 51/52: NSR Regulations

– ov ersight NSR Project

– PSD 1 6 56 56 56 43.17 2, 688 116,041 896 38,680 Minor NSR

– AA 7 105 105 105 43.17 2,205 95,190 735 31,730 NSR Project

– NA NSR 17 14 14 14 43.17 714 30,823 238 10,274 Minor NSR
- NAA 7 105 105 105 43.17 2,205 95,190 735 31,730 PS D avoided (1 in 5 yrs)
- 15 32 64 97 43.17
- 2,898
- 125,107
- 966
- 41,702 NAA NSR avoided (1/5 yrs) - 16 24 48 71 43.17
- 2,285
- 98,635
- 762
- 32,878 Minor NSR avoided ( 5 /yr) 1

- 2 22 78 134 43.17
- 4 68
- 20 , 204
- 15 6
- 6 , 7 35 NSR SUBTOTAL 2,1 61 93, 2 9 8 720 31,0 99 Part 70: Title V Regulations
- oversight Tier 1 Flexible Air Permit
SPM 15 140 140 140 45 6,300 283,500 2,100 94,500 Tier 1 Flexible Air Permit
Permit Renewal 10 140 140 140 45 4,200 189 ,0 00 1,400 63,000 SPM avoided (1 in 5 yrs)
- 8 56 112 168 45
- 2,688
- 120,960
- 896
- 40,320 MPM avoided ( 5 /yr)
- 1 560 1 , 960 3 , 360 45
- 5,880
- 264,600
- 1,960
- 88,200 TITLE V SUBTOTAL 1,932 86,940 644 28,980 TIER 1 TOTAL 4,0 93 180,238 1,364 60,079 TIER 2 FLEXIBLE PERMITS Part 70: Title V Regulations
- over sight Tier 2 Flexible Permit

– new sources 8 5 5 5 45 120 5,400 40 1,800 Tier 2 Flexible Permit

– existing sources
- SPM 10 280 280 280 45 8,400 378,000 2,800 126,000 Tier 2 Flexible Permit

– existing sources
- Permit Renewal 8 279 280 280 45 6,712 302,04 0 2,237 100,680 MPM avoided ( 1 /yr)
- 1 564 1,129 1,694 45
- 3,387
- 152 , 415
- 1,129
- 50,805 TIER 2 TOTAL

– Part 70 1 1,845 533,025 3,948 177,675**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT REGULATION S, THE PART 71 OPERATING PERMIT** 

**REGULATIONS, AND THE PARTS 51 and 52 PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 

41 **Table 16 Agency**  **Burden and Cost, 3**  **- Years**  **Inf orm**  **ation Collection Activity**  **Increm ental**  **Burden (hr/activity)**  **No. of Respondents/Frequency Labor**  **Cost ($/hr)**  **Total Hours Total Cost**  **($) Annual** 

**Hours Annual Cost** 

**($) Year**  **1 Year 2**  **Year 3** PART 71: PERMITTING AUTHORITY ROLE Part 71 permitting for Tier 1 and Tier 2 flexible permits 2

- 1,095
- 49,2 72
- 365
- 16,424 TOTALS BY PROGRAM Parts 51/52: NSR Oversight 2,161 93,298 720 31,099 Part 70: Title V Oversight 3 13,681 615,625 4,560 205,208 Part 71: Permitting authority2

- 1,095
- 49,272
- 365
- 16,424 1 EPA typically reviews only abo ut 4% of minor NSR permits. Thus, the overall number of such permits is multiplied by this factor. 2 S ee Table 15 , footnote 1
. 3 These values are calculated by multiplying the sum of the Tier 1 and Tier 2 burden for EPA oversight of Part 70 programs by th e ratio of Part 70 permits to Part 71 permits (0.993) to determine the actual burden to EPA of such oversight. For Part 71, EPA acts as the permitting authority and incur s no burden for oversight. See the notes on Tables 14 and 15 for explanation of other calculations.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE**

**REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 42 **6.3.3 Bottom**  Tables 6 through 13 display the activities of the parts 70/71 and **Line** parts 51/52 program for flexible permits for sources, permitting **Burden** authorities, and the federal government . Tables 1 4 , 1 5 , and 1 6 display the **Hours and** costs associated with each of these categories. Table 1 7 below **Costs** summarizes the estimated incremental burden and costs for sources,

permitting authorities, and the federal government for implementation of flexible air permitting approaches under the title I NSR Program and the title V Operating Permit Program for the 3 years. Note that the incremental costs are all incremental labor costs associated with the changes in burden hours; none are capital or O&M costs. **Table 1 7**  **Bottom Line B u**  **rden and Costs (Cost Savings), 3 Years Years 1**  **- 3**  **Respondent Total Hours**  **Total Cost** Sources ( 75 2,159 ) ($61

. 7 million) Permitting Authorities ( 593,1 3 5 ) ($ 40.8 million) EPA 14,747 $ 659,651
**6.4 Changes in**  The activities associated with implementing f lexible permits under **the Burden** part s 70 /71 and parts 51/52 represent incremental increases and decreases

in the burdens associated with conventional permitting. Tables 6 through 13 provide , for sources, permitting authorities, and EPA, detailed burden hour increases and decreases by activity
. **6.5 Burden**  Itis impractical to attempt to delineate burden by respondent and activity **Statement** due to uncertainties associated with the number of potential respondents,

the variation in the circumstances for each respondent, and the varied nature of the activities of the program. Following is the apportioned burden for each respondent. This is derived from the total permitting authority hourly burden divided by

the number of permitting authorities, and similarly

for sources.**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE**

**REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 43 **Table 1 8**  **Burden Statem ent**  **Costs (Cost Savings)**
**Num ber of**  **Respondents 3**  **- Year** 

**Total Burden (Cost Savings)**  **3 -**  **Year**

**Burden per Respondent**  **(Cost Savings) Part 70**  Sources 2,516 ($ 7.3 million) ($ 2,9 0 0 ) Permitting Authorities 11 2 ($ 7 million) ($ 6 2, 4 00) Federal 1 $ 615,600 $615,600 **Part 71** Sources 18 ($ 51 , 2 00) ($ 2,8 0 0 ) Federal 1 ($ 49 , 3 00) ($49,300) **Parts 50 and 51** Sources 840 ($ 54
. 4 million) ($ 6 4, 7 00) Permitting Authorities 112 ($ 33
. 7 million) ($ 3 01 , 1 0 0) F ederal 1 $9 3 , 3 0 0 $93, 3 00 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 instructio ns; 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 wi th any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chap ter 15. To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing**INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING PERMIT**

**REGULATION S, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE PARTS 51 and 52**  **PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE**

**REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS** 44 respondent burden, including the use of automated collection techniques, EPA has established a publi c docket for this I CR under Docket ID Number EPA
- HQ
- OAR
- 2004
- 0087 , which is available for online viewing at www.regulations.gov , or in person viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566
- 1744, and the telephone number for the Air and Radiation Docket and Information Center is (202) 566
- 1742 . An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view pub lic comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically . When in the system, select “search,” then key in the Docket ID Number identified above. Als o, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA
HQ
- OAR
- 2004
- 0087 and O MB Control Number 2060
- 0336, 2060
- 0 243, or 2060
- 0003 in any correspondence.