INFORMATION COLLECTION 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

Information Collection Request Numbers:

Part 70 – EPA No. 1587.10; OMB No. 2060-0243

Part 71 – EPA No. 1713.09; OMB No. 2060-0336

Parts 51 and 52 – EPA No. 1230.26; OMB No. 2060-0003

Prepared by:

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

Research Triangle Park, NC 27711

November 2008
i

TABLE OF CONTENTS

1. Identification 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............................................................................................................12

4.2.1 Data Items Submitted...............................................................................................12

4.2.2 Activities..................................................................................................................13

5. The Information Collected - Collection Methodology

and Information Management........................................................................................................16

5.1 Collection Methodology and Management............................................................................16

5.2 Small Entity Flexibility .......................................................................................................16

5.3 Collection Schedule ...............................................................................................................16
ii

TABLE OF CONTENTS

(continued)

6. Estimating the Burden and Cost of the Collection.........................................................................18

6.1 Estimating the Number of Respondents ................................................................................18

6.2 Estimating Burden .................................................................................................................21

6.2.1 Estimating Source Burden .....................................................................................21

6.2.2 Estimating Permitting Authority Burden ...............................................................27

6.2.3 Estimating EPA Burden.........................................................................................31

6.3 Estimating Costs....................................................................................................................34

6.3.1 Estimating Source Costs .......................................................................................34

6.3.2 Estimating Permitting Authority and Agency Costs .............................................35

6.3.3 Bottom Line Burden Hours and Costs...................................................................42

6.4 Changes in the Burden ...........................................................................................................42

6.5 Burden Statement...................................................................................................................42

 
iii

TABLE OF CONTENTS

(continued)

Index of Tables 

Table 1 Industry Sources Likely to Seek Comprehensive Flexible Permits...........................................12

Table 2 Data Items Submitted.................................................................................................................13

Table 3 Activities....................................................................................................................................14

Table 4 Schedule for Data Items Submitted ...........................................................................................17

Table 5 Number of Title V Sources Obtaining a Flexible Permit ..........................................................19

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.................................................................................................................25

Table 8 Source Incremental Burden Hour Reductions by Activity Avoided..........................................26

Table 9 State and Local Permitting Authority Respondent Burden Hours Under Parts 51/52 NSR 

Regulations for Tier 1 Permits in Attainment Areas.................................................................29

Table 10 State and Local Permitting Authority Respondent Burden Hours Under Parts 51/52 NSR 

Regulations for Tier 1 Permits in Nonattainment Areas...........................................................30

Table 11 State and Local Permitting Authority Incremental Burden Hour Reductions by Activity

Avoided .....................................................................................................................................31

Table 12 Agency Burden Hours Under Parts 51/52 NSR Regulations for Tier 1 Permits.......................33

Table 13 Agency Incremental Burden Hour Reductions by Activity Avoided.........................................34

Table 14 Source Burden and Cost, 3-Years..............................................................................................36

Table 15 Permitting Authority Burden and Cost, 3-Years........................................................................38

Table 16 Agency Burden and Cost, 3-Years.............................................................................................40

Table 17 Bottom Line Burden and Costs (Cost Savings), 3-Years...........................................................42

Table 18 Burden Statement.......................................................................................................................43
INFORMATION COLLECTION 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

1

1 Identification of the Information Collection

1.1 Title The title of this Information Collection Request (ICR) is “Information Collection 

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.” This 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 New Source 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 

numbers 1587.10, 1713.09, and 1230.26 because it affects three existing, 

approved collections. Specifically, this ICR modifies the following three

approved collections: ICR No. 1587.07 (OMB Control No. 2060-0243) titled 

“State Operating Permit Regulations (40 CFR part 70);” ICR No. 1713.06 (OMB 

Control No. 2060-0336) titled "Federal Operating Permit Regulations (40 CFR 

part 71);” and ICR No. 1230.23 (OMB Control No. 2060-0003) titled “Prevention 

of Significant Deterioration and Nonattainment New Source Review (40 CFR 

Parts 51 and 52).” The present ICR calculates the incremental burden and cost of 

flexible permits as they relate to the baseline burden and cost estimated across 

these three ICRs.

1.2 Description Historically, title V of the Clean Air Act requires states to develop and implement 

a program for issuing operating permits to all sources that fall under 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 state operating permit programs were codified at 40 CFR part 70 on 

July 21, 1992. In addition, the Act requires EPA to administer an operating 

permit program in any state that fails to develop and operate an acceptable 

program, as well as those areas outside the jurisdiction of any state. 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 Clean Air Act included changes to 

state and federal programs for preconstruction review and permitting of major 

new and modified sources pursuant to part C “Prevention of Significant 

Deterioration” (PSD) and part D “Program Requirements for Nonattainment 
INFORMATION COLLECTION 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

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 finalized the NSR Improvement Rule with regulations for plantwide 

applicability limits (PALs), 67 FR 80186. The Act also requires states 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, discussions and 

recommendations from the public and stakeholders, the EPA is revising

regulations in the operating permits program to facilitate use of these flexible 

permitting techniques. This rulemaking makes several changes to the operating 

permits program by:

 Adding a definition and clarifying 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 replicable 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 permit revisions.

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 ICR, include 

those activities that EPA estimates represent incremental increases and decreases 

in burden associated with flexible permitting.

Parts 70 and 71

 Flexible permitting sources applying for permit renewal

 Permitting authorities and EPA renewing permits

 Newly subject flexible permitting sources submitting permit applications

 Permitting authorities and EPA reviewing applications for new permits

 Flexible permitting sources working with permitting authorities and EPA to 

prepare draft permits

 EPA reviewing new or renewal permits issued by permitting authorities
INFORMATION COLLECTION 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

3

 Permitting authorities and EPA collaborating to support sources in the 

development of their permits

 Flexible permitting sources not needing to submit applications for permit 

revisions

 Permitting authorities and EPA not needing to process permit revisions

Parts 51 and 52

 Flexible permitting sources applying for PSD or NA NSR permits

 Permitting authorities and EPA reviewing flexible permitting sources’

applications for PSD and NA NSR permits

 Flexible permitting sources applying for minor NSR permits including 

advance approvals and/or plantwide applicability limitations (PALs)

 Permitting authorities reviewing flexible permitting sources’ applications for 

minor NSR permits including advance approvals and/or PALs

 Flexible permitting sources not needing to apply for minor NSR permits

 Permitting authorities not needing to process minor NSR permits

 Flexible permitting sources avoiding subsequent PSD and NA NSR permits 

during the permit term

 Permitting authorities and EPA avoiding processing 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 I and 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 ICR to be approximately $7.3 million. This represents the direct 

administrative cost savings for an estimated 2,516 sources of approximately

$2,900 per source or 77 hours per source during the period of this ICR. 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 ICR to permitting authorities to be 

approximately $7 million, or $2,800 in cost savings due to 62 fewer burden hours 

per source (or $62,400 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 ICR of 

approximately $615,600, or $245 attributable to approximately 5 hours more 

worked per source.
INFORMATION COLLECTION 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

4

The Agency anticipates total direct cost savings to subject sources attributable to 

the changes to the part 71 permit program for flexible air permits for the 3 years of

the ICR to be approximately $51,200. These represent the direct administrative 

cost savings for an estimated 18 sources, or approximately $2,800 per source 

during the period of this ICR or 76 hours saved per source. Under the part 71 

program, EPA is the only permitting authority. In this function, the Agency

estimates the federal cost savings of the changes to the part 71 permit program for 

flexible air permits for the 3 years of the ICR to be approximately $49,300, or

$2,700 in cost savings due to 61 fewer burden hours per source (or $49,300 cost 

savings attributable to 1,095 hours saved by the single federal permitting 

authority).

The Agency anticipates total direct cost savings to subject sources attributable to 

the changes to the parts 51 and 52 PSD/NSR program for flexible air permits for 

the 3 years of the ICR to be approximately $54.4 million. These represent the 

direct administrative costs for the estimated 840 sources, or approximately

$64,700 in cost savings per source during the period of this ICR, or 663 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 ICR to permitting authorities to be approximately $33.7 million, or $40,100 in 

cost savings attributable to 520 fewer burden hours per source (or $301,100

attributable to 3,899 fewer hours worked per permitting authority). The Agency

estimates federal costs for changes to the parts 50 and 51 PSD/NSR program for 

the 3 years of the ICR will be approximately $93,300 to review minor and major 

NSR permits during the term of this ICR, or $111 in costs attributable to about 

3 more burden hours per source (or $93,300 attributable to 2,161 more hours 

worked by the Agency, which is the lone federal entity). 
INFORMATION COLLECTION 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

5

2 Need and Use of the Collection

2.1 Need/Authority In implementing title V of the Act and EPA’s part 70 operating permits 

for the regulations, state and local permitting authorities must develop programs

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 year after approval of the program 

by EPA (section 503). Permitting authorities will then issue permits 

(section 503(c)) and thereafter enforce, revise, and renew those permits at 

least every 5 years (section 502(b)(5)). Permit applications and proposed 

permits will be provided to, and are subject to review by, EPA (section 

505(a)). The permit and all information submitted by a source shall be 

available for public review except for confidential information, which will 

be protected from disclosure (section 503(e)), and the public shall be given 

public notice of, and an opportunity for comment on, permit actions 

(section 502(b)(6)). Sources will submit monitoring reports semi-annually

and compliance certification reports annually to the permitting authorities 

(section 503(b)(2)). The EPA has the responsibility to oversee 

implementation of the program (section 502(c)). 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 states 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 parts 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 part 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 states 

assure that new minor sources and minor modifications do not cause or 

contribute to violation of the NAAQS. This ICR will address the 

incremental burden and 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 

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

6

2.2 Practical The burden estimates included in this ICR include the total incremental

Utility/Users of burden of implementing the parts 70 and 71 operating permits programs

the Data and parts 51/52 NSR program for flexible air permits. For the 3-year 

period covered by this ICR, all state part 70 operating permit programs 

(including those portions of states for which an operating permits program 

is being implemented by a local agency) have been submitted to EPA and 

have been granted full approval. The EPA part 71 program covers Indian 

country sources, sources on the Outer Continental Shelf, and Deep Water 

Port sources. All state and local agencies have approved minor NSR and 

NA NSR programs, but several states have not developed PSD programs; 

these states have been delegated authority to implement the federal PSD 

program of part 52 (referred to as “delegated states”). The EPA 

implements the part 52 PSD program in Indian country.

In the final rulemaking we are making no changes to the NA NSR or PSD 

rules. We believe that no state and local agencies will need to revise their 

title I NA NSR or PSD programs to begin issuing permits for major NSR 

projects as discussed in the final preamble, to the extent that they wish to 

do so. Based on our experience with flexible permit pilots, we anticipate 

that all permitting authorities will be able 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 authority 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 

opportunity 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 ICR is based upon the best data sources 

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 necessitated 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 

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

7

should not consider the conclusions to be an exact representation of the 

level of burden or cost that will occur during the 3 years of this ICR. 

Instead, this ICR 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 years. 

Throughout this ICR, the reader will observe estimated values that show 

accuracy to the single hour or dollar. Because this ICR estimates the 

expected impact of the flexible air permitting approaches on the operating 

permit and NSR programs, reporting values at the single unit value may be 

misleading. In most situations, the proper way to present estimated data 

would be to determine an appropriate level of precision and truncate 

values accordingly, usually in terms of thousands or millions of units. To 

avoid the loss of information through rounding, however, this ICR reports 

all values at the single unit level and reminds the reader that there is no 

implied precision inherent in this style of reporting of the impact the 

flexible air permitting approach of the operating permit and NSR programs 

will have over the next 3 years.

Finally, readers should note that many of the increases in burden under the 

rulemaking will occur in the first 3 years of implementation, which are 

covered by this ICR, while many of the decreases in burden will continue 

beyond the period covered by this ICR. Consequently, this ICR 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 

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

8

3 Non-Duplication, Consultation, and Other Collection Criteria

3.1 Non-Duplication While much of the information requested under this ICR 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 source into one 

document. The intent of this compilation is to (1) resolve any questions of 

applicability at the time of permit issuance, (2) provide certainty to sources 

as to their obligations, and (3) provide the public access to a source's 

obligations and compliance status. The Agency has no leeway to not 

require such previously existing information under this ICR since 

consolidation of the information into the operating permit and providing 

public access is the whole purpose of the statute. 

The information 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 (EIS). In such cases, regulations and 

policies require that information collected for EISs 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 states 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

Requirements Register on September 12, 2007 (72 FR 52206). A 30-day public 

comment period was provided for this ICR, during which all affected 

parties were given the opportunity to comment on the burden analysis. No 

comments on the ICR were received.

3.3 Consultations In preparing this ICR, EPA relied on information gathered for developing 

ICR No. 1587.07 titled “Information Collection Request for State 

Operating Permit Regulations (40 CFR Part 70);” ICR No. 1713.06 titled 

“Information Collection Request for Part 71 Federal Operating Permit 

Regulations;” and ICR No. 1230.23 titled “Information Collection Request 

for Prevention of Significant Deterioration and Nonattainment New 

Source Review (40 CFR Part 51 and 52).” The EPA also employed 

information obtained from 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 

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

9

3.4 Effects of Less In general, the information collections included in this ICR 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 years and one to five minor 

modifications 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 years. See section 6.3 of this ICR for 

more information on these estimates.

3.5 General 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 compliance monitoring are required by section 503(e) of the 

Act to be subject to public review at all times. Section 70.4(b)(3)(viii) 

requires the permitting authority to make available to the public any

permitting information except that entitled to protection from disclosure 

under section 114(c) of the Act. Protected information may be required to 

be submitted directly to EPA. Such information will be stored in EPA’s 

Confidential Business Information office. 

3.7 Sensitive The consideration of sensitive questions (i.e., sexual, religious, personal or

Questions other private matters) is not applicable to the NSR or operating permit 

programs. 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 

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

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 permit.

All states are required by title V to develop a part 70 operating permits 

program. In many instances, local agencies administer a program in their 

jurisdiction in lieu of the state and are thereby subject to the same program 

requirements as states. In total, there are 112 state, territorial, and local 

agencies administering operating permits programs. Approximately

twelve PAs 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 country 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 major 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 

projects 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 permitting techniques, such as alternative operating 

scenarios (AOSs) and approved replicable methodologies (ARMs) that do 

not involve NSR.

When the period covered by this ICR begins, EPA estimates that there will 

be 16,668 sources subject to state and local part 70 programs.1 The EPA 

estimates that there are 123 part 71 sources.2This results in an estimated 

total of 16,791 title V sources (i.e., the sum of part 70 and part 71 

sources). 

To determine the overall number of major sources likely to benefit from a 

flexible permit, EPA conducted the following analysis. From the National 

 

1

United States Environmental Protection Agency. Information Collection Request for Part 70 Operating 

Permit Regulations. ICR No. 1587.07. April 2007, page 14.

2

United States Environmental Protection Agency. Information Collection Request for Part 71 Federal 

Operating Permit Regulations. ICR No. 1713.06. April 2007, page 11.
INFORMATION COLLECTION 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

11

Emission Inventory (NEI) database, we identified approximately

3,500 sources that both match the SIC 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 SIC codes in Table 1 based on 

the types 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 sources 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 an NSR 

project or minor NSR advance approval. We further estimate that an 

additional 20 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 types of flexible permits under the 

existing regulatory framework. Accordingly, for the purposes of this ICR 

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 additional 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 used 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 

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

12

Table 1

Industry Sources Likely to Seek Comprehensive Flexible Permits

Industry Group SIC NAICS

Aerospace Manufacturing 372 336411, 336412, 332912, 336411, 335413

Automobile Manufacturing 371 336111, 336112, 336712, 336211, 336992, 336322, 336312, 

33633, 33634, 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, 322291, 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, 323111, 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 ICR reflects all information 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 permitting 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 lists 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 

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

13

Table 2

Data Items Submitted

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 Application

NA NSR Application

Permitting 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 

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

14

Table 3

Activities

Citation Activities Relevant Under Traditional 

Permitting Scenario

Activities Relevant Under Flexible Permitting 

Scenario

Sources

Parts 70/71

Permit Application Permit Application

Draft Permit Preparation Draft Permit Preparation

Permit Renewal Permit Renewal

Significant Permit Modifications Significant Permit Modifications

Minor Permit Modifications

Parts 51/52

Minor NSR Minor NSR

PSD PSD 

NA NSR NA NSR

Permitting Authorities

Part 70

Permit Application Review Permit Application Review

Draft Permit Preparation Draft Permit Preparation

Permit Renewal Preparation 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 applications

Review of PSD permit applications

Review of NA NSR permit applications
INFORMATION COLLECTION 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

15

Table 3

Activities

Citation Activities Relevant Under Traditional 

Permitting Scenario

Activities Relevant Under Flexible Permitting 

Scenario

EPA

Part 70

Proposed Permit Review Proposed Permit Review

Interaction with Permitting Authorities Interaction with Permitting Authorities

Review of Significant Permit Modifications 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 

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

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 by permitting authorities.

5.2 Small Entity EPA anticipates that small entities will not be seeking flexible air permits. 

Flexibility Therefore, in accordance with the analytical requirements established 

under the Regulatory Flexibility Act (RFA) and the Small Business 

Regulatory Enforcement Fairness Act (SBREFA), the Agency has 

determined that there are no adverse effects to be identified vis a vis small 

entities and small businesses. 

5.3 Collection Table 4 below lists the items identified in section 4.2.1 and their schedule

Schedule for submission.
INFORMATION COLLECTION 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

17

Table 4

Schedule for Data Items Submitted

Citation Data Item Schedule Recipient(s)

Sources

Part 70

Application for permits and 

permit renewals

New permit applications: within one year 

after a source becomes subject to the 

program.

Permit renewal applications: at least six 

months 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 

NSR Application Authorities

Permitting 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 

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

18

6 Estimating 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 Islands, 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 state 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 ICRs. The EPA 

estimates that 5 percent of the total 16,791 existing 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-year ICR 

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) an 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 further estimate that an additional 10 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-year ICR period.
INFORMATION COLLECTION 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

19

 

Table 5

Number of Title V Sources Obtaining a Flexible Permit

Year

TIER 1 TIER 2

NSR Projects Minor NSR Total

Total Tier 1 Existing 

Sources New Sources Total Tier 2

PSD NA NSR AAs1 NAAs2

1 56 14 105 105 280 559 5 564 844

2 56 14 105 105 280 560 5 565 845

3 56 14 105 105 280 560 5 565 845

TOTAL 168 42 315 315 840 1,679 15 1,694 2,534

1 Sources in attainment areas.

2

Sources in nonattainment area.
INFORMATION COLLECTION 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

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 type.

 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 projects less attractive in nonattainment areas.

 Of the minor 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 nonattainment 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 types will be issued in equal numbers in 

each year covered by the ICR.

 Based on the preceding assumptions, EPA estimates that there will 

be 280 Tier 1 permits issued in each year covered by this ICR. Of 

these, 70 will be major NSR project permits (56 PSD permits and 

14 NA NSR permits) 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 years covered by this ICR:

 Of the 16,791 existing sources subject to title V at the outset of the 

3-year period covered by this ICR, 10 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 15 over the 3-year period of the ICR).

 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 ICR.
INFORMATION COLLECTION 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

21

 Based on the preceding assumptions, EPA estimates that will be 

about 564 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 associated with flexible air

Source permit preparation and applications, 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 estimated 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 of the NSR permitting burden associated with such 

permits are presented in Tables 6 and 7. As shown in the tables, for 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 typical 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 

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

22

In addition to the NSR permitting burden, we estimate that each source 

will incur an incremental burden to add the NSR permit terms and 

conditions 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. (We believe it unlikely that new 

sources will pursue Tier 1 permits since new sources typically are 

permitted and built to handle foreseeable growth.) The current burden 

assigned to an SPM is 80 hours,5but we believe that 120 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 years 

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 –

approximately 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 minor NSR permit necessitates 

an MPM for a variety of reasons. Some permitting authorities have 

implemented "merged programs" that accomplish NSR and title V 

requirements in a single permit action. In addition, 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. Lastly, 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 

type 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 

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

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 decreases 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 flexible permit, we estimate that it avoids one MPM per 

year.

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 flexible 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 

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

24

Table 6

Source Respondent Burden Hours Under Parts 51/52 NSR Regulations for Tier 1 Permits

in Attainment Areas

Activity

Current 

Burden per 

PSD Permit1

Burden per 

NSR Project

PSD Permit

Burden per 

Minor NSR/ 

PAL/Cap 

Permit

Preparation and Planning

 Determination of Compliance Requirements 170 170 130

 Obtain Guidance on Data Needs 120 120 90

 Preparation of BACT Engineering Analysis 102 153 40

Data Collection and Analysis

 Air Quality Modeling 200 200 50

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 20

TOTAL 866 932 404

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. 1230.23. 2008, page 

17.
INFORMATION COLLECTION 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

25

Table 7

Source Respondent Burden Hours Under Parts 51/52 NSR Regulations for Tier 1 Permits

in Nonattainment Areas

Activity

Current 

Burden per 

NA NSR

Permit1

Burden per 

NSR Project

NA NSR

Permit

Burden per 

Minor NSR/ 

PAL/Cap 

Permit

Preparation and Planning

 Determination of Compliance Requirements 150 150 115

 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 130 130 20

Permit Application

 Preparation and Submittal of Permit Application 49 49 38

 Public Hearings 25 40 25

 Revisions to Permit 24 24 12

TOTAL 642 657 305

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. 1230.23. 2008, 

page 17.
INFORMATION COLLECTION 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

26

Table 8

Source Incremental Burden Hour Reductions by Activity Avoided

Activity Avoided Current 

Burden1, 2

Flexible 

Permitting 

Burden 

Incremental 

Burden

Reduction

Parts 70/71: Operating Permit Regulations

Significant Permit Modification 80 0 -80

Minor Permit Modification 40 0 -40

Parts 51/52

Minor NSR Permit 40 (8 to 120) 0 -120

PSD Permit 866 0 -866

NA NSR Permit 642 0 -642

1

Parts 70/71 current burdens from Information Collection Request for Part 70 Operating Permit 

Regulations. ICR No. 1587.07. United States Environmental Protection Agency. April 2007, 

page 11.

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. 1230.17. United States Environmental Protection Agency. 2008, pages 11 and 17.

Additional assumptions or purposes of estimating burden reductions:

 Sources with Tier 1 permits avoid one major NSR permit and one 

associated SPM per 5 years. For purposes of the 3 years covered by

this ICR, 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 the first year under this ICR, 

60 percent will avoid a major NSR permit and SPM over the course of 

the 3 years covered by this ICR (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 years covered by this ICR.

 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. For 

sources with Tier 2 permits, we assume that they avoid 1 MPM each 

year, including the year that they receive the permit.
INFORMATION COLLECTION 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

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 permit 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 types of such NSR permits – NSR project PSD 

permits, 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 90 hours, and we estimate 

90 hours for an SPM to address a Tier 1 permit. We estimate an 

incremental burden of 60 hours for 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 Tier 1 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.

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 sources and, therefore, their 

permitting authorities. See Table 11 for our estimate of the incremental 

burden reduction for permitting authorities when each type of permit is 

avoided. The same assumptions regarding the timing of burden reductions 
INFORMATION COLLECTION 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

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 SPM (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 typically 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 types 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 state and local permitting 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 

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

29

Table 9

State and Local Permitting Authority Respondent Burden Hours Under Parts 51/52 NSR Regulations for 

Tier 1 Permits in Attainment Areas

Activity

Current 

Burden per 

PSD 

Permit1

Burden per 

NSR 

Project PSD 

Permit

Burden per 

Minor NSR/ 

PAL/Cap 

Permit

Attend Preapplication Meetings 36 45 30

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 38 48 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 48 60 40

Notification of Applicant of PA Determination 8 8 8

Submittal of Information on BACT / LAER to RBLC 19 19 0

TOTAL 301 361 235

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. 1230.23. 2008, page 18.
INFORMATION COLLECTION 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

30

Table 10

State and Local Permitting Authority Respondent Burden Hours Under Parts 51/52 NSR Regulations for 

Tier 1 Permits in Nonattainment Areas

Activity

Current 

Burden per 

NA NSR 

Permit1

Burden per 

NSR 

Project NA 

NSR Permit

Burden per 

Minor NSR/ 

PAL/Cap

Permit

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 Completed Applications for Processing 16 20 12

File and Transmit Copies 4 4 4

Prepare Preliminary Determination 10 13 8

Prepare Notices for and Attend Public Hearings 18 33 18

Application Approval 21 26 16

Notification of Applicant of PA Determination 2 2 2

Submittal of Information on BACT / LAER to RBLC 21 21 0

TOTAL 127 158 87

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. 1230.23. 2008, page 18
INFORMATION COLLECTION 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

31

Table 11

State and Local Permitting Authority Incremental Burden Hour Reductions by Activity 

Avoided

Activity Avoided Current 

Burden1, 2

Flexible 

Permitting 

Burden 

Incremental 

Burden 

Reduction

Part 70: Operating Permit Regulations

Significant Permit Modification 90 0 -90

Minor Permit Modification 30 0 -30

Parts 51/52

Minor NSR Permit 30 (6 to 90) 0 -90

PSD Permit 301 0 -301

NA NSR Permit 127 0 -127

1

Parts 70/71 current burdens from Information Collection Request for Part 70 Operating Permit 

Regulations. ICR No. 1587.07. United States Environmental Protection Agency. April 2007, 

page 18.

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. 1230.23. United States Environmental Protection Agency. 2008, pages 11 and 18.

6.2.3 Estimating The EPA provides oversight to the NSR program, reviewing major 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 oversight to the state 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. In addition, EPA typically

consults with permitting authorities during development of about 

25 percent of SPMs. We estimate that for Tier 1 permits such 

consultations will require 12 hours (versus 8 hours for a typical SPM). 

Thus, consultations will average about 3 hours 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 

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

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 burden reduction for EPA when each type 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 estimate 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 consultation). 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. 

In addition 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 

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

33

years covered by this ICR, and approximately 12 (i.e., 10 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 Permits

Activity

Current 

Burden per 

Major NSR 

Permit1

Burden per 

NSR 

Project

Permit

Burden per 

Minor NSR/ 

PAL/Cap 

Permit

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 15 16 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 16 17 7

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. 1230.23. 2008, page 19
INFORMATION COLLECTION 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

34

Table 13

Agency Incremental Burden Hour Reductions by Activity Avoided

Activity Avoided Current 

Burden1, 2

Flexible 

Permitting 

Burden 

Incremental 

Burden 

Reduction

Part 70: Operating Permit Regulations

Significant Permit Modification 8 0 -8

Minor Permit Modification 1 0 -1

Parts 51/52

Minor NSR Permit32 0 -2

PSD Permit 15 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. 1587.07. United States Environmental Protection Agency. April 2007, 

page 18.

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. 1230.23. United States Environmental Protection Agency. January 2008, page 19.

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 ICR 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 ICR 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 hourly wages are as follows:

 Part 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 

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

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 ICRs 

affected by this rulemaking. Thus, the incremental capital 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 14 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 permitting authority wage rates estimated in the 

Authority respective approved collections. Similarly, we adopt the labor rates for 

and Agency EPA used in each of these existing, approved ICRs. These rates are as 

Costs follows:

 Part 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 not

affect 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 15 and 

16 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 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

36

Table 14

Source Burden and Cost, 3-Years

Information Collection 

Activity

Incremental 

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 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 305 105 105 105 97.61 96,075 9,377,881 32,025 3,125,960

PSD avoided (1 in 5 yrs)1-866 32 64 97 97.61 -167,138 -16,314,340 -55,713 -5,438,113

NAA NSR avoided (1 in 5 

yrs)2 -642 24 48 71 97.61 -91,806 -8,961,184 -30,602 -2,987,061

Minor NSR avoided (5/yr)3-120 560 1,960 3,360 97.61 -705,600 -68,873,616 -235,200 -22,957,872

NSR SUBTOTAL -557,039 -54,372,577 -185,680 -18,124,192

Parts 70/71: Title V Regulations

Tier 1 Flexible Air PermitSPM 120 140 140 140 38 50,400 1,915,200 16,800 638,400

Tier 1 Flexible Air PermitPermit 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 -735,119 -61,139,617 -245,040 -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 -1,716,080

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 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

37

Table 14

Source Burden and Cost, 3-Years

Information Collection 

Activity

Incremental 

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 -557,039 -54,372,577 -185,680 -18,124,192

Parts 70/71: Title V Regulations -195,120 -7,320,060 -65,040 -2,440,020

Part 70 alone7-193,754 -7,268,820 -64,585 -2,422,940

Part 71 alone7-1,366 -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. Thus, 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, which 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 

example, in Year 3 the 280 sources that received Tier 1 permits in Year 1 avoid 1,400 minor NSR permits, the 280 sources that received 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 (123/16,791 = 0.007) to apportion the total for parts 70/71 to part 70 and part 71.
INFORMATION COLLECTION 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

38

Table 15

Permitting Authority Burden and Cost, 3-Years

Information Collection 

Activity

Incremental 

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 235 105 105 105 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 -58,093 -4,485,941 -19,364 -1,495,314

NAA NSR avoided (1/5yrs) -127 24 48 71 77.22 -18,136 -1,400,431 -6,045 -466,810

Minor NSR avoided (5/yr) -90 560 1960 3360 77.22 -529,200 -40,864,824 -176,400 -13,621,608

NSR SUBTOTAL -436,715 -33,723,132 -145,572 -11,241,044

Parts 70/71: Title V Regulations

Tier 1 Flexible Air PermitSPM 90 140 140 140 45 37,800 1,701,000 12,600 567,000

Tier 1 Flexible Air PermitPermit 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 -580,355 -40,186,932 -193,452 -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 60 280 280 280 45 50,400 2,268,000 16,800 756,000

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 1,129 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 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

39

Table 15

Permitting Authority Burden and Cost, 3-Years

Information Collection 

Activity

Incremental 

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 -436,715 -33,723,132 -145,572 -11,241,044

Parts 70/71: Title V Regulations -156,420 -7,038,900 -52,140 -2,346,300

Part 70 alone -155,325 -6,989,628 -51,984 -2,329,876

Part 71 alone1-1,095 -49,272 -365 -16,424

1 These values represent EPA burden and costs in its role as the part 71 permitting authority. It is calculated 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 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

40

Table 16

Agency Burden and Cost, 3-Years

Information Collection 

Activity

Incremental 

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 – oversight

NSR Project – PSD 16 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

PSD 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 -468 -20,204 -156 -6,735

NSR SUBTOTAL 2,161 93,298 720 31,099

Part 70: Title V Regulations - oversight

Tier 1 Flexible Air PermitSPM 15 140 140 140 45 6,300 283,500 2,100 94,500

Tier 1 Flexible Air PermitPermit Renewal 10 140 140 140 45 4,200 189,000 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 4,093 180,238 1,364 60,079

TIER 2 FLEXIBLE PERMITS

Part 70: Title V Regulations - oversight

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 6,712 302,040 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 11,845 533,025 3,948 177,675
INFORMATION COLLECTION 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

41

Table 16

Agency Burden and Cost, 3-Years

Information Collection 

Activity

Incremental 

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 permits2-1,095 -49,272 -365 -16,424

TOTALS BY PROGRAM

Parts 51/52: NSR Oversight 2,161 93,298 720 31,099

Part 70: Title V Oversight313,681 615,625 4,560 205,208

Part 71: Permitting authority2-1,095 -49,272 -365 -16,424

1 EPA typically reviews only about 4% of minor NSR permits. Thus, the overall number of such permits is multiplied by this factor.

2

See 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 the 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 incurs 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 

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

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 14, 15, and 16 display the 

Hours and costs associated with each of these categories. Table 17 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 17

Bottom Line Burden and Costs (Cost Savings), 3 Years

Years 1-3

Respondent Total Hours Total Cost

Sources (752,159) ($61.7 million)

Permitting Authorities (593,135) ($40.8 million)

EPA 14,747 $659,651

6.4 Changes in The activities associated with implementing flexible permits under 

the Burden parts 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 It is 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 

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

43

Table 18

Burden Statement

Costs (Cost Savings)

Number of 

Respondents

3-Year

Total Burden

(Cost Savings)

3-Year

Burden per 

Respondent

(Cost Savings)

Part 70

Sources 2,516 ($7.3 million) ($2,900)

Permitting Authorities 112 ($7 million) ($62,400)

Federal 1 $615,600 $615,600

Part 71

Sources 18 ($51,200) ($2,800)

Federal 1 ($49,300) ($49,300)

Parts 50 and 51

Sources 840 ($54.4 million) ($64,700)

Permitting Authorities 112 ($33.7 million) ($301,100)

Federal 1 $93,300 $93,300

Burden means the total time, effort, or financial resources expended by

persons to generate, maintain, retain, or disclose or provide information 

to or for a federal agency. This includes the time needed to review 

instructions; develop, acquire, install, and utilize technology and systems 

for the purposes of collecting, validating, and verifying information, 

processing and maintaining information, and disclosing and providing 

information; adjust the existing ways to comply with any previously

applicable instructions and requirements; train personnel to be able to 

respond to a collection of information; search data sources; complete and 

review the collection of information; and transmit or otherwise disclose 

the information. An agency may not conduct or sponsor, and a person is 

not required to respond to, a collection of information unless it displays a 

currently valid OMB control number. The OMB control numbers for 

EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. 

To comment on the Agency's need for this information, the accuracy of the 

provided burden estimates, and any suggested methods for minimizing 
INFORMATION COLLECTION 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

44

respondent burden, including the use of automated collection techniques, 

EPA has established a public docket for this ICR under Docket ID Number

EPA-HQ-OAR-2004-0087, 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 

public comments, access the index listing of the contents of the public 

docket, and to access those documents in the public docket that are 

available electronically. When in the system, select “search,” then key in 

the Docket ID Number identified above. Also, you can send comments to 

the Office of Information and Regulatory Affairs, Office of Management 

and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: 

Desk Officer for EPA. Please include the EPA Docket ID Number EPAHQ-OAR-2004-0087 and OMB Control Number 2060-0336, 2060-0243, 

or 2060-0003 in any correspondence.