1

Part A of the Supporting Statement

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

This Information Collection Request (ICR) is entitled "Application Requirements for the 

Approval and Delegation of Federal Air Toxics Programs to State, Territorial, Local, and Tribal 

Agencies" and numbered as EPA ICR Number 1643.07 and Office of Management and Budget 

(OMB) Control Number 2060-0264. This is a revision of OMB-approved EPA ICR Number 

1643.06.

1(b) Short Characterization

This information collection is an application from State, territorial, local, or tribal agencies 

(S/L/Ts) for delegation of regulations developed under section 112 of the Clean Air Act (Act). In 

the time frame for this submittal, we, the Environmental Protection Agency (EPA) estimate that 

the majority of the delegated regulations will be those developed under section 112(d) of the Act. 

The procedures and requirements that the S/L/Ts will use to request the delegations are codified 

as 40 CFR 63, subpart E, in accordance with section 112(l) of the Act. 

The subpart E regulations contain the following five options for delegation: 

• Straight delegation

• Rule adjustment

• Rule substitution

• Equivalency by permit

• State program approval.

Straight delegation is the option where the respondents, S/L/Ts, choose to accept delegation of a 

section 112 provision and to implement and enforce the provision as written. The S/L/Ts may use 

the rule adjustment option when they want to substitute a rule and/or requirement that is 

unequivocally no less stringent than the otherwise applicable section 112 standard, such as part 63 

national emission standards for hazardous air pollutants (NESHAP). They may use rule 

substitution when they wish to substitute individual rules and/or requirements in place of the 

otherwise applicable section 112 standard. They may use the equivalency by permit option when 

they wish to substitute operating permit terms and conditions for a section 112 standard; this 

option is only applicable to a limited number of sources using title V permit terms and conditions. 

Finally, S/L/Ts may use the State program approval option if they want to substitute their overall 

air toxics program for the Federal air toxics program; i.e., the section 112(d) standards.

The delegation options vary in the types of changes allowed, the level of demonstration 

required, and the amount of time and process needed to implement them. Respondents must 

submit any packages requesting delegation to their EPA Regional office. We must then review 

and approve, partially approve, or disapprove the request based on the subpart E approval criteria. 
2

The request may only take effect after our approval (or partial approval of a subset of the request), 

public notice, and, in some cases, public comment. 

Subpart E also contains provisions for delegating accidental release prevention program 

authorities (40 CFR part 68) under the authority of section 112(r) of the Act. In addition, we also 

reserve the right to review and withdraw an approved S/L/T rule, program, or requirement if we 

decide it is not as stringent as the otherwise applicable Federal standard or if the S/L/T is failing 

to adequately implement or enforce it. Subpart E includes the procedures for this the review and 

withdrawal process.

OMB approved the currently active ICR without any “Terms of Clearance.” 

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need / Authority for the Collection

The information is needed and used to determine if the entity submitting an application 

has met the criteria established in the subpart E rule. This information is necessary for the 

Administrator to determine the acceptability of approving the S/L/T’s rules, requirements, or 

programs in lieu of the Federal section 112 rules or programs. The collection of information is 

authorized under 42 U.S.C. 7401-7671q.

2(b) Practical Utility / Users of the Data

This information is necessary for the proper performance of our functions. The 

information will have practical utility because we will use the information generated from the 

collection to ensure that the subpart E approval criteria have been met.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Nonduplication

This information collection is not unnecessarily duplicative of information otherwise 

reasonably accessible to us. Rather, for instances where other reports required by us would 

duplicate information required by this rule (for example, the part 70 operating permits rule), it is 

possible to use information previously submitted to the EPA to meet the requirements of this 

information collection.

3(b) Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR was published 

in the Federal Register on October 20, 2010 (75 FR 64722). No comments were received on the 

burden published in the Federal Register.

3(c) Consultations
3

The final rule amendments for subpart E were promulgated on September 14, 2000 (65 FR 

55810). Since then, we have gained extensive experience in working with the S/L/Ts in 

delegating section 112(d) NESHAP. We have consulted with knowledgeable EPA staff in the 

Office of Air Quality Planning and Standards (OAQPS), and Office of Enforcement and 

Compliance (OECA) as well as each of the EPA Regional Office Air Toxics Coordinators to 

assess their experience in the type of delegations used by the S/L/Ts, the overall number of 

delegations granted, and the level of effort expended. We used this information to prepare this 

ICR renewal package.

3(d) Effects of Less Frequent Collection

Applicants are only required to submit information when they wish to receive delegation 

of a promulgated section 112 standard. Subpart E specifies the minimum information we require 

to determine whether their request is approvable. The rule clarifies that the respondent only needs 

to submit material demonstrating it meets the up-front approval requirements one-time, unless 

circumstances change at the S/L/T, which would require an updated submittal.

The intent of this voluntary program is to encourage S/L/Ts to accept delegation of the 

Federal section 112 standards, and to allow them to adjust or substitute S/L/T requirements when 

they can be shown to be at least as stringent as the Federal requirements. These provisions for 

alternatives will help preserve existing S/L/T programs and prevent dual regulation of sources. 

We also reserve the right to review and withdraw an approved S/L/T rule, program, or 

requirement if we decide it is not as stringent as the otherwise applicable Federal standard or if 

the S/L/T is failing to adequately implement or enforce it. In this case, the S/L/T would be asked 

to submit information regarding permits, monitoring, resources, etc. We will use this information 

to decide if the rule, program, or requirement should be withdrawn. Our ability to review and 

withdraw approval is needed to ensure we can satisfy our obligations under the Act to implement 

and enforce the section 112 standards.

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations 

promulgated by OMB under 5 CFR part 1320, section 1320.5.

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made will 

be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, subpart B -

Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; 

amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, 

March 23, 1979).

3(g) Sensitive Questions
4

The reporting or recordkeeping requirements in the standard do not include sensitive 

questions.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents / SIC Codes

Respondents are S/L/Ts participating in this voluntary program. These government 

establishments are classified as Air and Water Resource and Solid Waste Management Programs 

under Standard Industrial Classification (SIC) code 9511 and North American Industry

Classification System (NAICS) code 92411. No industries under any SIC or NAICS codes will 

be included among respondents.

4(b) Information Requested

(i) Data Items, Including Recordkeeping Requirements

The information requirements will vary depending upon the type of option an S/L/T 

chooses for accepting delegation of the Federal standards. The information requirements are as 

follows:

For overall approval to receive delegation (§63.91) 

• Confirmation letter from the State Attorney General.

• Demonstration of respondent’s resources.

• Copy of the respondent’s statutes, regulations and other requirements that contain 

appropriate provisions granting authority to implement and enforce the respondent’s rule 

or program upon approval us.

• Respondent’s implementation schedule.

• Respondent’s compliance plan.

• Respondent’s enforcement plan.

Once respondents have demonstrated they meet the overall approval criteria, they may

request straight delegation (§63.91) of the unchanged section 112 standards. This request may

be automatic, i.e., the overall delegation established that the respondent agreed to accept 

delegation of all future NESHAP. Alternatively, the overall delegation may establish a procedure 

where the respondent requests delegation of individual standards when they are promulgated. 

Respondents choosing to utilize any of the other options to demonstrate the equivalency of their 

requirements to the Federal requirements must supply the following information:

For the rule adjustment option (§63.92):

• Stringency and compliance demonstration.

For the rule substitution option (§63.93):
5

• Demonstration of S/L/T rule equivalency with the otherwise applicable Federal standard.

For the equivalency by permit option (§63.94):

• A list of affected sources and standards within the respondent’s jurisdiction.

• Draft permit terms and conditions.

• Demonstration of the equivalency of S/L/T permit terms and conditions to the otherwise 

applicable Federal standard.

For the State program approval option (§63.97):

• Source categories for submission within the respondent’s jurisdiction.

• Description of enforcement measures for area sources (if the otherwise applicable Federal 

standard applies to area sources).

• Collection of the respondent’s rules, regulations, permits, implementation plans, or other 

enforceable mechanisms.

• Equivalency demonstration of respondents’ alternative rules to the otherwise applicable 

Federal standard.

For the accidental release prevention program (§63.95):

• Demonstration of adequate resources.

• Demonstration of adequate enforcement authority.

• Description of coordination mechanisms.

We also have the option of withdrawing a program if we decide that the S/L/T is not 

properly implementing its rule or program in lieu of the otherwise applicable Federal standard. 

Under the EPA review and withdrawal option (§63.96), the respondents must submit the 

following:

• Information regarding permits, monitoring, resources, etc.

(ii) Respondent Activities

The respondent activities required by the rule are listed in the Table 1a through 1g. These 

activities vary by option because of the different types of information required under each option. 

To the maximum extent practicable, these activities were developed to allow the S/L/Ts to 

respond in ways that are consistent and compatible with their existing reporting and 

recordkeeping practices. Note that we only anticipate activities related to delegation options 

described in Tables 1a through 1d during the 3-year approval period.
6

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

This section addresses the activities to review the applications submitted by the S/L/Ts 

under subpart E. The activities vary according to the option used by the S/L/T and are as follows:

For the overall approval to receive delegation (§63.91):

• Create a Federal Register notice seeking public comment.

• Review public comments.

• Evaluate the S/L/T submittal.

• Create a Federal Register notice announcing approval or disapproval of the S/L/T 

submittal.

For the straight delegation of individual standards, the Agency will either automatically delegate 

them to the S/L/T or delegate them in response to a written request, depending on the mechanism 

established via the overall approval. If the S/L/T decides to use any of the other options listed 

within subpart E to demonstrate the equivalency of their rules to the Federal rule, then we will 

complete both the following activities listed in the applicable option below. 

For the rule adjustment option (§63.92):

• Create a Federal Register notice seeking public comment.

• Review public comments and S/L/T responses.

• Evaluate the S/L/T submittal.

• Create a Federal Register notice announcing the approval or disapproval of the S/L/T 

submittal.

For the rule substitution option (§63.93):

• Create a Federal Register notice seeking public comment.

• Review public comments and S/L/T responses.

• Evaluate the S/L/T submittal.

• Create a Federal Register notice announcing approval or disapproval of the S/L/T 

submittal.

For the equivalency by permit option (§63.94):

• Create a Federal Register notice seeking public comment on the up-front approval of the 

S/L/T submittal.

• Review public comments and S/L/T responses.

• Create a Federal Register notice announcing approval or disapproval of the S/L/T up-front 

submittal.

• Evaluate the draft permit terms and conditions submitted by the S/L/T.
7

• Create a final Federal Register notice announcing approval or disapproval of the draft 

permit terms and conditions.

For the State program approval option (§63.97):

• Create a Federal Register notice seeking public comment on the up-front approval of the 

S/L/T submittal.

• Review public comments and S/L/T responses.

• Create a Federal Register notice announcing approval or disapproval of the S/L/T 

submittal.

• Create a Federal Register notice seeking public comment on the specific alternative rule 

submitted by the S/L/T.

• Review public comments and S/L/T responses.

• Evaluate the equivalency demonstration submitted by the S/L/T.

• Create a final Federal Register notice announcing approval or disapproval of the 

alternative rules submitted by the S/L/T. 

For the accidental release prevention program (§63.95):

• Evaluate and approve or disapprove the S/L/T submittal.

Furthermore, we reserve the right to review and withdraw a S/L/T rule or program if we 

decide that the program is not as stringent as the otherwise applicable Federal standard. During 

the EPA review and withdrawal option (§63.96), we conduct the following activities:

• Request information from the affected S/L/T.

• Evaluate technical information, data, and results of any site visits within the jurisdiction of 

the S/L/T.

• Create a Federal Register notice announcing our intent to withdraw the S/L/T program or 

rule.

• Evaluate public comments and S/L/T responses.

• Create a Federal Register notice announcing the final decision.

The EPA activities required by the rule and the technical hours associated with them are 

found in Tables 2a through 2g. Note that we only anticipate activities related to delegation 

options described in Tables 2a through 2d during the 3-year approval period.

5(b) Collection Methodology and Management

All S/L/Ts using subpart E to accept delegation of Federal standards must submit the 

proper application to us for review and evaluation. They should prepare their applications using 

guidance we issued in April 2001 to facilitate subpart E implementation. This guidance is 

available on the internet at www.epa.gov/ttn/atw/112(l)/112-lpg.html. The regulations contain no 

forms. 
8

Qualified staff that work for the EPA Regional offices as well as EPA Headquarters will 

review the subpart E applications. The S/L/Ts must supply any calculations and assumptions 

supporting the technical portion of the application, and we will review these supporting materials 

to verify them. In regard to information management, we have planned and allocated resources 

for the efficient and effective use of the information, including the processing of the information 

in a manner which enhances the utility of the information to us and to the public. For example, in 

most cases, existing S/L/T part 70 operating permit program approvals may be used to meet the 

up-front approval criteria in §63.91.

The subpart E regulations do not require the request of information through any type of 

survey.

Most delegation requests are submitted in hard copy. Submitting agencies are encouraged 

to work with their applicable EPA Regional office to determine if there are procedures to follow 

if they wish to use an electronic format. Approvals still have to be sent to the Federal Register 

for publication, but courtesy copies can be sent to S/L/Ts via e-mail. 

5(c) Small Entity Flexibility

Minimizing the information collection burden for all sizes of organizations is a continuing 

principle for our efforts. The subpart E regulations only include the application, recordkeeping 

and reporting requirements we need to determine compliance with the rule. We have reduced the 

collection burden to the extent practicable and appropriate, including consideration of the 

resources available to the respondents and clarifying, consolidating, and simplifying the 

requirements. Furthermore, we do not anticipate that any small entities will be participating in 

this program. 

5(d) Collection Schedule

The schedule is tied to the promulgation of Federal section 112 standards. As these are 

issued, S/L/Ts may request delegation. Each S/L/T may submit an application under one of the 

five options discussed in section 1(b). Preparation of an application in compliance with subpart E 

is a one-time per standard activity. The subpart E regulations do not require periodic reporting or 

surveys.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden

This ICR requires the calculation of the amount of burden hours associated with each 

activity for each respondent (S/L/T) when complying with the subpart E regulations. In 

calculating the burden hours for subpart E, we made assumptions about the number of S/L/Ts that 

would use each option as well as the total number of Federal standards delegated by each option. 

We also made assumptions about the type and level of regulatory activity that would result in 

delegations. During this ICR collection period (2011 – 2014), there are three types of section 112 

standards potentially relevant to subpart E delegation. First, the section 112(d) maximum 
9

achievable control technology standards (MACT) that predominantly apply to major source 

emitters have all been promulgated, and the majority of MACT standards have been delegated to 

those S/L/Ts willing to accept delegation. In the upcoming clearance period we anticipate that 

there will be 40 delegation requests for the remaining standards. For example, in EPA Region 6, 

most States still need to adopt the boiler MACT standards.

We are currently working to propose and promulgate several standards under the section 

112(k) area source program. We anticipate that 11 of these standards will be promulgated during 

the next ICR collection period, but there is less certainty regarding the number of S/L/Ts that will 

accept delegation of these standards. In some cases, the S/L/Ts have automatic delegation for all 

section 112(l) standards (e.g., Region VIII S/L/Ts), but other Regions have indicated there may be 

cases where because of resource constraints, a limited number of affected sources, and/or a sense 

that the State rules are more restrictive than the Federal rules, not all S/L/Ts will accept delegation 

of these rules. For purposes of this analysis, we estimate that 80 percent of the S/L/Ts will accept 

delegation of the area source rules.

Based on our consultations as described in section 3(c) and information on the status of 

the regulatory development efforts, we assumed that 119 S/L/Ts will continue to maintain their 

subpart E program for the MACT standards. Thus, the annual effort for all S/L/T results in a total 

of 357 occurrences during the 3-year clearance period.

As described earlier, we assumed that there will be 40 delegation requests (occurrences) 

for MACT standards during the clearance period by each of the 119 S/L/Ts. Therefore, it is 

expected that there will be a total of 4,760 delegation requests. Based on input from the Regional 

coordinators, we think that 2 of these will be equivalency by permit, 36 of these will be rule 

substitutions, and 3 will be a rule adjustment. The number of straight delegations was estimated 

by subtracting the other delegation options from the total number of delegation requests. As a 

result, it is estimated that there will be a total of 4,719 straight delegation requests during the 3-

year clearance period. Figure 1 illustrates the number of occurrences for each option. One 

reason that these remaining MACTs are still pending is that the S/L/Ts and Regions are still 

working on the alternative in rules or permits. The total number of occurrences shown in Figure 1 

is 5,119. 

In the case of area source standards, we assumed that 11 will be promulgated during the 3-

year clearance period and that 80 percent (79) of the S/L/Ts will take delegation. We assumed the 

same distribution of delegation options as in 2007 for this group of standards, i.e., 80 percent 

straight delegation, 3 percent rule adjustment, 5 percent rule substitution, 12 percent equivalency

by permit. Of these, we assumed half (6 percent) would need to obtain initial approval to use the 

equivalency by permit options. The percent of MACT standards delegated per option was 

multiplied by the total number of S/L/T taking delegation (79). The Equivalency by Permit 

Option is a two-step process. We assumed participates of this option that are undergoing step two 

of the delegation process lacked initial approval. We also assumed that one S/L/T might seek to 

use the program approval option during the 3-year period. Using this methodology, as illustrated 

in Figure 2, we calculated the number of occurrences for each option, resulting in an average 

number of responses per year of 306. 
10

The average number of responses per year for both, MACT and Area Source standards is 

2,013. Table 3 below summarizes the number of occurrences of delegated request by MACT and 

Area Source standards.

In calculating the burden hours associated with each delegation option, we retained the 

same activities and burden hour estimates used in the previous ICR (ICR Number 1643.06) for 

subpart E 

The total hours associated with each option in tables 1a through 1g are for technical hours 

only. Consistent with the previous ICR, we calculated management hours as 5 percent of 

technical hours and clerical hours as 10 percent of technical hours. Table 4a contains the results 

of the burden hours calculation for each activity during each year of this ICR. Overall, the 

promulgated subpart E regulations contain an average burden of 37,107 hours per year. 

6(b) Estimating Respondent Cost

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $60.99 ($38.12 + 60%) 

Technical $35.41 ($22.13 + 60%)

Clerical $26.17 ($16.36 + 60%)

Labor rates, on a per-hour basis, are from the United States Department of Labor, Bureau 

of Labor Statistics, Occupational Employment Statistics, May 2009. The occupational category

that is the most similar to State and local personnel affected by this rule is assumed to be an 

average (mean) of “State Government” and “Local Government.” This ICR uses the labor rates 

for the following occupations within this category: for technical labor, environmental science and 

protection technicians; for managerial labor, all other managers; for clerical labor, secretaries. The 

hourly mean wage rates plus 60% of the hourly rate for overhead and benefits are included in the 

per-hour labor rates used to estimate respondent costs. The resulting rates used are $60.99 for 

management, $35.41 for technical personnel, and $26.17 for clerical personnel.

The respondent labor costs are found by multiplying the burden hours associated with 

each activity by the hourly rate associated with each labor type. In total, the subpart E regulations 

contain an average labor cost of $1,352,000 per year. Table 4a contains the results of the 

calculation of labor costs for the respondents.

(ii) Capital / Start-up Costs

This ICR does not require any capital or start-up costs for equipment, machinery, and 

construction.

(iii) Operating and Maintenance (O&M) Costs
11

Respondents who choose to request delegation under subpart E must submit a complete 

application, which results in photocopying and postage costs. We determined that two types of 

documents would be both copied and mailed: 2-ounce letters and 1-pound packages. The 2-ounce 

letter would contain 5 pages, and the 1-pound package would contain 200 pages. Based on the 

typical price to copy a page, we used $0.06 a page as our price per unit cost of copying. The cost 

for mailing a 2-ounce letter and 1-pound package via the United States Postal Service is $0.61 and 

$4.75, respectively. We also assumed that a total of three copies would be made for each letter or 

package. Tables 5a through 5d show the activities that would require copying and postage. Table 

6 summarizes the total copying and mailing costs per year. For respondents, the average cost for 

copying and postage is $3,100 per year. Therefore, the average total cost to respondents, 

including labor cost of $1,352,000 per year and copying/postage cost is $1,355,100 per year. 

Table 7 shows this breakdown by year.

6(c) Estimating Agency Burden and Cost

Under the subpart E regulations, we must review and evaluate the subpart E applications 

submitted by the S/L/Ts. In reviewing and evaluating these applications, we will carry out the 

activities listed in section 5(a) of this ICR. Managerial activities are considered 5 percent of the 

technical hours while clerical activities are considered 10 percent of the technical hours. 

This cost is based on the following hourly labor:

Managerial $86.56 (GS-15, Step 5, $54.10 + 60%) 

Technical $52.37 (GS-12, Step 5, $32.73 + 60%)

Clerical $26.56 (GS-6, Step 5, $16.60 + 60%)

These rates are from the Office of Personnel Management (OPM), 2010 General 

Schedule, which excludes locality rates of pay. The rates have been increased 60 percent to 

account for the benefit packages available to government employees. 

The EPA labor costs are found by multiplying the burden hours associated with each 

activity by the hourly rate associated with each labor type. Overall, the average burden hours for 

EPA is 26,067 hours per year. Table 4b contains a breakdown of EPA burden hours per year. 

The average labor cost for the EPA is $1,345,000 dollars per year. Table 4b contains a 

breakdown of EPA labor costs per year. Copying and postal costs for the EPA were calculated in 

the same manner as described in the last paragraph of section 6(b). Tables 5a through 5d contain 

a detailed listing of EPA copying and postal costs. Table 6 presents the total EPA copying and 

postal costs. The EPA would spend an average of $77,500 on copying and postage. The total 

cost for EPA, including labor and copying/postal costs would be an average of $1,423,000 per

year. Table 7 shows a breakdown of the total cost for the EPA by year.

6(d) Estimating the Respondent Universe and Total Burden Costs

In order to estimate the number of S/L/Ts participating in the subpart E program, we 

obtained information from the EPA’s Regional Air Toxic Coordinator contacts regarding subpart 

E delegation activity in their Regions. We determined that 119 agencies are participating in the 
12

subpart E program. The breakdown of these agencies is as follows: 49 State agencies, 2 territorial 

agencies, and 66 local agencies.

6(e) Bottom Line Burden Hours and Cost

(i) Respondent Tally

Over the 3-year period of this ICR, the total average annual burden and labor cost for the 

respondents resulting from the subpart E regulations are 37,107 hours and $1,352,000,

respectively. Table 4a contains the bottom line estimate of burden hours and labor cost associated 

with the subpart E regulations. There is no capital start-up costs associated with this collection. 

Operation and maintenance costs result from photocopying and postage expenses, which are a 

total of $3,100 per year. Table 6 shows the O&M costs. The total average annual cost to 

respondents is $1,355,100. Table 7 contains the total estimate of costs associated with the subpart 

E regulations.

(ii) Agency Tally

Over the 3-year period of this ICR, the total average annual burden and labor cost for the 

EPA is 26,067 hours and $1,345,000, respectively. Table 4b contains the bottom line estimate of 

burden hours and labor cost associated with the subpart E regulations. Operation and 

maintenance costs result from photocopying and postage expenses, which are a total of $77,500

per year. Table 6 shows the O&M costs. The total average annual cost to EPA is $1,423,000. 

Table 7 contains the total estimate of costs associated with the subpart E regulations.

6(f) Reasons for Change in Burden

The currently approved reporting and recordkeeping hour burden, based on ICR Number 

1643.06, is 62,844 hours per year. We are requesting a decrease in burden to 37,107 hours per 

year. 

The change in burden results from: (1) a decrease in the number of S/L/Ts taking 

delegation, (2) an increase number of occurrences related to the number of NESHAP delegated 

and (3) a change in the distribution of S/L/Ts using each option when delegating MACTs. These 

changes are discussed below. 

The total number of occurrences increased from 399 to 5,119 for MACT standards 

partially due to the number of MACT standards being delegated increasing from 24 to 40. 

However, the number of delegations decreased from 124 to 119. The significant increase was 

largely due to a calculation error in determining the number of straight delegations in the previous 

ICR. The previous ICR estimated 12 occurrences of straight delegations during the clearance 

period while we calculated 4,719 occurrences for the upcoming 3-year period. The total number 

of occurrences decreased for area source standards from 4,177 to 920 due to the number of area 

source standards decreasing from 40 to 11 and number of delegations dropping from 99 to 79.

Second, based on the experience the EPA’s Regional Air Toxics Coordinators have had 

with the subpart E program, S/L/Ts’ use of the various delegation options has changed for 
13

MACTs. Straight Delegation is still the primary delegation mechanism and has significantly

increased in frequency since the previous ICR. However, we found that S/L/Ts are using the Rule 

Adjustment Option and the Rule Substitution Option with greater frequency than previously

assumed. Generally, sources do not use the State Program Approval Option.

Overall, the respondent hour burden has decreased. Table 8 below breaks down these 

changes by option. While there is an overall increase in the amount of occurrences, the overall 

burden decreases by 41 percent due to the significant increase in use of the straight delegation 

option which requires less hours than the other options. 

Similarly, the respondent average total labor cost per year decreased by $1,608,000 (or 54 

percent). The breakdown by option within the subpart E program is shown in table 9 below. 

Increases or decreases in the total average annual cost for the options reflect the change in the 

amount of burden for that particular option. The amount of change differs from the change hours, 

which is largely due to increases in the average labor wage rates. These rates were updated to 

reflect current estimates. 

While mailing costs have increased, we are requesting a decrease in the reporting and 

recordkeeping cost burden due to an error in the postal costs reported in the previous ICR. Some 

of the EPA mailing costs were incorrectly included in the sums for Respondent costs, thus 

decreasing the overall costs. Our assumptions for copying and postage costs are discussed in 

section 6(b). The total copying and postage cost for S/L/Ts is $3,100 per year, of which 80

percent is associated with obtaining straight delegation of the NESHAP.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is 

estimated to average 18 hours per response.

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 regulation are listed in 40 CFR part 9 and 48 CFR chapter 15.

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

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID Number EPA-HQ-OAR-2004-0065. An electronic version of the public docket is 
14

available at http://www.regulations.gov/ which may be used to obtain a copy of the draft 

collection of information, submit or view public comments, access the index listing of the 

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

electronically. When in the system, select “search,” then key in the docket ID number identified 

in this document. The documents are also available for public 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, DC. 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 Information Center is (202) 566-1742. Also, you can send comments to the 

Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th 

Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA 

Docket ID Number EPA-HQ-OAR-2004-0065 and OMB Control Number 2060-0264 in any

correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this 

information. 
15

FIGURES
16

Figure 1. Allocation of Subpart E Delegation Options-MACT Standards 

a Each MACT is delegated to one S/L/T. The number of agencies taking delegation is equal to the number of MACTs. 

b Equivalency by Permit is a two-step process. We assumed S/L/Ts taking delegation under the second step do not already have initial approval. 

Total S/L/Ts taking delegation: 119

Total MACT to be delegated over 3-year period: 40

Straight 

Delegation

(Per 

MACT)

(§63.91)

Rule 

Adjustment

Option 

(§63.92)

Equivalency 

by Permit 

Option 

(Initial 

Approval)

Equivalency 

by Permit 

Option (Per 

MACT)

(§63.94)

Rule 

Substitution 

Option 

(§63.93)

No. Taking 

Delegation a

Year 1:

1,573

No. Taking 

Delegation a

No. Taking 

Delegation a

No. Taking 

Delegation b

No. Taking 

Delegation a

Year 1:

1

Year 1:

12

Year 1:

1

Year 1:

1

Year 2:

1,573

Total:

4,719

Year 3:

1,573

Year 3:

1

Total:

3

Year 2:

1

Year 3:

12

Total: 

36

Year 2:

12

Year 3:

0

Total:

2

Year 2:

1

Year 3: 

0

Total:

2

Year 2: 

1

Total No. of Occurrences: 5,119

Year 1:

119

Year 2:

119

Total:

357

Year 3:

119

Initial 

Program 

Approval 

(§63.91)

No. Maintaining 

Program 
17

Figure 2. Allocation of Subpart E Delegation Options-Area Source Standards

a Each MACT is delegated to all 79 agencies. The percent of MACT standards delegated per option is multiplied by 79.

b Equivalency by Permit is a two-step process. We assumed that half of the S/L/Ts taking delegation under the second step do not already have 

initial approval

C We assumed no agency would seek State Program Approval during the clearance period.

Total S/L/Ts taking delegation: 79

Total area source standards to be delegated over 3-year period: 11

Straight 

Delegation

(Per 

Standard)

(§63.91)

Rule 

Adjustment

Option 

(§63.92)

Equivalency 

by Permit 

Option 

(Initial 

Approval)

Equivalency 

by Permit 

Option (Per 

Standard)

(§63.94)

Rule 

Substitution 

Option 

(§63.93)

% of MACT 

Standards 

Delegated: 80

Year 1:

232

Year 1:

9

Year 1:

15

Year 1:

18

Year 1:

36

Year 2:

232

Total:

695

Year 3:

231

Year 3:

8

Total:

26

Year 2:

9

Year 3:

14

Total:

43

Year 2:

14

Year 3:

17

Total

52

Year 2:

17

Year 3:

34

Total:

104

Year 2:

34

Total No. of Occurrences: 920

State 

Program 

Approval 

Option 

(§63.97)

Year 1:

0

Year 3:

0

Total:

0

Year 2:

0

% of MACT 

Standards 

Delegated: 3a

% of MACT 

Standards 

Delegated: 5a

% of MACT 

Standards 

Delegated: 6b

% of MACT 

Standards 

Delegated:12 a

Number of 

Program 

Approvals: 0

c
18

TABLES
19

Activity

A. Read Rule 0

B. Receive Training on Rule 0

C. Plan Process 0

D. Create Confirmation Letter from Attorney 

General

0

E. Create Adequate Resources 

Demonstration/ Legal Authority

0

F. Supply a Copy of State Statutes, 

Regulations, and Requirements

0

G. Create Expeditious Implementation 

Schedule and Compliance Plan

0

H. Compile, Process, and Review Information 0

I. Create Overall Cover Letter 0

J. Fill Out Completeness Checklist 0

K. Send Submittal to EPA 0

L. Store, File, and Maintain Information 20

Total (hr/yr) 20

M. Request Straight Delegation of NESHAP 10

Table 1a. Activity and Burden for the Overall Approval to 

Receive Delegation/Straight Delegation

(§63.91)†

Technical Hours 

per Occurrence

 

 †

For this renewal period, we assumed that all agencies have already completed activities 

A-K and have received up-front delegation.
20

 Activity Technical 

Hours per 

Occurrence

A. Conduct State Rulemaking 35

B. Collect Alternative Rule and 

NESHAP for Analysis and 

Demonstrate Stringency

15

C. Fill out Completeness Checklist 1

D. Send Submittal to EPA 1.5

E. Store, File, and Maintain 

Information

20

Total (hr/yr) 72.5

Table 1b. Activity and Burden for the Rule 

Adjustment Option (§63.92)

Activity

A. Conduct Rulemaking and 

Respond to Public Comments

45

B. Prepare Equivalency 

Demonstration Table

60

C. Prepare Narrative Text for 

Equivalency Demonstration Table

60

D. Prepare Cover Letter and 

Completeness Checklist for 

Submittal Package

10

E. Send Submittal to EPA 1.5

F. Respond to Public Comments 25

Total (hr/yr) 221.5

Table 1c. Respondent Activity and Burden for 

the Rule Substitution Option (§63.93)

Technical 

Hours per 

Occurrence

G. Store, File, and Maintain 

Information

20
21

Activity Technical 

Hours per 

Occurrence

A. Preparation of List of Affected 

Sources and Affected 112 

Standards

20

A. Collection of Draft Terms and 

Conditions to Submit to EPA

20

B. Alteration of Draft Terms and 

Conditions

26

C. Preparation of Side-by-Side 

Comparison of Alternative 

Requirements

30

D. Preparation of Narrative to 

Side-by-Side Comparison

30

E. Completion of Cover Letter 

and Completeness Checklist for 

Submittal to EPA

10

F. Send Submittal to EPA 1.5

G. Incorporation of Alternative 

Requirements into Permits

20

H. Store, File, and Maintain 

Information

20

Total (hr/yr) 158

Table 1d. Respondent Activities and Burden 

for the Equivalency by Permit Option (§63.94)

One-Time Activities

Activities per Standard
22

Activity

A. Collection of Source Categories 

for Submission

0

B. Description of Enforcement 

Measures for Area Sources

15

C. Preparation of Up-front 

Submittal to EPA

40

A. Participation in the Review of 

Public Comments and 

Consultations

20

B. Collection of State Rules, 

Regulations, Permits, 

Implementation Plans, or Other 

Enforceable Mechanisms and State 

Rulemaking

60

C. Preparation of Equivalency 

Demonstration Table

40

D. Preparation of Narrative to 

Accompany Equivalency 

Demonstration Table

40

E. Preparation of Submission to 

EPA and Completeness Checklist

5

F. Submittal to EPA 1.5

G. Store, File, and Maintain 

Information

20

Total (hr/yr) 241.5

Table 1e. Respondent Activities and Burden for 

the State Program Approval Option (§63.97)

Technical Hours 

per Occurrence

One-time activities

Activities per Standard

 
23

Activity

A. Resource Demonstration 5

B. Demonstration of Adequate 

Enforcement Authority

20

C. Description of Coordination 

Mechanism

15

D. Preparation of Package for 

Submission to the EPA

25

Total (hr/yr) 65

Table 1f. Respondent Activities and Burden 

for the Accidental Release Prevention 

Program (§63.95)†

Technical 

Hours per 

Occurrenc

 

 †Not expected to use this option during 3-year period.

Activity

A. Respond to Information 

Requests (permits, monitoring, 

meetings, etc.)

30

B. S/L/T attempts to correct 

deficiencies

30

C. Notification to Sources of 

Withdrawal

40

Total (hr/yr) 100

Table 1g. Respondent Activities and Burden for 

the EPA Review and Withdrawal Option 

(§63.96)†

Technical 

Hours per 

Occurrence

 †Not expected to use this option during 3-year period.
24

Activity

A. Review Submission for 

Completeness

0

B. Notification to State of 

Complete/Incomplete 

Application

0

C. Creation of Federal 

Register Notice to Seek Public 

Comment

0

D. EPA Review of Public 

Comments and S/L/T 

Responses

0

E. EPA Evaluation of 

General Criteria

0

F. Creation of Final Federal 

Register Notice

0

G. Answer Respondent 

Questions

10

H. Store, File, and Compile 

Information

10

Total (hr/yr) 20

I. Send Letter Granting 

Straight Delegation

5

Table 2a. EPA Activities and Burden for the 

Overall Approval to Receive 

Delegation/Straight Delegation (§63.91)†

Technical 

Hours per 

Occurrence

 

 †

For this renewal period, we assumed that all agencies have already 

 completed activities. A-F and have received up-front delegation.

Activity Technical Hours 

per Occurrence

A. Creation of Federal Register 

Notice to Seek Public Comment

5

B. EPA Review of Public 

Comments and S/L/T Responses

20

C. EPA Evaluation of General 

Criteria

5

D. Creation of Final Federal 

Register Notice

5

E. Answer Respondent Questions 15

F. Store, File, and Compile 

Information

10

Total (hr/yr) 60

Table 2b. EPA Activities and Burden for the Rule 

Adjustment Option (§63.92)
25

Activity

A. Review Submission for Completeness 10

B. Creation of Federal Register Notice to 

Seek Public Comment

5

C. EPA Review of Public Comments 20

D. EPA Evaluation of Equivalency 

Demonstrations

80

E. Creation of Final Federal Register Notice 10

F. Answer Respondent Questions 35

G. Store, File, and Compile Information 10

Total (hr/yr) 170

Table 2c. EPA Activities and Burden for the Rule 

Substitution Option (§63.93)

Technical 

Hours per 

Occurrence
26

Activity†

A. Notification of Whether 

Alternative Rule Submittal is 

Complete (Letter and Consultations)

10

B. Creation of Federal Register notice 

for Public Comment for Up-front 

Approval

5

C. Review of Public Comments and 

S/L Responses for Up-front Approval

30

D. Creation of Federal Register 

Notice to Approve/Disapprove 

Program

25

Total (hr/yr) 70

E. Notification to Respondent of 

Complete Package of Alternative 

Terms and Conditions for Approval

10

F. Evaluation of Draft Permit Terms 

and Conditions

50

G. Creation of Notification of 

Approved/Disapproved Draft Permit 

Terms and Conditions (Letters and 

Meetings)

20

H. Creation of Final Federal Register 

Notice for Notification

15

I. Answer Respondent Questions 35

J. Store, File, and Maintain 

Information

10

Total (hr/yr) 140

Table 2d. EPA Activities and Burden for the Equivalency by 

Permit Option (§63.94)

Technical Hours per 

Occurrence

One-Time Activities

Activities per Standard

 † Assumes that any up-dates by the respondent to the list of affected sources and standards will

 be incorporated as part of any individual requests.
27

Activity Technical 

Hours per 

Occurrence

A. Notification by Letter and 

Meetings of Whether 

Alternative Rule Submittal is 

Complete

10

B. Creation of Federal 

Register Notice for Public 

Comment for Up-front 

Approval

5

C. Review of Public 

Comments and S/L/T 

Responses for Up-front 

Approval

30

D. Creation of Federal 

Register Notice to 

Approve/Disapprove Submittal

25

E. Notification of Complete 

Alternative Requirements

10

F. Creation of Federal 

Register Notice for Public 

Comment on Alternative Rules

5

G. Review of Public 

Comments and State 

Responses on Alternative 

Rules

40

H. Evaluation of Equivalency 

Demonstration

40

I. Creation of Final Federal 

Register Notice for 

Notification

25

J. Answer Respondent 

Questions

35

K. File, Store, and Maintain 

Information

10

Total 235

Table 2e. EPA Activities and Burden for the 

State Program Approval Option (§63.97)†

 †Not expected to use this option during 3-year period.
28

Activity

Evaluation of Submission for 

Approval

25

Total (hr) 25

Table 2f. EPA Burden and Activities for the 

Accidental Release Prevention Program

(§63.95)† Technical Hours 

per Occurrence

 †Not expected to use this option during 3-year period.

Activity

A. Creation of Request for Information 15

B. Evaluation of Information Submitted by 

S/L/Ts (Permits, Site Visits, Monitoring Data)

180

C. Letter Informing S/L/T of Inadequate 

Program

10

D. Creation of Notice for Proposed 

Withdrawal

15

E. Evaluation of Public Comments and S/L/T 

Responses

50

F. Notification of Changes for S/L/Ts to Make 

to Correct Deficiencies

15

G. Notification of Withdrawal 10

H. Publication of Schedule for Compliance 5

Total (hr) 300

Table 2g. EPA Activities and Burden for the EPA Review 

and Withdrawal Option (§63.96)†

Technical 

Hours per 

Occurrence

 †Not expected to use this option during 3-year period.
29

Year 1 Year 2 Year 3 Total

Option/Year (occ/yr) (occ/yr) (occ/yr) (occ)

Overall Delegation(§63.91) 119 119 119 357

Straight Delegation per Standard (§63.91) 1,805 1,805 1,804 5,414

Rule Adjustment (§63.92) 10 10 9 29

Rule Substitution (§63.93) 27 26 26 79

Equivalency by Permit – Initial Approval (§63.94) 19 18 17 54

Equivalency by Permit – Per Standard (§63.94) 37 35 34 106

State Program Approval (§63.97) 0 0 0 0

Accidental Release Prevention Program (§63.95) 0 0 0 0

Withdrawal (§63.96) 0 0 0 0

Total 2,017 2,013 2,009 6,039

Average (occurrences/yr) 2,013

Table 3. Summary of Delegations by S/L/Ts

Total Number of Occurrences per Yearb 

b Number of occurrences is the sum of MACT standards delegated and area standards delegated (See Figures 1 & 2).
30

Year Year 1 Year 2 Year 3 Total Year 1 Year 2 Year 3 Total

Option (hr/yr) (hr/yr) (hr/yr) (hr/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr)

Straight Delegation (§63.91) -- Administrative Criteria

2,737 2,737 2,737 8,211 98 98 98 293

Straight Delegation (§63.91) -- Delegation of Standard

20,758 20,758 20,746 62,261 741 741 741 2,224

Rule Adjustment Option (§63.92)

834 834 750 2,418 30 30 27 86

Rule Substitution Option (§63.93)

6,878 6,623 6,623 20,123 246 237 237 719

Equivalency by Permit Option (§63.94) -- One-Time 

Application

437 414 391 1,242 16 15 14 44

Equivalency by Permit Option (§63.94) -- per Standard

5,957 5,635 5,474 17,066 240 227 221 688

State Program Approval Option (§63.97) -- One-Time 

Application

0 0 0 0 0 0 0 0

State Program Approval Option (§63.97) -- Per 

Standarda

0 0 0 0 0 0 0 0

Accidental Release Prevention Program (§63.95)

0 0 0 0 0 0 0 0

EPA Review and Withdrawal (§63.96)

0 0 0 0 0 0 0 0

Total 37,600 37,000 36,721 111,321 1,370 1,347 1,337 4,055

Average 37,107 1,352

Table 4a. Total Annual Burden for Respondents

Person-Hours Labor Costs

a Combined with one-time costs, above.
31

Table 4b. Total Annual Burden for EPA

Person-Hours Labor Costs

Year Year 1 Year 2 Year 3 Total Year 1 Year 2 Year 3 Total

Option (hr/yr) (hr/yr) (hr/yr) (hr/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr)

Straight Delegation (§63.91) -- Administrative Criteria 2,737 2,737 2,737 8,211 141.3 141.3 141.3 424

Straight Delegation (§63.91) -- Delegation of Standard 10,379 10,379 10,373 31,131 535.7 535.7 535.4 1,607

Rule Adjustment Option (§63.92) 690 690 621 2,001 35.6 35.6 32.1 103

Rule Substitution Option (§63.93) 5,279 5,083 5,083 15,445 272.4 262.3 262.3 797

Equivalency by Permit Option (§63.94) -- One-Time Application 1,530 1,449 1,369 4,347 78.9 74.8 70.6 224

Equivalency by Permit Option (§63.94) -- per Standard 5,957 5,635 5,474 17,066 307.5 290.8 282.5 881

State Program Approval Option (§63.97) -- One-Time Application 0 0 0 0 0 0 0 0

State Program Approval Option (§63.97) -- Per Standarda

0 0 0 0 0 0 0 0

Accidental Release Prevention Program (§63.95) 0 0 0 0 0 0 0 0

EPA Review and Withdrawal (§63.96) 0 0 0 0 0 0 0 0

Total 26,571 25,973 25,657 78,200 1,371 1,341 1,324 4,036

Average 26,067 1,345

a Combined with one-time costs, above.
32

Send submittal 

to EPA 

(Respondent)†a

Answer 

Respondent 

Questions 

(EPA)‡b

Year 1 119 1,805

Year 2 119 1,805

Year 3 119 1,804

Year 1 ($/yr) 72.59 8,574

Year 2 ($/yr) 72.59 8,574

Year 3 ($/yr) 72.59 8,569

Year 1 ($/yr) 107.1 64,980

Year 2 ($/yr) 107.1 64,980

Year 3 ($/yr) 107.1 64,944

Year 1 

($1,000/yr)

0.18 73.55

Year 2 

($1,000/yr)

0.18 73.55

Year 3 

($1,000/yr)

0.18 73.51

Total 

($1,000/yr)

0.54 220.6

Average 

($1,000/yr)

0.18 73.54

Occurrences Postage Copying Total

Table 5a. Copying/Postal Costs for the Straight Delegation 

(§63.91)

Activity

(Respondent/EPA)

Year

 †

Falls under maintenance of subpart E program approval.

 ‡

Falls under the Straight Delegation Option.

 aAssumes 2-oz. letter.

 bAssumes 1-lb. package.
33

Send submittal 

to EPA 

(Respondent)a

Answer 

Respondent 

Questions 

(EPA)b

Year 1 10 10

Year 2 10 10

Year 3 9 9

Year 1 ($/yr) 47.5 6.1

Year 2 ($/yr) 47.5 6.1

Year 3 ($/yr) 42.75 5.49

Year 1 ($/yr) 360 9

Year 2 ($/yr) 360 9

Year 3 ($/yr) 324 8.1

Year 1 ($1,000/yr) 0.41 0.02

Year 2 ($1,000/yr) 0.41 0.02

Year 3 ($1,000/yr) 0.37 0.01

Total ($1,000/yr) 1.18 0.04

Average 

($1,000/yr)

0.39 0.01

Occurrences Postage Copying Total

Table 5b. Copying/Postal Costs for the Rule Adjustment Option 

(§63.92)

Activity

(Respondent/EPA)

Year

 aAssumes 1-lb. package.

 bAssumes 2-oz. letter.
34

Send submittal to 

EPA 

(Respondent)a

Answer 

Respondent 

Questions (EPA)b

Year 1 27 27

Year 2 26 26

Year 3 26 26

Year 1 ($/yr) 128.25 16.47

Year 2 ($/yr) 123.5 15.86

Year 3 ($/yr) 123.5 15.86

Year 1 ($/yr) 972 24.3

Year 2 ($/yr) 936 23.4

Year 3 ($/yr) 936 23.4

Year 1 

($1,000/yr)

1.10 0.04

Year 2 

($1,000/yr)

1.06 0.04

Year 3 

($1,000/yr)

1.06 0.04

Total ($1,000/yr) 3.22 0.12

Average 

($1,000/yr)

1.1 0.04

Copying Total

Table 5c. Copying/Postal Costs for the Rule Substitution Option 

(§63.93)

Activity

(Respondent/EPA)

Year

Occurrences Postage

 aAssumes 1-lb. package.

 bAssumes 2-oz. letter.
35

Preparation of a 

list of affected 

sources and 

affected 112 

standards†,a

Send submittal 

to EPA‡,b

Notification of 

whether 

alternative rule 

submittal is 

complete†,a

Notification to 

respondent of 

complete 

package of 

alternative 

terms & 

conditions‡,a

Creation of 

notification of 

approved/disap

proved draft 

permit terms 

and 

conditions‡,a

Answer 

respondent 

questions‡,a

(Respondent) (Respondent) (EPA) (EPA) (EPA) (EPA)

Year 1 19 37 19 37 37 37

Year 2 18 35 18 35 35 35

Year 3 17 34 17 34 34 34

Year 1 ($/yr) 11.59 175.75 11.59 22.57 22.57 22.57

Year 2 ($/yr) 10.98 166.25 10.98 21.35 21.35 21.35

Year 3 ($/yr) 10.37 161.5 10.37 20.74 20.74 20.74

Year 1 ($/yr) 17.1 1,332 17.1 1,332 1,332 1,332

Year 2 ($/yr) 16.2 1,260 16.2 1,260 1,260 1,260

Year 3 ($/yr) 15.3 1,224 15.3 1,224 1,224 1,224

Year 1 ($1,000/yr) 0.03 1.51 0.03 1.35 1.35 1.35

Year 2 ($1,000/yr) 0.03 1.43 0.03 1.28 1.28 1.28

Year 3 ($1,000/yr) 0.03 1.39 0.03 1.24 1.24 1.24

Total ($1,000/yr) 4.4 Respondents 11.7 EPA

Average ($1,000/yr) 1.5 Respondents 3.9 EPA

Table 5d. Copying/Postal Costs for the Equivalency by Permit Option (§63.94)

Activity

(Respondent/EPA)

Year

Total Occurrences Postage Copying

†

Initial Equivalency by Permit Option approval.

‡

Per Standard Equivalency by Permit Option approval.

a Assumes 1-lb. package. 

b Assumes 2-oz. letter
36

Send submittal to 

EPA 

(Respondent)a

Answer 

Respondent 

Questions (EPA)b

Year 1 0 0

Year 2 0 0

Year 3 0 0

Year 1 ($/yr) 0 0

Year 2 ($/yr) 0 0

Year 3 ($/yr) 0 0

Year 1 ($/yr) 0 0

Year 2 ($/yr) 0 0

Year 3 ($/yr) 0 0

Year 1 

($1,000/yr)

0 0

Year 2 

($1,000/yr)

0 0

Year 3 

($1,000/yr)

0 0

Total ($1,000/yr) 0 0

Average 

($1,000/yr)

0 0

Table 5e. Copying/Postal Costs for the State Program Approval 

Option (§63.97)

Copying Total Occurrences Postage

Activity

(Respondent/EPA)

Year

 a Assumes 1-lb. package.

 b Assumes 2-oz. letter
37

Year Year 1 Year 2 Year 3 Total Year 1 Year 2 Year 3 Total

Option ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr)

Straight Delegation (§63.91) -- 

Administrative Criteria

0.18 0.18 0.18 0.54 0 0 0 0

Straight Delegation (§63.91) -- 

Delegation of Standard 0 0 0 0 73.55 73.55 73.51 220.61

Rule Adjustment Option 

(§63.92)

0.41 0.41 0.37 1.19 0.02 0.02 0.01 0.05

Rule Substitution Option 

(§63.93) 1.1 1.06 1.06 3.22 0.04 0.04 0.04 0.12

Equivalency by Permit Option 

(§63.94) -- One-Time 

Application)

0.03 0.03 0.03 0.09 0.03 0.03 0.03 0.09

Equivalency by Permit Option 

(§63.94) -- per Standard

1.51 1.43 1.39 4.33 4.05 3.84 3.72 11.61

State Program Approval 

Option (§63.97) -- One-Time 

Application 0 0 0 0 0 0 0 0

State Program Approval 

Option (§63.97) -- Per 

Standard a 0 0 0 0 0 0 0 0

Accidental Release Prevention 

Program (§63.95)

0 0 0 0 0 0 0 0

EPA Review and Withdrawal 

(§63.96)

0 0 0 0 0 0 0 0

Total 3.23 3.11 3.03 9.37 77.69 77.48 77.31 232.48

Average 3.1 77.5

Table 6. Total Copying/Postal Costs for Respondents and EPA-Summary

Respondents EPA

a Combined with one-time costs, above.
38

Year Year 1 Year 2 Year 3 Total Year 1 Year 2 Year 3 Total

Option ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr) ($1,000/yr)

Straight Delegation (§63.91) -- 

Administrative Criteria

98.18 98.18 98.18 294.54 141.3 141.3 141.3 424

Straight Delegation (§63.91) -- 

Delegation of Standard

741 741 741 2223 609.25 609.25 608.91 1827

Rule Adjustment Option 

(§63.92)

30.41 30.41 27.37 88.19 35.62 35.62 32.11 103.35

Rule Substitution Option 

(§63.93)

247.1 238.06 238.06 723.22 272.44 262.34 262.34 797.12

Equivalency by Permit Option 

(§63.94) -- One-Time 

Application)

16.03 15.03 14.03 45.09 78.93 74.83 70.63 224.39

Equivalency by Permit Option 

(§63.94) -- per Standard

241.51 228.43 222.39 692.33 311.55 294.64 286.22 892.41

State Program Approval 

Option (§63.97) -- One-Time 

Application

0 0 0 0 0 0 0 0

State Program Approval 

Option (§63.97) -- Per 

Standarda

0 0 0 0 0 0 0 0

Accidental Release Prevention 

Program (§63.95)

0 0 0 0 0 0 0 0

EPA Review and Withdrawal 

(§63.96)

0 0 0 0 0 0 0 0

Total

1374.23 1351.11 1341.03 4066.37 1449.09 1417.98 1401.51 4268.6

Average

1355 1423

Table 7. Total Costs for Respondents and EPA (Labor and Copying/Postal)

Respondents EPA

a Combined with one-time costs, above.
39

Option 2007 Average 

Annual Burden 

(hr/yr)

2010 Average 

Annual Burden 

(hr/yr)

Difference Percent 

Difference 

Straight Delegation Option (§63.91) 15,042 23,491 8,448.67 56.17%

Rule Adjustment Option (§63.92) 2,779 806 -1,973.17 -71.00%

Rule Substitution Option (§63.93) 17,491 6,708 -10,783.33 -61.65%

Equivalency by Permit Option (§63.94) 27,439 6,103 -21,336.33 -77.76%

Accidental Release Prevention Program (§63.95) 0 0 0.0 0.00%

EPA Withdrawal (§63.96) 0 0 0.0 0.00%

State Program Approval Option (§63.97) 92.67 0.00 -92.7 -100.00%

Total 62,844 37,107 -25,737 -40.95%

Table 8. Difference in Average Annual Burden Hours

Option

2007 Average Annual 

Total Cost ($1,000/yr)

2010 Average Annual 

Total Cost ($1,000/yr) Difference

 Percent 

Difference 

Straight Delegation Option (§63.91) 673 839 166 25%

Rule Adjustment Option (§63.92) 124 29 -96 -77%

Rule Substitution Option (§63.93) 783 240 -543 -69%

Equivalency by Permit Option (§63.94) 1375 244 -1131 -82%

Accidental Release Prevention Program (§63.95) 0 0 0 0%

EPA Withdrawal (§63.96) 0 0 0 0%

State Program Approval Option (§63.97) 4 0 -4 -100%

Total 2,959 1,351 -1,608 -54%

Table 9. Difference in Average Annual Total Cost