i

INFORMATION COLLECTION REQUEST

FOR 

PREVENTION OF SIGNIFICANT DETERIORATION

AND NONATTAINMENT NEW SOURCE REVIEW

(40 CFR PARTS 49, 51 AND 52)

Prepared for:

New Source Review Group

Air Quality Policy Division

Office of Air Quality Planning and Standards

Office of Air and Radiation

United States Environmental Protection Agency

Research Triangle Park, North Carolina 27711

Prepared by:

EC/R Incorporated

501 Eastowne Drive, Suite 250

Chapel Hill, NC 27514
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INFORMATION COLLECTION REQUEST

FOR 

PREVENTION OF SIGNIFICANT DETERIORATION

AND NONATTAINMENT NEW SOURCE REVIEW

(40 CFR PARTS 49, 51 AND 52)

TABLE OF CONTENTS

Page

1. IDENTIFICATION OF THE INFORMATION COLLECTION ..........................................................................1 

 1(a) TITLE OF THE INFORMATION COLLECTION REQUEST (ICR)...................................................1

 1(b) ABSTRACT/EXECUTIVE SUMMARY ..............................................................................................1 

 1(c) PAPERWORK REDUCTION ACT REQUIREMENTS .......................................................................2

2. NEED FOR AND USE OF THE COLLECTION..................................................................................................2

 2(a) NEED/AUTHORITY FOR THE COLLECTION ..................................................................................2

 2(b) PRACTICAL UTILITY/USERS OF THE DATA .................................................................................3

3. NONDUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA ...................................4

 3(a) NONDUPLICATION .............................................................................................................................4

 3(b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB .........................................4

 3(c) CONSULTATIONS................................................................................................................................4

 3(d) EFFECTS OF LESS FREQUENT COLLECTION................................................................................5

 3(e) GENRAL GUIDELINES........................................................................................................................5

 3(f) CONFIDENTIALITY ............................................................................................................................5

 3(g) SENSITIVE QUESTIONS .....................................................................................................................6

4. THE RESPONDENTS AND THE INFORMATION REQUESTED....................................................................6

 4(a) RESPONDENTS/STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODES............................6 

 4(b) INFORMATION REQUESTED ............................................................................................................8

 4(b)(1) DATA ITEMS, INCLUDING RECORDKEEPING REQUIREMENTS..................................8 

 4(b)(2) RESPONDENT ACTIVITIES..................................................................................................8

5. THE IFNORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND 

INFORMATION MANAGEMENT .....................................................................................................................9

 5(a) AGENCY ACTIVITIES .........................................................................................................................9

 5(b) COLLECTION METHODOLOGY AND MANAGEMENT................................................................9

 5(c) SMALL ENTITY FLEXIBILITY ..........................................................................................................9

 5(c)(1) MEASURES TO AVERT IMPACTS ON SMALL ENTITIES .............................................10

 5(c)(2) MEASURES TO MITIGATE IMPACTS ON SMALL ENTITIES .......................................10

 5(d) COLLECTION SCHEDULE................................................................................................................10

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION..............................................................11

 6(a) ESTIMATING RESPONDENT BURDEN..........................................................................................11

 6(b) ESTIMATING RESPONDENT COSTS..............................................................................................12

 6(b)(i) ESTIMATING LABOR COSTS .............................................................................................12
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 6(b)(ii) ESTIMATING CAPITAL AND OPERATIONS AND MAINTENANCE COSTS..............13

 6(b)(iii) CAPITAL/START-UP OPERATING AND MAINTENANCE (O&M) COST....................13 

 6(b)(iv)ANNUALIZING CAPITAL COSTS.......................................................................................13

 6(c) ESTIMATING AGENCY BURDEN AND COST ..............................................................................14

 6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COST................14 

 6(e) BOTTOM LINE BURDEN HOURS AND COST TABLES...............................................................15

 6(e)(i) RESPONDENT TALLY...........................................................................................................15

 6(e)(ii) THE AGENCY TALLY ...........................................................................................................15

 6(f) REASONS FOR CHANGE IN BURDEN............................................................................................15

 6(g) BURDEN STATEMENT ......................................................................................................................16

Appendix A: INFORMATION REQUIREMENTS.................................................................................21

Appendix B: CALCULATIONS AND INFORMATION REQUIREMENTS FOR THE MINOR NSR 

PROGRAM IN INDIAN COUNTRY.......................................................................................................25

LIST OF TABLES

Page

4-1 Most Numerous Industrial Respondents by Industrial Group..............................................................6

4-2 Most Numerous Industrial Respondents by Industrial Group in Indian Country ................................7

6-1 Industry Respondent Burden and Cost (Annual) ...............................................................................17

6-2 State and Local RA Burden and Cost (Annual) .................................................................................18

6-3 Agency Burden and Cost (Annual) ....................................................................................................19

6-4 NSR Program Information Collection Burden Summary ..................................................................20
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1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) TITLE OF THE INFORMATION COLLECTION REQUST (ICR)

This report is entitled Prevention of Significant Deterioration and Nonattainment New Source Review, 

EPA ICR No. 1230.29, OMB Control No. 2060-0003.

1(b) ABSTRACT/EXECUTIVE SUMMARY

The analyses in this document have been performed in support of a renewal of the New Source Review 

(NSR) Program Information Collection Request (ICR) (Office of Management and Budget (OMB) 

Control No. 2060-0003; EPA ICR No. 1230.29). The regulations covered under this ICR are contained 

in parts 49, 51 and 52 of Title 40 of the Code of Federal Regulations (CFR). These requirements govern 

the 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 Areas” (nonattainment major NSR or NA NSR) of the Clean Air Act 

(CAA), which together are commonly referred to as “major NSR.” In addition, these requirements 

govern the state and federal programs for preconstruction of minor new and modified sources pursuant 

to CAA section 110(a)(2)(C), which is commonly referred to as “minor NSR.” The types of information 

collection activities addressed in this ICR are those necessary for the preparation and submittal of 

construction permit applications and the issuance of final permits. Thus, the respondents addressed in 

this ICR are (1) the pollutant-emitting sources that must apply for and obtain permits, and (2) the state 

and local reviewing authorities (RAs) that must review the permit applications and issue the permits. 

Specific burden-producing activities are listed in Appendix A. The administrative, reporting and 

recordkeeping burden for industry respondents (permit applicants), state and local implementing

agencies and the Environmental Protection Agency (EPA) are summarized in Table 6-4.

The NSR Program ICR was last renewed in October 2008 (EPA ICR No. 1230.23). Since that renewal 

of this ICR, there have been a number of actions that have resulted in changes or revisions to the ICR:

 Flexible Air Permitting Rule (EPA ICR No. 1230.26) – overall reduction in burden based on 

policy encouraging flexible permits.

 Change Worksheet for Tailoring Rule and SIP Fix Implementation Rule (EPA ICR 

No. 1230.28) – addition of greenhouse gases (GHGs) to the program.

 Final Rule for Review of New Sources and Modifications in Indian Country (EPA ICR 

No. 1230.27) – addition of an NSR program for Indian country. 

 Final Rule for PM 2.5 Increments, Significant Impact Levels (SILs) and Significant Monitoring 

Concentration (SMC) (EPA ICR No. 1230.31) – transfer of the burden for this NSR rule change 

that was originally approved under EPA ICR No. 2276.02, OMB Control No. 2060-0609.

As a result of these changes and revisions, the currently approved respondent burden for the NSR 

program stands at over 6.7 million hours per year for nearly 162,000 responses (with associated labor

costs of about $603 million), plus about $11.5 million in capital and one-time start-up costs.

This renewal ICR for the NSR program estimates the annual respondent burden at approximately 

7.9 million hours (with labor costs of about $695 million) for over 162,000 responses, plus capital and 

one-time start-up costs of about $12.6 million. The change (net increase) in the burden estimate is due

largely to the expected progress in the implementation of the minor NSR program in Indian country and 
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the phased integration of GHGs into the PSD program. In both cases, the period covered by this ICR 

renewal is expected to include a significant increase in the number of permits issued. An additional 

factor in the increase of labor and capital/start-up costs is that we have updated labor wage rates and 

adjusted the capital/start-up costs for inflation. 

The estimated annual burden in this renewal ICR consists of approximately 5.2 million hours for 

industry respondents (with labor costs of about $476 million and capital/start-up costs of about $12.6 

million) and 2.7 million hours for state and local reviewing authority respondents (with labor costs of 

about $219 million). The estimated annual burden for the EPA is about 85,000 hours and $6.4 million.

1(c) PAPERWORK REDUCTION ACT REQUIREMENTS

For any existing rule, section 3507(g) of the Paperwork Reduction Act (PRA) limits the amount of time 

for which a Director may approve a collection of information to 3 years. The existing ICR (EPA ICR 

No. 1230.23) expires on April 30, 2012. Consequently, the annual burden estimates are calculated for 

the 3-year period beginning May 1, 2012 and ending April 30, 2015.

Except for information collections in notices of proposed rules or those exempted under the emergency 

processing provisions of 44 U.S.C. § 3507(j), the PRA requires the EPA to solicit comments on each 

proposed information collection, including the renewal or modification of any existing ICR. This ICR 

renewal and its supporting statement were publicly noticed in the Federal Register (76 FR 72700,

November 25, 2011) to solicit comments on the data, analyses and conclusions. No comments were 

received. The ICR will be submitted to the OMB for approval.

The information that this ICR covers is required for the submittal of a complete permit application for 

the construction or modification of all major new stationary sources of pollutants in attainment and 

nonattainment areas, as well as for applicable minor stationary sources of pollutants. The EPA certifies 

that the information collection is necessary for the proper performance of the EPA’s functions, and that 

it has practical utility; is not unnecessarily duplicative of information the EPA otherwise can reasonably 

access; and reduces, to the extent practicable and appropriate, the burden on persons providing the 

information to or for the EPA.

2. NEED FOR AND USE OF THE COLLECTION

2(a) NEED/AUTHORITY FOR THE COLLECTION

Section 110 of the CAA requires all states to submit an implementation plan that 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 major construction. Section 110(a)(2)(C) of the CAA requires that no new or modified 

stationary source, in conjunction with existing source emissions in the same area, can interfere with the 

attainment or maintenance of the National Ambient Air Quality Standards (NAAQS). It further requires 

that no source can construct without securing a permit to ensure that the objectives of parts C and D of 

title I of the CAA are met. 

Part C of title I of the CAA outlines specific construction requirements for new and modified sources 

constructing in areas that do not violate the NAAQS. These requirements are more commonly referred 

to as the “prevention of significant deterioration” or “PSD” rules, which require a prospective major new 

or modified source to: (1) demonstrate that the NAAQS and increments will not be exceeded, (2) ensure 
3

the application of best available control technology (BACT) and (3) protect Federal Class I areas from 

adverse impacts, including adverse impacts on air quality related values (AQRVs). 

Similarly, part D of title I of the CAA specifies requirements for major new and modified sources 

constructing in areas designated as nonattainment for a NAAQS pursuant to section 107 of the CAA. 

The part D provisions also apply to major source permitting in the Northeast Ozone Transport Region as 

established under section 184 of the CAA. The part D rules, which are often referred to as the 

“nonattainment major NSR” or “NA NSR” rules, generally require a prospective major construction 

project to: (1) ensure the application of controls which will achieve the lowest achievable emission rate 

(LAER), (2) certify that all major sources in a state which are owned or controlled by the same person 

(or persons) are in compliance with all air emissions regulations and (3) secure reductions in existing 

source emissions (“offsets”) that comply with specific statutory offset ratios and are otherwise equal to, 

or greater than, those reductions necessary to show attainment and maintenance of the applicable 

NAAQS.

2(b) PRACTICAL UTILITY/USERS OF THE DATA

Before the owner or operator of a facility can commence construction or modification of its source, it 

must comply with all applicable construction permit requirements. The owner or operator of a stationary 

source must develop or collect all relevant information not otherwise available to the federal, state or 

local RA. The RA reviews the application materials submitted by the owner or operator and either 

declares the permit application complete for processing or provides the owner or operator guidance on 

how to correct the deficiencies in the application. If the application has deficiencies, the applicant 

collects any additional data identified by the RA so that the permit application can be deemed 

“complete.” Although sufficient information must be submitted by the applicant before its permit can be 

classified as complete, some additional clarifying information can be submitted at a later date by the 

applicant to assist the RA in processing the permit application.

For major sources to be constructed or modified in attainment areas, the RA uses the permit application 

information to determine: (1) whether the source will cause or contribute to a violation of the NAAQS 

and air quality increments, (2) if the technology the source is proposing is BACT and (3) whether the 

source's emissions will adversely affect any Federal Class I areas, including AQRVs in these areas. For 

major sources to be constructed or modified in nonattainment areas, the permit application information 

is used by the RA to determine whether: (1) the source will apply LAER, (2) the source will have 

secured the required emissions offsets and (3) the source has demonstrated that all other of its major 

sources in the same state are in compliance with all applicable air emissions regulations. For minor 

sources that are large enough to be subject to minor NSR to be constructed or modified in attainment 

and nonattainment areas, the RA uses the permit application information to determine whether the 

source will cause or contribute to a violation of the NAAQS. Minor NSR programs may include a 

control technology requirement or require ambient air quality modeling to protect the NAAQS.

Once the application is complete, the RA makes a preliminary determination regarding the approvability 

of the permit application. For major NSR, this determination, along with the application and supporting 

information, is made available to the public for at least 30 days. The RA must then respond to public 

comments and take action on the final permit. Typically a final major NSR action must be taken on a 

permit by the RA within 1 year of receipt of a complete application. For minor NSR, the public 

comment period and deadline for a final permit action may be shorter.
4

In addition, the public and other permit applicants may use some of the data collected. The EPA 

operates a RACT/BACT/LAER Clearinghouse (RBLC)1 which contains many BACT and LAER 

determinations to aid applicants and reviewers in identifying reasonable and available control 

technologies. The Clean Air Act Amendments of 1990 require that the BACT or LAER information in 

each permit must be gathered by the RA and submitted for entry into the RBLC database as a reference 

for making future control technology determinations. Annual reports containing RBLC update 

information are also available to the public through the National Technical Information Service.

3. NONDUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA

3(a) NONDUPLICATION

The information collection activities required under the NSR regulations are not routinely performed 

elsewhere by the 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 the EIS 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(b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB

The first public notice of this ICR renewal was published in the Federal Register on November 25, 2011

(76 FR 72700). No comments were received. The ICR will be submitted to the OMB for approval.

3(c) CONSULTATIONS

This ICR is a renewal of the existing ICR for the NSR program. It incorporates the base elements of the 

program which have not been changed for this renewal. However, since the previous renewal, the EPA 

has filled regulatory voids that existed in Indian country (where state NSR programs do not apply) by 

promulgating a part D program and a minor NSR program for Indian country. (The EPA was already 

implementing the part C PSD program in Indian country.) The implementing regulations for these 

programs are located in 40 CFR part 49 at 40 CFR 49.151 through 49.173, so these part 49 regulations 

have been brought under this ICR. The EPA acts as the reviewing authority for these programs.

In addition, GHGs have come under the PSD program since the last renewal as a result of actions under 

the CAA unrelated to NSR. Provisions also have been added to the PSD regulations that allow for full 

implementation of the program for particulate matter less than 2.5 microns (PM2.5), which has resulted 

in an increase in the modeling required for PSD permits. The Flexible Air Permitting Rule also 

established policies that reduce total burden because of the reduction in the number of permit actions.

Extensive consultation through public hearings with environmental groups; industry; and state, local, 

and federal agency representatives were conducted previously for all these actions that have affected the 

NSR rules covered by this ICR. Extensive consultation with Indian Tribes was carried out during the 

development of the NSR programs for Indian country. Also, prior to the previous ICR renewal, the EPA 

contacted the National Association of Clean Air Agencies (NACAA) and received comments from three 

 

1 The RBLC is available on the EPA Technology Transfer Network (TTN). Access to the RBLC on the 

TTN is via a computer through Internet access – http://cfpub.epa.gov/RBLC/. 
5

of its members. Consistent with NACAA’s input during that consultation period, changes were made to 

the burden estimates for certain activities performed by RAs, and these changes have been carried over 

in this renewal. In addition, the EPA contacted NACAA to solicit input for this renewal of the ICR, but 

no comments were received.

3(d) EFFECTS OF LESS FREQUENT COLLECTION

The CAA defines the rate of reporting by sources, states and local entities. Consequently, less frequent 

collection is not possible.

3(e) GENERAL GUIDELINES

The OMB's general guidelines for information collections must be adhered to by all federal agencies for 

approval of any rulemaking's collection methodology. In accordance with the requirements of 5 CFR 

1320.5, the EPA believes:

1. The NSR regulations do not require periodic reporting more frequently than semi-annually.

2. The NSR regulations do not require respondents to participate in any statistical survey.

3. Written responses to EPA inquiries are not required to be submitted in less than 30 days.

4. Special consideration has been given in the design of the NSR program to ensure that the 

requirements are, to the greatest extent possible, the same for federal requirements and those 

RAs who already have preconstruction permitting programs in place.

5. Confidential, proprietary and trade secret information necessary for the completeness of the 

respondent's permit are protected from disclosure under the requirements of section 503(e) and 

section 114(c) of the CAA.

6. The NSR regulations do not require more than one original and two copies of the permit 

application, update or revision to be submitted to the EPA.

7. Respondents do not receive remuneration for the preparation of reports required by the CAA or 

part 49, 51 or 52.

8. To the greatest extent possible, the EPA has taken advantage of automated methods of reporting.

9. The EPA believes the impact of NSR regulations on small entities to be insignificant and not 

disproportionate.

The recordkeeping and reporting requirements contained in the NSR program do not exceed any of the 

PRA guidelines contained in 5 CFR 1320.5, except for the guideline which limits retention of records by 

respondents to 3 years. The CAA requires both respondents and state or local agencies to retain records 

for a period of 5 years. The justification for this exception is found in 28 U.S.C. 2462, which specifies 

5 years as the general statute of limitations for federal claims in response to violations by regulated 

entities. The decision in U.S. v. Conoco, Inc., No. 83-1916-E (W.D. Okla., January 23, 1984) found that 

the 5-year general statute of limitations applied to the CAA.

3(f) CONFIDENTIALITY

Confidentiality is not an issue for the NSR program. In accordance with title V, section 503 (e), the 

information that is to be submitted by sources as a part of their permit application and update, 

applications for revisions and applications for renewals is a matter of public record. To the extent that 

the information required for the completeness of a federal permit is proprietary, confidential or of a 

nature that it could impair the ability of the source to maintain its market position, that information is 
6

collected and handled according to the EPA's policies set forth in title 40, chapter 1, part 2, subpart B--

Confidentiality of Business Information (see 40 CFR 2). States typically have similar provisions.

3(g) SENSITIVE QUESTIONS

The consideration of sensitive questions (i.e., sexual, religious, personal or other private matters) is not 

applicable to the NSR program. The information gathered for purposes of establishing an NSR permit 

for a source do not include personal data on any owner or operator.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) RESPONDENTS/STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODES

Table 4-1 lists the industrial groups the EPA expects will contain the majority of the industrial 

respondents affected by the NSR program. These categories were chosen because of their historic 

relative incidence in seeking NSR permits as established in prior ICRs and confirmed by a nationwide 

air pollutant emission inventory developed by the EPA in 1986-87. These industries have been used as 

the basis for impact analysis since that inventory.

Table 4-1. Most Numerous Industrial Respondents by Industrial Group 

Industry Group SIC NAICS†

Steam Electric Plants 491 221111, 22112, 22113, 

221119, 221121, 221122

Petroleum Refining 291 32411

Chemical Processes 281 325181, 32512, 325131, 

325182, 211112, 

325998, 331311, 325188

Natural Gas Transport 492 48621, 22121, 48621

Pulp Mills 261 32211, 322121, 322122, 

32213

Paper Mills 262 322121, 322122

Automobile 

Manufacturing

371 336111, 336112, 33612, 

336211, 336992, 

336322, 33633, 33634, 

33635, 336399, 336212, 

336213

Pharmaceuticals 283 325411, 325412, 

325413, 325414

† North American Industry Classification System

The respondents also include state and local air regulatory agencies that serve as the RAs for the NSR 

program. Because of the national scope of the NSR program, these governmental respondents are in all 

50 states. In total, we recognize 112 such state and local RAs.
7

An exception to the list of affected industries in Table 4-1 applies to the minor NSR program in Indian 

country. For that program, the industrial groups expected to be most affected are listed in Table 4-2.

Table 4-2. Most Numerous Industrial Respondents by Industrial Group in Indian Country

Industry Group NAICS

Animal food manufacturing 311119

Asphalt hot mix 324121

Auto body refinishing 811121

Beef cattle complex, slaughter house, and meat-packing plant 3116

Casting foundry (iron) 331511

Chemical preparation 3251

Clay and ceramics operations (kilns) 32711

Concrete batching plant 327320

Crude petroleum and natural gas extraction 211111

Electric power generation 22111

Fabricated metal products 3329

Fabricated structural metal 3323

Fiber glass operations 3279

Gasoline bulk plant 424710

Gasoline station (storage tanks, refueling) 4471

Grain elevator 424510

Machinery manufacturing 33311

Millwork (wood products manufacturing) 32191

Natural gas-distribution systems 221210

Natural gas liquid extraction (major source) 211112

Oil and gas production/operations (minor Oil & Gas) 21111

Other (natural gas-fired boilers) 72112a

Printing operations (lithographic) 323110

Professional, scientific, and technical services 54171b

Sand and gravel mining 212321

Sand- and shot-blasting operations 238990

Sawmills (minor source) 321113

Sawmills (major source) 321113

Sewage treatment facilities 221320

Softwood veneer and plywood manufacturing 321212

Solid waste landfill 562212

Surface coating operations 332812

Wood kitchen cabinet manufacturing 337110

a NAICS associated with “other” facilities is that for casino-hotels, which was the most frequently 

mentioned type of “other” facility.

b This sector included based on natural gas-fired boilers.
8

4(b) INFORMATION REQUESTED

4(b)(1) DATA ITEMS, INCLUDING RECORDKEEPING REQUIREMENTS

Tables A-1 and A-2 of Appendix A summarize the industry respondent data and information 

requirements that owners or operators of major sources must include in PSD and NA NSR construction 

permit applications. The tables also include the appropriate references in 40 CFR part 51 for the data and 

information requirements that govern the way states implement NSR programs. For each reference in 

part 51, corresponding language will be found in part 52. In this ICR analysis, the minor NSR burden is 

for owners or operators of minor sources to submit information to demonstrate that they are exempt 

from the major source construction permit requirements and that they will not cause or contribute to a 

violation of any NAAQS and that they will meet all requirements of the applicable implementation plan.

Because state minor NSR programs vary widely in form and requirements, it is not practical to list 

specific requirements for these programs other than the general requirements found in 40 CFR 51.160.

The specific items required by the minor NSR program for Indian country are listed in Appendix B.

Table A-3 of Appendix A summarizes the data and information requirements that state and local 

reviewing authority respondents must meet for major NSR permits. Table A-3 also shows the part 51 

references for the data and information requirements specified. Because of the variability of minor NSR 

programs, it is not practical to list specific requirements for these programs other than the general 

requirements found in 40 CFR 51.160 and 51.161. The EPA is the reviewing authority for the minor 

NSR program in Indian country. Thus, state and local agencies are not respondents for that program. 

4(b)(2) RESPONDENT ACTIVITIES

Table 6-1 lists the activities, burden and estimated costs for industry respondents under the NSR 

program under 40 CFR parts 49, 51 and 52. For the part C and D programs, these activities include three 

broad categories: Preparation and Planning; Data Collection and Analysis; and Permit Application. 

Within each of these categories, further subdivision of a source’s activities can be found. The EPA

anticipates it will take 1,610 part C major sources an average of approximately 1,006 hours to complete 

each PSD application, for a total of 1,619,660 hours. Each of the 486 part D NSR sources will require an 

average of 642 hours, or a total of approximately 312,012 hours each year, to complete part D NA NSR 

applications. Each minor source will require a weighted average of approximately 39 hours to complete 

its application requirements, for a total of 2,822,885 hours for state and local minor NSR programs and 

479,435 hours for minor NSR program in Indian country.

Table 6-2 lists the activities, burden and estimated costs for state and local RA respondents under the 

NSR program. We estimate that it will take these agencies an average of approximately 336 hours to 

complete each of the estimated 1,610 PSD applications, for a total of 540,960 hours annually. For each 

of the 486 part D NSR applications, we believe an average of 128 hours will be required, totaling

approximately 62,208 hours each year. Each minor NSR application will require a weighted average of 

approximately 29 hours, for an annual total of 2,095,140 hours. State and local agencies do not act as 

RAs for minor NSR program in Indian country. In addition, state and local RA respondents are expected 

to submit state implementation plan (SIP) revisions to conform their rules to amendments to the major 

NSR regulations in part 51. We estimate an average of 51 SIP revisions per year, each requiring 40 

hours to prepare for a total of 2,040 hours annually.
9

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY AND INFORMATION MANAGEMENT

5(a) AGENCY ACTIVITIES

Table 6-3 lists the EPA’s activities associated with NSR permitting. These activities generally involve 

oversight review of state and local RAs’ major NSR permitting actions and more complicated minor 

NSR actions to verify that the requirements of the CAA and the implementing part 51 and 52 regulations 

are being met. In addition, EPA will have to review the SIP revisions submitted by the RAs. Finally, the 

EPA serves as the RA for the minor NSR program in Indian country.

5(b) COLLECTION METHODOLOGY AND MANAGEMENT

The owners and operators of new or modified stationary sources affected by the NSR regulations will be 

responsible for submitting construction permit applications to the RA. The RA will log in permit 

applications, store applications in a central filing location at the RA’s offices, notify the Federal Land 

Manager (FLM) and provide a copy of the application (if applicable), and transmit copies of each 

application to the EPA. Once construction permits have been approved, the RA will submit control 

technology information to the EPA's RBLC database. Because the construction permits and associated 

control technology determinations are performed on a case-by-case basis, the regulations will not 

contain additional forms that owners or operators would have to fill out and submit to the RA. States 

will likely use their current permit application forms for NSR purposes. The NSR program in Indian 

country is an exception – the EPA has developed application forms for the registrations and permits 

required under that program.

Qualified personnel who work for the RA will perform permit reviews and check the quality of data 

submitted by the applicant on a case-by-case basis. The applicant will be required to submit information 

on how the data were obtained (e.g., indicate whether emissions data were obtained through the use of 

emissions factors or test data) and how the calculations were performed. The RA personnel will check 

data quality by reviewing test data and checking engineering calculations, and by reviewing control 

technology determinations for similar sources. The RBLC and other sources will be reviewed for 

information on control technology determinations made for sources similar to the sources included in the 

permit application. Confidential information submitted by the applicant will be handled according to the 

RA's confidential information handling procedures. The public will be provided the opportunity to 

review a permit application and other materials relevant to the RA’s decision on issuing the permit, 

including FLM findings, by obtaining a copy from the RA or by attending the public hearing. The NSR 

regulations will not require information through any type of survey. 

5(c) SMALL ENTITY FLEXIBILITY

The Regulatory Flexibility Act (RFA) requires regulatory agencies, upon regulatory action, to assess 

that action’s potential impact on small entities (businesses, governments, and small non-governmental 

organizations) and report the results of the assessments in (1) an Initial Regulatory Flexibility Analysis 

(IRFA), (2) a Final Regulatory Flexibility Analysis (FRFA), and (3) a Certification. For ICR approval, 

an agency must demonstrate that it "has taken all practicable steps to develop separate and simplified 

requirements for small businesses and other small entities" (5 CFR 1320.6(h)). In addition, the agencies 

must assure through various mechanisms that small entities are given an opportunity to participate in the 

rulemaking process. 
10

A Regulatory Flexibility Act Screening Analysis (RFASA) developed as part of a 1994 draft Regulatory 

Impact Analysis (RIA) and incorporated into the September 1995 ICR renewal analysis reported an 

initial regulatory flexibility screening analysis showed that the changes to the NSR program due to the 

1990 Clean Air Act Amendments would not have an adverse impact on small entities.2 This analysis 

encompassed the entire universe of applicable major sources that were likely to also be smallbusinesses. The Agency estimates there are approximately 50 “small business” major sources.3 Because 

the administrative burden of the NSR program are the primary source of the NSR program’s regulatory 

costs, the analysis estimated a negligible “cost to sales” (regulatory cost divided by the business 

category mean revenue) ratio for this source group. Currently, there is no economic basis for a different 

conclusion at this time.

5(c)(1) MEASURES TO AVERT IMPACTS ON SMALL ENTITIES

The Agency may not, under any circumstances, exempt a major source of air pollution. Since the 

impacts of NSR regulations which may impact small entities are predominantly to major sources, little 

room exists for regulatory flexibility to avert the impact of the proposed rulemaking on small entities 

through exemption. 

5(c)(2) MEASURES TO MITIGATE IMPACTS ON SMALL ENTITIES

Even though the NSR program is not anticipated to have an adverse impact on a significant number of 

small businesses, measures are in place to assist in those incidental exceptions. Implementation of small 

business stationary source technical and environmental compliance assistance programs, as called for in 

section 507 of the CAA (at the federal and state levels) can reduce the reporting burden of small entities 

which are subject to major NSR. These programs may significantly alleviate the economic burden on 

small sources by establishing: (1) programs to assist small businesses with determining what CAA

requirements apply to their sources and when they apply and (2) guidance on alternative control 

technology and pollution prevention for small businesses.

5(d) COLLECTION SCHEDULE

Respondents are not subjected to a collection schedule per se under NSR permitting regulations of 

parts 49, 51 and 52. In general, each affected source is required to submit an application as a prerequisite 

to receiving a construction permit. Preparation of a construction permit application is a one-time-only 

activity for each project involving construction of a new source or modification of an existing source. 

The applicable SIP typically states the time period that is necessary to process a permit application and 

issue a permit; consequently, a prospective source would be obliged to work backward from the hopeful 

commencement of construction to determine the optimum submittal date for the application. The NSR 

permit regulations will not require periodic reporting or surveys.

 

2

“Economic Assessment of the Impacts of Part C and D Regulatory Changes,” June 2, 1994.

3 The definition for “small business” employed for all SIC categories in this analysis was any business 

employing fewer than 500 employees. 
11

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN

Burden means the total time, effort or financial resources expended by persons to generate, maintain, 

retain, or disclose or provide information to or for a federal agency. This includes the time needed to 

review instructions; develop, acquire, install, and utilize technology and systems for the purposes of 

collecting, validating and verifying information, processing and maintaining information, and disclosing 

and providing information; adjust the existing ways to comply with any previously applicable 

instructions and requirements; train personnel to be able to respond to a collection of information; search 

data sources; complete and review the collection of information; and transmit or otherwise disclose the 

information. The burden estimate should be composed of (1) a total capital and start-up cost component 

annualized over its useful life; (2) a total operation, maintenance and purchases of services component. 

Each component should be divided into burden borne directly by the respondent and any services that 

are contracted out. 

Table 6-1 identifies the average burden by activity for the industrial respondents. The average burden for 

several PSD tasks have increased since the last 2008 renewal, primarily as a result of the incorporation 

of GHGs into the program (EPA ICR No. 1230.28) and the addition of additional PM2.5 requirements 

(EPA ICR No. 1230.31). As a result, the average burden for an industrial respondent has increased from 

866 hours per PSD permit to 1,006. The Flexible Air Permitting Rule (EPA ICR No. 1230.26) also 

caused a small increase to PSD permit burden, but that was more than offset by the reduction in the 

number of permits that resulted. An estimated 34 of the 1,610 part C (PSD) permit applications will 

require preconstruction air quality monitoring. More specifically, these 34 sources represent about 

12 percent of the 274 sources that are expected to be subject to PSD each year for non-GHG pollutants. 

(Preconstruction monitoring is never required for GHGs.) This direct start-up cost is estimated at 

$366,006 per source. This value was derived by applying the Bureau of Labor Statistics’ (BLS’) online 

inflation calculator to the value used in the 2008 renewal ($335,165).4 The industry respondent burden 

for a part D permit remains unchanged from the 2008 renewal.

In previous renewals, the average burden for preparing and submitting minor NSR permit applications 

under state/local programs has reflected a range of estimated burden from 8 to 120 hours, depending on 

the nature of the permit action required. The average assumed the following average burdens for 

different types of permit actions (percent of total actions in parentheses): 40 hours for new minor 

sources, new synthetic minor sources, and synthetic-based modifications (30 percent); 8 hours for true 

minor modifications (30 percent); 120 hours for netting-based minor modifications (20 percent); and 

8 hours for minor/administrative permit revisions (20 percent). However, since the last renewal, the EPA 

promulgated the Flexible Air Permitting Rule which encouraged the use of flexible permitting 

techniques which tend to require additional burden in the initial permit, but reduce the need for 

subsequent permits and permit revisions. As calculated in the revised ICR prepared for that rulemaking

(EPA ICR No. 1230.26), the overall burden for minor NSR permitting in state/local programs fell to 

2,822,885 hours per year and the number of permits was reduced to 72,841 annually. Based on these 

final numbers, which are unchanged in this renewal, the weighted average burden for each minor NSR 

permit is about 39 hours.

 

4

http://data.bls.gov/cgi-bin/cpicalc.pl?cost1=335165&year1=2007&year2=2011. This online calculator 

provides the inflation in the Consumer Price Index between any two years. In this case, we entered the 

amount in 2007 dollars ($335,165) and retrieved the inflated value in 2011 dollars ($366,006).
12

The burden for industry respondents for the minor NSR program in Indian country was similarly 

calculated in an ICR revision prepared for that rulemaking (EPA ICR No. 1230.27). For this ICR 

renewal we have used the burdens and costs developed for that ICR, although we have updated the 

number of sources subject to each type of action to reflect the progress that has been made in 

implementing the rule. The Indian country NSR rule also addressed the NA NSR part D program in 

Indian country, but we estimated in the ICR revision for that rule that an average of only one source 

subject to the rule would require permitting annually. Rather than calculate that small burden as separate

line item, for this renewal we have simply included that single source in the overall part D program 

calculations.

Table 6-2 identifies the average burden by activity for the state and local reviewing authority 

respondents. Changes that were made for the 2008 renewal pursuant to consultation with NACAA to 

more accurately reflect the burdens of these activities have been retained in this renewal. Since the 2008 

renewal, the per-permit burden for a PSD permit has increased from 301 hours to 336 hours as a result 

of the same factors noted above for the industry respondents. The burden for a part D permit has 

increased marginally (from 127 to 128 hours) as a result of the Flexible Air Permitting Rule, although 

the overall burden went down as a result of that rule because of a decrease in the number of permits 

required annually. The burden for reviewing a minor NSR permit application and issuing the permit fell 

to a weighted average of about 29 hours.

6(b) ESTIMATING RESPONDENT COSTS 

6(b)(i) ESTIMATING LABOR COSTS

In this ICR, nearly the entire burden for all respondents (and the EPA) is treated as a labor cost. The 

explanation for the absence of capital and operations and maintenance costs appears below in 

sections 6(b)(ii) and 6(b)(iii). Consequently, in general, there is only an annual value of the costs of the 

ICR burden, which is equal to the cost of the first yearly outlay. For much of the NSR program, the 

same annual ICR burden and cost are reported for each year because the EPA projects that the yearly 

average number of permit applications will be constant over the term of the ICR. However, the minor 

NSR program in Indian country is an exception in that in the first 2 years of the term of this ICR 

renewal, existing, new and modified minor sources will only be required to register, while in the third 

year new and modified minor sources will be required to obtain permits. The annual values for industry 

respondents reported in Table 6-1 for this program represent the average annual number of respondents 

and average burden hours per registration/permit.

In order to improve the accuracy of burden estimates, this renewal ICR updates the wage rates to values

in 2011 dollars. The labor rate used to calculate the industrial respondents’ labor cost is $99/hr. The 

industrial labor rate was obtained from Table 2 in the Bureau of Labor Statistics (BLS) survey

“Employer Costs for Employee Compensation,” June 2011, for “professional and related” workers. To 

determine the rate per hour, a 110 percent overhead was assumed. The resultant rate was rounded to the 

nearest dollar, yielding $99/hr.

Following the same assumptions as the 2008 ICR renewal, 34 of the industrial respondents submitting 

part C (PSD) permit applications will conduct preconstruction ambient air quality monitoring. The 

average cost for this activity is estimated to be $366,006, which is the inflation-adjusted figure based on 

the value of $335,165 included in the 2008 ICR renewal. As note previously, this inflation adjustment 

was made using the BLS’ online inflation calculator. 
13

The labor rate used to calculate the state and local respondents’ labor cost is $81/hr. This rate was also 

obtained from the BLS survey.

5 We assumed 100 percent overhead for state and local agency labor. 

Table 6-2 presents the state and local agency respondents’ burden and costs. Their annual cost is equal 

to the cost of the first year outlay, which recurs each year.

6(b)(ii) ESTIMATING CAPITAL AND OPERATIONS AND MAINTENANCE COSTS

Even if an applicant is a brand new company and the prospective source is a “greenfield” source (the 

EPA estimates less than 1 percent of the combined number of major and minor industrial respondents fit 

that description) most, and perhaps all, of the equipment needed to prepare permit applications (for 

example, the computers and basic software) will be part of the source’s business operation inventory. 

Furthermore, much of the data and regulatory and policy information for making technology 

determinations and even models for performing ambient air impact analyses are available in electronic 

form from several different EPA web sites for just the communication charges, which are typically 

absorbed in routine business overhead expenses.

Since the purchase of capital equipment is believed to be an insignificant factor in permit application 

preparation, the EPA assumes the operation, maintenance, or services for same are negligible. Further, 

once a permit is issued, there is no operations and maintenance cost associated with it. It remains 

unaltered unless the source or the permitting authority discovers specific reasons to reexamine it and 

change any conditions or specifications. If purely administrative, the changes are handled exclusively by 

the permitting authority. If changes have the potential for environmental consequences, the action may 

be significant enough to be counted as a separate and new application, to which a new burden and cost 

may be ascribed.

6(b)(iii) CAPITAL/START-UP OPERATING AND MAINTENANCE (O&M) COSTS 

Capital/start-up and O&M costs are non-labor related costs. One-time capital/start-up costs are incurred 

with the purchase of durable goods needed to provide information. According to the PRA, capital/startup cost should include among other items, preparations for collecting information such as purchasing 

computers and software, monitoring, sampling, drilling and testing equipment. As a practical matter, 

these costs are not typical of the costs associated with preparing a major source permit application. For 

the same reason, the O&M costs associated with start-up capital equipment are zero for most of the 

sources for this ICR. However, as shown in Table 6-1, 34 of the 1,610 part C (PSD) permit applications 

are projected to require preconstruction air quality monitoring, which costs $12,444,204. This one-time 

cost includes pre-application monitoring of air quality via contract services. In addition, Table 6-1 also 

shows small capital/start-up costs for industry respondents in the Indian country minor NSR program. 

Many of the sources subject to that program have never been subject to any type of air regulations 

before, and we believe that there may be some costs for such sources.

6(b)(iv) ANNUALIZING CAPITAL COSTS 

Typically annualized capital cost would be derived from a discounted net present value of the stream of 

costs that would occur over the life of the permit, or the ICR, whichever is shorter. However, in the case 

of NSR, there are only labor costs for preparing and processing permit applications. Labor costs are 

 

5 State/Local rates obtained from "Employer Costs for Employee Compensation, Table 4: Employment 

Costs for State and Local Government Workers" U.S. Dept. of Commerce, BLS, June 2011. 

(http://www.bls.gov/news.release/ecec.t04.htm accessed 9/19/11)
14

expensed when incurred and not amortized. Therefore, the capital costs for NSR permitting are zero. A 

minor exception is the capital/start-up costs noted above for the minor NSR program in Indian country, 

which were annualized to derive the annual costs reported in Table 6-1.

6(c) ESTIMATING AGENCY BURDEN AND COST

Staff in the EPA’s Regional Offices typically review major NSR permits and more complicated minor 

NSR permits issued by state and local reviewing authorities. In addition, Regional Office staff will now 

also serve as the RA for the minor NSR program in Indian country. The EPA expects its review of NSR 

permits to comprise the tasks listed in Table 6-3. The cost estimate uses a “loaded” labor rate of $46/hr. 

The rate reflects the assumption that the staff reviewing permits are classified as Grade 12 Step 1. The 

corresponding salary is loaded with benefits at the rate of 60 percent.

6

6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COST

For the purpose of estimating burden in this ICR, the respondent universe is defined by the annual 

number of permit applications prepared by major and minor sources, and the annual number of permit 

applications processed by state and local RAs. These numbers are based on the currently approved ICR 

for the NSR program, which is a revision to add the impact of the PM2.5 Increments, SILs and SMC rule 

(EPA ICR No. 1230.31) to the NSR program. (This burden was originally approved under EPA ICR 

No. 2276.02, OMB Control No. 2060-0609.) The universe of permits was revised from this baseline to 

account for additional PSD permits that will be required now that GHGs have come under the PSD 

program and the phase-in has progressed since that impact was last evaluated (in EPA ICR No. 

1230.28). In addition, the number of minor NSR permits in Indian country was revised to reflect the 

progress that will be made in that program during the term of this ICR renewal.

This analysis uses the 112 RA count used by other permitting ICRs and the appropriate source count for 

individual permit-related items (e.g., attending pre-application meetings with the source). The resulting 

number of responses for this ICR renewal is then estimated to be as follows:

1. 1,610 part C (PSD) permit applications prepared by industry.

2. 486 part D (nonattainment) permit applications prepared by industry.

3. 72,841 minor NSR permit applications prepared by industry in state/local programs.

4. 12,432 minor source registrations and minor NSR applications prepared by industry in Indian 

country

5. 1,610 part C (PSD) permit applications processed by state and local RAs.

6. 486 part D (nonattainment) permit applications processed by state and local RAs.

7. 72,841 minor NSR permit applications processed by state and local RAs.

For each category of permit application except minor sources in Indian country, the total number of 

responses is twice the number of permit applications. (This is not the case for the minor NSR program in 

Indian country because the EPA acts as the RA for that program.) In addition, each RA must submit 

changes to its existing SIP program or demonstrate that its existing programs are at least equivalent to 

the EPA’s new requirements. Over the next 3 years, we anticipate that all 112 RAs will submit a SIP 

revision to add PM2.5 to their major NSR programs, 28 will submit a SIP revision for GHGs and 13 will 

 

6 Federal Labor Cost obtained from U.S. Office of Personnel Management 2011 General Schedule Table 

2011-GS. Hourly labor rate assumed is GS-12, Step 1 (Technical Labor).
15

submit a SIP revision for the NSR Reform rulemaking. This comes to a total of 153 over 3 years, or an 

average of 51 per year.

The total annual effort for industry respondents submitting Part C (PSD) permit applications is 

1,619,660 hours, and the corresponding annual cost is $172,790,544. The total annual effort for industry

respondents submitting part D (nonattainment) permit applications is 312,012 hours, and the 

corresponding annual cost is $30,889,188. The total annual effort for industry respondents submitting 

minor NSR permit applications to state/local programs is 2,822,885 hours, and the corresponding annual 

cost is $279,465,615. The total annual effort for industry respondents submitting registrations and minor 

NSR permit applications for the Indian country program is 479,435 hours, and the corresponding annual 

cost is $5,353,200. For industry respondents, the overall total annual effort is 5,233,992 hours and 

$488,498,547.

The total annual effort for state and local respondents processing part C (PSD) permit applications is 

540,960 hours, and the corresponding annual cost is $43,817,760. The total annual effort for state and 

local respondents processing part D (nonattainment) permit applications is 62,208 hours, and the 

corresponding annual cost is $5,038,848. The total annual effort for state and local respondents 

processing minor NSR permits is 2,095,140 hours, and the corresponding annual cost is $169,706,340. 

State and local respondents also will spend approximately 2,040 hours for SIP revisions, for an annual 

cost of $165,240. For the state and local respondents, the overall total annual effort is 2,700,348 hours 

and $218,728,188.

6(e) BOTTOM LINE BURDEN HOURS AND COST TABLES

6(e)(i) RESPONDENT TALLY

Table 6-4 summarizes the estimated burden and cost to industry respondents, state and local agency 

respondents, and the EPA for submittal and processing of NSR permit applications and the issuance of 

the permits. It also includes the cost to the respective respondents and reviewing agencies for 

nonapplicability findings, which preclude sources from further major source requirements. For industry 

and state and local agency respondents, the overall total annual burden is 7,934,340 hours and 

$707,226,735.

6(e)(ii) THE AGENCY TALLY 

The total annual effort for the EPA for processing part C (PSD) permit applications is 25,760 hours, and 

the corresponding annual cost is $1,184,960. The total annual effort for the EPA for processing part D 

(nonattainment) permit applications is 7,776 hours, and the corresponding annual cost is $357,696. The 

total annual effort for the EPA for processing minor NSR permits in state/local programs is 6,964 hours, 

and the corresponding annual cost is $320,344. The total annual effort for the EPA for serving as the RA

for the minor NSR program in Indian country is 44,568 hours, and the corresponding annual cost is 

$4,567,077. For the EPA, the overall total annual effort is 85,323 hours and $6,441,807.

6(f) REASONS FOR CHANGE IN BURDEN

The burden has changed since the previous renewal due in part to an increase in the number of responses 

and per-permit burden due to the addition of GHGs to the PSD program. In addition, the extension of 

minor NSR and part D programs to Indian country to fill these regulatory gaps has increased the number 
16

of responses and the overall burden. Finally, the burden has been increased by the addition of provisions 

in the PSD program that will allow full integration of PM2.5.

Also contributing to the increase in burden has been a change in the labor rates. As explained in 

section 6(b)(i), in order to improve the accuracy of burden estimates, the rates were recalculated using 

2011 values for wages.

6(g) BURDEN STATEMENT

The average annual burden on an industrial respondent submitting a part C (PSD) permit application is 

1,006 hours. The average annual burden on an industrial respondent submitting a part D (nonattainment) 

permit application is 642 hours. The average annual burden on an industrial respondent submitting a 

minor NSR permit application is about 39 hours in a state/local program and 39 hours in Indian country.

The average annual burden on a state or local RA respondent processing a part C (PSD) permit 

application is 336 hours. The average annual burden on a state or local RA respondent processing a 

part D (nonattainment) permit application is 128. The average annual burden on a state or local agency 

respondent processing a minor NSR permit application is about 29 hours. The average annual burden on 

a state or local RA submitting a SIP revision is 40 hours.

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, verifying, processing, maintaining, 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 the EPA’s regulations 

are listed in 40 CFR part 9 and 48 CFR Chapter 15.

For those interested in commenting 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, the EPA has established a public docket for this ICR under 

Docket ID No. EPA-HQ-OAR-2011-0901, 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, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-

1744, and the telephone number for the Air Docket 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. Once 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, DC 20503, 

Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA-HQ-OAR-2011-0901 and 

OMB control number 2060-0003 in any correspondence. 
17

Table 6-1. Industry Respondent Burden and Cost (Annual)

Activity Units

Hours 

per Unit

Annual 

Hours Annual Cost 

I. Part C (PSD)

A. Preparation and Planning

Determination of Compliance Requirements 1,610 170 273,700 $27,096,300

Obtain Guidance on Data Needs 1,610 169 272,090 $26,936,910

Preparation of BACT Analysis 1,610 148 238,280 $23,589,720

B. Data Collection and Analysis

Air Quality Modeling 1,610 225 362,250 $35,862,750

Determination of Impact on Air Quality Related 

Values 1,610 113 181,930 $18,011,070

Post-construction Air Quality Monitoring 1,610 56 90,160 $8,925,840

C. Permit Application

Preparation and Submittal of Permit Application 1,610 60 96,600 $9,563,400

Public Hearings 1,610 25 40,250 $3,984,750

Revisions to Permit 1,610 40 64,400 $6,375,600

D. Subtotal Burden 1,006 1,619,660 $160,346,340

E. Direct Costs for Preconstruction Air Quality 

Monitoring 34 $12,444,204

F. Total Costs $172,790,544 

II. Part D (Non-attainment)

A. Preparation and Planning

Determination of Compliance Requirements 486 150 72,900 $7,217,100 

Obtain Guidance on Data Needs 486 100 48,600 $4,811,400 

B. Data Collection and Analysis

Preparation of LAER Engineering Analysis 486 52 25,272 $2,501,928 

Demonstrate Offsets 486 52 25,272 $2,501,928 

Prepare Analysis of Alternative Sites, Processes, etc. 486 60 29,160 $2,886,840 

Air Quality Modeling 486 130 63,180 $6,254,820 

C. Permit Application

Preparation and Submittal of Permit Application 486 49 23,814 $2,357,586 

Public Hearings 486 25 12,150 $1,202,850 

Revisions to Permit 486 24 11,664 $1,154,736 

D. Total 642 312,012 $30,889,188

III. Minor NSR - State/Local Programs

Preparation and Submittal of Minor NSR Permit 

Application a 72,841 39 2,822,885 $279,465,615 

IV. Minor NSR - Indian Country Program

A. Preparation and Submittal of Registrations and 

Permit Applications a 12,432 39 479,435 $5,212,341

B. Capital Costs (Non-Labor) 12,432 $140,859

C. Total $5,353,200

V. GRAND TOTAL 87,369 5,233,992 $488,498,547

a The hours per unit for these activities are weighted averages rounded to the nearest whole number in this table.
18

Table 6-2. State and Local RA Respondent Burden and Cost (Annual)

Activity Units

Hours 

per Unit

Annual 

Hours Annual Cost

I. Part C (PSD)

A. Attend Preapplication Meetings 1,610 44 70,840 $5,738,040

B. Answer Respondent Questions 1,610 27 43,470 $3,521,070

C. Log In and Review Data Submissions 1,610 22 35,420 $2,869,020

D. Request Additional Information 1,610 10 16,100 $1,304,100

E. Analyze for and Provide Confidentiality Protection 1,610 24 38,640 $3,129,840

F. Prepare Completed Applications for Processing 1,610 39 62,790 $5,085,990

G. File and Transmit Copies 1,610 8 12,880 $1,043,280

H. Prepare Preliminary Determination 1,610 41 66,010 $5,346,810

I. Prepare Notices for and Attend Public Hearings 1,610 41 66,010 $5,346,810

J. Application Approval 1,610 51 82,110 $6,650,910

K. Notification of Applicant of RA Determination 1,610 8 12,880 $1,043,280

L. Submittal of Information on BACT/LAER to RBLC 1,610 21 33,810 $2,738,610

M. Total 336 540,960 $43,817,760

II. Part D (Non-attainment)

A. Attend Preapplication Meetings 486 7 3,402 $275,562 

B. Answer Respondent Questions 486 10 4,860 $393,660 

C. Log In and Review Data Submissions 486 10 4,860 $393,660 

D. Request Additional Information 486 4 1,944 $157,464 

E. Analyze for and Provide Confidentiality Protection 486 4 1,944 $157,464 

F. Prepare Completed Applications for Processing 486 16 7,776 $629,856 

G. File and Transmit Copies 486 4 1,944 $157,464 

H. Prepare Preliminary Determination 486 10 4,860 $393,660 

I. Prepare Notices for and Attend Public Hearings 486 19 9,234 $747,954 

J. Application Approval 486 21 10,206 $826,686 

K. Notification of Applicant of RA Determination 486 2 972 $78,732 

L. Submittal of Information on BACT/LAER to RBLC 486 21 10,206 $826,686 

M. Total 128 62,208 $5,038,848

III. Minor NSR - State/Local Programs

Total for Preparation and Submittal of Minor NSR 

Permit Application a 72,841 29 2,095,140 $169,706,340 

IV. SIP Revisions

Revision of SIP 51 40 2,040 $165,240 

V. GRAND TOTAL 74,988 2,700,348 $218,728,188 

a The hours per unit for this activity is a weighted average rounded to the nearest whole number in this table.
19

Table 6-3. Agency Burden and Cost (Annual)

Activity Units

Hours 

per 

Unit

Annual 

Hours

Annual 

Cost 

($1000)

I. Part C (PSD)

A. Review and Verify Applicability Determination 1,610 2 3,220 $148,120

B. Review Control Technology Determination 1,610 4 6,440 $296,240

C. Evaluate Air Quality Monitoring 1,610 1 1,610 $74,060

D. Evaluate Alternative and Secondary Impact Analysis 1,610 5 8,050 $370,300

E. Evaluate Class I Area Analysis 1,610 3 4,830 $222,180

F. Administrative Tasks 1,610 1 1,610 $74,060

G. Total 16 25,760 $1,184,960

II. Part D (Non-attainment)

A. Review and Verify Applicability Determination 486 2 972 $44,712 

B. Review Control Technology Determination 486 4 1,944 $89,424 

C. Evaluate Offsets 486 1 486 $22,356 

D. Evaluate Air Quality Monitoring 486 5 2,430 $111,780 

E. Evaluate Alternative and Secondary Impact Analysis 486 3 1,458 $67,068 

F. Administrative Tasks 486 1 486 $22,356 

G. Total 16 7,776 $357,696

III. Minor NSR – State/Local Programs

Review Synthetic/Netting-Based Minor NSR Permits 2,957 2 6,964 $320,344 

IV. Minor NSR - Indian Country Program

Review Minor NSR Permits and Registrations a

12,432 4 44,568 $4,567,077

V. SIP Revisions

Review of SIP revisions 51 5 255 $11,730

VI. GRAND TOTAL 17,536 85,323 $6,441,807

a The hours per unit for this activity is a weighted average rounded to the nearest whole number in this table.
20

Table 6-4. NSR Program Information Collection Burden Summary

Total Per Unit

Part C 

(PSD)

Part D 

(Nonattainment)

Minor NSR 

State/Local

Minor NSR 

Indian 

Country

Cumulative 

Total a+b

Part C 

(PSD)

Part D 

(Nonattainment)

Minor NSR

State/Local

Minor 

NSR 

Indian 

Country

Number of Responsesa 3,220 972 145,682 12,432 162,357

Respondent 

Burden 

Hours

Industry 1,619,660 312,012 2,822,885 479,435 5,233,992 1,006 642 39 39

State/Local 540,960 62,208 2,095,140 0 2,700,348 336 128 29 0

Industry and 

State/ Local 

Agency Totals

2,160,620 374,220 4,917,995 479,435 7,934,340 1,342 770 68 39

Federal (Agency) Burden 25,760 7,776 6,964 44,568 85,323 16 16 2 4

Program Grand Total Burden 2,186,380 381,996 4,924,959 524,003 8,019,663

Respondent 

Annual Cost 

($1000)

c

Industry Labord $160,346 $30,889 $279,466 $5,212 $475,913 $99.59 $63.56 $3.84 $0.42

Other Direct 

Costse $12,444 $0 $0 $141 $12,585 $366.01 $0.00 $0.00 $0.01

Total Industry 

Costsf

$172,791 $30,889 $279,466 $5,353 $488,499 $107.32 $63.56 $3.84 $0.43

State/Local Costs $43,817 $5,039 $169,706 $0 $218,728 $27.22 $10.37 $2.33 $0

Industry and 

State/Local 

Agency Totals

$216,608 $35,928 $449,172 $5,353 $707,227

Agency Annual Costs ($1000) $1,185 $358 $320 $4,567 $6,442 $0.74 $0.74 $0.00 $0.37

Program Grand Total Costs 

($1000) $217,793 $36,286 $449,492 $9,920 $713,669 $135.28 $74.66 $6.17 $0.80

(a) In general, the number of responses is twice the number of permitting actions for a given category due to (1) the applicant preparing the application, and (2) the 

state/local reviewing authority reviewing and issuing the permit. For the minor NSR program in Indian country the number of responses is the number of permitting 

actions because the EPA is the reviewing authority.

(b) The 112 reviewing authorities are expected to submit an average of 51 SIP revisions per year totaling 2,040 hours and $165,240 to conform their major NSR programs 

to the revised rules. The EPA will review the 51 SIP revisions per year, totaling 255 hours and $11,730. These figures are added into the Cumulative column.

(c) In general, costs are in thousands of current (2011) dollars and represent one-time permit application costs. For the minor NSR program in Indian country, costs are in 

2009 dollars.

(d) The EPA estimates that 30% of the in-house hourly burden may be contracted, but because it is at the discretion of the applicant, the cost has not been converted to 

direct cost. Furthermore EPA assumes the labor rate would remain the same, in which case there is no impact on total annual costs.

(e) These direct costs are primarily for 34 PSD sources (approximately 12% of the 274 sources that are subject to PSD for pollutants other than greenhouse gases) at 

$366,006 per source, for pre-application monitoring of air quality via contract services. This cost is not incurred by Part D or minor NSR permit applicants. However, 

minor NSR applicants in Indian country, many of whom have never been subject to any type of air regulations before, are projected to incur some capital costs.

(f) Per unit cost for PSD permits reflects the direct cost for pre-application monitoring averaged over all PSD permits. The estimated 34 sources that require preconstruction 

monitoring are estimated to incur an average total cost of $465,600 per application. The others will incur an average of $99,594.
21

APPENDIX A

INFORMATION REQUIREMENTS
22

TABLE A-1. INDUSTRY RESPONDENT DATA AND 

INFORMATION REQUIREMENTS FOR

 PREPARING PART C (PSD) CONSTRUCTION PERMITS

Requirement Regulation Reference

All information necessary to perform any analysis or make any 

determination required

40 CFR 51.166(n)(1)

Description of the nature, location, design capacity, and typical operating 

schedule

40 CFR 51.166(n)(2)(i)

Detailed schedule for construction 40 CFR 51.166(n)(2)(ii)

Description of continuous emission reduction system, emission estimates, 

and other information needed to determine that BACT is used

40 CFR 51.166(n)(2)(iii)

Air quality impact, meteorological, and topographical data 40 CFR 51.166(n)(3)(i)

Nature and extent of, and air quality impacts of general commercial, 

residential, industrial, and other growth in area of source

40 CFR 51.166(n)(3)(ii)

Use of air quality models to demonstrate compliance with NAAQS and 

increment

40 CFR 51.166(k) & (l)

Air quality monitoring data 40 CFR 51.166(m)

Impairment of visibility, soils, and vegetation 40 CFR 51.166(o)(1)

Air quality impact resulting from general commercial, residential, industrial, 

and other growth associated with source

40 CFR 51.166(o)(2)

Written notice of proposed relocation from portable source 40 CFR 51.166(i)(1)(iii)(d)

Description of the location, design construction, and operation of building, 

structure, facility, or installation

40 CFR 51.160(c)(2)

Description of the nature and amounts of emissions to be emitted 40 CFR 51.160(c)(1)

Description of the air quality data and dispersion or other air quality

modeling used

40 CFR 51.160(f)

Sufficient information to ensure attainment and maintenance of NAAQS 40 CFR 51.160(c)-(e), 

40 CFR 51.161-163
23

Table A-2: INDUSTRY RESPONDENT DATA AND INFORMATION REQUIREMENTS FOR 

PREPARING 

PART D (NONATTAINMENT NSR) CONSTRUCTION PERMITS

Requirements Regulation Reference

Documentation that LAER is being applied 40 CFR 51.165(a)(2);

40 CFR part 51, 

Appendix S, 

section IV.A;

40 CFR 52.24(k)

Documentation that all sources owned or operated by same person are in 

compliance

40 CFR 51.165(a)(2);

40 CFR part 51, 

Appendix S, 

section IV.A;

40 CFR 52.24(k)

Documentation that sufficient emissions reductions are occurring to comply 

with specific offset requirements and to ensure RFP

40 CFR 51.165(a)(3);

40 CFR part 51, 

Appendix S, 

section IV.A;

40 CFR 52.24(k)

Documentation that benefits of proposed source significantly outweigh the 

environmental and social costs imposed as a result of its location, 

construction, or modification

40 CFR 51.165(a)(2)

Description of the location, design construction, and operation of building, 

structure, facility, or installation

40 CFR 51.160(c)(2)

Description of the nature and amounts of emissions to be emitted 40 CFR 51.160(c)(1)

Description of the air quality data and dispersion or other air quality 

modeling used

40 CFR 51.160(f)

Sufficient information to ensure attainment and maintenance of NAAQS 40 CFR 51.160(c)-(e)

40 CFR 51.161

40 CFR 51.162

40 CFR 51.163
24

TABLE A-3. PERMITTING AGENCY DATA

AND INFORMATION REQUIREMENTS

Requirement Regulation Reference

Early FLM notification and opportunity to participate in meetings 40 CFR 51.166(p)(1)(ii)

Submission of all permit applications to EPA 40 CFR 51.166(q)(1)

Submission of notice of application, preliminary determination, 

degree of increment consumption, and opportunity for public 

comment

40 CFR 51.166(q)(2)(iv)

Submission to FLM of permit applications 40 CFR 51.166(p)(1)

Submission of written request to exempt sources from review 40 CFR 52.21(i)(4)(vi)

Written request for use of innovative control technology 40 CFR 51.166(s)

Establishing and operating a permitting program for all new 

sources

40 CFR 51.160

Provide notice to EPA of all permits 40 CFR 51.161(d)

Provide for public comment for all NSR permits 40 CFR 51.161
25

APPENDIX B

CALCULATIONS AND INFORMATION REQUIREMENTS

FOR

THE MINOR NSR PROGRAM IN INDIAN COUNTRY
26

Table B-1. Estimated Total Burden and Cost to Industry to Implement Reporting and Recordkeeping Requirements During 3-Year 

Term of the ICRa

Affected Source Type

Number of 

Affected 

Sources

Total Hours 

per Source

Total Hours 

(All Sources, 

3 Years) b

Annualized 

Non-Labor 

Capital Cost per 

Source c

Total Cost 

per 

Source d

Total 

Annualized 

Non-Labor 

Capital Costs Total Costs

New Minor Sources (Years 1 and 2) -

Registration 2,536 5 12,680 $4 $62 $10,144 $157,232

New Minor Sources (Year 3) - Permitting 1,268 286 1,087,944 $191 $9,435 $242,188 $11,963,580

Modifications to Minor Sources (Years 1 and 2) -

Registration 328 5 1,640 $4 $62 $1,312 $20,336

Modifications to Minor Sources (Year 3) -

Permitting 164 286 140,712 $191 $9,435 $31,324 $1,547,340

Existing Synthetic Minor Sources - Permitting 79 65 5,135 $4 $618 $316 $48,822

Existing True Minor Sources - Registration 32,891 5 164,455 $4 $62 $131,564 $2,039,242

Minor Modifications to Major Sources -

Permitting 6 286 5,148 $191 $9,435 $1,146 $56,610

New Synthetic Minor Sources - Permitting 24 286 20,592 $191 $9,435 $4,584 $226,440

Totals for 3 Years 37,296 1,438,306 $422,578 $16,059,602

Annual averages 12,432 479,435 $140,859 $5,353,201

Annual average labor cost $5,212,341

a

 Reproduced from EPA ICR No. 1230.27; revised to update phases of implementation during the term of this ICR.

b

 Sources only subject to one-time registration or permitting costs (new minor sources during the first 2 years, modifications to minor sources during the first 2 years, 

existing minor sources, and existing synthetic minor sources) are only attributed hours for 1 year. For the remaining affected sources, hours per year were multiplied by 3 

years.

c The associated non-labor capital costs for one-time and recurring activities for permitting new minor sources, modifications to minor sources, minor modifications to major 

sources, and new synthetic sources is $1,340. Annualized based on a repayment period of 10 years and an interest rate of 7 percent, the amount is $191. For 

registrations the non-labor capital costs are $25 and for existing synthetic minor sources these costs are $31; annualized based on a repayment period of 10 years and 

an interest rate of 7 percent, both result in $4.

d Sum of total recurring costs and the annualized non-labor cost.
27

Table B-2. Estimated Total Burden and Cost to EPA to Act as RA During 3-Year Term of the ICRa

Affected Source Type

Number of 

Affected 

Sources (First 

3 Years)

Average Total 

Hours per 

Source Total Hours 

Average Cost per 

Source Total Costs

New Minor Sources (Years 1 and 2) - Registration 2,536 2 5,072 $180 $456,480

New Minor Sources (Year 3) - Permitting 1,268 42 53,256 $4,932 $6,253,776

Modifications to Minor Sources (Years 1 and 2) - Registration 328 2 656 $180 $59,040

Modifications to Minor Sources (Year 3) - Permitting 164 42 6,888 $4,932 $808,848

Existing Synthetic Minor Sources - Permitting 79 10 790 $693 $54,747

Existing True Minor Sources - Registration 32,891 2 65,782 $180 $5,920,380

Minor Modifications to Major Sources - Permitting 6 42 252 $4,932 $29,592

New Synthetic Minor Sources - Permitting 24 42 1,008 $4,932 $118,368

Totals for 3 Years 37,296 133,704 $13,701,231

Annual averages 12,432 44,568 $4,567,077

a

 Reproduced from EPA ICR No. 1230.27; revised to update phases of implementation during the term of this ICR.
28

Table B-3. New Sources and Modifications in Indian Country Respondent (Facility) Burden and Cost (One-Time and Reoccurring)

(This table is reproduced verbatim from EPA ICR 1230.27. After it was prepared, the provisions of the rule were changed, rendering the cited 

timing—i.e., referring to the first 18 months—incorrect.)

Facility NSR Program

Activity

(A) Labor Hours per Activity per 

Labor Category

(B)

Activities

per

Respondent

per Year

(C)

Total

Number

of

Respondents

(D)

Total

Hours

(E) Labor Costs per Labor Category 

(AxBxCxRate) (F)

Total 

Labor

Costs

(G)

Associated 

Costs

(H)

Total

Costs

(F+G) Legal Managerial Technical Clerical Legal Managerial Technical Clerical

$114 $114 $65 $49 

NEW/MODIFIED MINOR SOURCES 

AFTER THE FIRST 18 MONTHS

1. Preparation and Planning

a. Determination of compliance 

requirements (#) 0 2 8 0 1 1 10 $0 $229 $522 $0 $751 $0 $751 

b. Obtain guidance on data needs (#) 0 0 2 0 1 1 2 $0 $0 $131 $0 $131 $0 $131 

c. Preparation of PTE for NSR 

pollutants (#) 0 4 16 2 1 1 22 $0 $458 $1,045 $97 $1,600 $0 $1,600 

2. Data Collection and Analysis (Surveys 

& Studies)

a. Conduct ambient air modeling (#) 0 2 40 4 1 0.02 0.9 $0 $5 $52 $4 $61 $200 $261 

3. Permit Application

a. Preparation and submittal of Permit 

Application (#) 2 4 40 16 1 1 62 $229 $458 $2,612 $776 $4,075 $25.00 $4,100 

b. Public hearing (#) 4 4 16 8 1 0.05 2 $23 $23 $52 $19 $117 $1.25 $119 

c. Revisions to permit (#) 1 1 4 2 1 0.2 2 $23 $23 $52 $19 $117 $5.00 $122 

4. Acquisition, Installation, and Use of 

Technology and Systems

a. Control device operating parameter 

(#) (emission) monitoring system 0 4 20 2 1 0.05 1 $0 $23 $65 $5 $93 $0 $93 

5. Reporting Requirements

a. Read instructions (#) 0 2 4 0 1 1 6 $0 $229 $261 $0 $490 $0 $490 

b. Required activities (#)

c. Create information

i. Conduct control device 

performance test (#) 0 8 40 8 1 0.02 1 $0 $18 $52 $8 $78 $1,000 $1,078 

d. Gather existing information (#) 0 0 8 2 1 1 10 $0 $0 $522 $97 $619 $0 $619 

e. Write reports

i. Initial notification of intent to 

constr/modify (#) 1 2 4 2 1 1 9 $114 $229 $261 $97 $702 $25.00 $727 

ii. Performance test notification (#) 0 0 2 1 1 0.02 0.1 $0 $0 $3 $1 $4 $0.50 $4 
29

Facility NSR Program

Activity

(A) Labor Hours per Activity per 

Labor Category

(B)

Activities

per

Respondent

per Year

(C)

Total

Number

of

Respondents

(D)

Total

Hours

(E) Labor Costs per Labor Category 

(AxBxCxRate) (F)

Total 

Labor

Costs

(G)

Associated 

Costs

(H)

Total

Costs

(F+G)

Legal Managerial Technical Clerical Legal Manageria

l

Technical Clerical

$114 $114 $65 $49 

NEW/MODIFIED MINOR SOURCES

AFTER THE FIRST 18 MONTHS

iii. Site-specific test plan (#) 0 1 16 8 1 0.02 0.5 $0 $2 $21 $8 $31 $0.50 $31 

iv. Initial compliance status 

determination (#) 1 4 8 4 1 1 17 $114 $458 $522 $194 $1,289 $25.00 $1,314 

v. Performance test reports (#) 0 4 16 4 1 0.02 0.5 $0 $9 $21 $4 $34 $0.50 $34 

vi. Annual monitoring report (##) 1 2 8 4 1 1 15 $114 $229 $522 $194 $1,060 $25.00 $1,085 

vii. Deviation report (##) 1 2 4 2 1 0.1 0.9 $11 $23 $26 $10 $70 $2.50 $73 

6. Recordkeeping Requirements

a. Read instructions (##) 1 2 8 0 1 1 11 $114 $229 $522 $0 $866 $0.00 $866 

b. Plan activities (##) 0 2 8 2 1 1 12 $0 $229 $522 $97 $848 $0.00 $848 

c. Implement activities

i. Prepare documentation for 

exempted sources (#) 4 2 20 8 1 0.1 3 $46 $23 $131 $39 $238 $2.50 $241 

ii. Monitor control device 

parameters (##) 0 0 1 0 52 0.1 5 $0 $0 $340 $0 $340 $0.00 $340 

iii. Inspect control device (##) 0 0 1 0 12 1 12 $0 $0 $783 $0 $783 $0.00 $783 

d. Develop record system (#) 0 2 4 16 1 1 22 $0 $229 $261 $776 $1,267 $25.00 $1,292 

e. Time to enter information (##) 0 0 1 0 52 1 52 $0 $0 $3,395 $0 $3,395 $0.00 $3,395 

f. Time to train personnel (#) 0 0 40 4 1 0.1 4 $0 $0 $261 $19 $281 $2.50 $283 

g. Time to perform audits (##) 0 2 20 0 1 0.1 2 $0 $23 $131 $0 $153 $0.00 $153 

TOTAL 286 $19,493 $1,340 $20,833

NEW/MODIFIED MAJOR SOURCES 

IN NONATTAINMENT AREAS

1. Preparation and Planning

a. Determination of compliance 

requirements (#) 0 2 8 0 1 1 10 $0 $229 $522 $0 $751 $0 $751 

b. Obtain guidance on data needs 

 (#) 0 0 2 0 1 1 2 $0 $0 $131 $0 $131 $0 $131 

c. Preparation of PTE for NSR

 pollutants (#) 0 4 16 2 1 1 22 $0 $458 $1,045 $97 $1,600 $0 $1,600 
30

Facility NSR Program

Activity

(A) Labor Hours per Activity per 

Labor Category

(B)

Activities

per

Respondent

per Year

(C)

Total

Number

of

Respondents

(D)

Total

Hours

(E) Labor Costs per Labor Category 

(AxBxCxRate) (F)

Total 

Labor

Costs

(G)

Associated 

Costs

(H)

Total

Costs

(F+G)

Legal Managerial Technical Clerical Legal Manageria

l

Technical Clerical

$114 $114 $65 $49 

2. Data Collection and Analysis 

 (Surveys & Studies)

a. Conduct LAER analysis (#) 0 4 40 4 1 1.00 48.0 $0 $458 $2,612 $194 $3,264 $10,000 $13,264 

Facility NSR Program

Activity

(A) Labor Hours per Activity per 

Labor Category

(B)

Activities

per

Respondent

per Year

(C)

Total

Number

of

Respondents

(D)

Total

Hours

(E) Labor Costs per Labor Category 

(AxBxCxRate) (F)

Total 

Labor

Costs

(G)

Associated 

Costs

(H)

Total

Costs

(F+G)

Legal Managerial Technical Clerical Legal Managerial Technical Clerical

$114 $114 $65 $49 

NEW/MODIFIED MAJOR SOURCES 

IN NONATTAINMENT AREAS

3. Permit Application

a. Preparation and submittal of 

Permit Application (#) 2 4 40 16 1 1 62 $229 $458 $2,612 $776 $4,075 $25.00 $4,100 

b. Public hearing (#) 4 4 16 8 1 0.05 2 $23 $23 $52 $19 $117 $1.25 $119 

c. Revisions to permit (#) 1 1 4 2 1 0.2 2 $23 $23 $52 $19 $117 $5.00 $122 

d. Permit appeal (#) 20 5 10 10 1 0.2 9 $458 $114 $131 $97 $800 $5.00 $805 

4. Acquisition, Installation, and Use of 

Technology and Systems

a. Control device operating 

parameter (#) (emission) 

monitoring system 

0 4 20 2 1 0.05 1 $0 $23 $65 $5 $93 $0 $93 

5. Reporting Requirements

a. Read instructions (#) 0 2 4 0 1 1 6 $0 $229 $261 $0 $490 $0 $490 

b. Required activities (#)

c. Create information

 i. Conduct control device 

performance test (#) 0 8 40 8 1 0.02 1 $0 $18 $52 $8 $78 $1,000 $1,078 

d. Gather existing information (#) 0 0 8 2 1 1 10 $0 $0 $522 $97 $619 $0 $619 

e. Write reports

i. Initial notification of intent to 

constr/modify (#) 1 2 4 2 1 1 9 $114 $229 $261 $97 $702 $25.00 $727 

ii. Performance test notification 

(#) 0 0 2 1 1 0.02 0.1 $0 $0 $3 $1 $4 $0.50 $4 

iii.Site-specific test plan (#) 0 1 16 8 1 0.02 0.5 $0 $2 $21 $8 $31 $0.50 $31 

iv. Initial compliance status 

determination (#) 1 4 8 4 1 1 17 $114 $458 $522 $194 $1,289 $25.00 $1,314 

v. Performance test reports (#) 0 4 16 4 1 0.02 0.5 $0 $9 $21 $4 $34 $0.50 $34 

vi. Annual monitoring report (##) 1 2 8 4 1 1 15 $114 $229 $522 $194 $1,060 $25.00 $1,085 

vii. Deviation report (##) 1 2 4 2 1 0.1 0.9 $11 $23 $26 $10 $70 $2.50 $73 

Facility NSR Program

Activity

(A) Labor Hours per Activity per 

Labor Category

(B)

Activities

per

Respondent

per Year

(C)

Total

Number

of

Respondents

(D)

Total

Hours

(E) Labor Costs per Labor Category 

(AxBxCxRate) (F)

Total 

Labor

Costs

(G)

Associated 

Costs

(H)

Total

Costs

(F+G)

Legal Managerial Technical Clerical Legal Managerial Technical Clerical

$114 $114 $65 $49 

NEW/MODIFIED MAJOR SOURCES 

IN NONATTAINMENT AREAS
31

Facility NSR Program

Activity

(A) Labor Hours per Activity per 

Labor Category

(B)

Activities

per

Respondent

per Year

(C)

Total

Number

of

Respondents

(D)

Total

Hours

(E) Labor Costs per Labor Category 

(AxBxCxRate) (F)

Total 

Labor

Costs

(G)

Associated 

Costs

(H)

Total

Costs

(F+G)

Legal Managerial Technical Clerical Legal Manageria

l

Technical Clerical

$114 $114 $65 $49 

6. Recordkeeping Requirements

a. Read instructions (##) 1 2 8 0 1 1 11 $114 $229 $522 $0 $866 $0.00 $866 

b. Plan activities (##) 0 2 8 2 1 1 12 $0 $229 $522 $97 $848 $0.00 $848 

c. Implement activities

i. Prepare documentation for 

exempted sources (#) 4 2 20 8 1 0.1 3 $46 $23 $131 $39 $238 $2.50 $241 

ii. Monitor control device 

parameters (##) 0 0 1 0 52 0.1 5 $0 $0 $340 $0 $340 $0.00 $340 

iii. Inspect control device (##) 0 0 1 0 12 1 12 $0 $0 $783 $0 $783 $0.00 $783 

d. Develop record system (#) 0 2 4 16 1 1 22 $0 $229 $261 $776 $1,267 $25.00 $1,292 

e. Time to enter information (##) 0 0 1 0 52 1 52 $0 $0 $3,395 $0 $3,395 $0.00 $3,395 

f. Time to train personnel (#) 0 0 40 4 1 0.1 4 $0 $0 $261 $19 $281 $2.50 $283 

g. Time to perform audits (##) 0 2 20 0 1 0.1 2 $0 $23 $131 $0 $153 $0.00 $153 

TOTAL 342 $23,496 $11,145 $34,641
32

Facility NSR Program

Activity

(A) Labor Hours per Activity per 

Labor Category

(B)

Activities

per

Respondent

per Year

(C)

Total

Number

of

Respondents

(D)

Total

Hours

(E) Labor Costs per Labor Category 

(AxBxCxRate) (F)

Total 

Labor

Costs

(G)

Associated 

Costs

(H)

Total

Costs

(F+G)

Legal Managerial Technical Clerical Legal Manageria

l

Technical Clerical

$114 $114 $65 $49 

EXISTING SYNTHETIC MINOR 

SOURCES

1. Permit Application

a. Preparation and submittal of Permit 

Application (#) 2 4 40 16 1 1 62 $229 $458 $2,612 $776 $4,075 $25.00 $4,100 

b. Public hearing (#) 4 4 16 8 1 0.05 2 $23 $23 $52 $19 $117 $1.25 $119 

c. Revisions to permit (#) 1 1 4 2 1 0.2 2 $23 $23 $52 $19 $117 $5.00 $122 

TOTAL 65 $4,310 $31 $4,341 
33

Facility NSR Program

Activity

(A) Labor Hours per Activity per 

Labor Category

(B)

Activities

per

Respondent

per Year

(C)

Total

Number

of

Respondents

(D)

Total

Hours

(E) Labor Costs per Labor Category 

(AxBxCxRate) (F)

Total 

Labor

Costs

(G)

Associated 

Costs

(H)

Total

Costs

(F+G) Legal Managerial Technical Clerical Legal Managerial Technical Clerical

$114 $114 $65 $49 

EXISTING TRUE MINOR SOURCES 

AND NEW TRUE MINOR SOURCES 

DURING FIRST 18 MONTHS

1. Registration

a. Read instructions (#) 0 1 1 0 1 1 2 $0 $114 $65 $0 $180 $0 $180 

b. Minor source facility registration (#) 0 1 1 1 1 1 3 $0 $114 $65 $49 $228 $25.00 $253 

TOTAL 5 $408 $25 $433 

Notes: # = One-time costs that are incurred and treated as capital costs.

## = Annual or reoccurring cost included as an annual cost.

For New/Modified Minor Sources after the First 18 Months: 

Based on the above costs, the average capital cost per facility for the one-time activities is $13,290 per source (i.e., the sum of those items identified as one-time costs 

[#]); annualized, this cost is $1,892 per year per source. The average non-labor capital cost is $1,340 (total of column G); annualized, this cost is $191 per year per 

source. The total of the various annual and reoccurring costs (##) in column H plus the annualized capital cost is an average of $9,435 per year per source.

For New/Modified Major Sources in Nonattainment Areas:

Based on the above costs, the average capital cost per facility for the one-time activities is $17,138 per source (i.e., the sum of those items identified as one-time costs 

(#)); annualized, this cost is $2,440 per year per source. The average non-labor capital cost is $1,185 (total of column G); annualized, this cost is $169 per year per 

source. The total of the various annual and reoccurring costs (##) in column H plus the annualized capital cost is an average of $9,983 per year per source.
34

Table B-4. New Sources and Modifications in Indian Country Agency Burden and Cost (One-Time and Reoccurring)

(This table is reproduced verbatim from EPA ICR 1230.27. After it was prepared, the provisions of the rule were changed, rendering the cited 

timing—i.e., referring to the first 18 months—incorrect.)

Agency NSR Program

Activity

(A) Labor Hours per Activity per 

Labor Category (B)

Activities

per

Respondent

per Year

(C)

Total

Number

of

Respondents

(D)

Total

Hours

(E) Labor Costs per Labor Category 

(AxBxCxRate) (F)

Total

Labor

Costs

(G)

Associated 

Annual

Costs

(H)

Total

Costs

per year

(F+G)

Legal Managerial Technical Clerical Legal Managerial Technical Clerical

$114 $114 $65 $49 

NEW/MODIFIED SOURCES (Major 

and Minor)

1. Permit Review

 a. Initial permit review 0 1 8 0 1 1 9 $0 $114 $522 $0 $637 $0 $637 

 b. Public Hearing 0 1 8 8 1 0.05 0.9 $0 $6 $26 $19 $51 $5 $56 

 c. Permit Revisions 1 1 4 0 0.2 0 $0 $0 $0 $0 $0 $0 $0 

2. Report Review

 a. Initial notification of intent to

 constr/modify 0 1 4 0 1 1 5 $0 $114 $261 $0 $376 $0 $376 

 b. Appeal 1 1 4 0 1 0.1 0.6 $11 $11 $26 $0 $49 $0 $49 

 c. Performance test notification 0 1 2 0 1 0.02 0.06 $0 $2 $3 $0 $5 $0 $5 

 d. Site-specific test plan 0 1 8 0 1 0.02 0.2 $0 $2 $10 $0 $13 $0 $13 

 e. Initial compliance determination 0 1 8 0 1 1 9 $0 $114 $522 $0 $637 $0 $637 

 f. Performance test reports 0 2 16 0 1 0.02 0.4 $0 $5 $21 $0 $25 $0 $25 

 g. Annual monitoring report 0 2 8 0 1 1 10 $0 $229 $522 $0 $751 $0 $751 

 h. Deviation report 0 2 4 0 1 0.1 0.6 $0 $23 $26 $0 $49 $0 $49 

 i. Annual monitoring reports 0 1 4 0 1 0.1 0.5 $0 $11 $26 $0 $38 $0 $38 

3. Site Compliance Inspections (a,b)

 a. Pre-inspection review of facility

 information 0 1 8 1 1 0.1 1 $0 $11 $52 $5 $69 $0 $69 

 b. Travel to and from facility (b) 0 0 8 0 1 0.1 0.8 $0 $0 $52 $0 $52 $10 $62 

 c. Inspection of air control 

 equipment used to comply with

 rule requirements

0 0 4 0 1 0.1 0.4 $0 $0 $26 $0 $26 $0 $26 

 d. Review site records 0 0 4 0 1 0.1 0.4 $0 $0 $26 $0 $26 $0 $26 

 e. Prepare inspection report 0 4 16 4 1 0.1 2 $0 $46 $104 $19 $170 $3 $172 
35

Agency NSR Program

Activity

(A) Labor Hours per Activity per 

Labor Category (B)

Activities

per

Respondent

per Year

(C)

Total

Number

of

Respondents

(D)

Total

Hours

(E) Labor Costs per Labor Category 

(AxBxCxRate) (F)

Total

Labor

Costs

(G)

Associated 

Annual

Costs

(H)

Total

Costs

per year

(F+G)

Legal Managerial Technical Clerical Legal Managerial Technical Clerical

$114 $114 $65 $49 

4. Enforcement Actions (c,d)

 a. Inform facility of noncompliance 4 4 20 8 1 0.01 0.4 $5 $5 $13 $4 $26 $0 $26 

 b. Follow-up site inspection 0 4 20 4 1 0.01 0.3 $0 $5 $13 $2 $20 $1 $21 

TOTAL ANNUAL COST PER 

SOURCE 42 $3,019 $19 $3,037 

5. Litigation Cost per Tribal Agency 40 40 100 40 1 0.3 73 $1,525 $1,525 $2,174 $646 $5,871 $17 $5,887 

TOTAL 115 8,889 35 8,925

6. EPA Overview of Tribal Agency 8 8 40 8 1 1 64 $916 $916 $2,612 $388 $4,832 $100 $4,932 

EXISTING SYNTHETIC MINOR 

SOURCES

1. Permit Review

 a. Initial permit review 0 1 8 0 1 1 9 $0 $114 $522 $0 $637 $0 $637 

 b. Public hearing 0 1 8 8 1 0.05 0.9 $0 $6 $26 $19 $51 $5 $56 

 c. Permit revisions 1 1 4 0 0.2 0 $0 $0 $0 $0 $0 $0 $0 

TOTAL 10 $688 $5 $693 

EXISTING TRUE MINOR SOURCES 

AND NEW TRUE MINOR SOURCES 

DURING FIRST 18 MONTHS

1. Registration Review

 a. Minor source facility registration 0 1 1 0 1 12 $0 $114 $65 $0 $180 $0 $180 

TOTAL 2 $180 $0 $180