1

State Operating Permit Regulations (40 CFR part 70)

EPA Number 1587.11, OMB Control Number 2060-0243

Change Worksheet Justification

Introduction

The analysis in this document was performed to support changes in the Title V 

Operating Permit Regulations (40 CFR Part 70) Information Collection Request (ICR), 

OMB tracking number 2060-0243. This update is assigned EPA tracking number ICR 

#1587.11. The Part 70 Program ICR was last renewed in September 2007 and expires in

April 2012. In the interim, the following changes are underway.

The EPA is proceeding with the implementation of the Flexible Air Permitting Rule, 

and these changes are addressed in a separate ICR completed in November 2008.1This 

rule promotes the use of flexible air permits (FAPs), which is a permit designed to facilitate 

flexible market-responsive operations at an industrial facility while ensuring equal or 

greater environmental protection than conventional air permits. Through this action, the 

Agency anticipates cost savings to subject sources to be approximately $2.4 million 

annually, while permitting authorities should experience $2.3 million annual cost savings.

The Agency is estimated to expend over $205,000 additional cost during the same time 

frame.

The Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring 

Rule (“Tailoring Rule”) was finalized in May 2010. To reflect the impact of including 

greenhouse gases (GHGs) in title V permitting programs, the corresponding changes were 

made to the title V burden estimates. These changes are explained in further detail in this 

change worksheet.

 

1

Information Collection Request For Changes To The Part 70 Operating Permit Regulations, The Part 71 Operating 

Permit Regulations, and The Parts 51 and 52 Prevention of Significant Deterioration and Non-Attainment New Source 

Review Regulations for Flexible Air Permits, November 2008.
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The Tailoring Rule

This final rule “tailors” the requirements of the Clean Air Act (CAA) permitting 

programs to limit which facilities will be required to obtain title V operating permits. The rule 

establishes a schedule that will initially focus Part 70 operating permit programs on the 

largest sources with the most permitting experience, then expanding to cover the largest 

sources of greenhouse gases GHGs that may not have been previously covered by the 

CAA for other pollutants. 

Under Step 1, occurring from January 2011 through June 2011, only sources 

required to have title V permits for non-GHG pollutants (i.e., “anyway” title V sources) will 

be required to address GHGs as part of their title V permitting. During this time, no sources 

would be subject to title V requirements due solely to GHG emissions. 

Building on Step 1, Step 2 is in effect from July 2011 through June 2013. A source 

may be subject to title V permitting solely on the basis of its GHG emissions, provided the 

source exceeds the established Tailoring Rule thresholds. GHG emission sources that 

emit or have the potential to emit at least 100,000 tpy CO2e, and also emit or have the 

potential to emit 100 tpy of GHGs on a mass basis will be required to obtain a title V permit 

if they do not already have one.

Changes

Information obtained for this assessment of estimated resource requirements came 

from the burden analysis for the Tailoring Rule.2For this rule, the EPA determined the 

approximate number of affected sources and the different burdens associated with each 

 

2

Summary of Methodology and Data Used to Estimate Burden Relief and Evaluate Resource Requirements at 

Alternative Greenhouse Gas (GHG) Permitting Thresholds. Prepared by EPA Staff; March 2010.
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permitting action involving GHGs. Before the current ICR expires, permitting authorities will 

undergo six months of Step 1 and 18 months of Step 2. 

The most recent title V program ICR estimates that 50 permits are completed every 

year for new sources.3For this analysis, it is assumed that all 50 of these typically large 

industrial-type sources will be capable of potentially emitting GHG and will need to add 

GHG-related requirements to the permit. The estimated burden per title V permit in the ICR 

represents an average of multiple pollutants; EPA estimates the addition of GHGs will add 

an additional 10% of the time currently estimated for a new title V permit. Ten percent is 

considered to be appropriate amount because for the most part, these sources will simply 

need to add information concerning inventory, reporting, or monitoring of their GHG 

emissions, as appropriate, which they can readily do. 

Out of the 3,267 permit renewals conducted annually, the EPA estimates that 80% 

may potentially emit GHGs above the threshold due to combustion activities.4Therefore, 

approximately 2,614 sources will need to address GHG in the new version of the permit. 

For such permit renewals, the EPA assumes that the inclusion of GHGs will require adding

an additional 10% to the average time to process and issue. This equates to 99 and 220

additional burden hours for the permitting authorities and sources respectively.

Revisions to title V permits will also be necessary based on the number of 

modifications calculated for this analysis. Revisions occurring specifically due to GHG may 

involve significant revisions, minor revisions, or administrative actions to operating permits. 

EPA estimates that this activity will require 40 hours per permit on average for permitting 

authorities to complete.5 At any level, it is assumed that the 448 modifications involving 

combustion that occur annually will need to include any GHG requirements in the revision 

of their respective title V permits. EPA estimates that permitting authorities will spend, in 

 

3

Information Collection Request for State Operating Permit Regulations (Renewal), EPA ICR Number 1587.07, OMB 

Control Number 2060-0243, 2007. A copy of this document is available in the docket for the final Tailoring Rule.

4

The 80% estimate was obtained through a review of existing title V permit source categorization. 

5

The Title V ICR indicates the burdens associated with revisions are as follows: 90 hours for a significant revision, 30 

hours for a minor revision, and 5 hours for an administrative action. See Table 8 at 23. Which revision will be required 

for any modification that exceeds the GHG significance level threshold would be determined on a case-by-case basis 

depending on the change; therefore, EPA averages the three permitting burdens to obtain a value of 40 hours per 

permit.
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addition to the current burden to issue a title V permit revision, an additional 10% of the 40 

hours needed to complete this process, or four hours per action. Sources will experience a 

similar increase in burden, adding 4 more hours to the average revision time.

Permitting Authorities

Based on the Tailoring Rule burden analysis, this update distinguishes between two 

types of sources – industrial and commercial/residential - with differences in associated 

burdens. The EPA estimates that an industrial permit due solely to GHGs will require the 

same amount of time to process and issue as a conventional pollutant, or 428 hours, as 

shown in Table 1. New commercial/residential permits will require only 50% of that time, or 

214 hours. 

Table 2 identifies the average burden by activity for the permitting authorities. 

Estimates are greater than the previous ICR primarily due to the increase in affected 

source numbers. Twenty-seven new commercial/residential sources and 258 residential 

sources are expected to require a title V permit during this time due to GHG emissions. For 

an anyway source entering the title V program due to conventional pollutants, a permitting 

authority will spend an estimated 43 additional hours to account for any applicable

requirements associated with GHGs, bringing the average burden to 471 hours per permit.

Sources

The EPA estimates that an industrial permit due solely to GHGs will require the 

same amount of time to process and issue as a conventional pollutant, or 350 hours, as 

shown in Table 3. New commercial/residential permits will require only 50% of that time, or 

180 hours. 

Source burden, shown in Table 4, is expected to increase throughout the remaining 

two years of this ICR. As noted for permitting authorities, 27 new commercial/residential 

sources are expected to require a title V permit during this time, as well as approximately

258 industrial sources. For an anyway source in the title V program due to conventional 

pollutants, an additional 34 hours will be spent including applicable GHG requirements, 
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bringing the average burden to 374 hours per permit. Overall, the annual burden for 

sources is estimated to be 4.3 million hours.

Agency

The Tailoring Rule and its supporting documents did not focus on Agency burden 

impacts. However, due to the increase in sources subject to title V more time will be spent 

processing and revising title V permit applications. Updated burden estimates are 

represented in Table 5. The total annual effort is almost 41,000 hours at a cost of $1.8 

million.

Additional Burden Due to Recent Actions

Tables 6 and 7 highlight the burden impacts occurring as a result of the most recent 

program actions. The total additional burden for permitting authorities is estimated at 

225,824 hours for the two-year period, while sources will experience a combined 

approximate burden of 262,791 hours.

While the number of responding permitting authorities will remain the same, over 

the next two years there will be 285 additional sources that will respond due to GHGs.

Incorporating these burden revisions into the currently approved Part 70 program 

ICR leads to an overall increase of 244,307 hours annually for respondents, bringing the 

overall burden to almost 5.7 million hours. In addition, the total number of respondents will 

increase to an estimated17,073 annually.
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Table 1. Average Permitting Authority Burden per GHG Title V Permit

Activity

Burden 

Hours per 

Permit -

Industrial

Burden Hours 

per Permit -

Commercial/ 

Residentiala

Permit Application Review 100 33

Draft Permits Preparation 150 50

Comment Period Notification 10 10

Hold Public Hearings 100 90

Interaction with EPA 20 5

Analyze Public Comments 40 20

Permits Issuance 8 6

Total Burden 428 214

aCommercial/residential permits will be simpler, so the permitting authority would take about 1/3 of the 

time to review the permit application and draft the permit than it would for an industrial source permit. The 

comment period notification and time for public hearings, however, would be about the same because of 

the fixed time necessary to provide notice and hold hearings. The amount of time interacting with EPA 

would be much less due to the relative simplicity of the permits. Analyzing public comments would take 

half as long as for an industrial permit because although the permits are much simpler, there could be a 

fair amount of public interest because of the location of the source. Permit issuance would take slightly 

less time than for an industrial source since most of the costs are fixed.
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Table 2. Permitting Authority Burden and Cost (Annual)

Activity

Number of Units Hours 

per Unit

Total 

Hours

Total Cost 

($)b

Annual 

Hours

Annual Cost 

Year 1 ($) aYear 2

Program Administration

112 

Programs

112 

programs 3500 784,000 $36,064,000 392,000 $18,032,000

Permit Preparation and Issuancec

New Industrial Permit due to GHG 86 172 428 110,424 $5,079,504 55,212 $2,539,752

New Industrial Permit - add GHG 

component 50 50 471 47,100 $2,166,600 23,550 $1,083,300

New Commercial/Residential Permit 9 18 214 5,778 $265,788 2,889 $132,894

General Permits Administration

112 

Programs

112 

programs 80 17,920 $824,320 8,960 $412,160

Permit Revisions

Permit Revisions - Due to GHG 458 915 40 54,920 $2,526,320 27,460 $1,263,160

Permit Revisions - add GHG to 

Current Non-GHG Permits 448 448 4 3,584 $164,864 1,792 $82,432

Permit Revisions - Significant 1394 1394 90 250,920 $11,542,320 125,460 $5,771,160

Permit Revisions - Minor 6968 6968 30 418,080 $19,231,680 209,040 $9,615,840

Permit Revisions - Administrative 6968 6968 5 69,680 $3,205,280 34,840 $1,602,640

Permit Renewals

Permit Renewals w/addition of GHG 2614 2614 99 517,572 $23,808,312 258,786 $11,904,156

Permit Renewals 653 653 90 117,540 $5,406,840 58,770 $2,703,420

Review General Permits 622 622 10 12,440 $572,240 6,220 $286,120

Review Monitoring and Compliance 

Certification Reports 16,603 16,603 15 498,090 $22,912,140 249,045 $11,456,070

Annual Enforcement Activity 

Reporting

112 

Programs

112 

programs 40 8,960 $412,160 4,480 $206,080

Totals 2,917,008 $134,182,368 1,458,504 $67,091,184

aYear 1 is comprised of Step 1 and six months of Step 2 under the GHG Tailoring Rule; throughout Year 2 Step 2 will be in place.

bSalaries from Title V ICR adjusted to 2007 dollars using 2007 OPM General Schedule Salary Table available at: http://www.opm.gov/oca/07tables/index.asp

c

Incorporating GHG information/requirements into new, revised, and renewed permits adds an additional 10% to the current time.

dNew commercial/residential permits require half the time needed for new industrial permits

e

The Title V ICR estimates that 3,267 permits annually undergo renewal and we estimate that 80% of these will involve combustion. Therefore, 2,614 must add GHG requirements; 

while 653 do not.
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Table 3. Average Source Burden per GHG Title V Permit

Activity

Burden 

Hours per 

Permit -

Industrial

Burden Hours 

per Permit -

Commercial/ 

Residentiala

Prepare Application 300 150

Draft Permits Interaction 40 20

Public Hearing Participation 10 10

Total Burden 350 180

aCommercial/residential permit applications will be significantly simpler than industrial source title V permit 

applications. However, due to their inexperience, we estimate commercial/residential sources will take half 

as long to complete their steps for their permit application as it will for industrial sources to complete their 

steps. Less interaction, again 50% less time, will be needed with permitting authorities during the permit 

drafting process. Finally, public hearing participation will likely require the same amount of time because of 

the fixed time burdens necessary to complete hearings.
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Table 4. Source Respondent Burden and Cost (Annual)

Activity

Number of 

Units

Hour

s per 

Unit

Total 

Hours

Total Cost 

(s)a

Annual 

Hours

Annual Cost 

Year 1 Year 2 ($)

Prepare Application

Industrial Permit due to GHG 86 172 300 77,400 $11,455,200 38,700 $5,727,600

Industrial Permit - add GHG component to Non-GHG 

Permit 50 50 330 33,000 $4,884,000 16,500 $2,442,000

Commercial/Residential Permit 9 18 150 4,050 $599,400 2,025 $299,700

Draft Permit

Industrial 86 172 40 10,320 $402,480 5,160 $201,240

Add GHG component to new Non-GHG Permit 50 50 44 4,400 $171,600 2,200 $85,800

Commercial/Residential 9 18 20 540 $21,060 270 $10,530

Gap Filling Monitoring Development 54 54 40 4,320 $168,480 2,160 $84,240

Public Hearing Participation 3 4 10 70 $2,730 35 $1,365

Operate Gap Filling Monitoring 8302 8302 200 3,320,800 $129,511,200 1,660,400 $64,755,600

Prepare Monitoring Reports 16,603 16,603 80 2,656,480 $103,602,720 1,328,240 $51,801,360

Permit Revisions

Significant Permit Modifications 1394 1394 80 223,040 $8,698,560 111,520 $4,349,280

Minor Permit Modifications 6968 6968 40 557,440 $21,740,160 278,720 $10,870,080

Administrative Amendments 6968 6968 8 111,488 $4,348,032 55,744 $2,174,016

Permit Revisions - due to GHG 915 43 39,345 $1,534,455 19,673 $767,228

Permit Revisions - add GHG to current non-GHG permits 448 448 4 3,393 $132,321 1,696 $66,161

Permit Renewals

General Permit Renewal 622 622 2 2,488 $97,032 1,244 $48,516

Permit Renewals w/addition of GHG 2614 2614 220 1,150,160 $44,856,240 575,080 $22,428,120

Permit Renewals 653 653 200 261,200 $10,186,800 130,600 $5,093,400

Other Activities 3267 3267 20 130,680 $5,096,520 65,340 $2,548,260

Totals 8,590,614 $335,033,940 4,295,307 $167,516,970

aYear 1 is comprised of Step 1 and six months of Step 2 under the GHG Tailoring Rule; throughout Year 2 Step 2 will be in place.

bSalaries from Title V ICR adjusted to 2007 dollars using 2007 OPM General Schedule Salary Table available at: http://www.opm.gov/oca/07tables/index.asp

c

Incorporating GHG information/requirements into new, revised, and renewed permits adds an additional 10% to the current time.

dNew commercial/residential permits require half the time needed for new industrial permits

e

The Title V ICR estimates that 3,267 permits annually undergo renewal and we estimate that 80% of these will involve combustion.
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Table 5. Agency Burden and Cost for the Two-Year Period

Activity

Number of Units Hours per 

Unit

Total 

Hours

Total Cost 

(s)

Annual 

Hours

Annual Cost 

Year 1 ($) aYear 2

Review Permits and Revisions

New Permitsb36 60 20 1,920 $86,688 960 $43,344

Renewals 163 163 20 6,520 $294,378 3,260 $147,189

Permit Revisions due to 

GHGsc458 915 8 10,984 $495,928 5,492 $247,964

Significant Permit Revisions 1,394 1,394 8 22,304 $1,007,026 11,152 $503,513

Minor Permit Revisions 6,968 6,968 1 13,936 $629,210 6,968 $314,605

Consult with Permitting Authority

New Permits 36 60 8 768 $34,675 384 $17,338

Permit Revisions due to 

GHGs 115 229 8 2,752 $124,253 1,376 $62,126

Significant Permit Revisions 348 348 8 5,568 $251,395 2,784 $125,698

Minor Permit Revisions 1,742 1,742 1 3,484 $157,303 1,742 $78,651

Program Oversight

112 

Programs

112 

Programs 50 11,200 $505,680 5,600 $252,840

Review the Annual Report 112 112 10 2,240 $101,136 1,120 $50,568

Totals 81,676 $3,687,671 40,838 $1,843,836

aYear 1 is comprised of Step 1 and six months of Step 2 under the GHG Tailoring Rule; throughout Year 2 Step 2 will be in place.

bReview and consultation conducted on approximately 25% of permits annually

cPermit revisions due to GHGs [add text for the fact these are separate?] are assumed to require the same amount of review and consultation time as significant or minor permit 

revisions. 
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Table 6. Additional Permitting Authority Burden and Cost For the Two-Year Period

Activity

Burden 

Hour 

per 

Permit

Affected Permits

Total 

Burden 

(hours)

Total Cost 

($2007)bYear 1aYear 2

New Permit Preparation and Issuance - Industrial 428 86 172 110,281 5,072,941

Add GHG component to new Non-GHG Permitb43 50 50 4,300 $197,800

New Permit Preparation and Issuance -

Commercial/Residentialc214 9 18 5,707 $262,507

Permit Revisions - due to GHG 40 458 915 54,900 $2,525,400

Permit Revisions - add GHG to Current Non-GHG Permits 4 448 448 3,584 $164,864

Permit Renewalsd9 2614 2,614 47,052 $2,164,392

Total Additional Burden 225,824 $10,387,904

aYear 1 is comprised of Step 1 and six months of Step 2 under the GHG Tailoring Rule; throughout Year 2 Step 2 will be in place.

bSalaries from Title V ICR adjusted to 2007 dollars using 2007 OPM General Schedule Salary Table available at: http://www.opm.gov/oca/07tables/index.asp

c

Incorporating GHG information/requirements into new, revised, and renewed permits adds an additional 10% to the current time.

dNew commercial/residential permits require half the time needed for new industrial permits

e

The Title V ICR estimates that 3,267 permits annually undergo renewal and we estimate that 80% of these will involve combustion.
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Table 7. Additional Source Burden and Cost For the Two-Year Period

Activity

Burden 

Hour 

per 

Permit

Rate per 

Houra

Affected Permits

Total Burden 

(hours)

Total Cost 

($2007)bYear 1aYear 2

Prepare Application - Industrial 300 $148 86 172 77,300 $11,440,400

Prepare Application - add GHG component to Non-GHG 

Permitc30 $148 50 50 3,000 $444,000

Prepare Application - Commercial/Residentiald150 $148 9 18 4,000 $592,000

Draft Permit - Industrial 40 $39 86 172 10,307 401,960

Draft Permit - Add GHG component to new Non-GHG Permit 4 $39 50 50 400 $15,600

Draft Permit - Commercial/Residential 20 $39 9 18 533 $20,800

Public Hearing Participatione10 $39 3 4 68 $2,647

Permit Revisions - due to GHG 43 $39 458 915 59,039 $2,302,521

Permit Revisions - add GHG to current non-GHG permits 4 $39 448 448 3,584 $139,776

Permit Renewalsf20 $39 2614 2,614 104,560 $4,077,840

Total Additional Burden 262,791 $19,437,544

aYear 1 is comprised of Step 1 and six months of Step 2 under the GHG Tailoring Rule; throughout Year 2 Step 2 will be in place.

bSalaries from Title V ICR adjusted to 2007 dollars using Employment Cost Index, Table 1, Private Industry Workers, Management, professional, and related. Index for December 

2007 relative to December 2006. Available at: http://www.bls.gov/web/echistrynaics.pdf

c

Incorporating GHG information/requirements into new, revised, and renewed permits adds an additional 10% burden to the current time.

d

New commercial/residential permits require half the time needed for new industrial permits

e

Amount of time required for public hearing participation remains the same for all permits, and one in 50 permits requires a hearing.

f

The Title V ICR estimates that 3,267 permits annually undergo renewal; assume 80% of these involve combustion and require the addition of GHG components.