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Part A of the Supporting Statement

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

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

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

Agencies" and numbered as EPA ICR Number 1643.08 and Office of Management and Budget 

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

1643.07.

1(b) Short Characterization

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

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

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

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

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

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

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

• Straight delegation

• Rule adjustment

• Rule substitution

• Equivalency by permit

• State program approval.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

and approve, partially approve, or disapprove the request based on the subpart E approval criteria. 
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The request may only take effect after our approval (or partial approval of a subset of the request), 

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

Subpart E also contains provisions for delegating accidental release prevention program 

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

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

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

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

withdrawal process.

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

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need / Authority for the Collection

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

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

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

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

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

2(b) Practical Utility / Users of the Data

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

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

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

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Nonduplication

This information collection is not unnecessarily duplicative of information otherwise 

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

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

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

information collection.

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

We plan to solicit public comments on this ICR prior to submitting it to the Office of 

Management and Budget. We will issue a Federal Register notice requesting comments on the 

amended burden estimate reflected in this ICR.
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3(c) Consultations

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

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

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

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

Compliance Assurance (OECA), as well as each of the EPA Regional air toxics coordinators to 

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

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

ICR renewal package.

3(d) Effects of Less Frequent Collection

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

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

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

to submit material demonstrating it meets the “up-front” approval requirements once, unless 

circumstances change at the S/L/T, which would require an updated submittal. The “up-front” 

approval requirements consist of criteria the applicant must meet before delegation of the 112 

standards can occur and are described in detail in subpart E.

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

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

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

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

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

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

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

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

to decide if the rule, program, or requirement should be withdrawn. We need the ability to review 

and if necessary, withdraw approval of any S/L/T rule, program or requirement to ensure we can 

satisfy our obligations under the Act to implement and enforce the section 112 standards.

3(e) General Guidelines

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

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

3(f) Confidentiality

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

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

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

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

March 23, 1979).
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3(g) Sensitive Questions

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

questions.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents / SIC Codes

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

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

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

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

be included among respondents.

4(b) Information Requested

(i) Data Items, Including Recordkeeping Requirements

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

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

follows:

For overall approval to receive delegation (§63.91) 

• Confirmation letter from the State Attorney General.

• Demonstration of respondent’s resources.

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

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

or program upon approval.

• Respondent’s implementation schedule.

• Respondent’s compliance plan.

• Respondent’s enforcement plan.

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

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

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

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

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

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

requirements to the Federal requirements must supply the following information:
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For the rule adjustment option (§63.92):

• Stringency and compliance demonstration.

For the rule substitution option (§63.93):

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

For the equivalency by permit option (§63.94):

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

• Draft permit terms and conditions.

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

applicable Federal standard.

For the State program approval option (§63.97):

• A list of affected sources within the respondent’s jurisdiction and existing and future 112 

emission standards or other requirements for which the respondent is seeking the authority

to implement and enforce alternative requirements.

• The respondent may provide one or more of the following program elements: 1) 

alternative requirements (in state rules, regulations, or general permits or other enforceable 

mechanisms) that apply to one or more categories of sources within the respondent’s 

jurisdiction; and 2) description of enforcement mechanisms for alternative requirements 

for area sources within the respondent’s jurisdiction.

• Equivalency demonstration of respondents’ alternative requirements to the otherwise 

applicable Federal requirements.

For the accidental release prevention program (§63.95):

• Demonstration of adequate resources.

• Demonstration of adequate enforcement authority.

• Description of coordination mechanisms.

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

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

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

following:

• Information regarding permits, monitoring, resources, etc.

(ii) Respondent Activities

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

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

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

respond in ways that are consistent and compatible with their existing reporting and 
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recordkeeping practices. Note that we only anticipate activities related to delegation options 

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

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

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

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

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

• Create a Federal Register notice seeking public comment.

• Review public comments.

• Evaluate the S/L/T submittal.

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

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

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

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

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

complete the following activities listed in the applicable option below. 

For the rule adjustment option (§63.92) or the rule substitution option (§63.93):

• Create a Federal Register notice seeking public comment.

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

• Evaluate the S/L/T submittal.

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

submittal.

For the equivalency by permit option (§63.94):

• Up-front approval process for the state program

o Create a Federal Register notice seeking public comment on the agency’s preliminary

determination of equivalence based on the S/L/T submittal.

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

o Create a Federal Register notice announcing agency approval, partial approval or 

disapproval of the S/L/T submittal.

• Approval process for Title V permit alternative requirements

o Evaluate the pre-draft Title V permit terms and conditions submitted by the S/L/T.

o Notify the S/L/T in writing of agency approval or disapproval of the S/L/T’s pre-draft 

Title V permit terms and conditions. 
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For the State program approval option (§63.97):

• Up-front approval process for the state program

o Create a Federal Register notice seeking public comment on the agency’s preliminary

determination to approve the S/L/T program based on the S/L/T submittal.

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

o Create a Federal Register notice announcing approval, partial approval or disapproval 

of the S/L/T program.

• Approval process for alternative requirements

o Conduct a preliminary equivalency determination on the alternate requirements 

submitted by the S/L/T.

o Create a Federal Register notice seeking public comments on the alternative 

requirements submitted by the S/L/T.

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

o Create a Federal Register notice announcing approval, partial approval or disapproval 

of the alternative requirements submitted by the S/L/T. 

For the accidental release prevention program (§63.95):

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

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

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

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

• Inform the S/L/T in writing of rule or program deficiencies.

• Evaluate S/L/T actions to correct deficiencies.

• If S/L/T actions are not adequate, we will hold a public hearing and seek public comments 

on the proposed withdrawal (or partial withdrawal) of approval of the rule or program.

• Notify the S/L/T of any changes in deficiencies based on public comments.

• Create a Federal Register notice announcing withdrawal (or partial withdrawal) of EPA 

approval of the S/L/T program or rule and a schedule for sources to come into compliance 

with applicable Federal requirements.

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

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

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

5(b) Collection Methodology and Management

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

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

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

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

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

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

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

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

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

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

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

up-front approval criteria in §63.91.

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

survey.

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

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

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

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

5(c) Small Entity Flexibility

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

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

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

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

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

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

this program. 

5(d) Collection Schedule

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

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

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

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

surveys.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden

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

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

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

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

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

delegations. 
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During this ICR collection period (2014 – 2017), the section 112 standards potentially

subject to subpart E delegation include maximum achievable control technology (MACT) 

standards and area source standards under sections 112(d)(2) and (3), and amendments to MACT 

or area source standards pursuant to reviews conducted under sections 112 (d)(6) technology

reviews and/or (f)(2) residual risk reviews.

Most MACT standards are now promulgated and have been delegated to those S/L/Ts 

willing to accept delegation. S/L/Ts do not accept delegation of the MACT standards if the 

affected source does not reside in the state or jurisdiction. Several MACT standards were vacated

and as a result, some S/L/Ts did not seek delegation. These include the Boiler MACT (subpart 

DDDDD) which was promulgated in 2013, the Brick MACT (subpart JJJJJ) and the Clay

Ceramics MACT (subpart KKKKK) which have expected promulgation dates in 2014. We expect 

these MACT standards to be delegated during this ICR collection period.

In addition we expect to amend a minimum of 30 MACT standards as a result of residual 

risk and technology reviews and pending reconsiderations (including the Boiler MACT standard 

mentioned above). We therefore anticipate a total of 33 delegation requests (occurrences) for 

MACT standards during this ICR collection period and for purposes of this analysis, we estimate 

that all S/L/Ts will request delegation of these MACT standards. 

All the area source rules are now promulgated and only MACT standards that affect area 

sources and area source amendments will be promulgated during this ICR collection period. The 

Secondary Aluminum MACT standard affecting area sources (subpart RRR), will be amended

during this ICR collection period. The Boiler area source standard (subpart JJJJJJ) is currently

under reconsideration and will be re-promulgated in 2014. In addition, there are 4 recently 

promulgated area source standards that need to be delegated to S/L/Ts. Due to resource 

constraints and a limited number of affected sources, some S/L/Ts have not accepted delegation 

of the area source standards as readily as they have the MACT standards. Some S/L/T have 

automatic delegation of all 112(l) standards, including area source standards, some do not have 

approved mechanisms in place for accepting area source delegation, and some have approved 

mechanisms, but only for area sources that have Title V permits. It is uncertain how many of the 

S/L/Ts will accept delegation of these standards in the future. For purposes of this analysis, we 

estimate that 80 percent of the S/L/Ts will accept delegation of 6 area source standards mentioned 

above.

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

regulatory development efforts, we estimate there are 119 S/L/Ts and that all 119 S/L/Ts will 

continue to maintain their subpart E program for the MACT standards. Thus, the annual effort for 

all S/L/T results in a total of 357 occurrences during the 3-year clearance period.

As described above, we assume there will be 33 delegation requests (occurrences) for 

MACT standards during the clearance period by each of the 119 S/L/Ts. Therefore, we expect 

that there will be a total of 3,927 delegation requests. Based on input from the Regional 

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

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

by subtracting the other delegation options from the total number of delegation requests. As a 
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result, we estimate that there will be a total of 3,886 straight delegation requests during the 3-year 

clearance period. Figure 1 illustrates the number of occurrences for each option, resulting in an 

average number of responses per year of 1,429. The total number of occurrences over the 3 year 

period shown in Figure 1 is 4,286. 

In the case of area source standards, we assumed that 6 will be promulgated during the 3-

year clearance period and that 80 percent (95) of the S/L/Ts will take delegation. We assumed the 

same distribution of delegation options as in 2011 for this group of standards, i.e., 80 percent 

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

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

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

multiplied by the total number of S/L/T taking delegation (95). The Equivalency by Permit 

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

of the delegation process lacked initial approval. We also assumed that no S/L/T would seek to 

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

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

number of responses per year of 201. The total number of occurrences over the 3 year period 

shown in Figure 2 is 604.

The average number of responses per year for both MACT and area source standards is 

1,630 and the total number of occurrences over the 3 year period is 4,890. Table 3 summarizes 

the number of occurrences of delegated requests per year for both MACT and area source 

standards.

Burden hours were calculated for respondents for each delegation option. In calculating 

these hours, we retained the same activities and burden hour estimates used in the previous ICR 

(ICR Number 1643.07) for subpart E. The total hours associated with each option are presented in 

Tables 1a through 1g. The hours are technical hours only. Table 4a presents the summary of the 

burden hour calculations for each activity during each year of this ICR. Overall, the subpart E 

delegation process is projected to have an average burden of 29,489 hours per year for 

respondents. 

6(b) Estimating Respondent Cost

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $72.50 ($45.31 + 60%) 

Technical $50.78 ($31.74 + 60%)

Clerical $31.58 ($19.74 + 60%)

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

of Labor Statistics, Occupational Employment and Wage Estimates, May 2012. The occupational 

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

described best by NAICS 999000 “Federal, State, and Local Government”. This ICR uses the 
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mean hourly labor rates for the following occupations within this category: for technical labor, 

“19-2041- Environmental Scientists and Specialists, including Health”; for managerial labor, “11-

9000 - Other Management Occupations”; and for clerical labor, “43-6010 - Secretaries and 

Administrative Assistants”. The hourly mean wage rates plus 60% of the hourly rate for overhead 

and benefits are included in the per-hour labor rates used to estimate respondent costs. The 

resulting rates used are $72.50 for management, $50.78 for technical personnel, and $31.58 for 

clerical personnel. 

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

each activity by the hourly rate associated with each labor type. Consistent with the previous ICR, 

we calculated management hours as 5 percent of technical hours and clerical hours as 10 percent 

of technical hours. Table 4a presents the summary of labor cost calculations for each activity 

during each year of this ICR. Overall, the subpart E delegation process is projected to have an

average labor cost of $1,500,000 per year for respondents. 

(ii) Capital / Start-up Costs

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

construction.

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

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

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

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

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

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

for mailing a 2-ounce letter and 1-pound package via the United States Postal Service is $0.66 and 

$5.25, respectively. We also assumed that a total of three copies would be made for each letter or 

package. Tables 5a through 5d show the copying and postage cost for respondents (and EPA) for 

each delegation option. Table 6 summarizes the total copying and mailing costs for respondents 

(and for EPA) per year. For respondents, the average cost for copying and postage is $2,300 per 

year. Therefore, the average total cost to respondents, including labor cost of $1,500,000 per year 

and copying/postage cost is $1,502,300 per year. Table 7 shows this breakdown by year.

6(c) Estimating EPA Burden and Cost

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

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

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

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

This cost is based on the following hourly labor:

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

Technical $52.37 (GS-12, Step 5, $32.73 + 60%)
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Clerical $26.56 (GS-6, Step 5, $16.60 + 60%)

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

effective January 2012, which excludes locality rates of pay. These rates have not changed from 

the last ICR and are frozen at 2010 levels.

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

activity by the hourly rate associated with each labor type. Table 4b contains the breakdown of 

the EPA burden hours and labor costs per year. Overall, the average annual burden for EPA for 

Subpart E delegation activities is 20,478 hours per year and the average labor cost is $1,069,000 

per year. Copying and postal costs for the EPA were calculated in the same manner as described 

in the last paragraph of section 6(b). Tables 5a through 5d contain a detailed listing of EPA (and 

respondent) copying and postal costs for each delegation option. Table 6 presents the total EPA 

copying and postal costs. The EPA would spend an average of $62,400 on copying and postage. 

The total cost for EPA, including labor and copying/postal costs would be an average of 

$1,131,400 per year. Table 7 shows a breakdown of the total cost for the EPA by year.

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

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

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

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

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

agencies, and 66 local agencies.

6(e) Bottom Line Burden Hours and Cost

(i) Respondent Tally

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

respondents resulting from the subpart E regulations are 29,489 hours and $1,500,000, 

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

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

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

average of $2,300 per year. Table 6 shows the O&M costs. Adding the average annual labor cost 

and the average annual O&M cost results in a total average annual cost of $1,502,300 for 

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

regulations.

(ii) Agency Tally

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

EPA is 20,478 hours and $1,069,000, respectively. Table 4b contains the bottom line estimate of 

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

maintenance costs result from photocopying and postage expenses, which are a total of $62,400
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per year. Table 6 shows the O&M costs. The total average annual cost to EPA is $1,131,400. 

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

6(f) Reasons for Change in Burden 

The currently approved reporting and recordkeeping hour burden for respondents, based 

on ICR Number 1643.07 for the collection period of 2010 to 2013, is 37,107 hours per year. We 

are requesting a decrease in burden to 29,489 hours per year for the 2014 to 2017 collection 

period. 

The change in burden results from: (1) a decrease in the number of MACT standard 

promulgations from last period, (2) a decrease in the number of area source standard 

promulgations from last period and (3) a decrease in the number of S/L/Ts taking area source 

delegation. These changes are discussed below. 

The total number of occurrences decreased from 5,119 to 4,281 for MACT standards due 

to the number of MACT standards being delegated decreasing from 40 to 33. The total number of 

occurrences decreased for area source standards from 920 to 604 due to the number of area source 

standards decreasing from 11 to 6. The percentage of S/L/Ts expected to request delegation 

remain at 80%.

Based on the EPA Regional Air Toxics Coordinators’ past experience with the subpart E 

program, S/L/T use of the various delegation options has not changed for the MACT standards. 

Straight Delegation is still the primary delegation mechanism. S/L/Ts are using the Rule 

Adjustment Option and the Rule Substitution Option with the same frequency as the last 

collection period. Generally, S/L/Ts do not use the State Program Approval Option.

Table 8 breaks down these changes by option and shows an overall decrease in burden for 

respondents for each option. The overall burden is projected to decrease by almost 21 percent due 

in part to the use of the straight delegation option which requires less hours than the other options. 

The respondent average total labor cost per year decreased by 11% or by $149,000. The 

breakdown by option within the subpart E program is shown in Table 9 below. Increases or 

decreases in the total average annual cost for the options reflect the change in the amount of 

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

largely due to increases in the average labor wage rates for S/L/Ts. These rates were updated to 

reflect current estimates. 

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

recordkeeping cost burden due to a decrease in the total number of delegation occurrences, 

compared to last period. Our assumptions for copying and postage costs are discussed in section 

6(b). The total copying and postage cost for S/L/Ts is $2,300 per year, of which 80 percent is 

associated with obtaining straight delegation of the NESHAP. 
14

6(g) Burden Statement

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

estimated to average 18 hours per response, consistent with the response time for last period.

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

generate, maintain, retain, or disclose or provide information to or for a Federal agency. This 

includes the time needed to review instructions; develop, acquire, install, and utilize technology

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

maintaining information, and disclosing and providing information; adjust the existing ways to 

comply with any previously applicable instructions and requirements; train personnel to be able to 

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

information; and transmit or otherwise disclose the information. 

An agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a currently valid OMB control number. The OMB 

control numbers for EPA’s regulation are listed in 40 CFR part 9 and 48 CFR chapter 15.

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

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

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

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

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

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

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

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

in this document. The documents are also available for public viewing at the Air and Radiation

Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 

1301 Constitution Avenue NW, Washington, DC. The EPA Docket Center Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 

telephone number for the Reading Room is (202) 566-1744, and the telephone number for the Air 

and Radiation Docket Information Center is (202) 566-1742. Also, you can send comments to the 

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

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

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

correspondence.

Part B of the Supporting Statement

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

information. 
15

FIGURES
16

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

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

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

Total S/L/Ts maintaining program and taking 

delegation: 119

Total MACT to be delegated over 3-year period: 33

Straight 

Delegation

(Per 

MACT)

(§63.91)

Rule 

Adjustment

Option 

(§63.92)

Equivalency 

by Permit 

Option 

(Initial 

Approval)

Equivalency 

by Permit 

Option (Per 

MACT)

(§63.94)

Rule 

Substitution 

Option 

(§63.93)

No. Taking 

Delegation a

Year 1:

1,296

No. Taking 

Delegation a

No. Taking 

Delegation a

No. Taking 

Delegation b

No. Taking 

Delegation a

Year 1:

1

Year 1:

12

Year 1:

1

Year 1:

1

Year 2:

1,295

Total:

3,886

Year 3:

1,295

Year 3:

1

Total:

3

Year 2:

1

Year 3:

12

Total: 

36

Year 2:

12

Year 3:

0

Total:

2

Year 2:

1

Year 3: 

0

Total:

2

Year 2: 

1

Total No. of Occurrences: 4,281

Year 1:

119

Year 2:

119

Total:

357

Year 3:

119

Initial 

Program 

Approval 

(§63.91)

No. Maintaining 

Program 
17

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

a Each MACT is delegated to all 95 agencies. The percent of MACT standards delegated per option is multiplied by 95.

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

initial approval

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

Total S/L/Ts taking delegation: 95

Total area source standards to be delegated over 3-year period: 6

Straight 

Delegation

(Per 

Standard)

(§63.91)

Rule 

Adjustment

Option 

(§63.92)

Equivalency 

by Permit 

Option 

(Initial 

Approval)

Equivalency 

by Permit 

Option (Per 

Standard)

(§63.94)

Rule 

Substitution 

Option 

(§63.93)

% of MACT 

Standards 

Delegated: 80

Year 1:

152

Year 1:

5

Year 1:

9

Year 1:

12

Year 1:

22

Year 2:

152

Total:

456

Year 3:

152

Year 3:

6

Total:

17

Year 2:

6

Year 3:

10

Total:

29

Year 2:

10

Year 3:

11

Total

34

Year 2:

11

Year 3:

23

Total:

68

Year 2:

23

Total No. of Occurrences: 604

State 

Program 

Approval 

Option 

(§63.97)

Year 1:

0

Year 3:

0

Total:

0

Year 2:

0

% of MACT 

Standards 

Delegated: 3a

% of MACT 

Standards 

Delegated: 5a

% of MACT 

Standards 

Delegated: 6b

% of MACT 

Standards 

Delegated:12 a

Number of 

Program 

Approvals: 0c
18

TABLES
19

Activity

A. Read Rule 0

B. Receive Training on Rule 0

C. Plan Process 0

D. Create Confirmation Letter from Attorney 

General

0

E. Create Adequate Resources 

Demonstration/ Legal Authority

0

F. Supply a Copy of State Statutes, 

Regulations, and Requirements

0

G. Create Expeditious Implementation 

Schedule and Compliance Plan

0

H. Compile, Process, and Review 

Information

0

I. Create Overall Cover Letter 0

J. Fill Out Completeness Checklist 0

K. Send Submittal to EPA 0

L. Store, File, and Maintain Information 20

Total (hr/yr) 20

M. Request Straight Delegation of NESHAP 10

Table 1a. Respondent Activity and Burden for the Overall 

Approval to Receive Delegation/Straight Delegation

(§63.91)†

Technical Hours 

per Occurrence

 

 †

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

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

 Activity Technical 

Hours per 

Occurrence

A. Conduct State Rulemaking 35

B. Collect Alternative Rule and 

NESHAP for Analysis and 

Demonstrate Stringency

15

C. Fill out Completeness Checklist 1

D. Send Submittal to EPA 1.5

E. Store, File, and Maintain 

Information

20

Total (hr/yr) 72.5

Table 1b. Respondent Activity and Burden for the 

Rule Adjustment Option (§63.92)

Activity

A. Conduct Rulemaking and 

Respond to Public Comments

45

B. Prepare Equivalency 

Demonstration Table

60

C. Prepare Narrative Text for 

Equivalency Demonstration Table

60

D. Prepare Cover Letter and 

Completeness Checklist for 

Submittal Package

10

E. Send Submittal to EPA 1.5

F. Respond to Public Comments 25

Total (hr/yr) 221.5

Table 1c. Respondent Activity and Burden for 

the Rule Substitution Option (§63.93)

Technical 

Hours per 

Occurrence

G. Store, File, and Maintain 

Information

20
21

Activity Technical 

Hours per 

Occurrence

A. Preparation of List of Affected 

Sources and Affected 112 

Standards

20

A. Collection of Draft Terms and 

Conditions to Submit to EPA

20

B. Alteration of Draft Terms and 

Conditions

26

C. Preparation of Side-by-Side 

Comparison of Alternative 

Requirements

30

D. Preparation of Narrative to 

Side-by-Side Comparison

30

E. Completion of Cover Letter 

and Completeness Checklist for 

Submittal to EPA

10

F. Send Submittal to EPA 1.5

G. Incorporation of Alternative 

Requirements into Permits

20

H. Store, File, and Maintain 

Information

20

Total (hr/yr) 158

Table 1d. Respondent Activities and Burden 

for the Equivalency by Permit Option (§63.94)

One-Time Activities

Activities per Standard
22

Activity

A. Collection of Source 

Categories for Submission

0

B. Description of Enforcement 

Measures for Area Sources

15

C. Preparation of Up-front 

Submittal to EPA

40

A. Participation in the Review of 

Public Comments and 

Consultations

20

B. Collection of State Rules, 

Regulations, Permits, 

Implementation Plans, or Other 

Enforceable Mechanisms and 

State Rulemaking

60

C. Preparation of Equivalency

Demonstration Table

40

D. Preparation of Narrative to

Accompany Equivalency

Demonstration Table

40

E. Preparation of Submission to

EPA and Completeness Checklist

5

F. Submittal to EPA 1.5

G. Store, File, and Maintain 

Information

20

Total (hr/yr) 241.5

Table 1e. Respondent Activities and Burden for 

the State Program Approval Option (§63.97)†

Technical Hours 

per Occurrence

One-time activities

Activities per Standard

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

 
23

Activity

A. Resource Demonstration 5

B. Demonstration of Adequate 

Enforcement Authority

20

C. Description of Coordination 

Mechanism

15

D. Preparation of Package for 

Submission to the EPA

25

Total (hr/yr) 65

Table 1f. Respondent Activities and Burden 

for the Accidental Release Prevention 

Program (§63.95)†

Technical 

Hours per 

Occurrenc

 

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

Activity

A. Respond to Information 

Requests (permits, monitoring, 

meetings, etc.)

30

B. S/L/T attempts to correct 

deficiencies

30

C. Notification to Sources of 

Withdrawal

40

Total (hr/yr) 100

Table 1g. Respondent Activities and Burden for 

the EPA Review and Withdrawal Option 

(§63.96)†

Technical 

Hours per 

Occurrence

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

Activity

A. Review Submission for 

Completeness

0

B. Notification to State of 

Complete/Incomplete 

Application

0

C. Creation of Federal 

Register Notice to Seek Public 

Comment

0

D. EPA Review of Public 

Comments and S/L/T 

Responses

0

E. EPA Evaluation of 

General Criteria

0

F. Creation of Final Federal 

Register Notice

0

G. Answer Respondent 

Questions

10

H. Store, File, and Compile 

Information

10

Total (hr/yr) 20

I. Send Letter Granting 

Straight Delegation

5

Table 2a. EPA Activities and Burden for the 

Overall Approval to Receive 

Delegation/Straight Delegation (§63.91)†

Technical 

Hours per 

Occurrence

 

 †

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

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

Activity Technical Hours 

per Occurrence

A. Creation of Federal Register 

Notice to Seek Public Comment

5

B. EPA Review of Public 

Comments and S/L/T Responses

20

C. EPA Evaluation of General 

Criteria

5

D. Creation of Final Federal 

Register Notice

5

E. Answer Respondent Questions 15

F. Store, File, and Compile 

Information

10

Total (hr/yr) 60

Table 2b. EPA Activities and Burden for the Rule 

Adjustment Option (§63.92)
25

Activity

A. Review Submission for Completeness 10

B. Creation of Federal Register Notice to 

Seek Public Comment

5

C. EPA Review of Public Comments 20

D. EPA Evaluation of Equivalency 

Demonstrations

80

E. Creation of Final Federal Register Notice 10

F. Answer Respondent Questions 35

G. Store, File, and Compile Information 10

Total (hr/yr) 170

Table 2c. EPA Activities and Burden for the Rule 

Substitution Option (§63.93)

Technical 

Hours per 

Occurrence
26

Activity†

A. Notification of Whether 

Alternative Rule Submittal is 

Complete (Letter and Consultations)

10

B. Creation of Federal Register notice 

for Public Comment for Up-front 

Approval

5

C. Review of Public Comments and 

S/L Responses for Up-front Approval

30

D. Creation of Federal Register 

Notice to Approve/Disapprove 

Program

25

Total (hr/yr) 70

E. Notification to Respondent of 

Complete Package of Alternative 

Terms and Conditions for Approval

10

F. Evaluation of Draft Permit Terms 

and Conditions

50

G. Creation of Notification of 

Approved/Disapproved Draft Permit 

Terms and Conditions (Letters and 

Meetings)

20

H. Creation of Final Federal Register 

Notice for Notification

15

I. Answer Respondent Questions 35

J. Store, File, and Maintain 

Information

10

Total (hr/yr) 140

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

Permit Option (§63.94)

Technical Hours per 

Occurrence

One-Time Activities

Activities per Standard

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

 be incorporated as part of any individual requests.
27

Activity Technical 

Hours per 

Occurrence

A. Notification by Letter and 

Meetings of Whether 

Alternative Rule Submittal is 

Complete

10

B. Creation of Federal 

Register Notice for Public 

Comment for Up-front 

Approval

5

C. Review of Public 

Comments and S/L/T 

Responses for Up-front 

Approval

30

D. Creation of Federal 

Register Notice to 

Approve/Disapprove Submittal

25

E. Notification of Complete 

Alternative Requirements

10

F. Creation of Federal 

Register Notice for Public 

Comment on Alternative Rules

5

G. Review of Public 

Comments and State 

Responses on Alternative 

Rules

40

H. Evaluation of Equivalency 

Demonstration

40

I. Creation of Final Federal 

Register Notice for 

Notification

25

J. Answer Respondent 

Questions

35

K. File, Store, and Maintain 

Information

10

Total 235

Table 2e. EPA Activities and Burden for the 

State Program Approval Option (§63.97)†

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

Activity

Evaluation of Submission for 

Approval

25

Total (hr) 25

Table 2f. EPA Burden and Activities for the 

Accidental Release Prevention Program

(§63.95)† Technical Hours 

per Occurrence

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

Activity

A. Creation of Request for Information 15

B. Evaluation of Information Submitted by 

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

180

C. Letter Informing S/L/T of Inadequate 

Program

10

D. Creation of Notice for Proposed 

Withdrawal

15

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

Responses

50

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

to Correct Deficiencies

15

G. Notification of Withdrawal 10

H. Publication of Schedule for Compliance 5

Total (hr) 300

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

and Withdrawal Option (§63.96)†

Technical 

Hours per 

Occurrence

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

Year 1 Year 2 Year 3 Total

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

Overall Delegation(§63.91) 119 119 119 357

Straight Delegation per Standard (§63.91) 1,448 1,447 1,447 4,342

Rule Adjustment (§63.92) 6 7 7 20

Rule Substitution (§63.93) 21 22 22 65

Equivalency by Permit – Initial Approval (§63.94) 13 12 11 36

Equivalency by Permit – Per Standard (§63.94) 23 24 23 70

State Program Approval (§63.97) 0 0 0 0

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

Withdrawal (§63.96) 0 0 0 0

Total 1,630 1,631 1,629 4,890

Average (occurrences/yr) 1,630

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

Total Number of Occurrences per Yearb 

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

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

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

Straight Delegation (§63.91) -- Administrative Criteria

2,737 2,737 2,737 8,211 137 137 137 411

Straight Delegation (§63.91) -- Delegation of Standard

16,652 16,641 16,641 49,933 834 833 833 2,499

Rule Adjustment Option (§63.92)

500 584 584 1,668 25 29 29 83

Rule Substitution Option (§63.93)

5,349 5,604 5,604 16,557 268 281 281 829

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

Application

299 276 253 828 15 14 13 41

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

3,703 3,864 3,703 11,270 209 218 209 637

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

Application

0 0 0 0 0 0 0 0

State Program Approval Option (§63.97) -- Per 

Standarda

0 0 0 0 0 0 0 0

Accidental Release Prevention Program (§63.95)

0 0 0 0 0 0 0 0

EPA Review and Withdrawal (§63.96)

0 0 0 0 0 0 0 0

Total 29,240 29,705 29,521 88,467 1,487 1,512 1,502 4,501

Average 29,489 1,500

Table 4a. Total Annual Burden for Respondents

Person-Hours Labor Costs

a Combined with one-time costs, above.
31

Table 4b. Total Annual Burden for EPA

Person-Hours Labor Costs

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

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

Straight Delegation (§63.91) -- Administrative Criteria 2,737 2,737 2,737 8,211 141 141 141 424

Straight Delegation (§63.91) -- Delegation of Standard 8,326 8,320 8,320 24,967 442 429 429 1,300

Rule Adjustment Option (§63.92) 414 483 483 1,380 21 25 25 71

Rule Substitution Option (§63.93) 4,106 4,301 4,301 12,708 212 222 222 656

Equivalency by Permit Option (§63.94) -- One-Time Application 1,047 966 886 2,898 54 75 46 175

Equivalency by Permit Option (§63.94) -- per Standard 3,703 3,864 3,703 11,270 191 199 191 582

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

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

0 0 0 0 0 0 0 0

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

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

Total 20,332 20,671 20,430 61,433 1,061 1,092 1,054 3,207

Average 20,478 1,069

a Combined with one-time costs, above.
32

Send submittal 

to EPA 

(Respondent)†a

Answer 

Respondent 

Questions 

(EPA)‡b

Year 1 119 1,448

Year 2 119 1,447

Year 3 119 1,447

Year 1 ($/yr) 78.54 7,602

Year 2 ($/yr) 78.54 7,597

Year 3 ($/yr) 78.54 7,597

Year 1 ($/yr) 107.1 52,128

Year 2 ($/yr) 107.1 52,092

Year 3 ($/yr) 107.1 52,092

Year 1 

($1,000/yr)

0.19 59.73

Year 2 

($1,000/yr)

0.19 59.69

Year 3 

($1,000/yr)

0.19 59.69

Total 

($1,000/yr)

0.56 179.1

Average 

($1,000/yr)

0.19 59.70

Occurrences Postage Copying Total

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

(§63.91)

Activity

(Respondent/EPA)

Year

 †

Falls under maintenance of subpart E program approval.

 ‡

Falls under the Straight Delegation Option.

 aAssumes 2-oz. letter.

 bAssumes 1-lb. package.
33

Send submittal 

to EPA 

(Respondent)a

Answer 

Respondent 

Questions 

(EPA)b

Year 1 6 6

Year 2 7 7

Year 3 7 7

Year 1 ($/yr) 31.5 3.96

Year 2 ($/yr) 36.8 4.62

Year 3 ($/yr) 36.75 4.62

Year 1 ($/yr) 216 5.4

Year 2 ($/yr) 252 6.3

Year 3 ($/yr) 252 6.3

Year 1 ($1,000/yr) 0.25 0.01

Year 2 ($1,000/yr) 0.29 0.01

Year 3 ($1,000/yr) 0.29 0.01

Total ($1,000/yr) 0.83 0.03

Average 

($1,000/yr)

0.28 0.01

Occurrences Postage Copying Total

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

(§63.92)

Activity

(Respondent/EPA)

Year

 aAssumes 1-lb. package.

 bAssumes 2-oz. letter.
34

Send submittal to 

EPA 

(Respondent)a

Answer 

Respondent 

Questions (EPA)b

Year 1 21 21

Year 2 22 22

Year 3 22 22

Year 1 ($/yr) 110.25 13.86

Year 2 ($/yr) 115.5 14.52

Year 3 ($/yr) 115.5 14.52

Year 1 ($/yr) 756 18.9

Year 2 ($/yr) 792 19.8

Year 3 ($/yr) 792 19.8

Year 1 

($1,000/yr)

0.87 0.03

Year 2 

($1,000/yr)

0.91 0.03

Year 3 

($1,000/yr)

0.91 0.03

Total ($1,000/yr) 2.68 0.10

Average 

($1,000/yr)

0.9 0.03

Copying Total

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

(§63.93)

Activity

(Respondent/EPA)

Year

Occurrences Postage

 aAssumes 1-lb. package.

 bAssumes 2-oz. letter.
35

Preparation of a 

list of affected 

sources and 

affected 112 

standards†,a

Send submittal 

to EPA‡,b

Notification of 

whether 

alternative rule 

submittal is 

complete†,a

Notification to 

respondent of 

complete 

package of 

alternative 

terms & 

conditions‡,a

Creation of 

notification of 

approved/disap

proved draft 

permit terms 

and 

conditions‡,a

Answer 

respondent 

questions‡,a

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

Year 1 13 23 13 23 23 23

Year 2 12 24 12 24 24 24

Year 3 11 23 11 23 23 23

Year 1 ($/yr) 8.58 120.75 8.58 15.18 15.18 15.18

Year 2 ($/yr) 7.92 126 7.92 15.84 15.84 15.84

Year 3 ($/yr) 7.26 120.75 7.26 15.18 15.18 15.18

Year 1 ($/yr) 11.7 828 11.7 828 828 828

Year 2 ($/yr) 10.8 864 10.8 864 864 864

Year 3 ($/yr) 9.9 828 9.9 828 828 828

Year 1 ($1,000/yr) 0.02 0.95 0.02 0.84 0.84 0.84

Year 2 ($1,000/yr) 0.02 0.99 0.02 0.88 0.88 0.88

Year 3 ($1,000/yr) 0.02 0.95 0.02 0.84 0.84 0.84

Total ($1,000/yr) 2.9 Respondents 7.8 EPA

Average ($1,000/yr) 1.0 Respondents 2.6 EPA

Total Occurrences Postage Copying

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

Activity

(Respondent/EPA)

Year

†

Initial Equivalency by Permit Option approval.

‡

Per Standard Equivalency by Permit Option approval.

a Assumes 1-lb. package. 

b Assumes 2-oz. letter
36

Send submittal to 

EPA 

(Respondent)a

Answer 

Respondent 

Questions (EPA)b

Year 1 0 0

Year 2 0 0

Year 3 0 0

Year 1 ($/yr) 0 0

Year 2 ($/yr) 0 0

Year 3 ($/yr) 0 0

Year 1 ($/yr) 0 0

Year 2 ($/yr) 0 0

Year 3 ($/yr) 0 0

Year 1 

($1,000/yr)

0 0

Year 2 

($1,000/yr)

0 0

Year 3 

($1,000/yr)

0 0

Total ($1,000/yr) 0 0

Average 

($1,000/yr)

0 0

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

Option (§63.97)

Copying Total Occurrences Postage

Activity

(Respondent/EPA)

Year

 a Assumes 1-lb. package.

 b Assumes 2-oz. letter
37

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

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

Straight Delegation (§63.91) -- 

Administrative Criteria

0.19 0.19 0.19 0.57 0 0 0 0

Straight Delegation (§63.91) -- 

Delegation of Standard 0 0 0 0 59.73 59.73 59.73 179.19

Rule Adjustment Option 

(§63.92)

0.25 0.29 0.29 0.83 0.01 0.01 0.01 0.03

Rule Substitution Option 

(§63.93) 0.87 0.91 0.91 2.69 0.03 0.03 0.03 0.09

Equivalency by Permit 

Option (§63.94) -- One-Time 

Application)

0.02 0.02 0.02 0.06 0.02 0.02 0.02 0.06

Equivalency by Permit 

Option (§63.94) -- per 

Standard 0.95 0.99 0.95 2.89 2.52 2.64 2.52 7.68

State Program Approval 

Option (§63.97) -- One-Time 

Application 0 0 0 0 0 0 0 0

State Program Approval 

Option (§63.97) -- Per 

Standard a 0 0 0 0 0 0 0 0

Accidental Release Prevention 

Program (§63.95)

0 0 0 0 0 0 0 0

EPA Review and Withdrawal 

(§63.96) 0 0 0 0 0 0 0 0

Total 2.28 2.4 2.36 7.04 62.31 62.43 62.31 187.05

Average 2.3 62.4

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

Respondents EPA
38

a Combined with one-time costs, above.

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

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

Straight Delegation (§63.91) -- 

Administrative Criteria

137.19 137.19 137.19 411.57 141 141 141 423

Straight Delegation (§63.91) -- 

Delegation of Standard

834 833 833 2500 501.73 488.69 488.69 1479

Rule Adjustment Option 

(§63.92)

25.25 29.29 29.29 83.83 21.01 25.01 25.01 71.03

Rule Substitution Option 

(§63.93)

268.87 281.91 281.91 832.69 212.03 222.03 222.1 656.16

Equivalency by Permit Option 

(§63.94) -- One-Time 

Application)

15.02 14.02 13.02 42.06 54.02 75.02 46.02 175.06

Equivalency by Permit Option 

(§63.94) -- per Standard

209.95 218.99 209.95 638.89 193.52 201.64 193.52 588.68

State Program Approval 

Option (§63.97) -- One-Time 

Application

0 0 0 0 0 0 0 0

State Program Approval 

Option (§63.97) -- Per 

Standarda

0 0 0 0 0 0 0 0

Accidental Release Prevention 

Program (§63.95)

0 0 0 0 0 0 0 0

EPA Review and Withdrawal 

(§63.96)

0 0 0 0 0 0 0 0

Total

1490.28 1514.40 1504.36 4509.04 1123.31 1153.39 1116.34 3393.0

Average

1503 1131

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

Respondents EPA

a Combined with one-time costs, above.
39

Option 2010 Average 

Annual Burden 

(hr/yr)

2014 Average 

Annual Burden 

(hr/yr)

Difference Percent 

Difference 

Straight Delegation Option (§63.91) 23,491 19,381 -4,109.33 -17.49%

Rule Adjustment Option (§63.92) 806 556 -250.00 -31.02%

Rule Substitution Option (§63.93) 6,708 5,519 -1,188.67 -17.72%

Equivalency by Permit Option (§63.94) 6,103 4,033 -2,070.00 -33.92%

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

EPA Withdrawal (§63.96) 0 0 0.0 0.00%

State Program Approval Option (§63.97) 0.00 0.00 0.0 0.00%

Total 37,107 29,489 -7,618 -20.53%

Table 8. Difference in Average Annual Burden Hours

Option

2010 Average Annual 

Total Cost ($1,000/yr)

2014 Average Annual 

Total Cost ($1,000/yr) Difference

 Percent 

Difference 

Straight Delegation Option (§63.91) 839 970 131 16%

Rule Adjustment Option (§63.92) 29 28 -1 -3%

Rule Substitution Option (§63.93) 240 276 37 15%

Equivalency by Permit Option (§63.94) 244 226 -18 -7%

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

EPA Withdrawal (§63.96) 0 0 0 0%

State Program Approval Option (§63.97) 0 0 0 0%

Total 1,351 1,500 149 11%

Table 9. Difference in Average Annual Total Cost