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###### Environmental Protection Agency

          - [EPA-HQ-OECA-2006-0437 FRL-8291-9] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Notice.

# SUMMARY:

                        In compliance with the Paperwork Reduction Act (44 U.S.C. 3501*et seq.*), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on April 30, 2007. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.                     

# DATES:

Additional comments may be submitted on or before April 25, 2007. 

# ADDRESSES:

                        Submit your comments, referencing docket ID number EPA-HQ-OECA-2006-0437, to (1) EPA online using                         *http://www.regulations.gov*                         (our preferred method), by e-mail to                         *docket.oeca@epa.gov,*                         or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, Mail Code 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.                     

# FOR FURTHER INFORMATION CONTACT:

                        Learia Williams, Compliance Assessment and Media Programs Division, Office of Compliance, Mail Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202) 564-4113; fax number: (202) 564-0050; e-mail address:                         *williams.learia@epa.gov*.                     

# SUPPLEMENTARY INFORMATION:

                    EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On June 21, 2006 (71                     *FR*                     35652), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments.                 

                    EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2006-0437, which is available for online viewing at                     *http://www.regulations.gov,*                     or in person viewing at the Enforcement and Compliance 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 Enforcement and Compliance Docket Center is (202) 566-1927.                 

                    Use EPA's electronic docket and comment system at                     *http://www.epa.gov,*                     to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether                           ( print page 14099)                        submitted electronically or in paper, will be made available for public viewing at                     *www.regulations.gov,*                     as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to                     *www.regulations.gov*.                 

*Title:*                     NSPS for Nitric Acid Plants (Renewal).                 

*ICR Numbers:*                     EPA ICR Number 1056.09, OMB Control Number 2060-0019.                 

*ICR Status:*                     This ICR is scheduled to expire on April 30, 2007. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the                     **Federal Register**                     when approved, are listed in 40 CFR part 9, are displayed either by publication in the                     **Federal Register**                     or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9.                 

*Abstract:*                     The New Source Performance Standards (NSPS) for Nitric Acid Plants were proposed on August 17, 1971, and promulgated on June 14, 1974. These standards apply to nitric acid production units, which commenced construction, modification or reconstruction after the date of proposal. The standards require periodic recordkeeping to document process information relating to the source's ability to meet the requirements of the standard and to note the operational conditions under which compliance was achieved.                 

Owners or operators of the affected facilities described must make the following one-time only reports: Notification of the date of construction or reconstruction; notification of the actual dates of startup, notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate; notification of the date of the initial performance test; and the results of the initial performance test. 

Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility or any period during which the monitoring system is inoperative. These notifications, reports, records and semiannual reports are required of all sources subject to NSPS. This information is used by the Agency to identify sources subject to the standards to insure that the best demonstrated technology is being properly applied. 

In the Administrator's judgment, volatile organic compound (VOC) emissions from nitric acid plants cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, NSPS were promulgated for this source category. 

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 Number for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/or instrument, if applicable. 

*Burden Statement:*                     The annual public reporting and recordkeeping burden for this collection of information are estimated to average 25 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.                 

*Respondents/Affected Entities:*                     Nitric acid plants.                 

*Estimated Number of Respondents:*                     24.                 

*Frequency of Response:*                     Initially and semiannually.                 

*Estimated Total Annual Hour Burden:*                     1,290.                 

*Estimated Total Costs:*                     $2,549,639, which includes $68,000 annualized Capital Start up costs, $2,400,000 annualized Operations & Maintenance (O & M) costs, and $81,639 annualized Labor costs.                 

*Changes in the Estimates:*                     There is no change in the labor hours or cost in this ICR compared to the previous ICR. This is due to two considerations. First, the regulations have not changed over the past three years and are not anticipated to change over the next three years. Secondly, the growth rate for the industry is very low, negative or non-existent, so there is no significant change in the overall burden.                 

Since there are no changes in the regulatory requirements and there is no significant industry growth, the labor hours and cost figures in the previous ICR are used in this ICR and there is no change in burden to industry. 

Dated: March 14, 2007. 

Oscar Morales, 

Director, Collection Strategies Division.

 [FR Doc. E7-5490 Filed 3-23-07; 8:45 am] 

BILLING CODE 6560-50-P