p.1 

OAR Box 1787 

Prepped by Ollie Stewart 

Document Number: 

148) ll-A-17 

Docket Number: 

A-90-37 

Printed 11/5/2008 9:21:16 AM Sheet 148 of 149 
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A-90-37 

pljg B ROW ll_ 

EFA AIR DOCKET 

INFORMATION COLLECTION REQUEST 

FOR 40 CFR PART 51 AND 52 

PREVENTION OF SIGNIFICANT 

DETERIORATION 

AND NONATTAINMENT NEW SOURCE REVIEW 

by 

Daniel Charles Mussatti, Economist 

Innovative Strategies and Economics Group 

Air Quality Management Division 

Office of Air Quality Planning and Standards 

Office of Air and Radiation 

United States Environmental Protection Agency 

MD-12 

RTP, North Carolina 27711 

September 8, 1995 
V * 

* 

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INFORMATION COLLECTION REQUEST 

FOR 40 CFR PART 51 AND 52 

PREVENTION OF SIGNIFICANT DETERIORATION AND 

NONATTAINMENT NEW SOURCE REVIEW 

TABLE OF CONTENTS 

1. IDENTIFICATION OF THE INFORMATION COLLECTION 1 

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

1(b) ABSTRACT / EXECUTIVE SUMMARY 1 

2. NEED FOR AND USE OF THE COLLECTION 3 

2(a) NEED / AUTHORITY FOR THE COLLECTION 3 

2(b) USE / USERS OF THE DATA 3 

3. THE RESPONDENTS AND THE INFORMATION REQUESTED 5 

TABLE 3-1 PRIMARY NSR RESPONDENTS BY SIC CODE 5 

3(a) RESPONDENTS / STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODES 5 

TABLE 3-2 DETERMINATION OF NSR SOURCE BASELINE 6 

3(b) INFORMATION REQUESTED 6 

3(b)(1) DATA ITEMS 6 

3(b)(2) RESPONDENT ACTTVTnES 6 

4. THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT 7 

4(a) STATE AND LOCAL AGENCY ACTIVITIES 7 

4(b) COLLECTION METHODOLOGY AND MANAGEMENT 7 
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5. REGULATORY FLEXIBILITY, ENVIRONMENTAL EQUITY, AND OTHER 

COLLECTION CRITERIA 8 

5(a) SMALL ENTITY FLEXIBILITY 8 

5(a)(1) METHODOLOGY 8 

TABLE 5-1 INDUSTRY MULTIPLIERS 8 

5(a)(2) MEASURES TO AVERT IMPACTS ON SMALL ENTITIES 8 

5(a)(3) MEASURES TO MITIGATE IMPACTS ON SMALL ENTITIES 9 

5(b) COLLECTION SCHEDULE 9 

5(c) ENVIRONMENTAL JUSTICE CONSIDERATIONS 9 

5(c)(1) PURPOSE OF ANALYSIS 9 

5(c)(2) MITIGATION STRATEGIES 10 

5(d) NONDUPLICATION 10 

5(e) CONSULTATIONS 10 

5(f) EFFECTS OF LESS FREQUENT COLLECTION 10 

5(g) GENERAL GUIDELINES 10 

5(h) CONFIDENTIALITY AND SENSITIVE QUESTIONS 11 

5(eh(l) CONFIDENTIALITY 11 

5(h)(2) SENSITIVE QUESTIONS 11 

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 12 

6(a) ESTIMATING RESPONDENT BURDEN AND COSTS 12 

TABLE 6-1 RESPONDENT BURDEN AND COSTS 12 

6(b) ESTIMATING THE STATE AND LOCAL AGENCY BURDEN AND COST .. . 13 

TABLE 6-2 STATE AND LOCAL AGENCY BURDEN AND COSTS 14 
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6(c) ESTIMATING AGENCY BURDEN AND COST 14 

TABLE 6-3 FEDERAL BURDEN AND COSTS 15 

6(d) REASONS FOR CHANGE IN BURDEN 15 

6(e) BOTTOM LINE BURDEN HOURS AND COSTS / BURDEN TABLES 16 

TABLE 6-4 BOTTOM LINE EFFECTS OF 1990 CLEAN AIR ACT 

REQUIREMENTS 16 

6(f) BURDEN STATEMENT 16 

APPENDK A INFORMATION REQUIREMENTS 17 

TABLE A-l RESPONDENT DATA AND INFORMATION REQUIREMENTS FOR 

PREPARING PART C (PSD) CONSTRUCTION PERMITS 18 

TABLE A-2 RESPONDENT DATA AND INFORMATION REQUIREMENTS FOR 

PREPARING PART D (NONATTAINMENT) CONSTRUCTION 

PERMITS 19 

TABLE A-3 STATE DATA AND INFORMATION REQUIREMENTS . . 20 

SEC 505: PERMIT APPLICATIONS 21 

SEC 504: PERMIT REQUIREMENTS AND CONDITIONS 22 

40 CFR 70.5® STANDARD APPLICATION FORM AND REQUIRED INFORMATION 23 
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1. IDENTIFICATION OF THE INFORMATION COLLECTION 

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

This report is entitled Information Cnllprtinn Request for 40 CFR part 51 and 52 

Prevention of Significant Deterioration and Nonattainment New Source Review . 

1(b) ABSTRACT / EXECUTIVE SUMMARY 

The regulations covered under this analysis are contained in parts 51 and 52 of title 40 

of the Code of Federal Regulations (CFR) which specify requirements for the preparation, 

adoption, and submittal of implementation plans; and approval and promulgation of 

implementation plans, respectively. Specifically 40 CFR 51.166 and 52.21 specify 

requirements for prevention of significant deterioration (PSD) programs, and 40 CFR 51.165 

specify requirements for nonattainment NSR programs. 

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

that a Director may approve a collection of information to three years. Therefore, the 1992 ICR 

for parts 51 and 52 NSR expires in 1995. The purpose of this ICR is to update the information 

collection analysis for the 40 CFR parts 51 and 52 New Source Review (NSR) regulations to 

accommodate requirements superimposed on the rule by the Clean Air Act amendments of 1990 

that became effective after the approval of the 1992 ICR.i Except for information collections in 

notices of proposed rules or those exempted under the emergency processing provisions of 44 

U.S.C. § 3507(j), the Paperwork Reduction Act requires EPA to solicit comments on each 

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

information collection must meet specific standards before submittal to OMB. The EPA certifies 

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

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

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

providing the information to or for the EPA. 

The information found in this Information Collection Request (ICR) is required for the 

submittal of a complete permit application for the construction or modification of all major new 

stationary sources of pollutants in attainment and nonattainment areas, as well as for applicable 

minor stationary sources of pollutants. 

The Agency anticipates annualized direct costs to sources for the NSR program to be 

approximately $41 million, for a net increase of $13 million, about 46 percent more than the 

current 1992 ICR burden of $28 million. These costs represent the direct administrative costs for 

320 part C major NSR sources, 590 part D major NSR sources, and 19,500 minor NSR sources. 

On a per source basis, these costs are approximately $33 thousand for each part C source, $20 

An ICR was submitted in June 1994 for changes to the New Source Review program mandated by the 

1990 Amendments to the Clean Air Act with respect to parts C and D of the Act. An ongoing effort 

to streamline and simplify NSR regulations is undergoing development, and the ICR for that NSR 

Reform rulemaking will be subject to review and comment and approval under the Paperwork 

Reduction Act requiements that become effective October 1, 199S. 

40 CFR parts Sl and 52 PSD and NonatUinment NSR Information Collection Request September 8,1995 

Page 1 
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thousand for part D sources, and $368 for each minor NSR source. The Agency estimates the 

annualized cost of New Source Review to States and local agencies to be approximately $12 

million, $3 million for part C sources, $2 million for part D sources, and $7 million for minor NSR 

sources. This constitutes an increase of $2 million over the costs of the 1992 NSR ICR. The 

Agency expects Federal costs will be $465 thousand, 146 percent more than the 1992 ICR's $189 

thousand burden cost. 

This ICR addresses the record keeping and reporting burden to the Federal 

government, industry respondents, and State and local air pollution control agencies subject to 

the requirements under 40 CFR parts 51 and 52 and the Clean Air Act Amendments of 1990. 

The burden estimates are calculated for the three-year period beginning January 1996 and 

ending January 1999. The types of information collection activities addressed in this ICR are 

included in Appendix A. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

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2. NFFD FOR AND TTSF. OF THF COT TFCTION 

2(a) NEED / AUTHORITY FOR THE COLLECTION 

Section 110 of the Clean Air Act (CAA) requires all States to submit an 

implementation plan which contains a preconstruction review program for all major new or 

modified stationary sources, including any provisions necessary for this program to meet the 

specific requirements of parts C and D of title I of the CAA related to major construction. 

Section 110 of the CAA requires that no new or modified stationary source, in conjunction 

with existing source emissions in the same area, can interfere with the attainment or 

maintenance of the National Ambient Air Quality Standards (NAAQS). This effectively 

means that no source can construct without securing a permit to ensure that the objectives of 

the 1990 CAA Amendments are met. 

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

modified sources constructing in areas that do not violate the NAAQS. These requirements are 

more commonly referred to as the prevention of significant deterioration (PSD) rules, which 

require a prospective major new or modified source to: (1) demonstrate that the NAAQS and 

increments will not be exceeded, (2) ensure the application of best available control technology 

(BACT), and (3) protect Federal Class I areas from adverse impacts, including adverse 

impacts on air quality related values (AQRVs). 

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

modified sources constructing in areas designated as nonattainment for a NAAQS pursuant to 

section 107 of the CAA. The part D provisions also apply to major source permitting in the 

Northeast Ozone Transport Region as established under section 184 of the Act as amended. 

The part D rules generally require a prospective major construction project to: (1) ensure the 

application of controls which will achieve the lowest achievable emission rate (LAER), (2) 

certify that all major sources in a State owned or controlled by the same person (or persons) 

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

source emissions to comply wiht specific statutory offset ratios and are otherwise, equal to or 

greater than those necessary to show attainment and maintenance of the applicable NAAQS 

(offsets). 

2(b) USE / USERS OF THE DATA 

Before the owner or operator of a facility can commence construction or modification 

of its source, it must comply with all applicable construction permit requirements. The owner 

or operator of a stationary source must develop or collect all relevant information not 

otherwise available to the PA. The PA reviews the application materials submitted by the 

owner or operator and either declares the permit application complete for processing or 

provides the owner or operator guidance on how to correct the deficiencies in the application. 

The applicant then collects the additional data identified by the PA in order for the permit 

application to be deemed "complete." Although sufficient information must be submitted by 

the applicant before its permit can be classified as complete, some additional clarifying 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

Page 3 
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information can be submitted at a later date by the applicant to assist EPA in processing the 

permit application. 

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

application information is used by the PA to determine whether: (1) the source will cause or 

contribute to a violation of the NAAQS and air quality increments, (2) whether BACT will be 

applied, and (3) whether the source's emissions will adversely affect any Federal Class I areas, 

including AQRVs in these areas. For major sources to be constructed or modified in 

nonattainment areas, the permit application information is used by the PA to (1) determine 

whether the source will apply LAER, (2) determine whether the source will achieve the 

required emissions offsets, and (3) determine whether the source has demonstrated that all 

other of its major sources in the same State are in compliance with all applicable air emissions 

regulations. 

Once the application is complete, the PA makes a preliminary determination regarding 

the approvability of the permit application, and makes this determination together with the 

application and supporting information available to the public for at least 30 days. The PA 

must then respond to public comments and take action on the final permit. The final permit 

must be acted upon by the PA within one year of receipt of a complete application. 

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

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

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

control technologies. The Clean Air Act amendments require that the BACT or LAER 

information in each permit must be gathered by the PA and submitted for entry into the RBLC 

database as a reference for making future control technology determinations. Information on 

BACT and LAER determinations is also available to the public through the National Technical 

Information Service. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

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3. THF RF.SPONnFNTS AND THF INFORMATION RFQTTFSTFD 

TABLE 3-1 

PRIMARY NSR RESPONDENTS BY SIC CODE 

Steam Electric Plants 

Petroleum Refining 

Chemical Processes 

Natural Gas Transport 

Pulp and Paper 

Automobile Manufacturing 

Pharmaceuticals 

491 

291 

281 

492 

261 and 262 

371 

283 

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

Table 3-1 lists the three digit SIC groups the Agency expects will comprise the majority 

of respondents affected by New Source Review. These categories were chosen because of their 

historic relative incidence in seeking NSR permits, as established in prior ICRs and confirmed 

by a nationwide air inventory performed by the Agency in 1986-87. These industries have 

been used as the basis for impact analysis since that inventory. 

3(a)(1) ESTIMATION OF THE NUMBER OF SOURCES SUBJECT TO NEW 

SOURCE REVIEW 

Four ICRs have been prepared for previous NSR rulemakings, the original NSR ICR of 

July 1985, an update for PM-10 done in April 1988, another update for nitrogen dioxide (NOJ 

increments in October 1988, and an ICR for the CMA Exhibit A, written in July 1989. The 1989 

CMA Exhibit A ICR serves as the baseline for this ICR, modified to include those changes 

resulting from the 1990 CAA requirements and such new information about the information 

collection process that may have been gathered since the last ICR update. 

Table 3-2 displays the changes in applicable major and minor NSR sources since the 1989 

CMA Exhibit A ICR. The 1989 CMA Exhibit A ICR estimated 20,370 major and minor NSR 

sources, of which 370 were considered major under parts C (300 sources) and D (70 sources). 

Statutory changes required by the CAA Amendments of 1990 increased the number of major 

sources to which parts C (20 sources) and D (520 sources) applied. Overall, the 1990 CAA 

requirements for parts C and D result in a net increase of 40 applicable sources.2 The number of 

Currently, streamlining efforts are under way for NSR. These "NSR Reform" revisions were completed 

in 1995 and will reduce the number of part C and D applicable sources to 231 and 424 respectively. An 

ICR for NSR Reform will follow this ICR update. 

40 CFR parts 51 and 52 PSD md Nonattainment NSR Information Collection Request September 8,1995 

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applicable minor sources decreased slightly under the 1990 CAA requirements, to 19,500. The 

number of applicable sources on the bottom line of Table 3-2 represents the analytical baseline 

used for the determination of source, State and local agency, and Federal burden and costs for this 

ICR update. 

TABLE 3-2 

DETERMINATION OD NSR SOURCE BASELINE 

ITEM PSD PartD MINOR TOTAL 

1989 CMA Exhibit A Baseline 

Changes Due to 1990 CAA Requirements 

300 

20 

70 

520 

20,000 

(500) 

20,370 

40 

BASELINE FOR 1995 NSR ICR UPDATE 320 590 19,500 20,410 

3(b) INFORMATION REQUESTED 

3(b)(1) DATA ITEMS 

Tables A-l, A-2, and A-3 of Appendix A summarize the respondent and State data and 

information requirements which owners or operators of major sources must include in PSD and 

nonattainment NSR construction permit applications. Appendix A also includes the appropriate 

CFR references for the data and information requirements which pertain to the requirements 

under part 51 which govern the way States implement NSR programs. For each reference in part 

51, corresponding language will be found in part 52. Typically, owners or operators of minor 

sources submit information to demonstrate that they are exempt from the major source 

construction permit requirements; therefore, these owners or operators will not have to comply 

with all of the requirements shown in Tables A-l and A-2. 

3(b)(2) RESPONDENT ACTIVITIES 

Table 6-1 lists the activities, burden, and estimated costs of the NSR activities required 

under 40 CFR parts 51 and 52. These activities include three broad categories: Preparation and 

Planning; Data Collection and Analysis; amd Permit Application. Within each of these categories, 

further subdivision of a source's activities can be found. The Agency anticipates it will take 320 

part C major sources approximately 711 hours each, or a total of 228 thousand hours to complete 

an NSR application. Each of the 590 part D NSR sources will require 445 hours, or a total of 263 

thousand hours each year to complete part D NSR applications. Each minor source will require 8 

hours to complete its NSR application requirements, for a total of 156 thousand hours. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request 

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September 8,1995 
P.12 

4. THE INFORMATION COLLECTED ~ AGENCY ACTIVITIES. COLLECTION 

METHODOLOGY. AND INFORMATION MANAGEMENT 

4(a) STATE AND LOCAL AGENCY ACTIVITIES 

Table A-3 summarizes the data and information requirements which State and local 

agencies must meet. Table A-3 also shows the part 51 references for the data and information 

requirements specified. The appropriate language from the Act, 40 CFR 51 and 40 CFR 52 for 

State and local agencies is included at the end of Appendix A, as well. 

4(b) COLLECTION METHODOLOGY AND MANAGEMENT 

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

regulations will be responsible for submitting construction permit applications to the PA. The PA 

will log in permit applications, store applications in a central filing location at the PA, notify the 

FLM (if applicable), transmit copies of each application to EPA, and enter summary data for each 

application into the EPA's NSR BBS. Once construction permits have been approved, the 

reviewing authority will submit control technology information to EPA's RBLC database. 

Because the construction permits and associated control technology determinations are performed 

on a case-by-case basis, the regulations will not contain additional forms which owners or 

operators will have to fill out and submit to the PA. States will likely use their current permit 

application forms for NSR purposes. 

Qualified personnel who work for the PA will perform permit reviews and check the 

quality of data submitted by the applicant on a case-by-case basis. The applicant will be required 

to submit information on how the data were obtained (e.g., indicate whether emissions data were 

obtained through the use of emissions factors or test data) and how calculations were performed. 

The PA personnel will check data quality by reviewing test data and checking engineering 

calculations, and by reviewing control technology determinations for similar sources. The RBLC 

and other sources will be reviewed for information on control technology determinations made for 

sources similar to the sources included in the permit application. Confidential information 

submitted by the applicant will be handled by the permit reviewing authority's confidential 

information handling procedures. The public will be provided the opportunity to review a permit 

application, including FLM findings, by obtaining a copy from the permit reviewing authority or 

by attending the public hearing. The public can also find summary data on all applicants in the 

NSR BBS. The NSR regulations will not require information through any type of survey. 

Table 6-2 lists the State and local agency burden and costs associated with the major NSR 

permitting rule, as modified by the proposed Reform changes of this analysis. As is the case with 

the respondents, State and local agencies who will approve NSR permits will only have start-up 

costs for any given permit. Consequently, while the State or local agency will approve many 

permits each year, the annual burden for that function is simply equal to the burden found in any 

one year. 

40 CHI parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

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5. REGULATORY FLEXIBILITY. ENVIRONMENTAL EQUITY. AND OTHER 

COLLECTION CRITERIA 

5(a) SMALL ENTITY FLEXIBILITY 

The Regulatory Flexibility Act requires regulatory agencies, upon regulatory action, to 

prepare several documents determined by, among other things, the attributes of the regulatory 

action being taken. These include: (1) a Certification, (2) an Initial Regulatory Flexibility 

Analysis (IRFA), and (3) a Final Regulatory Flexibility Analysis (FRFA). In addition, the 

agencies must assure through various mechanisms that small entities are given an opportunity 

to participate in the rulemaking process. The Environmental Protection Agency has revised 

these guidelines such that, for any new rule subject to the Regulatory Flexibility Act, a 

regulatory flexibility analysis is required if the rule will have any economic impact, however 

small, on any small entities that are subject to the rule. This section of the report provides an 

analysis to assist EPA in completing an IRFA for the proposed NSR Reform regulations. An 

initial regulatory flexibility screening analysis showed that the proposed changes would not have 

any adverse impact on small entities. 

5(a)(1) METHODOLOGY 

For ICR approval, the Agency must demonstrate that it "has taken all practicable steps to 

develop separate and simplified requirements for small businesses and other small entities" (5 CFR 

1320.6(h)). The term "small entities" includes small businesses, small governmental jurisdictions, 

and small organizations. Any disproportional impact from the NSR regulations will be incurred 

by major sources subject to part C or D requirements. The Economic Impact Analyses (EIAs) 

which accompanied the 1995 NSR Reform rulemaking and the 1995 NSR part C and D CAA 

mandated changes included a Regulatory Flexibility Act Screening Analysis (RFASA) which 

encompassed the entire universe of applicable major sources for this ICR. Based on the 

methodology incorporated in those NSR EIAs, the Agency believes that the current part 51 and 

52 NSR regulations do not constitute a disproportionate burden on small entities. 

5(a)(2) MEASURES TO AVERT IMPACTS ON SMALL ENTITIES 

The EPA may exempt one or several source categories, in whole or in part, from the 

requirements under title V if it is determined that compliance with these requirements would be 

"impracticable, infeasible, or unnecessarily burdensome". However, the Agency may, under no 

circumstances, exempt a major source of air pollution. Since the impacts of NSR regulations 

which may impact small entities apply to major sources of air pollution, irrespective of 

commercial size, there is little room for regulatory flexibility to avert the impact of the proposed 

rulemaking on small entities through exemption. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

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5(a)(3) MEASURES TO MITIGATE IMPACTS ON SMALL ENTITIES 

Due to the major source characteristic of all NSR permitted units, only one option is 

available to mitigate the disproportionate impact of the NSR Reform rules on small entities. 

Implementation of small business stationary source technical and environmental compliance 

assistance programs as called for in section 507 of the Act (at the Federal and State levels) can 

reduce the reporting burden of small entities which are subject to major NSR. These programs 

may significantly alleviate the economic burden on small sources by establishing: 1) programs to 

assist small businesses with determining what Act requirements apply to their sources and when 

they apply, and 2) guidance on alternative control technology and pollution prevention for small 

businesses. 

5(b) COLLECTION SCHEDULE 

The NSR ICR update must be approved before October 1, 1995. Respondent schedules 

under the regulations of parts 51 and 52 depend on construction schedules. In general, each 

affected source is required to submit an application as a prerequisite to receiving a construction 

permit. Preparation of a construction permit application is a one-time-only activity for each 

project involving construction of a new source or modification of an existing source. The NSR 

permit regulations will not require periodic reporting or surveys. 

5(c) ENVIRONMENTAL JUSTICE CONSIDERATIONS 

5(c)(1) PURPOSE OF ANALYSIS 

Executive Order 12898, dated February 11, 1994, requires that each Federal agency 

make achieving environmental justice (EJ) part of its mission. To do this, agencies are 

required to identify and address disproportionately high adverse health or environmental effects 

of agency programs on minority and low-income populations. As part of this plan agencies 

must consider EJ issues when new rules are proposed. This section of the report provides 

support to EPA in its efforts to address EJ issues related to NSR regulations. EPA solicited 

guidance from the Agency's Office of Environmental Equity (OEE); the Office of Policy, 

Planning and Evaluation (OPPE); and the Office of Solid Waste and Emergency Response 

(OSWER) on a general set of issues which should be considered in preparation of this report. 

These issues included descriptive statistics, industrial concerns, geographic concerns, and 

mitigation strategies. 

The data in this section show that in many of the nonattainment areas affected by NSR, 

housing density is considerably higher than the State and national averages. When subsets of 

these areas correspond to areas with disproportionately high minority or low-income 

populations the agency should be especially sensitive to the potential for adverse impacts on 

minorities and lower income groups. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

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5(c)(2) MITIGATION STRATEGIES 

As described above, the primary effects of the NSR regulations relevant to 

consideration of EJ will not be apparent when considered at the national level. The most 

significant EJ concerns arise at the local level, when the siting of a source in an area would 

have disproportionate effects on minority or low-income populations. This analysis provides 

an effective mechanism for beginning to address EJ concerns related to NSR permit decisions 

nationwide. While the Ciena Air Act Amendments rulemaking does not include sepcific 

strategies to mitigate the disproportionate impact of NSR permitting, its predecessors did include 

such considerations in the form of increased opportunities for personal empowerment through the 

public comment process. 

5(d) NONDUPLICATION 

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

performed elsewhere by EPA. However, similar information may be collected during the 

development of certain environmental impact statements (EIS). In such cases, regulations and 

policies require that information collected for EIS's and NSR programs be coordinated to the 

maximum extent possible so as to minimize duplicating the collection of data. Some of the 

required information also may already be available from States or other Federal agencies. 

However, even when these data are available, they are not generally adequate to address 

completely the relevant NSR requirements. 

5(e) CONSULTATIONS 

Extensive public participation took place in the development of the original NSR 

regulations which addressed the basic information collection requirements. Implementation of the 

changes mandated by the 1990 Act Amendments also involved extensive public participation, in 

that public review and comment are required at both State and Federal levels for the adoption and 

Federal Appproval of the resultant State Implementation Plan rerquirements. This ICR was 

further informed by comments from the Clean Air Act Advisory Committee (CAAAC) on the 

1990 Clean Air Act Amendments and the NSR Reform Subcommittee of the CAAAC which was 

composed of Federal, State, and local agencies, environmental groups, and industry 

representatives. 

5(f) EFFECTS OF LESS FREQUENT COLLECTION 

The information required to be submitted by each permit applicant would be submitted on 

a one-time-only basis. When an existing source wishes to modify or expand a facility already in 

operation, most of the information submitted would pertain to the new construction. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

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5(g) GENERAL GUIDELINES 

The record keeping and reporting requirements contained in the NSR regulations do not 

exceed any of the Paperwork Reduction Act guidelines contained in 5 CFR 1320.6. 

5(h) CONFIDENTIALITY AND SENSITIVE QUESTIONS 

5(h)(1) CONFIDENTIALITY 

Confidentiality is not an issue for this rulemaking. In accordance with title V, the 

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

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

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

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

collected and handled according to EPA's 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 39999, September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, 

March 23, 1979). 

5(h)(2) SENSITIVE QUESTIONS 

The consideration of sensitive questions, (i.e., sexual, religious, personal or other private 

matters), is not applicable to this rulemaking. The information gathered for purposes of 

establishing an operating permit for a source do not include personal data on any owner or 

operator. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

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6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 

6(a) ESTIMATING RESPONDENT BURDEN AND COSTS 

Table 6-1 displays the respondent burden and costs associated with the NSR program as 

codified in 40 CFR parts 51 and 52. Typically, the annualized cost for Table 6-1 would be 

established as the discounted net present value of the stream of costs that would occur over the 

TABLE 6-1 

RESPONDENT BURDEN AND COSTS 

Activity 

1. Part C (PSD) 

A. 

B. 

C. 

D. 

Preparation and Planning 

Determination of Compliance Requirements 

Obtain guidance on Data Needs 

Preparation of BACT Engineering Analysis 

Data Collection and Analysis 

Air Quality Modeling 

Determination of Impact on Air Quality Related Values 

Pre-construction Air Quality Monitoring 

Post-construction Air Quality Monitoring 

Permit Application 

Preparation and Submittal of Permit Application 

Public Hearings 

Revisions to Permit 

TOTAL 

II. PART D (Nonattainment) 

A. 

B. 

C. 

D. 

Preparation and Planning 

Determination of Compliance Requirements 

Obtain guidance on Data Needs 

Data Collection and Analysis 

Preparation of LAER Engineering Analysis 

Demonstrate Offsets 

Prepare Analysis of Alternative Sites, Processes, etc. 

Air Quality Modeling 

Permit Application 

Preparation and Submittal of Permit Application 

Public Hearings 

Revisions to Permit 

TOTAL 

III. MINOR NSR 

Prerare and Submit Permit Application 

III. TOTALS 

Units 

320 

320 

320 

320 

320 

320 

320 

320 

320 

320 

590 

590 

590 

590 

590 

590 

590 

590 

590 

19.500 

Hours Per 

Unit 

86 

86 

86 

202 

50 

50 

50 

49 

33 

16 

711 

75 

75 

20 

40 

60 

100 

37 

25 

12 

445 

8 

Total 

Hours 

27,520 

27,520 

27,520 

64,640 

16,000 

16,000 

16,000 

15,680 

10,560 

5.120 

227,620 

44,250 

44,250 

11,800 

23,600 

35,400 

59,000 

21,830 

14,750 

7.080 

262,550 

156.000 

RAC mn 

Annual 

Cost* 

$1,238 

$1,238 

$1,238 

$2,909 

$720 

$720 

$720 

$706 

$53 

$230 

$10,238 

$1,991 

$1,991 

$531 

$1,062 

$1,593 

$2,655 

$982 

$664 

$319 

$11,816 

$7,020 

S?ft.n7S 

All costs are in thousands of 1994 dollars. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

Page 12 
P.18 

life of the permit program or the ICR, whichever is shorter. However, in the case of NSR, there 

are only up-front costs. All reporting and monitoring costs associated with the implementation of 

a source's pollution management plan are incorporated into the requirements of the NSPS , 

Enhanced Monitoring, and the appropriate SIP. Therefore, the costs of the NSR rule for the 

second and third years of the ICR, as modified by this proposal, are zero, and the net present 

value of the costs of the NSR rules are equal to the cost of the first year outlay. Additionally, 

since the cost of NSR permitting is incurred "up front", it is a sunk cost to the source and does 

not require amortization over the life of the source. Therefore, the annualized cost of a source's 

NSR permit application is equal to the first year outlay as well. 

Respondents include owners or operators of major stationary sources which will be 

subject to the construction permit requirements under EPA's NSR regulations. The annual 

respondent burden associated with major source PSD and nonattainment NSR construction 

permit activities is $22 million. The annual minor NSR respondent burden for construction burden 

activities adds an additional $7 million to that figure, for a total of $29 million in respondent 

burden for the current NSR program codified under 40 CFR parts 51 and 52. These costs are 

determined by multiplying the estimated number of hours for each burden category by $45.00 per 

hour. This hourly rate is the same as that used in prior NSR ICRs and both part 70 and part 71 

operating permit ICRs, and represents a mixture of in-house and contractor effort. This analysis 

concludes the current New Source Review permitting program does not result in a significant cost 

to society, as defined under Executive Order (EO) 12866, section 3(f)(1). 

6(b) ESTIMATING THE STATE AND LOCAL AGENCY BURDEN AND COST 

Table 6-2 displays the State and Local Agency burden and costs associated with the NSR 

program as codified in 40 CFR parts 51 and 52. As was found for the respondent costs, the 

annualized cost for Table 6-2 would normally be established as the discounted net present value of 

the stream of costs that would occur over the life of the permit program or the ICR, but for NSR, 

there are only up-front costs. The State and Local Agency costs of the NSR rule for the second 

and third years of the ICR, as modified by this proposal, are zero, and the net present value of the 

costs of the NSR package is equal to the cost of the first year outlay. Because the cost of NSR 

permitting occurs "up front", it is a sunk cost to the source and does not require amortization 

over the life of the source. Therefore, the annualized State and Local Agency costs for NSR are 

the same as the initial outlay as well. The annual State and Local Agency burden cost associated 

with major source PSD and nonattainment NSR construction permit activities is $5 million. The 

annual minor NSR State and local agency cost for construction activities adds an additional $7 

million to that figure, for a total of $12 million in State and local agency burden costs for the 

current NSR program codified under 40 CFR parts 51 and 52. These costs are determined by 

multiplying the estimated number of hours for each burden category by $34.00 per hour. This 

hourly rate is the same as that used in prior NSR ICRs and both part 70 and part 71 operating 

permit ICRs, and represents a mixture of in-house and contractor effort. This analysis concludes 

the current New Source Review permitting program does not result in a significant cost to 

society, as defined under Executive Order (EO) 12866, section 3(f)(1). 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

Page 13 
TABLE 6-2 

STATE AND LOCAL AGENCY BURDEN AND COSTS 

P.19 

Activity Units 

Hours Per 

Unit 

36 

20 

16 

8 

24 

32 

8 

24 

40 

40 

8 

16 

Total 

Hours 

11,520 

6,400 

5,120 

2,560 

7,680 

10,240 

2,560 

7,680 

12,800 

12,800 

2,560 

5.120 

Total 

Cost* 

$392 

$218 

$174 

$87 

$261 

$348 

$87 

$261 

$435 

$435 

$87 

$174 

PART C (PSD) 

A. Attend Preapplication Meetings 

B. Answer Respondent Questions 

C. Log In and Review Data Submissions 

D. Request Additional Information 

E. Analyze for and Provide Confidentiality Protection 

F. Prepare Completed Applications for Processing 

G. File and Transmit Copies 

H. Prepare Preliminary Determination 

I. Prepare Notices for and Attend Public Hearings 

J. Application Approval 

K. Notification of Applicant of PA Determination 

L. Submittal on Information to BACT / LAER to RBLC 

320 

320 

320 

320 

320 

320 

320 

320 

320 

320 

320 

320 

M. Total 272 87,040 $2,959 

II. PART D (Nonattainment) 

A. Attend Preapplication Meetings 

B. Answer Respondent Questions 

C. Log In and Review Data Submissions 

D. Request Additional Information 

E. Analyze for and Provide Confidentiality Protection 

F. Prepare Completed Applications for Processing 

G. File and Transmit Copies 

H. Prepare Preliminary Determination 

I. Prepare Notices for and Attend Public Hearings 

J. Application Approval 

K. Notification of Applicant of PA Determination 

L. Submittal on Information to BACT / LAER to RBLC 

590 

590 

590 

590 

590 

590 

590 

590 

590 

590 

590 

590 

7 

10 

8 

4 

4 

12 

4 

8 

18 

16 

2 

16 

4,130 

5,900 

4,720 

2,360 

2,360 

7,080 

2,360 

4,720 

10,620 

9,440 

1,180 

9.440 

$140 

$200 

$160 

$80 

$80 

$241 

$80 

$160 

$361 

$321 

$40 

$321 

M. Total 

III. MINOR NSR 

Preparation of Determination and Notification of Applicant 

III. TOTALS 

* All costs are in thousands of 1994 dollars. 

590 

19.500 

109 64,310 

10 195.000 

$2,187 

$6.630 

mus n «•" 77<i 

6(c) ESTIMATING AGENCY BURDEN AND COST 

EPA Regional Offices typically review major NSR permits. The EPA expects its review of 

NSR permits to consist of the tasks listed in Table 6-3, with a total burden of approximately 14 

thousand hours at a cost of $465 thousand dollars. The cost estimate uses a wage and overhead 

rate of $34 / hour (based on a Federal wage rate at the Grade 11, step 3 level for the 1994 pay 

schedule, adjusted for overhead and other appropriate costs.) This wage rate is consistent with 

previous NSR and operating permits analyses. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

Page 14 
TABLE 6-3 

FEDERAL BURDEN AND COSTS 

P.20 

Activity 

A. Review and Verify Applicability Determination 

B. Review Control Technology Determination 

C. Evaluate Offsets 

D. Evaluate Air Quality Modeling 

E. Evaluate Alternative and Secondary Impact Analysis 

F. Evaluate Class I Area Analysis 

G. Administrative Tasks 

H. TOTAL 

* All Costs are In thousands of 1994 dollars 

Units 

910 

910 

910 

910 

910 

910 

910 

Hours Per 

Unit 

2 

3 

1 

4 

2 

2 

1 

Total 

Hours 

1,820 

2,730 

910 

3,640 

1,820 

1,620 

910 

Total 

Cost* 

$62 

$91 

$31 

$124 

$62 

$62 

$31 

16 13,650 $466 

6(d) REASONS FOR CHANGE IN BURDEN 

The purpose of this rulemaking is to update the existing ICR for New Source Review as 

codified in 40 CFR parts 51 and 52 and as influenced by the 1990 Act Amendments. The 

Paperwork Reduction Act requires an update to an existing ICR every three years to account for 

new information and changes in the rule which may have taken place within the three year period. 

This updates indicates that changes to the NSR program since the 1992 ICR update constitute an 

increase in burden and costs to sources, States and local agencies, and the Federal government. 

This is due to certain requirements of the 1990 CAA part C and D requirements which States 

were to implement regardless of the timing of commensurate regulatory changes. In particualr 

these requirements lowered the nonattainment- area major source thresholds for sources of Ozone 

precursors and PM-10. Consequently, some sources that were considered minor for purposes of 

new source review under the 1992 ICR have been re-designated as major. For industry 

respondents, the burden estimated in this ICR is 7 percent higher than in the part C ICR baseline. 

For part D sources, the burden increases by 743 percent. There is a commensurate decrease of 

500 units subject to minor NSR as a result of applicability changes imposed by the 1990 CAA 

requirements. The Agency anticipates respondents will incur an annual increase in permitting costs 

of $11 million due to these mandated changes, for a total cost of $29 million per year. 

State/local agencies receive equiproportional changes. Applicability changes imposed by the 

1990 CAA Amendments increase costs to States and local agencies for part C NSR sources by 

approximately 7 percent per year over the costs of the pre-1990 regulations (1992 ICR), from 

$2.8 million per year to $3 million. Part D source costs increase by 744 percent, from .25 million 

annually to $2.2 million. 

The Agency expects the Federal burden to increase as well. Under the classification scheme 

prior to the 1990 CAA Amendments, the Agency, primarily the Regions, reviewed 370 part C and 

D major source applications. The current part C and D definitions as established by the 1990 CAA 

Amendments increases the number of major source applications by 470 per year, for an increase in 

Agency burden and costs of 146 percent, or $276 thousand per year. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request 

Page 15 

September8,1995 
P.21 

6(e) BOTTOM LINE BURDEN HOURS AND COSTS / BURDEN TABLES 

TABLE 6-4 

NSR PROGRAM REFLECTING THE 1990 CLEAN AIR ACT AMENDMENTS 

Number of Sources 

Burden Hours 

Respondents 

State/Local 

Federal 

Annualized Cost * 

Respondents 

State / Local 

Federal 

Pail C (PSD) 

320 

227,620 

•7,040 

4,800 

$10,699 

$2,969 

$163 

Total 

Part D (Nonattainment) 

690 

262,660 

64,310 

8,850 

$11,816 

$2,187 

$301 

Minor NSR 

166,000 

195,000 

0 

$7,020 

$6,630 

$0 

Part C (PSD) 

711 

272 

16 

$33.12 

$9.26 

$0.61 

Per Unit 

Part D (Nonattainment) 

446 

109 

16 

$20.03 

$3.71 

$0.61 

Minor NSR 

8 

10 

0 

$0.36 

$0.34 

$0.00 

• In thousands of 1994 dollars. 

6(f) BURDEN STATEMENT 

The information collection requirements of the current NSR program have been submitted for 

approval to OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et. seq. An ICR 

document has been prepared by the EPA and a copy may be obtained from Sandy Farmer, 

Information Policy Branch (2136), U.S. Environmental Protection Agency, 401 M St., 

Washington, D.C. 20460, (202) 260-2740. Request ICR No. 1713.01. 

The average annual burden to respondents for this collection of information is approximately 

506 thousand hours per year for permitted units, or 711 hours for each part C PSD source 

(227,520 total burden hours) and 445 hours for each part D nonattaiment source (262,550 total 

burden hours). This includes time for reviewing instructions, searching existing data sources, 

gathering and maintaining the data needed, and completing and reviewing the collection of 

information. 

Send comments regarding the burden estimate or any other aspect of this collection of 

information, including suggestions for reducing this burden to: Group Leader, Integrated 

Implementation Group (MD-12), U.S. Environmental Protection Agency, RTP, North Carolina, 

27711 marked, "Attention: Desk Officer for the EPA." The final rule will respond to any OMB 

or public comments on the information collection requirements contained in this proposal. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request 

Page 16 

September 8,1995 
P.22 

APPENDK A 

INFORMATION REQUIREMENTS 
P.23 

TABLE A-l. RESPONDENT DATA AND INFORMATION REQUIREMENTS FOR 

PREPARING PART C (PSD) CONSTRUCTION PERMITS 

Requirements 

Current 

Regulation Reference 

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

operating schedule 

Detailed schedule for construction 

Description of continuous emission reduction system, emission 

estimates, and other information needed to determine that BACT 

is used 

Air quality impact, meteorological, and topographical data 

Nature and extent of, and air quality impacts of general 

commercial, residential, industrial, and other growth in area of 

source 

Use of air quality models to demonstrate compliance with 

NAAQS and increment 

A demonstration that the benefits of the proposed source 

significantly outweigh the environmental and social costs 

imposed as a result of its location, construction, or modification 

40CFR51.166(n)(2)(I) 

40CFR51.166(n)(2)(ii) 

40CFR51.166(n)(2)(iii) 

40CFR51.166(n)(3)(I) 

40CFR51.166(n)(3)(ii) 

40CFR51.166(k)&(l) 

Not a current requirement; 

(Proposed as a new 

requirement) 

Information necessary to determine impact on AQRVs in Class I 40 CFR 51.166(n)(4) 

areas 

Air quality monitoring data 

Impairment of visibility, soils, and vegetation 

Air quality impact resulting from general commercial, 

residential, industrial, and other growth associated with source 

Written notice of proposed relocation from portable source 

Description of the location, design construction, and operation 

of building, structure, facility, or installation 

Description of the nature and amounts of emissions to be 

emitted 

Description of the air quality data and dispersion or other air 

quality modeling used 

Sufficient information to ensure attainment and maintenance of 

NAAQS 

40CFR51.166(m) 

40CFR51.166(o)(l) 

40CFR51.166(o)(2) 

40 CFR 

51.166(I)(4)(iii)(d) 

40 CFR 51.160(c)(2) 

40 CFR 51.160(c)(1) 

40 CFR 51.160(f) 

40CFR51.160(c)-(e) 

40 CFR 51.161-163 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request 

Page 18 

September 8,1995 
P.24 

TABLE A-2. RESPONDENT DATA AND INFORMATION REQUIREMENTS 

FOR PREPARING PART D (NONATTAINMENT NSR) 

CONSTRUCTION PERMITS 

Requirements 

Proposed 

Regulation Reference 

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

Documentation that all sources owned or operated by same 40 CFR 51.165(h)(1) 

person are in compliance 

Documentation that sufficient emissions reductions are 

occurring to comply with specific offset requirements and 

to ensure RFP 

Documentation that benefits of proposed source 

significantly outweigh the environmental and social costs 

imposed as a result of its location, construction, or 

modification 

Description of the location, design construction, and 

operation of building, structure, facility, or installation 

Description of the nature and amounts of emissions to be 

emitted 

Description of the air quality data and dispersion or other 

air quality modeling used 

Sufficient information to ensure attainment and 

maintenance of NAAQS 

40 CFR 51.165(e) 

CAAA 

40 CFR 51.160(c)(2) 

40 CFR 51.160(c)(1) 

40 CFR 51.160(f) 

40CFR51.160(c)-(e) 

40 CFR 51.161 

40 CFR 51.162 

40 CFR 51.163 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request 

Page 19 

September 8,1995 
P.25 

TABLE A-3. STATE DATA AND INFORMATION REQUIREMENTS 

Requirement 

Proposed 

Regulation Reference 

Early FLM notification and opportunity to participate in 

meetings 

Submission of all permit applications to EPA 

Submission of notice of application, preliminary determination, 

degree of increment consumption, and opportunity for public 

comment 

Submission to FLM of permit applications 

40CFR51.166(p)(l)(ii) 

40CFR51.166(q)(l) 

40 CFR 

51.166(q)(2)(iv) 

40CFR51.166(p)(l) 

Submission of written request to exempt sources from review 

Written request for use of innovative control technology 

Establishing and operating a permitting program for all new 

sources 

Provide notice to EPA of all permits 

Provide for public comment for all NSR permits 

40 CFR 52.21(I)(4)(vi) 

40CFR51.166(s) 

40 CFR 51.160 

40 CFR 51.161(d) 

40 CFR 51.161 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

Page 20 
P.26 

SEC. 503. PERMIT APPLICATIONS. 

"(a) APPLICABLE DATE.-Any source specified in section 502(a) shall become subject to a 

permit program, and required to have a permit, on the later of the following dates-

"(1) the effective date of a permit program or partial or interim permit program 

applicable to the source; or 

"(2) the date such source becomes subject to section 502(a). 

"(b) COMPLIANCE PLAN.-(l) The regulations required by section 502(b) shall include a 

requirement that the applicant submit with the permit application a compliance plan describing 

how the source will comply with all applicable requirements under this Act. The compliance plan 

shall include a schedule of compliance, and a schedule under which the permittee will submit 

progress reports to the permitting authority no less frequently than every 6 months. 

"(2) The regulations shall further require the permittee to periodically (but no less frequently 

than annually) certify that the facility is in compliance with any applicable requirements of the 

permit, and to promptly report any deviations from permit requirements to the permitting 

authority. 

"(c) DEADLINE.-Any person required to have a permit shall, not later than 12 months after 

the date on which the source becomes subject to a permit program approved or promulgated 

under this title, or such earlier date as the permitting authority may establish, submit to the 

permitting authority a compliance plan and an application for a permit signed by a responsible 

official, who shall certify the accuracy of the information submitted. The permitting authority shall 

approve or disapprove a completed application (consistent with the procedures established under 

this title for consideration of such applications), and shall issue or deny the permit, within 18 

months after the date of receipt thereof, except that the permitting authority shall establish a 

phased schedule for acting on permit applications submitted within the first full year after the 

effective date of a permit program (or a partial or interim program). Any such schedule shall 

assure that at least one-third of such permits will be acted on by such authority annually over a 

period of not to exceed 3 years after such effective date. Such authority shall establish reasonable 

procedures to prioritize such approval or disapproval actions in the case of applications for 

construction or modification under the applicable requirements of this Act. 

"(d) TIMELY AND COMPLETE APPLICATIONS.-Except for sources required to have a 

permit before construction or modification under the applicable requirements of this Act, if an 

applicant has submitted a timely and complete application for a permit required by this title 

(including renewals), but final action has not been taken on such application, the source's failure 

to have a permit shall not be a violation of this Act, unless the delay in final action was due to the 

failure of the applicant timely to submit information required or requested to process the 

application. No source required to have a permit under this title shall be in violation of section 

502(a) before the date on which the source is required to submit an application under subsection 

(c). 

"(e) COPIES; AVAILABILITY.-A copy of each permit application, compliance plan 

(including the schedule of compliance), emissions or compliance monitoring report, certification, 

and each permit issued under this title, shall be available to the public. If an applicant or permittee 

is required to submit information entitled to protection from disclosure under section 114(c) of 

this Act, the applicant or permittee may submit such information separately. The requirements of 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

Page 21 
P.27 

section 114(c) shall apply to such information. The contents of a permit shall not be entitled to 

protection under section 114(c). 

"SEC. 504. PERMIT REQUIREMENTS AND CONDITIONS. 

"(a) CONDITIONS.-Each permit issued under this title shall include enforceable emission 

limitations and standards, a schedule of compliance, a requirement that the permittee submit to the 

permitting authority, no less often than every 6 months, the results of any required monitoring, 

and such other conditions as are necessary to assure compliance with applicable requirements of 

this Act, including the requirements of the applicable implementation plan. 

"(b) MONITORING AND ANALYSIS.-The Administrator may by rule prescribe procedures 

and methods for determining compliance and for monitoring and analysis of pollutants regulated 

under this Act, but continuous emissions monitoring need not be required if alternative methods 

are available that provide sufficiently reliable and timely information for determining compliance. 

Nothing in this subsection shall be construed to affect any continuous emissions monitoring 

requirement of title IV, or where required elsewhere in this Act. 

"(c) INSPECTION, ENTRY, MONITORING, CERTIFICATION, AND 

REPORTING.-Each permit issued under this title shall set forth inspection, entry, monitoring, 

compliance certification, and reporting requirements to assure compliance with the permit terms 

and conditions. Such monitoring and reporting requirements shall conform to any applicable 

regulation under subsection (b). Any report required to be submitted by a permit issued to a 

corporation under this title shall be signed by a responsible corporate official, who shall certify its 

accuracy. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

Page 22 
P.28 

40 CFR 70.5(c) Standard applications form and required information. The State program 

under this part shall provide for a standard application form or forms. Information as described 

below for each emissions unit at a part 70 source shall be included in the application. The 

Administrator may approve as part of a State program a list of insignificant activities and 

emissions levels which need not be included in permit applications. However, for insignificant 

activities which are exempted because of size or production rate, a list of such insignificant 

activities must be included in the application. An application may not omit information needed to 

determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee 

amount required under the schedule approved pursuant to §70.9 of this part. The permitting 

authority may use discretion in developing application forms that best meet program needs and 

administrative efficiency. The forms and attachments chosen, however, shall include the elements 

specified below: 

(1) Identifying information, including company name and address (or plant name and address 

if different from the company name), owner's name and agent, and telephone number and names 

of plant site manager/contact. 

(2) A description of the source's processes and products (by Standard Industrial 

Classification Code) including any associated alternative scenario identified by the source. 

(3) The following emission related information: 

(I) All emissions of pollutants for which the source is major, and all emissions of regulated 

air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted 

from any emissions unit, except where such units are exempted under this paragraph (c) of this 

section. The permitting authority shall require additional information related to the emissions of 

air pollutants sufficient to verify which requirements are applicable to the source, and other 

information necessary to collect any permit fees owed under the fee schedule approved pursuant 

to §70.9(b) of this part. 

(ii) Identification and description of all points of emissions described in paragraph (c)(3)(I) of 

this section in sufficient detail to establish the basis for fees and applicability of requirements of 

the Act. 

(iii) Emissions rate in tpy and in such terms as are necessary to establish compliance 

consistent with the applicable standard reference test method. 

(iv) The following information to the extent it is needed to determine to regulate emissions: 

Fuels, fuel use, raw materials, production rates, and operating schedules. 

(v) Identification and description of air pollution control equipment and compliance 

monitoring devices or activities. 

(vi) Limitations on source operation affecting emissions or any work practice standards, 

where applicable, for all regulated pollutants at the part 70 source. 

(vii) Other information required by any applicable requirement (including information related 

to stack height limitations developed pursuant to section 123 of the Act.) 

(viii) Calculations on which the information on paragraphs (c)(3)(I) through (c)(3)(vii) of this 

section is based. 

(4) The following air pollution control requirements: 

(I) Citation and description of all applicable requirements, and 

(ii) Description of or reference to any applicable test method for determining compliance 

with each applicable requirement. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

Page 23 
P.29 

(5) Other specific information that may be necessary to implement and enforce other 

applicable requirements of the Act or of this part or to determine the applicability of such 

requirements. 

(6) An explanation of any proposed exemptions from otherwise applicable requirements. 

(7) Additional information as determined to be necessary by the permitting authority to 

define alternative operating scenarios identified by the source pursuant to § 70.6(a)(9) of this part 

or to define permit terms and conditions implementing § 70.4(b)(12) or § 70.6(a)(10) of this part. 

(8) A compliance plan, for all part 70 sources that contains all the following: 

(I) A description of the compliance status of the source with respect to all applicable 

requirements. 

(ii) A description as follows: 

(A) For applicable requirements with which the source is in compliance, a statement that the 

source will continue to comply with such requirements. 

(B) For applicable requirements that will become effective during the permit term, a 

statement that the source will meet such requirements on a timely basis. 

(c) For requirements for which the source is not in compliance at the time or permit issuance, 

a narrative description of how the source will achieve compliance with such requirements, 

(iii) A compliance schedule as follows: 

(A) For applicable requirements with which the source is in compliance, a statement that the 

source will continue to comply with such requirements. 

(B) For applicable requirements that will become effective during the permit term, a 

statement that the source will meet such requirements on a timely basis. A statement that the 

source will meet in a timely manner applicable requirements that become effective during the 

permit term shall satisfy this provision, unless a more detailed schedule is expressly required by 

the applicable requirement. 

(c) A schedule of compliance for sources that are not in compliance with all applicable 

requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial 

measures, including an enforceable sequence of actions with milestones, leading to compliance 

with any applicable requirements for which the source will be in noncompliance at the time of 

permit issuance. This compliance schedule shall resemble and be at least as stringent as that 

contained in any judicial consent decree or administrative order to which the source is subject. 

Any such schedule of compliance shall be supplemental to and shall not sanction noncompliance 

with, the applicable requirements on which it is based. 

(iv) A schedule for submission of certified progress reports no less frequently than every 6 

months for sources required to have a schedule of compliance to remedy a violation. 

(v) The compliance plan content requirements specified in this paragraph shall apply and be 

included in the acid rain portion of a compliance plan for an affected source, except as specifically 

superseded by regulations promulgated under title IV of the Act with regard to the schedule and 

method(s) the source will use to achieve compliance with the acid rain emissions limitations. 

(9) Requirements for compliance certification, including the following: 

(I) A certification of compliance with all applicable requirements by a responsible official 

consistent with paragraph (d) of this section and section 114(a)(3) of the Act; 

(ii) A statement of methods used for determining compliance, including a description of 

monitoring, record keeping, and reporting requirements and test methods; 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

Page 24 
P.30 

(iii) A schedule for submission of compliance certifications during the permit term, to be 

submitted no less frequently than annually, or more frequently if specified by the underlying 

applicable requirement or by the permitting authority; and 

(iv) A statement indicating the source's compliance status with any applicable enhanced 

monitoring and compliance certification requirements of the Act. 

(10) The use of nationally-standardized forms for acid rain portions of permit applications 

and compliance plans, as required by regulations promulgated under title IV of the Act. 

(d) Any application form, report, or compliance certification submitted pursuant to these 

regulations shall contain certification by a responsible official of truth, accuracy, and 

completeness. This certification and any other certification required under this part shall state 

that, based on information and belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate, and complete. 

40 CFR parts 51 and 52 PSD and Nonattainment NSR Information Collection Request September 8,1995 

Page 25