# EPA United States Environmental Protection Agency


## Office of Air and Radiation Office of Air Quality Planning and Standards

____________________________________________________________________________________ April 2007 

# INFORMATION

COLLECTION REQUEST FOR STATE OPERATING PERMIT REGULATIONS (40 CFR PART 70)

prepared by Jeff Herring, Environm ental Scientist Air Quality Policy Division Operating Permits Group

EPA #1587.07E

- 1 The approved burden l evel in the previous ICR was 4.0 million hours per ye ar for sources, 1.1 million burden hours per ye ar for perm itting authorities (PAs), and 28 thousand hours for the Federal government; for a total of 5.1 million hours each ye ar. The current ICR predicts 4.2 m illion, 1.3 million, and 33 thousand hours, respectivel y, for each resp ond ent group, for a total of 5.6 million hours. Overall, this is an expected increase in burden of 42 0 thousand hours. This increase in burden reflects an increase in the number of so urces that will have their existing permits renewed and a more accurate esti mate of the number of general versus single

- source permits effective during the period covered b y the ICR renewal . For sources, this is an increase in burden of 197 thousand hours , primarily due to increased activities related to operating gap

- filling monitoring, preparing monitoring and annual compliance certification reports , and preparing renewal applications, despite the offset from the concomitant burden reduction due to the m ajority

of sources having completed their initial permit applications. The Agency

predicts States and other PA s will incur a burden increase of about 21 9 thousand hours per year and the Federal government will incur an increase of 5 thousand hour s per ye ar .
TA BLE E - 1 B URDEN CHA NGE FROM NOVEMBER 2004 ICR TO CURRENT ICR

Av era ge An nual Burden in November 2004 ICR Av erage An nual Burden in ICR Renewal Difference

Sources PA s Federal 3,978,858 1,130,690 28,294 4,17 6,069 1, 349,570 33,389 197, 211 218,880 5,095 Total 5,137,8 42 5, 559,028 421,186 Table E

- 1 display s the expected annual burden and the expected change in annual burden for sources, PA s, and the Federal government for implementation of the title V Operating Permits Program between July 2007 and June 2010. Of the 5.6 million hours the Agency anticipates it will take to perform all the functions required each ye ar, about 3 /4 of the burden applies to sources. However, the magnitude of the total expected burden can be misleading, due to the number of pe rmitted sources. For the 16,818 sources included in this analy sis, the average expected burden is relativel y small

– just over 6 weeks of a full

- time employee's time. Executive SummaryE

- 2 Permi tting authorities incur about 24 percent of the burden of part 70 management, with the total burden spread between a significantly smaller number of entities compared to sources. On average, the Agency estimates the burden associated with the title V Operating Permits Program will be about 12 ,000 hours per year per PA. Each PA can e xp ect to expend an average of 8 0 hours of effort per source each ye ar, at a cost of about $3,6 00 per permit. However, PA burden cannot be considered an Unfunded Mandate because the net cost to PA s for their management of an operating permits program must, b y law, be passed on to the PA's sources through the permit fee. The cost of permits to sources must be of sufficient magnitude to fully offset all permit management costs. Hence, the true annual cost to permitting authorities under title V is zero, and the true annual cost to sources is $ 22 1 .0 million, approximately $ 13 , 1 00 per source per ye ar. The increase in burden for PAs in this I CR renewal is due to changes in levels of program activities that have occurred as a result of evolution of the program (e .g., an increase in permit renewal activity during the period) and to changes in burden estimates for PAs

. The burden and cost increase for F ederal activities results primarily from a change in the burden estimate , specifically to add an annual burden for EPA oversight of each State and local program to reflect increased activity related to EPA response to public petitions asking EPA to object to specific State permits . This additional burden more than offsets the expected decrease in the level of EPA eff ort related to issuance of initial permits

. In accordance with the analy tical requirements established under the Regulatory

Flexibility

Act (RFA) and the Small Business Regulatory Enforcement Fairness Act (SBREFA), the Agency has determined that there are no adverse effects to be identified vis

- à

- vis small entities and small businesses. Note that EPA has not made any changes in regulatory requirements or policy

that would impose any

new information collection requirements for small business, however this IC R renewal does show a small increase in burden and costs due to several variations in assumptions from the last I CR, including an expected increase in the number of sources subject to permit renewal requirements, a more accurate estimate of the percenta ge of sources that have obtained less

- burdensome general permits, and inflation adjustments for wage rates.Table of Contents Executive Summary.................................................. .. ... ............E
- 1 1. Identification of the Information Collection............ . ... . . . ......... 1 2. Need and Use of the Collection........................... .. ...... . ........3 3. Non
- Duplication, Consultation, and Other Collection Criteria.......................................... .. ...... . ........5 4. The Respondents and the Information Requested...... . .. ...........8 5. The Information Collected

– Collection Met hodology a nd Information Management. ........................... .. ............12 6. Estimating the Burden and Cost of the Collection...... .. ..........14 Attachment 1 Assumptions for Part 70 ICR Ren ewal..................... ... .....................2 9 Attachment 2 Worksheets for Burden Estimat es........................ ............... .. .........3 5 Attachment 3 Title V of the Clean Air Act, t he Statutory Requirements For the Respondent Information.............................. . .......... .. ..........4 4 Attachment 4 Analysi s of Part 70 State Program Evaluation s For ICR Renewal Purposes ( 1587.07 )......... ............... .............................. .... ... .. ......5 5 Attachment 5 February 9, 2007 Federal Register Notice (72 FR 6233) ... ... ............ ..6 11 This analy sis is titled: " State Operating Permit Regulations (40 CFR part 70) ." It fulfills the Agency's requirement s under the Paperwork Reduction Act (PRA) to determine, report, and periodicall y update the regulatory burden associated with the Operating Permits Program, codified in section 40 of the Code of Federal Regulations (40 CFR) part 70. This report has been a ss igned EPA tracking number IC R # 1587.07. The OMB tracking number for this ICR is 2060

- 0243. Title V of the Clean Air Act requires States to develop and implement a program for issuing operating permits to all sources that fall under any Act definitio n of major and certain other non

- major sources that are subject to Federal air quality

regulations. The Act further requires EPA to develop regulations that establish the minimum requirements for those State operating permits programs and to oversee their implementation. The EPA regulations setting forth requirements for the operating permits programs were codified at 40 CFR part 70 on July 21, 1992. The activities that will occur during the period of this I CR include:

• permitting authorities issuing the remaining initial permits;

• sources submitting semi

- annual mo nitoring and annual compliance certification reports;

• permitting authorities reviewing those reports;

• sources submitting applications for permit revisions;

• permitting authorities processing permit revisions;

• sources appl yi ng for permit renewal;

• permitting authorities renewing permits;

• newly

subject sources submitting permit applications; and

• permitting authorities issuing new initial permits. All of these data are made available for pu blic review and comment. The activities to carry

out these tasks are considered mandatory and necessary for implementation of title V and the proper operation of the operating permits program. The information will also be available for public inspection at any time in the offices of the permitting authorities. The Agency

anticipates annualized direct costs of the part 70 permit program for the three ye ars of the ICR to subject sources to be approximately

$4 80.8 million. These represent the direct administrative costs for 16,818 sources, or approximately $ 9 , 5 00 per source per ye ar 1 Identification of the Information Collection

1.2 Description2 (248 hours per source per year). The Agency estimates the cost of the part 70 permit program for the three ye ars of the ICR to permitting auth orities to be approximately $1 82. 2 million ($ 3 , 600 and 8 0 hours per source per year) while Federal costs for the three years of the IC R will be approximate ly

$4.5 million (2 hours and $ 89 per source per year).3 In implementing title V of the Act an d EPA's part 70 operating permit regulations, State and local permitting authorities must develop programs and submit them to EPA for approval (section 502(d)). Sources subject to the program must prepare operating permit applications and submit them to the permitting authority within 1 year after approval of the program by EPA (section 503). Permitting authorities will then issue permits (section 503(c)) and thereafter enforce, revise, and renew those permits at no more than 5

- ye ar intervals (section 502 (b)(5)). Permit applications and proposed permits will be provided to, and are subject to review b y, EPA (section 505(a)). The permit and all information submitted by a source shall be available for public review except for confidential information which will be protected from disclosure (section 503(e)) and the public shall be given public notice of, and an opportunity for comment on, permit actions (section 502(b)(6)). Sources will submit monitoring reports semi

- annually and compliance certification reports annually , to the permitting authorities (section 503(b)(2)). The EPA has the responsibility to oversee implementation of the program (section 502(c)). A cop y of sections 502 through 504 of title V of the Act are in Attachment 3. The burden estim ates included in this I CR include the total burden of implementing the part 70 operating permits program. For the 3

- ye ar period covered b y this ICR, all State programs (including those portions of States for which an operating permits program is being impl emented by a local agency) have been submitted to EPA and h ave been granted full approval. All permit applications have been submitted to State or local permitting authorities except for sources that will be newly subject to the program. To carry out th e remaining activities of the program (listed above in section 1.2), permitting authorities must obtain the required information from sources subject to the program and they must then carry

out their functions (e.g., permit issuance, renewal, and revision and report review) based on the information. The information included in this I CR is based upon the best data sources available to the Agency

at this time. However, inconsistencies in PA reporting techniques, incomplete data sets, and sampling limitatio ns imposed upon the Agency b y the Paperwork Reduction Act necessitated a certain amount of extrapolation and "best

- guess" estimations by permitting authority and Agency

experts. Consequently , the reader should not consider 2 Need and Use of the Collection 2.1 Need/Authority For the Collection

2.2 Practical Utility/Users of the Data

2.3 Caveats and Considerations4 the conclusions to be an exact representation of the level of burden or cost that will occur during the three ye ars of this ICR. Instead, this I CR should be considered a directionally

- correct assessment of the impact the Operating Permits Program will have over the next three years. Throughout this ICR, the reader will observe estimated values that show accuracy to the single hour or dollar. Because this I CR estimates the expected impact of the Operating Permits Program, reporting values at the single unit level may

be misleading. In most situations, the proper way to present estimated data would be to determine an appropriate level of precision and truncate values accordingl y, usuall y in terms of thousands or millions of units. For instance, a spreadsheet generated estimation of $5, 456,295 would be presented in the text as $5.5 (millions) or $5,456 (thousands). One problem with such an approach is the loss of data richness when the report contains a mixture of very l arge and very small numbers. Such was the case with this I CR, wher e source values are consistently in the millions and Federal values in the tens of thousands. Consequently , to avoid the loss of information through rounding, this ICR reports all values at the single unit level and reminds the reader that there is no imp lied precision inherent in this style of reporting.5 While much of the information requested under this I CR existed prior to the creation of the operating permits program, an operating permit is a compilation of existing requirements; the purpose being to bring all requirements applicable to a source into one document. The intent of this compilation is to (1) resolve any questions of applicability at the time of permit issuance, (2) provide certainty to sources as to their oblig ations, and (3) provide the public access to a source's obl igations and compliance status. The Agency

has no leeway

to not require such previously existing information under this I CR since consolidation of the information into the operating permit and pro viding public access is the whole purpose of the statute. To the extent that similar information was previously collected (e.g., State permits under State implementation plans), the part 70 program may replace those activities thus avoiding duplication of efforts.
For any existing rule, § 3507(g) of the PRA limits the length of time for which the Director may approve a collection of information to 3 years. The last I CR renewal (EPA tracking number 1 587.06) was granted on November 1, 2004 for the period ending March 31, 2007. An emergency extension was granted b y OMB on March 13, 2007 that extended the expiration date to June 30, 2007 Except for information collection in notices of proposed rules or those exempted under the emergency processing provisi ons of 44 U.S.C. § 3507(j), the PRA requires EPA to solicit comment on each proposed information collection, including the renewal or modification of any existing ICR. On February

9, 2007 (72 FR 6233), the Agency published a notice soliciting comment on an anal ys is of burden for the part 70 program for the 3

- ye ar period of this ICR (i.e., July 1, 2007 to June 30 , 2010). A cop y of the February 2007 notice is attached as Attachment 5. The EPA received no public comments. In updating this ICR, EPA relied on the latest information on the number of sources subject to the program and the number of permits issued which is provided to EPA’s regional offices, quarterl y, b y permitting authorities with in their jurisdictions. Also, EPA contacted the State and Territorial Air Pollution Program Administrators and the Association of L ocal Air Pollution Control Officers (STAPPA/ALAPCO), now known as the National Association of Clean Air Agencies (NACAA) , and during a 3 Non
- Duplication, Consultation, and Other Collection Criteria 3.1 Non
- Duplication

3.2 Public Notice Requirements

3.3 Consultations6 conference call with them EPA received input on the draft ICR renewal for part 70 that was released for public comment on February 2, 2007.

. Consistent with NACAA’s input during that consultation, changes have been made to burden estimates for certain activities performed b y permitting authorities and EPA. This is described more fully in section 6.2. Also, consistent with NACAA’s concerns, in section 4.2.2, we are providing more detailed descriptions of permitting authority activities. The burden estimates for specific activities for this I CR renewal co ntinues to rely on consultations conducted for the previous ICR s , as shown below. Permitting authorities contacted b y EPA:

• Tom Micai, New Jersey DEP, 609

- 292

- 0834

• Lisa McClung, West Virginia DEP, 304

- 558

- 0885

• Way

ne Anderson, Mississippi DEQ, 601

- 961

- 5153

• Rick McVaigh, San Joaquin UAPCD, 209

- 497

- 2000 Geri O. Sullivan of STAPPA/ALAPCO (now NACAA) contacted the following members and provided their responses to EPA:

• Jim Ross, Illinois EPA, 217

- 782

- 4651

• Brian Fitzgerald, Vermont ANR, 802

- 241

- 3848

• Ph il Davis, Alabama DEM, 334

- 271

- 7875

• Curt Marshall, Regional Air Pollution Control Agency (Day ton, OH), 937

- 225

- 4435

• Renee Bashel, Wisconsin DNR, 608

- 266

- 7718 In the last I CR renewal , EPA discussed two other EPA a ctivities that it thought would yi eld additional title V burden information for this renewal. One of these activities was a nationwide, comprehensive evaluation of the majority of title V operating permits programs, which was completed September 2006. The second activity is a stakeholder effort to assess all aspects of the title V program, currently lead by the Clean Air Act Advisory Committee. (This effort is known as the Title V Task F orce.) The first activity , the State program evaluations, was not specificall y designed to provide information for purposes of estimating burdens and cost of title V programs but it did result in information that generally supports the assumptions of the prior ICR, including those based on input from State and local permitting authorities. There is onl y one as sumption for permitting authorities that has changed in response to these evaluations, that is the7 frequency that public comments results in changes to draft permits (see T able 8, section 6.3.2 ) , which did not lead to significant changes in overall burden for permitting authorities. ( See anal ys is of State program evaluations included as Attachment 4 ) . The second activity , the Title V Task F orce, resulted in recommendations on way s that EPA could improve the effectiveness of the title V programs, such as through rulemaking or the issuance of guidance, but it did not result in any information useful for estimating burdens for this I CR , and no guidance or rulemaking resulting from this effort are effective at this time . ( For more on the Title V Taskforce, s ee http://www.epa.gov/oar/oaqps/permits/taskforce.html ) In general, the information collections included in this I CR are one

- time submittals per activity

(e.g., permit appl ication, per mit issuance, and permit revision). Exceptions are deviation reports that must be submitted "promptl y" and the semi

- annual monitoring data report and the annual compliance certification. These reports are required by section 503(b)(1) and (2), respective ly , of the Act and EPA has no leeway to require less frequent reporting. Part 70 requires retention of all monitoring data and support information and all permit applications, proposed permits, and final permit records for a period of 5 ye ars. These re cords are necessary to fulfill the intent of title V to assure compliance with applicable requirements. Questions regarding the obligations of a source and its status of compliance can be resolved through such records. All information, other than confidential business information, relating to the permitting of sources under this program and related to compliance monitoring are required by section 503(e) of the Act to be subject to public review at all times. Section 70.4(b)(3)(viii) requires the permitting authority to make available to the public any permitting information except that entitled to protection from disclosure under section 114(c) of the Act. Protected information may be required to be submitted directly to EPA. Such information will be st ored in EPA's Confidential Business Information office. 3.4 Effe cts of Less Frequent Collection

3.5 General Guidelines

3.6 Confidentiality8 Respondents to this information collection come from two groups: permitting authorities (PAs) and sources required to obtain an operating permit. All States are required b y title V to dev elop a part 70 operating permits program. In many instances, local agencies administer a program in their jurisdiction in lieu of the State and are thereb y subject to the same program requirements as States. In total, there are 112 State, territorial, an d local agencies administering operating permits programs. Under title V, all major stationary sources must obtain an operating permit. 1 Some non

- major sources may also be subject to the program if they are subject to a Federal standard such as a New So urce Performance Standard (including standards for hazardous air pollutants). Some of these sources have been exempted from the program or the applicability of the program requirements are deferred until some future date. In formation provided to the EPA by

permitting authorities indicate that 16,643 sources are now subject to the program, representing more than 500 SI C codes. Additional information (including SIC codes) for major sources subject to title V may be found by

accessing the following web page : http://www.epa.gov/compliance/resources/publications/data/systems/air/afs majorsources.pdf All activities associated with the operating permits program are considered information collection activities and are re flected in the I CR for part 70. Followin g are lists of the operating permits program data items submitted by sources and permitting authorities and program activities performed b y permitting authorities and sources. Note that the descriptions for permitting authority activities below have been revised since the last I CR update to include more detailed descriptions, as request b y NACCA (these changes are not due to any new EPA mandates )

. Permitting Authorities (submitted to EPA)

• Applications for initial permits, permit revisions, and permit renewals

• Draft/proposed permits, permit revisions, or permit renewals

1 All definitions of “major” in the Act. 4 The Respondents and the Information Requested 4.1 Respondents

4.2 Information Requested

4.2.1 Data Items Submitted Including Recordkeeping Requirements9 • Final permit

• Annual report of enforcement activities Sources (submitted to permitting authority)

• Application for initial permits, permit revisions, and permit renewals

• Deviation rep orts that must be filed "promptly "

• Semi

- annual monitoring report

• Annual compliance certification report

PERMITTING AUTHORITY ACTIVITIES

• Program administration: Responding to inquiries about the program, developing internal and external program guidanc e, developing rules, forms, and other mechanisms to implement the program, planning, attending program training, permit fee collection, providing source training, attending EPA meetings and conferences, providing public education, and other program related activities

. • Permit application review , in cluding discussions with a source concerning the completeness of the permit application , review of applications for completeness and technical approach, and requests for additional information, when necessary

. • Dr aft permit preparation , i ncluding contact with the source to clarify the specific requirements that apply , drafting the “statement of basis,” drafting gap

- filling monitoring, when necessary , and drafting permit terms and conditions to reflect existing requirements

. 2

• Comment period notification: P roviding notice to the public, EPA, and affected States of the comment period on a draft permit (for initial permit issuance, permit renewal and significant permit modification). Affected State notification is als o required for minor permit modificati on .

2 This involves writing permit terms that reflect the “applicable requirements ” that appl y to sources

. The se “applicable requirements ” ( e.g., MACT and CAM ) are not required by part 70 ; they are require d by other Federal rules and the ir burdens are counted in the ICRs for those rules. Nevertheless, writing permit terms to reflect those requirements are part 70 burden s. Also, part 70 burdens include imposing additional monitoring through part 70 , such a s gap - filing monitoring ( as clarified in a December 15, 2006 interpretive rule , 71 FR 75422 )

. 4.2.2 Respondent Activitie s10 • Public hearing administration: Administering a public hearing, when appropriate , for initial permit issuance, permit renewal, and significant permit modification

. • Interaction with EPA on a proposed permit, including negotiations, re - drafting, and formal EPA objections (including those attributable to public petitions)

. • Response to public comments: Anal yz ing public comments and revising the draft permit accordingl y , when appropriate

. • Permit issuance: Formal izing p ermits, placing copies of final permits on public websites, entering information into EPA’s permit website (Air Facility

Sy stem), and providing copies to sources

. • General permits a dm inistration (Burden for issuing general permits included with other permit issuance burden)

. • Permit revision : Modifying permits to reflect changes at the source otherwise prohibited b y the permit , including public participation and affected State review, when needed

. • Permit renewal: Updating the permit to reflect changes at the source, not captured through permit revision (includes reviewing application, drafting changes, public notice, public hearings (when needed), responding to public comments (when needed), and permit issuance)

. • Monitoring and compliance certification: Reviewing deviation and semiannual monitoring reports and annual compliance certification reports required b y part 70, and any enforcement activities related to such reviews

. • Annual reporting: Preparing and submitting to EPA annually a report of the State's enforcement activities

.

SOURCE ACTIVITIES

• Permit application preparation , including internal meetings, permitting authority discussions, management and legal department involvement, responsible official certification, contractor services

. • Draft permit d evelopment: Interaction with the permitting authority on draft permit development

. • Gap
- filling development: Development of “periodic ” monitoring or reporting, where necessary

.
• Public hearing participation

• Operate gap
- filling periodic monitoring: Operatio n of monitoring equipment and the taking and keeping of records, where necessary

.11 • Monitoring reports: Preparing deviation and semi

- annual monitoring data reports and annual compliance certification s , including data anal ys is, responsible official certification, and report submission

. • Permit revisions: Preparing applications for revisions

. • Permit renewal : Preparing permit renewal applications

. • Other activities associated with permit renewal, including discussions with permitting authority an d public hearin g participation

. EPA ACTIVITIES

• Review proposed permits and permit revisions to determine if they provide for compliance w ith all applicable requirements

. • Review monitoring provisions of proposed permits or permit revisions to see if they

contain applic able requirements or to add periodic monito ring if needed

. • Consult with the permitting authority on any problems detected in the proposed permit or permit revision including interaction r elated to fact finding on permit petitions.

• Program oversight includi ng review of program changes , review annual reports of enforcement activities, program evaluation, issuing notices of def

iciency , development of formal EPA responses to public petitions, and applying sanctio ns to States, as appropriate.12 The Agency

w ill receive proposed permits or permit revisions in hard copy or electronically , depending on permitting authority capability

. Each EPA Regional Office has determined with their permitting authorities the most efficient s ys tem to exchange information. Each Regional Office maintains files of permit information only to the extent that the office determines the need for file retention. This will vary depending on factors such as the source (e.g., large, complicated sources vs. small), the ty pe of permit (general vs. full), the number of actions occurring at a source, or the record of the source with respect to compliance. There is no need for EPA to maintain complete files of permit actions for public access since these are maintained by

permitting authorities. Title V provides few ways to mitigate the effects of operating permit regulations on small entities. Under section 502(a) of the Act, the Agency has exempted or deferred applicability of title V for those non

- major source categories for which comp liance with title V will be impractical, infeasible, or unnecessaril y burdensome. (For example, see a recent final rule, 70 FR 75320, December 19, 2005, which exempted a large number of small sources). The Agency

has not analyzed how many of these non

- ma jor sources will be small businesses, but believes that a large percentage may fall under that definition. For industries with a large number of identical sources (e.g., bulk gasoline distribution terminals and gravel mining operations), general permits may be used to meet the requirements of title V ( instead of a source

- specific permit) . General permits can reduce the burden of the program on small businesses. In accordance with the analy tical requirements established under the Regulatory

Flexibility

A ct (RFA) and the Small Business Regulatory Enforcement Fairness Act (SBREFA), the Agency has determined that, because this ICR does not significantl y increase burden relative to its predecessor, there are no adverse effects to be identified vis

- à

- vis small entities and small businesses. Items identified in section 4.2.1 are listed below with their schedule for submission. 5 The Information Collected

– Collection Methodology and Information Management 5.1 Collection Methodology and Management

5.2 Small Entity Flexibility

5.3 Collection Schedule13 Permitting Authorities (submitted to EPA):

• Application for permits, permit revision, and permit renewal should be submitted to EPA with the proposed permit or permit revision

. • Draft/proposed permits, permit revisions, or permit renewals should be submitted when the State wants to commence the EPA review period of the prop osed permit or permit revision

. • The final permit should be subm itted to EPA soon after it is issued, but there is no deadline in part 70 for this submission

. • The annual report of enforcement activities is submitted to EPA annually , but p art 70 does not specify a date

. • Responding to program evaluation questionnaires

. Sources (submitted to permitting authority):

• New permit applications are due within 1 year after a source becomes subject to the pro gram . • Permit revision applications are submitted by a source when it wishes to make a change to its permit. There is no s chedule for these submissions in that they

are at the discretion of the source

. • Permit renewal applications are due at least 6 months prior to expiration of the permit

. • The semi

- annual periodic monitoring report is due to be submitted to the permitting authority twice a ye ar on dates specif ied by the permitting authority . • The annual compliance certification report is due annually on a date specif ied b y the permitting authority . • Deviation reports (frequency is defined by

permitting authority but at least every

six months)

.14 Historically , the Agency

has identified 116 permitting authorities for title V purposes. This number includes several governmental agencies that do not manage operating permits programs. In actuality , there are 112 permitting authorities acting within the United States . Forty- nine S tates operate as permitting authorities, with California employing 34 local air quality management organizations in lieu of a statewide permitting authority. Puerto Rico, the Virgin Islands, and Washin gton D.C. all have operating permits programs, and there are 26 county or regional permitting authorities within S tates that operate in a manner similar to that of California. As of September 2006, the Agency identified 16,643 sources subject to permitti ng under 40 CFR part 70, 16,441 of which have already received permits, representing a backlog of 202 sources. We consider sources who have not yet received initial permits to be in the backlog if the deadline for the permitting authority t o act on the application has passed and a permit has not been issued. Also, between September 2006 and June 2007, EPA estimates that 25 new sources will become subject to permitting, and that an additional 54 permits will be issued ( i.e., comprised of 25 new sources and 29 backlogged sources ). Thus, at the beginning of the period covered by this analy sis, EPA estimates there will be a source population of 16,668 sources, 16,495 issued permits, and a backlog of 173 permits. In addition, during the three ye ars of this I C R we assume that the backlog of initial permits will be reduced in equal amount each ye ar, eliminating the backlog by the end of the period of anal ys is. Also, 150 sources will become newl y subject to permitting during the period of the analy sis as a normal consequence of economic growth. Table 1 summarizes the number of permitting authorities and the number of permits to be issued during the period of this I CR renewal. In the original 1992 RIA and I CR for the Operating Permits Regulations, the Agency anticipated 34,324 sources would be required to obtain operating permits. Since that time, the Agency has offered additional regulatory relief to sources b y providing a vehicle through which sources defined as major based upon their potential to emit can, by contractually limiting operations, reduce their potential to emit to under the major source threshold (generall y 100 tons per year of a criteria pollutant, 25 tons of a mixture of HAPs, or 10 tons of a single HAP). The success of this "s ynthetic minor" p rogram can readil y be seen b y the significant drop (over 16,000 sources) in the number of affected major sources. 6 Estimating the Burden and Cost of the Collection

6.1 Estimating the Number of Respondents15 TA BLE 1 IDENTIFICA

TION OF AFFECTED ENTITIES AND PERMIT ISSUANCE SCHEDULE PERMITTING A UTHORITIES SOURCES State Permitting Authorities PLUS: California Local Authorities PLUS: Territories and Possessions PLUS: District of Columbia PLUS: Other Local PAs Total Permitting Authorities 49 34 2 1 26 112 Total Population of Part 70 Sources as of September 2006 Less: Sources Permitted Before September 2006 Less: Sources P ermitted September 2006 t hrough June 2007 Total Sources E xpected to Be Permitted through June 2007 Plus: Newl y Subjected Sources through June 2007 Sources re maining to Be Permitted as of Ju ly 2007 Percent of Sources Expected to Be Covered by General Permits Existing Sources Expected to Be Covered Less: Sources Covered through June 2007 Existing Sources Issued General Permits During this ICR Plus New Subject Sources During ICR Period (3 years) Total Permits to be Issued in Year 1 Less: New Sources Covere d by General Permits Single

- source Permits to be Issued in Year 1 Total Permits to be Issued in Year 2 Less: New Sources Covered by General Permits Single

- source Permits to be Issued in Year 2 Total Permits to be Issued in Year 2 Less: New Sources Covered by General Permits Single

- source Permits to Be Issued in Year 3 Total (single) Permits Expected to Be Issued During This ICR 16 , 441 54 16,495 25 16,643

173 16% 2 ,6 67 2 ,6 67 0 150 108 0 108 108 0 108 107 0 107 323 Another example of regulatory relief incorpo rated into the operating permits program is the general permit, which allows large numbers of homogenous major sources of pollution to receive the same permit. This program has been successful in allowing approximately 16% (more than 2,600 part 70 sources ) of all part 70 sources a cost

- effective alternative to single

- source permitting. Note that in prior anal ys es we estimated that 20% of sources would get g eneral permits , but data EPA has collected recentl y from permitting authorities supports revising this estimate downward to 16% for purposes of th e current analy sis. The EPA estimate s that by July 2007 (when the period of this ICR begins), the total population of part 70 sources will have grown to 16,668 and that 16% of these sources (2,667 sources) will have received general permits. Because general permits are ty pically relativel y eas y to issue, the Agency assumes that all existing sources eligible for general permits will have received them by June 2007 and that none of the 173 backlogged sources will be issued general permits during the three ye ars of this ICR. We further assume that none of the estimated 150 newl y subject sources will receive general permits during the period of this I CR.16 Data collected b y EPA suggests a renewal backlog of 8,552 permits as of September 2006. These permits will need to be renewed during the 3

- year ICR period in order to eliminate the backlog. Additional permits will become subject to renewal during the IC R period because their initial or previous renewal permits are expiring. Thus, the total amount of permits projected to be renewed during the IC R period is 11,668. EPA assumes that the total number of permits to be renewed in each year of the ICR will be 1/3 of the backlog plus whatever permits would normally come up for review because their permits are at the end of their 5

- year term, or 4,414 the first year, 3,710 the second year, and 3,544 the third year. This anal ys is also assumes that 84% of renewal permits will be issued as single

- source permits and 16% as g eneral permits, consistent with EPA ’s revised assumption. Also, EPA notes that the assumption of 8,552 permits in the renewal backlog is likely

overestimated. We are in the process of implementing a new tracking s ys tem that should provide better estimate s of this variable, but this system is not fully

operational at this time. Burden means the total time, effort, or financial resources expended b y 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 s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing info rmation; adjust the existing way s 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 tran smit or otherwise disclose the information. The Agency derived its estimates in Tables 2 and 3 from previous consultations with fewer than nine respondents from the regulated community

on the burdens and costs of the permit programs, data collected by EPA from permitting authorities on the numbers of permit s issued, renewed, and modified in the course of program administration, and based on our anal ys is of data submitted within the context of State and local permitting program evaluations

. For table 3, permitting authority burden by activity , we have made several changes since the last I CR renewal, including revising the burden for permit renewals and significant modifications from 60 hours per activity to 90 hours per activity

for both, and changing minor permit modification from 20 hours per activity to 30 hours per activity . These changes were made pursuant to consultation with NACCA to more accurately reflect the burdens of public notification, public comment, public hearing, and affected State review for these activities. The 6.2 Estimating Burden17 specific tasks included in each activity are in Section 4.2.2, above, and the worksheets in Attachment 2 of this I CR. Table 4 includes Federal burden estimates for each of the EPA activities discussed above in section 4.2.2. A change to this table since the last ICR renewal (also based on NACCA input), is the addition of a separate entry for EPA program oversight (e.g., formal EPA response to public petitions), as described in section 4.2.2, because of increased EPA efforts in this area in recent ye ars. Other activities in the table remain unchanged from the last ICR renewal.

TA BLE 2 AV ERAGE SOURCE BURDEN BY ACTIVITY AC TIVITY BURDEN PER SOURCE OR PERMIT (Hours) Prepare Application 300 Draft Permits Interaction 40 Gap

- fil ling Monitoring Development 40 Public Hearing Participation 10 Operate Gap

- filling Periodic Monitoring 200 Prepare Monitoring Reports 80 Permits Revisions S ignificant Permit Modifications (10% of Permits) Minor Permit Modifications (50% of Perm its) Administrative Amendments (50% of Permits) 80 40 8 Re

- application of General Permit 2 Permit Renewal 200 Other Activities 2018 TA BLE 3 PERMITTING A UTHORITY BURDEN BY ACTIVITY AC TIVITY BURDEN PER PERMIT OR PROGRAM (Hou rs) Program Administration 3,500 / PA Permit Application Review 100 / permit Draft Permits Preparation 150 / permit Comment Period Notification 10 / permit Hold Public Hearings 100 / hearing Interaction with EPA 20 / permit Analyze Public Comments 4 0 / permit Permits Issuance 8 / permit General Permits 80 / PA Permit Revision Significant Permit Modification Minor Permit Modification Administrative Amendment 9 0/ permit 3 0 / permit 5 / permit Permits Renewal 9 0 / permit Renew General Permi ts 10 / permit Review Monitoring and Compliance Certification Reports 5 / report / permit
Annual Enforcement Activity Reporting 40 / PA

TA BLE 4 EPA ACT IVITIES AC TIVITIES BURDEN HOURS PER PERMIT / PROGRAM Review Proposed Permits* New Permits Significant Permit Modifications Minor Permit Modifications 20 / permit 8 / revision 1 / revision Consultation New Permits (25%) Significant Permit Modifications (25%) Minor Permit Modifications (25%) 8 / permit 8 / permit 1 / permit Program Oversight 50 / program / year Review the Annual Enforcement Activity Reports 10 / report * Includes the burden for review of periodic monitoring19 Historically , the Agency

had assumed 70% of all source burden categories would be performe d in

- house, with the remaining 30% delegated to contractors. 3 However, this renewal incorporates the previous ICR reassessment of that assumption , which is based on allocation of contractor support for only

the initial permit application task. This analy sis assumes one - third of the source's initial permit application preparation would be performed b y contracted labor. The remainder of the source's tasks would be done entirel y in

- house. In the 2000 ICR renewal, EPA determined source wage rates based on data from the 1997 Statistical Abstract of the United States , adjusted to 1999 dollars using the Emplo yment Cost Index (ECI). The Agency estimated the total hourly

cost of in

- house labor using the wage rates for technical support staff (at full time), administrative staff (at one

- eleventh time), and administrative support staff (at one

- eighth time), adding in the costs for benefits, sick leave/vacation, and general overhead. The resulting hourl y cost was $32 per hour for in

- house labor. In the 2004 I CR renewal, EPA calculated an updated hourly cost for in

- house labor using the same methodology . At that time, the hourly cost was $34 per hour. For this I CR renewal, the Agency was unable to duplicate the methodology used in 2000 and 2004 because the Burea u of the Census has changed the data reported in the Statistical Abstract of the United States . Instead, EPA updated the hourl y cost for in

- house labor b y adjusting the 2004 value (in 2003 dollars) to 2006 dollars using the ECI for white

- collar workers in private industry

. This calculation resulted in an hourly cost of $38 for in

house labor as detailed below in Table 5.

3 United States Environmental Protection Agency, Regulatory Impact Analy sis and Regulatory

Flexibility

Act Screening for Operating Permits Regulations , EPA

- 450/2

- 91

- 011, June 1992, pp. 16

- 17. 6.3 Estimating Costs 6.3.1 Estimating Source Costs20 TA BLE 5 DETERMINA

TION OF SOURCE IN - HOUSE BURDEN COSTS

factor ECI ECI ECI Cost Cost 2006 2003 2005 2003 2006 *

* 

      


029

. 1 * 0

. 172 8

. 183 * / 40

. 34 $ hour  hour / 83

. 37 $  ECI 2003 and ECI 2005 from U.S. Census Bureau, Statistical Abstract of the United States, 2007 , Table 632 , Private industry workers, white

- collar occupations. Available at www.census.gov/compendia/statab/labor_force_employ ment_earnings/compensation_wages_and_earnings/ ECI 2006factor from U.S. Department of Labor, Bureau of Labor Statistics at www.bls.gov/new.release/eci.t05.htm . Index for September 2006 relative to December 2005 for private industry workers, white

- collar occupations excluding sales. For contracted labor, operating permit management and reporting require the same skills employed by the EPA's consultants. For the 2000 ICR, a s an estimation of a source's consulting costs, the Agency averaged the fully loaded cost of three environmental contractors at the PL2 (secretarial support), PL3 (technical), and PL4 (administration) levels, appl yi ng the methodology

employed below in Table 6 for establishing a Federal and PA FTE wage rate. The fully loaded hourl y cost calculated at that time for In dustry

- hired consultants is $ 268 (1999 dollars)

. Therefore, the hourly rate for preparing the initial permit application w as set at $ 111 for the 2000 ICR (1/3 of $ 268 plus 2/3 of $3 2 ). All other s ource tasks were estimated using the in

- house hourl y cost of $3 2 per hour. Because of the confidential nature of the values used to estimate contractor hourly costs, the exact methodology was not documented in the 2000 I CR. As a result, for the 2004 ICR renewal EPA used the ECIto update the hourly cost for pr eparing initial permit applications, calculating a value of $131 per hour. For the current ICR renewal, EPA has used the same approach. The Agency

used the methodology

detailed above in Table 5, except that we started with the value in 1999 dollars ($111 per hour) and used the ECI for 1999 (146.9) in place of the ECI for 2003. This resulted in an hourly cost for preparing an initial permit application of $143. All other source tasks are estimated at the in

- house hourl y cost of $38 per hour, as discussed above. Historically , the Agency

applied a $34 per hour rate for Federal and State full time employee (FTE) wage rates. During the development of the ICR for the part 71 Federal Operating Permit Regulations, the Agency was instructed by

the Office of General Council (OGC) to compute more accurate estimations of these hourl y costs. To determine the appropriate 6.3.2 Estimating PA and Agency Costs21 hourly wage to appl y to the burden estimation for each respondent , OGC instructed the Agency

to assume the appropriate FTE rate to appl y would be a GS

- 11 Step 3, fully

loaded to account for overhead, benefits, and all other appropriate costs. To fully incorporate the cost of that FTE's support staff and managerial costs, the Agency also assumed one

- eleventh of a manager's time (at a GS

- 13, Step 3 l evel), and one

- eighth of a secretary's time (at a GS

- 6, Step 6 level). Applying the same process for this IC R renewal , the Agency has determined the appropriate cost of Federal and permitting authority burden at $ 45 per hour. Table 6 displays the calculation of this rate.
TA BLE 6 DETERMINA

TION OF FEDERAL A ND PERMITTING A UTHORITY BURDEN COSTS Annual Salary of P ermit Staff, GS 11 Step 3 (FY 06 Schedule)* $49,269 .00 Annual Cost of Supervisory Staff, GS 13 S tep 3 (FY 06 Schedul e )* $70,220 .00 Factor (1/11) 0.09 $6,319.80 Annual Cost of Admin. Support Staff, GS 6 Step 6 (FY 06 Schedule)* $32,765 .00 Factor (1/8) 0.13 $4,259

. 45 Annual Applicable Salary of Permit Staff $59,848.25 Benefits (at 16%) $9,575.7 2 Sick Leave/Vacation (at 10%) $5,984.83 General Overhead $1 8,511.67 Total Cost Per FTE $93,920.47 Total Hourly Cost (Total Per FTE divided by 2,080 hours per year) $45 .1 5 * http://www.opm.gov/oca/06tables/html/gs.asp, January 4 , 2007 Table 7 lists the burden categories for respondent sources, the number of estimated occurrences for each item, and the expected cost for each, based on the burden estimations from Table 2. Table 8 lists the burden categories for respondent permitting authorities, the expected number of permits or programs involved, and the expected cost for each, based on the burden estimations from Table 3. Table 9 lists the burden categories for Federal (EPA) activities , the number of estimated permits or programs involved, and the expected cost for each, based on the burden estimations from Table 4.22 TA BLE 7 THE B URDEN A ND COST OF SOURCE ACTIVITIES FOR THE 3 - YEA R ICR PERIOD AC TIVITY BURDEN HOURS PER PERMIT RA TE PER HOUR AF FECTED PERMITS TOTA L

BURDEN (HOURS) TOTA L COST

($ 2006 ) Prepare Application 300 $1 43 150 45,000 $ 6,435,000 Draft Permit 40 $3 8 323 12,92 0 $ 4 90, 960 Gap Filling Monitoring Development 40 $3 8 1 62 6, 480 $ 2 46,240 Public Hearing Participation 10 $3 8 6 60 $ 2,280 Operate Gap Filling Monitoring Year 1 Year 2 Year 3 200 $3 8 8,248 8,302 8, 356 1,649 ,600 1,660,4 00 1,671,2 00 4,981,2 00 $62,684, 800

$63,095,200 $63,505,600 $1 89,285,600 Prepare Monitoring Reports Year 1 Year 2 Year 3 80 $3 8 16,495 16,603 1 6,711 1,319,6 00 1,328,240 1,336,8 80 3,984,72 0 $50,144,800

$50,473,120 $ 50,801,440 $1 51,419,360 Permit Revisions Signif icant Permit Modification Year 1 Year 2 Year 3 Minor Permit Modifications Year 1 Year 2 Year 3 Administrative Amendments Year 1 Year 2 Year 3 80

40

8 $3 8 1,383 1,394 1,404 4,181 6 ,914 6,968 7,022 20,904 6, 914 6,968 7,022 20,904 110,64 0 111,520 112,320 334,480 276,560 278,720 280,880 836,160 55,312 55,744 56,176 1 67,232 $4,2 04,320

$4,237,760 $4,268,160 $12,710,240 $ 10,509,280 $10,591,360 $10, 673,440 $31 ,774,080 $2,101,856 $2,118,272 $ 2,134,688 $ 6 ,354,816 General Permit Renewal 2 $3 8 1, 867 3, 734 $ 141,892 Permit Renewal 200 $3 8 9,801 1,960,2 00 $ 74,487,600 Other Activities 20 $3 8 9,801 196,02 0 $ 7,448,760 T otals 12,52 8,206 $ 4 80 , 7 96,82823 TA BLE 8 THE BURDEN A ND COST OF PERMITTING A UTHORITY ACTIVITIES FOR THE 3 -YEA R ICR PERIOD AC TIVITY Burden Hours per Permit Af

fected Permits or Programs Total Burden (Hours) Total Cost ($ 2006 ) Program Administration 3,500 112 programs 1,176,000 $ 52,920,00 0 Permit Application Review 100 150 15,000 $ 675,000 Draft Permit Preparation 150 323 4 8,450 $ 2, 180,250 Comment Period Notification 10 323 3,230 $ 1 45,350 Public Hearing 100 6 600 $ 27,000 Interaction with EPA 20 323 6,460 $ 2 90,700 Analyzing Public Comm ents 40 6 240 $ 10,800 Permit Issuance 8 323 2, 584 $ 1 16 , 28 0 General Permits Administration 80 112 programs 26,880 $ 1,209,600 Permit Revisions Significant Year 1 Year 2 Year 3 9 0 1,383 1,394 1,404 4, 18 1 124,470 125,460 126,360 376,290 $ 1 6,933,050 Minor Year 1 Year 2 Year 3 3 0 6,914 6,968 7, 0 22 20, 9 04 207,420 209,040 210,660 627,120 $ 28,220,400 Administrative Yea r 1 Year 2 Year 3 5 6,914 6, 968 7, 0 22 20,904 34,570 34,840 35,110 104,520 1,107,930 $4,703,400 $ 49,856,850 Permit Renewals 9 0 9,801 882,090 $ 39,694,050 Review General Permits 10 1 ,867 1 8,670 $ 840,150 Review Monitoring and Compliance Certification Reports Year 1 Year 2 Year 3 1 5

1 5 1 5 16,495

16,603 1 6,711 247,425 249,045 2 50,665 747,135 $ 11,134,125 $11,207,025 $ 11,279,925 $ 33,621,075 Annual Enforcement Activity Reporting 4 0 112 programs 13,4 40 $ 604,800 Totals 4,048,709 $ 1 82,191,90524 TA BLE 9 THE BURDEN A ND COST OF EPA AC TIVITIES FOR THE 3 -YEA R ICR PERIOD AC TIVITY Burden Hours Af fected Permits or Programs Total Burden (Hours) Total Cost ($ 2006 ) Review Permits and Revisions New Permits Renewals Significant Permit Revisions Year 1 Year 2 Year 3

Minor Permit Revi sions Year 1 Year 2 Year 3 20

20 8

1 81

490 1, 383 1,3 94 1,4 04 4,181 6,914 6,968 7, 0 22 20,904 1,620 9,800 11,064 11,152 11 , 232 3 3,448 6,914 6,968 7,0 22 20, 9 04 $ 72,900 $ 441,000 $497,880 $501,840 $ 505 ,440 $1, 50 5,160 $311,130 $313,560 $ 315, 990 $ 94 0,680

Consult with PA New Permits Significant Permit Revisions Year 1 Year 2 Year 3

Minor Permit Revisions Year 1 Year 2 Year 3 8

8

1 81 346 348 351 1,045 1,729 1,742 1,755 5, 2 26 648 2,768 2,784 2,808 8,360 1,729 1,742 1,755 5,226 $ 2 9,160 $124,560 $125,280 $1 26,360 $376,200 $77,805 $78,390 $ 78,975 $ 235, 170
Program Oversight 50 112 programs 16,800 $756,000 Review the Annual Report 10 112 3,360 $ 151,200 Totals 100,1 66 $ 4,507,470 Tables 2, 3, and 4 display the activities of the part 70 program for sources, permittin g authorities, and Federal government (EPA) , respectively . T able 5 explains the derivation of the hourl y cost of in

- house labor for sources, and Table 6 gives the derivation of hourly costs for permitting authorities and EPA. Tables 7 , 8 , and 9 display the total burden and costs associated with eac h of these categories. Table 10 below summarizes the costs for all three types of affected entities in 2006 dollars. 6.3.3 Bottom Line Burden Hours and Costs25 TA BLE 10 BOTTOM LINE BURDEN AND COST (2007 -2010) Number of Af fected Entities Total ICR (3 -

Year) Burden Hour Av erage An nual

Burden Per Respondent Av erage An nual

Burden Per Source Total ICR (3 -

Year) Cost ($ 2006 ) Av erage An nual

Cost Per Respondent ($ 2006 ) Av erage

An nual Cost Per Source

Sources 1 6,818 12,528,206 2 48 2 48 $ 4 80 , 796 , 828 $ 9, 529 $ 9, 529 PA s 112 4,048,709 1 2,050 8 0 $1 82,191,905 $4 52,238 $ 3, 611 Federal 1 100,166 33,389 2 $4,507,470 $1, 502,490 $ 89 Total 1 6 ,677,081 NA NA $6 67,496,203 NA NA

Table 10 displays the expected burden and cost for sources, permitting authorities, and th e Federal government for implementation of the title V Operating Perm its Program between July 2007 and June 2010. Of the 16. 7 million hours the Agency anticipates it will take to perform all the functions required b y title V, about 3 /4 of the burden appli es to sources. However, the magnitude of the total expected burden can be misleading, due to the number of permitted sources. For the 16,818 sources included in this anal ys is, the average expected burden is relativel y small

– just over 6 weeks of a full time employee's time. Likewise, the cost associated with that b urden is also small

- about $ 9 , 5 00. Permitting authorities incur about 2 4 p ercent of the burden in Table 10 , with the total burden spread between a significantl y smaller number of entities th an for sources. On average, the Agency estimates the PA burden associated with the title V Operating Permits Program will be about 12 ,000 hours per ye ar. However, for some permitting authorities with relativel y fewer sources (Connecticut, Wyoming , etc.), this average burden will exceed their actual burden; and, for permitting authorities with more than the average number of sources (Louisiana, Texas, etc.) , the average burden will be too low. A better measure of the effect of title V regulations on permi tting authorities would be to divide the total estimated hours by the number of operating permits. On average, each PA can expect to spend about 8 0 hours per ye ar managing and overseeing each permit in it s jurisdiction , at a cost of approximately $ 3 , 6 00 p er permit. However, this cost cannot be considered an Unfunded Mandate from the Federal government, because the net cost to permitting authorities for their management of an operating permits program must, by law, be passed on to sources in the form of pe rmit fees of sufficient magnitude to full y offset all permit management costs. Therefore, the true annual cost to permitting26 authorities under title V is zero, and the true annual cost to sources is $221 million , or approximately $ 13 , 1 00 per permit. Th e part 70 program has been evolving since its inception, beginning with promulgation of the part 70 regulations in 1992. Consequently , the activities associated with i mplementing the part 70 program have changed since the previous I CR. State and local perm itting authorities first developed their programs and submitted them to EPA for approval. This activity occurred over several ye ars during which approved programs were beginning to be implemented by

first having sources submit permit applications. As the l ater program submissions were being approved, some agencies were in the early stages of issuing permits. As of the beginning of this I CR, all programs are approved and essentiall y all permit applications have been submitted to the permitting authorities. With the experience gained through program implementation, EPA and permitting authorities have a better sense of the activities associated with the program and the burden of those activities. The activities in this I CR have been developed based on this kn owledge. The burden (in hours) in this I CR can be accuratel y compare d to the approved burden levels in its predecessor on an activity

- by

- activity basis , since these burdens are independent of changes in the wage rates used to compute the costs for each ac tivity . The approved burden level in the previous ICR was 4.0 million hours per ye ar for sources , 1. 1 million burden hours per ye ar for permitting authorities, and 28 thousand hours for Federal oversight; for a total of 5.1 million hours. Table 1 1 compare s the burden in the previous ICR with the burden in this I CR. The change in burden is an increase from the previous I CR due primarily to changes in levels of program activities that have occurred as a result of evolution of the program and secondaril y due to changes in burden estimates for permitting authorities and EPA . These changes would be considered " adjustments

. " For permitting authorities, there is a slight overall increase in burden during the 3

- ye ar period of this ICR . The burden for program development and review of initial permit applications for existing sources has ended because these activities have largely been completed. However, these reductions are more than offset by activities that will increase , such as preparation of renewal permit s (including responding to objections), processing of permit revisions, and review of semi

- annual monitoring and annual compliance reports. 6.4 Changes in the Burden27 TA BLE 1 1 BURDEN CHA NGE FROM NOVEMBER 2004 ICR TO CURRENT ICR

Av erage An nual Burden in November 2004 ICR Av erage An nual Burden in ICR Renewal Difference

Sources 3,978,858 4,176,069 197,211 PA s 1,130,690 1, 349,570 218,880 Federal 28,294 33,389 5,095 TOTA L 5,137,842 5, 559,028 421,186 The primary

reason hourly

burden has increased for sources during this ICR period is because , as initial permits are approaching expiration, sources will be preparing applications for renewal permits. In addition, in this analy sis , we are using a lower, more accurate estimate of the number of general versus single

- source permits (16% a s compared to 20% assumed for past ICRs). In addition, an increase in the overall number of sources with permits result s in a corresponding increase in monitoring activities , in permit revisions, and in preparing and submitting semi

- annual monitoring rep orts and the annual compliance certification report. As previously

noted, it is impractical to attempt to delineate burden by respondent and activity

due to the large number of respondents, the variation in the circumstances for each respondent, and the varied nature of the activities of the program. Following in Table 12 is the apportioned burden for each ty

pe of respondent. This is derived from the total permitting authority hourl y burden divided by the number of permitting authorities, and similarly for sources.

TA BLE 1 2 BURDEN STA

TEMENT Number of Respondents Total A nnual

Burden Av erage An nual

Burden per Respondent Av erage An nual

Burden per Source Source 16,818 4,176,069 248 248 PA s 112 1, 349,570 12,050 80 Federal 1 33,389 33.389 2 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 utiliz e technology and s ys tems for the purposes of collecting, validating, and verifying information, processing 6.5 Burden Statement28 and maintaining information, and disclosing and providing information; adjust the existing way s 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 currentl y valid OMB control number. The OMB control numbers for EPA's regulations 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 I CR under Docket ID Number EPA

- HQ

- OAR

- 2004

- 0015 , which is available for online viewing at www.regulations.gov , or in person viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Ro om 3334 , 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holiday s. The telephone number for the Reading Room is (202) 566

- 1744, and the t elephone number for the Air and Radiation Docket and Information Center is (202) 566

- 1742 . An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing o f the contents of the public docket, and to access those documents in the public docket that are available electronically . When in the sy stem, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office o f In formation 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

- 0015 and OMB Control Number 2060

- 0243 in any corres pondence.29 ATTACHMENT 1 ASSUMPTIONS FOR PART 70 ICR RENEWAL30 ASSUMPTIONS TIME PERIOD OF ICR The time period covered by this ICR is July 1 , 2007 to June 3 0 , 2010 SOURCE POPULATION 1. Total population of title V sources as of September 2006 = 16,643 o An additional 25 sources will be added to the program by July 2007

. o Source populations at the beginning of IC R will be 16,643 + 25 = 16,668 o This I CR projects that 50 additional sources will become subject to title V each ye ar increasing the population as follows: 2. Source population at the end of June 2008 = 16,668 + 50 = 16,718 3. S ource population at the end of June 2009 = 16,718 + 50 = 16,7 68 4. S ource population at the end of June 2010 = 16,768 + 50 = 16,818 INITIAL PERMIT ISSUANCE BACKLOG 5. The total backlog of existing sources that had not received their initial permits was 202 sources as of September 2006 (16,643 minus 16,441 permits issu ed). 6. Assume that all backlogged initial permits will be issued between September 2006 and June 2010

. o Between September 2006 and July 2007 (when this I CR begins), an estimated 29 backlogged initial permits will be issued. o Thus, over the period of this IC R, 173 backlogged permits will remain to be issued. o Assume that 58 backlogged permits will be issued during the first year of the ICR, 58 in the second year, and 57 in the third year. GENERAL PERMITS 7. Assume by July 2007 , 16 % of all sources ( 2,667 ) w ill be covered b y general permits. This is because general permits are usuall y the first to be issued and, therefore, it is appropriate to assume that all existing sources eli g ible for general permits would be covered b y the beginning of the ICR period. 8. Assume that none of the backlogged permits or permits for newl y subject sources issued during the period of this I CR will be general permits

.31 9. Assume 16 % of all expired permits ( 11,668 ) will be renewed as general permits ( 1,867 ) NEW SOURCES EPA estim ates there will be approximately 50 new major sources nationwide appl yi ng for a title V permit each year during the term of this ICR (150 total for the 3 years of this ICR). For this I CR, it is assumed these permits will be is sued equally during the three ye ars of this I CR (i.e., 50 permits per year)

. SINGLE
- SOURCE, INITIAL PERMITS ISSUANCE RATE ACCOUNTING FOR GENERAL PERMITS AND NEW SOURCES 10. Single

- source permits ( i.e., not general permits) which will be subject to the full permit issuance process

o 1 73 existing (i.e., backlogged) sources will be issued single

- source permits during the period of th e ICR ( 58 in year 1 , 58 in year 2, and 57 in year 3 ) o 150 single

- source permits issued to new sources in ye ars 1, 2, & 3 of the IC R ( 50 per year) 11. Summary

of single

- source initial permit issuance by year o Year 1

- 10 8 permits o Year 2

- 108 permits o Year 3

- 107 permi ts PERMIT REVISION RATES 12. Sources covered b y general permits will not apply for permit revisions 13. 1 6,441 sources were covere d by permits as of Septemb er 2006 14. An additional 54 sources will be issued permits between September 2006 and July 2007 15. 2,667 sources or 16 % of the source population will be covered under general permits by July 2007 (i.e. , all backlogged existing sources will need s ingle

- source permits) 16. Number of single

- source permits issued by the beginning of this I CR (i.e. , Jul y 2007 ) for which permit revisions may be made during year 1 of this I CR: o 16, 495 per

mits were issued by Jul y 2007 o 2,667 sources are covered by general permits by Jul y 2007 o 16,495

– 2,667 = 13,828 single

- sourc e permits issued by Jul y 2007 17. Single

- source permits issued as of beginning of year 2 (i.e. , through June 2008 ) of this I CR (for which permit revision may be made during ye ar 2) is32 1 0 8 issue d duri ng ye ar 1 plus the 13,8 28 already i ssued = 13, 9 36 single

source permits 18. Single

- source permits issued as of beginn ing of year 3 (i.e. , through June 2009 ) of this I CR ( for which permit revision may be made during ye ar 3) is 108 issu ed during ye ar 2 plus the 13,9 36 already i ssued = 14,0 44 single

source permits 19. Summary : o Permits for which revisions may be made during year 1

– 13,8 28 o Permits for which revisions will be made during year 2

– 13,9 36 o Permits for which revisions wil l be made during year 3

- 1 4,0 44

PERMIT RENEWAL 20. Data indicate that there was a permit renewal backlog of 8,552 permits as of September 2006

. 21. Assume that these backlogged renewals will be issued during the period of this I CR (2,851 in year 1, 2,851 in year 2, and 2,850 in year 3)

. 22. An additional 1,563 permits will become due for renewal during year 1 of this I CR. Thus, a total of 4,414 permits will be renewed during the first ICR year (1,563 newl y due plus 2,581 backlogged renewals). A ssume 16 % or 706 ( 0.16 * 4,414) sources c overed b y general permits , leaving 3,708 single

- source permit renewals during ye ar 1 of this I CR. 23. An additional 859 sources will be newl y up for renewal between July 2008 and June 2009 . With 2,851 backlog ged sources, there will be a total of 3,710 renewals in year 2 . Assume 16 % or 594 are sources covered b y general permits , leaving 3,116 single

- source permit renewals during ye ar 2 of this I CR. 24. An additional 694 sources will be newl y up for renewal between July 2009 and June 2010 . With 2,850 backlog ged sources, there will be a total of 3,544 renewals in year 3 . Assume 16% or 567 are sources covered b y general perm its , leaving 2,977 single

- source permit renewals during ye ar 3 of this I CR. 25. Summary : o 4,414 + 3,710 + 3,544 = 11,668 total sources covered b y renewal permits of which 0.16 * 11,668 = 1, 867 are general permits o 11,668

- 1,867 = 9,801 single

- source permits which will have to be renewed during this I CR period ( 3,708 in year 1, 3,116 in year 2, and 2,977 in year 3)33 SOURCES REPORTING MONITORING AND COMPLIANCE STATUS All sources with issued permits (including those covered by general permits) will report monitoring data semi

- annuall y and compliance certifications annually . Sources with issued permits are as follows: 26. 16,49 5 sources will be covere d by issued permits at the beginning of this ICR and will be submitting reports during ye ar 1 of this I CR. 27. 108 additional sources will be covered b y permits issued in year 1. 108 + 16, 49 5 sources already covered b y permits = 16, 603 sources that will be c overed b y permits by the beginning of year 2 and will be submitting reports during ye ar 2. 28. 108 additional sources will be covered b y permits issued in year 2. 108 + 16, 603 sources already covered b y permits = 16,711 sources that will be covered b y permits by

the beginning of year 3 and will be submitting reports during ye ar 3. SYNTHETIC MINOR PERMITS All sy nthetic minor permits had been issued prior to Jul y 2007 so no burden is included during the term of this I CR. PERMIT APPLICATIONS During the peri od of this ICR, it is assumed 150 new sources will submit applications for initial title V permits.

SUMMARY OF TABLE OF ASSUMPTIONS ITEM NUMBER COMMENTS Number of sources subject to part 70 1 6,668 At the beginning of this ICR ( Jul y 2007) Number of sources already issued permits at the beginning of this ICR 16, 49 5 (1 3,8 28 single

source ) 2,6 67 sources covered b y

general permits Number of backlogged permits for existing sources 173 Single

- source permits to be issued for all; 1/3 per ye ar34 ITEM NUMBER COMMENTS Number of s ources which wil l become subject to part 70 during this I CR 150 50 each ye ar

Sources issued permits in ye ar 1 of this ICR 108 ( all single

- source) Single

- source permits for 58 existing sources and 50 new sources Sources issued permits in ye ar 2 of this I CR 108 ( all single

- source) Single

- source permits for 58 existing sources and 50 new sources Sources issued permits in ye ar 3 of this ICR 107 ( all single

- source) Single

- source permits for 57 existing sources and 50 new sources Total issued permits during this ICR 323 ( all single

- source) 10 8 single

- source permits in year 1, 10 8 single

source permits in year 2, 107 single

- source permits in year 3 Total issued permits I CR Years: N/A All are single

- source permits o Year 1 13,8 28 Single

- source permits issued at beginning of IC R o Year 2 13,9 36 13,8 28 already issued plus 108 single

- source permits issued in year 1 o Year 3 14,0 44 13,9 36 already issued plus 108 single

- source permits issued in year 2 Permits subject to renewal: N/A 11,668 total including 8,55 2 sources in backlog o Year 1 4,414 3,708 si ngle & 706 general o Year 2 3,710 3,116 single & 594 general o Year 3 3,544 2,977 single & 5 67 general Applications for initial permits submitted during this I CR 150 150 new sources35 ITEM NUMBER COMMENTS Sources submitting semi

annual monitoring and annual compliance certification reports N/A From all sources, including those covered under general permits o Year 1 16,495 o Year 2 16,603 o Year 3 16,711 General Permits Subject to Renewal 1,867 16 % of all ( 11,688 ) general p ermits36 ATTACHMENT 2 WORKSHEETS FOR BURDEN ESTIMATES37 WORKSHEETS The EPA contacted respondents from the regulated community and EPA Regional Offices to obtain information to be used as the basis for calculating burden hour estimates for implementing the part 70 regulations. The respondents are listed in section 3.3. Tables 1, 2, and 3 below are the worksheets used for calculating burden estimates. TABLE 1 PERMITTING AUTHORITY ACTIVITIES ACTIVITY BURDEN PER INDIVIDUAL PERMIT OR PROGRAM COMMENT S* TOTAL PROGRAM BURDEN FOR 3 YEARS Program administration: Responding to inquiries about the program, developing internal and external program guidance, planning, attending program training, permit fee collection, providing source training, attending E PA meetings and conferences, providing public education, and other program related activities. 3,500 hrs. per agency 112 agencies 392,000 hrs. per year 1,176,000 for 3 years of ICR

Reviewing a permit application, including discussions with a source concer ning the permit application. 100 hrs./permit Assume 150 new sources will submit permit applications nationwide 15,000 for 3 years

of ICR

Preparing a draft permit, including contact with the source. 150 hrs./permit 323 permits issued during 3

- year ICR time period 4 8,450 for 3 years

of ICR
Providing notice to the public, EPA, and affected States of the comment period on a draft permit. 10 hrs./permit 323 draft permits during ICR time period 3,23 0 for 3 years

of ICR38 ACTIVITY BURDEN PER INDIVIDUAL PERMIT OR PROGRAM COMMENT S* TOTAL PROGRAM BURDEN FOR 3 YEARS Holding a public hearing on a permit. 100 hrs./hearing Assume a hearing for 1 in 50 of the 323 new single

source permits (i.e., 6 hearings) 600 for 3 years of

ICR

Interaction with EPA on a proposed permit, including negotiations, re

- drafting, and formal EPA objections (including those attributab le to public petitions). 20 hrs./permit 323 proposed permits during ICR time period 6,460 for 3 years

of ICR

Analyzing public comments and revising the permit accordingly 40 hrs./permit Assume comments on 1 in 5 0 permits (i.e., 6 permits) 24 0 for 3 years of

ICR
Issuing the permit, including web activities and source notification. 8 hrs./permit 323 new permits issued during ICR time period 2,584 for 3 years

of ICR
Administering general permits (Burden for issuing general permits included with other permit issuance burden) 80 hrs. per agency per year 112 agencies 8,960 hrs. per year 26,880 for 3 years of ICR
Revising a permit. N/A Number of issued single

source permits: year 1

- 13,828; year 2

- 13,936 ; year 3

- 14, 044 N/A

• Significant (1 out of every 10 issued permits per year) 9 0 hrs. each Signifi cant permit modifications: 1,383

- yr 1; 1,394

- yr 2; 1,404

- yr 3 Hours:

124,470

- yr 1 125,460

- yr 2 126,360

- yr 3 376,290 for 3 years of ICR39 ACTIVITY BURDEN PER INDIVIDUAL PERMIT OR PROGRAM COMMENT S* TOTAL PROGRAM BURDEN FOR 3 YEARS • Minor (1 out of every 2 issued permits per year) 3 0 h rs. each M inor permit modifications: 6,9 14

- yr 1; 6,9 68

- yr 2; 7,0 22

- yr 3 Hours: 207,42 0

-

yr 1 , 209,040

- yr 2 , 210,660

- yr 3 , 627,120 for 3 years of ICR • Administrative (1 out of every 2 issued permits per year) 5 hrs. each Administrative amendmen ts: 6,9 14

- yr 1; 6,9 68

- yr 2; 7,0 22

- yr 3 Hours: 34, 570

- yr

1 , 34,840

- yr 2 , 35,110

- yr 3 , 10 4,520 for 3 years of ICR Renewing a single

- source permit (reviewing application, drafting any changes, public notice, issuance). 9 0 hrs./permit rene wal 9,801 renewals

during ICR term 882,090 for 3

years of ICR
Renewing a general permit 10 hrs./general permit renewal 1,867 general

permit renewals 18,670 for 3 years

of ICR Reviewing two semiannual monitoring reports, and the annual compliance certific ation. 15 hrs./permit (5 hrs. each) All permits:

year 1

- 16,495; year 2

- 16,603 ; year 3

– 1 6,711 Hours: 247,425

-

yr. 1 , 2 49,045

- yr. 2 , 250,665

- yr. 3 , 747,135 for 3 years of ICR Preparing and submitting to EPA annually a report of the State’s enfo rcement activities. 40 hrs./agency 112 agencies 4,480 hrs. per year , 13,440 for 3 years of ICR *See the Assumptions in Attachment 1 for the derivation of some of these numbers. TOTAL BURDEN HOURS FOR PERMI TTING AUTHORITIES: 4,048,709 hours for 3 ye ars/3 = 1, 349,570 hours per year40 TABLE 2 SOURCE ACTIVITIES ACTIVITY BURDEN PER SOURCE COMMENTS* TOTAL PROGRAM BURDEN FOR 3 YEARS Preparing a permit application, including internal meetings, permitting authority discussions, management and legal department management and legal department certification, contractor services. 300 hrs. Assume 150 permit applications during 3 years of ICR 45,000 for 3 years of

ICR

Interaction with the permitting authority on draft permit development. 40 hrs. Assume 323 new single

- source permits issued during 3 years of ICR 1 2,920 for 3 years of

ICR

Development of periodic monitoring gap - filling. 40 hrs. per source Assume gap

-filling f or 50% of 323 single

- source permits issued du ring 3 years of ICR (i.e., 162 ) 6, 48 0 for 3 years of

ICR

Public hearing participation 10 hrs. (1 in 50 single

- source permits get hearing) 323 sing le

- source

permits du ring ICR period, 1 in 50 = 6 sources 60 for 3 years of ICR

Operation of gap

-filling periodic monitoring (annual burden to operat e monitors, keep records, etc.). 200 hrs. per year Assume gap

-filling for 50% of all permits: 8,248

- yr. 1 8,302

- yr. 2 8,356

- yr. 3 Hours: 1,6 49,600

-

yr. 1 , 1,660,4 00

- yr. 2 , 1,671,200

- yr 3 , 4,981,200 for 3 years of ICR41 ACTIVITY BURDEN PER SOURCE COMMENTS* TOTAL PROGRAM BURDEN FOR 3 YEARS Preparing semi

- annual mo nitoring data reports, including data analysis, responsible official certification, and report submission (annual burden for both reports). Include preparing and submitting annual compliance certification. 80 hrs. per year All issued permits: 16,495

- yr. 1 16,603

- yr. 2 16,711

- yr. 3 Hours: 1, 319.600

-

yr. 1 , 1,328,240

- yr. 2 , 1,336,880

- yr. 3 , 3,984,720 for 3 years of ICR

Preparing application for permit revisions • Significant permit modifications (1 out of every 10 single

- source permits per yea r) 80 hrs. each Significant permit revisions: 1,383

- yr 1 1,394

- yr 2 1,404

- yr 3 Hours: 110, 64 0

- yr.

1 , 111, 52 0

- yr. 2 , 112,320

- yr. 3 , 3 34, 48 0 for 3 years of ICR • Minor permit modifications (1 out of every 2 single

- source permits p er year) 40 hrs. each M inor permit modifications: 6,914

- yr. 1 6,968

- yr. 2 7,022

- yr. 3 Hours: 2 7 6,560

- yr.

1 , 278,72 0

- yr. 2 , 280,88 0

- yr. 3 , 836,16 0 for 3 years of ICR • Administrative amendments (1 out of every 2 single

- source permits per year) 8 hrs. each Administrative amendments: 6,914

- yr. 1 6,968

- yr. 2 7,022

- yr. 3 Hours: 55,312

- yr. 1 ,

55,744

- yr. 2 , 56,176

- yr. 3 , 167,232 for 3 years of ICR Preparing an application for single

source permit renewal 200 hrs. 9 ,801 renewals during ICR term 1, 960,200 for 3 years

of ICR Re

- applying for coverage under a general permit 2 hrs. 1, 867 sources 3, 734 for 3 years of ICR42 ACTIVITY BURDEN PER SOURCE COMMENTS* TOTAL PROGRAM BURDEN FOR 3 YEARS Other activities associated with permit renewal, including discussions with permitting authority and public hearing participation. 20 hrs. 9,801 renewals during ICR term 196,020 for 3 years

of ICR

*See the Assumptions in Attachment 1 for the derivation of some of these numbers. TOTAL BURDEN HOURS FOR SOURCES: 1 2,528,206 hours for 3 years/3 = 4,176,069 h ours per year

PROGRAM TOTAL 4,048,709 hours (permitting authorities) + 12,52 8,206 hours (sources) = 1 6,576,915 total hours for 3 ye ars 1 6,576,915 total hours/3 = 5, 525,638 hours per ye ar for permitting authorities and sources to implement the part 70 p rogram.43 TABLE 3 EPA ACTIVITIES ACTIVITY BURDEN PER

INDIVIDUAL PERMIT OR PROGRAM COMMENTS TOTAL PROGRAM BURDEN FOR 3 YEARS Review proposed permits and permit revisions to determine if th ey provide for compliance with all applicable requirements. N/A N/A N/A

• New permits 20 hrs. per new

permit Review 25% of 323

permits issued during I CR term (81 permits) 1, 62 0 for 3 years

of ICR

• Significant permit revision 8 hrs. per revision Review a ll Revisions: 1, 383

- yr. 1 1,394

- yr. 2 1,404

- yr. 3 Hours: 1 1,064

- yr.

1 , 1 1,152

- yr. 2 , 11, 232

- yr. 3 , 33,448 for 3 years of ICR • Minor permit revision 1 hr. per revision Review all. Revisions: 6, 914

- yr. 1 6,968

- yr. 2 7,0 22

- yr. 3 Hours: 6, 914

- yr.

1 , 6,968

- yr. 2 , 7,022

- yr. 3 , 20, 904 for 3 years of ICR Review periodic monitoring provisions of proposed permits or permit revisions to see if they are adequate to demonstrate compliance with applicable req uirements. N/A Burden included above in review of permits and revisions. N/A44 ACTIVITY BURDEN PER

INDIVIDUAL PERMIT OR PROGRAM COMMENTS TOTAL PROGRAM BURDEN FOR 3 YEARS Consult with the permitting authority on any problems detected in the proposed permit or permit revision. N/A N/A N/A

• New permits 8 hrs. per new

permit Consult on 25%.

323 per mits issued during ICR term (81 ) 6 48 hours of ICR

• Significant permit modifications 8 hrs. per revision Consult on 25%. Sig. mods: 1, 383

- yr. 1(34 6 ) 1,3 94

- yr. 2 (3 48 ) 1,404

- yr. 3 (3 51 ) Hours: 2, 7 68

- yr.

1 , 2, 784

- yr. 2 , 2, 808

- yr. 3 , 8,36 0 for 3 years of ICR • Minor permit modifications 1 hr. per revision Consult on 25%. Minor mods: 6,914

- yr. 1(1,729) 6,968

- yr. 2 (1,74 2) 7,022

- yr. 3 ( 1755 ) Hours: 1, 729

- yr.

1 , 1, 742

- yr. 2 , 1,755

- yr. 3 , 5,226 for 3 years of ICR Program oversight 50 hrs. per

program per year 112 agencies Hours: 5,600 per year, 16,800 for 3 years of ICR Review the annual report of enforcement activities. 10 hrs. per report 112 agencies 3,360 for 3 years of ICR

TOTAL F OR EPA: 100, 166 hours for 3 ye ars/3 = 33,389 hours per ye ar45 ATTACHMENT 3 TITLE V OF THE CLEAN AIR ACT, THE STATUTORY REQUIREMENTS FOR

THE RESPONDENT INFORMATION46

SEC. 502. PERMIT PROGRAMS (a) V iolations.

- After the effective date of any p ermit program approved or promulgated under this title, it shall be unlawful for any person to violate any

requirement of a permit issued under this title, or to operate an affected source (as provided in title IV), a major source, any other s ource (including an area source) subject to standards or regulations under section 111 or 112, any o ther source required to have a permit under parts C or D of title I, o r any o ther stationary

s ource in a category

d esignated (in whole or i n part) by

r egulations promulgated by the A dministrator (after notice and public comment) which shall include a finding setting forth the basis for such designation, except in compliance with a permit issued by a p ermitting authority

under this title. (No thing in this subsection shall be construed to alter the applicable requirements of this Act that a permit be obtained before construction or modification.) The Administrator may , in the Administrator's discretion and consistent with the applicable provis ions of this Act, promulgate regulations to exempt one or more source categories (in whole or in part) from the requirements of this subsection if the Administrator finds that compliance with such requirements is impracticable, infeasible, or unnecessarily burdensome on such categories, except that the Administrator may not exempt any

major source from such requirements. (b) Regulations.

- The Administrator shall promulgate within 12 months after the date of the enactment of the Clean Air Act Amendments o f 1990 regulations establishing the minimum elements of a permit program t o be administered by any air pollution control agency . These elements shall include each of the following: (1) Requirements for permit applications, including a standard applicati on form and criteria for determining in a timel y fashion the completeness of applications. (2) Monitoring and reporting requirements. (3)(A) A requirement under State or local law or interstate compact that the owner or operator of all sources subject to the requirement to obtain a permit under this title pay an annual fee, or the equivalent over some other period, sufficient to co ver all reasonable (direct and indirect) costs required to develop and administer the permit progr am requirements of this ti tle, including section 507, including the reasonable costs of

- (i) reviewing and acting upon any application for such a permit, (ii) i f the owner or operator receives a permit for such source, whether before or after the d ate of the enactment of the Clean Air Act Amendments of 1990, implementing and enforcing the terms and conditions of any s uch permit (not including any c ourt costs or other costs associated with any enforcement action), (iii) emissions and ambient monitoring, (iv) preparing gen erall y applicable regulations, or guidance, (v) modeling, anal ys es, and demonstrations, and (vi) preparing inventories and tracking emissions. (B) The total amount of fees collected by the permitting authority

s hall conform to the following requirements: (i) The Administrator shall not approve a program as meeting the requirements of this p aragraph unless the State demonstrates that, except as otherwise provided in subparagraphs (ii) through (v) of this s ubparagraph, the program will result in the collection, in the aggregate, f rom all sources subject to subparagraph (A), of an amount47

not less than $25 per ton of each regulated pollutant, or such other amount as the Administrator may

d etermine adequatel y r eflects the reasonable costs of the permi t program. (ii) A s used in this subparagraph, the term "regulated pollutant" shall mean (I) a volatile organic compound; (II) each pollutant regulated under section 111 or 112; and (III) each p ollutant for which a national primary ambient air quality

s t andard has been promulgated (except that carbon monoxide shall be excluded from this reference). (iii) Ind etermining the amount under clause (i), the permitting authority i s not required to include any amount of regulated pollutant emitted by any s ourc e in excess of 4,000 tons per year of that regulated pollutant. (iv) The requirements of clause (i) shall not apply i f the permitting authority demonstrates that collecting an amount less than the amount specified under clause (i) will meet the requirements of subparagraph (A). (v) The fee calculated under clause (i) shall be increas ed (consistent with the need to cover the reasonable costs authorized by subparagraph (A)) in each ye ar beginning after the ye ar of the enactment of the Clean Air Act Amendm ents of 1990 by th e percentage, if any , by which the Consumer Price Index for the most recent calendar year endin g before the beginning of such ye ar exceeds the Consumer Price In dex for the calendar year 1989. For purposes of this clause

- (I) the Consumer Price Index for any c alendar ye ar is the average of the Consumer Price Index for all

- urban consumers published by the Department of Labor, as of the close of the 12

- month period ending on August 31 of each calendar ye ar, and (II) the revision of the Consumer Price In dex which is most consistent with the Consumer Price Index for calendar ye ar 1989 shall be used. (C)(i) I f the Administrator determines, under subsection (d), that the fee provisions of the operating permit program do not meet the requirements of this paragraph, or if the Administrator makes a determination, under subsection (i), that the permitting authority is not adequatel y administering or enforcing an approved fee program, the Administrator may , in addition to taking any other actio n authorized under this title, collect reasonable fees from the sources identified under subparagraph (A). Such fees shall be designed solely t o cover the Administrator's costs of administering the provisions of the permit program promulgated b y the Admin istrator. (ii) Any source that fails to pay f ees lawfully

i mposed by

the Administrator under this subparagraph shall pay a p enalty of 50 percent of the fee amount, plus interest on the fee amount computed in accordance with section 6621(a)(2) of the Inter nal Revenue Code of 1986 (relating to computation of interest on underpay ment of Federal taxes). (iii) Any f ees, penalties, and interest collected under this subparagraph shall be deposited in a special fund in the United States Treasury f or licensing an d other services, which thereafter shall be available for appropriation, to remain available until expended, subject to appropriation, to carry out the Agency's activities for which the fees were col lected. Any fee required to be collected by a State, local, or interstate agency under this subsection shall be utilized solely t o cover all reasonable (direct and indirect) costs required to support the permit program as set forth in subparagraph (A). (4) Requirements for adequate personnel and funding to administer the program. (5) A requirement that the permitting authority have adequate authority

to:48 (A) i ssue permits and assure compliance by all sources required to have a permit under this title with each applicable standard, regulation or requirement under this Act; (B) issue permits for a fixed term, not to exceed 5 years; (C) a ssure that upon issuance or renewal permits incorporate emission limitations and other requirements in an applicable implementation plan; (D) terminate, modify , or rev oke and reissue permits for cause; (E) enforce permits, permit fee requirements, and the requirement to obtain a permit, i ncluding authority t o recover civil penalties in a maximum amount of not less than $10,000 per day

for each violation, and provide appropriate criminal penalties; and (F) assure that no permit will be issued if the Administrator objects to its issuance in a timely

manner under this title. (6) A dequate, streamlined, and reasonable procedures for expeditiously determining when appli cations are complete, for processing such applications, for public notice, including o ffering an opportunity f or public comment and a hearing, and for expeditious review of permit actions, including applications, renewals, or revisions, and including an opportunity

f or judicial review in State court of the final permit action by the applicant, any person who participated in the public comment process, and any other person who could obtain judicial review of that action under applicable law. (7) T o ensure against unreasonable delay b y the permitting authority, adequate authority and procedures to provide that a failure of such permitting authority t o act on a permit a pplication or permit renewal application (in accordance with the time periods specified in section 503 or, as appropriate, title IV) shall be treated as a final permit action solely f or purposes of obtaining judicial review in State court of an action brought by any person referred to in paragraph (6) to require that action be taken by the permitting authority on such application without additional delay

. (8) Authority , and reasonable procedures consistent with the need for expeditious action b y the permitting authority on permit applications and related matters, to make available to the p ublic any p ermit application, compliance plan, permit, and monitoring or compliance report under section 503(e), subject to the provisions of section 114(c) of this Act. (9) Arequirement that the permitting authority , in the case of permits with a term of 3 or more years for major sources, shall require revisions to the permit to incorporate applicable standards and regulations promulgated under this Act after th e issuance of such permit. Such revisions shall occur as expeditiously a s practicable and con sistent with the procedures established under paragraph (6) but not later than 18 months after the promulgation of such standards and regulations. No such revision shall be required if the effective date of the standards or regulations is a date after the expiration of the permit term. Such permit revision shall be treated as a permit renewal if it complies with the requirements of this title regarding renewals. (10) Provisions to allow changes within a permitted facility ( or one operating pursuant to section 503(d)) without requiring a permit revision, if the changes are not modifications under any p rovision of title I and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of to tal emissions: Provided, That the facility p rovides the Administrator and the permitting authority w ith written notification in advance of the proposed changes which shall be a49

minimum of 7 day s, unless the permitting a uthority p rovides in its regulation s a different time frame for emergencies. (c) S ingle Permit.

- A single permit may b e issued for a facility with multiple sources. (d) S ubmission and Approval.

- (1) Not later than 3 years after the date of the enactment o f the Clean Air Act Amendments of 1990, the Governor of each State shall develop and submit to the Administrator a permit program under State or local law or under an interstate compact meeting the requirements of this title. In addition, the Governor shall submit a legal opinion from the attorney general (or the attorney f or those State air pollution control agencies that have independent legal counsel), or from the chief legal officer of an interstate agency , that the laws of the State, locality , or the interstate compact provide adequate authority t o carry o ut the program. Not later than 1 ye ar after receiving a program, and after notice and opportunity f or public comment, the Administrator shall approve or disapprove such program, in whole or in part. The Administrator may

a pprove a program to the extent that the program meets the requirements of this Act, including the regulations issued under subsection (b). If the program is disapproved, in whole or in part, the Administrator shall notify the Governor of any revisions or modific ations necessary t o obtain approval. The Governor shall revise and resubmit the program for review under this section within 180 days after receiving notification. (2)(A) I f the Governor does not submit a program as required under paragraph (1) or if the Administrator disapproves a program submitted by the Governor under paragraph (1), in whole or in part, the Administrator may , prior to the expiration of the 18

- month period referred to in subparagraph (B), in the Administrator's discretion, apply any o f the sanctions specified in section 179(b). (B) If the Governor does not submit a program as required under paragraph (1), or if the A dministrator disapproves any such program submitted by the Governor under paragraph (1), in whole or in part, 18 months after the date required for such submittal or the date of such disapproval, as the case may b e, the Administrator shall apply s anctions under section 179(b) in the same manner and subject to the same deadlines and other conditions as are applicable in th e c ase of a determination, disapproval, or finding under section 179(a). (C) The sanctions under section 179(b)(2) shall not apply p ursuant to this paragraph in any

area unless the failure to submit or the disapproval referred to in subparagraph (A) or (B) relates to an air pollutant for which such area has been designated a nonattainment area (as defined in part D of title I). (3) I f a program meeting the requirements of this title has not been approved in whole for any State, the Administrator shal l, 2 ye ars after the date required for submission of such a program under paragraph (1), promulgate, administer, and enforce a program under this title for that State. (e) S uspension.

- The Administrator shall suspend the issuance of permits promptly u pon publication of notice of approval of a permit program under this section, but may , in such notice, retain jurisdiction over permits that have been federall y issued, but for which the administrative or judicial review process is not complete. The Administrator shall continue to administer and enforce federall y issued permits under this50

title until they

are replaced by

a p ermit issued by a permitting program. Nothing in this subsection should be construed to limit the Administrator's ability t o enforce perm its issued by a State. (f) P rohibition.

- No partial permit program shall be approved unless, at a minimum, it applies, and ensures compliance with, this title and each of the following: (1) All requirements established under title IV applicable to "af fected sources." (2) A ll requirements established under section 112 applic able to "major sources", "area sources," and "new sources." (3) A ll requirements of title I (other than section 112) app licable to sources required to have a permit under this title. Approval of a partial program shall not relieve the State of its obligation to submit a complete program, nor from the application of any sanctions under this Act for failure to submit an approvable permit program. (g) Interim Approval.

- If a progr am (including a partial permit program) submitted under this title substantially m eets the requirements of this title, but is not fully approvable, the Administrator may b y rule grant the program interim approval. Inthe notice of final rulemaking, the Adm inistrator shall specify the changes that must be made before the program can receive full approval. An interim approval under this subsection shall expire on a date set by the Administrator not later than 2 years after such approval, and may n ot be renewe d. For the period of any such interim app roval, the provisions of subsection (d)(2), and the obligation of the A dministrator to promulgate a program under this title for the State pursuant to subsection (d)(3), shall be suspended. Such provisions and such obligation of the Administrator shall apply a fter the expiration of such interim approval. (h) E ffective Date.

- The effective date of a permit program, or partial or interim program, approved under this title, shall be the effective date of approval by the Administrator. The effective date of a permit program, or partial permit program, promulgated b y the Administrator shall be the date of promulgation. (i) A dministration and Enforcement.

- (1) Whenever the Administrator makes a determination that a permitting authority i s not adequatel y administering and enforcing a program, or portion thereof, in accordance with the requirements of this title, the Administrator shall provide notice to the State and may , prior to the expiration of the 18

- month peri od referred to in paragraph (2), in the Administrator's discretion, apply any o f the sanctions specified in section 179(b). (2) Whenever the Administrator makes a determination that a permitting authority is not adequately

administering and enforcing a program, or portion thereof, in accordance with the requirements of this title, 18 months after the date of the notice under paragraph (1), the A dministrator shall apply the sanctions under section 179(b) in the same manner and subject to the same deadlin es and other conditions as are applicable in the case of a determination, disapproval, or finding under section 179(a). (3) The sanctions under section 179(b)(2) shall not apply p ursuant to this subsection in any area unless the failure to adequately enforce and administer the program relates to an air pollutant for which such area has been designated a nonattainment area. (4) Whenever the Administrator has made a finding under paragraph (1) with respect to any State, unless the State has corrected su ch deficiency w ithin 18 months after the date of such finding, the Administrator shall, 2 ye ars after the date of such finding,51

promulgate, administer, and enforce a program under this title for that State. Nothing in thi s paragraph shall be construed to a ffect the validity o f a program which has been approved under this title or the authority of any permitting authority acting under such program until such time as such program is promulgated by the Administrator under this paragraph. [42 U.S.C. 7661a] SE C. 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.

- (1) The regulations required by s ection 502(b) shall include a requirement that the applicant submit with the permit application a compliance plan describing how the source will comply w ith 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 frequentl y than every 6 months. (2) The regulations shall further require the permittee to periodicall y (but no less frequentl y than annually) certify that the facility is in compliance with any a pplicable requirements of the permit, and to promptly r eport 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 app roved or promulgated under this title, or such earlier date as the permitting authority m ay establish, submit to the permitting authority a c ompliance plan and an application for a permit signed by

a responsible official, who shall certify the accuracy

o f 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 ye ar 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 s uch authority

annually o ver a period of not to exceed 3 ye ars after such effective date. Such authority s hall 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 APPLI CATIONS.

- 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 h ave a permit shall not be a violation of this Act, unless the delay i n final action was due to the failure of the applicant timely t o submit52

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 cop y of each permit application, compliance plan (including the schedule of compliance), emi ssions 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 s ubmit such information separatel y. The requirements of section 114(c) shall apply t o such information. The contents of a permit shall not be entitled to protection under section 114(c). SEC. 504. PERMIT REQUIREMEN TS AND CONDITIONS. (a) CONDIT IONS.

- 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 t o assure compliance with applicable requirements of this Act, including the requirements of the applicable implementation plan. (b) MONITORING AND ANALYSIS.

- The A dministrator may b y rule prescribe procedures and methods for determining compliance and for monitoring and analy sis of pollutants regulated under this Act, but continuous emissions monitoring need not be required if alternative methods are available that provide sufficiently reliable and timel y 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 REPORTI

NG.

- 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 p ermit issued to a corporation under this title shall be signed by a responsible corporate official, who shall certify its accuracy

. §70.5(c) S

tandard applications form and required information

. The State program under this part shall provide for a standard application form or forms. In formation as described below for each emissions unit at a part 70 source shall be included in the application. The Administrator may

a pprove 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 n ot omit information needed to determine the applicability o f, 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 application53

forms that best meet program needs and administrative efficiency

. The forms and attachments chosen, however, shall include the elements specified below: (1) I dentifying information, including company name and address (or plant name and address if different from the company n ame), owner's name and agent, and telephone number and names of plant site manager/contact. (2 ) Ad escription of the source's processes and products (b y Standard Industrial Classification Code) including any associated alternative scenario identified by the source. (3) The following emission related information: (i) A ll 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, ex cept 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 t o collect any permit fees owed under the fee schedule approved pursuant to §70.9(b) of this part. (ii) I dentification 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 t o 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) I dentification and description of air pollution control equipment and compliance monitoring devices or activities. (vi) Limitations on source operation affecting emissions or any w ork practice standards, where applicable, for all regulated pollutants at the part 70 source. (vii) O ther information required by any a pplicable requirement (including information related to stack height limitations developed pursuant to section 123 of the Act.) (viii) C alculations 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 requi rements, and (ii) D escription of or reference to any a pplicable test method for determining compliance with each applicable requirement. (5) O ther specific information that may b e necessary

t o implement and enforce other applicable requirements of the Act or of this part or to determine the applicability o f such requirements. (6) An explanation of any proposed exemptions from otherwise applicable requirements. (7) A dditional information as determined to be necessary b y the permitting authority t o de fine 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 cont ains all the following:54 (i) Ad escription of the compliance status of the source with respect to all applicable requirements. (ii) A description as follows: (A) F or 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) F or 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) F or applicable requirements with which the source is in compli ance, 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 th at the source will meet in a timely m anner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required b y the applicable requirement. (C) As chedule of complianc e 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 whi ch 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 frequentl y than every 6 m onths 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 a ffected source, except as specifically

s uperseded by

regulations promulgated under title IVo f 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 comp liance certification, including the following: (i) Ac ertification 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) As tatement of methods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods; (iii) As chedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually , or more frequently if specified by the underl yi ng applicable requirement or b y the permitting authority ; and (iv) As tatement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act.55 (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 certif ication 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 b elief formed after reasonable inquiry , the statements and information in the document are true, accurate, and complete.56 ATTACHMENT 4 ANALYSIS OF PART 70 STATE PROGRAM EVALUATIONS FOR ICR

RENEWAL PURPOSES (1587.07 )57 Background

 Representative sample of S tate Evaluation s selected (below) for review.
 List of State/local agencies reviewed is similar to list of S tates that initially responded to survey s for earlier I CRs. o Previous I CR estimates based on responses from: New Jersey , West Virginia, Mississippi, San Joaquin, Illinois, Vermont, Alabama, Day ton Ohio, Wisconsin. o Audit analy sis based on same list , except for Day ton, Ohio and San Joaquin, where audits are not available for review. o State of Ohio was substituted for Day ton, Ohio because Day

ton is a fi e ld office of the Ohio program, not a separate program.
 State program evaluations not designed primarily for ICR purposes

– designed for programs oversight purposes instead

– thus, results only partiall y appropriate for ICR purposes.
 State evaluations report s did not ty picall y address totals burdens hours or costs for individual activities, sources or States, nor did they address average burden hours or average costs per permit, per source, or per permitting authority

.  Data for IC R renewal also provided by EP A’s internal TOPS part 70 tracking sy stem

– a s ys tem where EPA Region al offices provide tracking data on a 6

- month basis for each approved part 70 program (some 3

- month data also available for historical purposes). o TOPS data not summarized below, but independently included in assumptions included in ICR (i.e., source universe subject to permitting, number of initial permits issued, number of renewal permits issued, Number of significant modification issued, number of general permits (also interpreted as number of sources subject to general permitting).
 Since the last I CR renewal (30 months ago), the Title V Taskforce under the Clean Act Advisory

Committee has undertaken a review of the title V program (this was mentioned briefl y in the current ICR, section 3,3). This effort resulted in a list of recommendations for changes to policy and rulemakings to make the programs amore effective, but no data useful for ICR renewal purposes was generated.
 For the record, the previous I CR assumed the following: o General permits are 1/5 of the total. o Public notification occurs for every draft permit. o Public comments cause draft permits to be revised 10% of the time. o Public hearings are held for 2% of permits. o Gap

- filling monitoring (or recordkeeping which serves the same purpose) is required in 1⁄2 of permits, including general permits. o Significant permit revisions occur in 1/10 of issued single permits (does not include general permits) on an annual basis (30% over 3 years) o Minor permit modifications occur in 1⁄2 of singl e permits each ye ar (150% of permits over 3 ye ars)58 o Administrative amendments occurs in 1⁄2 of single permits each ye ar (150% of permits over 3 ye ars) o Permit renewals occur roughl y at the same rate as the initial permits expire and that any backlog of renewal s is reduced over the 3

- year period of the ICR. o Applying for a permit renewal is about 1/2 the burden of appl yi ng for an initial permit, while for States, permit renewals are about 1/3 the burden of initial permits. o 100% of compliance reports reviewed b y S tates. Note that all of these State programs have been effective, with at least interim approval , which allow ed them to begin issuing permits, for over 10 years at present

. Results of Evaluations

 No major changes to assumptions for I CR renewal supported by this review

– information within evaluation reports generall y consistent with past EPA assumptions.
 The State evaluations generall y lack quantitative data, but they provide general support that the assumptions of the I CR are a directionally correct ass essment of the frequency

that certain activities occur.
 One minor change is in the number of sources that are expected to get regulatory relief through the use of general permits. The evaluations are not convincing on this point but tracking data shows th at 16% of permits are general permits.
 Another minor change is in the percentage of public comments that lead to changes to the draft permits. The evaluations suggests that such changes are rare, consistent with the frequency that public hearings occur, s ince the standard for changing the permit and for holding a public hearing are similar. Thus, we are changing the frequency

for finalizing drafts permit with public comment to 2% from 10% within the burden estimates for permitting authorities. State Sum ma ries New Jersey (410 Permits) 1. No General permits 2. “ Perform Gap

- filling exercise on every permit” (didn’t answer question directly) 3. Public comments on less than 2 % of draft p ermits, all changed in response 4. Public hearing requested occasion all y, public att endance low 5. Significant modifications: 1

- 2 % (TOPS shows 46 over life of program) 6. Minor Modifications: 90 % (TOPS only addresses significant modifications) 7. Admin Amendments : 10 % 8. Revi ew 100 % of compliance reports 9. Renewals easier to process because application s fo cus on changes at sources since permit issued. Renewals not a high priority at this time59

West Virginia (171 Permits) 1. 1 general permit (certain units at natural gas compressor facilities), 26 sources fully implemented (13% of sources) 2. “Some sort” of g ap - filling recordkeeping or monitoring in “most, if not all permits.” (Didn’t say

how many

units in these permits had such M&R). Experience is causing NSR permits to be written better , so that less gap

- filing will be necessary

in title V permits in future 3. Public c omments are “rare,” or“0 to 3 %, ” and change due to comments occur similarly 4. No Public hearings have ever been held 5. 191 modifications to date (over life of program) 6. Significant Modifications: 11 % (TOPS shows 0 over life of program) 7. Minor Modifications: 30.9 % 8. Admin Am en dments : 46.1 % 9. Renewals easier to process, but we have onl y processed a few (Did not elaborate further) 10. Review 100 % of compliance reports Mississippi (317 Permits) 1. No general permits . Will consider general permits for MACT area sourc e s not exempted fro m Title V 2. Said in “some cases” gap - filling has lead to new control devices. Also, did not specify how often gap

- filling recordkeeping or monitoring added other than to say that they did so when the underlying standards are inadequate 3. H as not received many public comments, most on high profile sources on Gulf Coast. Also said comments during public comment period are “rare ” 4. Did not specify

that any public hearin gs have occurred 5. 384 revisions during life of program 6. Significant Modificati ons: 85 out of 384 or 22% (TOPS say s 138) 7. Minor Mo difications: 24 out of 384 or 6 % 8. Admin Amendments : 33 out of 384 or 9% also they said 502(B)(10) changes were 242 out of 384 or 63% (these are similar in burden to admin

. amendments because no public proce ss required) 9. Renewals not easier to

- date, but streamlined renewal applications com ing, so may be easier in future 10. Rev iew 100 % of compliance reports Alabama (251 Permits) 1. No general permits issued 2. Periodic monitoring added for “most units subject to a regulation that do not contain und erl yi ng monitoring requirements ” 3. Public comments: Said they have not received many

and that most were not relevant to title V60 4. Did not state that any hearings had ever been held, only stated that they have procedures in place to hold hearings 5. TOPS say s 54 significant revisions to date (no response to these questions in audit) 6. Renewals easier than initial issuance because of staff experience 7. Review 100 % of compliance reports Vermont (20 permits) 1. No general permits 2. They said they have added monitoring wh en necessary , but not how often 3. Public comments very few, perhaps 5% (1 comment) 4. State has had 1 public hearing 5. S ignificant Modifications: 55.3 % (TOPS say s 6 over life of program) 6. Minor Modifications: 20 % 7. Admin Amendments : 26. 7 % 8. Renewals easier to process, application much better, review focuses on changes and CAM 9. Review 100 % of compliance reports Wisconsin (148 Permits) 1. General permits for n on - metallic minerals processing plants , small heating units, hospital sterilizers, and printing presses; about 5% of sources 2. They say they have add ed monitoring but not how often 3. Public comments on 10% of permits, 5% change due to comment 4. Did not say

how often public hearings held 5. Significant Modifications: 80% (TOPS say s 136 life of program) 6. Minor Modifications: 5 % 7. Admin Amendments : 15% 8. Ju st plainly

said easier to renew 9. Review 100 % of compliance reports Illinois (728 Permits) 1. No general permits 2. No universal approach as to when gap

- filing added. Much recordkeeping added but monitoring only

typi cally for utility

sources; monitoring may be added for other source categories based on case - by

- case determination 3. Public comments on 5

- 7% of draft permits; most result in chang es to the permit to some extent 4. Did not specify

has often public hearin gs have occurred. EPA notes that State’s w ebsite for public hearing did not contain any public hearing records for title V p ermits within the last 6 months 5. Significant Modifications: 15 % (TOPS say s 41) 6. Minor Modifications: 40 % 7. Admin Amendments : 45%61 8. Renewals easier because most requirements already established in permits, requirements do not typically need to change , and renewal application much more complete than applications for initial permits 9. Review 100 % of compliance reports Ohio (755 Permits) 1. No general permits 2. “ Gap

- filling as appropriate based on regulations and DAPC Engineering Guide #65 ” . Also said “routinely” added to permits 3. Public comments on less than 5% of draft permits; chang es due to comments less than 1% 4. 8 public hearings have occurred during life of program 5. Significant Modifications: 10 % (TOPS say s 18) 6. Minor Modifications: 4 % 7. Admin Amendments : 86% 8. Very much easier because just updating what already done 9. Review 100 % of compliance reports62 ATTACHMENT 5 FEBRUARY 9 , 2007 FEDERAL REGISTER NOTICE (7 2 FR 6233)63 ENVIRONMENTAL PROTECTION AGENCY [EPA

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–0016; FRL

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–3] Agency Information Collection Activities; Proposed Collections; Comment Request; Part 70 Operating Permit Regulations, EPA ICR No. 1587.07, O MB Control No. 2060

–0243; Part 71 Federal Operating Permit Regulations, EPA ICR No. 1713.06, OMB Control No. 2060

–0336 AGENCY : Environmental Protection Agency (EPA). ACTION : Notice. SUMMARY : In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3 501 et seq. ), this document announces that EPA is planning to submit a request to renew two existing approved Information Collection Requests (ICRs) to the Office of Management and Budget (OMB). These ICRs are scheduled to expire on March 31, 2007. Before submitting these ICRs to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES : Comments must be submitted on or before April 10, 2007. ADDRESSES : Submit your comments, identified by Docket ID No. EPA

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– 0016 (part 71 ICR), by one of the following methods:  http://www.regulations.gov: Follow the on

- line instructions for submitting comments.  Fax: (202) 566

– 7944.  Mail: U. S. Environmental Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket Information Center, 1200 Pennsylvania Avenue, NW., Mail Code 2822T, Washington, DC 20460.  Hand Delivery: EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are accepted only during the Docket’s normal hours of operation

— 8:30 a.m. to 4:30 p.m., Monday through Friday. Special arrangements should be made for deliveries of boxed information. Instructions: Direct yo ur comments to Docket ID No. EPA

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– 0016. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise to be p rotected through www.regulations.gov or e - mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means we will not know your identity or contact information unless you provide it in the b ody of your comment. If you send an e

mail comment directly to us without going through www.regulations.gov , your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, we recommend that you include your name and other contact information in the body of your comment and with any disk or CD

–ROM you submit. If EPA cannot read your comment due to technical difficulties and cann ot contact you for clarification, we may not be able to consider your comment. Electronic files should avoid the use of special characters or any form of encryption and be free of any defects or viruses. For additional information about the EPA public docket visit the EP A Docket Center homepage at http://www.epa.gov/epahome/ dockets.htm. FOR FURTHER INFORMATION CONTACT : Jeff Herring, Office of Air Quality Planning and Standards, Air Quality Policy Division (C504

– 05), U.S. Environmental Protection Agency, Res earch Triangle Park, NC 27711; telephone number: (919) 541

– 3195; fax number: (919) 541

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- mail address: herring.jeff@epa.gov. SUPPLEMENTARY INFORMATION : How Can I Access the Docket and/or Submit Comments? The EPA has established public dockets for the se ICRs under Docket ID Nos. EPA

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–0016 (part 71 ICR) which are available for online viewing at http://www.regulations.gov , or in person viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the reading room is (202) 566

– 1744, and the telephone number for the Air and Radiation Docket is (202) 566

– 1742. Use www.regulations.gov to obtain a copy of the draft collections 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. Once in the system, select ‘‘search,’’ then key in the docket ID numbers identified in this document. What Information Particularly Interests EPA?64 Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and prov ide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES

. 7. To ensure proper receipt by EPA, be sure to identify the docket ID numbers assigned to these actions in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation. To What Information Collection Activity or ICR Does This Apply? Docket ID Nos. EPA

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–0016 (part 71 ICR). Affected entities: Entities potentially affected by this action are those which must apply for and obtain an operating permit under title V of the Clean Air Act (Act). These, in general, include sources which are defined as ‘‘major’’ under any title of the Act. Titles: Part 70 Operating Permit Regulations; Part 71 Federal Operating Permit Regulations. ICR numbers: For the part 70 regulations, EPA ICR No. 1587.07 and OMB Control No. 2060

– 0243. For the part 71 regulations, EPA ICR No. 1713.05 and OMB Control No. 2060

–0336. ICR status: These ICRs are currently scheduled to expire on March 31, 2007. 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 O MB 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: Title V of the Act requires States to develop and implement a program for issuing operating permits to all sources that fall under any Act definition of ‘‘major’’ and certain other non

- major sources that are subject to Federal air quality regulations. The Act further requires EPA to develop regulations that establish the minimum requirements for those State operating permits programs, to oversee implementation of the State programs, and to operate a Federal operating permits program in areas not subject to an approved State program. The EPA regulations setting forth requirements for the State operating permits programs are at part 70, title 40, chapter I of the Code of Federal Regulations. These are referred to as the ‘‘Part 70 Operating Permit Regulations,’’ which are the subject of one of the ICRs addressed in this notice. The EPA regulations for the Federal operating permits program are at part 71, title 40, chapter I of the Code of Federal Regulations. These are referred to as the ‘‘Part 71 Federal Operating Permit Regulations,’’ which are the subject of the second ICR address ed in this notice. The part 71 program is being implemented for sources located in Indian country, Outer Continental Shelf sources, and in areas that do not have part 70 programs. In implementing title V of the Act and EPA’s part 70 operating permits regulations, State and local permitting agencies must develop programs and submit them to EPA for approval (section 502(d)), and sources subject to the program must develop operating permit applications and submit them to the permitting authority within 1 year after program approval (section 503). Permitting authorities will then issue permits (section 503(c)) and thereafter enforce, revise, and renew those permits at no more than 5

–year intervals (section 502(d)). Permit applications and proposed permits will be provided to, and are subject to review by, EPA (section 505(a)). All information submitted by a source and the issued permit shall also be available for public review except for confidential information which will be protected from disclosure (section 5 03(e)). Sources will semi

- annually submit compliance monitoring reports to the permitting authorities (section 504(a)). The EPA has the responsibility to oversee implementation of the program and to administer a Federal operating permits program in the event a program is not approved for a State (section 502(d)(3)) or if EPA determines the permitting authority is not adequately administering its approved program (section 502(i)(4)). The activities to carry out these tasks are considered mandatory and necess ary for implementation of title V and the proper operation of the operating permits program. This notice provides updated burden estimates from previously approved ICRs. Burden Statement: The annual public reporting and recordkeeping burden for the part 70 collection of information65 is estimated to average 248 hours per permitted source, and the annual burden for permitting authorities to administer a part 70 program is estimated to average 10,179 hours. The annual public reporting and recordkeeping burden f or the part 71 collection of information is estimated to average 221 hours per permitted source. Are There Changes in the Estimates From the Last Approval? There is an increase of 206 thousand hours in the part 70 total estimated respondent annual burden c ompared with that identified in the ICR currently approved by OMB. This increase in part 70 burden for sources and permitting authorities is an adjustment due to changes in burden estimates, primarily an increase in permit renewal activities. These changes in burden are not program changes, as no federal mandates, including the part 70 and part 71 regulations, have changed in any way that would affect these ICRs since the last ICR updates. For the part 71 program, there is a decrease of 22 thousand hours in the total estimated annual burden compared with that identified in the ICR currently approved by OMB. This burden reduction is also an adjustment, due to changes in assumptions, primarily due to a reduction in expected EPA oversight activities for delegated part 71 programs. What Is the Next Step in the Process for This ICR? The EPA will consider the comments received and amend the ICRs as appropriate. The final ICR packages will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICRs to OMB and the opportunity to submit additional comments to OMB. If you have any questions about these ICRs or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT

. Dated: January 31, 2007. Jenny Noonan Edmonds, Acting Director, Office of Air Quality Planning and Standards. [FR Doc. E7

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