### DRAFT SUPPORTING STATEMENT FOR STANDARD FORM 83 - 1 REPORTING AND RECORDKEEPING REQUIREMENTS

FOR THE COLLECTION REQUEST FOR THE CLEAN AIR ACT TRIBAL AUTHORITY

TABLE OF CONTENTS 1. Identification of the Information Collection 1(a) Title of Information Collec tion 1(b) Short Characterization/Abstract 2. Need for and use of the Collection 2(a) Need/Authorit y for the Collection 2(b) Practical Utility Users of the Data 3. Non duplication, Consultations, and Other Collection Criteria 3(a) Non
- duplication 3(b) Public Notice Required Prior to I CR Submission to OMB 3(c) Consultations 3 (d) Effects of Less Frequent Collection 3(e) General Guidelines 3(f) Confidentiality 3(g) Sensitive Questions 4. The Respondents and the I nformation Requested 4(a) Re spondents/SI C Codes 4(b) In formation Requested (i) Data items, including record keeping requirements (ii) Respondent Activities 5. The Information Collected - Agency Activities, Collection Methodology, and Information Management 5(a) Agency

Activities 5(b) Collec tion Methodology and Information Management 5(c) Small Entity

Flexibility 5(d) Collection Schedule

### DRAFT

6. Estimating The Burden and Cost of the Collaboration 6(a) Estimating Respondent Burden 6(b) Estimating Respondent Cost s (i) Estimating Labor Costs (ii) Estimati ng Capital and Operation and Maintenance Costs (iii) Capital/Start

- up Operating and Maintenance (O&M) Costs (iv) Annualizing Capital Costs 6(c) Estimating the Agency Burden 6(d) Estimating the Respondent Universe and Total Burden and Costs 6(e) Bottom L ine Burden Hours and Cost Tables (i) Respondent Talley (ii) The Agency

Talley (iii) Variations in the Annual Bottom L ine 6(f) Reasons for Change in Burden 6(g) Burden Statement

### DRAFT

SUPPORTING STATEMENT FOR STANDARD FORM 83 - 1

REPORTING AND RECORDKEEPING REQUIREMENTS

FOR THE COLL ECTION REQUEST FOR THE CLEAN AIR ACT TRIBAL AUTHORITY PART A OF THE SUPPORTING STATEMENT 1. ID ENTIFICATION OF THE INFORMATION COLLECTION 1(a) Title of Information Collection Reporting and Recordkeeping Requirements for Clean Air Act Tribal Authority (4 0 CFR part 35, subpart B; parts 9, 49, 50 and 81). This In formation Collection Request (ICR) Number is 1676.06 . The OMB control number is 2060

- 0306 . This is a renewal ICR is for implementing Section 301(d) of the Clean Air Act. 1(b) Short Characteriz ation/Abstract The purpose of this ICR is to estimate the burden associated with the regulation governing the treatment of Indian tribes in the same manner as states as authorized in Section 301 (d) of the Clean Air Act. The reporting burden is a one

- ti me application for authorization to adopt Clean Air Act programs through regional program offices. This Information Collection Request (ICR) seeks authorization for tribes to demonstrate their eligibility

to be treated in the same manner as states under the Clean Air Act (CAA) and to submit applications to implement a CAA program. This I CR extends the collection period of information for determining eligibility , which expires May 31, 2011 . The ICR also is revising the estimates of burden costs for tribe s in completing a CAA application. The program regulation provides for Indian tribes, if they so choose, to assume responsibility

for the development and implementation of CAA programs. The regulation, Indian Tribes: Air Quality Planning and Management (Tribal Authorit y Rule [TAR] 40 CFR parts 9, 35, 49, 50 and 81), sets forth how tribes may seek authority

to implement their own air quality planning and management programs. The rule establishes: 1) which CAA provisions Indian tribes may

seek authority

t o implement, 2) what requirements the tribes must meet when seeking such authorization, and 3) what Federal financial assistance may be available to help tribes establish and manage their air quality programs. The TAR provides tribes the authority to admin ister air quality

programs over all air resources, including non

- Indian owned fee lands, within the exterior boundaries of a reservation and other areas over which the tribe can demonstrate jurisdiction. An Indian tribe that takes responsibility for a CAA program would essentially

be treated in the same way a state would be treated for that program. The TAR adopts EPA’s “streamlined” eligibility review and approval process for tribes to implement CAA programs. The ICR was prepared according to the guidan ce contained in the Office of Information Collection (OI C) December 1996 ICR Handbook. This handbook is the Agency ’s most current guidance document for preparing an ICR and follows the provisions

### DRAFT

of the Paperwork Reduction Act (4 U.S.C. section 1320) and the Office of Management and Budget (OMB) guidelines.

2. NEED FOR AND USE OF THE COLLECTION 2(a) Need/Authorit y for the Collection Implementation of regulations includes a collection of information by EPA from Indian tribes for purposes of determining if a tribe is qualified for delegation of the CAA Program. Section 114 of the CAA is the authority for the collection of information. Section 301(d) of the Clean Air Act (CAA) directs the Administrator of the Environmental Protection Agency (EPA) to promu lgate regulations specifyingthose provisions of the Act which are appropriate for treating tribes in the same manner as states. The regulations, which were approved in 1998, give tribes the opportunity , if they choose, to carry out virtually

all Clean Ai r Act (CAA) programs. The rule authorizes eligible tribes to implement CAA programs over all air resources within the exterior boundaries of their reservations, including non

- Indian owned fee lands, or other areas within the tribes’ jurisdiction. This I C R requests clearance for tribes to appl y for authority to administer CAA programs. 2(b) Practical Utility Users of the Data EPA uses the submitted information to determine if the tribe meets the statutory criteria under CAA Section 301 (d) and is quali fied for program delegation.
3. NON

- DUPLICATION, CONSUL TAT IONS, AND OTHER COLLECTION CRI TERIA 3(a) Non
- duplication To avoid requiring submission of duplicate information, EPA will accept information previously

submitted by

an Indian tribe (i.e., informat ion included in an application for treatment in the same manner as a State under another Act). 3(b) Publi c Notice Required Prior to ICR S ubmission to OMB In compliance with the Paperwork Reduction Act, EPA solicited comments for a 60

- day period prio r to submission of the ICR to OMB. Comments were requested by January 30, 2011 via a Federal Register EPA

- HQ

- OAR

- 2004

- 0093. 3(c) Consultations An EPA workgroup drafted the proposed regulation following consultation with various tribal representatives and extensive internal review. In developing this regulation EPA

### DRAFT

consulted with tribal representatives at the National Tribal Conference on Environmental Management in Cherokee, N.C. in May 1992 and at three “outreach meetings” in Chicago, Denver and San Francisco in November 1992. A final set of outreach meetings was held with tribal representatives and with members of the State and Territorial Air Pollution Administrators and the Association of Local Air Pollution Control Officials (STAPPA/ALAPCO, now renamed National Association of Clean Air Agencies or NACAA) in September 1993. Suggestions and comments articulated during these exchanges, most supporting the delegation of the CAA authority to tribes, were incorporated as appropriate into the proposed rule. The proposed rule was published on August 25, 1994 and solicited additional comments from the general public. These comments were addressed in the final rule promulgated in 1998. Prior to this renewal, each Regional EPA Office was contac ted and asked to provide estimates to support the action. The Regional Offices confirmed the estimated average burden of nine actions per ye ar for each of the next three years. Members of the public were also consulted during this renewal and asked to co mment. Three respondents, representing the public , tribes and tribal organizations responded and had no comments. These respondents were Ryan Callison of Gore Oklahoma, Brandy Toft of Bemidji Minnesota, and Mehrdad Khatibi, Assistant Director of the Inst itute for Tribal Environmental Professionals at Northern Arizona University in Flagstaff Arizona

. This consultation indicates that tribes and the public continue to be comfortable with the process as it is being conducted and have a good understanding of the requirements. 3(d) Effects of Less Frequent Collection Applications by

Indian tribes for eligibility in air quality

programs are a one - time collection of information per respondent. 3(e) General Guidelines No paperwork reduction guidelines contained in 5 CFR 1320.5 are exceeded by this information collection. 3(f) Confidentiality Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Cha pter 1, part 2, subpart B

- Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended b y 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979). 3(g) Sensitive Questions Th ere are no sensitive questions.

### DRAFT

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4 (a) Respondents /SI C Codes Indian Tribes would be the sole respondents to this I CR. EPA estimates that 27 of the 570 tribes

-- over the three year clearance period

-- wi ll apply for eligibility

for CAA programs. Based on a survey

of regional offices and basic knowledge of tribes, EPA assumes that 9 tribes will submit applications in Year 1, 9 in Year 2, and 9 in year 3. The assumption is based on projections provided b y e ach Regional Office. The TAR was promulgated in 1998, and tribes are just now building air quality programs. Therefore, EPA expects the number of applications to remain relativel y constant in the out years as additional tribes build capacity. However, si nce tribes have the option of applying for CAA programs, and it is ultimately up to the EPA to implement the Act where there is a gap, more or less tribes may be interested in seeking eligibility . If more tribes express an interest during the public comment period, EPA will revise this I CR and the estimated burden accordingl y. 4(b) Information Requested

. (i) Data items, includ ing record keeping requirements Recommend tribe maintain a cop y of all documents produced on file in the tribal government offices. N o data is collected as part of this action. (ii) Respondent Activities To be eligible for delegation of CAA programs, an Indian tribe must submit documentation showing they meet the following criteria: 1) be recognized by the Federal government (CAA section 302(r); 2) have an existing governing body which carries out governmental duties (such as tax and police functions); 3) show that the management and protection of air resources applies within the exterior boundaries of the reservation or other areas with in the tribe’s jurisdiction, and 4) be reasonably expected to be capable of implementing all applicable regulations. Meeting the definition of “Federally recognized tribe” (Section 302(r)) can be achieved in two way s: 1) approval by the Secretary

of Interior (or in the process of doing so) as documented in the Federal Register notices periodically published by

the Secretary ; or 2) previous EPA approval for implementation of another program under another environmental statute. Previous eligibility determination under another EPA program (such as the CWA, SDWA, or other CAA program) satisfies the governing body requirement as well. If an initial declaration has not yet been approved, this can be shown by demonstrating that the tribe is performing governmenta l functions to promote the public health, safety and welfare of the population, including such things as lev yi ng taxes, acquiring land b y exercising the power of eminent domain, and police powers. As for the third criterion, demonstration of appropriate jurisdiction, identifying tribal jurisdictions clearl y and with precision, can be done with the use of maps and a legal description of the area; if the tribe is asserting jurisdiction over off

- reservation lands, it must demonstrate the legal and factual ba sis for its jurisdiction consistent with applicable principles of Indian law.

### DRAFT In evaluating a tribal demonstration of program implementation capability, EPA considers their management and technical skills by reviewing the following factors: 1) tribe’s pre vious management experience, 2) existing environmental or public health programs administered, 3) mechanism(s) in place for carrying out the executive, legislative and judicial functions of the tribal government, 4) the relationship between regulated entit ies and regulating administrative agency , and 5) the technical and administrative capabilities of the staff. Tribes with limited management and technical skills can also submit a plan detailing steps for acquiring those skills.
5. THE INFORMATION COLLECT ED

— AGENCY ACTIVITIES, COLLECTI ONS METHODOLOGY AND INFORMATION MANAGEMENT 5(a) Agency

Activities EPA will review the applications to determine if they meet the eligibility

criteria. 5(b) Collection Methodology and Management The collection methodolog y for this I CR maintains that a tribal application for implementation of a CAA program is a one

- time submission that does not lend itself to electronic formatting. For example, tribal boundary information would be difficult to translate electronically . The se applications will be reviewed and retained b y the regional program offices. 5(c) Small Entity

Flexibility In formation collection requirements covered in this I CR will not affect small businesses. All respondents are Indian tribes. 5(d) Collection S chedule Tribes can apply

on a voluntary

basis for eligibility

under the CAA Tribal Authority Rule. Therefore, a collection schedule is not applicable.
6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION This section provides information on the cost and b urden associated with the information collection for both the respondents and the Agency . I present these cost and burden estimates as individual costs per respondent, and as an aggregate cost for the entire respondent universe and the Agency

on an annual basis and over the entire period covered by the ICR. 6(a) Estimating Respondent Burden The annual burden to the respondent Indian tribes is a function of the requirements of the eligibility

application and average time required for tribes to complete ea ch information

### DRAFT

item. The average burden per respondent varies, depending on whether the tribe has received approval under another environmental program, i.e., Clean Water Act, Safe Drinking Water Act. The annual burden per tribe is estimated at 40 hours at a cost of $ 2, 362.00 . The estimated annual burden is 3 2 0 hours at a cost of $ 26,096.00 . See Exhibit I

. Exhibit 1 Annual Respondent Burden and Costs Activity (A)Tech

hrs. ($ 5 9.05 hr.) (B)Burden

hrs. (C)Collecti

on Cost (D)*

Annual collection Annual

Burd en (hrs) (B)*(D) Total

Annual Cost (C)*(D) Collecting Compiling Reporting Total 13

11 16 40 13

11 16 40 $ 767.65

$ 649.55 $ 944.80 $ 2362.00 N/A

N/A N/A 8 * N/A

N/A N/A 3 2 0 $ 18,896 .00 * Annual collection is the average number of collec tions per ye ar. For the three

- ye ar p eriod, EPA expects a total of 25 respondents. 25 respondents / 3 years = 8 collections annually

. The annualized responses per y ear over the three

- ye ar period: 25 /3= 8

. The annualized burden hours over the three ye ar peri od: 960 /3=3 2 0. 6(b) Estimating Respondent Cost s The cost imposed on the tribes as respondents includes the burden placed on collecting, compiling, and reporting the information and the wages of the typical tribal worker performing these activities. The cost is associated with salaries and overhead for tribal employees will probably vary significantly . The average respondent per hour labor cost is $ 59.05 ($ 28.12 *110%) for an Environmental Scientist . The rates include a factor of 110%, added to each labo r rate per Office of Management and Budget (OMB) policy . The labor rates are based on hourly wages for the appropriate government (tribal) employees as determined by using the Bureau of Labor and Statistics (BL S) employ ment cost trends tables for governme nt (tribal) workers, May

2009 . A 110% factor was added to the original rates per OMB policy . The cost per respondent is estimated to be $ 2, 362.00 ; the total annual respondent cost is $ 56,688 .00 . The total cost for the three

- ye ar collection period is $ 18 ,896 .00

.

(i) Estimating Labor C osts This rule incorporates the Agency ’s streamlined process for treating tribes in manner similar to the States. Since tribes are not required to participate in this program, the number of applications will vary depending upo n air quality conditions, presence of major sources of air pollution on reservations, and the tribes’ interest in and capacity to

### DRAFT

carry out CAA programs. For the purposes of estimating the total burden associated with the regulation, EPA has derived the fo llowing estimates:

 The estimated number of respondent tribes appl yi ng for CAA programs over the next three ye ars is 2 5 . The annual average is 8 (2 5 respondents divided by 3 years).

 EPA estimates 40 hours per respondent for an annual burden of 360 hours.

 The average respondent labor cost is $ 59.05 per hour for Professional/Technical. A factor of 110% was added to each labor cost category per Office of Management and Budget policy

.

 The annual per respondent cost is $2, 362.00 . The annual total cost is e stimated to be $ 18,896 .00 per year for a total of $ 56,688 .00 over the three

- year collection period. (ii) Estimating Capital and Operations and Maintenance Costs There are no capital and operations and maintenance costs since the information collection only requires an application for eligibility to be filed so as to participate in a program. No capital investments are required to develop the application and no operations and maintenance costs are encountered. (iii) Capital/Start

- up Operating and Maintenance (O& M) Costs (iv) Annualizing Capital Costs 6(c) Estimating Agency

Burden and Costs The burden and cost imposed on the Federal government is a function of 1) the average number of responses to each information collection and reporting requirements, for th is EPA expects 8 ; and 2) the time required for the Federal government to review and process that information, and EPA estimates it will take an average of 40 hours per respondent. EPA expects to review, on an annual basis, 8 responses at 40 hours per resp onse for an annual burden of 3 2 0 hours. EPA’s review of the 2 5 tribal applications

-- over the three

- year clearance period

-

- is 1,000 hours. The review time will be considerably less if the Indian tribe has already established eligibility

with another EP A program, but it also may be higher. Each individual respondent has separate and unique circumstances that affect the amount of time required of the EPA to process an application. Therefore, additional time may be required, but the EPA estimates that it takes on average, 40 hours per respondent to review, publish, consult, and finalize a single request. Annual Burden: 8 responses *40 hrs./response= 3 2 0 hrs.

### DRAFT Total Burden: 2 5 responses * 40 hrs./response = 10 0 0 hrs. The cost imposed on the Federal gov ernment for review of the information requirements is the burden of reviewing information (described above) and the wages of the ty pical Federal worker performing these activities. The cost associated with salaries and overhead for Federal employees will probabl y vary significantl y. As preciously mentioned, it is difficult to predict the number of hours EPA will spend on any given respondent. On average it will take 40 hours. This I CR uses estimates from the hourly rate for federal workers as per the Of fice of Personnel Management’s (OMB) rate for General Service (GS) federal employees, May , 2010

. The averag e rate for a GS

- 10, $ 30.88 , plus a factor of 160% to include employee benefits as per OMB policy , amounts to $ 80.29 per hour labor cost. The annual Agency cost is $ 22,481.20

. The total Agency

cost over the three

- ye ar collection period is estimated to be $ 70,253.75 . See Exhibit 2.

Exhibit 2 Annual Agency Burden and Costs Activity (A)GS

- 10

hrs. ($ 80.29 hr.) (B)Burden

hrs. (C)Collecti

on Cost (D)*

Annual Collection Annual

Burden (hrs) (B)*(D) Annual

Cost (C)*(D) Collecting Compiling Comments Total 9

9 17 35 9

9 17 35 $ 722.61

$ 722.61 $ 1,364.93 $ 2, 810.15 N/A

N/A N/A 8 * 280 $ 22,481.20 * Annual collection is the average numbe r of collections per ye ar. For the three

- ye ar period, EPA expects a total of 2 5 respondents. 2 5 respondent s / 3 y ears = 8 collections annually

. The annualized responses per y ear over the three year period: 2 5 /3= 8

. The annualized burden hours over the three ye ar period is 840 /3= 280

. 6(d) Estimating the Respondent Univ erse and Total Burden and Costs The annual burden for the respondents is 320 hours. The annual cost for the respondents is $ 26.096.00 . The total burden and cost for the respondents is, 1,08 0 hours at a cost of $ 78.288.00 for the three

- ye ar collection period. The annual burden for the Agency is 280 hours. The annual cost for the Agency is $ 22,481.20

. The total burden and cost for the Agency is 875 hours at a cost of $ 70,253.75

. for the three

- ye ar collection period. 6(e) Bottom L ine Burden Hours and Cost Tables

### DRAFT
The bottom line burden hours and cost tables for respondents are the summaries of all the hours and costs incurred for all activities (i) Respondent Tally The bottom line Respondent T a lly is presented in Exhibit 1 (ii) The Agency

Tall y The bottom line Agency

T ally is presented in Exhibit 2 (iii) Variations in the Annual Bottom L ine The burden and cost estimates are not expected to vary from ye ar to ye ar over the collection period for this I CR. That is, the bottom line tallies presented in Exhibit 1 and 2 are not expected to change over the course of the next 3 y ears. 6(f) Reasons for Change in Burden The 293 Burden Hours approved b y OMB for the active ICR (Total Hours Requested), used the fir st year of the ICR’s three ye ar period, since it reflected the highest estimated number of responses. For this ICR, an annualized average of the I CR’s three year periods were used (420+300+360)/3=360 hours. The total burden hours have been updated to refle ct new estimates that are based on the number of applications the EPA received under the previous I CR and what EPA estimates it will receive in the upcoming years. There is no difference between the active ICR and this ICR based on our es timates of equal numbers of responses. The estimates were revised in part because the respondents that have already received eligibility will not apply

again in this period. However, they may appl y for additional programs and in this case EPA believes it will take less ti me to process. EPA estimates that it takes a respondent an average of 40 hours to process a single request. Additionall y, several respondents that were originally expected to request eligibility have done so

. Tribes are not required to seek this eligibil ity and therefore it is possible that the actual number of respondents will differ from the estimates. These numbers represent EPA estimates based on discussion with regional offices and expectations of the capacity of tribes to activel y seek eligibility

. 6(g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 40 hours per response. Burden means the total time, effort, or financial resources expended b y persons to generate, m aintain, 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 i nformation, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply with an y previously

applicable instructions and requirements; train personnel to be able to respond to a collection of

### DRAFT

informat ion; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's 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 s uggested 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 OAR

- 2004

- 0093, 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, Room B102, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Readin g 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 telephone number for the Clean Air Act Tribal Authorit y is (202) 566

- 1742 . An electronic ver sion 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 of the contents of the public docket, and to access those documents in the public docket that are available el ectronically . When in the sy stem, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory

Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number OAR

- 2004

- 0093 or R###

- XXX
- 200X

- XXXX and OMB Control Number 2060

- 0306 in an y correspondence.

Part B of the Supporting Statement This part is not applicable because no s tatistical methods were used in collecting this information.