INFORMATION COLLECTION REQUEST

FOR 

PREVENTION OF SIGNIFICANT DETERIORATION

AND NONATTAINMENT NEW SOURCE REVIEW

(40 CFR PART 51 AND 52)

by

Carrie Wheeler

Operating Permits Group (C504-03)

Air Quality Policy Division

Office of Air Quality Planning and Standards

Office of Air and Radiation

United States Environmental Protection Agency

RTP, North Carolina 27711
ii

INFORMATION COLLECTION REQUEST

FOR 

PREVENTION OF SIGNIFICANT DETERIORATION

AND NONATTAINMENT NEW SOURCE REVIEW

(40 CFR PART 51 AND 52)

TABLE OF CONTENTS

Page

1. IDENTIFICATION OF THE INFORMATION COLLECTION 1 

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

 1(b) ABSTRACT/EXECUTIVE SUMMARY 1 

 1(c) PAPERWORK REDUCTION ACT REQUIREMENTS 2

2. NEED FOR AND USE OF THE COLLECTION 2

 2(a) NEED/AUTHORITY FOR THE COLLECTION 2

 2(b) PRACTICAL UTILITY/USERS OF THE DATA 3

3. NONDUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA 4

 3(a) NONDUPLICATION 4

 3(b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB 4

 3(c) CONSULTATIONS 4

 3(d) EFFECTS OF LESS FREQUENT COLLECTION 5

 3(e) GENRAL GUIDELINES 5

 3(f) CONFIDENTIALITY 6

 3(g) SENSITIVE QUESTIONS 6

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 6

 4(a) RESPONDENTS/STANDARD INDUSTRIAL CLASSIFICATION (SIC) 6

 CODES

 4(b) INFORMATION REQUESTED 7

 4(b)(1) DATA ITEMS, INCLUDING RECORD KEEPING 7

 REQUIREMENTS

 4(b)(2) RESPONDENT ACTIVITIES 8

5. THE IFNORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION 8

 METHODOLOGY, AND INFORMATION MANAGEMENT

 5(a) STATE AND LOCAL AGENCY ACTIVITIES 8

 5(b) COLLECTION METHODOLOGY AND MANAGEMENT 8

 5(c) SMALL ENTITY FLEXIBILITY 9

 5(c)(1) MEASURES TO AVERT IMPACTS ON SMALL ENTITIES 9

 5(c)(2) MEASURES TO MITIGATE IMPACTS ON SMALL ENTITIES 10

 5(d) COLLECTION SCHEDULE 10
iii

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 10

 6(a) ESTIMATING RESPONDENT BURDEN 10

 6(b) ESTIMATING RESPONDENT COSTS 11

 6(b)(i) ESTIMATING LABOR COSTS 11

 6(b)(ii) ESTIMATING CAPITAL AND OPERATIONS AND 12

 MAINTENANCE COSTS

 6(b)(iii)CAPITAL/START-UP OPERATING AND MAINTENANCE 13

 (O&M) COST

 6(b)(iv)ANNUALIZING CAPITAL COSTS 13

 6(c) ESTIMATING AGENCY BURDEN AND COST 13

 6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL 14 

 BURDEN AND COSTS

 6(e) BOTTOM LINE BURDEN HOURS AND COSTS TABLES 15

 6(e)(i) RESPONDENT TALLY 15

 6(e)(ii) THE AGENCY TALLY 15

 6(f) REASONS FOR CHANGE IN BURDEN 15

 6(g) BURDEN STATEMENT 16

Appendix A: INFORMATION REQUIREMENTS 21
iv

LIST OF TABLES

Page

4-1 Primary NSR Respondents by SIC Code 7

6-1 Industry Respondent Burden and Costs 17

6-2 State and Local Agency Burden and costs 18

6-3 Agency Burden and Costs 19

6-4 NSR Program Information Collection Burden Summary 20
1

1. IDENTIFICATION OF THE INFORMATION COLLECTION

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

This report is entitled Prevention of Significant Deterioration and Nonattainment New 

Source Review, EPA ICR number 1230.23, OMB control number 2060-0003.

1(b) ABSTRACT/EXECUTIVE SUMMARY

The analyses in this document have been performed in support of a renewal of the New 

Source Review (NSR) Program Information Collection Request (ICR) (Office of Management 

and Budget (OMB) Control Number 2060-0003; EPA Number 1230.23). The regulations 

covered under this ICR are contained in parts 51 and 52 of Title 40 of the Code of Federal 

Regulations (CFR). These requirements govern the State and Federal programs for 

preconstruction review and permitting of major new and modified sources pursuant to Part C 

“Prevention of Significant Deterioration” (PSD) and Part D “Program Requirements for 

Nonattainment Areas” of the Clean Air Act (CAA). The types of information collection 

activities addressed in this ICR are those necessary for the preparation and submittal of 

construction permit applications and the issuance of final permits. Specific burden-producing 

activities are listed in Appendix A. The administrative, reporting, and record keeping burden for 

industry respondents (permit applicants), State and local implementing agencies and the 

Environmental Protection Agency are summarized in Table 6-4.

The NSR Program ICR was last renewed in November, 2004. Since this renewal of this 

ICR, the estimated number of respondents has increased by 51 as a result of the decision by the 

U.S. Court of Appeals for the D.C. Circuit to vacate the Clean Units and Pollution Control 

Project Exclusion provisions of the NSR Program. See New York v. EPA, 413 F. 3d 3 (D.C. cir. 

2005). 

The EPA is proceeding with implementation of the PM2.5 NSR program and these 

changes were addressed in a revised ICR completed in May, 20081. For sources that must obtain 

major NSR permits, the change in burden increased 38,875 hours. For the reviewing authorities, 

the increase in burden is 16,107 hours. Relative to the entire currently approved 2004 NSR 

Program ICR, this represents about a one percent increase in average annual burden.

The 2007 renewal ICR for the NSR programs estimated the burden at approximately

$487 million per year for 150,821 respondents. The change (net increase) in burden estimate is

partially due to use of current labor rates for the respondents and EPA (“Agency”) as well as an

increase in respondents subject to NSR after the Clean Units and Pollution Control Project 

Exclusion provisions were vacated. Consequently the estimated burden for the program is about 

3.5 million hours to industry with a cost of $302 million and about 2.4 million hours to 

 

1

 U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards Information Collection 

Request for changes to 40 CFR Part 51 and 52 Prevention of Significant Deterioration and Nonattainment New 

Source Revew: Final Rule for Implementation of the New Source Review (NSR) Program for Particulate Matter 

Less Than 2.5 Micrometers (PM2.5). October 2007.
2

permitting agencies with a cost of $185 million, for a total respondent cost of $487 million per 

year. The costs are based on an annual average of 282 Part C major NSR permit applications

(industrial respondents), 519 Part D major NSR permit applications, and 74,591 minor NSR 

actions. The Agency expects its costs will be $785,000 per year. The hourly labor costs for 

respondents were re-estimated as described in section (6)(b) to account for increases in the labor

rates from 2004 to 2007.

Table 6-1 identifies the changes in hourly rates and total hours to estimate industry’s cost 

per source for each type of permit. The estimated total cost to industry is approximately

$302 million. On a per source (response) basis, these costs are approximately $125,000 for each 

Part C permit, $62,600 for each Part D permit, and $3,100 for each minor NSR permit. The Part 

C per permit cost includes a direct cost of $11.4 million for 34 permit applicants who must 

conduct preconstruction air quality monitoring.

1(c) PAPERWORK REDUCTION ACT REQUIREMENTS

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

amount of time that a Director may approve a collection of information to three years. 

Consequently, the annual burden estimates are calculated for the three-year period beginning 

May, 2008 and ending May, 2011.

Except for information collections in notices of proposed rules or those exempted under 

the emergency processing provisions of 44 U.S.C. § 3507(j), the PRA requires EPA to solicit 

comments on each proposed information collection, including the renewal or modification of any 

existing ICR. This ICR renewal and its supporting statement were publicly noticed in the 

Federal Register to solicit comments on the data, analyses, and conclusions. Revisions to this 

supporting statement are complete and the ICR will be submitted to OMB for approval.

The information that this ICR covers is required for the submittal of a complete permit 

application for the construction or modification of all major new stationary sources of pollutants 

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

pollutants. EPA certifies that the information collection is necessary for the proper performance 

of EPA’s functions, and that it has practical utility; is not unnecessarily duplicative of 

information EPA otherwise can reasonably access; and reduces, to the extent practicable and 

appropriate, the burden on persons providing the information to or for EPA.

2. NEED FOR AND USE OF THE COLLECTION

2(a) NEED/AUTHORITY FOR THE COLLECTION

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

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

sources, including any provisions necessary for this program to meet the specific requirements of 

Parts C and D of Title I of the CAA related to major construction. Section 110(a)(2)(C) of the 
3

CAA requires that no new or modified stationary source, in conjunction with existing source 

emissions in the same area, can interfere with the attainment or maintenance of the National 

Ambient Air Quality Standards (NAAQS). It further requires that no source can construct 

without securing a permit to ensure that the objectives of Parts C and D of the CAA are met. 

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

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

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

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

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

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

on air quality related values (AQRVs). 

Similarly, Part D of Title I of the CAA specifies requirements for major new and 

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

Section 107 of the CAA. The Part D provisions also apply to major source permitting in the 

Northeast Ozone Transport Region as established under Section 184 of the CAA. The Part D 

rules generally require a prospective major construction project to: (1) ensure the application of 

controls which will achieve the lowest achievable emission rate (LAER), (2) certify that all 

major sources in a State which are owned or controlled by the same person (or persons) are in 

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

emissions to comply with specific statutory offset ratios and are otherwise, equal to, or greater 

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

(offsets).

2(b) PRACTICAL UTILITY/USERS OF THE DATA

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

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

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

available to the Federal, State, or local permitting authority (PA). The PA reviews the 

application materials submitted by the owner or operator and either declares the permit 

application complete for processing or provides the owner or operator guidance on how to 

correct the deficiencies in the application. If the application has deficiencies, the applicant 

collects any additional data identified by the PA so that the permit application can be deemed 

“complete.” Although sufficient information must be submitted by the applicant before its 

permit can be classified as complete, some additional clarifying information can be submitted at 

a later date by the applicant to assist the PA in processing the permit application.

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

permit application information to determine: (1) whether the source will cause or contribute to a 

violation of the NAAQS and air quality increments, (2) if the technology the source is proposing 

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

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

nonattainment areas, the permit application information is used by the PA to determine whether: 
4

(1) the source will apply LAER, (2) the source will have secured the required emissions offsets, 

and (3) the source has demonstrated that all other of its major sources in the same State are in 

compliance with all applicable air emissions regulations. 

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

the approvability of the permit application. This determination, along with the application and 

supporting information, is made available to the public for at least 30 days. The PA must then 

respond to public comments and take action on the final permit. Typically a final action must be 

taken on a permit by the PA within one year of receipt of a complete application. 

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

EPA operates a RACT/BACT/LAER Clearinghouse (RBLC)1 which contains many BACT and 

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

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

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

database as a reference for making future control technology determinations. Annual reports 

containing RBLC update information are also available to the public through the National 

Technical Information Service.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) NONDUPLICATION

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

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

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

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

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

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

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

completely the relevant NSR requirements.

3(b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB

The first public notice of this ICR renewal was published in the November, 30, 2007 

Federal Register (FR). No comments were received by the closing date, January, 29, 2008. 

However, active consultation conducted for the ICR is discussed in section 3(c).

 

2 The RBLC is available on the OAQPS Technology Transfer Network. Access to the RBLC 

on the TTN is via a computer through Internet access – http://cfpub.epa.gov/rblc/htm/bl02.cfm. 

For assistance in accessing the TTN, contact the TTN Help Desk at (919) 541-4814 in Research 

Triangle Park, North Carolina, 1:00 p.m. to 5:00 p.m. Eastern Time. http://www.epa.gov/ttn/
5

3(c) CONSULTATIONS

This ICR is a renewal of the existing ICR for the NSR program. It incorporates the base 

elements of the program which have not been changed for this renewal plus the vacated 

provisions for the Clean Units and Pollution Control Project Exclusion. Extensive consultation 

through public hearings and stakeholder meetings with environmental groups; industry; and 

state, local, and federal agency representatives were conducted previously for the rules included 

in this ICR. Also, EPA contacted the National Association of Clean Air Agencies (NACAA), 

and received comments from three of its members in January 2008. Consistent with NACAA’s 

input during that consultation period, changes have been made to the burden estimates for certain 

activities performed by permitting authorities. This is described more fully in section 6(a). 

3(d) EFFECTS OF LESS FREQUENT COLLECTION

The Act defines the rate of reporting by sources, states, and local entities. Consequently, 

less frequent collection is not possible.

3(e) GENERAL GUIDELINES

OMB's general guidelines for information collections must be adhered to by all Federal 

Agencies for approval of any rulemaking's collection methodology. In accordance with the 

requirements of 5 CFR 1320.5, the Agency believes:

1. The NSR regulations do not require periodic reporting more frequently than semiannually.

2. The NSR regulations do not require respondents to participate in any statistical survey.

3. Written responses to Agency inquiries are not required to be submitted in less than thirty

days.

4. Special consideration has been given in the design of the NSR program to ensure that the 

requirements are, to the greatest extent possible, the same for Federal requirements and 

those reviewing authorities who already have preconstruction permitting programs in 

place.

5. Confidential, proprietary, and trade secret information necessary for the completeness of 

the respondent's permit are protected from disclosure under the requirements of §503(e) 

and §114(c) of the Act.

6. The NSR regulations do not require more that one original and two copies of the permit 

application, update, or revision to be submitted to the Agency.

7. Respondents do not receive remuneration for the preparation of reports required by the 

Act or parts 51 or 52.

8. To the greatest extent possible, the Agency has taken advantage of automated methods of 

reporting.

9. The Agency believes the impact of NSR regulations on small entities to be insignificant 

and not disproportionate.
6

The recordkeeping and reporting requirements contained in the current NSR program and 

the changes made in this rulemaking do not exceed any of the Paperwork Reduction Act guidelines contained in 5 CFR 1320.5, except for the guideline which limits retention of records by 

respondents to three years. The Act requires both respondents and State or local agencies to 

retain records for a period of five years. The justification for this exception is found in 28 U.S.C. 

2462, which specifies five years as the general statute of limitations for Federal claims in 

response to violations by regulated entities. The decision in U.S. v. Conoco, Inc., No. 83-

1916-E (W.D. Okla., January 23, 1984) found that the five year general statute of limitations 

applied to the Clean Air Act.

3(f) CONFIDENTIALITY

Confidentiality is not an issue for the NSR program. In accordance with Title V, Section 

503 (e), the information that is to be submitted by sources as a part of their permit application 

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

that the information required for the completeness of a Federal permit is proprietary, 

confidential, or of a nature that it could impair the ability of the source to maintain its market 

position, that information is collected and handled according to EPA's policies set forth in Title 

40, Chapter 1, Part 2, Subpart B--Confidentiality of Business Information (see 40 CFR 2). States 

typically have similar provisions.

3(g) SENSITIVE QUESTIONS

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

matters), is not applicable to the NSR program. The information gathered for purposes of 

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

operator.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

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

Table 4-1 lists the industrial groups the EPA expects will contain the majority of the 

industrial respondents affected by the NSR program. These categories were chosen because of 

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

confirmed by a nationwide air pollutant emission inventory developed by the EPA in 1986-87. 

These industries have been used as the basis for impact analysis since that inventory.
7

Table 4-1. Most Numerous Industrial Respondents by Industrial Group 

Industry Group SIC NAICS†

Steam Electric Plants 491 221111, 22112, 22113, 

221119, 221121, 221122

Petroleum Refining 291 32411

Chemical Processes 281 325181, 32512, 325131, 

325182, 211112, 

325998, 331311, 325188

Natural Gas Transport 492 48621, 22121, 48621

Pulp Mills 261 32211, 322121, 322122, 

32213

Paper Mills 262 322121, 322122

Automobile 

Manufacturing

371 336111, 336112, 33612, 

336211, 336992, 

336322, 33633, 33634, 

33635, 336399, 336212, 

336213

Pharmaceuticals 283 325411, 325412, 

325413, 325414

†

1997 North American Industry Classification System

The respondents also include State and local air regulatory agencies. Because of the 

national scope of the NSR program, these governmental respondents are in all 50 States.

4(b) INFORMATION REQUESTED

4(b)(1) DATA ITEMS, INCLUDING RECORD KEEPING REQUIREMENTS

Tables A-1 and A-2 of Appendix A summarize the respondent data and information 

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

nonattainment NSR construction permit applications. The tables also include the appropriate 

references in 40 CFR part 51 for the data and information requirements that govern the way

States implement NSR programs. For each reference in Part 51, corresponding language will be 

found in part 52. In this ICR analysis, the minor source burden is for owners or operators of 

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

construction permit requirements. Once exempt from major source requirements of either PSD 

or Nonattainment NSR, owners or operators will not have to comply with all of the respective 

requirements shown in Appendix A, Tables A-1 and A-2.
8

4(b)(2) RESPONDENT ACTIVITIES

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

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

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

further subdivision of a source’s activities can be found. The Agency anticipates it will take 282

Part C major sources an average of approximately 866 hours to complete each NSR application, 

for a total of 244,212 hours. Each of the 519 Part D NSR sources will require an average of 642

hours, or a total of approximately 333,198 hours each year, to complete Part D NSR applications. 

Each minor source will require 40 hours to complete its NSR application requirements, for a total 

of 2,983,640 hours.

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) STATE AND LOCAL AGENCY ACTIVITIES

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

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

information requirements specified. The appropriate language from the CAA, 40 CFR 51 and 

40 CFR 52 for State and local agencies is also included.

5(b) COLLECTION METHODOLOGY AND MANAGEMENT

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

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

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

the Federal Land Manager (FLM) and provide a copy of the application (if applicable), and 

transmit copies of each application to EPA. Once construction permits have been approved, the 

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

Because the construction permits and associated control technology determinations are 

performed on a case-by-case basis, the regulations will not contain additional forms that owners 

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

permit application forms for NSR purposes.

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

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

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

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

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

engineering calculations, and by reviewing control technology determinations for similar 

sources. The RBLC and other sources will be reviewed for information on control technology

determinations made for sources similar to the sources included in the permit application. 

Confidential information submitted by the applicant will be handled by the permit reviewing 

authority's confidential information handling procedures. The public will be provided the 
9

opportunity to review a permit application and other materials relevant to the PA’s decision on 

issuing the permit, including FLM findings, by obtaining a copy from the permit reviewing 

authority or by attending the public hearing. The NSR regulations will not require information 

through any type of survey. 

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

NSR permitting rule, as modified by the final NSR Reform rule changes. As is the case with the 

respondents, State and local agencies that approve NSR permits will only have start-up costs for 

any given permit. Consequently, while the State or local agency will approve many permits each 

year, the annual burden for that function is simply equal to the burden found in any one year. 

5(c) SMALL ENTITY FLEXIBILITY

The Regulatory Flexibility Act (RFA) requires regulatory agencies, upon regulatory

action, to assess that actions potential impact on small entities (businesses, governments, and 

small non-governmental organizations) and report the results of the assessments in (1) an Initial 

Regulatory Flexibility Analysis (IRFA), (2) a Final Regulatory Flexibility Analysis (FRFA), and 

(3) a Certification. For ICR approval, the Agency must demonstrate that it "has taken all 

practicable steps to develop separate and simplified requirements for small businesses and other 

small entities" (5 CFR 1320.6(h)). In addition, the agencies must assure through various 

mechanisms that small entities are given an opportunity to participate in the rulemaking process. 

A Regulatory Flexibility Act Screening Analysis (RFASA) developed as part of a 1994 

draft Regulatory Impact Analysis (RIA) and incorporated into the September 1995 ICR renewal 

analysis reported an initial regulatory flexibility screening analysis showed that the changes to 

the NSR program due to the 1990 Clean Air Act amendments would not have an adverse impact 

on small entities.2This analysis encompassed the entire universe of applicable major sources that 

were likely to also be small-businesses. The Agency estimates there are approximately 50 “small 

business” major sources.3 Because the administrative burden of the NSR program are the 

primary source of the NSR program’s regulatory costs, the analysis estimated a negligible “cost 

to sales” (regulatory cost divided by the business category mean revenue) ratio for this source 

group. Currently, there is no economic basis for a different conclusion at this time.

5(c)(1) MEASURES TO AVERT IMPACTS ON SMALL ENTITIES

The Agency may not, under any circumstances, exempt a major source of air pollution. 

Since the impacts of NSR regulations which may impact small entities are predominantly to 

major sources, little room exists for regulatory flexibility to avert the impact of the proposed 

rulemaking on small entities through exemption. 

 

3 “Economic Assessment of the Impacts of Part C and D Regulatory Changes,” June 2, 1994.

4 The definition for “small business” employed for all SIC categories in this analysis was any

business employing fewer than 500 employees. 
10

5(c)(2) MEASURES TO MITIGATE IMPACTS ON SMALL ENTITIES

Even though the NSR program is not anticipated to have an adverse impact on a 

significant number of small businesses, measures are in place to assist in those incidental 

exceptions. Implementation of small business stationary source technical and environmental 

compliance assistance programs, as called for in section 507 of the Act (at the Federal and State 

levels) can reduce the reporting burden of small entities which are subject to major NSR. These 

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

1) programs to assist small businesses with determining what Act requirements apply to their 

sources and when they apply, and 2) guidance on alternative control technology and pollution 

prevention for small businesses.

5(d) COLLECTION SCHEDULE

Respondents are not subjected to a collection schedule per se under NSR permitting 

regulations of parts 51 and 52. In general, each affected source is required to submit an 

application as a prerequisite to receiving a construction permit. Preparation of a construction 

permit application is a one-time-only activity for each project involving construction of a new 

source or modification of an existing source. The applicable SIP typically states the time period 

that is necessary to process a permit application and issue a permit; consequently, a prospective 

source would be obliged to work backward from the hopeful commencement of construction to 

determine the optimum submittal date for the application. The NSR permit regulations will not 

require periodic reporting or surveys.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN

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

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

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

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

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

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

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

of information; and transmit or otherwise disclose the information. The burden estimate should 

be composed of (1) a total capital and start-up cost component annualized over its useful life; (2) 

a total operation, maintenance and purchases of services component. Each component should be 

divided into burden borne directly by the respondent and any services that are contracted out. 

Table 6-1 identifies the average burden by activity for the industrial respondents. Note 

that only 34 of the 282 Part C (PSD) permit applications require preconstruction air quality

monitoring. The $1.06 million increase in direct costs for preconstruction monitoring from the 

2007 ICR for the PM2.5 NSR Program Final Rule is due solely to the application of a 1.09 

adjustment factor to obtain a 2007 value.
11

The average burden for preparing and submitting minor NSR permit applications reflects a range 

of estimated burden from 8 to 120 hours, depending on the nature of the permit action required. 

The average assumes the following average burdens for different types of permit actions (percent 

of total actions in parentheses): 40 hours for new minor sources, new synthetic minor sources, 

and synthetic-based modifications (30%); 8 hours for true minor modifications (30%); 120 hours 

for netting-based minor modifications (20%); and 8 hours for minor/administrative permit 

revisions (20%). 

Table 6-2 identifies the average burden by activity for the State and local respondents.

Estimates are greater than the 2007 ICR for the PM2.5 NSR Program Final Rule, in part because 

of the vacature of the Clean Units and Pollution Control Project Exclusion provision. Additional 

changes were made pursuant to consultation with NACAA to more accurately reflect the burdens 

of the highlighted activities. As this table looks at average amount of time spent actively working 

on these activities, numbers are going to vary from permitting authority to permitting authority;

any time required by the source participation is accounted for separately in Table 6-1. 

Consultation responders indicated that the time required to complete the Part D 

(nonattainment) permit process is greater than our estimate of 109 hours due to the amount of 

time required to address the offset requirement and associated paperwork necessary for the 

transfer of offsets. We agree that demonstrating offsets does require time; however, we interpret 

these comments to be towards the wrong dataset. As indicated in Table 6-1, the time required to 

demonstrate offsets is accounted for in the industrial respondent burden and cost. 

When examining the average application approval burden estimate – comments indicated 

a range of 10-80 hours, depending on the specific permit. We recognize that some permits will 

require more time for application approval, while others require less. Our estimate falls within 

this range; therefore, the estimated average burden per permit for application approval remains 

40 hours.

Comments also indicate that the length of time required for a minor permit can vary from 

40-100 hours per permit. We agree that the complexity of the source can at times require a 

greater number of hours than the average 30 we estimated. However, as with the source burden 

listed above, the range can vary from 8-120 hours. Thus, our estimate of 30 hours seems 

reasonable to reflect the average burden for a minor permit.

Finally, it was suggested that the preliminary burden estimate should be somewhere in 

the range of 140-160 hours for a Part C permit. Numbers will vary for preliminary determination, 

and for these two permitting authorities, an average of 150 hours is more reasonable. However, 

for some of the112 permitting authorities the average hours required may be much lower. We

acknowledge that this activity can take more time than originally estimated; therefore, the 

average number of burden hours for this activity increased from 24 to 36 hours per permit.

6(b) ESTIMATING RESPONDENT COSTS 

6(b)(i) Estimating Labor Costs
12

In this ICR, the entire burden for most respondents (and the Agency) is treated as a labor 

cost. The one exception is for 34 of the 282 Part C (PSD) permit applications that require 

preconstruction air quality monitoring. This one-time cost includes pre-application monitoring of 

air quality via contract services. The explanation for the absence of capital and operations and 

maintenance costs for the remaining respondents appears below in sections 6(b)(ii) and 6(b)(iii). 

There is only an annual value of the costs of the ICR burden, which is equal to the cost of the 

first yearly outlay. The same annual ICR burden and cost are reported for each year because the 

EPA projects that the yearly average number of permit applications will be constant over the 

term of the ICR. 

In order to improve the accuracy of burden estimates, this renewal ICR uses 2007 values 

with the wage rate methods established in the July, 1997 renewal ICR. The 1997 renewal was 

the source for the extrapolated values used in the 2001 and 2004 renewal ICRs. The single 

exception is the estimate of pre-construction ambient air quality costs, which were adjusted from 

the 2007 ICR for the PM2.5 NSR Program Final Rule.

The labor rate used to calculate the industrial respondents’ labor cost is $97.61/hr. The 

industrial labor rate was obtained from Table 2 in the Bureau of Labor Statistics (BLS) survey

“Employer Costs for Employee Compensation,” September 20075. To determine the rate per 

hour, a 110% overhead was assumed. The resultant rate equals $97.61/hr.

Following the same assumptions as the 2007 ICR for the PM2.5 NSR Program Final Rule, 

34 of the industrial respondents submitting Part C (PSD) permit applications will conduct preconstruction ambient air quality monitoring6

. The average cost for this activity is estimated to be 

$335,165, which is the inflation-adjusted figure used in the October 2007 ICR. The adjustment 

factor is 1.09, the factor used to adjust the industry’s labor rate. 

The labor rate used to calculate the State and local respondents’ labor cost is $77.22/hr. 

This rate was also obtained from the BLS survey7. Assume 100% overhead for State and Local 

Agency Labor. Table 6-2 presents the State and local agency respondents’ burden and costs. 

Their annual cost is equal to the cost of the first year outlay, which recurs each year.

6(b)(ii) Estimating Capital and Operations and Maintenance Costs 

 

5 Industrial Labor Rates obtained from "Employer Costs for Employee Compensation, Table 2: Employment 

Costs for Civilian Workers by Occupational and Industry Group," U.S. Dept. of Commerce, BLS, September 2007. 

6 U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards. Information Collection 

Request for changes to 40 CFR Part 51 and 52 Prevention of Significant Deterioration and Nonattainment New 

Source Revew: Final Rule for Implementation of the New Source Review (NSR) Program for Particulate Matter 

Less Than 2.5 Micrometers (PM2.5). October 2007. 

7 State and Local Respondent Labor Rates obtained from "Employer Costs for Employee Compensation, Table 

4: Employment Costs for State and Local Government Workers by Occupational and Industry Group," U.S. Dept. 

of Commerce, BLS, September 2007.
13

Even if an applicant is a brand new company and the prospective source is a “greenfield” 

source (the EPA estimates less than one percent of the combined number of major and minor 

industrial respondents fit that description) most, and perhaps all, of the equipment needed to 

prepare permit applications (for example, the computers and basic software) will be part of the 

source’s business operation inventory. Furthermore, much of the data and regulatory and policy

information for making technology determinations and even models for performing ambient air 

impact analyses are available in electronic form from several different EPA bulletin boards for 

just the communication charges, which are typically absorbed in routine business overhead 

expenses.

Since the purchase of capital equipment is believed to be an insignificant factor in permit 

application preparation, the EPA assumes the operation, maintenance, or services for same are 

negligible. Further, once a permit is issued, there is no operations and maintenance cost 

associated with it. It remains unaltered unless the source or the permitting authority discovers 

specific reasons to reexamine it and change any conditions or specifications. If purely 

administrative, the changes are handled exclusively by the permitting authority. If changes have 

the potential for environmental consequences, the action may be significant enough to be 

counted as a separate and new application, to which a new burden and cost may be ascribed.

6(b)(iii) Capital/Start-up Operating and Maintenance (O&M) Costs 

Capital/start-up and O&M costs are non-labor related costs. One-time capital/start-up 

costs are incurred with the purchase of durable goods needed to provide information. According 

to the Paperwork Reduction Act, capital/start-up cost should include among other items, 

preparations for collecting information such as purchasing computers and software, monitoring, 

sampling, drilling, and testing equipment. As a practical matter, these costs are not typical of the 

costs associated with preparing a major source permit application. For the same reason, the 

O&M costs associated with start-up capital equipment are zero for most of the sources for this 

ICR. However, as shown in Table 6-1, 34 of the 282 Part C (PSD) permit applications require 

preconstruction air quality monitoring, which costs $11,396,000. This one-time cost includes 

pre-application monitoring of air quality via contract services.

6(b)(iv) Annualizing Capital Costs 

Typically annualized capital cost would be derived from a discounted net present value of 

the stream of costs that would occur over the life of the permit, or the ICR, whichever is shorter. 

However, in the case of NSR, there are only labor costs for preparing and processing permit 

applications. Labor costs are expensed when incurred and not amortized. Therefore, the capital 

costs for NSR permitting are zero.

6(c) ESTIMATING AGENCY BURDEN AND COST

Staff in EPA’s regional offices typically review major NSR permits. The EPA expects its 

review of NSR permits to comprise the tasks listed in Table 6-3. The cost estimate uses a 

“loaded” labor rate of $43.17/hr. The rate reflects the assumption that the staff reviewing 
14

permits are classified as Grade 12 Step 1. The corresponding salary is loaded with benefits at the 

rate of 60%.7 

6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COST

For the purpose of estimating burden in this ICR, the respondent universe is defined by 

the annual number of permit applications prepared by major and minor sources, and the annual 

number of permit applications processed by State and local agencies. We began with the 

baseline data found in the current ICR (265 Part C, 488 Part D, 74,609 minor NSR) change, from 

that baseline, we then made several adjustments to reflect the expected effect of the U.S. Court 

of Appeals for the D.C. Circuit decision to vacate the Clean Units and Pollution Control Project 

Exclusion provision, as well as consultation with members of NACAA. 

This analysis uses the 112 reviewing authorities count used by other permitting ICRs and 

the appropriate source count for individual permit-related items (e.g., attending pre-application 

meetings with the source). The resulting number of respondents for this ICR renewal is then 

estimated to be as follows:

1. 282 Part C (PSD) permit applications prepared by industry.

2. 519 Part D (nonattainment) permit applications prepared by industry.

3. 74,951 minor NSR permit applications prepared by industry.

4. 282 Part C (PSD) permit applications processed by State and local agencies.

5. 519 Part D (nonattainment) permit applications processed by State and local agencies.

6. 74,951 minor NSR permit applications processed by State and local agencies.

For each category of permit application, the total number of respondents is twice the 

number of permit applications. In addition, each reviewing authority must submit changes to its 

existing SIP program or demonstrate that its existing programs are at least equivalent to EPA’s 

new requirements. This SIP revision is a one-time burden that will occur during the three-year 

period. Therefore, the average annual number of such revisions is 37.33 per year. This increases 

the total number of reviewing authority responses to 838 annually.

The total annual effort for industrial respondents submitting Part C (PSD) permit 

applications is 244,212 hours, and the corresponding annual cost is $35,233,000. The total 

annual effort for industrial respondents submitting Part D (nonattainment) permit applications is 

333,198 hours, and the corresponding annual cost is $32,523,000. The total annual effort for 

industrial respondents submitting minor NSR permits is 2,983,640 hours, and the corresponding 

annual cost is $234,138,000. For industrial respondents, the overall total annual effort is 

3,561,050 hours and $301,895,000.

 

8 The annual salary for Grade 12 Step 1 in the 2007 General Schedule is $56,301

(http://www.opm.gov/oca/07tables/html/gs.asp). Division by 2080 hrs/hr yields the hourly rate 

used in this supporting statement.
15

The total annual effort for State and local respondents processing Part C (PSD) permit 

applications is 84,882 hours, and the corresponding annual cost is $6,555,000. The total annual 

effort for State and local respondents processing Part D (nonattainment) permit applications is 

65,913 hours, and the corresponding annual cost is $5,090,000. The total annual effort for State 

and local respondents processing minor NSR permits is 2,237,730 hours, and the corresponding 

annual cost is $172,798,000. State and local respondents also will spend approximately 1,493

hours for SIP revisions due to the PM2.5 Implementation Final Rule, for an annual cost of 

$115,000. For the State and local respondents, the overall total annual effort is 2,390,018 hours 

and $184,557,000.

6(e) BOTTOM LINE BURDEN HOURS AND COST TABLES

6(e)(i) Respondent Tally

Table 6-4 summarizes the estimated burden and cost to industry respondents, State and 

local agency respondents, and the EPA for submittal and processing of NSR permit applications 

and the issuance of the permits. It also includes the cost to the respective respondents and 

reviewing agencies for nonapplicability findings, which preclude sources from further major 

source requirements. For industrial and State and local agency respondents, the overall total 

annual burden is 5,951,068 hours and $486,452,000.

6(e)(ii) The Agency Tally

The total annual effort for the Agency for processing Part C (PSD) permit applications is 

4,230 hours, and the corresponding annual cost is $183,000. The total annual effort for the 

Agency for processing Part D (nonattainment) permit applications is 8,304 hours, and the 

corresponding annual cost is $358,000. The total annual effort for the Agency for processing 

minor NSR permits is 5,650 hours, and the corresponding annual cost is $244,000. For the 

Agency, the overall total annual effort is 18,184 hours and $785,000.

6(f) REASONS FOR CHANGE IN BURDEN

The burden has changed due in part to a change in the labor rates. As explained in 

section 6(b)(i) in order to improve the accuracy or burden estimates, the rates were recalculated 

using 2007 values and following the same methodology established in the July 10, 1997 renewal 

ICR. 

Also contributing to the increase in burden has been an increase in the number of 

respondents due to the U.S. Court of Appeals for the D.C. Circuit decision to vacate the Clean 

Units and Pollution Control Project Exclusion provision of the NSR Program. As a result, there 

are an additional 51 respondents.

Finally, the burden per permit for Part C major NSR permit applications increased based 

on active consultation with NACAA, conducted in January, 2008. The burden per permit for 

Part D and minor NSR permits are unchanged from the 2007 ICR for NSR PM2.5 Implementation 

Final Rule.
16

6(g) BURDEN STATEMENT

The average annual burden on an industrial respondent submitting a Part C (PSD) permit 

application is 866 hours. The average annual burden on an industrial respondent submitting a 

Part D (nonattainment) permit application is 642 hours. The average annual burden on an 

industrial respondent submitting a minor NSR permit application is 40.

The average annual burden on a State or local agency respondent processing a Part C

(PSD) permit application is 301 hours. The average annual burden on a State or local agency

respondent processing a Part D (nonattainment) permit application is 127. The average annual 

burden on a State or local agency respondent processing a minor NSR permit application is 30.

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

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

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

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

disclosing, and providing information; adjust the existing ways to comply with any previously

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

information; search data sources; complete and review the collection of information; and 

transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a 

person is not required to respond to, a collection of information unless it displays a currently

valid OMB control number. The OMB control numbers for EPA’s 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 ICR under 

Docket ID No. EPA-HQ-OAR-2004-0081, 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 3334, 1301 Constitution 

Avenue, NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number 

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

the public 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 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, DC 20503, Attention: 

Desk Office for EPA. Please include the EPA Docket ID No. EPA-HQ-OAR-2004-0081 and 

OMB control number 2060-0003 in any correspondence. 
17

Table 6-1. Industrial Respondent Burden and Cost (Annual)

Activity

Units Hours 

per Unit

Annual 

Hours

Annual Cost 

($1000)

I. Part C (PSD)

A. Preparation and Planning

Determination of Compliance 

Requirements 282 170 47,940 $4,679

Obtain Guidance on Data Needs 282 120 33,840 $3,303

Preparation of BACT Analysis 282 102 28,764 $2,808

B. Data Collection and Analysis

Air Quality Modeling 282 200 56,400 $5,505

Determination of Impact on Air Quality 

Related Values 282 100 28,200 $2,753

Post-construction Air Quality Monitoring 282 50 14,100 $1,376

C. Permit Application

Preparation and Submittal of Permit 

Application 282 60 16,920 $1,652

Public Hearings 282 24 6,768 $661

Revisions to Permit 282 40 11,280 $1,101

D. Subtotal Burden 866 244,212 $23,838

E. Direct Costs for Pre-construction Air 

Quality Monitoring 34 $11,396

F. Total Costs $35,233

II. Part D (Non-attainment)

A. Preparation and Planning

Determination of Compliance 

Requirements 519 150 77,850 $7,599

Obtain Guidance on Data Needs 519 100 51,900 $5,066

B. Data Collection and Analysis

Preparation of LAER Engineering 

Analysis 519 52 26,988 $2,634

Demonstrate Offsets 519 52 26,988 $2,634

Prepare Analysis of Alternative Sites,

Processes, etc. 519 60 31,140 $3,040

Air Quality Modeling 519 130 67,470 $6,586

C. Permit Application

Preparation and Submittal of Permit 

Application 519 49 25,431 $2,482

Public Hearings 519 25 12,975 $1,266

Revisions to Permit 519 24 12,456 $1,216

D. Total 642 333,198 $32,523

III. Minor NSR

A. Preparation and Submittal of Minor 

NSR Permit Application 74,591 40 2,983,640 $234,138

IV. GRAND TOTAL 75,392 3,561,050 $301,895
18

Table 6-2. State and Local Respondent Burden and Cost (Annual)

Activity Units

Hours 

per 

Unit

Annual 

Hours

Annual 

Cost 

($1000)

I. Part C (PSD)

A. Attend Preapplication Meetings 282 36 10,152 $784

B. Answer Respondent Questions 282 20 5,640 $436

C. Log In and Review Data Submissions 282 16 4,512 $348

D. Request Additional Information 282 8 2,256 $174

E. Analyze for and Provide Confidentiality Protection 282 24 6,768 $523

F. Prepare Completed Applications for Processing 282 38 10,716 $827

G. File and Transmit Copies 282 8 2,256 $174

H. Prepare Preliminary Determination 282 36 10,152 $784

I. Prepare Notices for and Attend Public Hearings 282 40 11,280 $871

J. Application Approval 282 48 13,536 $1,045

K. Notification of Applicant of PA Determination 282 8 2,256 $174

L. Submittal of Information on BACT/LAER to RBLC 282 19 5,358 $414

M. Total 301 84,882 $6,555

II. Part D (Non-attainment)

A. Attend Preapplication Meetings 519 7 3,633 $281

B. Answer Respondent Questions 519 10 5,190 $401

C. Log In and Review Data Submissions 519 10 5,190 $401

D. Request Additional Information 519 4 2,076 $160

E. Analyze for and Provide Confidentiality Protection 519 4 2,076 $160

F. Prepare Completed Applications for Processing 519 16 8,304 $641

G. File and Transmit Copies 519 4 2,076 $160

H. Prepare Preliminary Determination 519 10 5,190 $401

I. Prepare Notices for and Attend Public Hearings 519 18 9,342 $721

J. Application Approval 519 21 10,899 $842

K. Notification of Applicant of PA Determination 519 2 1,038 $80

L. Submittal of Information on BACT/LAER to RBLC 519 21 10,899 $842

M. Total 127 65,913 $5,090

III. Minor NSR

Total for Preparation and Submittal of Minor NSR Permit 

Application 74,591 30 2,237,730 $172,798

IV. SIP Revisions

Revision of SIP 37 40 1,493 $115

IV. GRAND TOTAL 75,429 2,390,018 $184,557
19

Table 6-3. Agency Burden and Cost (Annual)

Activity Units

Hours 

per 

Unit

Annual 

Hours

Annual 

Cost 

($1000)

I. Part C (PSD)

A. Review and Verify Applicability Determination 282 2 564 $24

B. Review Control Technology Determination 282 4 1,128 $49

C. Evaluate Air Quality Monitoring 282 4 1,128 $49

D. Evaluate Alternative and Secondary Impact Analysis 282 2 564 $24

E. Evaluate Class I Area Analysis 282 2 564 $24

F. Administrative Tasks 282 1 282 $12

G. Total 15 4,230 $183

II. Part D (Non-attainment)

A. Review and Verify Applicability Determination 519 2 1,038 $45

B. Review Control Technology Determination 519 4 2,076 $90

C. Evaluate Offsets 519 1 519 $22

D. Evaluate Air Quality Monitoring 519 5 2,595 $112

E. Evaluate Alternative and Secondary Impact Analysis 519 3 1,557 $67

F. Administrative Tasks 519 1 519 $22

G. Total 16 8,304 $358

III. Minor NSR

Review Synthetic/Netting-Based Minor NSR Permits 2,825 2 5,650 $244

IV. GRAND TOTAL 3,626 33 18,184 $785
20

Table 6-4. NSR Program Information Collection Burden Summary

 Total Per Unit

Part C 

(PSD)

Part D 

(Nonattainment) Minor NSR

Cumulative 

Total

Part C 

(PSD)

Part D 

(Nonattainment)

Minor 

NSR

Number of Respondentsa 563 1,038 149,182 150,821

a+b

Respondent 

Burden 

Hours

Industry 244,212 333,198 2,983,640 3,561,050 866 642 40

State/Local 84,882 65,913 2,237,730 2,390,018 301 127 30

Industry and State/ 

Local Agency 

Totals

329,094 399,111 5,221,370 5,951,068 1,167 769 70

Federal (Agency) Burden 4,230 8,304 5,650 18,184 15 16 2

Program Grand Total Burden 333,324 407,415 5,227,020 5,969,252

Respondent 

Annual Cost 

($1000)c

Industry Labord $23,838 $32,523 $234,138 $290,499 $84.65 $62.64 $3.14

Other Direct 

Costse $11,396 $0 $0 $11,396 $335.17 $0.00 $0.00

Total Industry 

Costs $35,233 $32,523 $234,138 $301,895 $125.12 $62.64 $3.14

State/Local Costsf $6,555 $5,090 $172,798 $184,557 $23.28 $9.80 $2.32

Industry and 

State/Local 

Agency Totals

$41,788 $37,613 $406,936 $486,452

Agency Annual Costs ($1000) $183 $358 $244 $785 $0.65 $0.69 $0.00

Program Grand Total Costs 

($1000) $41,970 $37,972 $407,180 $487,237 $149.04 $73.14 $5.46

(a) Number of respondents is twice the number of permitting actions for a given category due to (1) the applicant preparing the 

application and (2) the permitting agency reviewing and issuing the permit. 

(b) Each of the 112 reviewing authorities must submit one SIP revision to conform their major NSR programs to the revised rules. 

The average annual number of such revisions is 112/3 = 37.33 per year. 

(c) All costs are in thousands of current (2007) dollars. All costs represent one-time permit application costs. 

(d) The EPA estimates that 30% of the in-house hourly burden may be contracted, but because it is at the discretion of the 

applicant, the cost has not been converted to direct cost. Furthermore EPA assumes the labor rate would remain the same, in 

which case there is no impact on total annual costs. 

(e) These direct costs are for 34 (approximately 13%) PSD sources at $335,165 per source, for pre-application monitoring of air 

quality via contract services. This cost is not incurred by Part D permit applicants. 

(f) Per unit cost for PSD permits reflects the direct cost for pre-application monitoring averaged over all PSD permits. The 

estimated 34 sources that require preconstruction monitoring are estimated to incur a total cost of $419,697 per application. The 

others will incur $84,532.
21

APPENDIX A

INFORMATION REQUIREMENTS
22

TABLE A-1. INDUSTRY RESPONDENT DATA AND 

INFORMATION REQUIREMENTS FOR

 PREPARING PART C (PSD) CONSTRUCTION PERMITS

Current Requirements Regulation Reference

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

schedule

40 CFR 51.166(n)(2)(I)

Detailed schedule for construction 40 CFR 51.166(n)(2)(ii)

Description of continuous emission reduction system, emission estimates, 

and other information needed to determine that BACT is used

40 CFR 51.166(n)(2)(iii)

Air quality impact, meteorological, and topographical data 40 CFR 51.166(n)(3)(I)

Nature and extent of, and air quality impacts of general commercial, 

residential, industrial, and other growth in area of source

40 CFR 51.166(n)(3)(ii)

Use of air quality models to demonstrate compliance with NAAQS and 

increment

40 CFR 51.166(k)&(l)

A demonstration that the benefits of the proposed source significantly 

outweigh the environmental and social costs imposed as a result of its 

location, construction, or modification

Not a current requirement, 

but is a 1990 Act 

Requirement §173(a)(5)

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

Air quality monitoring data 40 CFR 51.166(m)

Impairment of visibility, soils, and vegetation 40 CFR 51.166(o)(1)

Air quality impact resulting from general commercial, residential, 

industrial, and other growth associated with source

40 CFR 51.166(o)(2)

Written notice of proposed relocation from portable source 40 CFR 

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

Description of the location, design construction, and operation of 

building, structure, facility, or installation

40 CFR 51.160(c)(2)

Description of the nature and amounts of emissions to be emitted 40 CFR 51.160(c)(1)
23

Description of the air quality data and dispersion or other air quality

modeling used

40 CFR 51.160(f)

Sufficient information to ensure attainment and maintenance of NAAQS 40 CFR 51.160(c)-(e), 

40 CFR 51.161-163
24

Table A-2: INDUSTRY RESPONDENT DATA AND INFORMATION 

REQUIREMENTS FOR PREPARING 

PART D (NONATTAINMENT NSR) CONSTRUCTION PERMITS

Requirements Regulation Reference

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

40CFR part 51, 

Appendix S, Section 

IV.A;

40 CFR 52.24(k)

Documentation that all sources owned or operated by same person 

are in compliance

40 CFR 51.165(a)(2);

40 CFR part 51, 

Appendix S, Section 

IV.A;

40 CFR 52.24(k)

Documentation that sufficient emissions reductions are occurring to 

comply with specific offset requirements and to ensure RFP

40 CFR 51.165(a)(3);

40 CFR part 51, 

Appendix S, Section 

IV.A;

40 CFR 52.24(k)

Documentation that benefits of proposed source significantly 

outweigh the environmental and social costs imposed as a result of 

its location, construction, or modification

40 CFR 51.165(a)(2)

Description of the location, design construction, and operation of 

building, structure, facility, or installation

40 CFR 51.160(c)(2)

Description of the nature and amounts of emissions to be emitted 40 CFR 51.160(c)(1)

Description of the air quality data and dispersion or other air quality

modeling used

40 CFR 51.160(f)

Sufficient information to ensure attainment and maintenance of 

NAAQS

40 CFR 51.160(c)-(e)

40 CFR 51.161

40 CFR 51.162

40 CFR 51.163
25

TABLE A-3. PERMITTING AGENCY DATA

AND INFORMATION REQUIREMENTS

Requirement Regulation Reference

Early FLM notification and opportunity to participate in meetings 40 CFR 51.166(p)(1)(ii)

Submission of all permit applications to EPA 40 CFR 51.166(q)(1)

Submission of notice of application, preliminary determination, 

degree of increment consumption, and opportunity for public 

comment

40 CFR 51.166(q)(2)(iv)

Submission to FLM of permit applications 40 CFR 51.166(p)(1)

Submission of written request to exempt sources from review 40 CFR 52.21(I)(4)(vi)

Written request for use of innovative control technology 40 CFR 51.166(s)

Establishing and operating a permitting program for all new 

sources

40 CFR 51.160

Provide notice to EPA of all permits 40 CFR 51.161(d)

Provide for public comment for all NSR permits 40 CFR 51.161