Information Collection Request

Supporting Statement for the

8-hour Ozone National Ambient Air Quality Standard Implementation Rule
(Renewal)

EPA ICR # 2236.03

Prepared by:

Office of Air Quality Planning and Standards 

Office of Air and Radiation

U.S. Environmental Protection Agency

Research Triangle Park, North Carolina 27711

EPA Information Collection Request for the

8-hour Ozone National Ambient Air Quality Standard Implementation Rule

Table of Contents

Identification of the Renewal Information Collection
Request………page 1

Need for and Use of the
Collection…………………………………...page 3

Non-Duplication, Consultation, and other Collection Criteria………
page 4

Respondents and the Information
Requested…………………………page 7

Information Collected—Agency Activities, Collection Methodology and
Information
Management……………………………………………………..
.…..page 11

Estimating the Burden and Cost of the
Collection……………………page 12

Identification of the Information Collection Request

1(a)	Title of the Information Collection

	The title of the Information Collection Request is 8-hour Ozone
National Ambient Air Quality Standard Implementation Rule (Renewal),
Environmental Protection Agency (EPA) number 2236.03, Office of
Management and Budget (OMB) number 2060-0594.

1(b)	Abstract/Executive Summary

	The Paperwork Reduction Act requires the information found in this
Information Collection Request (ICR) number 2236.03, to assess the
burden (in hours and dollars) of the renewal of the 8-hour Ozone
National Ambient Air Quality Standard Implementation (NAAQS) Rule as
well as the periodic reporting and record keeping necessary to maintain
the rule.  The rule was proposed June 2, 2003 (68 FR 32802) and
promulgated in two Phases:  Phase 1 published April 30, 2004 (69 FR
23951) and Phase 2 published November 29, 2005 (70 FR 71612).  In 2007
Phase 1 was vacated and all designated areas subject to subpart 1, part
D, title I of the CAA were then made subject to subpart 2. 
Redesignations of these Former Subpart 1 areas to Subpart 2 Marginal or
Moderate classifications were proposed in 2009 (74 FR 2936).

	The time period covered in this ICR is a three year period from August
1, 2010 through July 31, 2013.  The milestones include the attainment
demonstration, Reasonable Further Progress (RFP) State Implementation
Plan (SIP) submission, and the Reasonable Available Control Technology
(RACT) SIP submission.   However, not all of the milestones and
associated burden and administrative cost estimates apply to areas with
design values in excess of the 8-hour Ozone NAAQS.  

Subpart 2 and former Subpart 1 non-attainment areas able to designate in
2010.  These areas have to prepare an attainment demonstration.  

Subpart 2 and former Subpart 1 areas with projected attainment after
6-15-09.  These 8-hour non-attainment areas would have to prepare an RFP
SIP submission and an RACT SIP submission.

	The incremental administrative burden for the areas and activities
covered by this ICR is mitigated by 3 factors.

Some states may use some parts of EPA analyses conducted as part of the
Clean Air Interstate Rule (CAIR) and 8-hour Ozone NAAQS Implementation
Rule.  Included in these analyses were emissions projections and air
quality modeling design value predictions and interpolations for 2007,
2009, 2010, etc.    

Promulgated federal rules which reduce future emissions of ozone
precursors.  As a consequence:

Some designated non-attainment areas are projected to attain and
maintain the 8-hour Ozone NAAQS without additional state emission
reducing regulations or programs.

Some designated non-attainment areas do not design and adopt additional
state rules to fulfill RFP requirements set forth by the 8-hour Ozone
NAAQS Implementation rule.  The emission reductions associated with
federal emission reducing rules are creditable toward RFP requirements. 

Experience with the 1-hour O3 NAAQS.  Twenty-one of the original 26
subpart 2 moderate and above 8-hour non-attainment areas were also
moderate or above for the previous 1-hour Ozone NAAQS.   Hence, there is
familiarity with SIP activities for an Ozone NAAQS.  Furthermore, many
of these areas completed attainment demonstrations and fulfilled RFP and
some RACT obligations for the 1-hour Ozone NAAQS.  

	The Agency anticipates additional administrative burden for state
governments and the Agency of 20,000 hours and 2,200 hours,
respectively.  Fifty percent of the hours are expended in the 1st year
with the remainder evenly divided between the 2nd and 3rd years of the
ICR period.  Tribes are not required to conduct attainment
demonstrations or submit RFP or RACT SIPs.  

	The present value of the total additional costs for state governments,
the respondents, is estimated at $1.4 million for the 3 year period.  
On an equivalent annual basis that is $434,000 per year during the 3
year period of the ICR.    

	The present value of the Agency administrative cost burden is estimated
at $156,466 dollars.  This is equivalent to an equal annual stream of
costs of $47,740 per year during the three year period.



Need For and Use of the Collection

2(a)	Need/Authority for the Collection

	Part D of Title I of the Clean Air Act sets forth the plan
(implementation) requirements for areas designated non-attainment with a
promulgated National Ambient Air Quality Standard.  When the Clean Air
Act amendments of 1990 were enacted, the Subpart 2 provisions were
specific to designated non-attainment areas for the 1-hour Ozone NAAQS,
but that standard was revised in 1997.  As a result of litigation and
subsequent court decisions, an implementation framework was developed
for the 8-hour Ozone NAAQS, promulgated in 1997.  

	The 8-hour Ozone NAAQS Implementation Rule was issued in two phases: 
Phase 1 was published April 30, 2004 and Phase 2 was published November
29, 2005.  When the review and comment periods on the draft and final
federal implementation rules closed, the affected parties could begin to
assess the milestones and begin the planning process.  In 2007 Phase I
was vacated and all areas designated as “Subpart 1” areas were
redesignated in 2009 as either Subpart 2 Marginal or Subpart 2 Moderate
areas.

2(b)	User/Users of the Data 

	The data collected from respondents include attainment demonstrations,
RFP SIP submissions, and RACT SIP submissions.  The attainment
demonstrations indicate what emission reductions are necessary to attain
and maintain the 8-hour Ozone NAAQS.  The RFP SIP describes how the RFP
obligation will be met by the affected non-attainment areas as emission
reductions are phased in over time. The RACT SIP identifies the
assessment of present controls on affected sources of emissions to see
if they meet RACT requirements and identifies where additional measures
and emission reduction requirements are required.  The RACT requirements
can be used to meet RFP requirements. And, the RACT and RFP requirements
can be used to satisfy the emission reduction requirements to attain and
maintain the 8-hour Ozone NAAQS.  The similarities between the RACT and
RFP requirements may be reflected in the attainment demonstration.

	The states use the attainment demonstrations, RFP SIP submissions, and
RACT SIP submissions to inform their citizenry, including potentially
regulated entities.  They also use this information and analysis to
fulfill federal obligations under Title I, Subpart D of the Clean Air
Act and the 8-hour Ozone Implementation Rule.   

	The potentially regulated entities use this information in assessing
future emission reduction requirements.

	The regional and headquarters EPA use the information as part of their
review of attainment demonstration, RFP SIP, and RACT SIP adequacy.  
Emission reducing regulations developed by the states and approved by
the EPA are federally enforceable.   

Non-Duplication, Consultations, and Other Collection Criteria

3(a)	Non-Duplication

	There are 3 parts to the information collection for this ICR: the
attainment demonstration, the RFP SIP submission, and the RACT SIP
submission.

	There are other activities covered by existing ICRs which complement
the activities required for the attainment demonstration, RFP SIP
submission, and RACT SIP submission.  One example is the Consolidated
Emissions Reporting Rule.  Salient ICRs and their titles are identified
below.     

Requirements for Preparation, Adoption, and Submittal of Implementation
Plans

51.121-51.122  NOx SIP Call………………………………2060-0445

51.160-51.166  New Source
Review.......................…….….2060-0003

51.321-51.323  Air Quality Data Reporting………………..2060-0088

51.353-51.354  Inspection/Maintenance……………………2060-0252

51.365-51.366  Inspection/Maintenance……………………2060-0252

Approval and Promulgation of Implementation Plans

52.21 Prevention of Significant Deterioration…..………….2060-0003

Ambient Air Monitoring Reference and Equivalent Methods

53.4
…………………………………………………………2080-0
005

53.9(f),(h),(i)…………………………………………….…..
2080-0005

53.14………………………………………………………...2
080-0005

53.15
………………………………………………………..2080-00
05

53.16(a)-(d),(f)………………………………………………20
80-0005

Outer Continental Shelf Air Regulations

55.4-55.8
…………………………………………………...2060-0249

55.11-55.14
………………………………………………...2060-0249

Ambient Air Quality Surveillance

58.11-58.14
………………………………………………...2060-0084

58.20-58.23
………………………………………………...2060-0084

58.25-58.28
………………………………………………...2060-0084

58.30-58.31
…………………………………………….…..2060-0084

58.33
………………………………………………………..2060-00
84

58.35
………………………………………………………..2060-00
84

58.40-58.41
………………………………………….……...2060-0084

58.43
………………………………………………………..2060-00
84

58.45
………………………………………………………..2060-00
84

58.50
………………………………………………………..2060-00
84

Determining Conformity of Federal Actions to State or Federal
Implementation Plans

91.150-93.160
………………………………………………2060-0279

	Attainment Demonstration.   The attainment demonstration requirement
appears as 40 CFR 51.908 which implements Clean Air Act subsections
172(c)(1), 182(b)(1)(A), and 182(c)(2)(B).  The attainment demonstration
for the 8-hour Ozone NAAQS is unique and does not duplicate other
implementation plan requirements.  However, the states are encouraged to
build upon related implementation planning processes they used for the
1-hour Ozone NAAQS, regional haze rule, and/or PM NAAQS.   Taking such
steps, where appropriate, may reduce the incremental administrative
burden and enable identification of control strategies that achieve
requisite multi-pollutant environmental progress at a lower cost.

	RFP SIP Submission.  This unique requirement is described in 40 CFR
51.910.  Although the RFP submission does not duplicate other plan
requirements, the RFP submission may complement them.  For example, the
emission reductions associated with the RFP SIP may also demonstrate
attainment.  

	The states are encouraged to build upon related analyses for federal
emission reducing rules as well as salient PM NAAQS and regional haze
implementation requirements where appropriate.  Taking such steps may
reduce the incremental administrative burden.   For example, the
temporal and spatial nature of emission reductions associated with the
federal rules may be sufficient to meet the RFP requirements.  Hence,
the need to identify additional emission reductions to meet RFP
requirements may be mitigated in some instances.  

	In addition, states are encouraged, where appropriate, to take into
account similar analyses and planning efforts to meet certain PM NAAQS
and regional haze implementation requirements.  Such actions may result
in RFP plans which achieve requisite multi-pollutant environmental
progress at a lower cost.  

	RACT SIP Submission.  This unique requirement is described in 40 CFR
51.912 which implements CAA subsections 172(c)(1) 182(b)(2),(c),(d), and
(e).  But, it is related to the Best Available Retrofit Technology
(BART) requirement for the regional haze rule and RACT requirements for
the PM NAAQS implementation rule.  The states are encouraged to take
into account these related requirements and analyses where appropriate. 
Taking such steps can reduce administrative burden and foster
achievement of multi-pollutant environmental progress at a lower cost.

3(b)	Public Notice Required Prior to ICR Submission to the Office of
Management and Budget (OMB)

	On April 8, 2010, EPA published a notice announcing its intention to
submit this ICR to the Office of Management and Budget and the
availability of the draft supporting statement.  In that announcement,
EPA sought public comments.  At the end of the 60-day comment period,
EPA has received no public comments.

3(c)	Consultations

	EPA contacted the following respondents to directly solicit comments on
EPA’s proposed ICR renewal: Mr. John Gowins, Kentucky Department of 
Environmental Protection, Division of Air Quality; Ms. Laura Booth,
North Carolina Department of the Environment and Natural Resources, Air
Quality Division and Mr. James Capp, Georgia Department of Natural
Resources, Environmental Protection Division, Air Protection Branch.  No
comments were received.

3(d)	Effects of Less Frequent Collection

	The collections under 40 CFR 51.908, 51.910, and 51.912 are necessary
to provide assurances that identified level of emission reductions are
adequate to ensure timely attainment and maintenance of the Ozone NAAQS
while adhering to the mandatory measures and requirements for Subpart 2
non-attainment areas, as well as former Subpart 1 areas.

3(e)	General Guidelines 

	This ICR adheres to the guidelines stated in the 1995 Paperwork
Reduction Act, the OMB’s implementing regulations, EPA’s Information
Collection Request Handbook, and other applicable OMB guidance.  The
final 8-hour Ozone NAAQS implementation rule does not require:

reporting more than once a year;

respondents to participate in a statistical survey;  

responses to Agency inquiries in less than 30 days;

respondents to receive remuneration for preparation of reports; 

records to be kept more than 3 years,and, 

manual methods of reporting.

3(f)		Confidentiality

	The information is requested from the states.  To fulfill the
attainment demonstration, RFP SIP submission, and RACT SIP submission
requirements, the states will use emissions levels and control
efficiency data provided by certain facilities in the private and public
sector.   This information is available from a variety of sources.   It
is the assimilation and analysis of that data that is required in the
attainment demonstration, RFP SIP submittal, and the RACT SIP submittal.

	There are 19 non-attainment areas that must prepare an attainment
demonstration as well as submit an RFP and RACT SIP and 17
non-attainment areas that will re-designate before the time period
covered by this ICR begins and will thus only need to prepare
recordkeeping reports.  States should already have information from
emission sources, as facilities should have provided this information to
meet 1-hour SIP requirements, operating permits, and/or emissions
reporting requirements.  Such information does not generally reveal the
details of production processes.   But, to the extent it may, the
affected facilities are protected.   Specifically, the completion of the
emissions and control efficiency information that is confidential,
proprietary, and trade secret is protected from disclosure under the
requirements of subsections 503(e) and 114 (c) of the Clean Air Act.

3(g)		Sensitive Information

	The requested attainment demonstration, RFP SIP submission, and RACT
SIP submission do not include questions whose answers would require
sensitive information.

The Respondents and the Information Requested

4(a)	Respondents and the Non-Attainment areas

	Table 1 lists the states and regional offices affected by the
attainment demonstration, RFP SIP submission, and RACT SIP submission
for the 36 non-attainment areas.  Local, state, and federal agencies are
part of the North American Industrial Classification System code number
924110.

	There are other entities that may be indirectly affected, as they may
comment on the draft submissions before they are forwarded to EPA’s
Regional Offices.  These include potentially regulated entities,
representatives of special interest groups, and individuals.  
Consideration of the burden on these entities is beyond the scope of the
Paperwork Reduction Act. 

Table 1.  Classifications of 8-Hour Ozone Non-attainment Areas As of
February 02, 2010  (see http://www.epa.gov/air/oaqps/greenbk/gnc.html) 

n = area has whole or part county or counties in a previous 1-hr Ozone
nonattainment area (as of June 15, 2005) no longer subject to the 1-hour
standard 

m = area has whole or part county or counties in a previous 1-hr Ozone
maintenance area (as of June 15, 2005) no longer subject to the 1-hour
standard 

* = area has whole or part county or counties in a CO, PM-10, or PM-2.5
nonattainment or maintenance area or previous 1-hr Ozone nonattainment
or maintenance area (as of June 15, 2005) 

The 1-hour ozone standard, as well as designations and classifications
for all 1-hour ozone nonattainment and maintenance areas, have been
revoked except for the Greensboro, NC, Nashville, TN, and Denver, CO
maintenance areas. See   HYPERLINK
"http://www.epa.gov/air/oaqps/greenbk/oindex.html"  details here.  

Category/Classification (Attainment Date)

----------------------------------------------------------

SEVERE 17   (June 2021)                                                 
                                        

    Los Angeles-South Coast Air Basin Area, CA   [n*]

SEVERE 15   (June 2019)

    Houston-Galveston-Brazoria Area, TX

SERIOUS   (June 2013)                                                   
                                        

    Riverside County (Coachella Valley) Area, CA  [n*]

    Sacramento Metro Area, CA  [n*]

    San Joaquin Valley Area, CA  [n*]

    Ventura County (part) Area, CA

MODERATE   (June 2010)                                                  
                                        

    Atlanta Area, GA

    Baltimore Area, MD  [n*]

    Baton Rouge Area, LA  [n*]

    Boston-Lawrence-Worcester (E. Mass) Area, MA  [n*]

    Charlotte-Gastonia-Rock Hill Area, NC-SC  [m*]

    Dallas-Fort Worth Area, TX  [n*]

    Greater Connecticut Area, CT  [n*]

    Los Angeles and San Bernardino Cos (W Mojave Desert) Area, CA  [n*]

    New York-N. New Jersey-Long Island Area, CT-NJ-NY  [n*]

    Philadelphia-Wilmington-Atlantic City Area, DE-MD-NJ-PA  [n*]

    Poughkeepsie Area, NY  [n*]

    Springfield (W. Mass) Area, MA  [n*]

    St. Louis Area, IL-MO  [m*]

    Washington Area, DC-MD-VA  [n*]

MARGINAL   (June 2007)

    San Francisco Bay Area, CA  [n*]

FORMER SUBPART 1   (June 2009)                                          
                                               

    Allegan County Area, MI  [m*]

    Amador and Calaveras Counties (Central Mountain Counties) Area, CA

    Buffalo-Niagara Falls Area, NY  [n*]

    Chico Area, CA  [n*]

    Denver-Boulder-Greeley-Ft. Collins-Love. Area, CO

    Essex County (Whitefact Mtn.) Area, NY  [n*]

    Jamestown Area, NY

    Kern County (Eastern Kern) Area, CA  [m*]

    Las Vegas Area, NV  [*]

    Mariposa and Tuolumne Cos (Southern Mountain Counties) Area, CA

    Nevada County (Western part) Area, CA

    Phoenix-Mesa Area, AZ  [m*]

    Pittsburgh-Beaver Valley Area, PA  [m*]

    San Diego Area, CA  [m*]

    Sutter County (part) (Sutter Buttes) Area, CA  [n*] 

	As indicated in Table 1, some areas have non-attainment area segments
in more than one state.  Furthermore, sometimes these multi-state areas
span more than 1 EPA Region.  For example, the
Philadelphia-Wilmington-Atlantic City non-attainment area encompasses
part of Pennsylvania, Maryland, Delaware and New Jersey.   
Pennsylvania, Maryland and Delaware are in EPA Region 3 jurisdiction,
while New Jersey is in EPA Region 2 jurisdiction.   This could increase
the administrative burden of the attainment demonstration, RFP SIP
submission, and RACT SIP submission.

	The numbers of non-attainment areas or parts of areas in each state and
the associated EPA Regional Office are presented in Table 2.  There are
36 non-attainment areas resulting in 39 total areas that are affected by
proposed designations.  These were derived from the January 16, 2009
information at:   HYPERLINK
"http://www.epa.gov/air/oaqps/greenbk/gncs.html" 
http://www.epa.gov/air/oaqps/greenbk/gncs.html .  The numbers of areas
predicted to be in attainment were derived by looking at air quality
model simulation results. 

Table 2.  The Numbers of Non-Attainment Areas or Parts of Areas in Each
State

State or District	No. of Areas or Parts of Areas	EPA Region	No. of
Subpart 1 Areas  	No. of Subpart 2 Moderate Areas 	No. of Subpart 2
Serious Areas 	No. of Subpart 2 Severe-15 Areas 	No. of Subpart 2
Severe-17 Areas 

Arizona	1	9	1	0	0	0	0

California	13	9	7	1	4	0	1

Colorado	1	8	1	0	0	0	0

Connecticut	2	1	0	2	0	0	0

Delaware	1	3	0	1	0	0	0

District of Columbia	1	3	0	1	0	0	0

Georgia	1	4	0	1	0	0	0

Illinois	1	5	0	1	0	0	0

Louisiana	1	6	0	1	0	0	0

Maryland	3	3	0	3	0	0	0

Massachusetts	1	1	0	1	0	0	0

Michigan	1	5	1	0	0	0	0

Missouri	1	7	0	1	0	0	0

Nevada	1	9	1	0	0	0	0

New Jersey	2	2	0	2	0	0	0

New York	1	2	0	1	0	0	0

North Carolina	1	4	0	1	0	0	0

Pennsylvania	2	4	1	1	0	0	0

South Carolina	1	4	0	1	0	0	0

Texas	2	6	0	1	0	1	0

Virginia	1	3	0	1	0	0	0

Total	  =SUM(ABOVE)  39 

  =SUM(ABOVE)  12 	  =SUM(ABOVE)  21 	  =SUM(ABOVE)  4 	  =SUM(ABOVE)  1
	  =SUM(ABOVE)  1 



4(b)	Information Requested

	The information requested under this ICR is prescribed by 40 CFR 51.908
(attainment demonstration), 51.910 (RFP SIP Submission), and 51.912
(RACT SIP Submission).  The implementation framework set forth in the
regulation does not adopt a “one-size-fits all” approach to meeting
the attainment demonstration or RFP and RACT SIP submissions.   This
additional flexibility enables the states to customize, to the extent
allowed by the Clean Air Act, their approach to attaining and
maintaining the 8-hour Ozone NAAQS.

	Data Items.   The emissions and control efficiency data required for
the attainment demonstration, RFP SIP submission, and RACT SIP
submission should have been collected as a result of reporting
activities required by other OMB approved ICRs.  For example, see the
ICR associated with the Consolidated Emissions Reporting Rule:  
HYPERLINK "http://www.epa.gov/ttn/chief/cerr/index.html" 
http://www.epa.gov/ttn/chief/cerr/index.html .  In addition, air
pollutant concentration data is covered already by ICR 0940-22, OMB
Control Number 2060-0084; the New Source Review provisions are covered
by ICR 1230.23, OMB Control Number 2060-003; and the Reformulated
Gasoline Requirements are covered ICR 1951.24, OMB Control Number
2060-0277.

	There may be other data that the states use.   For example, states may
identify economic and population growth rates, federal rules that reduce
future emissions of ozone precursors, and meteorological data.   These
data are presently available.  

	Respondents’ Activities.  The states have compiled data, set forth
the methodology, conducted analyses, developed initial drafts, held
hearings, adopted rules, regulations, and programs, had discussions with
EPA staff as appropriate, refined the draft demonstration and RFP and
RACT SIP submissions as appropriate, adopted the SIP, and forwarded to
EPA. These submitted data and activities have informed EPA’s
designations for this renewal ICR.

	Agency Activities.  EPA staff in the regional offices may facilitate
timely receipt of the attainment demonstration, RFP SIP submission, and
RACT submission by reviewing materials and answering questions from the
states regarding:   requirements, potential data sources, analysis
tools, the draft attainment demonstration and other submissions. The EPA
Regional Offices will evaluate the SIP submissions and take rulemaking
actions to approve or disapprove the SIP revisions. 

	EPA headquarters staff will facilitate information flow amongst the
regions and states to foster timely attainment of acceptable
demonstrations and SIP submissions.

	Reporting Protocols.  The dates for the submissions are set forth in
the final implementation rule (40 CFR 51.508, 51.910, and 51.912).

The Information Collected—Agency Activities, Collection Methodology,
and Information Management

5(a)	States, EPA Regional Offices, and EPA Headquarters Offices

	States:  The states agencies’ activities include:

Forecast baseline emissions, develop and evaluate emission reduction
strategies where warranted, conduct air quality modeling to verify
maintenance and attainment of the 8-hour Ozone NAAQS

Calculate the emission reductions necessary to fulfill RFP requirement,
determine creditable emission reductions, where necessary determine
additional emission reductions and compliance timing to meet RFP
requirement.  Draft findings, hold state hearings, make revisions as
warranted.  Submit RFP SIP to EPA Regional office.  Have discussions
with EPA.

Identify RACT applicable sources and their control measures under
baseline and attainment conditions; and evaluate alternatives.  Draft
findings, hold state hearings, make revisions as warranted.  Submit RACT
SIP to EPA Regional Office.  Have discussions with EPA.

	EPA Regional Offices.  The regional office activities include:

Answering inquiries put forth by the states.

Reviewing data, analysis, and findings of attainment demonstration, RFP
SIP and RACT SIP.

Rulemaking actions approving or disapproving the SIP submissions

	EPA Headquarters.   The EPA headquarters office activities include:

Facilitating information flow and problem solving amongst the regions
regarding demonstrations and submittals from the states

Answering questions regarding application and interpretation of salient
rule provisions.

5(b)	Collection Methodology and Management

	The attainment demonstration and the RFP and RACT SIP submittals will
set forth the data sources and analytical methods, as well as the
emission reduction and air quality improvement verification procedures. 
 

5(c)	Small Entity Flexibility

	For an approved ICR, the Agency must demonstrate that it has taken all
practical steps to develop separate and simplified requirements for
small businesses and other small entities.  See 5 CFR 1320.6(h).  The
8-hour Ozone NAAQS implementation regulation does not provide a direct
administrative burden on small entities.   

5(d)	Collection Schedule

	During the period from August 1, 2010 through July 31, 2013, there are
three sets of scheduled deliverables: attainment demonstration; RFP SIP
submission; and RACT SIP submission.

	Attainment Demonstration.   The demonstration submission date is June
15, 2010 for Subpart 2 designated non-attainment areas which are
classified as moderate and above and for Former Subpart 1 areas that
have been redesignated as either marginal and had not yet attained by
the June 15, 2007 deadline, or as moderate.

	RFP SIP Submission.   The RFP SIP submission date is June 15, 2013 for
former Subpart 1 re-designated as moderate.  However, Subpart 1 areas
that demonstrate attainment as expeditiously as practicable but no more
than 5 years following designation meet RFP.  Subpart 2 designated
non-attainment areas which are classified as moderate or above, have
June 15, 2013 as their RFP SIP submission date.

	RACT SIP Submission.  For Former Subpart 1 designated non-attainment
areas   which demonstrate attainment as expeditiously as practicable,
but no later than 5 years following designation, RACT is met.  For
Former Subpart 1 areas having an attainment date of more than 5 years,
the RACT SIP submission date is June 15, 2010.  For Subpart 2 designated
non-attainment areas which are classified as moderate or above, the RACT
SIP submission date is September 15, 2010.

Estimating the Burden of the Collection

	This section provides information on the cost and hours associated with
the information collection for both the respondents (the affected
states) and the Agency (regional and headquarters offices).  Hours and
costs are presented for the activities associated with each collection
item for a non-attainment area (or segment) in a given state, as well as
the equivalent annual and present value numbers.

6(a)	Estimating Respondent Burden

	The estimated respondent burden is that associated with the activities
which result in the attainment demonstration, RFP SIP submission, and
RACT SIP submission.

	The estimated burden is incremental to that required by other EPA
environmental reporting obligations.  The incremental burden for some
areas may be less than for others.   There are several reasons for this
disparity.   

The severity of the non-attainment problem varies among the designated
areas.

Certain areas or parts of areas may already have developed and
implemented RACT requirements.

Some areas may have future predicted 8-hour ozone design values which
demonstrate attainment in expeditious and practicable fashion, within 5
years of designation, under baseline conditions.

Some areas may fulfill the RFP requirement as a result of creditable
emission reductions resulting from federal rules that reduce ozone
precursor emissions.

	Non-attainment Areas.   The Subpart 1 non-attainment areas definition
was vacated in 2007 after the publication of the 8-hour ozone NAAQS. 
Reclassifications of these areas were proposed and published in the
Federal Register on January 16, 2009 (74 FR 2936).  As of this ICR, six
of the former Subpart 1 areas have submitted redesignation requests and
two areas have published clean data sets and are in attainment.

	There are 36 Subpart 2 and Former Subpart 1 areas.  As a starting point
for developing burden estimates, the Agency looked at the total hours
expended in related EPA level of effort work assignments, exclusive of
the air quality modeling.  The total was about 300 hours in level of
technical effort for areas that plan to redesignate before the 2010
redesignations, 500 hours in technical effort for Former Subpart 1 areas
where the SIPs must be corrected for new classification, 300 hours for
SIP corrections after 1-year attainment date extensions have been
granted, and 1000 hours for SIP corrections by moderate or above
non-attaining areas and areas whose original designation had been
escalated.  The potential scope of that effort was geographically broad
including all non-attainment areas outside AZ, CA, and NV.  Examples of
the specific scope of the effort included:

Design of lower cost control strategies

Examination of alternative emission reduction targets and geographic
areas (e.g., staying in state but going up to 100km for VOC emissions
reductions and up to 200km for NOx emission reductions for some
non-attainment areas)

Assessment of RFP requirements for certain non-attainment areas

Assessment of RACT if there was not a previous requirement

Differences in cost, emission reductions, economic, and energy impacts
looking at alternative frameworks for Phases 1 and 2 of the
Implementation Rule.

	Most of these areas have met previous RACT requirements.  Also, many of
these areas had RFP plans in place for the 1-hour Ozone NAAQS. 
Furthermore, for some of these areas, the RFP requirement is met or
reduced because of creditable emission reductions resulting from federal
rules reducing emissions of volatile organic compounds (VOCs) and/or
nitrogen oxides (NOx).   These activities are related to but do not
precisely mimic the incremental activities undertaken by a state to
fulfill the attainment demonstration including the reasonably available
control measure analysis as well as the RACT SIP, and RFP SIP
submissions for a given non-attainment area.

	Most of this estimated burden would be incurred in the first year. 
This is because of the overlap of emission reductions associated with
the attainment demonstration, RACT requirements and the RFP
requirements.  For example, emission reductions resulting from RACT may
be creditable toward attainment and RFP.  Furthermore, for areas which
are projected to meet the standard by 2010, that demonstration fulfills
the RACT and RFP requirements.  The presumed allocation of total
incremental burden across time is 50% in year 1, 25% in year 2, and 25%
in year 3.  The estimated incremental burden for the non-attainment
areas is presented in Table 3.

	Seventeen of these areas intend to redesignate before the 2010
designations are final, and thus an estimated amount of incremental
burden for these areas is 300 hours per state.  Eight areas must correct
their SIPs after a new classification was granted and 500 hours per
state has been allocated per state.  Four areas must correct their SIPs
after a one-year attainment date extension has been given, and an
estimated burden of 300 hours per state has been allocated to these
areas as well.  Finally, seven areas are required to correct their SIPS
for moderate areas that have since been redesignated at a higher
nonattainment level (such as serious, severe-15, etc.).

Table 3.  Estimated Incremental Burden for the States Attainment
Demonstration, RACT SIP Submission, and RFP SIP Submission.

State	EPA Region	No. of Areas or Parts of Areas	Additional Hours  Year 1
Additional Hours  Year 2	Additional

Hours Year 3

Arizona	9	1	150	75	75

California	9	13	4,550	2,275	2,275

Colorado	8	1	150	75	75

Connecticut	1	2	300	150	150

Delaware	3	1	150	75	75

District of Columbia	3	1	150	75	75

Georgia	4	1	500	250	250

Illinois	5	1	150	75	75

Louisiana	6	1	150	75	75

Maryland	3	3	450	225	225

Massachusetts	1	1	300	150	150

Michigan	5	1	150	75	75

Missouri	7	1	150	75	75

Nevada	9	1	250	125	125

New Jersey	2	2	300	150	150

New York	2	1	750	375	375

North Carolina	4	1	150	75	75

Pennsylvania	3	2	300	150	150

South Carolina	4	1	150	75	75

Texas	6	2	650	325	325

Virginia	3	1	150	75	75

Total	N/A	  =SUM(ABOVE)  39 	  =SUM(ABOVE)  10,000 	  =SUM(ABOVE)  5,000
	  =SUM(ABOVE)  5,000 



6(b)	Estimating Respondent Cost

	Labor costs are estimated for state governments using the total of
projected additional hours for the Former Subpart 1 and Subpart 2 areas.
 These estimates do not reflect staff experience and economies of scale.
 The hourly rates are the result of estimated directed and indirect cost
per employee.   The main source of the information is   HYPERLINK
"http://www.opm.gov/oca/payrates/index.htm" 
http://www.opm.gov/oca/payrates/index.htm 

	The estimated weighted direct salary cost per employee is $41.20 per
hour.   This results from a summation of the professional, managerial,
and support staff components.  

Hourly equivalent 2009 Salary of Permanent Professional Staff at GS 11,
Step 3 is $33.34.   This is the average of hourly equivalent rates for
the San Francisco, CA and Washington, D.C. areas.

To account for permanent managerial staff, 1/11 or 9% of the hourly rate
for GS 13, Step 3 is added to the professional staff hourly rates.  The
average hourly equivalent rate for GS-13 using rates for San Francisco,
CA and Washington, D.C. is $47.51.   Nine percent of that is $4.32.

To account for permanent support staff at GS-6, Step 6, 1/8 or 16% of
the hourly rate is added to the professional staff hourly rates.   The
average hourly equivalent rate for GS-6, Step 6 using rates for San
Francisco, CA and Washington, D.C. is $22.17.  Sixteen percent of that
is $3.55. 

	The estimated hourly indirect cost per employee is $23.90.  This amount
is the sum of the following:

Benefits at 16% of the weighted direct hourly equivalent salary cost per
employee or $6.59.

Sick and annual leave at 10% of the weighted direct hourly equivalent
salary cost per employee or $4.12.

General overhead at 32% of the weighed direct hourly equivalent salary
cost per employee or $13.18.

	

	The estimated total weighted direct and indirect hourly equivalent
salary cost per employee is $65.10.  The estimated total incremental
respondent burden for the attainment demonstration, RACT SIP submittal,
and RFP SIP submittal is provided in Table 4.

Table 4.  Estimated Total Incremental Cost and Hour Burden for the
States (Respondents) to Fulfill the Attainment Demonstration, RACT SIP
Submittal, and RFP SIP Submittal Requirements.

Areas	Additional Cost for Year 1	Additional Cost for Year 2	Additional
Cost for Year 3	Burden for the 3 year ICR period

Former Subpart 1 areas	$198,555	$99,277	$ 99,277	6,100 hours

Subpart 2 areas	$452,445	$226,223	$226,223	13,900 hours

Total	  =SUM(ABOVE) \# "$###,###"  $651,000 	  =SUM(ABOVE) \# "$###,###"
 $325,500 	  =SUM(ABOVE) \# "$###,###"  $325,500 	20,000 hours



6(c)	Estimating Agency Burden and Cost

	The estimated agency burden is derived from the estimates for the
respondents.  Draft estimates were developed by the headquarters staff
with review by regional office staff and subsequent refinement of the
Agency burden and cost estimates.

	The respondent burden was summed by EPA regional offices and a
percentage was applied to the yearly burden estimate to reflect the
actions taken on the part of the regional offices.   Once yearly burdens
were estimated for the Agency’s Regional Offices, a percentage of
those amounts are specified to derive estimates for the Agency’s
Headquarters Office Burdens.  Discussions were held with Regional Office
and Headquarters staff regarding the percentages and resulting burden
estimates.

	Agency Regional Office Burden.  Table 5 summarizes total incremental
respondent burden by Regional Office and provides estimates of total
incremental Agency Regional Office burden.   The summary of total
incremental respondent burden comes from Tables 3 and 4.  The Agency
Regional Office burden is presumed to be 10% of the estimated total
incremental burden for respondent by EPA Regional Office.   The total
incremental burden allocation for the Agency Regional Offices in Table 5
is 50% in year 1, 25% in year 2, and 25% in year 3.

	In discussions with Agency Regional Office staff, they indicated that
the total incremental burden estimates were ballpark.  However, some
regional office staff felt that a more reasonable allocation of total
incremental Agency Regional Office burden would be 37.5% in year 1,
37.5% in year 2, and 25% in year 3.   If that allocation were used, the
corresponding Agency Regional Office burden estimates in years 1, 2, and
3 would be 750; 750; and, 500 respectively.

Table 5.  Estimated Agency Regional Office Burden Derived by Taking 10%
of Regional Respondent Burden Total for Years 1, 2, and 3

EPA Regional Office	Year 1 Respondents’ Burden	Year 1 Agency Reg.
Office  Burden	Year 2 Agency Reg. Office Burden	Year 3 Agency Reg Office
Burden

1	 1,200 	60	30	30

2	 2,100 	105	52.5	52.5

3	 2,400 	120	60	60

4	 1,600 	80	40	40

5	 600 	30	15	15

6	 1,600 	80	40	40

7	 300 	15	7.5	7.5

8	 300 	15	7.5	7.5

9	 9,900 	495	247.5	247.5

Total	  =SUM(ABOVE)  20,000 	1,000	  =SUM(ABOVE)  500 	  =SUM(ABOVE) 
500 



	Agency Headquarters Burden.  The Regional Office burden estimates for
years 1, 2, and 3 are multiplied by 10% to arrive at an estimate for
Headquarters burden for the same 3 years.  Resulting hours for years 1,
2, and 3 are 100, 50, and 50, respectively.   

	Total Incremental Burden for the Agency.   The regional and
headquarters office burden estimate for year 1 is 1,100 hours.   The
estimates for years 2 and 3 are 550 hours each year.

	Total Cost for the Agency.  Using the weighted direct and indirect
salary equivalent hour rate derived in section 6(b), the total
incremental burden hours are multiplied by that rate.   The result is
the total cost estimate for the Agency; see Table 6.

Table 6.  Total Cost Estimate for the Agency

Entity	Year 1	Year 2	Year 3

Regional Office	$65,100	$32,550	$32,550

Headquarters Office	$6,510	$3,255	$3,255

Total Agency Cost	  =SUM(ABOVE) \# "$###,###"  $ 71,610 	  =SUM(ABOVE)
\# "$###,###"  $ 35,805 	  =SUM(ABOVE) \# "$###,###"  $ 35,805 



6(d)	Estimating the Respondent Universe and Total Additional Burden and
Costs

	Title I of the Clean Air Act of 1990 provided a classification system
for 1-hour Ozone NAAQS non-attainment areas along with prescribed
programs and measures for those areas.  In essence, there was no
incremental administrative burden associated with the implementation of
the 1-hour standard associated with discretionary action on the part of
the Agency.   However, with the promulgation of the 8-hour Ozone NAAQS,
the non-attainment designations, and the finalization of Phases 1 and 2
of the Ozone Implementation rule, the Office of Management and Budget
believed there were there were additional administrative burdens by the
Agency.   This ICR attempts to develop estimates of the incremental
burden resulting from the transition from a 1-hour to an 8-hour form of
the standard.   

	The major set of respondents is the states, as they have over 90% of
the estimated additional burden.  There is also burden imposed on the
Regional and Headquarters Offices of the Agency.   Because of the
overlap in work for the attainment demonstration, RACT SIP submittal,
and RFP SIP submittal, most of the cost will be incurred in year 1 of
the 3 year period covered by this ICR.   In the Agency’s roles as
facilitator, compiler, reviewer, and preparer, the estimated burden for
the Agency is also expected to be greater in the 1st year than in the
2nd or 3rd years. 

	The total incremental respondent universe burden and cost estimates are
presented in Table 7.  

Table 7.  Total Incremental Respondent & Agency Universe Burden and Cost
Estimates 

Entity	Average Yearly Burden	3-Year Burden Hours	Present Value of Costs
for 3-Year Burden

States	6,667	20,000	$1.4 million

Agency	 733	 2,200	$ 0.16 million

Total	  =SUM(ABOVE)  7,400 	  =SUM(ABOVE)  22,200 	$1.6 million



*The estimates are in current year (2009) dollars.  Costs for years 2
and 3 are calculated using the equation Present Value = Future Value/ (1
+ interest rate)t ,where “t” is the number of years hence (i.e., 0
for year 1, 1 for year 2, 2 for year 3).  The adjusted values for years
1, 2, and 3 are then summed.

6(e)	Reason for Change in Burden

We are requesting a decrease in burden of 278,666 hours due to the
following factors:

The number of non-attainment areas has decreased as areas have come into
compliance with the standards

The burden associated with the remaining non-attainment areas is less
because of the work they have done previously to comply with the
standards.

	The estimates have been calculated using 2009 dollars and some
assumptions regarding overhead, O&M costs, and capital costs have been
adjusted to meet current guidelines and common procedures for preparing
ICRs.

6(f)	Burden Statement

	The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 171 hours per
response.  Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency.  This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  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.  However, as stated in the November 29, 2005 Federal
Register Notice for the 8-hour Ozone Implementation Rule on page 71,693,
“... the failure to have an approved ICR for this rule does not affect
the statutory obligation for the States to submit SIPs as required under
part D of the CAA.”  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 Number
EPA-HQ-OAR-2003-0079, which is available for online viewing at  
HYPERLINK "http://www.regulations.gov"  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,
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 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.  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.  When 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, D.C. 20503, Attention: Desk
Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-OAR-2003-0079 and OMB Control Number 2060-0594 in any
correspondence.

	

PART B

	This section is not applicable because statistical methods are not used
in data collection associated with the proposed rule.

 Section 51.905(c) and (d), (published in the phase 1 8-hour ozone
implementation rule (69 FR at 23998, April 30, 2004)) set forth
requirements for anti-backsliding purposes for areas designated
attainment for the 8-hour standard.  These provisions require these
areas to submit a 10-year maintenance plan under section 110(a)(1) of
the Clean Air Act (CAA or Act) if they also were a non-attainment area,
or an attainment/unclassifiable area with a section 175A maintenance
plan, under the 1-hour ozone standard.  For purposes of this ICR, 8-hour
attainment areas that were designated nonattainment for the 1-hour
standard immediately prior to 8-hour designation are presumed to have
the same burden that they would have if we did not revoke the 1-hour
standard and the area attained the standard and developed a 10 year
maintenance plan for redesignation to attainment of the 1-hour standard.
 In addition, 8-hour attainment areas that  had section 175A maintenance
plans under the 1-hour standard immediately prior to 8-hour designation
are presumed to have the same burden they would have if we did not
revoke the 1-hour standard and the area had to develop its second
10-year maintenance plan under section 175A of the Act. In either case,
there would also be a public hearing on the projections.  We did not
prepare an ICR for the section 51.905(c) and (d) section 110(a)(1)
maintenance plan requirement.  This requirement was issued under the
Phase 1 final 8-hour Ozone NAAQS implementation rule.  The preamble to
that rule states that the preparation of an ICR is not warranted. 

 Attainment demonstrations as well as RFP and RACT SIP submissions are
viewed as analytical products to some; but are regulations to others. 
In the context of the Paperwork Reduction Act, the attainment
demonstration and RFP and RACT SIP submissions are considered data.

 However, the states may choose to retain the information for more than
3 years.

 However, the states must still submit their attainment demonstration,
RFP SIP, and RACT SIP.

   HYPERLINK "http://www.census.gov/naics"  http://www.census.gov/naics 
 Code number 924110 includes “administration of air & water resources
& solid waste management programs

  In some instances, there are local air pollution control districts
within the states.   These local agencies work in partnership with the
states to facilitate accomplishment of the activities noted below. 

 EPA Contract No.  68-D-00-283; Work Assignments 3-53 and 4-66.

 PAGE   

  PAGE   \* MERGEFORMAT  19 

