i
n
t
e
r
o
f
f
i
c
e
M
E
M
O
R
A
N
D
U
M
To:
Tom
Driscoll,
EPA
From:
Beth
Friedman,
EC/
R
Date:
March
22,
2001
Subject:
Response
to
OMB
Comments
on
Subpart
E
ICR
The
purpose
for
this
memo
is
to
address
OMB
comments
on
ICR
no.
1643.04,
Application
Requirements
for
the
Approval
and
Delegation
of
Federal
Air
Toxics
Programs
to
State,
Territorial,
Local
and
Tribal
Agencies
(
S/
L/
T
agencies).
The
OMB
asked
for
a
more
specific
definition
of
the
change
in
burden
related
to
program
adjustments
vs.
program
changes.
In
the
course
of
analyzing
this
issue,
I
determined
that
we
had
made
an
error
in
how
we
calculated
the
burden
and
I
have
revised
the
package
to
reflect
the
correct
calculations.
We
are
now
proposing
an
overall
burden
of
137,549
hours
per
year.

A.
Program
Change
Table
1
summarizes
the
reduction
in
burden
per
occurrence
for
each
of
the
subpart
E
options.
Despite
the
addition
of
the
equivalency
by
permit
option
and
the
inclusion
of
estimated
burden
associated
with
straight
delegation,
the
estimated
combined
burden
of
all
total
events
decreases
from
1,405
hours
to
1,157
hours.
However,
in
calculating
the
estimated
burden
to
sources,
the
universe
of
sources
accepting
delegation
and
the
number
of
standards
for
which
they
seek
delegation
must
also
be
considered.
ICR
No.
1643.04
explains
how
these
factors
are
related
in
estimating
the
burden
of
the
subpart
E
revisions.
Using
a
similar
methodology,
we
created
an
estimated
1996
ICR
burden
as
shown
in
Table
2.
This
number
(
79,950.1
hours
per
year)
differs
slightly
compared
to
the
actual
burden
calculated
in
ICR.
No.
1643.03
(
79,885
hours
per
year),
because
of
slight
differences
in
calculation
methodologies,
but
we
can
use
it
as
a
representative
value
in
calculating
the
effects
of
program
changes
and
adjustments.

Table
3
shows
the
effect
of
changing
the
burden
per
occurrence
while
leaving
the
1996
source
universe
intact.
The
average
burden
in
table
3
is
59,374
hours
per
year,
which
is
a
reduction
of
20,576
hours
per
year
compared
to
the
1996
burden
in
Table
2.
This
reduction
is
the
result
of
a
program
change.
The
subpart
E
revisions
also
added
an
equivalency
by
permit
option,
whose
combined
burden
an
average
of
42,425
hours
per
year
(
see
Table
4).
Therefore,
the
combined
total
program
change
is:
­
20,576
+
42,425
=
21,849
hours
per
year.
2
B.
Program
Adjustment
The
program
adjustment
burden
results
from
two
changes.
The
first
change
results
from
the
fact
that
the
1996
ICR
did
not
estimate
burden
for
S/
L/
Ts
requesting
straight
delegation
of
the
section
112(
d)
standards.
We
now
believe
that
70
percent
of
the
S/
L/
Ts
will
use
straight
delegation
for
100
percent
of
their
standards
and
the
remaining
agencies
will
use
straight
delegation
for
a
percentage
of
the
standards
they
request.
Because
this
is
a
crucial
component
of
subpart
E,
we
feel
its
omission
in
the
previous
ICR
was
an
error
that
we
need
to
correct
with
this
ICR.
As
shown
in
table
4,
the
average
annual
burden
associated
with
straight
delegation
is
46,748
hours.

The
second
program
adjustment
change
results
from
different
assumptions
regarding
the
number
of
S/
L/
T
agencies
participating
in
the
subpart
E
program
and
the
number
of
standards
that
they
choose
to
accept
delegation
for.
When
the
original
subpart
E
regulations
were
first
promulgated
in
1993,
many
S/
L/
Ts
chose
not
to
request
approval
to
adjust
or
substitute
their
requirements
or
programs,
because
they
found
subpart
E
too
cumbersome
to
use.
With
the
amendments
to
subpart
E,
we
created
a
new
delegation
option
(
equivalency
by
permit)
and
also
increased
the
flexibility
for
S/
L/
Ts
to
use
any
of
the
other
options.
We
believe
that
because
of
these
changes,
more
S/
L/
Ts
will
volunteer
to
accept
delegation
using
subpart
E.
The
1996
ICR
assumed
that
only
40
percent
of
State
and
territorial
agencies
and
25
percent
of
local
agencies
would
submit
subpart
E
applications.
In
contrast,
we
now
anticipate
100
percent
participation
of
the
127
S/
L/
Ts
through
at
least
one
of
the
delegation
options.

The
1996
ICR
also
assumed
that
S/
L/
Ts
would
only
request
equivalency
demonstrations
for
one
or
two
section
112(
d)
standards
per
year.
In
contrast,
we
believe
the
S/
L/
Ts
will
request
delegation
for
100
percent
of
the
35
section
112(
d)
standards
we
estimate
will
be
promulgated
for
each
year
in
the
3­
year
approval
period.
We
also
think
that
all
of
the
S/
L/
Ts
will
take
delegation
of
the
section
112(
r)
accident
release
prevention
program
during
the
3­
year
period
in
contrast
to
the
two
occurrences
per
year
estimated
in
the
1996
ICR.
Finally,
we
believe
that
the
bulk
of
the
delegations
will
occur
through
straight
delegation,
rule
substitution,
and
equivalency
by
permit.
Table
5
shows
the
effect
of
changing
the
source
universe
to
accommodate
these
assumptions.
The
burden,
48,352
hours
per
year,
is
a
reduction
compared
to
the
burden
in
1996
for
the
same
set
of
options
as
shown
in
Table
3
(
59,374
hours
per
year).
The
reduction
is
11,022.

The
overall
program
adjustment
is:
­
11,022
+
46,748
=
35,726
hours
per
year.

C.
Overall
Change
in
Burden
The
total
change
in
burden
is
57,575
hours
per
year,
with
38
percent
from
program
changes
and
62
percent
from
program
adjustments.
If
we
apply
these
percentages
to
the
"
real"
burden
reduction
based
on
the
actual
1996
burden
estimates
(
57,664),
the
program
change
is
21,912
hours
and
the
program
adjustment
is
35,752
hours.
3
Table
1.
Comparison
of
Burden
per
Occurrence
(
2000
vs.
1996
ICR's)

ICR
1643.04
ICR
1643.02
Revised
Subpart
E
Regulatory
Requirement
(
2000)
Estimated
total
hours
per
occurrence
Subpart
E
Regulatory
Requirement
(
1993)
Estimated
total
hours
per
occurrence
§
63.91
(
Overall
approval)
95.0
§
63.91
(
Overall
approval)
188.6
§
63.91
(
Straight
delegation)
11.5
§
63.91
(
Straight
Delegation)
0.0
§
63.92
(
Rule
adjustment)
91.8
§
63.92
(
Rule
adjustment)
55.2
§
63.93
(
Rule
substitution)
263.0
§
63.93
(
Rule
Substitution)
310.5
§
63.97
(
One­
time
approval)
74.8
No
equivalent
requirement
0.0
§
63.97
(
Program
approval)
222.8
§
63.94
(
Program
Approval)
212.8
§
63.94
(
One­
time
approval)
23.0
No
equivalent
requirement
0.0
§
63.94
(
Equivalency
by
permit)
189.5
No
equivalent
requirement
0.0
§
63.95
(
Accidental
Releases)
71.0
§
63.95
(
Accidental
Releases)
17.3
§
63.96
(
Review
and
Withdrawl)
115.0
§
63.96
(
Review
and
Withdrawl)
621.0
Total
1157.4
Total
1405.3
4
Table
2.
Total
Annual
Burden
for
Respondents
(
1996
burden/
occurrence,
1996
source
universe)
Person­
Hours
Year
Year
1
Year
2
Year
3
Total
Option
(
hr/
yr)
(
hr/
yr)
(
hr/
yr)
(
hr/
yr)

Overall
Approval
to
Receive
Delegation
(
§
63.91)
39,647.7
39,647.7
39,647.7
118,943.1
Straight
Delegation
(
§
63.91)

Rule
Adjustment
Option
(
§
62.92)
4,629.2
4,629.2
4,629.2
13,887.7
Rule
Substitution
Option
(
§
63.93)
26,082.0
26,082.0
26,082.0
78,246.0
Equivalency
by
Permit
Option
(
§
63.94)
(
One­
Time
Application)

Equivalency
by
Permit
Option
(
§
63.94)
(
Per
MACT)

State
Program
Approval
(
§
63.97)
(
One­
Time
Application)

State
Program
Approval
(
§
63.97)
(
Per
MACT)
8,935.6
8,935.6
8,935.6
26,806.8
Accidental
Release
Prevention
Program
(
§
63.95)
34.6
34.6
34.6
103.8
EPA
Review
and
Withdrawal
(
§
63.96)
621.0
621.0
621.0
1,863.0
Total
79,950.1
79,950.1
79,950.1
239,850.3
Average/
yr
79,950.1
5
Table
3.
Total
Annual
Burden
for
Respondents
(
2000
burden/
occurrence,
1996
source
universe)
Person­
Hours
Year
Year
1
Year
2
Year
3
Total
Option
(
hr/
yr)
(
hr/
yr)
(
hr/
yr)
(
hr/
yr)

Overall
Approval
to
Receive
Delegation
(
§
63.91)
19,971.0
19,971.0
19,971.0
59,913.0
Straight
Delegation
(
§
63.91)
0.0
0.0
0.0
0.0
Rule
Adjustment
Option
(
§
62.92)
7,698.6
7,698.6
7,698.6
23,095.8
Rule
Substitution
Option
(
§
63.93)
22,092.0
22,092.0
22,092.0
66,276.0
Equivalency
by
Permit
Option
(
§
63.94)
(
One­
Time
Application)
0.0
0.0
0.0
0.0
Equivalency
by
Permit
Option
(
§
63.94)
(
Per
MACT)
0.0
0.0
0.0
0.0
State
Program
Approval
(
§
63.97)
(
One­
Time
Application)
0.0
0.0
0.0
0.0
State
Program
Approval
(
§
63.97)
(
Per
MACT)
9,355.5
9,355.5
9,355.5
28,066.5
Accidental
Release
Prevention
Program
(
§
63.95)
142.0
142.0
142.0
426.0
EPA
Review
and
Withdrawal
(
§
63.96)
115.0
115.0
115.0
345.0
Total
59,374.1
59,374.1
59,374.1
178,122.3
Average/
yr
59,374.1
6
Table
4.
Total
Annual
Burden
for
Respondents
(
2000
burden/
occurrence,
2000
source
universe)
Person­
Hours
Year
Year
1
Year
2
Year
3
Total
Option
(
hr/
yr)
(
hr/
yr)
(
hr/
yr)
(
hr/
yr)

Overall
Approval
to
Receive
Delegation
(
§
63.91)
12,077.9
0.0
0.0
12,077.9
Straight
Delegation
(
§
63.91)
46,747.5
46,747.5
46,747.5
140,242.5
Rule
Adjustment
Option
(
§
62.92)
91.8
91.8
91.8
275.4
Rule
Substitution
Option
(
§
63.93)
38,924.0
38,924.0
38,924.0
116,772.0
Equivalency
by
Permit
Option
(
§
63.94)
(
One­
Time
Application)
851.0
0.0
851.0
1,702.0
Equivalency
by
Permit
Option
(
§
63.94)
(
Per
MACT)
41,857.4
41,857.4
41,857.4
125,572.2
State
Program
Approval
(
§
63.97)
(
One­
Time
Application)
74.8
0.0
0.0
74.8
State
Program
Approval
(
§
63.97)
(
Per
MACT)
2,227.5
2,227.5
2,227.5
6,682.5
Accidental
Release
Prevention
Program
(
§
63.95)
6,745.2
2,272.0
0.0
9,017.2
EPA
Review
and
Withdrawal
(
§
63.96)
0.0
0.0
230.0
230.0
Total
149,597.1
132,120.2
130,929.2
412,646.5
Average/
yr
137,548.8
7
Table
5.
Total
Annual
Burden
for
Respondents
(
2000
burden/
occurrence,
2000
source
universe,
1996
"
options")
Person­
Hours
Year
Year
1
Year
2
Year
3
Total
Option
(
hr/
yr)
(
hr/
yr)
(
hr/
yr)
(
hr/
yr)

Overall
Approval
to
Receive
Delegation
(
§
63.91)
12,077.9
0.0
0.0
12,077.9
Straight
Delegation
(
§
63.91)

Rule
Adjustment
Option
(
§
62.92)
91.8
91.8
91.8
275.4
Rule
Substitution
Option
(
§
63.93)
38,924.0
38,924.0
38,924.0
116,772.0
Equivalency
by
Permit
Option
(
§
63.94)

(
One­
Time
Application)

Equivalency
by
Permit
Option
(
§
63.94)

(
Per
MACT)

State
Program
Approval
(
§
63.97)
(
One­
Time
Application)

State
Program
Approval
(
§
63.97)
(
Per
MACT)
2,227.5
2,227.5
2,227.5
6,682.5
Accidental
Release
Prevention
Program
(
§
63.95)
6,745.2
2,272.0
0.0
9,017.2
EPA
Review
and
Withdrawal
(
§
63.96)
0.0
0.0
230.0
230.0
Total
60,066.4
43,515.3
41,473.3
145,055.0
Average/
yr
48,351.7
