
[Federal Register: May 8, 2009 (Volume 74, Number 88)]
[Notices]               
[Page 21680-21682]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my09-72]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0162; FRL-8902-8]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Regional Haze Regulations; EPA ICR No. 1813.07, OMB 
Control No. 2060-0412

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on October 31, 2009. Before submitting the ICR to 
OMB for review and approval, EPA is soliciting comments on specific 
aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before July 7, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0162 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: a-and-r-docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: Agency Information Collection Request Activities: 
Proposed Collection and Comment Request for the Regional Haze 
Regulations Docket, Environmental Protection Agency, Air and Radiation 
Docket and Information Center, Mailcode: 2822T, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460. Please include a total of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0162. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any

[[Page 21681]]

personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov or e-mail. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Mr. Todd Hawes, Air Quality Policy 
Division, Office of Air Quality Planning and Standards, (C539-04), 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-5591; fax number: (919) 541-0824; e-
mail address: hawes.todd@epa.gov.

SUPPLEMENTARY INFORMATION: 

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2003-0162, which is available for online viewing at 
www.regulations.gov, or in person at the Air Docket in the EPA Docket 
Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, 
Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Reading Room is 202-566-1744, and the 
telephone number for the Air Docket is 202-566-1742.
    Use www.regulations.gov to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 
document.

What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act, 
EPA specifically solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does this Apply to?

    Affected entities: Entities potentially affected by this action are 
state, local and tribal air quality agencies; regional planning 
organizations; facilities potentially regulated under the regional haze 
rule.
    Title: Regional Haze Regulations; EPA ICR No. 1813.07, OMB Control 
No. 2060-0412
    ICR numbers: EPA ICR No. 1813.07, OMB Control No. 2060-0412.
    ICR status: This ICR is currently scheduled to expire on October 
31, 2009. 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 in title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, and are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: This ICR is for activities related to the implementation 
of EPA's 1999 regional haze rule, for the time period between October 
31, 2009 and October 30, 2012, and renews the previous ICR. The 
regional haze rule, as authorized by sections 169A and 169B of the 
Clean Air Act (CAA), requires states to develop implementation plans to 
protect visibility in 156 federally-protected Class I areas. Tribes may 
choose to develop implementation plans. For this time period, states 
will be completing their implementation plans to comply with the rule. 
Before any agency, department, or instrumentality of the federal 
government engages in, supports in any way, provides financial 
assistance for, licenses, permits, or approves any activity, that 
agency has the affirmative responsibility to ensure that such action 
conforms to the State Implementation Plan (SIP) required under the 
regional haze rule. An agency may not conduct or sponsor, and a person 
is not required to respond to, a collection of information request 
unless it displays a currently valid OMB control number. The OMB 
control numbers for EPA's regulations in 40 CFR are listed in 40 CFR 
part 9 and 48 CFR chapter 15. Section 176(c) of the CAA (42 U.S.C. 7401 
et seq.) requires that all federal actions conform with the SIP 
requirements. Depending on the type of action, the federal entities 
must collect

[[Page 21682]]

information themselves, hire consultants to collect the information or 
require applicants/sponsors of the federal action to provide the 
information.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 37 
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 which have subsequently changed; 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 ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 859.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 31,841 hours.
    Estimated total annual costs: $1,965,000. This includes an 
estimated burden cost of $1,965,000 and an estimated cost of $0 for 
capital investment or maintenance and operational costs.

Are There Changes in the Estimates From the Last Approval?

    There are only minor revisions to the cost estimates since the last 
renewal of this ICR (July 11, 2006; 71 FR 39104). The last collection 
request anticipated the program progressing from the planning stages to 
implementation. That transition has been somewhat delayed as most 
states were late in getting their implementation plans submitted by the 
December 2007 deadline. Also, the decision by the U.S. Court of Appeals 
for the D.C. Circuit to vacate (on July 11, 2008) and subsequently 
remand (on December 23, 2008) the Clean Air Interstate Rule has added 
much uncertainty to the implementation phase of the program. 
Consequently, the amount of effort anticipated in July 2006 remains the 
same today, and burden estimates are essentially unchanged, except for 
revised labor and wage rates using 2007 cost estimates. Also, in 2006, 
it was estimated that one tribe would submit a SIP; however no tribes 
elected to submit SIPs and the number of respondents has been reduced 
by one.

What is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: April 29, 2009.
Jenny N. Edmonds,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. E9-10763 Filed 5-7-09; 8:45 am]

BILLING CODE 6560-50-P
