October
6,
2000
Note
to
Delores
Evans,
Regulatory
Information
Division
From
William
L.
Johnson,
Ozone
Policies
and
Strategies
Group
Here
is
the
supporting
statement
and
form
OMB
83­
1
which
comprise
the
information
collection
request
(
ICR)
titled
"
Emission
Reporting
Requirements
for
Ozone
SIP
Revisions
(
or
Associated
Federal
Implementation
Plans)
Relating
to
Statewide
Budgets
for
NOx
Emission
to
Reduce
the
Regional
Transport
of
Ozone."
This
is
the
ICR
for
the
establishment
and
implementation
of
an
emissions
trading
program
in
response
to
the
NOx
SIP
call
(
Finding
of
Significant
Contribution
and
Rulemaking
for
Certain
States
in
the
Ozone
Transport
Assessment
Group
Region
for
Purposes
of
Reducing
Regional
Transport
of
Ozone;
Rule,
October
27,
1998,
63
FR
57356).
This
ICR
also
covers
the
burden
for
information
reporting
by
States
under
§
51.122
of
the
NOx
SIP
call.
Although
the
NOx
SIP
call
final
rule
was
promulgated
in
1998,
a
Court
decision
has
stayed
the
implementation
of
the
rule
until
this
year.

A
version
of
this
final
ICR,
which
had
the
agency
number
1857.01,
was
originally
submitted
to
OMB
on
9/
24/
1998.
(
The
current
version
being
submitted
today
has
the
number
1857.02).
It
was
suspended
on
2/
08/
99
in
order
allow
EPA
to
make
revisions
which
OMB
requested.
The
revisions
which
have
been
made
(
also
including
revisions
made
in
response
to
the
proposal
ICR
which
was
submitted
with
the
NOx
SIP
call
proposal
notice
[
November
7,
1997,
62
FR
60318]
)
are
the
following:

1.
The
EPA
has
evaluated
the
indirect
burden
to
entities
other
than
the
22
States.
These
entities
include
owners/
operators
of
facilities
that
will
be
required
to
report
emissions
data
to
respondent
States
as
part
of
this
information
collection.
Under
an
emissions
trading
program,
many
of
these
sources
may
report
data
directly
to
EPA.
This
burden
evaluation
is
included
in
this
ICR
and
has
significantly
increased
the
total
burden
reported
in
the
ICR.
If
States
do
not
submit
acceptable
SIP
revisions,
EPA
will
promulgate
Federal
implementation
plans,
in
which
case
the
indirect
burden
on
States
will
become
a
direct
burden
imposed
by
EPA.
2.
The
original
ICR
covered
22
States
plus
the
District
of
Columbia
(
referred
to
as
23
States.)
Due
to
a
recent
Court
ruling,
Wisconsin
has
been
removed
from
the
NOx
SIP
call,
and
the
ICR
has
been
revised
to
cover
21
States,
plus
the
District
of
Columbia
(
referred
to
as
22
States.)
3.
In
response
to
OMB
comments
on
the
proposal
rule
and
proposed
ICR,
the
Agency
has
reviewed
the
need
for
triennial
collection
of
annual
emissions
data
for
uncontrolled
sources,
as
compared
to
triennial
collection
of
only
ozone
season
data
for
uncontrolled
sources.
As
a
result
of
OMB
comments,
the
Agency
has
omitted
this
requirement
in
the
final
§
51.122
of
the
NOx
SIP
call
rule.
4.
The
Agency
addressed
any
significant
public
comments
on
the
reporting
requirements
in
the
proposed
NOx
SIP
call
and
has
responded
in
the
response
to
comments
document
for
the
rulemaking.
Comments
received,
other
than
those
of
OMB,
did
not
require
any
revision
to
reporting
requirements
(
including
§
51.122)
of
the
NOx
SIP
call
and
have
required
no
change
in
the
ICR.
There
were
no
comments
on
the
NOx
SIP
call
proposal
ICR
other
than
from
OMB.
There
were
no
public
comments
on
the
FIP
proposal
ICR.
Therefore
no
revisions
have
been
made
to
this
final
ICR
due
to
public
comments
other
than
those
of
OMB.

For
your
convenience
we
are
submitting
a
whole
new
package
for
the
ICR
which
was
suspended
on
2/
08/
99.
This
new
package
includes
the
revisions
which
OMB
has
requested.

In
addition
to
the
NOx
SIP
call,
EPA
has
proposed
Federal
implementation
plans
(
FIPs)
that
may
be
needed
if
any
State
fails
to
revise
its
State
implementation
plan
(
SIP)
to
comply
with
the
nitrogen
oxides
(
NOx)
SIP
call.
The
FIPs
would
be
applicable
to
sources
of
emissions
of
nitrogen
oxides
located
within
any
State
that
is
listed
in
40
CFR
51.121
and
for
which
EPA
has
found
that
the
State
has:

(
1)
Failed
to
submit
the
State
implementation
plan
revision
required
by
40
CFR
51.121;
(
2)
Failed
to
submit
such
a
plan
revision
meeting
the
minimum
criteria
in
40
CFR
51.103
and
Appendix
V
of
part
51;
or
(
3)
Submitted
a
plan
revision
that
EPA
has
disapproved
as
not
meeting
the
requirements
of
40
CFR
51.121.

In
these
cases,
the
FIP
will
impose
essentially
the
same
reporting
burden
on
affected
sources
as
would
be
required
by
the
NOx
SIP
call.
The
industry
burden
reported
in
this
ICR
will
be
essentially
the
same
whether
the
burden
is
a
result
of
the
NOx
SIP
call
or
of
FIPs.
The
industry
sources
will
be
required
to
comply
with
reporting
requirements
imposed
either
by
the
State
as
a
result
of
the
NOx
SIP
call
or
imposed
by
the
EPA
through
a
FIP.
Before
EPA
proposed
the
FIP
rule
(
see
"
Federal
Implementation
Plans
to
Reduce
the
Regional
Transport
of
Ozone;
Proposed
Rule,"
October
21,
1998
[
63
FR
56394]),
EPA
prepared
an
Information
Collection
Request
(
ICR)
document
(
ICR
No.
1883.01)
titled
"
Draft
Information
Collection
Request
for
a
Federal
Implementation
Plan
to
Reduce
the
Regional
Transport
of
Ozone"
which
was
submitted
to
the
Office
of
Management
and
Budget
and
was
made
available
on
the
internet
at
http://
www.
epa.
gov/
icr.
EPA
received
no
public
comments
on
this
proposed
FIP
ICR.
The
burden
calculated
in
that
FIP
ICR
has
been
incorporated
into
this
current
ICR,
and
this
ICR
will
serve
as
the
ICR
for
both
the
NOx
SIP
call
and
the
FIP.
This
is
appropriate
because
to
do
otherwise
could
result
in
double
counting
of
the
burden,
since
sources
will
be
subject
to
either
the
NOx
SIP
call
or
a
FIP
and
will
incur
approximately
the
same
record
keeping
and
reporting
burden
in
either
case.
If
all
States
comply
with
the
NOx
SIP
call
requirements,
there
will
be
no
FIPs,
and
all
the
burden
reported
in
this
ICR
will
result
from
the
NOx
SIP
call.
Therefore
this
NOx
SIP
call
ICR
with
EPA
number
1857.02
will
incorporate
and
replace
the
proposed
FIP
ICR
with
EPA
number
1883.01.

If
you
have
question
about
this
package,
you
may
call
me
at
(
919)
541­
5245.
