EPA
United
States
Environmental
Protection
Agency
Office
of
Air
and
Radiation
Office
of
Air
Quality
Planning
and
Standards
Innovative
Strategies
and
Economics
Group
Operating
Permits
Group
June,
2004
INFORMATION
COLLECTION
REQUEST
FOR
PART
71
FEDERAL
OPERATING
PERMIT
REGULATIONS
prepared
by
Arturo
D.
Rios,
Economist
Daniel
Charles
Mussatti,
Senior
Economist
Innovative
Strategies
and
Economics
Group
Air
Quality
Strategies
and
Standards
Division
and
A.
Scott
Voorhees,
Environmental
Scientist
Operating
Permits
Group
Information
Transfer
and
Program
Integration
Division
EPA
#
1713.05
E­
1
Executive
Summary
Title
V
of
the
Clean
Air
Act
requires
States
to
develop,
administer
and
enforce
operating
permit
programs
that
comply
with
title
V
and
requires
EPA
to
stand
ready
to
issue
Federal
operating
permits
when
States
fail
to
perform
this
duty.
The
part
71
program
is
a
Federal
operating
permits
program
for
these
situations,
as
well
as
for
sources
located
in
Indian
Country
and
Outer
Continental
Shelf.
For
any
existing
rule,
§
3507(
g)
of
the
Paperwork
Reduction
Act
limits
how
long
a
Director
may
approve
a
collection
of
information
to
3
years.
On
October
25,
2001,
OMB
approved
the
ICR
for
part
71
(
OMB
number
2060­
0336,
EPA
tracking
number
1713.04).
That
ICR
is
due
to
expire
on
October
31,
2004.
This
ICR
is
a
renewal
of
the
October
2001
ICR.

TABLE
E­
1
BURDEN
CHANGE
FROM
2001
ICR
TO
CURRENT
ICR
(
in
hours)

Average
Annual
Burden
in
2001
ICR
Renewal
Average
Annual
Burden
in
Current
ICR
Renewal
Difference
Indian
Country
Sources
15,323
24,077
8,754
Federal
74,329
36,392
(
37,937)

TOTAL
89,652
60,469
(
29,183)

This
ICR
represents
a
reduction
in
expected
burden
of
over
30
percent
of
that
reported
in
the
October
2001
ICR,
even
though
the
burden
associated
with
Indian
country
sources
increases
by
almost
60
percent.
Table
E­
1
displays
the
expected
annual
burden
and
the
expected
change
in
annual
burden
for
sources
and
the
Federal
government
for
implementation
of
the
title
V
Federal
Operating
Permits
Program
between
October
2004
and
October
2007.
In
the
October
2001
ICR,
the
Agency
estimated
the
annualized
burden
to
Indian
country
sources
at
15
thousand
hours.
The
current
ICR
estimates
the
annualized
burden
to
Indian
country
sources
at
24
thousand
hours
due
to
the
increase
in
the
number
of
sources
already
permitted
from
30
to
95.
The
2001
ICR
included
3,179
sources
while
this
update
expects
1,717
sources
will
be
effected,
including
the
95
in
Indian
Country
previously
mentioned,
10
Outer
Continental
Shelf,
and
1,612
E­
2
sources
in
State
or
local
jurisdictions.
The
Agency
estimated
the
total
3­

year
Federal
burden
for
administrating
a
part
71
permit
program
at
223
thousand
hours
in
the
last
ICR
(
74
thousand
hours
annually),
while
this
update
predicts
almost
half
of
that,
109
thousand
hours
(
36
thousand
hours
annually).
Because
the
cost
per
hour
for
the
2001
ICR
and
this
update
are
fundamentally
the
same,
the
reduction
in
burden
translates
directly
into
a
similar
reduction
in
costs.
CONCLUSION:

This
ICR
represents
a
DECREASE
IN
BURDEN,
relative
to
the
Federal
Operating
Permits
Program's
prior
ICR.

Because
this
ICR
represents
a
decrease
in
burden,
the
Agency
determined
there
is
NO
SIGNIFICANT
IMPACT
ON
A
SUBSTANTIAL
NUMBER
OF
SMALL
ENTITIES.
Table
of
Contents
Executive
Summary
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
E­
1
1.
Identification
of
the
Information
Collection
.
.
.
.
.
.
.
.
.
.
.
.
.
1
2.
Need
and
Use
of
the
Collection
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
3
3.
Non­
Duplication,
Consultation,
and
Other
Collection
Criteria
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
5
4.
The
Respondents
and
the
Information
Requested
.
.
.
.
.
.
.
.
7
5.
The
Information
Collected
­
Collection
Methodology,
and
Information
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
9
6.
Estimating
the
Burden
and
Cost
of
the
Collection
.
.
.
.
.
.
.
11
Attachment
1
The
Statutory
Requirements
for
Respondent
Information
.
29
Attachment
2
March
23,
2004
Federal
Register
Notice
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
41
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
1
22
August
2005
This
analysis
is
titled:
"
Information
Collection
Request
For
Part
71
Federal
Operating
Permit
Regulations".
It
fulfills
the
Agency's
requirements
under
the
Paperwork
Reduction
Act
(
PRA)
to
determine,
report,
and
periodically
update
the
regulatory
burden
associated
with
the
Federal
Operating
Permits
Program,

codified
in
section
40
of
the
Code
of
Federal
Regulations
(
40
CFR)
part
71.
It
has
been
assigned
EPA
tracking
number
ICR
#

1713.05
and
OMB
tracking
number
2060­

0336.

The
part
71
program
is
a
Federal
operating
permits
program
implemented
for
sources
located
in
Indian
Country,
Outer
Continental
Shelf
sources,
sources
where
the
EPA
has
objected
to
their
part
70
permits,
and
for
State,
local
or
Tribal
jurisdictions
that
have
failed
to
adequately
administer
or
enforce
their
part
70
programs.
Title
V
of
the
Clean
Air
Act
imposes
on
States
and
local
districts,
the
duty
to
develop,

administer
and
enforce
operating
permit
programs
which
comply
with
title
V
and
requires
EPA
to
stand
ready
to
issue
Federal
operating
permits
when
States
fail
to
perform
this
duty.
Section
502(
b)
of
the
Act
requires
EPA
to
promulgate
regulations
setting
forth
provisions
under
which
States
will
develop
operating
permit
programs
and
submit
them
to
EPA
for
approval.

Pursuant
to
this
section,
EPA
promulgated
40
CFR
part
70
on
July
21,

1992
(
57
FR
32250)
which
specifies
the
minimum
elements
of
State
operating
permit
programs.

Pursuant
to
regulations
promulgated
by
EPA
on
February
19,
1999
(
64
FR
8247)
EPA
has
authority
to
establish
part
71
programs
within
Indian
Country
and
EPA
began
administering
the
program
in
Indian
country
on
March
22,
1999.
Since
many
Indian
tribes
lack
the
resources
and
capacity
to
develop
operating
permit
programs,
EPA
will
administer
and
enforce
part
71
programs
in
the
areas
that
comprise
Indian
Country
in
order
to
protect
the
air
quality
of
areas
under
tribal
jurisdiction.
1
Identification
of
the
Information
Collection
1.1
Title
EPA
TRACKING
NUMBER:
1713.05
OMB
TRACKING
NUMBER:
2060­
0336
1.2
Description
1.2.1
Permanent
Programs
for
Tribes
and
OCS
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
2
22
August
2005
The
EPA
intends
to
protect
tribal
air
quality
through
the
development
of
implementation
plans,
permits
programs
and
direct
assistance
to
tribes
in
developing
comprehensive
and
effective
air
quality
management
programs.

The
EPA
will
consult
with
tribes
to
identify
their
particular
needs
for
air
program
development
assistance
and
will
provide
ongoing
assistance
as
necessary.
There
are
approximately
95
sources
in
Indian
country
that
require
part
71
permits.

EPA
is
the
permitting
authority
for
sources
beyond
25
miles
(
40
km)
of
the
States'
seaward
boundaries
(
Outer
Continental
Shelf
or
OCS),
and
the
provisions
of
part
71
apply
to
the
permitting
of
those
sources,
as
well.

There
may
be
as
many
as
10
OCS
sources
that
fall
under
the
jurisdiction
of
the
Federal
program.

Section
502(
i)(
4)
of
the
Act
requires
EPA
to
promulgate,
administer,
and
enforce
a
part
71
program
for
a
State
within
two
years
if
a
determination
has
been
made
that
an
operating
permits
program
for
the
State
is
not
being
adequately
administered
or
enforced.
Pursuant
to
regulations
promulgated
by
EPA
on
July
1,
1996
(
61
FR
34202)
EPA
has
authority
to
establish
part
71
programs
if
States
fail
to
perform
their
permitting
duties.

For
the
3­
year
period
covered
by
this
ICR,
it
is
possible
that
a
small
number
of
permitting
authorities
(
PA)
could
have
their
programs
administered
by
EPA.
A
hypothetical
subset
of
4
PAs
forms
the
basis
for
this
ICR's
State
and
local
program
component.
1.2.2
Temporary
Programs
in
State
and
Local
Areas
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
3
22
August
2005
To
ensure
the
continued
improvement
of
air
quality
in
the
United
States,

State
and
local
permitting
authorities
(
PAs)
must
develop
air
pollution
management
programs
and
submit
them
to
EPA
for
approval
(
section
502(
d)).
Each
air
pollution
source
subject
to
a
State's
program
must
then
submit
an
operating
permit
application
to
the
PA,
describing
those
pollution
control
requirements
to
which
it
is
subject.
Once
approved,
the
source
must
renew
its
permit
every
five
years.
Permit
applications
and
proposed
permits
will
be
provided
to,
and
are
subject
to
review
by,
EPA
(
section
505(
a)).
The
permit
and
all
information
submitted
by
a
source
shall
be
available
for
public
review
except
for
confidential
information
which
will
be
protected
from
disclosure
(
section
503(
e))
and
the
public
shall
be
given
public
notice
of,
and
an
opportunity
for
comment
on,
permit
actions
(
section
502(
b)(
6)).
Sources
will
submit
compliance
monitoring
reports
to
the
permitting
authorities
semi­
annually
(
section
504(
a)).
The
EPA
has
the
responsibility
to
oversee
implementation
of
the
program
(
section
502(
d)(
3)).
A
copy
of
sections
502
through
504
of
title
V
of
the
Act
are
in
Attachment
1.

For
EPA
to
carry
out
its
required
oversight
function
of
reviewing
proposed
permits
and
permit
revisions
and
assuring
adequate
implementation
of
the
program,
it
must
have
available
to
it
information
on
permit
applications
and
issuance,
permit
revisions
and
renewals,
and
source
data
reports.
The
burden
estimates
included
in
this
ICR
provides
emissions,
source,
and
control
information
for
the
title
V
program.

The
information
included
in
this
ICR
is
based
upon
the
best
data
available
to
the
Agency
at
this
time.
However,
inconsistencies
in
PA
reporting
techniques,
incomplete
data
sets,
and
sampling
limitations
imposed
upon
the
Agency
by
the
Paperwork
Reduction
Act
necessitated
a
certain
amount
of
extrapolation
and
"
best­
guess"
estimations
by
PA
and
Agency
experts.

Consequently,
the
reader
should
not
consider
the
conclusions
to
be
an
exact
representation
of
the
level
of
burden
or
cost
that
will
occur
during
the
three
years
of
this
ICR.
Instead,
this
ICR
should
be
considered
a
2
Need
and
Use
of
the
Collection
2.1
Need
/
Authority
for
the
Collection
2.2
Practical
Utility
/
Users
of
the
Data
2.3
Caveats
and
Considerations
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
4
22
August
2005
directionally
correct
assessment
of
the
impact
the
Federal
Operating
Permits
Program
will
have
over
the
next
three
years.

Throughout
this
ICR,
the
reader
will
observe
estimated
values
that
show
accuracy
to
the
single
hour
or
dollar.
However,
reporting
values
at
the
single
unit
level
can
be
misleading.
In
most
situations,
the
proper
way
to
present
estimated
data
would
be
to
determine
an
appropriate
level
of
precision
and
truncate
values
accordingly,
usually
in
terms
of
thousands
or
millions
of
units.
For
instance,
a
spreadsheet
generated
estimation
of
$
5,456,295
could
be
presented
in
the
text
as
$
5.5
(
millions)
or
$
5,456
(
thousands).
One
problem
with
such
an
approach
is
the
loss
of
data
richness
when
the
report
contains
a
mixture
of
very
large
and
very
small
numbers.
Such
was
the
case
with
this
ICR,
where
source
values
are
consistently
in
the
millions
and
Federal
values
in
the
tens
of
thousands.

Consequently,
to
avoid
the
loss
of
information
through
rounding,
this
ICR
reports
all
values
at
the
single
unit
level
and
reminds
the
reader
that
there
is
no
implied
precision
inherent
in
this
style
of
reporting.
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
5
22
August
2005
The
need
for
the
data
required
by
the
part
70
and
part
71
operating
permits
programs
has
been
well
documented
in
prior
ICRs
for
both
programs.

While
much
of
the
information
requested
under
this
ICR
existed
prior
to
the
creation
of
the
operating
permits
program,
an
operating
permit
is
a
compilation
of
existing
requirements;
the
purpose
being
to
bring
all
requirements
applicable
to
a
source
into
one
document.
The
intent
of
this
compilation
is
to
(
1)
resolve
any
questions
of
applicability
at
the
time
of
permit
issuance,
(
2)
provide
certainty
to
sources
as
to
their
obligations,
and
(
3)
provide
the
public
access
to
a
source's
obligations
and
compliance
status.
The
Agency
cannot
ignore
its
requirement
for
such
previously
existing
information
under
this
ICR
since
consolidation
of
the
information
into
the
operating
permit
and
providing
public
access
is
the
whole
purpose
of
the
statute.
To
the
extent
that
similar
information
was
previously
collected
(
e.
g.,
State
permits
under
State
plans),
the
program
may
replace
those
activities
and
avoid
duplication
of
efforts.

For
any
existing
rule,
§
3507(
g)
of
the
PRA
limits
how
long
a
Director
may
take
to
approve
a
collection
of
information
to
3
years.
On
May
31,
1997,

OMB
approved
the
ICR
for
part
71
(
OMB
number
2060­
0336,
EPA
tracking
number
1713.03).
That
ICR
was
renewed
on
October
31,
2001
(
EPA
tracking
number
1713.04),
and
is
due
to
expire
on
October
31,
2004.

This
ICR
is
a
renewal
of
the
October
31,
2001
ICR.

Except
for
information
collection
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
comment
on
each
proposed
information
collection,
including
the
renewal
or
modification
of
any
existing
ICR.
On
March
23,
2004,
(
69
FR
13522)
EPA
published
a
notice
soliciting
comment
on
an
analysis
of
burden
for
the
part
71
program
for
the
3­
year
period
of
this
ICR
(
i.
e.,
November
1,
2004
to
October
31,
2007).

No
comments
were
received.
A
copy
of
the
March
2004
notice
is
included
in
this
ICR
as
Attachment
2.
3
Non­
Duplication,
Consultation,
and
Other
Collection
Criteria
3.1
Non­
Duplication
3.2
Public
Notice
Requirements
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
6
22
August
2005
The
current
ICR
was
prepared
and
derived
using
the
same
burden
by
activity
estimates
from
the
part
70
2001
ICR.
In
preparing
the
2001
ICR,

EPA
worked
closely
with
experts
from
EPA
regional
offices
and
within
PA's
offices
to
obtain
estimates
of
the
burden
of
the
various
activities
associated
with
the
part
70
program.

In
general,
collection
of
the
information
included
in
this
ICR
occurs
once
per
activity
(
e.
g.,
permit
application
or
permit
issuance).
Periodic
activities
include
a
semi­
annual
compliance
monitoring
data
report
and
an
annual
compliance
certification
from
each
source
required
by
section
503(
b)(
1)

and
(
2),
respectively,
of
the
Act.
EPA
has
no
leeway
to
require
less
frequent
reporting.

The
CAA
requires
retention
of
all
monitoring
data
and
support
information
and
all
permit
applications,
proposed
permits,
and
final
permit
records
for
a
period
of
5
years.
These
records
are
necessary
to
fulfill
the
intent
of
title
V
to
assure
compliance
with
applicable
requirements.
Questions
regarding
the
obligations
of
a
source
and
its
status
of
compliance
can
be
resolved
through
such
records.

All
information
related
to
the
permitting
of
sources
under
this
program
and
related
to
compliance
monitoring
are
required
by
section
503(
e)
of
the
Act
to
be
subject
to
public
review
at
all
times.
Information
entitled
to
protection
under
114(
c)
of
the
Act
may
be
required
to
be
submitted
directly
to
EPA.
Such
information
will
be
stored
in
EPA's
Confidential
Business
Information
office.
3.3
Consultations
3.4
Effects
of
Less
Frequent
Collection
3.5
General
Guidelines
3.6
Confidentiality
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
7
22
August
2005
Respondents
to
this
information
collection
come
from
sources
of
pollution
in
Indian
Country
and
sources
within
State
or
local
PAs.
For
the
purposes
of
this
ICR,
the
Agency
identified
95
source
permits
in
Indian
country.

There
are
4
hypothetical
state
and
local
PA
areas
where
EPA
could
implement
the
permit
program
included
in
this
ICR.
It
is
assumed
that
these
four
PA's
represent
a
100,
a
300,
a
500,
and
a
700
source
agency
for
a
total
of
1,600
permits.
It
is
also
assumed
that
10
OCS
sources
fall
within
EPA's
jurisdiction.

All
activities
associated
with
the
operating
permits
program
are
considered
part
71
information
collection
activities
and
are
reflected
in
this
ICR.
The
following
are
lists
of
the
data
items
submitted
by
sources
and
permitting
authorities
for
the
latest
ICR
for
part
70.
These
activities
represent
the
Agency's
best
representation
of
the
burdens
experienced
by
sources
and
PAs
for
part
70
and
71
requirements.

Under
Operating
Permits
rules,
the
following
data
items
must
be
submitted
by
PAs
to
the
EPA:

1.
Applications
for
permits,
permit
revisions,
and
permit
renewals
2.
Draft
/
proposed
permits,
permit
revisions,
or
permit
renewals
3.
Final
permits
4.
Annual
reports
of
enforcement
activities
5.
Semi­
annual
reports
on
compliance
monitoring
For
the
permanent
program
for
Indian
country
and
OCS
sources,
these
submittals
are
not
necessary
because
the
Agency
assumes
the
role
of
PA
under
part
71.
Similarly,
the
Agency
does
not
need
a
formal
submittal
for
State
and
local
PA
programs
if
the
EPA
manages
this
program
itself.

However,
if
the
Agency
delegates
management
of
a
part
71
program
back
to
the
State
or
local
governmental
agency,
these
data
would
need
to
be
provided
to
the
EPA
to
fulfill
its
oversight
function.
4
The
Respondents
and
the
Information
Requested
4.1
Respondents
4.2
Information
Requested
4.2.1
Required
Data
Items
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
8
22
August
2005
Under
Operating
Permit
rules,
the
following
data
items
must
be
submitted
by
sources
to
PAs:

1.
Applications
for
permits,
permit
revisions,
and
permit
renewals
2.
Semi­
annual
periodic
monitoring
reports
3.
Annual
compliance
certification
reports
Because
the
Agency
assumes
the
role
of
the
PA
under
part
71,
sources
will
submit
these
data
directly
to
the
EPA
for
action.
Attachment
1
includes
these
statutory
requirements
for
reference
purposes.
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
9
22
August
2005
For
the
permanent
part
of
the
Federal
Operating
Permits
program,
EPA
will
receive
data
from
sources
in
much
the
same
manner
as
that
established
for
sources
reporting
to
PAs
in
the
part
70
program.
For
State
and
local
PA
programs
delegated
back
to
the
PA
under
part
71,
EPA
will
receive
copies
of
each
permit
application
(
including
any
application
for
permit
modification),
each
proposed
permit,
and
each
final
part
71
permit
in
hard
copy
or
electronically,
depending
on
delegate
agency
capability.
Each
EPA
Regional
Office
will
work
with
their
delegate
agencies
(
if
any)
to
determine
the
most
efficient
system
to
exchange
information.
In
the
case
of
a
nondelegated
State
and
local
part
71
program,
the
EPA
will
retain
copies
of
each
permit
application
(
including
any
application
for
permit
modification),

each
draft
permit,
and
each
final
part
71
permit.

Title
V
provides
few
ways
to
mitigate
the
effects
of
operating
permit
regulations
on
small
entities.
Under
section
502(
a)
of
the
Act,
the
Agency
has
exempted
or
deferred
applicability
of
title
V
to
most
non­
major
source
categories
for
which
compliance
with
title
V
will
be
impracticable,

infeasible,
or
unnecessarily
burdensome.
The
Agency
has
not
analyzed
how
many
of
these
non­
major
sources
will
be
small
businesses,
but
believes
that
a
large
percentage
may
fall
under
that
definition.

In
accordance
with
the
analytical
requirements
established
under
the
Regulatory
Flexibility
Act
(
RFA)
and
the
Small
Business
Regulatory
Enforcement
Fairness
Act
(
SBREFA),
the
Agency
has
determined
that,

because
this
ICR
represents
no
substantial
change
from
its
predecessor,

there
are
no
adverse
effects
to
be
identified
vis
a
vis
small
entities
and
small
businesses.

Items
identified
in
section
4.2.1
are
listed
below
with
their
schedule
for
submission.

Permitting
Authorities
(
submitted
to
EPA
for
delegated
programs):
5
The
Information
Collected
­
Collection
Methodology,
and
Information
Management
5.1
Collection
Methodology
and
Management
5.2
Small
Entity
Flexibility
5.3
Collection
Schedule
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
10
22
August
2005
$
Applications
for
permits,
permit
revision,
and
permit
renewal
should
be
submitted
to
EPA
with
the
proposed
permit
or
permit
revision.

$
Draft/
proposed
permits,
permit
revisions,
or
permit
renewals
should
be
submitted
when
the
State
wants
to
commence
the
EPA
review
period
of
the
proposed
permit
or
permit
revision.

$
Final
permits
should
be
submitted
to
EPA
soon
after
they
are
issued,

but
there
is
no
deadline
in
part
71
for
this
submission.

$
Annual
reports
of
enforcement
activities
are
submitted
to
EPA
annually,
but
part
71
does
not
specify
a
date.

Sources
(
submitted
to
permitting
authority):

$
New
permit
applications
are
due
within
1
year
after
a
source
becomes
subject
to
the
program.

$
Permit
revision
applications
are
submitted
by
a
source
when
it
wishes
to
make
a
change
to
its
permit.
There
is
no
schedule
for
these
submissions
in
that
they
are
triggered
by
modifications
by
the
source.

$
Permit
renewal
applications
are
due
at
least
6
months
prior
to
expiration
of
the
permit.

$
Semi­
annual
periodic
monitoring
reports
are
due
to
be
submitted
to
the
permitting
authority
twice
a
year
on
dates
specified
by
the
permitting
authority.

$
Annual
compliance
certification
reports
are
due
annually
on
a
date
specified
by
the
permitting
authority.
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
11
22
August
2005
There
are
112
part
70
permitting
authorities
acting
within
the
United
States.
Forty­
nine
states
operate
as
permitting
authorities,
with
California
employing
34
local
air
quality
management
districts
in
lieu
of
a
statewide
permitting
authority.
Puerto
Rico,
the
Virgin
Islands,
and
Washington
D.
C.

also
have
operating
permits
programs,
and
there
are
26
county
or
regional
permitting
authorities
within
states
that
operate
in
a
manner
similar
to
that
of
the
California
districts.
The
Agency
has
identified
four
"
hypothetical"

PA's
of
various
sizes
(
100,
300,
500,
700
sources)
that
are
assumed
to
have
expired
Notices
of
Deficiency
(
NOD's)
for
the
purposes
of
this
ICR
and
which
are
implemented
as
part
71
programs.
They
form
the
basis
for
the
part
70
State
and
local
portion
of
this
ICR.

TABLE
1
IMPLEMENTATION
SCHEDULE
FOR
PART
71
SOURCES
FROM
INDIAN
COUNTRY
From
Outer
Continental
Shelf
FROM
STATES
November
1,
2004
95
10
0
May
1,
2005
0
0
0
November
1,
2005
0
0
0
May
1,
2006*
0
0
1,612
November
1,
2006
0
0
0
May
1,
2007
0
0
0
November
1,
2007
0
0
0
Total
95
10
1,612
*
Assumes
4
new
sources
per
year
(
1
per
permitting
authority
per
year)

Table
1
lists
all
of
the
affected
sources
from
permanent
and
part
70
State
and
regional
PAs
that
will
be
included
in
this
analysis
and
the
date
they
begin
being
subject
to
part
71
Federal
Operating
Permits
requirements.

During
three
years
of
this
ICR,
the
Agency
will
manage
95
sources
in
Indian
country
and
up
to
10
OCS
sources.
During
this
same
period,
the
6
Estimating
the
Burden
and
Cost
of
the
Collection
6.1
Estimating
The
Number
of
Respondents
There
are
1,717
affected
sources
in
this
ICR:

1,600
permitted
part
70
State
sources
12
new
part
70
State
sources
which
will
require
applications
during
the
period
of
this
ICR
95
sources
in
Indian
country
10
Sources
in
Outer
Continental
Shelf
1
U.
S.
EPA,
2000,
Information
Collection
Request
For
Part
70
Operating
Permit
Regulations,
Appendix
4.

2
May,
1995,
United
States
Environmental
Protection
Agency,
Part
71
Information
Collection
Request,
p
19.

Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
12
22
August
2005
Agency
could
also
manage
more
than
1600
sources
in
states
and
local
districts
where
permitting
authorities
are
not
adequately
administering
and
enforcing
their
part
70
permitting
programs.
All
of
these
sources
will
have
already
been
permitted
under
the
respective
permit
agency's
authority.
In
accordance
with
the
Agency's
expectations
for
new
source
permits
delineated
in
the
latest
ICR
for
part
70,
EPA
expects
one
new
source
per
year
will
arise
in
each
PA.
1
Twelve
new
sources
will
require
permits
during
this
ICR
because
of
that
assumption.

Table
2
displays
the
expected
source
burden
for
all
of
the
activities
required
under
part
70
and
71.
Burden
means
the
total
time,
effort,
and
financial
resources
expended
by
persons
to
generate,
maintain,
retain,

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.

In
the
initial
ICR
for
part
71,
the
Agency
assumed
sources
are
indifferent
(
from
an
effort
perspective)
between
reporting
to
the
Federal
government
and
reporting
to
a
State
permitting
authority.
2
Consequently,
Table
2
is
the
same
for
both
part
70
estimates
and
this
ICR.
6.2
Estimating
Burden
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
13
22
August
2005
TABLE
2
PART
70
AND
PART
71
SOURCE
BURDEN
BY
ACTIVITY
ACTIVITY
BURDEN
PER
SOURCE
OR
PERMIT
Prepare
Application
300
hrs
Draft
Permit
Interaction
40
hrs
Gap­
filling
Monitoring
Development
40
hrs
Public
Hearing
Participation
10
hrs
Operate
Gap­
filling
Periodic
Monitoring
200
hrs
Prepare
Monitoring
Reports
80
hrs
Permit
Revisions
Significant
Permit
Modifications
(
10%
of
Permits)
Minor
Permit
Modifications
(
50%
of
Permits)
Administrative
Amendments
(
50
%
of
Permits)
80
hrs
40
hrs
8
hrs
Permit
Renewal
200
hrs
Other
Activities
20
hrs
The
following
tables
and
descriptions
include
PA
burden
estimates
for
specific
activities
required
by
the
Agency.
In
all
cases,
the
PA
activities
listed
for
the
Agency
match
those
of
PAs
under
the
part
70
program,
and
EPA
Source­
and
Federal­
Level
activities
match
those
for
the
Agency
under
part
70.

PERMITTING
AUTHORITY
ACTIVITIES
1.
Program
administration:
Responding
to
inquiries
about
the
program,

developing
internal
and
external
program
guidance,
planning,
attending
program
training,
permit
fee
collection,
providing
source
training,

attending
meetings
and
conferences,
providing
public
education,
and
other
program
related
activities
2.
Permit
review:
including
discussions
with
a
source
concerning
the
permit
application
3.
Draft
permit
preparation:
including
contact
with
the
source
4.
Comment
period
notification:
Providing
notice
to
the
public,
EPA
(
for
delegated
programs),
and
affected
States
of
the
comment
period
on
a
draft
permit
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
14
22
August
2005
5.
Public
hearing
administration:
provide
notice
to
the
public
and
affected
states
of
the
comment
period
on
a
draft
permit
6.
Interaction
with
EPA
(
for
delegated
programs):
on
a
proposed
permit,
including
negotiations,
re­
drafting,
and
formal
EPA
objections
(
including
those
attributable
to
public
petitions)

7.
Response
to
public
comments:
Analyzing
public
comments
and
revising
the
permit
accordingly
8.
Permit
issuance:
including
web
activities
and
source
notification
9.
General
permits
administration:
(
This
ICR
does
not
include
provisions
for
general
permitting.
The
burden
for
issuing
general
permits
is
included
with
other
permit
issuance
burden
categories.)

10.
Permit
revision:
review
permit
revision
applications,
drafting
any
changes,
public
notice,
issuance
11.
Permit
renewal:
reviewing
application,
drafting
any
changes,
public
notice,
issuance
12.
Monitoring
and
compliance
certification:
Reviewing
semiannual
monitoring
reports
and
annual
compliance
certification
13.
Annual
reporting:
Preparing
and
submitting
to
EPA
(
for
delegated
programs)
annually
a
report
of
the
State's
enforcement
activities
SOURCE­
SPECIFIC
PERMITTING
AUTHORITY
ACTIVITIES
1.
Permit
application
preparation:
including
internal
meetings,

permitting
authority
discussions,
management
and
legal
department
involvement,
responsible
official
certification,
contractor
services
2.
Draft
permit
development:
Interaction
with
the
permitting
authority
on
draft
permit
development
3.
Gap­
filling
development:
Development
of
periodic
monitoring
gapfilling
4.
Public
hearing
participation:
provide
notice
to
the
public
and
affected
states
of
the
comment
period
on
a
draft
permit
5.
Operate
gap­
filling
periodic
monitoring:
(
annual
burden
to
operate
monitors,
keep
records,
etc.)

6.
Monitoring
reports:
Preparing
semi­
annual
monitoring
data
reports,

including
data
analysis,
responsible
official
certification,
and
report
Under
a
part
71
Operating
Permits
Program,
the
EPA
must
perform
all
of
the
activities
that
would
normally
be
performed
by
the
state
or
local
permitting
authority
unless
delegated.
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
15
22
August
2005
submission
(
annual
burden
for
both
reports).
Include
preparing
and
submitting
annual
compliance
certification
7.
Permit
revisions:
reviewing
permit
revision
applications,
drafting
any
changes,
public
notice,
issuance
8.
Permit
renewal:
reviewing
application,
drafting
any
changes,
public
notice,
issuance
9.
Other
activities
associated
with
permit
renewal:
including
discussions
with
permitting
authority
and
public
hearing
participation.

EPA
ACTIVITIES
FOR
DELEGATED
PROGRAMS
1.
Review
proposed
permits
and
permit
revisions:
determine
if
they
provide
for
compliance
with
all
applicable
requirements
2.
Review
periodic
monitoring
provisions:
determine
adequacy
to
demonstrate
compliance
with
applicable
requirements
3.
Consult
with
the
permitting
authority:
address
any
problems
detected
in
the
proposed
permit
or
permit
revision
4.
Review
annual
reports
of
enforcement
activities
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
16
22
August
2005
TABLE
3
PERMITTING
AUTHORITY
BURDEN
BY
ACTIVITY
AND
DELEGATION
OF
ACTIVITY
ACTIVITY
PART
70
BURDEN
PER
PERMIT
OR
PROGRAM
PART
71
BURDEN
PER
PERMIT
OR
PROGRAM
­
DELEGATED
TO
THE
PA
PART
71
BURDEN
PER
PERMIT
OR
PROGRAM
­
NO
DELEGATION
PART
71
BURDEN
PER
PERMIT
OR
PROGRAM
­
PREPARED
BY
A
CONTRACTOR
Program
Administration
3,500
hrs
/
PA
3,850
hrs
/
PA
4,200
hrs
/
PA
5,250
hrs
/
PA
Permit
Application
Review
100
hrs
/
permit
110
hrs
/
permit
120
hrs
/
permit
150
hrs
/
permit
Draft
Permits
Preparation
150
hrs
/
permit
165
hrs
/
permit
180
hrs
/
permit
225
hrs
/
permit
Comment
Period
Notification
10
hrs
/
permit
11
hrs
/
permit
12
hrs
/
permit
15
hrs
/
permit
Hold
Public
Hearings
100
hrs
/
hearing
110
hrs
/
hearing
120
hrs
/
hearing
150
hrs
/
hearing
Interaction
with
EPA
20
hrs
/
permit
22
hrs
/
permit
24
hrs
/
permit
30
hrs
/
permit
Analyze
Public
Comments
40
hrs
/
permit
44
hrs
/
permit
48
hrs
/
permit
60
hrs
/
permit
Permits
Issuance
8
hrs
/
permit
9
hrs
/
permit
10
hrs
/
permit
12
hrs
/
permit
General
Permits
80
hrs
/
PA
88
hrs
/
PA
96
hrs
/
PA
120
hrs
/
PA
Permit
Revision
Significant
Modification
Minor
Permit
Modification
Administrative
Amendment
60
hrs
/
permit
20
hrs
/
permit
5
hrs
/
permit
66
hrs
/
permit
22
hrs
/
permit
6
hrs
/
permit
72
hrs
/
permit
24
hrs
/
permit
6
hrs
/
permit
90
hrs
/
permit
30
hrs
/
permit
8
hrs
/
permit
Permits
Renewal
60
hrs
/
permit
66
hrs
/
permit
72
hrs
/
permit
90
hrs
/
permit
Renew
General
Permits
10
hrs
/
permit
11
hrs
/
permit
12
hrs
/
permit
15
hrs
/
permit
Review
Reports:
Monitoring
Compliance
Certification
Enforcement
Activity
5
hrs
/
permit
5
hrs
/
permit
40
hrs
/
permit
6
hrs
/
permit
6
hrs
/
permit
44
hrs
/
permit
6
hrs
/
permit
6
hrs
/
permit
48
hrs
/
permit
8
hrs
/
permit
8
hrs
/
permit
60
hrs
/
permit
Table
3
displays
the
expected
PA
burden
for
all
of
the
specific
tasks
necessary
for
the
PA
to
perform
its
management
function.
Column
2
of
Table
3
displays
the
PA
burden
under
an
approved
part
70
program.

Delegation
of
a
PA's
operating
permit
program
back
to
the
PA
forms
the
basis
for
this
analysis.
EPA
believes
delegation
may
in
some
cases
be
the
most
efficient
way
to
manage
state­
derived
part
71
programs.
However,

even
if
the
Federal
government
delegates
its
authority
back
to
the
original
permitting
authority,
the
additional
layer
of
management
required
for
Federal
oversight
would
necessitate
an
increase
in
part
71
burden.

Consequently,
column
3
of
Table
3
shows
a
10%
"
efficiency
factor"
increase
in
burden
for
each
activity,
relative
to
part
70.
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
17
22
August
2005
The
Agency
believes
that
it
will
take
longer
for
the
EPA
to
do
the
same
task
under
part
71
instead
of
the
PA
because
the
permitting
authority
generally
has
a
comparative
advantage
over
the
part
71
program
manager.
The
Agency
must
first
gather
sufficient
human
capital
(
experience,
background,

etc.)
to
perform
its
duties,
thereby
increasing
the
program's
burden
over
that
of
a
PA
managed
program.
Therefore,
column
4
of
Table
3
shows
a
20%
"
efficiency
factor"
increase
in
burden
for
each
activity,
relative
to
its
part
70
level.
Preparation
by
a
contractor
would
further
increase
part
71
burden.
Not
only
would
there
have
to
be
Federal
oversight
of
the
delegated
authority,
such
delegation
adds
burdens
for
contract
administration
(
to
the
Federal
government
and
the
contractor),
development
of
human
capital,
and
overhead.
Column
5
of
Table
3
shows
a
50%
"
efficiency
factor"
increase
in
burden
for
each
activity
to
account
for
the
added
inefficiency.

TABLE
4
EPA
PART
70
AND
71
BURDEN
BY
ACTIVITIES
ACTIVITY
BURDEN
PER
PERMIT
OR
PROGRAM
Review
Proposed
Permits
*
New
Permits
(
25%
of
all
title
V
sources)
Significant
Permit
Modifications
Minor
Permit
Modifications
20
hrs
/
permit
8
hrs
/
revision
1
hrs
/
revision
Consultation
New
Permits
(
25%
of
all
title
V
sources)
Significant
Permit
Modifications(
25%
of
all
title
V
sources)
Minor
Permit
Modifications
(
25%
of
all
title
V
sources)
8
hrs
/
permit
8
hrs
/
permit
1
hr
/
permit
Review
the
Annual
Enforcement
Activity
Reports
10
hrs.
per
report
*
Includes
the
burden
for
review
of
periodic
monitoring.

Based
upon
its
experience
with
the
operating
permits
program
over
the
past
eleven
years,
the
Agency
revised
its
estimations
of
the
Federal
burden
from
the
categories
discussed
above.
These
revisions
appeared
in
the
latest
ICR
report
for
the
part
70
program
and
are
included
in
Table
4.

6.3
Estimating
Wages
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
18
22
August
2005
Wage
rates
were
not
expected
to
change
significantly
from
those
in
the
2001
ICR
renewal.
Therefore,
in
order
to
compare
burden
costs
to
the
previous
ICR
renewal,
wage
rates
were
maintained
at
their
October
2001
values.
That
ICR
employed
wage
rates
consistent
with
its
part
70
counterpart,
adjusted
through
the
Bureau
of
the
Census
Employment
Cost
Index
(
ECI)
for
white
collar
occupations.
The
agency
extrapolated
from
1996
to
1999
by
taking
the
average
increase
in
ECI
for
1994,
95,
and
96
and
applying
that
average
to
each
of
the
three
years
between
1997
and
1999,
resulting
in
an
approximation
of
the
true
ECI
of
108.6
for
1999.

Table
5
below
displays
the
calculation
of
the
true
industry
wage
rate
(
plus
overhead)
for
source
in­
house
activities.

TABLE
5
DETERMINATION
OF
SOURCE
WAGE
RATES
Annual
Salary,
Technical
Support,
(
FY
96,
adjusted
to
1999
)
*
$
36,537.38
Annual
Salary,
Administrative
Staff,
(
FY
96,
adjusted
)*
$
34,786.75
Factor
(
1/
11)
**
0.09
$
3,162.12
Annual
Cost
of
Admin.
Support
Staff,
(
FY
96
,
adjusted
to
1999
)*
Factor
(
1/
8)
**
$
22,080.55
0.13
$
2,760.07
Annual
Applicable
Salary
of
Permit
Staff
$
42,459.57
Benefits
(
at
16%)
$
6,793.53
Sick
Leave
/
Vacation
(
at
10%)
$
4,245.96
General
Overhead
$
13,727.18
Total
Cost
Per
FTE
$
67,226.24
Total
Hourly
Cost
(
Total
Per
FTE
divided
by
2,080
hours
per
year)
$
32.32
*
U.
S.
Department
of
Commerce,
Economics
and
Statistics
Administration,
Bureau
of
the
Census;
Statistical
Abstract
of
the
United
States,
1997,
Table
672.
http://
www.
bea.
doc.
gov/
bea/
dn/
aadata.
exe,
December
7,
1999
**
Based
on
an
administrator
managing
a
staff
of
ten
technicians
and
one
support
staff
person
The
2001
analysis
assumed
any
contracted
labor
employed
by
a
source
for
operating
permit
management
and
reporting
would
require
the
same
skills
and
compensation
rates
used
by
the
EPA's
consultants.
To
estimate
source
consulting
costs,
the
Agency
averaged
the
fully
loaded
cost
of
three
environmental
contractors
at
the
PL
2
(
secretarial
support),
PL
3
(
technical),
and
PL
4
(
administration)
levels
and
applied
these
averages
to
the
methodology
employed
in
Table
5
for
establishing
a
Federal
and
PA
fulltime
employee
wage
rate.
Through
this
methodology,
the
Agency
derived
a
3
Due
to
the
confidential
nature
of
the
data
employed,
this
ICR
does
not
offer
any
tables
or
appendices
detailing
the
derivation
of
this
contractor
burden
rate.

Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
19
22
August
2005
fully
loaded
hourly
wage
rate
for
Industry­
hired
consultants
of
$
268
3.

Therefore,
source
cost
estimates
for
permit
preparation
used
an
hourly
rate
of
$
111
(
1/
3
of
$
268
plus
2/
3
of
$
32).
All
other
source
tasks
were
estimated
at
$
32
per
hour.

During
the
development
of
the
2001
ICR
for
the
part
71
Federal
Operating
Permit
Regulations,
the
Agency
developed
a
process
to
determine
the
appropriate
wage
rates
to
apply
to
Federal
burden
categories.
For
comparative
purposes,
the
appropriate
cost
of
Federal
and
permitting
authority
burden
in
this
ICR
maintains
its
October
2001
ICR
rate
of
$
37
per
hour.
Table
6
displays
the
calculation
of
this
rate.

TABLE
6
DETERMINATION
OF
FEDERAL
WAGE
RATES
Annual
Salary
of
Permit
Staff,
GS
11
Step
3
(
FY
99
Schedule)*
$
40,260.00
Annual
Cost
of
Supervisory
Staff,
GS
13
Step
3
(
FY
99
Schedule)*
$
57,379.00
Factor
(
1/
11)
**
0.09
$
5,164.11
Annual
Cost
of
Support
Staff,
GS
6
Step
6
(
FY
99
Schedule)*
Factor
(
1/
8)
**
$
26,773.00
0.13
$
3,346.63
Annual
Applicable
Salary
of
Permit
Staff
$
48,770.74
Benefits
(
at
16%)
$
7,803.32
Sick
Leave
/
Vacation
(
at
10%)
$
4,877.07
General
Overhead
$
15,767.58
Total
Cost
Per
FTE
$
77,218.70
Total
Hourly
Cost
(
Total
Per
FTE
divided
by
2,080
hours
per
year)
$
37.12
*
http://
www.
opm.
gov/
oca/
99tables/
GSannual/
gsannpdf/
99GS.
PDF,
December
7,
1999
**
Based
on
an
administrator
managing
a
staff
of
ten
technicians
and
one
support
staff
person
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
20
22
August
2005
TABLE
7
TOTAL
AND
AVERAGE
BURDEN
AND
COST
OF
SOURCE
ACTIVITIES
FOR
THE
PERMANENT
FEDERAL
PROGRAM
ACTIVITY
BURDEN
PER
PERMIT
(
HOURS)
RATE
PER
HOUR
AFFECTED
PERMITS
TOTAL
THREE­
YEAR
BURDEN
(
HOURS)
AVERAGE
ANNUAL
BURDEN
(
HOURS)
TOTAL
THREE­
YEAR
COST
($
1999)
AVERAGE
ANNUAL
COST
($
1999)

Permit
Application
300
0
Gap
Filling
Monitoring
Development
40
0
Public
Hearing
Participation
10
0
Renewal
Permit
Application
300
$
111
50
15,000
5,000
$
1,665,000
$
555,000
Operate
Gap
Filling
Monitoring
200
$
32
year
1
35
year
2
35
year
3
35
year
1
7,000
year
2
7,000
year
3
7,000
21,000
2,333
2,333
2,333
7,000
$
224,000
$
224,000
$
224,000
$
672,000
$
74,667
$
74,667
$
74,667
$
224,000
Prepare
Monitoring
Reports
80
$
32
year
1
105
year
2
105
year
3
105
year
1
8,400
year
2
8,400
year
3
8,400
25,200
2,800
2,800
2,800
8,400
$
268,800
$
268,800
$
268,800
$
806,400
$
89,600
$
89,600
$
89,600
$
268,800
Permit
Revisions
Significant
Permit
Mods
Minor
Permit
Mods
Admin
Amendments
Revision
Subtotal
80
40
8
$
32
$
32
$
32
year
1
10
year
2
10
year
3
10
year
1
53
year
2
53
year
3
53
year
1
53
year
2
53
year
3
53
year
1
800
year
2
800
year
3
800
2,400
year
1
2,120
year
2
2,120
year
3
2,120
6,360
year
1
424
year
2
424
year
3
424
1,272
10,032
267
267
267
800
707
707
707
2,120
141
141
141
424
3,344
$
25,600
$
25,600
$
25,600
$
76,800
$
67,840
$
67,840
$
67,840
$
203,520
$
13,568
$
13,568
$
13,568
$
40,704
$
321,024
$
8,533
$
8,533
$
8,533
$
25,600
$
22,613
$
22,613
$
22,613
$
67,840
$
4,523
$
4,523
$
4,523
$
13,568
$
99,328
Other
Activities
20
$
32
50
1,000
333
$
32,000
$
10,667
TOTALS
72,232
24,077
$
3,496,424
$
1,157,795
*
95
Indian
country
permits
plus
10
OCS
sources
**
1/
3
contractor
support,
2/
3
in­
house
Table
7
lists
the
burden
categories,
expected
number
of
occurrences
for
each,
and
the
associated
burden
and
costs
for
sources
for
the
permanent
Federal
program.
The
quantities
in
column
two
are
from
direct
assessments
of
the
95
Indian
country
permits
plus
10
OCS
permits.
Each
activity
in
6.4
Estimating
Costs
for
the
Permanent
Federal
Program
6.4.1
Estimating
Source
Costs
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
21
22
August
2005
Table
7
is
based
on
the
burden
estimates
from
Table
2.
The
burden
for
sources
in
states
or
local
PAs
that
will
require
part
71
intervention
will
not
have
an
additional
burden
associated
with
their
part
71
applications,
so
this
ICR
does
not
report
their
permitting
burden.

TABLE
8
THE
BURDEN
AND
COST
OF
FEDERAL
ACTIVITIES
FOR
THE
PERMANENT
PROGRAM
Total
Number
of
Entities
Activity
BurdenH
ours**
May
2005
Nov
2005
May
2006
Nov
2006
May
2007
Nov
2007
Total
Burden
(
3­
Years)
3­
Year
Cost
*

Program
Administration
3,500
1
1
1
1
1
1
21,000
$
777,000
Permit
Application
Review
100
0
0
0
0
0
0
Draft
Permit
Preparation
150
0
0
0
0
0
0
Comment
Period
Notification
10
0
0
0
0
0
0
Public
Hearings
(
by
Hearing)
100
0
0
0
0
0
0
Analyze
Public
Comments
40
0
0
0
0
0
0
Permit
Issuance
8
0
0
0
0
0
0
Permit
Revisions
Significant
Modifications
(
10%
of
permits)
60
6
6
6
6
6
6
2,160
$
79,920
Minor
Permit
Modification
(
50%
of
permits)
20
27
27
27
27
27
27
3,240
$
119,880
Administrative
Amendment
(
50%
of
permits)
5
27
27
27
27
27
27
810
$
29,970
Permit
Renewals
60
17
11
12
6
3
1
3,000
$
111,000
Review
Reports
Monitoring
5
105
105
105
105
105
105
3,150
$
116,550
Compliance
Certification
5
105
105
105
105
105
105
3,150
$
116,550
Enforcement
Activity
40
105
105
105
105
105
105
25,200
$
932,400
TOTAL
COSTS
61,710
$
2,283,270
*
The
wage
rate
applied
was
$
37
per
hour,
see
Section
6.3
Estimating
Source
Costs
for
details.
**
Units
are
per
permit
except
program
administration
(
per
PA)
and
public
hearings
(
per
hearing)
***
95
Indian
country
permits
plus
10
OCS
sources
Table
8
lists
the
burden
categories
for
the
permanent
portion
of
the
Federal
program
(
i.
e.,
where
the
Federal
government
acts
as
the
permitting
authority,)
the
expected
number
of
permits
involved,
and
the
expected
cost
for
each
category,
based
on
the
burden
estimations
from
Table
3.
Table
9
6.4.2
Estimating
Federal
Costs
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
22
22
August
2005
lists
the
burden
categories
for
the
portion
of
the
Federal
Operating
Permits
program
for
programs
in
areas
where
a
State
or
local
PA
does
not
have
a
fully
approved
title
V
program.

TABLE
9
THE
ADDITIONAL
BURDEN
AND
COST
OF
FEDERAL
ACTIVITIES
FOR
STATE
AND
LOCAL
PERMITTING
AUTHORITY
PROGRAMS
Total
Number
of
Entities
Activity
BurdenH
ours**
May
2005
Nov
2005
May
2006
Nov
2006
May
2007
Nov
2007
Total
Burden
(
3­
years)
3­
Year
Cost
*

Program
Administration
350
0
0
4
4
4
4
5,600
$
207,200
Permit
Application
Review
10
0
0
12
0
0
0
120
$
4,440
Draft
Permit
Preparation
15
0
0
0
0
12
0
180
$
6,660
Comment
Period
Notification
1
0
0
0
0
12
0
12
$
444
Public
Hearings
10
0
0
0
0
12
0
120
$
4,440
Analyze
Public
Comments
4
0
0
0
0
0
12
48
$
1,776
Permit
Issuance
1
0
0
0
0
0
0
0
$
0
Permit
Revisions
Significant
Modifications
(
10%
per
year)
6
0
0
81
81
81
81
1,944
$
71,928
Minor
Permit
Modification
(
50%
per
year)
2
0
0
403
403
403
403
3,224
$
119,288
Administrative
Amendment
(
50%
per
year)
1
0
0
403
403
403
403
1,612
$
59,644
Permit
Renewal
(
10%
per
year)
6
0
0
81
81
81
81
1,944
$
71,928
Review
Reports
Monitoring
1
0
0
1,612
1,612
1,612
1,612
6,448
$
238,576
Compliance
Certification
1
0
0
0
1,612
0
1,612
3,224
$
119,288
Enforcement
Activity
4
0
0
0
1,612
0
1,612
12,896
$
477,152
TOTAL
COSTS
37,372
$
1,382,764
*
The
wage
rate
applied
was
$
37
per
hour,
see
Section
6.3
Estimating
Source
Costs
for
details.
**
Units
are
per
permit
except
program
administration
(
per
PA)
and
public
hearing
(
per
hearing)

As
in
Table
8,
the
data
in
Table
9
are
based
on
the
burden
estimations
from
Table
3.
As
discussed
in
section
6.2,
above,
the
Agency
believes
delegation
of
the
part
71
program
back
to
the
permitting
authority
may
be
the
most
efficient
means
of
managing
the
State
and
local
PA
portion
of
the
part
71
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
23
22
August
2005
program.
Therefore,
the
burden
estimates
in
Table
9
are
additional
burden
hours,
above
and
beyond
those
necessary
for
a
part
70
program.

TABLE
10
EPA
ACTIVITIES
FOR
THE
PART
71
OPERATING
PERMITS
PROGRAM
ACTIVITY
BURDEN
HOURS
AFFECTED
PERMITS
OR
PROGRAMS
TOTAL
BURDEN
(
HOURS)
TOTAL
COSTS
*
($
1999)

Review
permits
and
revisions
New
Permits
Significant
permit
revisions
(
25%
of
permits)

Minor
Permit
Revisions
(
25%
of
permits)
8
8
8
1
1
1
year
1
0
year
2
162
year
3
162
year
1
0
year
2
806
year
3
806
0
1,296
1,296
2,592
0
806
806
1,612
$
0
$
47,952
$
47,952
$
95,904
$
0
$
29,822
$
29,822
$
59,644
Consult
with
PA
New
Permits
Significant
Permit
Revisions
(
6.25%
of
permits)

Minor
Permit
Revisions
(
6.25%
of
permits)
8
8
8
8
1
1
1
0
year
1
0
year
2
41
year
3
41
year
1
0
year
2
202
year
3
202
0
0
328
328
656
0
202
202
404
$
0
$
0
$
12,136
$
12,136
$
24,272
$
0
$
7,474
$
7,474
$
14,948
Review
the
annual
report
(
10%
of
part
70
permits)
10
161/
yr
4,830
$
178,710
TOTALS
10,094
$
373,478
*
The
wage
rate
applied
was
$
37
per
hour,
see
Section
6.3
Estimating
Source
Costs
for
details.
**
Assumes
that
States
had
already
issued
100%
of
their
permits
prior
to
becoming
part
71
programs.

In
addition
to
the
burden
EPA
must
assume
for
State
and
local
areas
without
an
approved
title
V
program,
the
Agency
must
also
perform
oversight
tasks
that,
on
the
surface,
appear
redundant,
relative
to
the
tasks
included
in
Table
9.
However,
Table
9
assumes
delegation
of
the
program
back
to
the
Permitting
Authority
and
therefore,
the
tasks
included
in
Table
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
24
22
August
2005
10
do
not
duplicate
the
burden
in
Table
9.
For
Indian
Country,
there
is
no
concomitant
oversight
role
for
the
EPA
and
therefore
Table
10
only
includes
State
and
local
PA
oversight
tasks,
burdens,
and
costs.
Estimated
review
numbers
follow
the
same
assumptions
used
for
the
2004
part
70
ICR.

There
is
no
expected
capital
or
O&
M
costs
for
this
ICR.
Since
the
Federal
government
will
assume
many
of
the
record
keeping
and
monitoring
requirements
for
tribal
and
OCS
sources,
this
ICR
assumes
the
Indian
Country
and
OCS
capital
and
O&
M
costs
will
be
negligible.
For
sources
in
State
or
local
areas
without
an
approved
part
70
program,
this
ICR
assumes
there
will
be
no
change
in
reporting
requirements,
and,
therefore,
there
is
no
change
in
their
capital
or
O&
M
costs.

TABLE
11
BOTTOM
LINE
MARGINAL
BURDEN
AND
COST*
($
1999)
2004
­
2007
Number
of
Affected
Entities
Total
ICR
(
3
Year)
Burden
Hours
Average
Annual
Burden
Per
Source
(
Hours)
Total
ICR
(
3
Year)
Cost
Average
Annual
Cost
Per
Source
Sources­
Permanent
Program
105
72,232
229
$
3,496,424
$
11,100
Federal
­
Permanent
Program
105
61,710
196
$
2,283,270
$
7,248
Federal
­
State
&
Local
PAs**
1,612
37,372
8
$
1,382,764
$
286
Federal***
1
(
1,705
Sources)
10,094
2
$
373,478
$
73
Total
181,408
$
7,535,936
*
Cost
and
burden
values
are
from
Tables
7­
10.
**
This
row
represents
the
marginal
burden
for
sources,
beyond
that
required
in
part
70.
***
The
burden
and
cost
estimates
are
those
not
already
accounted
for
in
part
70
or
in
prior
part
71
analyses.
****
95
Indian
country
sources
plus
10
OCS
sources
Tables
2,
3,
and
4
display
the
activities
of
the
part
70
and
71
programs
for
sources,
permitting
authorities,
and
the
Federal
government,
respectively.

The
same
wage
rates
are
used
as
those
used
in
2001
in
order
to
facilitate
a
comparison,
therefore,
Tables
5
and
6
remain
unchanged
from
the
previous
ICR.
Tables
7,
8,
9,
and
10
display
the
costs
associated
with
each
of
these
categories
using
data
from
Tables
2,3,
and
4.
Table
11,
above,
summarizes
the
costs
for
all
three
types
of
affected
entities
in
real
1999
dollars.
6.4.3
Capital
and
O&
M
Costs
6.4.4
Bottom
Line
Burden
Hours
and
Cost
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
25
22
August
2005
This
ICR
contains
no
estimated
burden
associated
with
permitting
authorities
other
than
the
EPA's
Federal
role
as
the
PA
for
the
permanent
Federal
program.
Any
burden
attributable
to
a
State
or
local
PA
that
does
not
have
a
fully
approved
title
V
program
is
a
component
of
the
part
70
Operating
Permits
program
and
not
applicable
to
this
ICR.

Federal
PA
activities
for
State
and
local
PAs
represents
the
added
inefficiency
involved
in
the
EPA
managing
a
local
program.
The
last
row
in
Table
11
is
not
duplicative.
It
represents
the
additional
burden
necessary
for
the
Agency
to
provide
oversight
and
monitoring
of
the
delegated
program.

On
average,
the
Agency
estimates
the
burden
to
major
sources
under
part
71
(
95
Indian
Country
plus
10
OCS)
at
about
72
thousand
hours,
or
about
229
hours
per
year
per
source
over
the
three
years
of
the
ICR.
This
is
about
50%
higher
than
the
expected
burden
for
sources
reported
in
the
2001
part
71
ICR.

The
burden
EPA
expects
it
will
incur
in
its
role
as
permitting
authority
has
two
parts.
For
the
permanent
Federal
program,
the
Agency
estimates
a
three­
year
burden
of
about
62
thousand
hours
(
roughly
the
same
as
that
reported
in
the
2001
part
71
ICR),
or
around
196
hours
per
source
(
more
than
30
hours
lower
than
the
2001
part
71
ICR).
For
its
oversight
of
State
and
local
PA
programs
that
are
not
being
adequately
implemented,
the
Agency
anticipates
a
three­
year
burden
almost
half
as
large:
around
37
thousand
hours.
On
an
annual
per­
source
basis,
this
translates
into
about
8
hours
per
source
or
3
hours
per
source
less
than
that
reported
in
the
previous
part
71
ICR.

For
its
role
in
Federal
oversight
of
all
title
V
programs,
the
Agency
estimates
it
will
experience
a
burden
of
around
10.1
thousand
hours
over
the
life
of
this
ICR,
or
about
2
hours
per
source
per
year.

The
title
V
program
has
been
evolving
since
its
inception,
beginning
with
promulgation
of
the
part
70
regulations
in
1992.
Consequently,
the
activities
associated
with
implementing
the
part
70
and
part
71
programs
have
6.5
Reasons
for
Changes
in
the
Burden
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
26
22
August
2005
changed
since
the
previous
ICR.
With
the
experience
gained
through
program
implementation,
EPA
and
permitting
authorities
have
a
sense
of
the
activities
associated
with
the
program
and
the
burden
of
those
activities.

The
activities
in
this
ICR
have
been
developed
based
on
this
knowledge.

Since
wage
rates,
for
part
70
and
71,
were
held
at
the
same
level
as
the
preceding
ICRs,
comparison
of
the
burden
in
this
ICR
to
the
approved
burden
levels
in
its
predecessor
can
be
made
more
accurately
on
an
activity
by
activity
basis.

Table
12
compares
the
burden
in
the
previous
ICR
with
the
burden
in
this
ICR.
The
approved
burden
level
in
the
previous
ICR
was
15
thousand
hours
per
year
for
sources
and
74
thousand
burden
hours
per
year
for
Federal
oversight;
for
a
total
of
90
thousand
hours.
This
ICR
estimates
total
annual
burden
at
60
thousand
hours
with
sources
accounting
for
24
thousand
burden
hours
per
year
and
Federal
oversight
burden
hours
estimated
at
36
thousand
hours.
The
change
in
burden
from
the
previous
ICR
is
due
to
changes
in
program
activities
that
have
occurred
as
a
result
of
evolution
of
the
program.
These
changes
are
considered
"
adjustments"
and
are
shown
as
such
on
OMB
form
83­
1.

TABLE
12
BURDEN
CHANGE
FROM
AUGUST
2001
ICR
TO
CURRENT
ICR
Average
Annual
Burden
in
8­
2000
ICR
Average
Annual
Burden
in
ICR
Renewal
Difference
Sources
­
Permanent
Program
15,323
24,077
8,754
Federal
74,329
36,392
(
37,937)

TOTAL
89,652
60,469
(
29,183)

During
the
3­
year
period
of
this
ICR
there
will
be
an
increase
in
monitoring
activities,
preparing
and
submitting
semi­
annual
monitoring
reports
and
the
annual
compliance
certification
report,
preparing
permit
revision
applications,
and
preparing
applications
for
permit
renewals
for
some
of
the
sources.
These
increases
result
from
all
95
Indian
country
sources
being
permitted
compared
to
just
30
sources
in
the
previous
ICR.
Consequently,

permit
revisions
will
occur
for
a
larger
subset
of
sources
and
renewal
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
27
22
August
2005
activities
will
occur
for
the
first
time
during
this
ICR
period.
However,

since
the
majority
of
the
federal
activities
will
shift
to
renewals
and
revisions
from
application
review,
permit
preparation,
and
public
hearings,
in
this
ICR
period
(
2004­
2007),
federal
burden
hours
decrease
from
the
2001
ICR
and
result
in
a
29
thousand
hour
reduction
in
total
burden.

Due
to
the
large
number
of
respondents,
the
variation
in
the
circumstances
for
each
respondent,
and
the
varied
nature
of
the
activities
of
the
program,
it
is
impractical
to
attempt
to
delineate
burden
by
respondent
and
activity.

Following
is
the
apportioned
burden
for
each
respondent,
derived
from
the
total
permitting
authority
hourly
burden
divided
by
the
number
of
permitting
authorities,
and
similarly
for
sources.

TABLE
13
BURDEN
STATEMENT
Number
of
Respondents
Total
Annual
Burden
(
hours)
Average
Annual
Burden
per
Respondent
(
hours)

Sources
105
24,077
229
Federal
1,718
36,392
21
Send
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
through
the
use
of
automated
collection
techniques
to:
6.6
Burden
Statement
Information
Collection
Request
For
Part
71
Operating
Permit
Regulations
Page
28
22
August
2005
Director,
Collection
Strategies
Division
Office
Of
Environmental
Information
2822,

Environmental
Protection
Agency
1200
Pennsylvania
Ave.
NW,
Washington,
DC
20460
and
to:

The
Office
of
Information
and
Regulatory
Affairs
Office
of
Management
and
Budget
725
17th
Street,
NW,
Washington,
DC
20503
Attention:
Desk
Officer
for
EPA.

Include
the
EPA
ICR
number
(
1713.05)
and
OMB
control
number
(
2060­

0336)
in
any
correspondence.
ATTACHMENT
1
THE
STATUTORY
REQUIREMENTS
FOR
RESPONDENT
INFORMATION
Information
Collection
Request
For
Part
70
Operating
Permit
Regulations
Page
30
22
August
2005
SECTIONS
502
THROUGH
504
OF
TITLE
V
OF
THE
CLEAN
AIR
ACT
SEC.
502.
PERMIT
PROGRAMS
(
a)
Violations.­
After
the
effective
date
of
any
permit
program
approved
or
promulgated
under
this
title,
it
shall
be
unlawful
for
any
person
to
violate
any
requirement
of
a
permit
issued
under
this
title,
or
to
operate
an
affected
source
(
as
provided
in
title
IV),
a
major
source,
any
other
source
(
including
an
area
source)
subject
to
standards
or
regulations
under
section
111
or
112,
any
other
source
required
to
have
a
permit
under
parts
C
or
D
of
title
I,
or
any
other
stationary
source
in
a
category
designated
(
in
whole
or
in
part)
by
regulations
promulgated
by
the
Administrator
(
after
notice
and
public
comment)
which
shall
include
a
finding
setting
forth
the
basis
for
such
designation,

except
in
compliance
with
a
permit
issued
by
a
permitting
authority
under
this
title.
(
Nothing
in
this
subsection
shall
be
construed
to
alter
the
applicable
requirements
of
this
Act
that
a
permit
be
obtained
before
construction
or
modification.)
The
Administrator
may,
in
the
Administrator's
discretion
and
consistent
with
the
applicable
provisions
of
this
Act,
promulgate
regulations
to
exempt
one
or
more
source
categories
(
in
whole
or
in
part)
from
the
requirements
of
this
subsection
if
the
Administrator
finds
that
compliance
with
such
requirements
is
impracticable,
infeasible,
or
unnecessarily
burdensome
on
such
categories,
except
that
the
Administrator
may
not
exempt
any
major
source
from
such
requirements.

(
b)
Regulations.­
The
Administrator
shall
promulgate
within
12
months
after
the
date
of
the
enactment
of
the
Clean
Air
Act
Amendments
of
1990
regulations
establishing
the
minimum
elements
of
a
permit
program
to
be
administered
by
any
air
pollution
control
agency.
These
elements
shall
include
each
of
the
following:

(
1)
Requirements
for
permit
applications,
including
a
standard
application
form
and
criteria
for
determining
in
a
timely
fashion
the
completeness
of
applications.

(
2)
Monitoring
and
reporting
requirements.

(
3)(
A)
A
requirement
under
State
or
local
law
or
interstate
compact
that
the
owner
or
operator
of
all
sources
subject
to
the
requirement
to
obtain
a
permit
under
this
title
pay
an
annual
fee,
or
the
equivalent
over
some
other
period,
sufficient
to
cover
all
reasonable
(
direct
and
indirect)

costs
required
to
develop
and
administer
the
permit
program
requirements
of
this
title,
including
section
507,
including
the
reasonable
costs
of
­

(
i)
reviewing
and
acting
upon
any
application
for
such
a
permit,

(
ii)
if
the
owner
or
operator
receives
a
permit
for
such
source,
whether
before
or
after
the
date
of
the
enactment
of
the
Clean
Air
Act
Amendments
of
1990,
implementing
and
enforcing
the
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terms
and
conditions
of
any
such
permit
(
not
including
any
court
costs
or
other
costs
associated
with
any
enforcement
action),

(
iii)
emissions
and
ambient
monitoring,

(
iv)
preparing
generally
applicable
regulations,
or
guidance,

(
v)
modeling,
analyses,
and
demonstrations,
and
(
vi)
preparing
inventories
and
tracking
emissions.

(
B)
The
total
amount
of
fees
collected
by
the
permitting
authority
shall
conform
to
the
following
requirements:

(
i)
The
Administrator
shall
not
approve
a
program
as
meeting
the
requirements
of
this
paragraph
unless
the
State
demonstrates
that,
except
as
otherwise
provided
in
subparagraphs
(
ii)

through
(
v)
of
this
subparagraph,
the
program
will
result
in
the
collection,
in
the
aggregate,
from
all
sources
subject
to
subparagraph
(
A),
of
an
amount
not
less
than
$
25
per
ton
of
each
regulated
pollutant,
or
such
other
amount
as
the
Administrator
may
determine
adequately
reflects
the
reasonable
costs
of
the
permit
program.

(
ii)
As
used
in
this
subparagraph,
the
term
"
regulated
pollutant"
shall
mean
(
I)
a
volatile
organic
compound;
(
II)
each
pollutant
regulated
under
section
111
or
112;
and
(
III)
each
pollutant
for
which
a
national
primary
ambient
air
quality
standard
has
been
promulgated
(
except
that
carbon
monoxide
shall
be
excluded
from
this
reference).

(
iii)
In
determining
the
amount
under
clause
(
i),
the
permitting
authority
is
not
required
to
include
any
amount
of
regulated
pollutant
emitted
by
any
source
in
excess
of
4,000
tons
per
year
of
that
regulated
pollutant.

(
iv)
The
requirements
of
clause
(
i)
shall
not
apply
if
the
permitting
authority
demonstrates
that
collecting
an
amount
less
than
the
amount
specified
under
clause
(
i)
will
meet
the
requirements
of
subparagraph
(
A).

(
v)
The
fee
calculated
under
clause
(
i)
shall
be
increased
(
consistent
with
the
need
to
cover
the
reasonable
costs
authorized
by
subparagraph
(
A))
in
each
year
beginning
after
the
year
of
the
enactment
of
the
Clean
Air
Act
Amendments
of
1990
by
the
percentage,
if
any,
by
which
the
Consumer
Price
Index
for
the
most
recent
calendar
year
ending
before
the
beginning
of
such
year
exceeds
the
Consumer
Price
Index
for
the
calendar
year
1989.
For
purposes
of
this
clause
­

(
I)
the
Consumer
Price
Index
for
any
calendar
year
is
the
average
of
the
Consumer
Price
Index
for
all­
urban
consumers
published
by
the
Department
of
Labor,
as
of
the
close
of
the
12­
month
period
ending
on
August
31
of
each
calendar
year,
and
(
II)
the
revision
of
the
Consumer
Price
Index
which
is
most
consistent
with
the
Consumer
Price
Index
for
calendar
year
1989
shall
be
used.
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(
C)(
i)
If
the
Administrator
determines,
under
subsection
(
d),
that
the
fee
provisions
of
the
operating
permit
program
do
not
meet
the
requirements
of
this
paragraph,
or
if
the
Administrator
makes
a
determination,
under
subsection
(
i),
that
the
permitting
authority
is
not
adequately
administering
or
enforcing
an
approved
fee
program,
the
Administrator
may,
in
addition
to
taking
any
other
action
authorized
under
this
title,
collect
reasonable
fees
from
the
sources
identified
under
subparagraph
(
A).
Such
fees
shall
be
designed
solely
to
cover
the
Administrator's
costs
of
administering
the
provisions
of
the
permit
program
promulgated
by
the
Administrator.

(
ii)
Any
source
that
fails
to
pay
fees
lawfully
imposed
by
the
Administrator
under
this
subparagraph
shall
pay
a
penalty
of
50
percent
of
the
fee
amount,
plus
interest
on
the
fee
amount
computed
in
accordance
with
section
6621(
a)(
2)
of
the
Internal
Revenue
Code
of
1986
(
relating
to
computation
of
interest
on
underpayment
of
Federal
taxes).

(
iii)
Any
fees,
penalties,
and
interest
collected
under
this
subparagraph
shall
be
deposited
in
a
special
fund
in
the
United
States
Treasury
for
licensing
and
other
services,
which
thereafter
shall
be
available
for
appropriation,
to
remain
available
until
expended,
subject
to
appropriation,
to
carry
out
the
Agency's
activities
for
which
the
fees
were
collected.
Any
fee
required
to
be
collected
by
a
State,
local,
or
interstate
agency
under
this
subsection
shall
be
utilized
solely
to
cover
all
reasonable
(
direct
and
indirect)
costs
required
to
support
the
permit
program
as
set
forth
in
subparagraph
(
A).

(
4)
Requirements
for
adequate
personnel
and
funding
to
administer
the
program.

(
5)
A
requirement
that
the
permitting
authority
have
adequate
authority
to:

(
A)
issue
permits
and
assure
compliance
by
all
sources
required
to
have
a
permit
under
this
title
with
each
applicable
standard,
regulation
or
requirement
under
this
Act;

(
B)
issue
permits
for
a
fixed
term,
not
to
exceed
5
years;

(
C)
assure
that
upon
issuance
or
renewal
permits
incorporate
emission
limitations
and
other
requirements
in
an
applicable
implementation
plan;

(
D)
terminate,
modify,
or
revoke
and
reissue
permits
for
cause;

(
E)
enforce
permits,
permit
fee
requirements,
and
the
requirement
to
obtain
a
permit,

including
authority
to
recover
civil
penalties
in
a
maximum
amount
of
not
less
than
$
10,000
per
day
for
each
violation,
and
provide
appropriate
criminal
penalties;
and
(
F)
assure
that
no
permit
will
be
issued
if
the
Administrator
objects
to
its
issuance
in
a
timely
manner
under
this
title.

(
6)
Adequate,
streamlined,
and
reasonable
procedures
for
expeditiously
determining
when
applications
are
complete,
for
processing
such
applications,
for
public
notice,
including
offering
an
opportunity
for
public
comment
and
a
hearing,
and
for
expeditious
review
of
permit
actions,
including
applications,
renewals,
or
revisions,
and
including
an
opportunity
for
judicial
review
in
State
court
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August
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of
the
final
permit
action
by
the
applicant,
any
person
who
participated
in
the
public
comment
process,
and
any
other
person
who
could
obtain
judicial
review
of
that
action
under
applicable
law.

(
7)
To
ensure
against
unreasonable
delay
by
the
permitting
authority,
adequate
authority
and
procedures
to
provide
that
a
failure
of
such
permitting
authority
to
act
on
a
permit
application
or
permit
renewal
application
(
in
accordance
with
the
time
periods
specified
in
section
503
or,
as
appropriate,
title
IV)
shall
be
treated
as
a
final
permit
action
solely
for
purposes
of
obtaining
judicial
review
in
State
court
of
an
action
brought
by
any
person
referred
to
in
paragraph
(
6)
to
require
that
action
be
taken
by
the
permitting
authority
on
such
application
without
additional
delay.

(
8)
Authority,
and
reasonable
procedures
consistent
with
the
need
for
expeditious
action
by
the
permitting
authority
on
permit
applications
and
related
matters,
to
make
available
to
the
public
any
permit
application,
compliance
plan,
permit,
and
monitoring
or
compliance
report
under
section
503(
e),
subject
to
the
provisions
of
section
114(
c)
of
this
Act.

(
9)
A
requirement
that
the
permitting
authority,
in
the
case
of
permits
with
a
term
of
3
or
more
years
for
major
sources,
shall
require
revisions
to
the
permit
to
incorporate
applicable
standards
and
regulations
promulgated
under
this
Act
after
the
issuance
of
such
permit.
Such
revisions
shall
occur
as
expeditiously
as
practicable
and
consistent
with
the
procedures
established
under
paragraph
(
6)
but
not
later
than
18
months
after
the
promulgation
of
such
standards
and
regulations.
No
such
revision
shall
be
required
if
the
effective
date
of
the
standards
or
regulations
is
a
date
after
the
expiration
of
the
permit
term.
Such
permit
revision
shall
be
treated
as
a
permit
renewal
if
it
complies
with
the
requirements
of
this
title
regarding
renewals.

(
10)
Provisions
to
allow
changes
within
a
permitted
facility
(
or
one
operating
pursuant
to
section
503(
d))
without
requiring
a
permit
revision,
if
the
changes
are
not
modifications
under
any
provision
of
title
I
and
the
changes
do
not
exceed
the
emissions
allowable
under
the
permit
(
whether
expressed
therein
as
a
rate
of
emissions
or
in
terms
of
total
emissions:
Provided,
That
the
facility
provides
the
Administrator
and
the
permitting
authority
with
written
notification
in
advance
of
the
proposed
changes
which
shall
be
a
minimum
of
7
days,
unless
the
permitting
authority
provides
in
its
regulations
a
different
time
frame
for
emergencies.

(
c)
Single
Permit.­
A
single
permit
may
be
issued
for
a
facility
with
multiple
sources.

(
d)
Submission
and
Approval.­
(
1)
Not
later
than
3
years
after
the
date
of
the
enactment
of
the
Clean
Air
Act
Amendments
of
1990,
the
Governor
of
each
State
shall
develop
and
submit
to
the
Administrator
a
permit
program
under
State
or
local
law
or
under
an
interstate
compact
meeting
the
requirements
of
this
title.
In
addition,
the
Governor
shall
submit
a
legal
opinion
from
the
attorney
general
(
or
the
attorney
for
those
State
air
pollution
control
agencies
that
have
independent
legal
counsel),
or
from
the
chief
legal
officer
of
an
interstate
agency,
that
the
laws
of
the
State,
locality,

or
the
interstate
compact
provide
adequate
authority
to
carry
out
the
program.
Not
later
than
1
year
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after
receiving
a
program,
and
after
notice
and
opportunity
for
public
comment,
the
Administrator
shall
approve
or
disapprove
such
program,
in
whole
or
in
part.
The
Administrator
may
approve
a
program
to
the
extent
that
the
program
meets
the
requirements
of
this
Act,
including
the
regulations
issued
under
subsection
(
b).
If
the
program
is
disapproved,
in
whole
or
in
part,
the
Administrator
shall
notify
the
Governor
of
any
revisions
or
modifications
necessary
to
obtain
approval.
The
Governor
shall
revise
and
resubmit
the
program
for
review
under
this
section
within
180
days
after
receiving
notification.

(
2)(
A)
If
the
Governor
does
not
submit
a
program
as
required
under
paragraph
(
1)
or
if
the
Administrator
disapproves
a
program
submitted
by
the
Governor
under
paragraph
(
1),
in
whole
or
in
part,
the
Administrator
may,
prior
to
the
expiration
of
the
18­
month
period
referred
to
in
subparagraph
(
B),
in
the
Administrator's
discretion,
apply
any
of
the
sanctions
specified
in
section
179(
b).

(
B)
If
the
Governor
does
not
submit
a
program
as
required
under
paragraph
(
1),
or
if
the
Administrator
disapproves
any
such
program
submitted
by
the
Governor
under
paragraph
(
1),
in
whole
or
in
part,
18
months
after
the
date
required
for
such
submittal
or
the
date
of
such
disapproval,

as
the
case
may
be,
the
Administrator
shall
apply
sanctions
under
section
179(
b)
in
the
same
manner
and
subject
to
the
same
deadlines
and
other
conditions
as
are
applicable
in
the
case
of
a
determination,
disapproval,
or
finding
under
section
179(
a).

(
C)
The
sanctions
under
section
179(
b)(
2)
shall
not
apply
pursuant
to
this
paragraph
in
any
area
unless
the
failure
to
submit
or
the
disapproval
referred
to
in
subparagraph
(
A)
or
(
B)
relates
to
an
air
pollutant
for
which
such
area
has
been
designated
a
nonattainment
area
(
as
defined
in
part
D
of
title
I).

(
3)
If
a
program
meeting
the
requirements
of
this
title
has
not
been
approved
in
whole
for
any
State,
the
Administrator
shall,
2
years
after
the
date
required
for
submission
of
such
a
program
under
paragraph
(
1),
promulgate,
administer,
and
enforce
a
program
under
this
title
for
that
State.

(
e)
Suspension.­
The
Administrator
shall
suspend
the
issuance
of
permits
promptly
upon
publication
of
notice
of
approval
of
a
permit
program
under
this
section,
but
may,
in
such
notice,

retain
jurisdiction
over
permits
that
have
been
federally
issued,
but
for
which
the
administrative
or
judicial
review
process
is
not
complete.
The
Administrator
shall
continue
to
administer
and
enforce
federally
issued
permits
under
this
title
until
they
are
replaced
by
a
permit
issued
by
a
permitting
program.
Nothing
in
this
subsection
should
be
construed
to
limit
the
Administrator's
ability
to
enforce
permits
issued
by
a
State.

(
f)
Prohibition.­
No
partial
permit
program
shall
be
approved
unless,
at
a
minimum,
it
applies,
and
ensures
compliance
with,
this
title
and
each
of
the
following:

(
1)
All
requirements
established
under
title
IV
applicable
to
"
affected
sources."
Information
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August
2005
(
2)
All
requirements
established
under
section
112
applicable
to
"
major
sources",
"
area
sources,"
and
"
new
sources."

(
3)
All
requirements
of
title
I
(
other
than
section
112)
applicable
to
sources
required
to
have
a
permit
under
this
title.
Approval
of
a
partial
program
shall
not
relieve
the
State
of
its
obligation
to
submit
a
complete
program,
nor
from
the
application
of
any
sanctions
under
this
Act
for
failure
to
submit
an
approvable
permit
program.

(
g)
Interim
Approval.­
If
a
program
(
including
a
partial
permit
program)
submitted
under
this
title
substantially
meets
the
requirements
of
this
title,
but
is
not
fully
approvable,
the
Administrator
may
by
rule
grant
the
program
interim
approval.
In
the
notice
of
final
rulemaking,
the
Administrator
shall
specify
the
changes
that
must
be
made
before
the
program
can
receive
full
approval.
An
interim
approval
under
this
subsection
shall
expire
on
a
date
set
by
the
Administrator
not
later
than
2
years
after
such
approval,
and
may
not
be
renewed.
For
the
period
of
any
such
interim
approval,
the
provisions
of
subsection
(
d)(
2),
and
the
obligation
of
the
Administrator
to
promulgate
a
program
under
this
title
for
the
State
pursuant
to
subsection
(
d)(
3),
shall
be
suspended.
Such
provisions
and
such
obligation
of
the
Administrator
shall
apply
after
the
expiration
of
such
interim
approval.

(
h)
Effective
Date.­
The
effective
date
of
a
permit
program,
or
partial
or
interim
program,

approved
under
this
title,
shall
be
the
effective
date
of
approval
by
the
Administrator.
The
effective
date
of
a
permit
program,
or
partial
permit
program,
promulgated
by
the
Administrator
shall
be
the
date
of
promulgation.

(
i)
Administration
and
Enforcement.­
(
1)
Whenever
the
Administrator
makes
a
determination
that
a
permitting
authority
is
not
adequately
administering
and
enforcing
a
program,

or
portion
thereof,
in
accordance
with
the
requirements
of
this
title,
the
Administrator
shall
provide
notice
to
the
State
and
may,
prior
to
the
expiration
of
the
18­
month
period
referred
to
in
paragraph
(
2),
in
the
Administrator's
discretion,
apply
any
of
the
sanctions
specified
in
section
179(
b).

(
2)
Whenever
the
Administrator
makes
a
determination
that
a
permitting
authority
is
not
adequately
administering
and
enforcing
a
program,
or
portion
thereof,
in
accordance
with
the
requirements
of
this
title,
18
months
after
the
date
of
the
notice
under
paragraph
(
1),
the
Administrator
shall
apply
the
sanctions
under
section
179(
b)
in
the
same
manner
and
subject
to
the
same
deadlines
and
other
conditions
as
are
applicable
in
the
case
of
a
determination,
disapproval,
or
finding
under
section
179(
a).

(
3)
The
sanctions
under
section
179(
b)(
2)
shall
not
apply
pursuant
to
this
subsection
in
any
area
unless
the
failure
to
adequately
enforce
and
administer
the
program
relates
to
an
air
pollutant
for
which
such
area
has
been
designated
a
nonattainment
area.
Information
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36
22
August
2005
(
4)
Whenever
the
Administrator
has
made
a
finding
under
paragraph
(
1)
with
respect
to
any
State,
unless
the
State
has
corrected
such
deficiency
within
18
months
after
the
date
of
such
finding,

the
Administrator
shall,
2
years
after
the
date
of
such
finding,
promulgate,
administer,
and
enforce
a
program
under
this
title
for
that
State.
Nothing
in
this
paragraph
shall
be
construed
to
affect
the
validity
of
a
program
which
has
been
approved
under
this
title
or
the
authority
of
any
permitting
authority
acting
under
such
program
until
such
time
as
such
program
is
promulgated
by
the
Administrator
under
this
paragraph.
[
42
U.
S.
C.
7661a]

SEC.
503.
PERMIT
APPLICATIONS.

(
a)
APPLICABLE
DATE.­
Any
source
specified
in
section
502(
a)
shall
become
subject
to
a
permit
program,
and
required
to
have
a
permit,
on
the
later
of
the
following
dates­

(
1)
the
effective
date
of
a
permit
program
or
partial
or
interim
permit
program
applicable
to
the
source;
or
(
2)
the
date
such
source
becomes
subject
to
section
502(
a).

(
b)
COMPLIANCE
PLAN.­(
1)
The
regulations
required
by
section
502(
b)
shall
include
a
requirement
that
the
applicant
submit
with
the
permit
application
a
compliance
plan
describing
how
the
source
will
comply
with
all
applicable
requirements
under
this
Act.
The
compliance
plan
shall
include
a
schedule
of
compliance,
and
a
schedule
under
which
the
permittee
will
submit
progress
reports
to
the
permitting
authority
no
less
frequently
than
every
6
months.

(
2)
The
regulations
shall
further
require
the
permittee
to
periodically
(
but
no
less
frequently
than
annually)
certify
that
the
facility
is
in
compliance
with
any
applicable
requirements
of
the
permit,

and
to
promptly
report
any
deviations
from
permit
requirements
to
the
permitting
authority.

(
c)
DEADLINE.­
Any
person
required
to
have
a
permit
shall,
not
later
than
12
months
after
the
date
on
which
the
source
becomes
subject
to
a
permit
program
approved
or
promulgated
under
this
title,
or
such
earlier
date
as
the
permitting
authority
may
establish,
submit
to
the
permitting
authority
a
compliance
plan
and
an
application
for
a
permit
signed
by
a
responsible
official,
who
shall
certify
the
accuracy
of
the
information
submitted.
The
permitting
authority
shall
approve
or
disapprove
a
completed
application
(
consistent
with
the
procedures
established
under
this
title
for
consideration
of
such
applications),
and
shall
issue
or
deny
the
permit,
within
18
months
after
the
date
of
receipt
thereof,
except
that
the
permitting
authority
shall
establish
a
phased
schedule
for
acting
on
permit
applications
submitted
within
the
first
full
year
after
the
effective
date
of
a
permit
program
(
or
a
partial
or
interim
program).
Any
such
schedule
shall
assure
that
at
least
one­
third
of
such
permits
will
be
acted
on
by
such
authority
annually
over
a
period
of
not
to
exceed
3
years
after
such
effective
Information
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2005
date.
Such
authority
shall
establish
reasonable
procedures
to
prioritize
such
approval
or
disapproval
actions
in
the
case
of
applications
for
construction
or
modification
under
the
applicable
requirements
of
this
Act.

(
d)
TIMELY
AND
COMPLETE
APPLICATIONS.­
Except
for
sources
required
to
have
a
permit
before
construction
or
modification
under
the
applicable
requirements
of
this
Act,
if
an
applicant
has
submitted
a
timely
and
complete
application
for
a
permit
required
by
this
title
(
including
renewals),
but
final
action
has
not
been
taken
on
such
application,
the
source's
failure
to
have
a
permit
shall
not
be
a
violation
of
this
Act,
unless
the
delay
in
final
action
was
due
to
the
failure
of
the
applicant
timely
to
submit
information
required
or
requested
to
process
the
application.
No
source
required
to
have
a
permit
under
this
title
shall
be
in
violation
of
section
502(
a)
before
the
date
on
which
the
source
is
required
to
submit
an
application
under
subsection
(
c).

(
e)
COPIES;
AVAILABILITY.­
A
copy
of
each
permit
application,
compliance
plan
(
including
the
schedule
of
compliance),
emissions
or
compliance
monitoring
report,
certification,
and
each
permit
issued
under
this
title,
shall
be
available
to
the
public.
If
an
applicant
or
permittee
is
required
to
submit
information
entitled
to
protection
from
disclosure
under
section
114(
c)
of
this
Act,

the
applicant
or
permittee
may
submit
such
information
separately.
The
requirements
of
section
114(
c)
shall
apply
to
such
information.
The
contents
of
a
permit
shall
not
be
entitled
to
protection
under
section
114(
c).

SEC.
504.
PERMIT
REQUIREMENTS
AND
CONDITIONS.

(
a)
CONDITIONS.­
Each
permit
issued
under
this
title
shall
include
enforceable
emission
limitations
and
standards,
a
schedule
of
compliance,
a
requirement
that
the
permittee
submit
to
the
permitting
authority,
no
less
often
than
every
6
months,
the
results
of
any
required
monitoring,
and
such
other
conditions
as
are
necessary
to
assure
compliance
with
applicable
requirements
of
this
Act,

including
the
requirements
of
the
applicable
implementation
plan.

(
b)
MONITORING
AND
ANALYSIS.­
The
Administrator
may
by
rule
prescribe
procedures
and
methods
for
determining
compliance
and
for
monitoring
and
analysis
of
pollutants
regulated
under
this
Act,
but
continuous
emissions
monitoring
need
not
be
required
if
alternative
methods
are
available
that
provide
sufficiently
reliable
and
timely
information
for
determining
compliance.
Nothing
in
this
subsection
shall
be
construed
to
affect
any
continuous
emissions
monitoring
requirement
of
title
IV,
or
where
required
elsewhere
in
this
Act.

(
c)
INSPECTION,
ENTRY,
MONITORING,
CERTIFICATION,
AND
REPORTING.­
Each
permit
issued
under
this
title
shall
set
forth
inspection,
entry,
monitoring,
compliance
certification,

and
reporting
requirements
to
assure
compliance
with
the
permit
terms
and
conditions.
Such
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2005
monitoring
and
reporting
requirements
shall
conform
to
any
applicable
regulation
under
subsection
(
b).
Any
report
required
to
be
submitted
by
a
permit
issued
to
a
corporation
under
this
title
shall
be
signed
by
a
responsible
corporate
official,
who
shall
certify
its
accuracy.

§
70.5(
c)
Standard
applications
form
and
required
information.
The
State
program
under
this
part
shall
provide
for
a
standard
application
form
or
forms.
Information
as
described
below
for
each
emissions
unit
at
a
part
70
source
shall
be
included
in
the
application.
The
Administrator
may
approve
as
part
of
a
State
program
a
list
of
insignificant
activities
and
emissions
levels
which
need
not
be
included
in
permit
applications.
However,
for
insignificant
activities
which
are
exempted
because
of
size
or
production
rate,
a
list
of
such
insignificant
activities
must
be
included
in
the
application.
An
application
may
not
omit
information
needed
to
determine
the
applicability
of,
or
to
impose,
any
applicable
requirement,
or
to
evaluate
the
fee
amount
required
under
the
schedule
approved
pursuant
to
§
70.9
of
this
part.
The
permitting
authority
may
use
discretion
in
developing
application
forms
that
best
meet
program
needs
and
administrative
efficiency.
The
forms
and
attachments
chosen,
however,

shall
include
the
elements
specified
below:

(
1)
Identifying
information,
including
company
name
and
address
(
or
plant
name
and
address
if
different
from
the
company
name),
owner's
name
and
agent,
and
telephone
number
and
names
of
plant
site
manager/
contact.

(
2)
A
description
of
the
source's
processes
and
products
(
by
Standard
Industrial
Classification
Code)
including
any
associated
alternative
scenario
identified
by
the
source.

(
3)
The
following
emission
related
information:

(
i)
All
emissions
of
pollutants
for
which
the
source
is
major,
and
all
emissions
of
regulated
air
pollutants.
A
permit
application
shall
describe
all
emissions
of
regulated
air
pollutants
emitted
from
any
emissions
unit,
except
where
such
units
are
exempted
under
this
paragraph
(
c)
of
this
section.
The
permitting
authority
shall
require
additional
information
related
to
the
emissions
of
air
pollutants
sufficient
to
verify
which
requirements
are
applicable
to
the
source,
and
other
information
necessary
to
collect
any
permit
fees
owed
under
the
fee
schedule
approved
pursuant
to
§
70.9(
b)
of
this
part.

(
ii)
Identification
and
description
of
all
points
of
emissions
described
in
paragraph
(
c)(
3)(
i)

of
this
section
in
sufficient
detail
to
establish
the
basis
for
fees
and
applicability
of
requirements
of
the
Act.

(
iii)
Emissions
rate
in
tpy
and
in
such
terms
as
are
necessary
to
establish
compliance
consistent
with
the
applicable
standard
reference
test
method.

(
iv)
The
following
information
to
the
extent
it
is
needed
to
determine
to
regulate
emissions:

Fuels,
fuel
use,
raw
materials,
production
rates,
and
operating
schedules.
Information
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2005
(
v)
Identification
and
description
of
air
pollution
control
equipment
and
compliance
monitoring
devices
or
activities.

(
vi)
Limitations
on
source
operation
affecting
emissions
or
any
work
practice
standards,

where
applicable,
for
all
regulated
pollutants
at
the
part
70
source.

(
vii)
Other
information
required
by
any
applicable
requirement
(
including
information
related
to
stack
height
limitations
developed
pursuant
to
section
123
of
the
Act.)

(
viii)
Calculations
on
which
the
information
on
paragraphs
(
c)(
3)(
i)
through
(
c)(
3)(
vii)
of
this
section
is
based.

(
4)
The
following
air
pollution
control
requirements:

(
i)
Citation
and
description
of
all
applicable
requirements,
and
(
ii)
Description
of
or
reference
to
any
applicable
test
method
for
determining
compliance
with
each
applicable
requirement.

(
5)
Other
specific
information
that
may
be
necessary
to
implement
and
enforce
other
applicable
requirements
of
the
Act
or
of
this
part
or
to
determine
the
applicability
of
such
requirements.

(
6)
An
explanation
of
any
proposed
exemptions
from
otherwise
applicable
requirements.

(
7)
Additional
information
as
determined
to
be
necessary
by
the
permitting
authority
to
define
alternative
operating
scenarios
identified
by
the
source
pursuant
to
§
70.6(
a)(
9)
of
this
part
or
to
define
permit
terms
and
conditions
implementing
§
70.4(
b)(
12)
or
§
70.6(
a)(
10)
of
this
part.

(
8)
A
compliance
plan
for
all
part
70
sources
that
contains
all
the
following:

(
i)
A
description
of
the
compliance
status
of
the
source
with
respect
to
all
applicable
requirements.

(
ii)
A
description
as
follows:

(
A)
For
applicable
requirements
with
which
the
source
is
in
compliance,
a
statement
that
the
source
will
continue
to
comply
with
such
requirements.

(
B)
For
applicable
requirements
that
will
become
effective
during
the
permit
term,
a
statement
that
the
source
will
meet
such
requirements
on
a
timely
basis.

(
C)
For
requirements
for
which
the
source
is
not
in
compliance
at
the
time
or
permit
issuance,

a
narrative
description
of
how
the
source
will
achieve
compliance
with
such
requirements.

(
iii)
A
compliance
schedule
as
follows:

(
A)
For
applicable
requirements
with
which
the
source
is
in
compliance,
a
statement
that
the
source
will
continue
to
comply
with
such
requirements.

(
B)
For
applicable
requirements
that
will
become
effective
during
the
permit
term,
a
statement
that
the
source
will
meet
such
requirements
on
a
timely
basis.
A
statement
that
the
source
will
meet
in
a
timely
manner
applicable
requirements
that
become
effective
during
the
permit
term
Information
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August
2005
shall
satisfy
this
provision,
unless
a
more
detailed
schedule
is
expressly
required
by
the
applicable
requirement.

(
C)
A
schedule
of
compliance
for
sources
that
are
not
in
compliance
with
all
applicable
requirements
at
the
time
of
permit
issuance.
Such
a
schedule
shall
include
a
schedule
of
remedial
measures,
including
an
enforceable
sequence
of
actions
with
milestones,
leading
to
compliance
with
any
applicable
requirements
for
which
the
source
will
be
in
noncompliance
at
the
time
of
permit
issuance.
This
compliance
schedule
shall
resemble
and
be
at
least
as
stringent
as
that
contained
in
any
judicial
consent
decree
or
administrative
order
to
which
the
source
is
subject.
Any
such
schedule
of
compliance
shall
be
supplemental
to
and
shall
not
sanction
noncompliance
with,
the
applicable
requirements
on
which
it
is
based.

(
iv)
A
schedule
for
submission
of
certified
progress
reports
no
less
frequently
than
every
6
months
for
sources
required
to
have
a
schedule
of
compliance
to
remedy
a
violation.

(
v)
The
compliance
plan
content
requirements
specified
in
this
paragraph
shall
apply
and
be
included
in
the
acid
rain
portion
of
a
compliance
plan
for
an
affected
source,
except
as
specifically
superseded
by
regulations
promulgated
under
title
IV
of
the
Act
with
regard
to
the
schedule
and
method(
s)
the
source
will
use
to
achieve
compliance
with
the
acid
rain
emissions
limitations.

(
9)
Requirements
for
compliance
certification,
including
the
following:

(
i)
A
certification
of
compliance
with
all
applicable
requirements
by
a
responsible
official
consistent
with
paragraph
(
d)
of
this
section
and
section
114(
a)(
3)
of
the
Act;

(
ii)
A
statement
of
methods
used
for
determining
compliance,
including
a
description
of
monitoring,
record
keeping,
and
reporting
requirements
and
test
methods;

(
iii)
A
schedule
for
submission
of
compliance
certifications
during
the
permit
term,
to
be
submitted
no
less
frequently
than
annually,
or
more
frequently
if
specified
by
the
underlying
applicable
requirement
or
by
the
permitting
authority;
and
(
iv)
A
statement
indicating
the
source's
compliance
status
with
any
applicable
enhanced
monitoring
and
compliance
certification
requirements
of
the
Act.

(
10)
The
use
of
nationally­
standardized
forms
for
acid
rain
portions
of
permit
applications
and
compliance
plans,
as
required
by
regulations
promulgated
under
title
IV
of
the
Act.

(
d)
Any
application
form,
report,
or
compliance
certification
submitted
pursuant
to
these
regulations
shall
contain
certification
by
a
responsible
official
of
truth,
accuracy,
and
completeness.

This
certification
and
any
other
certification
required
under
this
part
shall
state
that,
based
on
information
and
belief
formed
after
reasonable
inquiry,
the
statements
and
information
in
the
document
are
true,
accurate,
and
complete.
ATTACHMENT
2
March
23,
2004
FEDERAL
REGISTER
NOTICE
Information
Collection
Request
For
Part
70
Operating
Permit
Regulations
Page
42
22
August
2005
Agency
Information
Collection
Activities:
Proposed
Collection;
Comment
Request;
Part
71
Federal
Operating
Permit
Regulations,
EPA
ICR
Number
1713.05,
OMB
Control
Number
2060­
0336
I.

[
Federal
Register:
March
23,
2004
(
Volume
69,
Number
56)]
[
Notices]
[
Page
13522­
13524]
From
the
Federal
Register
Online
via
GPO
Access
[
wais.
access.
gpo.
gov]
[
DOCID:
fr23mr04­
56]

=======================================================================
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

ENVIRONMENTAL
PROTECTION
AGENCY
[
FRL­
7639­
2;
EDocket
ID
No.
OAR­
2004­
0016]

Agency
Information
Collection
Activities:
Proposed
Collection;
Comment
Request;
Part
71
Federal
Operating
Permit
Regulations,
EPA
ICR
Number
1713.05,
OMB
Control
Number
2060­
0336
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

SUMMARY:
In
compliance
with
the
Paperwork
Reduction
Act(
44
U.
S.
C.
3501
et
seq.),
this
document
announces
that
EPA
is
planning
to
submit
a
continuing
Information
Collection
Request
(
ICR)
to
the
Office
of
Management
and
Budget
(
OMB).
This
is
a
request
to
renew
an
existing
approved
collection.
This
ICR
is
scheduled
to
expire
on
October
31,
2004.
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
May
24,
2004.

ADDRESSES:
Submit
your
comments,
referencing
docket
ID
number
OAR­
2004­
0016,
to
EPA
online
using
EDocket
(
our
preferred
method),
by
e­
mail
to
  
a­
and­
r­
docket@
epa.
gov,''
or
by
mail
to:
EPA
Docket
Center,
Environmental
Protection
Agency,
Air
and
Radiation
Docket
and
Information
Center,
Mail
Code
6102T,
1200
Pennsylvania
Avenue,
NW.,
Washington,
DC
20460.

FOR
FURTHER
INFORMATION
CONTACT:
A.
Scott
Voorhees,
Ph.
D.,
Office
of
Air
Quality
Planning
and
Standards,
U.
S.
Environmental
Protection
Agency,
Mail
Code
C304­
04,
Research
Triangle
Park,
NC
27711;
telephone
number:
919­
541­
5348;
fax
number:
919­
541­
5509;
e­
mail
address:
voorhees.
scott@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
The
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
number
OAR­
2004­
0016,
which
is
available
for
public
viewing
at
the
Air
and
Radiation
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
Information
Collection
Request
For
Part
70
Operating
Permit
Regulations
Page
43
22
August
2005
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
through
EPA
Dockets(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
obtain
a
copy
of
the
draft
collection
of
information,
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,''

[[
Page
13523]]

then
key
in
the
docket
ID
number
identified
above.
Any
comments
related
to
this
ICR
should
be
submitted
to
EPA
within
60
days
of
this
notice.
The
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EDOCKET
as
EPA
receives
them
and
without
change
unless
the
comment
contains
copyrighted
material,
confidential
business
information
(
CBI),
or
other
information
whose
public
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EDOCKET.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Although
identified
as
an
item
in
the
official
docket,
information
claimed
as
CBI,
or
whose
disclosure
is
otherwise
restricted
by
statute,
is
not
included
in
the
official
public
docket,
and
will
not
be
available
for
public
viewing
in
EDOCKET.
For
further
information
about
the
electronic
docket,
see
EPA's
Federal
Register
notice
describing
the
electronic
docket
at
67
FR
38102
(
May
31,
2002),
or
go
to
http://
www.
epa.
gov/
edocket.
Affected
entities:
Entities
potentially
affected
by
this
action
are
those
which
must
apply
for
and
obtain
a
federally
issued
operating
permit
under
title
V
of
the
Clean
Air
Act
(
Act).
These,
in
general,
include
sources
which
are
defined
as
  
major''
under
any
title
of
the
Act.
Title:
Part
71
Federal
Operating
Permit
Regulations.
Abstract:
The
part
71
program
is
a
Federal
operating
permits
program
that
is
being
implemented
for
sources
located
in
Indian
Country,
Outer
Continental
Shelf
sources,
and
also
in
those
areas
without
acceptable
part
70
programs.
Title
V
of
the
Clean
Air
Act
imposes
on
States
the
duty
to
develop,
administer
and
enforce
operating
permit
programs
which
comply
with
title
V
and
requires
EPA
to
stand
ready
to
issue
Federal
operating
permits
when
States
fail
to
perform
this
duty.
Section
502(
b)
of
the
Act
requires
EPA
to
promulgate
regulations
setting
forth
provisions
under
which
States
will
develop
operating
permit
programs
and
submit
them
to
EPA
for
approval.
Pursuant
to
this
section,
EPA
promulgated
40
CFR
part
70
on
July
21,
1992
(
57
FR
32250)
which
specifies
the
minimum
elements
of
State
operating
permit
programs.
Pursuant
to
regulations
promulgated
by
EPA
on
February
19,
1999
(
64
FR
8247),
EPA
has
authority
to
establish
part
71
programs
within
Indian
Country,
and
EPA
began
administering
the
program
in
Indian
country
on
March
22,
1999.
Since
many
Indian
tribes
lack
the
resources
and
capacity
to
develop
operating
permit
programs,
EPA
is
currently
administering
and
enforcing
part
71
programs
in
the
areas
that
comprise
Indian
Country
in
order
to
protect
the
air
quality
of
areas
under
tribal
jurisdiction.
The
EPA
intends
to
protect
tribal
air
quality
through
the
development
of
implementation
plans,
permits
programs,
and
other
means,
including
direct
assistance
to
tribes
in
developing
comprehensive
and
Information
Collection
Request
For
Part
70
Operating
Permit
Regulations
Page
44
22
August
2005
effective
air
quality
management
programs.
The
EPA
will
consult
with
tribes
to
identify
their
particular
needs
for
air
program
development
assistance
and
will
provide
ongoing
assistance
as
necessary.
The
EPA
will
also
issue
permits
to
  
outer
continental
shelf''
(
OCS)
sources
(
sources
located
in
offshore
waters
of
the
United
States)
pursuant
to
the
requirements
of
section
328(
a)
of
the
Act.
For
sources
beyond
25
miles
(
40
km)
of
the
States'
seaward
boundaries,
EPA
is
the
permitting
authority,
and
the
provisions
of
part
71
will
apply
to
the
permitting
of
those
OCS
sources.
Permits
for
sources
located
within
25
miles
of
a
State's
seaward
boundaries
are
issued
by
the
Administrator
(
or
a
State
or
local
agency
which
has
been
delegated
the
OCS
program
in
accordance
with
40
CFR
part
55
of
this
chapter)
pursuant
to
the
part
70
or
part
71
program
which
is
effective
in
the
corresponding
onshore
area.
Investigation
of
the
OCS
ICR
indicates
currently
there
are
only
two
OCS
sources
which
fall
under
the
jurisdiction
of
the
Federal
program.
There
are
approximately
95
sources
in
Indian
Country
that
require
part
71
permits.
The
EPA
has
the
authority
to
establish
a
partial
part
71
program
in
limited
geographical
areas
of
a
State
if
EPA
has
approved
a
part
70
program
(
or
combination
of
part
70
programs)
for
the
remaining
areas
of
the
State.
The
EPA
will
promulgate
a
part
71
program
for
a
permitting
authority
if
EPA
finds
that
a
permitting
authority
is
not
adequately
administering
or
enforcing
its
approved
program
and
it
fails
to
correct
the
deficiencies
that
precipitated
EPA's
finding.
The
EPA
may
use
part
71
in
its
entirety
or
any
portion
of
the
regulations
as
needed.
Similarly,
EPA
may
use
only
portions
of
the
regulations
to
correct
and
issue
a
State
permit
without,
for
example,
requiring
an
entirely
new
application.
Section
71.4(
f)
also
authorizes
EPA
to
exercise
its
discretion
in
designing
a
part
71
program.
The
EPA
may
promulgate
a
part
71
program
based
on
the
national
template
described
in
part
71
or
may
modify
the
national
template
by
adopting
appropriate
portions
of
a
State's
program
as
part
of
the
Federal
program
for
that
State,
provided
the
resulting
program
is
consistent
with
the
requirements
of
title
V.
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
40
CFR
are
listed
in
40
CFR
part
9.
The
EPA
would
like
to
solicit
comments
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.
Burden
Statement:
The
projected
cost
for
implementing
the
part
71
program
for
the
3
years
from
November
1,
2004,
until
October
31,
2007,
is
approximately
$
1.1
million
in
annualized
direct
costs
to
sources.
These
costs
represent
the
direct
administrative
costs
for
95
major
sources,
for
a
cost
of
$
11,711
per
source.
The
Agency
expects
Federal
costs
will
be
$
720,000
($
7,564
per
source).
The
Agency
anticipates
administering
a
part
71
program
for
approximately
95
sources
in
Indian
Information
Collection
Request
For
Part
70
Operating
Permit
Regulations
Page
45
22
August
2005
Country
and
the
Outer
Continental
Shelf.
For
a
part
71
permit
program
in
place
after
withdrawing
part
70
program
approval,
and
which
is
fully
delegated
by
the
Agency,
the
expected
Federal
cost
would
be
$
450,000
($
283
per
source).
These
costs
provide
an
upper
and
lower
bound
to
the
expected
cost
of
the
part
71
regulation.
The
Agency
anticipates
that
these
burden
estimates
will
change
as
the
number
of
State
and
Local
operating
permitting
programs
to
be
administered
by
the
Agency
as
Federal
programs
changes
over
time.
These
changes
to
the
burden
estimate
will
be
reflected
in
the
ICR
document.
Burden
means
the
total
time,

[[
Page
13524]]

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.

Dated:
March
10,
2004.
Richard
A.
Wayland,
Acting
Director,
Information
Transfer
and
Program,
Implementation
Division.
[
FR
Doc.
04­
6429
Filed
3­
22­
04;
8:
45
am]
BILLING
CODE
6560­
50­
P
