  SEQ CHAPTER \h \r 1 United States Environmental Protection Agency

       Office of Air and Radiation

 Office of Air Quality Planning and Standards

Operating Permits Group

January 2007

INFORMATION COLLECTION REQUEST

FOR PART 70

OPERATING PERMIT REGULATIONS

prepared by

Jeff Herring, Environmental Scientist

Operating Permits Group

Air Quality Policy Division

					

EPA #1587.07

The approved burden level in the previous ICR was 4.0 million hours per
year for sources, 1.1 million burden hours per year for permitting
authorities (PAs), and 28 thousand hours for the Federal government; for
a total of 5.1 million hours each year.  The current ICR predicts 4.2
million, 1.1 million, and 28 thousand hours, respectively, for each
respondent group, for a total of 5.3 million hours.  Overall, this is an
expected increase in burden of 200 thousand hours.  This increase in
burden reflects an increase in the number of sources that will be have
their permits renewed during the period of the renewal and a more
accurate estimate of the number of general versus single-source permits.
 For sources, this is an increase in burden of 197 thousand hours,
primarily due to operating gap filling monitoring, preparing monitoring
and annual compliance certification reports, and preparing renewal
applications, despite the offset from the concomitant burden reduction
due to the majority of sources having completed their initial permit
applications.  The Agency predicts States and other PAs will incur a
burden increase of about 9 thousand hours per year, while the Federal
government will benefit from an expected 5 hundred hour reduction in
burden. 

TABLE E-1

BURDEN CHANGE FROM NOVEMBER 2004 ICR TO CURRENT ICR

	Average Annual Burden in November 2004 ICR	Average Annual Burden in ICR
Renewal	Difference

Sources

PAs

Federal	3,978,858

1,130,690

28,294	4,176,069

1,140,070

27,789	197,211

9,380

(505)

Total	5,137,842	5,343,928	206,086



Table E-1 displays the expected annual burden and the expected change in
annual burden for sources, PAs, and the Federal government for
implementation of the title V Operating Permits Program between April
2007 and March 2010.  Of the 5.3 million hours the Agency anticipates it
will take to perform all the functions required each year, over
3 quarters of the burden applies to sources.  However, the magnitude of
the total expected burden can be misleading, due to the number of
permitted sources.  For the 16,818 sources included in this analysis,
the average expected burden is relatively small – just over 6 weeks of
a full time employee's time.

Permitting authorities incur about 21 percent of the burden of part 70
management, with the total burden spread between a significantly smaller
number of entities than that for sources.  On average, the Agency
estimates the burden associated with the title V Operating Permits
Program will be about 10,000 hours per year per PA.  Each PA can expect
to expend an average of 68 hours of effort per source each year, at a
cost of about $3,000 per permit.  However, PA burden cannot be
considered an Unfunded Mandate because the net cost to PAs for their
management of an operating permits program must, by law, be passed on to
the PA's sources through the permit fee.  The cost of permits to sources
must be of sufficient magnitude to fully offset all permit management
costs.  Hence, the true annual cost to permitting authorities under
title V is zero, and the true annual cost to sources is $211.6 million,
approximately $12,600 per source per year.  The small increase in burden
for PAs in this ICR renewal is primarily due to a reduction in the
percentage of sources expected to get less-burdensome general permits
and an increase in permit renewal activity during the period.

The burden and cost savings represented in this ICR for Federal
oversight derives from a decrease in the overall level of effort
expected in those burden categories pertinent to the issuance of initial
permits.  For instance, the previous ICR (November 2004 ICR) anticipated
the EPA would review and consult with the permitting authority to
resolve issues for 355 initial permits.1  This ICR, however, estimates
the Agency will probably review drafts and resolve issues for no more
than 81 initial permits.

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 there
are no adverse effects to be identified vis a vis small entities and
small businesses.  Note that EPA has not made any changes in regulatory
requirements or policy that would impose any new information collection
requirements for small business, however this ICR renewal does show a
small increase in burden and costs due to several variations in
assumptions from the last ICR, including an expected increase in the
number of sources subject to permit renewal requirements, a more
accurate estimate of the percentage of sources that have obtained
less-burdensome general permits, and inflation adjustments for wage
rates. 

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……...…….....8

5.	The Information Collected – Collection Methodology

	and Information  Management.………………………..………...11

6.	Estimating the Burden and Cost of the Collection……..…....…13

Attachment 1

Assumptions for Part 70 ICR
Renewal…………………...…..................27

Attachment 2

Worksheets for Burden
Estimates…………………………....................34

Attachment 3

Title V of the Clean Air Act, the Statutory Requirements

For the Respondent
Information………………………….......................43

Attachment 4

Analysis of Part 70 State Program Evaluations For ICR Renewal Purposes
(1587.07)………...............…………………………….…..
……54

										



This analysis is titled: "Information Collection Request for Part 70
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 Operating
Permits Program, codified in section 40 of the Code of Federal
Regulations (40 CFR) part 70.  This report has been assigned EPA
tracking number ICR # 1587.07.  The OMB tracking number for this ICR is
2060-0243. 

Title V of the Clean Air Act requires States to develop and implement a
program for issuing operating permits to all sources that fall under any
Act definition of major and certain other non-major sources that are
subject to Federal air quality regulations.  The Act further requires
EPA to develop regulations that establish the minimum requirements for
those State operating permits programs and to oversee their
implementation.  The EPA regulations setting forth requirements for the
operating permits programs were codified at 40 CFR part 70 on July 21,
1992. 

The activities that will occur during the period of this ICR include: 

permitting authorities issuing the remaining initial permits; 

sources submitting semi-annual monitoring and annual compliance
certification reports; 

permitting authorities reviewing those reports; 

sources submitting applications for permit revisions; 

permitting authorities processing permit revisions; 

sources applying for permit renewal; 

permitting authorities renewing permits; 

newly subject sources submitting permit applications; and 

permitting authorities issuing new initial permits. 

All of these data are made available for public review and comment.  The
activities to carry out these tasks are considered mandatory and
necessary for implementation of title V and the proper operation of the
operating permits program.  The information will also be available for
public inspection at any time in the offices of the permitting
authorities. 

The Agency anticipates annualized direct costs of the part 70 permit
program for the three years of the ICR to subject sources to be
approximately $480.8 million.  These represent the direct administrative
costs for 16,818 sources, or approximately $9,500 per source per year
(248 hours per source per year).  The Agency estimates the cost of the
part 70 permit program for the three years of the ICR to permitting
authorities to be approximately $153.9 million ($3,000 and 68 hours per
source per year) while Federal costs for the three years of the ICR will
be approximately $3.8 million (2 hours and $74 per source per year).

In implementing title V of the Act and EPA's part 70 operating permits
for the regulations, State and local permitting authorities must develop
programs and submit them to EPA for approval (section 502(d)).  Sources
subject to the program must prepare operating permit applications and
submit them to the permitting authority within 1 year after approval of
the program by EPA (section 503).  Permitting authorities will then
issue permits (section 503(c)) and thereafter enforce, revise, and renew
those permits at no more than 5-year intervals (section 502(b)(5)). 
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 monitoring reports semi-annually and
compliance certification reports annually, to the permitting authorities
(section 503(b)(2)).  The EPA has the responsibility to oversee
implementation of the program (section 502(c)).  A copy of sections 502
through 504 of title V of the Act are in Attachment 3. 

The burden estimates included in this ICR include the total burden of
implementing the part 70 operating permits program. For the 3-year
period covered by this ICR, all State programs (including those portions
of States for which an operating permits program is being implemented by
a local agency) have been submitted to EPA and have been granted full
approval.  All permit applications have been submitted to State or local
permitting authorities except for sources that will newly be subject to
the program. 

To carry out the remaining activities of the program (listed above in
section 1.2), permitting authorities must obtain the required
information from sources subject to the program and they must then carry
out their functions (e.g., permit issuance, renewal, and revision and
report review) based on the information. 

The information included in this ICR is based upon the best data sources
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
permitting authority 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 directionally correct
assessment of the impact the 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.  Because this ICR estimates the
expected impact of the Operating Permits Program, reporting values at
the single unit level may 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 would 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.

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 has no leeway to not require 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
implementation plans), the part 70 program may replace those activities
thus avoiding duplication of efforts. 

For any existing rule, § 3507(g) of the PRA limits the length of time
for which the Director may approve a collection of information to 3
years.  The last ICR renewal (EPA tracking number 1587.06) was granted
on November 1, 2004 for the period ending March 31, 2007. 

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.  The Agency is currently soliciting comment on an analysis
of burden for the part 70 program for the 3-year period of this ICR
(i.e., April 1, 2007 to March 31, 2010).

In updating this ICR, EPA relied on the latest information on the number
of sources subject to the program and the number of permits issued which
is provided to EPA’s regional offices, quarterly, by permitting
authorities within their jurisdictions.  Also, in the past EPA contacted
the State and Territorial Air Pollution Program Administrators and the
Association of Local Air Pollution Control Officers (STAPPA/ALAPCO), now
known as the National Association of Clean Air Agencies (NACAA), and
received input from their membership regarding burden associated with
title V activities.  The EPA remains committed to accept input from this
organization at any time and may consider this information for future
updates.  

The burden estimates for specific activities for this ICR renewal
continues to rely on consultations conducted for the previous ICRs, as
shown below.

Permitting authorities contacted by EPA:



Tom Micai, New Jersey DEP, 609-292-0834 

Lisa McClung, West Virginia DEP, 304-558-0885 

Wayne Anderson, Mississippi DEQ, 601-961-5153 

Rick McVaigh, San Joaquin UAPCD, 209-497-2000 

Geri O. Sullivan of STAPPA/ALAPCO (now NACAA) contacted the following
members and provided their responses to EPA: 

Jim Ross, Illinois EPA, 217-782-4651 

Brian Fitzgerald, Vermont ANR, 802-241-3848 

Phil Davis, Alabama DEM, 334-271-7875 

Curt Marshall, Regional Air Pollution Control Agency (Dayton, OH),
937-225-4435 

Renee Bashel, Wisconsin DNR, 608-266-7718 

In the last ICR renewal, EPA discussed two other EPA activities that it
thought would yield additional title V burden information for this
renewal.  One of these activities was a nationwide, comprehensive
evaluation of the majority of title V operating permits programs, which
was completed September 2006.  The second activity is a stakeholder
effort to assess all aspects of the title V program, currently lead by
the Clean Air Act Advisory Committee.  (This effort is known as the
Title V Task Force.)  The first activity, the State program evaluations,
was not specifically designed to provide information for purposes of
estimating burdens and cost of title V programs but it did result in
information that generally supports the assumptions of the prior ICR,
including those based on input from State and local permitting
authorities.  There is only one assumption for permitting authorities
that has changed in response to these evaluations, that is the frequency
that public comments results in changes to draft permits (see  Table 8,
section 6.3.2), which did not lead to significant changes in burden for
permitting authorities.  See analysis of State program evaluations
included as Attachment 4).  The second activity, the Title V Task Force,
resulted in recommendations on ways that EPA could improve the
effectiveness of the title V programs, such as through rulemaking or the
issuance of guidance, but it did not result in any information useful
for estimating burdens for this ICR.  Although this effort is on-going,
it is unlikely that it will lead to any other information useful for ICR
renewal purposes in the future. (See
http://www.epa.gov/oar/oaqps/permits/taskforce.html) 

In general, the information collections included in this ICR are
one-time submittals per activity (e.g., permit application, permit
issuance, permit revision).  Exceptions are deviation reports that must
be submitted "promptly" and the semi-annual monitoring data report and
the annual compliance certification.  These reports are required by
section 503(b)(1) and (2), respectively, of the Act and EPA has no
leeway to require less frequent reporting. 

Part 70 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, other than confidential business information, relating
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.  Section 70.4(b)(3)(viii)
requires the permitting authority to make available to the public any
permitting information except that entitled to protection from
disclosure under section 114(c) of the Act. Protected information may be
required to be submitted directly to EPA.  Such information will be
stored in EPA's Confidential Business Information office.  



Respondents to this information collection come from two groups:
permitting authorities (PAs) and sources required to obtain an operating
permit. 

All States are required by title V to develop a part 70 operating
permits program.  In many instances, local agencies administer a program
in their jurisdiction in lieu of the State and are thereby subject to
the same program requirements as States.  In total, there are 112 State,
territorial, and local agencies administering operating permits
programs. 

Under title V, all major stationary sources must obtain an operating
permit.2  Some non-major sources may also be subject to the program if
they are subject to a Federal standard such as a New Source Performance
Standard (including standards for hazardous air pollutants).  Some of
these sources have been exempted from the program or the applicability
of the program requirements are deferred until some future date. 
Information provided to the EPA by permitting authorities indicate
16,643 sources are now subject to the program, representing more than
500 SIC codes.  Additional information (including SIC codes) for major
sources subject to title V is found by accessing the web page below:

http://www.epa.gov/compliance/resources/publications/data/systems/air/af
smajorsources.pdf 

All activities associated with the operating permits program are
considered information collection activities and are reflected in the
ICR for part 70.  Following are lists of the operating permits program
data items submitted by sources and permitting authorities and program
activities performed by permitting authorities and sources.  These lists
differ from those included in previous part 70 ICRs because experience
gained in implementing the program allows a more realistic breakout of
activities.  The Agency believes the list of tasks below more accurately
represents the burdens experienced by sources and permitting authorities
and allows a more accurate estimate of burden. 

Permitting Authorities (submitted to EPA)

Applications for initial permits, permit revisions, and permit renewals

Draft/proposed permits, permit revisions, or permit renewals 

Final permit 

Annual report of enforcement activities 

Sources (submitted to permitting authority): 

Application for initial permits, permit revisions, and permit renewals

Deviation reports that must be filed "promptly"

Semi-annual periodic monitoring report 

Annual compliance certification report 

PERMITTING AUTHORITY ACTIVITIES

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 EPA meetings and conferences, providing public education, and
other program related activities 

Permit application review, including discussions with a source
concerning the completeness of the permit application 

Draft permit preparation, including contact with the source 

Comment period notification: Providing notice to the public, EPA, and
affected States of the comment period on a draft permit 

Public hearing administration: Administering a public hearing, when
appropriate 

Interaction with EPA on a proposed permit, including negotiations,
re-drafting, and formal EPA objections (including those attributable to
public petitions) 

Response to public comments: Analyzing public comments and revising the
permit accordingly 

Permit issuance: Formalizing permits, including web activities and
source notification 

General permits administration (Burden for issuing general permits
included with other permit issuance burden) 

Permit revision: Modifying permits to reflect changes at the source
otherwise prohibited by the permit  

Permit renewal: Updating the permit to reflect changes at the source,
not captured through permit revision (includes reviewing application,
drafting changes, public notice, and permit issuance) 

Monitoring and compliance certification: Reviewing deviation and
semiannual monitoring reports and annual compliance certification 

Annual reporting: Preparing and submitting to EPA annually a report of
the State's enforcement activities

SOURCE ACTIVITIES

Permit application preparation, including internal meetings, permitting
authority discussions, management and legal department involvement,
responsible official certification, contractor services 

Draft permit development: Interaction with the permitting authority on
draft permit development 

Gap-filling development: Development of periodic monitoring or
reporting, where necessary

Public hearing participation 

Operate gap-filling periodic monitoring: Operation of monitoring
equipment and the taking and keeping of records, where necessary 

Monitoring reports: Preparing deviation and semi-annual monitoring data
reports and annual compliance certifications, including data analysis,
responsible official certification, and report submission 

Permit revisions: Preparing applications for revisions 

Permit renewal: Preparing permit renewal applications

Other activities associated with permit renewal, including discussions
with permitting authority and public hearing participation

EPA ACTIVITIES

Review proposed permits and permit revisions to determine if they
provide for compliance with all applicable requirements 

Review monitoring provisions of proposed permits or permit revisions to
see if they contain applicable requirements or to add periodic
monitoring if needed

Consult with the permitting authority on any problems detected in the
proposed permit or permit revision including interaction related to
objection procedures

ns



The Agency will receive proposed permits or permit revisions in hard
copy or electronically, depending on permitting authority capability. 
Each EPA Regional Office has determined with their permitting
authorities the most efficient system to exchange information.  Each
Regional Office maintains files of permit information only to the extent
that the office determines the need for file retention.  This will vary
depending on factors such as the source (e.g., large, complicated
sources vs. small), the type of permit (general vs. full), the number of
actions occurring at a source, or the record of the source with respect
to compliance.  There is no need for EPA to maintain complete files of
permit actions for public access since these are maintained by
permitting authorities. 

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 for those
non-major source categories for which compliance with title V will be
impractical, infeasible, or unnecessarily burdensome.  (For example, see
a recent final rule, 70 FR 75320, December 19, 2005, which exempted a
large number of small sources).  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. 

For industries with a large number of identical sources (e.g., bulk
gasoline distribution terminals and gravel mining operations), general
permits may be used to meet the requirements of title V, instead of a
source-specific permit. General permits can reduce the burden of the
program on small businesses. 

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 does not significantly increase burden relative to 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): 

Application 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

The final permit should be submitted to EPA soon after it is issued, but
there is no deadline in part 70 for this submission

The annual report of enforcement activities is submitted to EPA
annually, but part 70 does not specify a date

Responding to program evaluation questionnaires

	

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 at the discretion of the source

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

The semi-annual periodic monitoring report is due to be submitted to the
permitting authority twice a year on dates specified by the permitting
authority 

The annual compliance certification report is due annually on a date
specified by the permitting authority 

Deviation reports (frequency is defined by permitting authority but at
least every six months)

Historically, the Agency has identified 116 permitting authorities for
title V purposes.  This number includes several governmental agencies
that do not manage operating permits programs.  In actuality, there are
112 permitting authorities acting within the United States. Forty-nine
States operate as permitting authorities, with California employing 34
local air quality management organizations in lieu of a statewide
permitting authority.  Puerto Rico, the Virgin Islands, and Washington
D.C. all have operating permits programs, and there are 26 county or
regional permitting authorities within States that operate in a manner
similar to that of California. 

As of September 2006, the Agency identified 16,643 sources subject to
permitting under 40 CFR part 70, 16,441 of which have already received
permits, representing a backlog of 202 sources.  We consider sources who
have not yet received initial permits to be in the backlog if the
deadline for the permitting authority to act on the application has
passed and a permit has not been issued.  Also, between September 2006
and March 2007, EPA estimates that 25 new sources will become subject to
permitting, and that an additional 54 permits will be issued (i.e.,
comprised of 25 new sources and 29 backlogged sources).  Thus, at the
beginning of the period covered by this analysis, EPA estimates there
will be a source population of 16,668 sources, 16,495 issued permits,
and a backlog of 173 permits.  In addition, during the three years of
this ICR we assume that the backlog of initial permits will be reduced
in equal amount each year, eliminating the backlog by the end of the
period of analysis.  Also, 150 sources will become newly subject to
permitting during the period of the analysis as a normal consequence of
economic growth.  Table 1 summarizes the number of permitting
authorities and the number of permits to be issued during the period of
this ICR renewal.

In the original 1992 RIA and ICR for the Operating Permits Regulations,
the Agency anticipated 34,324 sources would be required to obtain
operating permits.  Since that time, the Agency has offered additional
regulatory relief to sources by providing a vehicle through which
sources defined as major based upon their potential to emit can, by
contractually limiting operations, reduce their potential to emit to
under the major source threshold (generally 100 tons per year of a
criteria pollutant, 25 tons of a mixture of HAPs, or 10 tons of a single
HAP).  The success of this "synthetic minor" program can readily be seen
by the significant drop (over 16,000 sources) in the number of affected
major sources. 

TABLE 1

IDENTIFICATION OF AFFECTED ENTITIES AND PERMIT ISSUANCE SCHEDULE

PERMITTING AUTHORITIES	SOURCES

State Permitting Authorities                   

   PLUS: California Local Authorities      

   PLUS: Territories and Possessions      

   PLUS: District of Columbia                   

   PLUS: Other Local PAs                     

Total Permitting Authorities                 	   49

   34

     2

   1

  26

112	Total Population of Part 70 Sources as of September 2006            
                      

Less: Sources Permitted Before September 2006                           
  

Less: Sources Permitted September 2006 to March 2007                 

Total Sources Expected to Be Permitted by March 2007                 

Plus: Newly Subjected Sources Before March 2007                         
  

Sources remaining to Be Permitted by March 2007

                                                                      

Percent of Sources Expected to Be Covered by General Permits    

Existing Sources Expected to Be Covered                                 
                              

Less: Sources Covered by March 2007                                     
                              

Existing Sources Issued General Permits During this ICR                 
                        

Plus New Subject Sources During ICR Period (3 years)

Total Permits to be Issued in Year 1

Less: New Sources Covered by General Permits

Single-source Permits to be Issued in Year 1

                                              

Total Permits to be Issued in Year 2

Less: New Sources Covered by General Permits

Single-source Permits to be Issued in Year 2

                                      

Total Permits to be Issued in Year 2

Less: New Sources Covered by General Permits                        

Single-source Permits to Be Issued in Year 3 

                 

Total (single) Permits Expected to Be Issued During This ICR 	          
                        

16,441                              

54                 

16,495                 

25                            

                                                                      

    

                                                                

                                                                  

                                          

	16,643                                   

                             

                 

                 

                            

173

                                                                      

16%    

2,667                                                                

2,667                                                                   

0                                          

150

108

0

108

                                              

108

0

108

                                      

107

0                        

107 

                 

323



Another example of regulatory relief incorporated into the operating
permits program is the general permit, which allows large numbers of
homogenous major sources of pollution to receive the same permit. This
program has been successful in allowing approximately 16% (more than
2,600 part 70 sources) of all part 70 sources a cost-effective
alternative to single-source permitting. Note that in prior analyses we
estimated that 20% of sources would get general permits, but data EPA
has collected recently from permitting authorities supports revising
this estimate downward to 16% for purposes of the current analysis.  The
EPA estimates that by March 2007 (when the period of this ICR begins),
the total population of part 70 sources will have grown to 16,668 and
that 16% of these sources (2,667 sources) will have received general
permits.  Because general permits are typically relatively easy to
issue, the Agency assumes that all existing sources eligible for general
permits will have received them by March 2007 and that none of the 173
backlogged sources will be issued general permits during the three years
of this ICR.  We further assume that none of the estimated 150 newly
subject sources will receive general permits during the period of this
ICR.

 

Data collected by EPA suggests a renewal backlog of 8,552 permits as of
September 2006.  These permits will need to be renewed during the 3-year
ICR period in order to eliminate the backlog.  Additional permits will
become subject to renewal during the ICR period because their initial or
previous renewal permits are expiring.  Thus, the total amount of
permits projected to be renewed during the ICR period is 11,668.  EPA
assumes that the total number of permits to be renewed in each year of
the ICR will be 1/3 of the backlog plus whatever permits would normally
come up for review because their permits are at the end of their 5-year
term, or 4,414 the first year, 3,710 the second year, and 3,544 the
third year.  This analysis also assumes that 84% of renewal permits will
be issued as single-source permits and 16% as general permits,
consistent with EPA’s revised assumption.  

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  The Agency derived its
estimates in Tables 2 and 3 from previous consultations with fewer than
nine respondents from the regulated community on the burdens and costs
of the permit programs, data collected by EPA from permitting
authorities on the numbers of permits issued, renewed, and modified in
the course of program administration, and based on our analysis of data
submitted within the context of State and local permitting program
evaluations.  The specific tasks included in each activity are in
Section 4.2.2, above, and the worksheets in Attachment 2 of this ICR. 

Table 4 includes Federal burden estimates for each of the EPA activities
discussed above in section 4.2.2.  Based on Agency experience with the
operating permits program over the years, these estimates remain
unchanged from the last ICR renewal.

TABLE 2

AVERAGE SOURCE BURDEN BY ACTIVITY

ACTIVITY	BURDEN PER SOURCE OR PERMIT (Hours)

Prepare Application	300

Draft Permits Interaction	 40

Gap-filling Monitoring Development	 40

Public Hearing Participation	 10

Operate Gap-filling Periodic Monitoring	200

Prepare Monitoring Reports	 80

Permits Revisions

   Significant Permit Modifications(10% of Permits)

   Minor Permit Modifications (50% of Permits)

   Administrative Amendments (50% of Permits)	

80

40

 8

Re-application of General Permit	 2

Permit Renewal	200

Other Activities	 20



TABLE 3

PERMITTING AUTHORITY BURDEN BY ACTIVITY

ACTIVITY	BURDEN PER PERMIT OR PROGRAM (Hours)

Program Administration	3,500 / PA

Permit Application Review	100 / permit

Draft Permits Preparation	150 / permit

Comment Period Notification	10 / permit

Hold Public Hearings	100 / hearing

Interaction with EPA	20 / permit

Analyze Public Comments	40 / permit

Permits Issuance	8 / permit

General Permits	80 / PA

Permit Revision

   Significant Permit Modification

   Minor Permit Modification

   Administrative Amendment	

60/ permit

20 / permit

5 / permit

Permits Renewal	60 / permit

Renew General Permits	10 / permit 

Review Monitoring and Compliance Certification Reports	5 / report /
permit

Annual Enforcement Activity Reporting	40 / PA



TABLE 4

EPA  ACTIVITIES

ACTIVITIES	BURDEN HOURS PER PERMIT

Review Proposed Permits*

   New Permits

   Significant Permit Modifications

   Minor Permit Modifications	

20 / permit

 8 / revision

 1 / revision

Consultation

   New Permits (25%)

   Significant Permit Modifications (25%)

   Minor Permit Modifications (25%)	

 8 / permit

 8 / permit

 1 / permit

Review the Annual Enforcement Activity Reports	10 / report

* Includes the burden for review of periodic monitoring

Historically, the Agency had assumed 70% of all source burden categories
would be performed in-house, with the remaining 30% delegated to
contractors.3  However, this renewal incorporates the previous ICR
reassessment of that assumption, which is based on allocation of
contractor support for only the initial permit application task.  This
analysis assumes one-third of the source's initial permit application
preparation would be performed by contracted labor.  The remainder of
the source's tasks would be done entirely in-house.  

In the 2000 ICR renewal, EPA determined source wage rates based on data
from the 1997 Statistical Abstract of the United States, adjusted to
1999 dollars using the Employment Cost Index (ECI).  The Agency
estimated the total hourly cost of in-house labor using the wage rates
for technical support staff (at full time), administrative staff (at
one-eleventh time), and administrative support staff (at one-eighth
time), adding in the costs for benefits, sick leave/vacation, and
general overhead.  The resulting hourly cost was $32 per hour for
in-house labor.  In the 2004 ICR renewal, EPA calculated an updated
hourly cost for in-house labor using the same methodology.  At that
time, the hourly cost was $34 per hour.

For this ICR renewal, the Agency was unable to duplicate the methodology
used in 2000 and 2004 because the Bureau of the Census has changed the
data reported in the Statistical Abstract of the United States. 
Instead, EPA updated the hourly cost for in-house labor by adjusting the
2004 value (in 2003 dollars) to 2006 dollars using the ECI for
white-collar workers in private industry.  This calculation resulted in
an hourly cost of $38 for in-house labor as detailed below in Table 5.

TABLE 5

 

 

 

ECI2003 and ECI2005 from U.S. Census Bureau, Statistical Abstract of the
United States, 2007, Table 632, Private industry workers, white-collar
occupations.  Available at   HYPERLINK
"http://www.census.gov/compendia/statab/labor_force_employment_earnings/
compensation_wages_and_earnings/" 
www.census.gov/compendia/statab/labor_force_employment_earnings/compensa
tion_wages_and_earnings/ 

ECI2006factor from U.S. Department of Labor, Bureau of Labor Statistics
at   HYPERLINK "http://www.bls.gov/new.release/eci.t05.htm" 
www.bls.gov/new.release/eci.t05.htm .  Index for September 2006 relative
to December 2005 for private industry workers, white-collar occupations
excluding sales.



For contracted labor, operating permit management and reporting require
the same skills employed by the EPA's consultants.  For the 2000 ICR, as
an estimation of a source's 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, applying the methodology employed below in Table 6 for
establishing a Federal and PA FTE wage rate.  The fully loaded hourly
cost calculated at that time for Industry-hired consultants is $268
(1999 dollars).  Therefore, the hourly rate for preparing the initial
permit application was set at $111 for the 2000 ICR (1/3 of $268 plus
2/3 of $32).  All other source tasks were estimated using the in-house
hourly cost of $32 per hour. 

Because of the confidential nature of the values used to estimate
contractor hourly costs, the exact methodology was not documented in the
2000 ICR.  As a result, for the 2004 ICR renewal EPA used the ECI to
update the hourly cost for preparing initial permit applications,
calculating a value of $131 per hour.  For the current ICR renewal, EPA
has used the same approach.  The Agency used the methodology detailed
above in Table 5, except that we started with the value in 1999 dollars
($111 per hour) and used the ECI for 1999 (146.9) in place of the ECI
for 2003.  This resulted in an hourly cost for preparing an initial
permit application of $143.  All other source tasks are estimated at the
in-house hourly cost of $38 per hour, as discussed above.

Historically, the Agency applied a $34 per hour rate for Federal and
State full time employee (FTE) wage rates.  During the development of
the ICR for the part 71 Federal Operating Permit Regulations, the Agency
was instructed by the Office of General Council (OGC) to compute more
accurate estimations of these hourly costs.  To determine the
appropriate hourly wage to apply to each respondent burden estimation,
OGC instructed the Agency to assume the appropriate FTE rate to apply
would be a GS-11 Step 3, fully loaded to account for overhead, benefits,
and all other appropriate costs.  To fully incorporate the cost of that
FTE's support staff and managerial costs, the Agency also assumed
one-eleventh of a manager's time (at a GS-13, Step 3 level), and
one-eighth of a secretary's time (at a GS-6, Step 6 level).  Applying
the same process for this ICR renewal, the Agency has determined the
appropriate cost of Federal and permitting authority burden at $45 per
hour. Table 6 displays the calculation of this rate.  

TABLE 6

DETERMINATION OF FEDERAL AND PERMITTING AUTHORITY BURDEN COSTS

Annual Salary of Permit Staff, GS 11 Step 3 (FY 06 Schedule)*           
                   $49,269.00

Annual Cost of Supervisory Staff, GS 13 Step 3 (FY 06 Schedule )*    
$70,220.00

     Factor (1/11)                                                      
                                         0.09

                                                                        
                                                            $6,319.80

Annual Cost of Admin. Support Staff, GS 6 Step 6 (FY 06 Schedule)*
$32,765.00

     Factor (1/8)                                                       
                                          0.13

                                                                        
                                                            $4,259.45

Annual Applicable Salary of Permit Staff                                
                                  $59,848.25

Benefits (at 16%)                                                       
                                                 $9,575.72

  

Sick Leave/Vacation (at 10%)                                            
                                         $5,984.83

General Overhead                                                        
                                            $18,511.67

Total Cost Per FTE                                                      
                                              $93,920.47

Total Hourly Cost (Total Per FTE divided by 2,080 hours per year)       
                         $45.15

* http://www.opm.gov/oca/06tables/html/gs.asp, January 4, 2007

Table 7 lists the burden categories for respondent sources, the number
of estimated occurrences for each item, and the expected cost for each,
based on the burden estimations from Table 2. 

Table 8 lists the burden categories for respondent permitting
authorities, the expected number of permits or programs involved, and
the expected cost for each, based on the burden estimations from Table
3. 

Table 9 lists the burden categories for Federal oversight, the number of
estimated permits or programs involved, and the expected cost for each,
based on the burden estimations from Table 4. 

TABLE 7

THE BURDEN AND COST OF SOURCE ACTIVITIES FOR THE 3-YEAR ICR PERIOD

ACTIVITY	BURDEN HOURS PER PERMIT	RATE PER HOUR	AFFECTED PERMITS	TOTAL
BURDEN (HOURS)	TOTAL COST ($2006)

Prepare Application	300	$143	150	45,000	$6,435,000

Draft Permit	40	$38	323	12,920	$490,960

Gap Filling Monitoring Development	40	$38	162	6,480	$246,240

Public Hearing Participation	10	$38	6	60	$2,280

Operate Gap Filling Monitoring

   Year 1

   Year 2

   Year 3	200	$38	

8,248

8,302

8,356	

1,649,600

1,660,400

1,671,200

4,981,200	

  $62,684,800

  $63,095,200

  $63,505,600

$189,285,600

Prepare Monitoring Reports

   Year 1

   Year 2

   Year 3	80	$38	

16,495

16,603

16,711	

1,319,600

1,328,240

1,336,880

3,984,720	

  $50,144,800

  $50,473,120

  $50,801,440

$151,419,360

Permit Revisions

   Significant Permit Modification

      Year 1

      Year 2

      Year 3

   Minor Permit Modifications

      Year 1 

      Year 2

      Year 3

   Administrative Amendments

      Year 1

      Year 2

      Year 3	

80

40

8	$38	

1,383

1,394

1,404

4,181

  6,914

  6,968

  7,022

20,904

  6,914

  6,968

  7,022

20,904	

110,640

111,520

112,320

334,480

276,560

278,720

280,880

836,160

  55,312

  55,744

  56,176

167,232	

  $4,204,320

  $4,237,760

  $4,268,160

$12,710,240

$10,509,280

$10,591,360

$10,673,440

$31,774,080

$2,101,856

$2,118,272

$2,134,688

$6,354,816

General Permit Renewal	2	$38	1,867	3,734	$141,892

Permit Renewal	200	$38	9,801	1,960,200	$74,487,600

Other Activities	20	$38	9,801	196,020	$7,448,760

Totals



12,528,206	$480,796,828





TABLE 8

THE BURDEN AND COST OF PERMITTING AUTHORITY ACTIVITIES FOR THE 3-YEAR
ICR PERIOD

ACTIVITY	Burden Hours per Permit	Affected Permits or Programs	Total
Burden (Hours)	Total Cost ($2006)

Program Administration	3,500	112 programs	1,176,000	$52,920,000

Permit Application Review	100	150	15,000	$675,000

Draft Permit Preparation	150	323	48,450	$2,180,250

Comment Period Notification	10	323	3,230	$145,350

Public Hearing	100	6	600	$27,000

Interaction with EPA	20	323	6,460	$290,700

Analyzing Public Comments	40	6	240	$10,800

Permit Issuance	8	323	2,584	$116,280

General Permits Administration	80	112 programs	26,880	$1,209,600

Permit Revisions

     Significant                                       Year 1

                                                            Year 2

                                                            Year 3	60

	

1,383

1,394

1,404

4,181	

  82,980  

  83,640

  84,240

250,860	

$11,288,700

     Minor                                               Year 1

                                                             Year 2

                                                             Year 3	20

	  6,914

  6,968

  7,022

20,904	138,280

139,360

140,440

418,080	  

  

  

$18,813,600

     Administrative                                  Year 1

                                                             Year 2

                                                             Year 3

	5

	  6,914

  6,968

  7,022

20,904

	  34,570 

  34,840

  35,110

104,520

773,460	

$4,703,400

$34,805,700

Permit Renewals	60	9,801	588,060	$26,462,700

Review General Permits	10	1,867	18,670	$840,150

Review Monitoring and Compliance Certification Reports

                                                             Year 1

                                                             Year 2

                                                             Year 3	

15

15

15	

16,495

16,603

16,711	

247,425

249,045

250,665

747,135	

$11,134,125

$11,207,025

$11,279,925

$33,621,075

Annual Enforcement Activity Reporting	40	112 programs	13,440	$604,800

Totals

	3,420,209	$153,909,405



TABLE 9

THE BURDEN AND COST OF EPA ACTIVITIES FOR THE 3-YEAR ICR PERIOD

ACTIVITY	Burden Hours	Affected Permits or Programs 	Total Burden (Hours)
Total Cost ($2006)

Review Permits and Revisions

     New Permits

     Renewals

     Significant Permit Revisions            Year 1

                                                             Year 2

                                                             Year 3

     Minor Permit Revisions                    Year 1

                                                             Year 2

                                                             Year 3

	

20

20

8

1

	

81

490

1,383

1,394

1,404

4,181

  6,914

  6,968

  7,022

20,904

	

1,620

9,800

11,064

11,152

11,232

33,448

  6,914

  6,968

  7,022

20,904	

$72,900

$441,000

   $497,880

   $501,840

   $505,440

$1,505,160

$311,130

$313,560

$315,990

$940,680

Consult with PA

     New Permits

    Significant Permit Revisions             Year 1

                                                             Year 2

                                                             Year 3

     Minor Permit Revisions                    Year 1

                                                             Year 2

                                                             Year 3

	

8

8

1	

81

   346

   348

   351

1,045

1,729

1,742

1,755

5,226	

648

2,768

2,784

2,808

8,360

1,729

1,742

1,755

5,226

	

$29,160

$124,560

$125,280

$126,360

$376,200

  $77,805

  $78,390

  $78,975

$235,170

Review the Annual Report	10	112	3,360	$151,200

Totals

	83,366	$3,751,470



Tables 2, 3, and 4 display the activities of the part 70 program for
sources, permitting authorities, and Federal government (EPA),
respectively.  Table 5 explains the derivation of the hourly cost of
in-house labor for sources, and Table 6 gives the derivation of hourly
costs for permitting authorities and EPA.  Tables 7, 8, and 9 display
the total burden and costs associated with each of these categories. 
Table 10 below summarizes the costs for all three types of affected
entities in 2006 dollars.  

TABLE 10

BOTTOM LINE BURDEN AND COST (2007-2010)

	Number of Affected Entities	Total ICR (3-Year) Burden Hour	Average
Annual Burden Per Respondent	Average Annual Burden Per Source	Total ICR
(3-Year) Cost ($2006)	Average Annual Cost Per Respondent ($2006)	Average
Annual Cost Per Source

Sources	16,818	12,528,206	248	248	$480,796,828	$9,529	$9,529

PAs	112	3,420,209	10,179	68	$153,909,405	$458,064	$3,050

Federal	1	83,366	27,789	2	$3,751,470	$1,250,490	$74

Total

16,031,781	NA	NA	$638,457,703	NA	NA



Table 10 displays the expected burden and cost for sources, permitting
authorities, and the Federal government for implementation of the title
V Operating Permits Program between April 2007 and March 2010.  Of the
16.0 million hours the Agency anticipates it will take to perform all
the functions required by title V, over 3 quarters of the burden applies
to sources.  However, the magnitude of the total expected burden can be
misleading, due to the number of permitted sources.  For the 16,818
sources included in this analysis, the average expected burden is
relatively small – just over 6 weeks of a full time employee's time. 
Likewise, the cost associated with that burden is also small - about
$9,500.

Permitting authorities incur about 21 percent of the burden in Table 10,
with the total burden spread between a significantly smaller number of
entities than that for sources.  On average, the Agency estimates the PA
burden associated with the title V Operating Permits Program will be
about 10,000 hours per year.  However, for some permitting authorities
with relatively fewer sources (Connecticut, Wyoming, etc.), this average
burden will exceed their actual burden; and, for permitting authorities
with more than the average number of sources (Louisiana, Texas, etc.),
the average burden will be too low.  A better measure of the effect of
title V regulations on permitting authorities would be to divide the
total estimated hours by the number of operating permits.  On average,
each PA can expect to spend about 70 hours per year managing and
overseeing each permit in its jurisdiction, at a cost of approximately
$3,000 per permit.  However, this cost cannot be considered an Unfunded
Mandate from the Federal government, because the net cost to permitting
authorities for their management of an operating permits program must,
by law, be passed on to sources in the form of permit fees of sufficient
magnitude to fully offset all permit management costs.  Therefore, the
true annual cost to permitting authorities under title V is zero, and
the true annual cost to sources is $212 million, or approximately
$12,600 per permit. 

The part 70 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 program have changed
since the previous ICR. State and local permitting authorities first
developed their programs and submitted them to EPA for approval. This
activity occurred over several years during which approved programs were
beginning to be implemented by first having sources submit permit
applications. As the later program submissions were being approved, some
agencies were in the early stages of issuing permits. As of the
beginning of this ICR, all programs are approved and essentially all
permit applications have been submitted to the permitting authorities. 

With the experience gained through program implementation, EPA and
permitting authorities have a better 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.  The burden (in
hours) in this ICR can be accurately compare to the approved burden
levels in its predecessor on an activity-by-activity basis, since these
burdens are independent of changes in the wage rates used to compute the
costs for each activity.

The approved burden level in the previous ICR was 4.0 million hours per
year for sources, 1.1 million burden hours per year for permitting
authorities, and 28 thousand hours for Federal oversight; for a total of
5.1 million hours. Table 11 compares the burden in the previous ICR
with the burden in this ICR.  The change in burden is an increase from
the previous ICR due to changes in levels of program activities that
have occurred as a result of evolution of the program. These changes
would be considered "adjustments" and are shown as such on the ROCIS
worksheets for this ICR. 

For permitting authorities, there is a slight overall increase in burden
during the 3-year period of this ICR.  The burden for program
development and review of initial permit applications for existing
sources has ended because these activities have largely been completed. 
However, these reductions are more than offset by activities that will
increase, such as preparation of renewal permits (including responding
to objections), processing of permit revisions, and review of
semi-annual monitoring and annual compliance reports. 

TABLE 11

BURDEN CHANGE FROM NOVEMBER 2004 ICR TO CURRENT ICR

	Average Annual Burden in November 2004 ICR	Average Annual Burden in ICR
Renewal	Difference

Sources	3,978,858	4,176,069	197,211

PAs	1,130,690	1,140,070	9,380

Federal	28,294	27,789	(505)

TOTAL	5,137,842	5,343,928	206,086



The primary reason hourly burden has increased for sources during this
ICR period is because, as initial permits are approaching expiration,
sources will be preparing applications for renewal permits.  In
addition, in this analysis, we are using a lower, more accurate estimate
of the number of general versus single-source permits (16% as compared
to 20% assumed for past ICRs).   In addition, an increase in the overall
number of sources with permits results in a corresponding increase in
monitoring activities, in permit revisions, and in preparing and
submitting semi-annual monitoring reports and the annual compliance
certification report.

As previously noted, it is impractical to attempt to delineate burden by
respondent and activity 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.  Following in Table 12 is the
apportioned burden for each type of respondent.  This is derived from
the total permitting authority hourly burden divided by the number of
permitting authorities, and similarly for sources. 

TABLE 12

BURDEN STATEMENT

	Number of Respondents	Total Annual Burden	Average Annual Burden per
Respondent	Average Annual Burden per Source

Source	16,818	4,176,069	248	248

PAs	112	1,140,070	10,179	68

Federal	1	27,789	27,789	2



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: 

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 and OMB control number in any correspondence.




ATTACHMENT 1

ASSUMPTIONS FOR PART 70 ICR RENEWAL

ASSUMPTIONS

TIME PERIOD OF ICR

	The time period covered by this ICR is April 1, 2007 to March 31, 2010

SOURCE POPULATION

 Total population of title V sources as of September 2006 = 16,643

o	An additional 25 sources will be added to the program by April 2007.

o	Source populations at the beginning of ICR will be 16,643 + 25 =
16,668

o	This ICR projects that 50 additional sources will become subject to
title V each year increasing the population as follows:

 Source population by March 2008 = 16,668 + 50 = 16,718

 Source population by March 2009 = 16,718 + 50 = 16,768

 Source population by March 2010 = 16,768 + 50 = 16,818

INITIAL PERMIT ISSUANCE BACKLOG

 The total backlog of existing sources that had not received their
initial permits was 202 sources as of September 2006 (16,643 minus
16,441 permits issued).

 Assume that all backlogged initial permits will be issued between
September 2006 and March 2010 – at a constant rate.

o	Between September 2006 and April 2007 (when this ICR begins), an
estimated 29 backlogged initial permits will be issued.

o	Thus, over the period of this ICR, 173 backlogged permits will remain
to be issued.

o	Assume that 58 backlogged permits will be issued during the first year
of the ICR, 58 in the second year, and 57 in the third year.

GENERAL PERMITS

 Assume by April 2007, 16% of all sources (2,667) will be covered by
general permits.  This is because general permits are usually the first
to be issued and, therefore, it is appropriate to assume that all
existing sources eligible for general permits would be covered by the
beginning of the ICR period.

 Assume that none of the backlogged permits or permits for newly subject
sources issued during the period of this ICR will be general permits.

 Assume 16% of all expired permits (11,668) will be renewed as general
permits (1,867)

			

NEW SOURCES

	EPA estimates there will be approximately 50 new major sources
nationwide applying for a title V permit each year during the term of
this ICR (150 total for the 3 years of this ICR).  For this ICR, it is
assumed these permits will be issued equally during the three years of
this ICR (i.e., 50 permits per year).

SINGLE-SOURCE, INITIAL PERMITS ISSUANCE RATE ACCOUNTING FOR GENERAL
PERMITS AND NEW SOURCES

 Single-source permits (i.e., not general permits) which will be subject
to the full permit issuance process

o	173 existing (i.e., backlogged) sources will be issued single-source
permits during the period of the ICR (58 in year 1, 58 in year 2, and 57
in year 3)

o	150 single-source permits issued to new sources in years 1, 2, & 3 of
the ICR (50 per year)

 Summary of single-source initial permit issuance by year

		o	Year 1 - 108 permits

		o	Year 2 - 108 permits

		o	Year 3 - 107 permits

PERMIT REVISION RATES

 Sources covered by general permits will not apply for permit revisions

 16,441 sources were covered by permits as of September 2006

 An additional 54 sources will be issued permits between September 2006
and April 2007

 2,667 sources or 16% of the source population will be covered under
general permits by April 2007 (i.e., all backlogged existing sources
will need single-source permits)

 Number of single-source permits issued by the beginning of this ICR
(i.e., April 2007) for which permit revisions may be made during year 1
of this ICR:

	o	16,495 permits were issued by April 2007

o	2,667 sources are covered by general permits by April 2007

o	16,495 – 2,667 = 13,828 single-source permits issued by April 2007

 Single-source permits issued as of beginning of year 2 (i.e., by March
2008) of this ICR (for which permit revision may be made during year 2)
is 108 issued during year 1 plus the 13,828 already issued = 13,936
single-source permits

 Single-source permits issued as of beginning of year 3 (i.e., by March
2009) of this ICR (for which permit revision may be made during year 3)
is 108 issued during year 2 plus the 13,936 already issued = 14,044
single-source permits 

 Summary:

o	Permits for which revisions may be made during year 1 – 13,828

o	Permits for which revisions will be made during year 2 – 13,936

o	Permits for which revisions will be made during year 3 - 14,044

PERMIT RENEWAL

 Data indicate that there was a permit renewal backlog of 8,552 permits
as of September 2006.

 Assume that these backlogged renewals will be issued during the period
of this ICR (2,851 in year 1, 2,851 in year 2, and 2,850 in year 3).

 An additional 1,563 permits will become due for renewal during year 1
of this ICR.  Thus, a total of 4,414 permits will be renewed during the
first ICR year (1,563 newly due plus 2,581 backlogged renewals).  Assume
16% or 706 (0.16 * 4,414) sources covered by general permits, leaving
3,708 single-source permit renewals during year 1 of this ICR.

 An additional 859 sources will be newly up for renewal between March
2008 and March 2009.  With 2,851 backlogged sources, there will be a
total of 3,710 renewals in year 2.  Assume 16% or 594 are sources
covered by general permits, leaving 3,116 single-source permit renewals
during year 2 of this ICR.

 An additional 694 sources will be newly up for renewal between March
2009 and March 2010.  With 2,850 backlogged sources, there will be a
total of 3,544 renewals in year 3.  Assume 16% or 567 are sources
covered by general permits, leaving 2,977 single-source permit renewals
during year 3 of this ICR.

 Summary:

o	4,414 + 3,710 + 3,544 = 11,668 total sources covered by renewal
permits of which 0.16*11,668 = 1,867 are general permits

o	11,668 - 1,867 = 9,801 single-source permits which will have to be
renewed during this ICR period (3,708 in year 1, 3,116 in year 2, and
2,977 in year 3)

SOURCES REPORTING MONITORING AND COMPLIANCE STATUS

	All sources with issued permits (including those covered by general
permits) will report monitoring data semi-annually and compliance
certifications annually.  Sources with issued permits are as follows:

 16,495 sources will be covered by issued permits at the beginning of
this ICR and will be submitting reports during year 1 of this ICR.

 108 additional sources will be covered by permits issued in year 1. 
108 + 16,495 sources already covered by permits = 16,603 sources that
will be covered by permits by the beginning of year 2 and will be
submitting reports during year 2.

 108 additional sources will be covered by permits issued in year 2. 
108 + 16,603 sources already covered by permits = 16,711sources that
will be covered by permits by the beginning of year 3 and will be
submitting reports during year 3.

SYNTHETIC MINOR PERMITS

	All synthetic minor permits had been issued prior to April 2007 so no
burden is included during the term of this ICR.

PERMIT APPLICATIONS

	During the period of this ICR, it is assumed 150 new sources will
submit applications for initial title V permits.

SUMMARY OF TABLE OF ASSUMPTIONS

ITEM 	NUMBER 	COMMENTS 

Number of sources subject to part 70	16,668	At the beginning of this ICR
(April 2007)

Number of sources already issued permits at the beginning of this ICR
16,495 (13,828 single-source)	2,667 sources covered by general permits

Number of backlogged permits for existing sources	173	Single-source
permits to be issued for all; 1/3 per year

Number of sources which will become subject to part 70 during this ICR
150	50 each year 

Sources issued permits in year 1 of this ICR	108 (all single-source)
Single-source permits for 58 existing sources and 50 new sources

Sources issued permits in year 2 of this ICR	108 (all single-source)
Single-source permits for 58 existing sources and 50 new sources

Sources issued permits in year 3 of this ICR	107 (all single-source)
Single-source permits for 57 existing sources and 50 new sources

Total issued permits during this ICR	323 (all single-source)	108
single-source permits in year 1, 108 single-source permits in year 2,
107 single-source permits in year 3

Total issued permits ICR Years:	N/A	All are single-source permits

o Year 1	13,828	Single-source permits issued at beginning of ICR

o Year 2	13,936	13,828 already issued plus 108 single-source permits
issued in year 1

o Year 3	14,044	13,936 already issued plus 

 108 single-source permits issued in year 2

Permits subject to renewal:	N/A	11,668 total including 8,552 sources in
backlog

o Year 1	4,414	3,708 single & 706 general

o Year 2	3,710	3,116 single & 594 general

o Year 3	3,544	2,977 single & 567 general

Applications for initial permits submitted during this ICR	150	150 new
sources 

Sources submitting semi-annual monitoring and annual compliance
certification reports	N/A	From all sources, including those covered
under general permits

o Year 1	16,495

	o Year 2	16,603

	o Year 3	16,711

	General Permits Subject to Renewal 	1,867	16% of all (11,688) general
permits



ATTACHMENT 2

WORKSHEETS FOR BURDEN ESTIMATES

WORKSHEETS

	The EPA contacted respondents from the regulated community and EPA
Regional Offices to obtain information to be used as the basis for
calculating burden hour estimates for implementing the part 70
regulations.  The respondents are listed in section 3.3.  Tables 1, 2,
and 3 below are the worksheets used for calculating burden estimates.

TABLE 1

PERMITTING AUTHORITY ACTIVITIES

ACTIVITY 	BURDEN PER INDIVIDUAL PERMIT OR PROGRAM 	COMMENTS* 	TOTAL
PROGRAM BURDEN FOR 3 YEARS 

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 EPA meetings and conferences, providing public education, and
other program related activities.	3,500 hrs. per agency	112 agencies
392,000 hrs. per year 1,176,000 for 3 years of ICR

Reviewing a permit application, including discussions with a source
concerning the permit application.	100 hrs./permit	Assume 150 new
sources will submit permit applications nationwide	15,000 for 3 years of
ICR

Preparing a draft permit, including contact with the source.	150
hrs./permit	323 permits issued during 3-year ICR time period	48,450 for
3 years of ICR

Providing notice to the public, EPA, and affected States of the comment
period on a draft permit.	10 hrs./permit	323 draft permits during ICR
time period	3,230 for 3 years of ICR

Holding a public hearing on a permit.	100 hrs./hearing	Assume a hearing
for 1 in 50 of the 323 new single-source permits (i.e., 6 hearings)	600
for 3 years of ICR

Interaction with EPA on a proposed permit, including negotiations,
re-drafting, and formal EPA objections (including those attributable to
public petitions).	20 hrs./permit	323 proposed permits during ICR time
period	6,460 for 3 years of ICR

Analyzing public comments and revising the permit accordingly	40
hrs./permit	Assume comments on 1 in 50 permits (i.e., 6 permits)	240 for
3 years of ICR

Issuing the permit, including web activities and source notification.	8
hrs./permit	323 new permits issued during ICR time period	2,584 for 3
years of ICR

Administering general permits (Burden for issuing general permits
included with other permit issuance burden)	80 hrs. per agency per year
112 agencies	8,960 hrs. per year 26,880 for 3 years of ICR

Revising a permit.	N/A	Number of issued single-source permits: 

year 1 – 13,828;  year 2 - 13,936;  year 3 - 14,044	N/A

• Significant (1 out of every 10 issued permits per year)	60 hrs. each
Significant permit modifications: 1,383 - yr 1; 1,394 - yr 2; 1,404 - yr
3	Hours: 82,980 - yr 1  83,640 - yr 2     84,240 - yr 3  250,860 for 3
years of ICR

• Minor (1 out of every 2 issued permits per year)	20 hrs. each	Minor
permit modifications: 6,914 - yr 1; 6,968 - yr 2; 7,022 - yr 3	Hours:
138,280 - yr 1, 139,360 - yr 2, 140,440 - yr 3, 418,080 for 3 years of
ICR

• Administrative (1 out of every 2 issued permits per year)	5 hrs.
each	Administrative amendments: 6,914 - yr 1; 6,968 - yr 2; 7,022 - yr 3
Hours: 34,570 - yr 1, 34,840 - yr 2,     35,110 - yr 3,     104,520 for
3 years of ICR

Renewing a single-source permit (reviewing application, drafting any
changes, public notice, issuance).	60 hrs./permit renewal	9,801 renewals
during ICR term	588,060 for 3 years of ICR

Renewing a general permit	10 hrs./general permit renewal	1,867 general
permit renewals	18,670 for 3 years of ICR

Reviewing two semiannual monitoring reports, and the annual compliance
certification.	15 hrs./permit (5 hrs. each)	All permits: 

year 1 - 16,495; year 2 - 16,603; year 3 – 16,711	Hours: 247,425 - yr.
1, 249,045 - yr. 2, 250,665 - yr. 3,  747,135 for 3 years of ICR

Preparing and submitting to EPA annually a report of the State’s
enforcement activities.	40 hrs./agency	112 agencies	4,480 hrs. per year,
13,440 for 3 years of ICR

*See the Assumptions in Attachment 1 for the derivation of some of these
numbers.

TOTAL BURDEN HOURS FOR PERMITTING AUTHORITIES:

3,420,209 hours for 3 years/3 = 1,140,070 hours per year

TABLE 2

SOURCE ACTIVITIES

ACTIVITY 	BURDEN PER SOURCE 	COMMENTS* 	TOTAL PROGRAM BURDEN FOR 3 YEARS


Preparing a permit application, including internal meetings, permitting
authority discussions, management and legal department management and
legal department certification, contractor services.	300 hrs.	Assume 150
permit applications during 3 years of ICR	45,000 for 3 years of ICR

Interaction with the permitting authority on draft permit development.
40 hrs.	Assume 323 new single-source permits issued during 3 years of
ICR	12,920 for 3 years of ICR

Development of periodic monitoring gap-filling. 	40 hrs. per source 
Assume gap-filling for 50% of 323 single-source permits issued during 3
years of ICR (i.e., 162) 	6,480 for 3 years of ICR  

Public hearing participation	10 hrs. (1 in 50 single-source permits get
hearing)	323 single-source permits during ICR period, 1 in 50 = 6
sources	60 for 3 years of ICR

Operation of gap-filling periodic monitoring (annual burden to operate
monitors, keep records, etc.).	200 hrs. per year	Assume gap-filling for
50% of all permits: 

8,248 - yr. 1 

8,302 - yr. 2 

8,356 - yr. 3	Hours: 1,649,600 - yr. 1, 1,660,400 - yr. 2, 1,671,200 -
yr 3, 4,981,200 for 3 years of ICR

Preparing semi-annual monitoring data reports, including data analysis,
responsible official certification, and report submission (annual burden
for both reports). Include preparing and submitting annual compliance
certification. 	80 hrs. per year	All issued permits: 16,495 - yr. 1
16,603 - yr. 2 16,711 - yr. 3	Hours: 1,319.600 - yr. 1, 1,328,240 - yr.
2, 1,336,880 - yr. 3, 3,984,720 for 3 years of ICR

Preparing application for permit revisions



• Significant permit modifications (1 out of every 10 single-source
permits per year)	80 hrs. each	Significant permit revisions: 

1,383 - yr 1 

1,394 - yr 2 

1,404 - yr 3	Hours: 110,640 - yr. 1, 111,520 - yr. 2,      112,320 - yr.
3,       334,480 for 3 years of ICR

 • Minor permit modifications (1 out of every 2 single-source permits
per year)	40 hrs. each	Minor permit modifications: 6,914 - yr. 1 

6,968 - yr. 2 

7,022 - yr. 3	Hours: 276,560 - yr. 1, 278,720 - yr. 2,     280,880 - yr.
3,     836,160 for 3 years of ICR

 • Administrative amendments (1 out of every 2 single-source permits
per year)	8 hrs. each	Administrative amendments: 6,914 - yr. 1 

6,968 - yr. 2 

7,022 - yr. 3	Hours: 55,312 - yr. 1, 55,744 - yr. 2,       56,176 - yr.
3,      167,232 for 3 years of ICR

Preparing an application for single-source permit renewal	200 hrs.	9,801
renewals during ICR term	1,960,200 for 3 years of ICR

Re-applying for coverage under a general permit	2 hrs.	1,867 sources
3,734 for 3 years of ICR

Other activities associated with permit renewal, including discussions
with permitting authority and public hearing participation.	20 hrs.
9,801 renewals during ICR term	196,020 for 3 years of ICR

*See the Assumptions in Attachment 1 for the derivation of some of these
numbers.

TOTAL BURDEN HOURS FOR SOURCES:

12,528,206 hours for 3 years/3 = 4,176,069 hours per year

PROGRAM TOTAL

3,420,209 hours (permitting authorities) + 12,528,206 hours (sources) =
15,948,415 total hours for 3 years

15,948,415 total hours/3 = 5,316,138 hours per year for permitting
authorities and sources to implement the part 70 program.

                                           

TABLE 3

EPA ACTIVITIES

ACTIVITY 	BURDEN PER INDIVIDUAL PERMIT OR PROGRAM 	COMMENTS 	TOTAL
PROGRAM BURDEN FOR 3 YEARS 

Review proposed permits and permit revisions to determine if they
provide for compliance with all applicable requirements.	N/A	N/A	N/A

• New permits	20 hrs. per new permit	Review 25% of 323 permits issued
during ICR term (81 permits)	1,620 for 3 years of ICR

• Significant permit revision	8 hrs. per revision	Review all
Revisions: 

1,383 - yr. 1 

1,394 - yr. 2 

1,404 - yr. 3	Hours: 11,064 - yr. 1, 11,152 - yr. 2,        11,232 - yr.
3,         33,448 for 3 years of ICR

• Minor permit revision	1 hr. per revision	Review all. Revisions: 

6,914 - yr. 1 

6,968 - yr. 2 

7,022 - yr. 3	Hours: 6,914 - yr. 1, 6,968 - yr. 2,         7,022 - yr.
3,        20,904 for 3 years of ICR

Review periodic monitoring provisions of proposed permits or permit
revisions to see if they are adequate to demonstrate compliance with
applicable requirements.	N/A	Burden included above in review of permits
and revisions.	N/A

Consult with the permitting authority on any problems detected in the
proposed permit or permit revision.	N/A	N/A	N/A

• New permits	8 hrs. per new permit	Consult on 25%. 323 permits issued
during ICR term (81)	648 hours of ICR

• Significant permit modifications	8 hrs. per revision	Consult on 25%.
Sig. mods: 

1,383 - yr. 1(346)  1,394 - yr. 2 (348)  1,404 - yr. 3 (351)	Hours:
2,768 - yr. 1,  2,784 - yr. 2,          2,808 - yr. 3,        8,360 for
3 years of ICR

• Minor permit modifications	1 hr. per revision	Consult on 25%. Minor
mods: 

6,914 - yr. 1(1,729) 6,968 - yr. 2(1,742) 7,022 - yr. 3 (1755)	Hours:
1,729 - yr. 1, 1,742 - yr. 2,          1,755 - yr. 3,            5,226
for 3 years of ICR

Review the annual report of enforcement activities.	10 hrs. per report
112 agencies	3,360 for 3 years of ICR



TOTAL FOR EPA: 83,366 hours for 3 years/3 = 27,789 hours per year

ATTACHMENT 3

TITLE V OF THE CLEAN AIR ACT, THE STATUTORY REQUIREMENTS FOR THE
RESPONDENT INFORMATION

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 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.

	(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 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 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."

	(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.

	(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 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 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.

	(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
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 4

ANALYSIS OF PART 70 STATE PROGRAM EVALUATIONS FOR ICR RENEWAL PURPOSES
(1587.07)

Background

Representative sample of State Evaluations selected (below) for review.

List of State/local agencies reviewed is similar to list of States that
initially responded to surveys for earlier ICRs.

Previous ICR estimates based on responses from:  New Jersey, West
Virginia, Mississippi, San Joaquin, Illinois, Vermont, Alabama, Dayton
Ohio, Wisconsin.

Audit analysis based on same list, except for Dayton, Ohio and San
Joaquin, where audits are not available for review.

State of Ohio was substituted for Dayton, Ohio because Dayton is a field
office of the Ohio program, not a separate program.

State program evaluations not designed primarily for ICR purposes –
designed for programs oversight purposes instead – thus, results only
partially appropriate for ICR purposes. 

State evaluations reports did not typically address totals burdens hours
or costs for individual activities, sources or States, nor did they
address average burden hours or average costs per permit, per source, or
per permitting authority.

Data for ICR renewal also provided by EPA’s internal TOPS part 70
tracking system – a system where EPA Regional offices  provide
tracking data on a 6-month basis for each approved part 70 program (some
3-month data also available for historical purposes).

TOPS data not summarized below, but independently included in
assumptions included in ICR (i.e., source universe subject to
permitting, number of initial permits issued, number of renewal permits
issued,  Number of significant modification issued, number of general
permits (also interpreted as number of sources subject to general
permitting).

Since the last ICR renewal (30 months ago), the Title V Taskforce under
the Clean Act Advisory Committee has undertaken a review of the title V
program (this was mentioned briefly in the current ICR, section 3,3). 
This effort resulted in a list of recommendations for changes to policy
and rulemakings to make the programs amore effective, but no data useful
for ICR renewal purposes was generated. 

For the record, the previous ICR assumed the following:

General permits are 1/5 of the total.

Public notification occurs for every draft permit.

Public comments cause draft permits to be revised 10% of the time.

Public hearings are held for 2% of permits.  

Gap-filling monitoring (or recordkeeping which serves the same purpose)
is required in ½ of permits, including general permits.

Significant permit revisions occur in 1/10 of issued single permits
(does not include general permits) on an annual basis (30% over 3 years)


Minor permit modifications occur in ½ of single permits each year (150%
of permits over 3 years)

Administrative amendments occurs in ½ of single permits each year (150%
of permits over 3 years)

Permit renewals occur roughly at the same rate as the initial permits
expire and that any backlog of renewals is reduced over the 3-year
period of the ICR.

Compared to initial permits, renewals are about 1/2 the burden to apply
for, and for States, about 1/5 the burden to process.

100% of compliance reports reviewed by States.

Note that all of these State programs have been effective, with at least
interim approval, which allowed them to begin issuing permits, for over
10 years at present.

Results of Evaluations

No major changes to assumptions for ICR renewal supported by this review
– information within evaluation reports generally consistent with past
EPA assumptions.

The State evaluations generally lack quantitative data, but they provide
general support that the assumptions of the ICR are a directionally
correct assessment of the frequency that certain activities occur.

One minor change is in the number of sources that are expected to get
regulatory relief through the use of general permits.  The evaluations
are not convincing on this point but tracking data shows that 16% of
permits are general permits.

Another minor change is in the percentage of public comments that lead
to changes to the draft permits.  The evaluations suggests that such
changes are rare, consistent with the frequency that public hearings
occur, since the standard for changing the permit and for holding a
public hearing are similar.  Thus, we are changing the frequency for
finalizing drafts permit with public comment to 2% from 10% within the
burden estimates for permitting authorities.

 

State Summaries

New Jersey (410 Permits)

No General permits

“Perform Gap-filling exercise on every permit” (didn’t answer
question directly)

Public comments on less than 2% of draft permits, all changed in
response

Public hearing requested occasionally, public attendance low

Significant modifications: 1-2% (TOPS shows 46 over life of program)

Minor Modifications: 90% (TOPS only addresses significant modifications)

Admin Amendments: 10%

Review 100% of compliance reports

Renewals easier to process because applications focus on changes at
sources since permit issued.  Renewals not a high priority at this time

West Virginia (171 Permits)

1 general permit (certain units at natural gas compressor facilities),
26 sources fully implemented (13% of sources)

“Some sort” of gap-filling recordkeeping or monitoring in “most,
if not all permits.” (Didn’t say how many units in these permits had
such M&R).  Experience is causing NSR permits to be written better, so
that less gap-filing will be necessary in title V permits in future

Public comments are “rare,” or“0 to 3%,” and change due to
comments occur similarly

No Public hearings have ever been held

191 modifications to date (over life of program)

Significant Modifications:  11% (TOPS shows 0 over life of program)

Minor Modifications: 30.9%

Admin Amendments: 46.1%

Renewals easier to process, but we have only processed a few (Did not
elaborate further)

Review 100% of compliance reports

Mississippi (317 Permits)

No general permits.  Will consider general permits for MACT area sources
not exempted from Title V

Said in “some cases” gap-filling has lead to new control devices. 
Also, did not specify how often gap-filling recordkeeping or monitoring
added other than to say that they did so when the underlying standards
are inadequate 

Has not received many public comments, most on high profile sources on
Gulf Coast.  Also said comments during public comment period are
“rare”

Did not specify that any public hearings have occurred

384 revisions during life of program

Significant Modifications:  85 out of 384 or 22% (TOPS says 138)

Minor Modifications: 24 out of 384 or 6%

Admin Amendments: 33 out of 384 or 9% also they said 502(B)(10) changes
were 242 out of 384 or 63% (these are similar in burden to admin.
amendments because no public process required)

Renewals not easier to-date, but streamlined renewal applications
coming, so may be easier in future

Review 100% of compliance reports

Alabama (251 Permits)

No general permits issued

Periodic monitoring added for “most units subject to a regulation that
do not contain underlying monitoring requirements” 

Public comments:  Said they have not received many and that most were
not relevant to title V

Did not state that any hearings had ever been held, only stated that
they have procedures in place to hold hearings

TOPS says 54 significant revisions to date (no response to these
questions in audit)

Renewals easier than initial issuance because of staff experience 

Review 100% of compliance reports

Vermont (20 permits)

No general permits

They said they have added monitoring when necessary, but not how often 

Public comments very few, perhaps 5% (1 comment)

State has had 1 public hearing

Significant Modifications:  55.3% (TOPS says 6 over life of program)

Minor Modifications: 20%

Admin Amendments: 26.7%

Renewals easier to process, application much better, review focuses on
changes and CAM

Review 100% of compliance reports

Wisconsin (148 Permits)

General permits for non-metallic minerals processing plants, small
heating units, hospital sterilizers, and printing presses; about 5% of
sources

They say they have added monitoring but not how often 

Public comments on 10% of permits, 5% change due to comment

Did not say how often public hearings held

Significant Modifications:  80% (TOPS says 136 life of program)

Minor Modifications: 5%

Admin Amendments: 15%

Just plainly said easier to renew

Review 100% of compliance reports

Illinois (728 Permits)

No general permits

No universal approach as to when gap-filing added.  Much recordkeeping
added but monitoring only typically for utility sources; monitoring may
be added for other source categories based on case-by-case determination


Public comments on 5-7% of draft permits; most result in changes to the
permit to some extent

Did not specify has often public hearings have occurred.  EPA notes that
State’s website for public hearing did not contain any public hearing
records for title V permits within the last 6 months

Significant Modifications: 15% (TOPS says 41)

Minor Modifications: 40%

Admin Amendments: 45%

Renewals easier because most requirements already established in
permits, requirements do not typically need to change, and renewal
application much more complete than applications for initial permits

Review 100% of compliance reports

Ohio (755 Permits)

No general permits

“Gap-filling as appropriate based on regulations and DAPC Engineering
Guide #65”.  Also said “routinely” added to permits 

Public comments on less than 5% of draft permits; changes due to
comments less than 1%

8 public hearings have occurred during life of program

Significant Modifications: 10% (TOPS says 18)

Minor Modifications: 4%

Admin Amendments: 86%

Very much easier because just updating what already done

Review 100% of compliance reports

1United States Environmental Protection Agency, Information Collection
Request for Part 70 Federal Operating Permit Regulations, November 2004.

2All definitions of “major” in the Act.

3United States Environmental Protection Agency, Regulatory Impact
Analysis and Regulatory Flexibility Act Screening for Operating Permits
Regulations, EPA-450/2-91- 011, June 1992, pp. 16-17.

E-  PAGE  2 

DRAFT

1/22/07

  PAGE   1 

  PAGE   6 

  PAGE   27 

  PAGE   42 

EPA

Executive Summary

1.	Identification of the Information Collection

1.2	Description

2	Need and Use of the Collection

2.1	Need/Authority

For the 

Collection

Practical 

Utility/Users of the Data

2.3	Caveats and 

	Considerations

3	Non-Duplication, Consultation, and Other Collection Criteria

3.1	Non-Duplication

Public Notice

Requirements

Consultations

Effects of Less

Frequent Collection

General Guidelines

3.6	Confidentiality

4	The Respondents and the Information Requested

4.1	Respondents

4.2	Information 

Requested

Data Items 

Submitted Including Recordkeeping Requirements

4.2.2	Respondent Activities

5	The Information Collected – Collection Methodology and Information
Management

5.1	Collection Methodology and Management

5.2	Small Entity Flexibility

5.3	Collection Schedule

6	Estimating the Burden and Cost of the Collection

6.1	Estimating the Number of Respondents

6.2	Estimating Burden

6.3	Estimating Costs

6.3.1	Estimating Source Costs

6.3.2	Estimating PA and Agency Costs

6.3.3	Bottom Line Burden Hours and Costs

6.4	Changes in the Burden

6.5	Burden Statement

