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

       Office of Air and Radiation

 Office of Air Quality Planning and Standards

________________________________________________________________________
____________

November 2011

DRAFT SUPPORTING STATEMENT FOR THE PART 70 STATE

OPERATING PERMIT PROGRAM

prepared by

Jeff Herring, Environmental Scientist

Air Quality Policy Division

Operating Permits Group

					

EPA #1587.12

The approved burden level in the previous ICR was 4.2 million hours per
year for sources, 1.3 million hours per year for permitting authorities
(PAs), and 33 thousand hours for the Federal government; for a total of
5.6 million hours each year. The current ICR predicts 4.0 million, 1.3
million, and 37 thousand hours, respectively, for each respondent group,
for a total of 5.3 million hours each year. Overall, this is an expected
decrease of 211 thousand hours. This small decrease in burden primarily
reflects the benefits of reductions in permit modification activities
brought about by the implementation of the Flexible Air Permits rule and
a decrease in source population and existing permits based on updated
data available from permitting authorities. For sources, this is a
decrease in burden of 199 thousand hours, due to the same reasons as for
permitting authorities. The Agency predicts States and other PAs will
incur a burden decrease of about 15 thousand hours per year and the
Federal government will incur an increase of about 3 thousand hours per
year.

TABLE E-1

BURDEN CHANGE FROM DECEMBER 2007 ICR TO CURRENT ICR

	Average Annual Burden in November 2007 ICR	Average Annual Burden in ICR
Renewal	Difference

Sources	4,176,069	3,977,118	-198,951

PAs	1,349,570	1,334,766	-14,804

Federal	33,389	36,583	3,194

TOTAL	5,559,028	5,348,467	-210,561



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 part 70 Operating Permits Program between the
3-year period covered by this ICR renewal, May 2012 and April 2015. Of
the 5.3 million hours the Agency anticipates it will take to perform all
the functions required each year, about 75 percent 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 15,940
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 24 percent of the burden of part 70
management, with the total burden spread between a significantly smaller
number of entities compared to sources. On average, the Agency estimates
the burden associated with the part 70 Operating Permits Program will be
about 11,900 hours per year per PA. Each PA can expect to expend an
average of 84 hours of effort per source each year, at a cost of about
$3,900 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 $227 million, approximately $14,200 per
source per year. 

The decrease in burden for sources and permitting authorities compared
to the 2007 ICR renewal is primarily due reductions in the number of
permit modification activities performed each year due to implementation
of the Flexible Permits (FAP) rule. Secondary to this, compared to the
2007 ICR renewal, some of the burden decreases are due to updated data
from permitting authorities about the numbers of existing sources and
permits and updated wage rates. 

 

Since the 2007 ICR renewal, EPA promulgated two new regulatory revisions
to part 70 and part 71: the Flexible Air Permits Rule and the GHG
Tailoring rule. OMB has previously approved ICR changes related to these
two rule changes and we incorporate them into this renewal and update
them to match the current state of program implementation (see ICR
change justification documentation for the Flexible Air Permits Rule and
the GHG Tailoring Rule). These change justification documents are
included in the docket for this ICR renewal. The first rule resulted in
a net reduction in burden for a large number of existing sources, while
the second resulted in an increase in burden for a modest number of
newly subject sources and small increases in burden for a large number
of existing sources. The two revisions resulted in a net reduction in
burden when compared to the 2007 ICR renewal. Since the changes in
burden are caused by updated data on the number of sources and permits,
rather than changes in information collection requirements that have not
already been approved by OMB, there are no new information collection
requirements contained in this analysis. 

The burden and cost increase for Federal (EPA) activities compared to
the 2007 renewal are due to increased EPA review related to
implementation of the GHG Tailoring rule, which is greater than the
burden decrease for EPA epected from implementation of the Flexible Air
Permit rule.

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-à-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. This ICR renewal does show a small
decrease in overall burden hours due to the update in the number of
existing permits and the effects of the Flexible Air Permit rule. 

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.………………………..………….……...12

6.	Estimating the Burden and Cost of the
Collection…………..…….....…14

Attachment 1

Assumptions for Part 70 ICR
Renewal…………………………...…..................29

Attachment 2

Title V of the Clean Air Act, the Statutory Requirements

For the Respondent
Information…………………………....…….....................
..44

Attachment 3

Analysis of Part 70 State Program Evaluations For ICR Renewal Purposes
(1587.07)………...............……………..………………..
……………….…..……55

Attachment 4

Federal Register Notice
……………………………….………..…...…………..61

										



This analysis is titled: "Draft Supporting Statement for the State
Operating Permit Program." 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 40 CFR part 70. This report has been assigned EPA
tracking number 1587.12. 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 to be implemented by state and local agencies 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 program
for the three years of the ICR to subject sources to be approximately
$496 million. These represent the direct administrative costs for 15,940
sources, or approximately $10,400 per source per year (250 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 $184 million (about $3,900 and 84 hours per source per
year) while Federal costs for the three years of the ICR will be
approximately $5.0 million (about $100 and 2 hours per source per year).

In implementing title V of the Act and EPA's part 70 operating permit
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 2. 

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 be newly 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 Part 70 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 1587.07) was granted
on September 12, 2007 for the period ending September 30, 2010. On April
22, 2009, the expiration date of the ICR renewal was extended to April
30, 2012 as part of the approval of collection changes associated with
the promulgation of the final Flexible Air Permits rule, EPA tracking
number 1587.10.

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. [We will update the following after the first FR notice is
published in December 2011] On February 9, 2007 (72 FR 6233), the Agency
published a notice soliciting comment on an analysis of burden for the
part 70 program for the 3-year period of this ICR (i.e., July 1, 2007 to
June 30, 2010).  A copy of the February 2007 notice is attached as
Attachment 4.  The EPA received no public comments.

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, semiannually, by permitting
authorities within their jurisdictions. Also, 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 during a
conference call with them EPA received input on the draft ICR renewal
for part 70 that was released for public comment on February 2, 2007.
Consistent with NACAA’s input during that consultation, changes were
made to burden estimates for certain activities performed by permitting
authorities and EPA. Also, consistent with NACAA’s concerns, in
section 4.2.2, we are providing more detailed descriptions of permitting
authority activities. 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 2007 ICR renewal, EPA discussed two other EPA activities that it
thought would yield additional title V burden information. 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 was 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. This resulted in only
one assumption for permitting authorities that changed, 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
overall burden for permitting authorities. 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, and no guidance
or rulemaking resulting from this effort are effective at this time. 
(For more on the Title V Taskforce, see   HYPERLINK
"http://www.epa.gov/oar/oaqps/permits/taskforce.html" 
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, and 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. 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 indicates that
14,988 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 may be found by accessing the following web
page:

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.

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 monitoring report 

Annual compliance certification report 

PERMITTING AUTHORITY ACTIVITIES

Program administration: Responding to inquiries about the program,
developing internal and external program guidance, developing rules,
forms, and other mechanisms to implement the program, 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, review of
applications for completeness and technical approach, and requests for
additional information, when necessary. 

Draft permit preparation, including contact with the source to clarify
the specific requirements that apply, drafting the “statement of
basis,” drafting gap-filling monitoring, when necessary, and drafting
permit terms and conditions to reflect existing requirements. 

Comment period notification: Providing notice to the public, EPA, and
affected States of the comment period on a draft permit (for initial
permit issuance, permit renewal and significant permit modification). 
Affected State notification is also required for minor permit
modification.

Public hearing administration: Administering a public hearing, when
appropriate, for initial permit issuance, permit renewal, and
significant permit modification. 

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
draft permit accordingly, when appropriate. 

Permit issuance: Formalizing permits, placing copies of final permits on
public websites, entering information into EPA’s permit website (Air
Facility System), and providing copies to sources.

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, including public participation and
affected State review, when needed.  

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

Monitoring and compliance certification: Reviewing deviation and
semiannual monitoring reports and annual compliance certification
reports required by part 70, and any enforcement activities related to
such reviews.

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 fact
finding on permit petitions.

ns to States, as appropriate.



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-à-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 July 2011, the Agency identified 14,988 sources subject to
permitting under part 70, 14,650 of which have already received permits,
representing a backlog of 338 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 May 2011 and April 2012, EPA
estimates that 100 new sources will become subject to permitting, and
that an additional 185 permits will be issued (i.e., comprised of 100
new sources and 85 backlogged sources). Thus, at the beginning of the
period covered by this analysis, EPA estimates there will be a source
population of 15,088 sources, 14,835 issued permits, and a backlog of
253 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, 300 sources will become newly subject to permitting during the
period of the analysis as a normal consequence of economic growth and
552 sources will become newly subject because they trigger permitting
requirements for GHGs pollutants under the GHG Tailoring Rule. 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 June 2011                 
                 

Less: Sources Permitted Before June 2011                              

Less: Sources Permitted July 2011 through April 2012                 

Total Sources Expected to Be Permitted through April 2012               
 

Plus: Newly Subjected Sources through April 2012                        
   

Sources remaining to Be Permitted as of May 2012

                                                                      

Percent of Sources Expected to Be Covered by General Permits    

Existing Sources Expected to Be Covered                                 
                              

Less: Sources Covered through June 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 	          
                        

14,650                              

185                 

14,835                 

100                            

                                                                      

    

                                                                

                                                                  

                                          

	14,988                                   

                             

                 

                 

                            

253

                                                                      

16%    

2,374                                                                

2,374                                                                   

0                                          

852

369

0

369

                                              

369

0

369

                                      

368

0                        

368 

                 

1105



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
2,300 part 70 sources) of all part 70 sources a cost-effective
alternative to single-source permitting. The EPA estimates that by April
2012 (when the period of this ICR begins), the total population of part
70 sources will have grown to 15,088 and that 16% of these sources
(2,374 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 May 2012 and that none of the 253 backlogged sources will be
issued general permits during the three years of this ICR. We further
assume that none of the estimated 852 newly subject sources will receive
general permits during the period of this ICR.

 

Data collected by EPA suggests a renewal backlog of 3,335 permits as of
July 2011. 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 13,295. EPA assumes
that the total number of permits to be renewed in each year of the ICR
will be one third 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 4,431 the first year, 4,432 the second year, and 4,432 the
third year. This analysis also assumes that 84 percent of renewal
permits will be issued as single-source permits and 16 percent as
general permits.

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 assumptions in Table 2, 3 and 4 are unchanged from the 2007 ICR
renewal. 

Table 4 includes Federal burden estimates for each of the EPA activities
discussed above in section 4.2.2. These activities remain unchanged from
the last ICR renewal. Also, there are several new activities or changes
in activity levels compared to the 2007 ICR renewal that are related to
the Flexible Air Permits and GHG Tailoring rules, and for the sake of
clarity, we discuss those later in this document. 



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	

90/ permit

30 / permit

5 / permit

Permits Renewal	90 / permit

Renew General Permits	10 / permit 

Review Monitoring and Compliance Cert. Report	5 / report / permit

Annual Enforcement Activity Reporting	40 / PA



TABLE 4

EPA  ACTIVITIES

ACTIVITIES	BURDEN HOURS PER PERMIT / PROGRAM

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

Program Oversight	50 / program / year

Review the Annual Enforcement Activity Reports	10 / report

* Includes the burden for review of periodic monitoring

Historically, the Agency had assumed 70 percent of all source burden
categories would be performed in-house, with the remaining 30 percent
delegated to contractors. 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. Then in the change justification for the
GHG Tailoring rule, we adjusted the wage rates based on an index for
December 2007 relative to December 2006 for private industry workers,
management, professional, and related workers, as contained in the U.S.
Department of Labor, Bureau of Labor Statistics, Employment Cost Index
Historical Listing: Current Dollar March 2001-March 2009. This
calculation resulted in an hourly cost of $39 for in-house labor for
sources as detailed below in Table 5.

TABLE 5

 

 

In-hour Cost2007 = $37.83 /hour x 1.032 = $39.03/hour

Contractor Cost 2007 = $143/hour x 1.032 = $147.58/hour

       

.



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 2007 ICR, EPA 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. In 2010, for purposes of
calculating the wage rates for purposes of the ICR change justification
for the GHG tailoring rule, EPA calculated the wage rates for in-house
and contractor wages as shown in Table 5, which resulted in an in-house
wage rate of $39/hour and a contractor rate of $148/hour. This is the
wage rates assumed in this ICR renewal.

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 the burden estimation for each respondent, 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 $46 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 07 Schedule)*           
                   $50,106.00

Annual Cost of Supervisory Staff, GS 13 Step 3 (FY 076 Schedule )*   
$71,415.00

     Factor (1/11)                                                      
                                           0.09

                                                                        
                                                            $6,427.35

Annual Cost of Admin. Support Staff, GS 6 Step 6 (FY 06 Schedule)*  
$33,322.00

     Factor (1/8)                                                       
                                            0.13

                                                                        
                                                            $4,331.86

Annual Applicable Salary of Permit Staff                                
                                  $60,865.21

Benefits (at 16%)                                                       
                                                 $9,738.43

  

Sick Leave/Vacation (at 10%)                                            
                                         $6,086.52

General Overhead                                                        
                                            $18,511.67

Total Cost Per FTE                                                      
                                              $95,301.83

Total Hourly Cost (Total Per FTE divided by 2,080 hours per year)       
                         $45.77

* 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 (EPA) activities, the number of estimated permits or
programs involved, and the expected cost for each, based on the burden
estimations from Table 4.

 

Tables 7, 8 and 9 closely follow the analysis of the 2007 ICR renewal
without accounting for changes due to the Flexible Air Permits or GHG
Tailoring rules. We refer to these tables as the “baseline” analysis
later on in this document because they allow the reader to see the
effects of this ICR update relative to the 2007 ICR renewal baseline. We
later show the changes relative to the FAP and the GHG tailoring rule
relative to the baseline in the  bottom line section, where we show the
totals taking everything into account.

TABLE 7

BASELINE 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 ($2007)

Prepare Application	300	$148	852	255,600	$37,828,800

Draft Permit	40	$39	1,190	47,600	$1,856,400

Gap Filling Monitoring Development	40	$38	595	23,800	$928,200

Public Hearing Participation	10	$39	24	240	$9,360

Operate Gap Filling Monitoring

   Year 1

   Year 2

   Year 3	200	$39	

7,418

7,602

7,786	

1,483,600

1,520,400

1,557,200

4,561,200	

  $57,860,400

  $59,295,600

  $60,730,800

$177,886,800

Prepare Monitoring Reports

   Year 1

   Year 2

   Year 3	80	$39	

14,835

15,204

15,572	

1,186,800

1,216,280

1,245,760

3,648,840	 

 $46,285,200

  $47,434,920

  $48,584,640

$142,304,760

Permit Revisions

   Significant Permit Mods

      Year 1

      Year 2

      Year 3

   Minor Permit Mods

      Year 1 

      Year 2

      Year 3

  

 Admin. Amendments

      Year 1

      Year 2

      Year 3

	

80

40

8	$39	

1,246

1,277

1,308

 3,831

  6,231

  6,385

  6,540

19,156

  6,231

  6,385

  6,540

19,156	

  

 99,680

102,160

104,640

306,480

  249,240

 249,015

 255,060

766,240

 

  49,848

  51,080

  52,320

153,248	

$ 3,887,520

$ 3,984,240

$ 4,080,960

$11,952,720

$  9,720,360

$  9,960,600

$10,202,400

$29,883,360

$1,944,072

$1,992,120

$2,040,480

$5,976,672

General Permit Renewal	2	$39	2,127	4,254	$165,906

Permit Renewal	200	$39	11,168	2,233,600	$87,110,400

Other Activities	20	$39	11,168	223,360	$8,711,040

Totals



12,224,462	$504,614,418



TABLE 8

BASELINE 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 ($2007)

Program Administration	3,500/year	112 programs	1,176,000	$54,096,000

Permit Application Review	100	150	85,200	$ 3,919,200

Draft Permit Preparation	150	323	165,750	$7,624,500

Comment Period Notification	10	323	11,050	$508,300

Public Hearing	100	6	2,200	$101,200

Interaction with EPA	20	323	22,100	$1,016,600

Analyzing Public Comments	40	6	880	$40,480

Permit Issuance	8	323	8,840	$406,640

General Permits Administration	80/year	112 programs	26,880	$1,236,480

Permit Revisions

     Significant                                       Year 1           
                                                                        
               Year 2                                                   
        Year 3	90

 

	

1,246

1,277

1,308

3,831	

112,140  

114,930

117,720

344,790	

$5,158,440

$5,286,780

$5,415,129

$15,860,340

     Minor                                               Year 1         
                                                   Year 2               
                                             Year 3

	30

	 

  6,231

  6,385

  6,540

19,156	

186,930

191,550

196,200

574,680	 

$8,598,780 

 $8,811,300

 $9,025,200

$26,435,280

     Administrative                                  Year 1             
                                               Year 2                   
                                         Year 3

	5

	  

  6,231

  6,385

  6,540

19,156

	  

  31,155 

  31,925

  32,700

  95,780

1,015,250	

$1,590,220

$1,602,640

$1,615,060

$4,405,880

$46,701,500

Permit Renewals	90	11,168	1,005,120	$46,235,520

Review General Permits	10	2,127	21,270	$978,420

Review Monitoring and Compliance Certification Reports

Year 1                                                             Year
2                                                             Year 3	

15

15

15	

14,835

15,202

15,572

45,611	

222,525

228,053

233,580

747,135	

$10,236,150

$10,490,415

$10,744,680

$31,471,245

Annual Enforcement Activity Reporting	40	112 programs	13,440	$618,240

Totals

	4,238,138	$194,954,325



TABLE 9

BASELINE 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

	

298

558

1,246

1,277

1,308

3,831

  

  6,231

  6,385

  6,540

19,156	

5,950

11,160

 9,968

10,216

10,464

30,648

  

 6,231

  6,385

  6,540

19,156	

$273,700

$513,360

$458,528

$469.936

$481,344

$1,409,808

$286,626

$293,710

$300,840

$881,176

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	

  298

  

  312

  319

  327

  958

1,558

1,596

1,635

4,789	

2,380

2,496

2,552

2,616

7,664

1,558

1,596

1,635

4,789	

$109,480

$114,816

$117,392

$120,336

$352,544

  

$71,668

  $73,416

  $75,210

$220,294

Program Oversight	50	112 programs	16,800	$772,800

Review the Annual Report	10	112	3,360	$154,560

Totals

	101,907	$4,687,722



Since the approval of the 2007 ICR renewal, EPA has promulgated several
rules which have affected the burden and cost of the part 70 program,
the Flexible Air Permits and the GHG Tailoring rule. The Office of
Management and Budget (OMB) approved ICR change requests for both of
these rules, EPA tracking numbers 1587.10 and 1587.11, respectively;
however, this is the first ICR renewal that will addresses the two
provisions at the same time and update them to reflect current
implementation experience.

The Flexible Air Permits (FAP) rule, promulgated during the term of the
last ICR renewal, revised part 70 to provide for permits that for allow
for upfront approval for changes to processes, equipment, raw materials
and end products at a facility, in such a way as to avoid formal
submittal and processing of significant permit modifications (SPM) and
minor permit modifications (MPM) during the term of the permit. The FAP
rule did not increase the number of sources subject to title V
permitting and it only applies to a relatively small number of new and
existing sources that would need to get a permit anyway. While there is
typically an increased burden to put the flexible provisions in the
permit, once added, they allow the source to avoid permit modifications
on a recurring, open-ended basis, resulting in an overall decrease in
burden over the long term.

  

The baseline permitting burden for all existing and new source for the
3-year period of this ICR is shown in tables 7-9, while tables 10-12
show the incremental burden increases for issuing new tier 2 permits and
burden decreases for avoided modifications for all tier 1 and 2 permits
expected by the end of the ICR period. For EPA, the additional
incremental burden is for reviewing and consulting with permitting
authorities on modifications that occur solely due to GHG (usually
related to combustion sources).

The EPA estimated in the FAP ICR that 5 percent of the total number of
existing sources subject to part 70 would obtain a comprehensive
flexible permit (a “Tier 1” permit) and that an additional
10 percent of all existing sources and new sources subject to part 70
would seek simpler flexible permits (“Tier 2” permits). The FAP ICR
assumed all existing part 70 sources would be issued Tier 1 and 2
permits during the period of that ICR, and that there would be no new
Tier 1 permits needed after that period ended.  Thus, for this ICR
period, we assume that only new Tier 2 permits will be issued.

Table 10 lists the burden categories for respondent sources, the number
of estimated occurrences for each item, and the expected costs for each,
based on the burden estimations made in the previous OMB-approved ICR
change worksheet for the Flexible Permits rule. Tables 11 and 12 present
the same analysis for permitting authorities and EPA, respectively. Our
assumptions for the mix of activities expected to occur under the FAP
rule have changed compared to the OMB-approved change worksheet due to
the normal evolution of the program (by May 2012, the beginning of the
ICR period, all eligible existing permits have been changed to add Tier
1 and 2 flexibility and only new tier 2 permits will need to add such
flexibility during the term of the ICR renewal). Also, the number of
affected permits has changed because of different assumptions concerning
the number of existing permits over the period. 

TABLE 10

THE INCREMENTAL BURDEN AND COST OF THE FLEXIBLE PERMITS RULE FOR SOURCE
ACTIVITIES FOR THE 3-YEAR ICR PERIOD

ACTIVITY	Burden Hours per permit	Rate per hour	Affected permits	Total
Burden

(Hours)	TOTAL COST (2007)

Tier 1 – 5 MPM Avoided per year	-40	$39	797	-478,200	-$18,649,800

Tier 1 - 1 SPM Avoided every 5 years	-80	$39	797	-38,240	-$1,491,360

Tier 2 – New Permit	60	$148	119	7,140	$1,056,720

Tier 2 – 1 MPM Avoided per year	-40	$39	1594	-191,280	-$7,459,920

TOTAL



-700,580	-$26,544,360



TABLE 11

THE INCREMENTAL BURDEN AND COST OF THE FLEXIBLE PERMITS RULE FOR
PERMITTING AUTHORITY ACTIVITIES FOR THE 3-YEAR ICR PERIOD

ACTIVITY	Burden Hours per permit	Rate per hour	Affected permits	Total
Burden

(Hours)	TOTAL COST (2007)

Tier 1 – 5 MPM Avoided per year	-30	$46	797	-358,650	-$16,497,900

Tier 1 -  1 SPM Avoided every 5 years	-90	$46	797	-43,020	-$1,978,920

Tier 2 – New FAP Permit issued	45	$46	119	5,355	$246,330

Tier 2 – 1 MPM Avoided per year	-30	$46	1,594	-143,460	-$6,599,160

TOTAL



-539,775	-$24,829,650



TABLE 12

THE INCREMENTAL BURDEN AND COST OF THE FLEXIBLE PERMITS RULE FOR EPA
ACTIVITIES FOR THE 3-YEAR ICR PERIOD

ACTIVITY	Burden Hours per permit	Rate per hour	Affected permits	Total
Burden

(Hours)	TOTAL COST (2007)

Tier 1 – 5 MPM Avoided per year	-1	$46	797	-11,955	-$549,930

Tier 1 - 1 SPM Avoided every 5 years	-8	$46	797	-3,824	-$175,904

Tier 2 – New Permit	8	$46	119	952	$43,792

Tier 2 – 1 MPM Avoided per year	-1	$46	1,594	-4,782	-$219,972

TOTAL



-19,609	-$902,014



The GHG Tailoring Rule, also promulgated during the term of the last ICR
renewal, “tailors” the requirements of the Clean Air Act to limit
the number of facilities that would otherwise be required to obtain
title V permits solely due to their emissions of Greenhouse Gases (GHG).
Prior to the Tailoring Rule there were no requirements for sources to
consider GHG emissions in their title V permit applications or permits
and there were no applicable requirements related to GHG to put into
title V permits. We are currently in Step 2 of the implementation
schedule of the Tailoring Rule and EPA assumes that there are about 552
GHG sources subject to part 70 solely due to GHG emissions during this
implementation step and that all of these sources will be issued single
source permits (non-general permits). 

The baseline burden of permitting any source subject to title V is shown
in tables 7, 8 and 9. This burden is based on the assumptions of the
2007 ICR renewal. The 552 additional GHG sources are included in those
tables as well. The baseline burden tables, however, do not include the
incremental burden for addressing GHG emissions in permits that applies
to both GHG and non-GHG subject sources. The incremental GHG burden is
shown in Tables 13, 14 and 15 below. Note that EPA assumes the burden
for issuing new GHG permits is the same as non-GHG permits, so there is
no incremental burden for new permit issuance included in the tables
below (it is included in tables 7, 8 and 9 instead). 

Specifically, included in the tables below is the incremental burden for
sources and permitting authorities alike to address GHG in all new
non-GHG permits (including backlog sources), the burden of permit
modifications solely related to GHG (based on the number of NSR actions
involving GHG in the NSR ICR), the burden of addressing GHG in all
existing non-GHG permits when they undergo minor permit or significant
modification procedures, and the burden of addressing GHG in 80 percent
of all permit renewals. For EPA, the additional incremental burden is
for reviewing and consulting with permitting authorities on minor and
significant modifications that occur solely due to GHG.

  

Table 13 lists the burden categories for respondent sources, the number
of estimated occurrences for each item, and the expected costs for each,
based on the burden estimations made in the previous OMB-approved ICR
change worksheet for the GHG Tailoring rule. Compared to the change
worksheet for this rule, these tables have been updated to reflect the
number of affected permits and the mix of activities expected to occur
due to the maturity of the program. Tables 14 and 15 present the same
analysis for permitting authorities and EPA, respectively

TABLE 13

THE INCREMENTAL BURDEN AND COST OF THE GHG TAILORING RULE FOR SOURCE
ACTIVITIES FOR THE 3-YEAR ICR PERIOD

ACTIVITY	Burden Hours per permit	Rate per hour	Affected permits	Total
Burden

(Hours)	TOTAL COST (2007)

Prepare Application (add GHG to non-GHG permit)	34	$148	553	18,802
$2,782,696

Modification due to GHG 	43	$39	2,745	118,035	$4,603,365

Modification to address GHG to non-GHG permit	4	$39	22,987	91,948
$3,585,972

Address GHG at Renewal 	20	$39	8,934	178,688	$6,968,832

TOTAL



407,473	$17,940,865



TABLE 14

THE INCREMENTAL BURDEN AND COST OF THE GHG TAILORING RULE FOR PERMITTING
AUTHORITY ACTIVITIES FOR THE 3-YEAR ICR PERIOD

ACTIVITY	Burden Hours per permit	Rate per hour	Affected permits	Total
Burden

(Hours)	TOTAL COST (2007)

Prepare Application (add GHG to non-GHG permit)	43	$46	553	23,779
$1,093,834

Modification due to GHG 	40	$46	2,745	109,800	$5,050,800

Modification to address GHG in non-GHG permit	4	$46	40,799	163,196
$4,229,608

Address GHG at Renewal	9	$46	8934	80,419	$3,698,842

TOTAL



305,937	$14,073,084



TABLE 15

THE INCREMENTAL BURDEN AND COST OF THE GHG TAILORING RULE FOR EPA
ACTIVITIES FOR THE 3-YEAR ICR PERIOD

ACTIVITY	Burden Hours per permit	Rate per hour	Affected permits	Total
Burden

(Hours)	TOTAL COST (2007)

Review Modification due to GHG	8	$46	2,745	21,960	$1,010,160

Consult on Modification due to GHG	8	$46	686	5,490	$252,540

TOTAL



27,450	$1,262,700



 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 summarize
the expected baseline costs for the 3-year period (in 2007 dollars) for
sources, permitting authorities and EPA. The baseline burden and costs,
which are based on the methodology of the previous renewal ICR, do not
account for changes to the approved burden from the Flexible Permits
rule and the GHG Tailoring rule. The incremental burden and costs
attributable to the Flexible Air Permits rule is shown in tables 10, 11
and 12, and that attributable to the GHG Tailoring rule is shown in
Table 13, 14, and 15. In table 16 we show the calculation of the burden
and in table 17 the calculation of the cost for the 3-year period of
this renewal, adjusted for the Flexible Permits and GHG tailoring Rules.
In table 18, we show the bottom line burden and cost for this renewal
ICR.

TABLE 16

CALCULATION OF BOTTOM LINE TOTAL ICR (3-YEAR) BURDEN HOURS

Respondent	Baseline	Flexible Air Permit	GHG Tailoring	TOTAL

Sources	12,224,462	-700,580	407,473	11,931,365

Permitting Authorities	4,238,138	-539,775	305,937	4,004,299

Federal (EPA)	101,907	-19,609	27,450	109,748

TOTAL	16,564,507	-1,259,964	740,860	16,045,402

 

TABLE 17

CALCULATION OF BOTTOM LINE TOTAL ICR (3-YEAR) COST

Respondent	Baseline	Flexible Air Permit	GHG Tailoring	TOTAL

Sources	$504,614,418	-$26,544,360	$17,940,865	$496,010,923

Permitting Authorities	$194,954,325	-$24,829,650	$14,073,084
$184,197,759

Federal (EPA)	$4,687,722	-$902,014	$1,262,700	$5,048,408

TOTAL	$704,256,465	-$52,276,024	$33,276,649	$685,257,090



Table 18 below displays the expected burden and cost for sources,
permitting authorities and the Federal government (EPA) for
implementation of the part 70 Operating Permits Program between May 2012
and April 2015. Of the 16.0 million hours the Agency anticipates it will
take to perform all the functions required by title V, about 3/4 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 15,940 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 $10,400.

TABLE 18

BOTTOM LINE BURDEN AND COST (2012-2015)

	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	15,940	11,931,355	250	250	$496,010,923	$10,372	$10,372

PAs	112	4,004,299	11,918	84	$184,197,759	$548,208	$3,852

Federal	1	109,748	36,583	2	$5,048,408	$1,682,803	$106

Total

16,045,402	NA	NA	$685,257,090	NA	NA



Permitting authorities incur about 24 percent of the burden in Table 18,
with the total burden spread between a significantly smaller number of
entities than for sources. On average, the Agency estimates the PA
burden associated with the part 70 Operating Permits Program will be
about 11,900 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 84 hours per year managing and
overseeing each permit in its jurisdiction, at a cost of approximately
$3,900 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 $227 million, or approximately
$14,200 per permit. 

The part 70 program has been evolving since its inception, beginning
with promulgation of the part 70 regulations in 1992. Early on, State
and local permitting authorities developed their programs, submitted
them to EPA for approval, and began issuing the initial permits. As of
the beginning of this ICR, all initial permits have essentially been
approved and permit issuance activities have shifted to processing
permit renewals and permit implementation activities, such as operating
gap-filling monitoring and preparing monitoring or compliances reports.
The FAP rule was designed to reduce the number of permit modification
procedures necessary for processing by sources and permitting
authorities to reduce overall burden and cost. The GHG tailoring rule
reduces the number of sources that would otherwise have to get permit
under the statutory” major source” thresholds, so even though it
modestly increases the number of source that have to get permits, it is
beneficial to sources and permitting authorities because it prevents a
much larger number of sources from having to get permits. Also, this ICR
renewal reflects step 2 of the phase-in of the implementation of the
tailoring rule and there are other rulemakings scheduled to possibly
subject additional sources to permitting for their GHG emissions,
however, it is too early to prejudge what the outcome of those
rulemaking will be and any future rulemakings to expand the universe of
sources will likely result in additional EPA submittals to OMB to revise
the burden and cost for this program. 

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 compared 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 4.2 million hours per
year for sources, 1.3 million burden hours per year for permitting
authorities, and 33 thousand hours for Federal oversight; for a total of
5.6 million hours. Table 19 compares the burden in the previous ICR
with the burden in this ICR. The change in burden is a decrease from the
previous ICR primarily due to burden reductions from fewer permit
modifications being necessary due to implementation of the Flexible
Permits (FAP) rule. During the period of the 207 ICR renewal, sources
and permitting authorities were focused on revising existing permits
(through significant modification procedures and renewals) to put
flexibility provisions, authorized by the FAP, into existing title V
permits, which partially offset the burden reductions that come from
fewer permit modifications under the FAP. During the period of this ICR,
we assume those FAP provisions have been established in the permits
(except for a small number of new sources seeking Tier 2 FAP), and thus,
sources and permitting authorities alike reap the recurring burden
reductions that come from the reduction in the number of significant and
minor permit modifications that must be processed over the period of
this renewal ICR (The FAP reduces about 701 thousand hours for sources
and 540 thousand hours for permitting authorities over 3 years). The
effects of the FAP is somewhat partially offset by the increased burden
of the GHG Tailoring Rule (about 407 thousand hours for sources and 306
thousand hours for permitting authorities), but the FAP still provides a
net reduction in benefits for sources and permitting authorities after
taking the GHG Tailoring rule into account.     

For permitting authorities, there is a slight decrease in burden during
the 3-year period of this ICR compared to the 2007 renewal also
primarily due to implementation of the Flexible Permit rule. Fewer
source submittals related to permit modifications affects permitting
authorities in much the same manner as sources. 

TABLE 19

BURDEN CHANGE FROM DECEMBER 2007 ICR TO CURRENT ICR

	Average Annual Burden in November 2007 ICR	Average Annual Burden in ICR
Renewal	Difference

Sources	4,176,069	3,977,118	-198,951

PAs	1,349,570	1,334,766	-14,804

Federal	33,389	36,583	3,194

TOTAL	5,559,028	5,348,476	-210,552



Also, affecting the calculation of burden in this renewal is a change in
the source population and the number of permits issued to part 70
sources since the last ICR renewal. Recent data shows a decline of
almost 900 sources and permits from the levels assumed in the 2007
renewal, possibly attributable to sources that have ceased operation due
to the recent national economic decline. Several other factors have
affected the calculation of burden in this ICR renewal, but to a lesser
extent. We recalculated the wage rate for source and permitting
authorities, adjusting them to a 2007 basis from the 2006 basis used in
the last ICR update. Also, our assumption concerning the number of new
source subject to permitting has changed – we assumed 50 new sources
per year in the 2007 renewal, while this renewal assumes 100 new sources
per year (based on recent data collected from permitting authorities).

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 20 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 20

BURDEN STATEMENT

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

Source	15,940	3,977,118	250	250

PAs	112	1,334,766	11,918	84

Federal	1	36,583	36,583	2



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.  An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15.     

To 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 the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OAR-2004-0015, which is available for online viewing at  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the Air and Radiation Docket and Information Center in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Reading Room is (202)
566-1744, and the telephone number for the Air and Radiation Docket and
Information Center is (202) 566-1742. An electronic version of the
public docket is available at www.regulations.gov.  This site can be
used to submit or view public comments, access the index listing of the
contents of the public docket, and to access those documents in the
public docket that are available electronically. When in the system,
select “search,” then key in the Docket ID Number identified above.
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include
the EPA Docket ID Number EPA-HQ-OAR-2004-0015 and OMB Control Number
2060-0243 in any correspondence. 



ATTACHMENT 1

ASSUMPTIONS FOR PART 70 ICR RENEWAL

TIME PERIOD OF ICR

The time period covered by this ICR is May 1, 2012 to April 2015

SOURCE POPULATION

 Total population of title V sources as of June 2011 = 14,998.

An additional 100 sources will be added to the program before the ICR
period begins, so the source populations at the beginning of ICR period
will be 15,088.

 This ICR projects that 284 new sources will become subject to title V
each year increasing the population as follows:

 Source population at the end of ICR year 1 = 15,372

 Source population at the end of ICR year 2 = 15,656

 Source population at the end of ICR year 3 = 15,940

INITIAL PERMIT ISSUANCE BACKLOG

 The total backlog of existing sources that had not received their
initial permits was 338 sources as of June 2011.

 We Assume 85 initial backlogged permits will be issued before the ICR
period begins and that all backlogged initial permits will be issued by
the end of the ICR period (85 each year).	

GENERAL PERMITS

 Assume 16% of existing permits at beginning of ICR period are general
permits.

 Assume no new general permits will be issued during period of ICR

 Assume 16% of renewals will be for general permits.

			

INITIAL PERMITS ISSUANCE RATE

 Single-source permits are non-general permits. 

 There will be 253 backlogged initial single-source permits that will be
issued in equal amounts each year of the ICR.

 Source with backlogged permits have already submitted permit
applications.

 There will be 852 new single-source permits issued during the ICR (284
per year).

 552 of the 852 new single-source permits will be for sources that
become subject due to step 2 of the GHG tailoring rule, 300 of the 852
are subject for other reasons -- the GHG estimate is from the RIA for
the Tailoring Rule.

 Initial permits are composed of the new permits issued to new sources
and new permits issued to reduce the backlog of sources that have
submitted applications but are awaiting permit issuance (852 new + 253
backlog = 1,105 initial permits)

PERMIT APPLICATIONS

During the period of this ICR, it is assumed that only the new initial
sources will submit applications for initial title V permits -
backlogged initial source are assumed to have already prepared and
submitted permit applications.

 

PERMIT REVISION RATES

  Sources covered by general permits will not apply for permit
revisions.

 Permit revisions estimates for any year are based on the number of
single-source permits in force at the beginning of the year.

 Significant modifications occur for 10% of existing single source
permits per year.

 Minor permit modifications and administrative amendments occur for 50%
of existing single source permits per year.

PERMIT RENEWAL

 Both single source and general permits are renewed but we treat them
separately because burdens differ greatly. 

 Data indicate permit renewal backlog of 3,335 single-source permits as
of June 2011 (permits that are passed their deadline for renewal).

 We assume that equal numbers of backlogged permits renewed each year. 

 An additional 3,320 single-source permits will come due for renewal
each year on their normal schedule (approximately 1/5 of the universe of
permits issued or renewed 5 years previously, due to 5-year permit
term). 

 Assume 16% of all renewals are general permits and 84 % single source
permits.

OPERATION OF GAP-FILING MONITORING

 We assume operation of such monitoring in 50% of all permits.

MONITORING AND COMPLIANCE STATUS REPORTS

 These reports are made based on all previously-issued permits
(single-source and general), so the permit total at the beginning of
each ICR year is used to calculate the number of reports occurring each
year.

SYNTHETIC MINOR PERMITS

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

PERMITTING AUTHORITY ACTIVITIES

 Program administration, general permits administration, and preparing
the enforcement reports occur on a yearly basis.

 All new initial single-source permits (new and backlog) are assumed to
go through the activities of permit drafting, public notification,
interaction with EPA, and issuance notifications.

 The activities of public hearings and finalizing draft permits that
have public comment is assumed for 2% of new permits.

EPA ACTIVITIES

 EPA reviews 25% of all new initial permits and consults on 25% of
issues on new single-source permits, significant modifications, and
minor permit modification.

 EPA reviews all significant and minor permit modifications to
single-source permits.

 EPA reviews 5% of all single-source permit renewals.

 Program oversight and review of enforcement reports occurs on a yearly
basis

FLEXIBLE AIR PERMITS

 See the ICR for the Flexible Air Permits rule (the FAP ICR) for more on
the assumptions used in this portion of this ICR.

 All existing tier 1 and 2 FAP permits were issued prior to the
beginning of this ICR.   

 Tier I FAPs are 5% of all title V existing permits (existing when the
ICR period begins or 797 permits).

 No new Tier 1 FAPs expected during ICR period because EPA assumes that
new sources are built and permitted to handle anticipated growth.

 Each Tier I FAP avoids 5 MPM per year and 1 SPM every 5 years.

 Tier 2 FAPs are 10% of all title V existing permits or 1,574 existing
permits and 10% of all new permits issued by the end of the ICR period
or 119 permits.

 Each Tier 2 FAP avoids 1 MPM per year.

GHG TAILORING RULE

 The burden hour assumptions in this ICR are from the RIA and the ICR
change worksheet for the GHG Tailoring Rule.

 The RIA for the Tailoring rule estimated 552 new single-source permits
due to GHG during step 2 of the tailoring rule – we assume all will be
issued in equal amounts during each year of the ICR period.

 We assume no residential or commercial sources (non-industrial sources)
will be issued title V permits during step 2 – the tailoring rule RIA
estimated less than 20 such permits would be issued and assumed the
permit issuance burden would be one half that of industrial sources. 

 All modifications and all renewals for existing single-source permits
(non-GHG) will experience a small burden increase to address GHG
requirements.

 We assume no general permits will be issued for new GHG sources during
the period of this analysis.

 Modifications due to GHG are new modifications to single-source permits
that not already accounted for in the baseline analysis. The NSR RIA
assumes 915 per year of these.  See Appendix C, table 3.1.

 We assume 80% of renewals that occur during this period will need to
address GHG due to combustion-related activities.

 The only additional burden for EPA is related to review (100%) and
consultation (25%) of minor permit modifications (MPM) and significant
permit modifications (SPM) due to GHG.



ATTACHMENT 2

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 3

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.

Applying for a permit renewal is about 1/2 the burden of applying for an
initial permit, while for States, permit renewals are about 1/3 the
burden of initial permits.

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

ATTACHMENT 4

Date FEDERAL REGISTER NOTICE 

TO be added after first ICR notice issued for this renewal ICR, about
December 2011.

 Operating Permit Programs, Flexible Air Permits Rule, Final Rule (74 FR
51418, October 6 2009).

 Prevention of Significant Deterioration and Title V Greenhouse Gas
Tailoring Rule, Final Rule (75 FR 31514, June 3, 2010).  

 Information Collection Request for Changes to the Part 70 Operating
Permit Regulations, the Part 71 Operating Permits Regulations, and the
Parts 51 and 52 Prevention of Significant Deterioration Regulation and
Non-Attainment New Sources Review Regulations for Flexible Air Permits,
November 2008, EPA tracking # 1587.10.

 Information Collection Request for State Operating Permit Regulations
(40 CFR part 70) Change Justification, EPA tracking # 1587.11.

 All definitions of “major” in the Act.

 This involves writing permit terms that reflect the “applicable
requirements” that apply to sources. These “applicable
requirements” (e.g., MACT and CAM) are not required by part 70; they
are required by other Federal rules and their burden are counted in the
ICRs for those rules. Nevertheless, writing permit terms to reflect
those requirements are part 70 burdens. Also, part 70 burden include
imposing additional monitoring through part 70, such as gap-filing
monitoring (as clarified in a December 15, 2006 interpretive rule, 71 FR
75422).

 The 2007 ICR renewal assumed there would be 50 new sources per year,
while data collected by EPA from permitting authorities suggests 100
sources per year is a more accurate assumption. 

 This number is based on assumptions made in the RIA and ICR for the GHG
Tailoring rule for sources that would become subject to part 70 solely
based on Step 2 of the Tailoring rule.

 United 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.

 Note we did not include administrative permit modifications because
there is no requirement for EPA review and they do not involve
substantive changes.

E-  PAGE  3 

  PAGE   33 

  PAGE  47 

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

