                       NACAA Consultation Documentation

Memo to Docket
Record of EPA consultation with NAACA Permitting Sub-Committee on the renewal of the Information Collection Request (ICR) for 40 CFR part 70 Federal Operating Permit Program (EPA tracking number 1587.15; OMB tracking number 2060-0243.)

Date of Call: June 26, 2015.

Participants:  
   * EPA:  Juan Santiago, Associate Division Director, Air Quality Policy Division of the Office of Air Quality Planning and Standards (OAQPS); Vera Kornylak, Operating Permits Group (OPG) Leader, OAQPS; Jeff Herring, Environmental Scientist, OPG, OAQPS; Dylan Mataway-Novak, Environmental Specialist, OPG, OAQPS. 
   * National Association of Clean Air Agencies (NACAA): Permitting Committee Monthly Conference Call Attendees.

Purpose of Call: The EPA participated in a conference call with members from the NACAA permitting sub-committee who joined the call, regarding a previously established agenda topic to consult with the EPA and discuss any comments on the part 70 ICR renewal set to expire on October 31, 2015. At the time of the call, the first part 70 ICR renewal Federal Register notice asking for comments had been issued, and the EPA was seeking input from NACAA before submitting the ICR renewal to OMB for review and final approval. 

Comments for NACAA and EPA response

NACAA Comment: Representatives from some of the states and local permitting authorities participating on the committee expressed comments that all the costs of title V did not appear to be included in the ICR. Specific examples given included consideration of monitoring and enforcement costs for emissions standards, the costs of permit renewals and significant modifications, the labor rates assumed for states, ambient monitoring costs, and enforcement related costs. While this was not necessarily the consensus of the members present, there were several state and local representatives who raised this comment. 

EPA Response: The EPA provided some background information on the nature and scope of ICRs, including that the ICR is an assessment of the paperwork burdens of the program, rather than of all burdens and costs of the permitting program. The commenters appeared to be under the impression that any activities that a state or local permitting authority would consider for permit fee purposes should also be included in the ICR consideration of program burden and costs. The EPA has issued several prior guidance memoranda on the costs and activities that state and local agencies are required to cover for state permit fee purposes. Some of the activities that commenters suggested should be included in the ICR are not actually part of the ICR consideration, but they are included in title V related considerations. In addition, some activities identified, such as ambient monitoring, source monitoring, enforcement of emissions standards derived from applicable requirements, are covered separately under ICRs for those requirements. In addition, the EPA explained the mathematical nature of the ICR assumptions as averages, variability among permitting authorities, and the data used to develop the information provided in the ICR.

After considering these comments, the EPA will revise the support statement for the part 70 ICR to explain in greater detail the nature of the ICR assessment. This will include explaining that separate ICRs exist for much of the burden that state and local permitting authorities might otherwise attribute to title V. 

In light of these comments, the EPA will review the assumptions and analysis in the supporting statement to see if any changes are necessary. As a general matter, revising the burden estimates would typically need to be supported by national data and/or national consensus by the state and local permitting authorities. NACAA expressed an interest in potentially providing such data for the next part 70 ICR renewal in 2018. For the next part 70 ICR renewal in 2018, the EPA will work with NACAA to review the assumptions and analysis for the part 70 ICR.



