United States Environmental Protection Agency             DRAFT 1/25/07

Office of Air and Radiation

Office of Air Quality Planning and Standards

Operating Permits Group

March, 2007

INFORMATION COLLECTION REQUEST

FOR PART 71

FEDERAL OPERATING PERMIT REGULATIONS

prepared by

Jeff Herring, Environmental Scientist

Operating Permits Group

Air Quality Policy Division

EPA # 1713.06



Title V of the Clean Air Act requires each State to develop and submit
to EPA for approval an operating permit program that meets the
requirements of title V.  Where a State fails to submit an approvable
program, title V requires EPA to implement a program instead.  [See
§ 502(d).]  Moreover, EPA must implement a program in any area where a
State, local or tribal program is not effective, including Indian
country and the Outer Continental Shelf (OCS), where States generally do
not have jurisdiction, and in any location with an approved program,
subsequent to a finding by EPA that implementation or enforcement of the
program has been deficient with respect to title V.  Also, EPA issues
individual title V permits in situations where there is an approved
State program, but EPA has objected to the issuance of a particular
permit, and the State has failed to resolve the objection.  For any
existing rule, § 3507(g) of the Paperwork Reduction Act limits how
long a Director may approve a collection of information to 3 years.  On
November 1, 2004, OMB approved the ICR for part 71 (OMB number
2060-0336, EPA tracking number 1713.05) for 30 months (it expires on
March 31, 2004).  This ICR is a renewal of the November 2004 ICR.

TABLE E-1

BURDEN CHANGE FROM 2004 ICR TO CURRENT ICR (in hours)

	Average Annual Burden

in 2004 ICR Renewal	Average Annual Burden

in Current  ICR Renewal	Difference

Sources	24,077	27,218	3,141

Federal	36,392	10,856	(25,536)

TOTAL	60,469	38,074	(22,395)

				

This ICR represents a reduction in expected burden of over 35 percent of
that reported in the November 2004 ICR. Table E-1 displays the expected
annual burden and the expected change in annual burden for sources and
the Federal government for implementation of the title V Federal
Operating Permits Program between April 2007 and March 2010.  In the 

November 2004 ICR, the Agency estimated the annualized burden to Indian
country and other sources subject to permitting by EPA (since the
majority of these sources are located in Indian country, we will refer
to them as “Indian country sources” for convenience sake) at 24
thousand hours.  The current ICR estimates the annualized burden to
Indian country sources at about 30 thousand hours due to changes in the
number of major sources subject to permitting and an increase in the
number of permits subject to permit renewal processing.  The 2004 ICR
included 1,717 sources, while this update expects 123 sources will be
subject to permitting by EPA, including in Indian country, Outer
Continental Shelf, and Deepwater port sources,1 and any part 70 sources
with unresolved EPA objections to draft part 70 permits.  The Agency
estimated the total 3-year Federal burden for administrating a part 71
permit program at 109 thousand hours in the last ICR (36 thousand hours
annually), while this update predicts about 30 percent of that, 33
thousand hours (11 thousand hours annually).  The reasons for this
reduction include a substantial reduction in the number of permits EPA
expects to administer, specifically part 70 (State) permits EPA would
administer after a finding that a State program is deficient.  Because
the cost per hour for the 2004 ICR and this update are similar (with
some changes to reflect wage inflation), the reduction in burden
translates into a similar reduction in cost.

Table of Contents

		Executive Summary…………………………………...E-1

1.	Identification of the Information Collection……………1

2.	Need and Use of the Collection………………………….5

3.	Non-Duplication, Consultation, and Other 

Collection Criteria……………………………………….7

4.	The Respondents and the Information Requested……11

5.	The Information Collected - Collection Methodology and Information
Management…….…………………...14

6.	Estimating the Burden and Cost of the Collection…...16

Attachment 1 

The Statutory Requirements for Respondent Information 	29

	Attachment 2 

January 2007 Federal Register Notice………...………41

		

This analysis is titled: “Information Collection Request for Part 71
Federal Operating Permit Regulations.” It fulfills the Agency's
requirements under the Paperwork Reduction Act (PRA) to determine,
report, and periodically update the regulatory burden associated with
the Federal Operating Permits Program, codified in title 40 of the Code
of Federal Regulations (40 CFR) part 71.  It has been assigned EPA
tracking number ICR # 1713.06 and OMB tracking number 2060-0336.

The part 71 program is a Federal operating permits program implemented
for sources located in areas where there is no State, local or Tribal
program, such as in Indian country, the Outer Continental Shelf, and
Deepwater ports, in areas where there is a deficient State or local
permit program (under part 70), and in cases where EPA has objected to a
draft part 70 permit and the State has failed to adequately resolve the
objection. Title V of the Clean Air Act imposes on States or local
permitting authorities (agencies), the duty to develop, administer and
enforce operating permit programs which comply with title V and requires
EPA to administer and enforce a permit program when State, local, or
Tribal agencies do not establish such a program, or where they establish
such a program but they fail to perform their duties consistent with
title V. Section 502(b) of the Act requires EPA to promulgate
regulations setting forth provisions under which State, local, or tribal
agencies will develop operating permit programs and submit them to EPA
for approval. Pursuant to this section, EPA promulgated 40 CFR part 70
on July 21, 1992 (57 FR 32250) which specifies the minimum elements of
State operating permit programs.

Pursuant to regulations promulgated by EPA on February 19, 1999 (64 FR
8247) EPA has authority to establish part 71 programs within Indian
country, and EPA began administering the program in Indian country on
March 22, 1999.  Since many Indian tribes lack the resources and
capacity to develop operating permit programs under part 70, EPA will
administer and enforce part 71 programs in the areas that comprise
Indian country in order to protect the air quality of areas under tribal
jurisdiction.

The EPA intends to protect tribal air quality through the development of
implementation plans, permits programs and direct assistance to tribes
in developing comprehensive and effective air quality management
programs.  The EPA will consult with tribes to identify their particular
needs for air program development assistance and will provide ongoing
assistance as necessary. There are approximately 113 sources in Indian
country that require part 71 permits.  This is an increase from the last
ICR renewal, due to an increase in the estimate of the number of major
sources located on Indian country, not due to any changes in regulation
or policy made by EPA. 

EPA is the permitting authority for sources beyond 25 miles (40 km) of
the States’ seaward boundaries (Outer Continental Shelf or OCS
sources), and the provisions of part 71 apply to the permitting of those
sources, as well.  There are currently no OCS sources permitted by EPA
and no OCS sources that have submitted applications for such permits,
but it is conceivable that there will be such sources needing title V
permits during the period covered by this analysis (e.g., offshore oil
and gas exploration or production platforms), therefore this analysis
assumes there may be up to 3 such OCS sources.  This is a change from
the last ICR update, where EPA assumed there might be up to 5 OCS
sources.

Deepwater port sources are fixed or floating structures that are located
beyond State seaward boundaries, intended for the transportation,
storage and handling of oil or natural gas.  An offshore source may be
either an OCS or a deepwater port source (they may be one or the other,
but not both).  Because these sources are required by the Deepwater
Ports Act (DPA) to be treated as if they are located in an “area of
exclusive federal jurisdiction within a State,” States do not have
jurisdiction and EPA must issue the title V permits for them [see §
§1518(a)(1) of the DPA].  Note that previous ICRs for title V rules did
not estimate burdens from these sources because they are new sources. 
There are currently 4 DPA applications approved by the U.S. Coast Guard,
and 10 DPA applications submitted for processing (note that these are
not the same as Title V applications).  At this time, EPA has issued 1
operating permit for a DPA source and there are no additional title V
permit applications under review.  However, it is reasonable to expect
that a number of DPA sources may submit title V permit applications
within the period covered by this ICR renewal, thus EPA assumes that up
to 3 additional DPA source may become subject to the program, bringing
the total included in this analysis up to 4.

Section 502(i)(4) of the Act requires EPA to promulgate, administer, and
enforce a title V program if EPA makes a determination that a State or
local permitting authority is not adequately administering or enforcing
their EPA-approved title V permitting program.  This requirement is
implemented through regulations promulgated by EPA on July 1, 1996 (61
FR 34202), specifically by §§ 71.4(c) and 71.10(b)(1)).  The process
described in these regulations can take up to 2 years after a formal
finding by EPA published in the Federal Register that the State part 70
program is deficient in its implementation or enforcement (this notice
is called “a notice of deficiency” or “NOD”).

For the 3-year period covered by this ICR, it is unlikely that any State
or local permitting program under part 70 will be replaced by a part 71
program administered by EPA, and thus this ICR renewal does not include
such scenarios.  This is a change from the previous ICR where EPA
assumed up to 4 State and local part 70 programs could be replaced by
part 71 programs because of outstanding NOD issues.  These NOD issues
have all been resolved to EPA’s satisfaction, and there are no part 71
permits being issued for this reason at this time.  Also, EPA has just
completed a round of part 70 programs evaluations, which did not result
in the issuance of any new NODs.  This is the third round of program
reviews EPA has performed within the last decade and the State programs
had gained experience and matured to the point where EPA believes such
scenarios are much less likely to occur.

When EPA is the permitting authority under title V, a source subject to
the program must prepare an application and submit it within 1 year of
becoming subject (section 503).  EPA must then issue the permit within
18 months of receiving a complete application (section 503(c)) and
thereafter administer (including revising, reopening, and enforcing the
permit terms, as needed) and renew such permits at no more than 5-year
intervals (section 502(b)(5)).  Sources must periodically (no less often
than annually) certify that they are in compliance with applicable
requirements and promptly report deviations from permit requirements to
the permitting authority (section 503(b)(2)), and permits are required
to set forth requirements for sources to conduct monitoring and
reporting to assure compliance with permit terms and conditions (section
504(b)).  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)). A copy of sections 502 through 504 of title
V of the Act are in Attachment 1. 

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

The information included in this ICR is based upon the best data
available to the Agency at this time.  However, inconsistencies in
permitting authority 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 Federal Operating
Permits Program will have over the next three years. 

Throughout this ICR, the reader will observe estimated values that show
accuracy to the single hour or dollar.  However, reporting values at the
single unit level can be misleading.  In most situations, the proper way
to present estimated data would be to determine an appropriate level of
precision and truncate values accordingly, usually in terms of thousands
or millions of units.  For instance, a spreadsheet generated estimation
of $5,456,295 could be presented in the text as $5.5 (millions) or
$5,456 (thousands).  One problem with such an approach is the loss of
data richness when the report contains a mixture of very large and very
small numbers.  Such was the case with this ICR, where source values are
consistently in the millions and Federal values in the tens of
thousands.  Consequently, to avoid the loss of information through
rounding, this ICR reports all values at the single unit level and
reminds the reader that there is no implied precision inherent in this
style of reporting.

The need for the data required by the part 70 and part 71 operating
permits programs has been well documented in prior ICRs for both
programs.  While much of the information requested under this ICR
existed prior to the creation of the operating permits program, an
operating permit is a compilation of existing requirements; the purpose
being to bring all requirements applicable to a source into one
document.  The intent of this compilation is to (1) resolve any
questions of applicability at the time of permit issuance, (2) provide
certainty to sources as to their obligations, and (3) provide the public
access to a source’s obligations and compliance status.  The Agency
cannot ignore its requirement for such previously existing information
under this ICR since consolidation of the information into the operating
permit and providing public access is the whole purpose of the statute. 
To the extent that similar information was previously collected (e.g.,
State permits under State plans), the program may replace those
activities and avoid duplication of efforts.

For any existing rule, § 3507(g) of the PRA limits the length of time
for which the Director may approve a collection of information to 3
years.  On May 31, 1997, OMB approved the ICR for part 71 (OMB number
2060-0336, EPA tracking number 1713.03). That ICR was renewed on October
31, 2001 (EPA tracking number 1713.04), and was set to expire on October
31, 2004.  On November 1, 2004 that ICR was renewed (EPA tracking number
1713.05), and is set to expire on March 31, 2007 (it was approved for 30
months).  This ICR is a renewal of the November 1, 2004 ICR.

Except for information collection in notices of proposed rules or those
exempted under the emergency processing provisions of 44 U.S.C.
§ 3507(j), the PRA requires EPA to solicit comment on each proposed
information collection, including the renewal or modification of any
existing ICR.  EPA will publish a notice soliciting comment on an
analysis of burden for the part 71 program for the 3-year period of this
ICR (i.e., April 1, 2007 to March 31, 2010).  A copy of the February
2007 notice is included in this ICR as Attachment 2.  

The current ICR was prepared using data on the numbers of sources and
numbers of permits that are updated on a quarterly basis by each of
EPA’s ten Regional Offices.  It is these Regional Offices where the
part 71 permitting activities are carried out.  The actual rates of
permit issuance and permit renewal are reported by the Regional Offices
into an EPA database every three months.  Data for each quarter from
January 2001 up to September 2006 were incorporated into the derivation
of estimates for future permitting activities to occur during the three
years of this ICR.

The previous ICR discussed three consultative activities that we
believed would provide additional details on the burden associated with
this program.  They include a series of title V program evaluations, a
request of the State and Territorial Air Pollution Program
Administrators/Association of Local Air Pollution Control Officials
(STAPPA/ALAPCO) permitting authorities (now called the National
Association of Clean Air Agencies or NACAA) to provide their experiences
on title V burden, and an external taskforce on title V.  The first
activity is a series of comprehensive permit program evaluations for
most of the nation’s 112 title V operating permitting programs.  These
evaluations, now completed, did not result in quantitative data that
would cause us to make any major changes to the burden and cost
assumptions we have used in the past for these ICRs, but they did result
in information generally consistent with past responses to surveys we
have received from State and local agencies and that are consistent with
the assumptions we make in this ICR.  However, the information does
support a minor change in assumptions: we are changing the percentage of
public comments that lead to changes to draft permits from 10% to 2%,
consistent with the frequency that the public requests public hearing on
draft permits.  The second activity is a request to review EPA’s
burden hour assumptions by members of STAPPA/ALAPCO’s subcommittee on
permitting.  The organization has provided such estimates in the past
and these estimates were used for burden estimation purposes in past
ICRs.  A request for updated estimates at the time of the last ICR
update (late 2003) was declined at that time but the organization
committed to updating their previous responses at a later time.  Since
that time, they have not provided any additional updates. The third
activity falls under the purview of the Clean Air Act Advisory
Committee.  A taskforce (known as title V taskforce) was convened to
hear testimony from industry, State government and environmentalists on
the performance of title V programs and to identify elements of the
programs that are working well or poorly.  The taskforce effort resulted
in a list of recommendations to EPA on changes to policy and rulemakings
to make the permit programs more effective; they did not result in any
quantitative data on burden and cost of permitting, thus, this effort
did not result in any data useful for purposes of this ICR.  Although
this taskforce effort is on-going, it is unlikely that it will lead to
any other information useful for ICR renewal purposes in the future.
(See     HYPERLINK
"http://www.epa.gov/oar/oaqps/permits/taskforce.html)" 
http://www.epa.gov/oar/oaqps/permits/taskforce.html) 

In general, collection of the information included in this ICR occurs
once per activity (e.g., permit application or permit issuance). 
Periodic activities include a semi-annual compliance monitoring data
report and an annual compliance certification from each source required
by section 503(b)(1) and (2), respectively, of the Act. EPA has no
leeway to require less frequent reporting.

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

All information related to the permitting of sources under this program
and related to compliance monitoring is required by section 503(e) of
the Act to be subject to public review at all times.  Information
entitled to protection under 114(c) of the Act may be required to be
submitted directly to EPA. Such information will be stored in EPA’s
Confidential Business Information office.

Respondents to this information collection come from sources of
pollution in locations where EPA is the permitting authority (e.g., in
Indian country, OCS, Deepwater ports, and where there are unresolved EPA
objections to part 70 permits).  For the purposes of this ICR, the
Agency identified 113 source permits in Indian country.  There may also
be up to 3 OCS sources and up to 4 Deepwater port sources subject to
permitting by EPA.  Finally, EPA assumes in this analysis that there may
be up to 3 part 71 permits issued because of EPA objections to part 70
permits (assuming the State will not adequately resolve the objection). 
Thus, this analysis includes a total of 123 sources subject to
permitting by EPA.

For this update, EPA is not assuming that we will take over any entire
State permitting programs due to findings of program deficiencies.  The
last ICR update assumed EPA would be issuing up to about 1,600 permits
in 4 hypothetical State or local jurisdictions because of permit program
deficiencies.  Since that time, all NODs for State programs have been
resolved to EPA’s satisfaction and no part 71 permits were issued in
response to such programs deficiencies in the interim.  Also, at this
time EPA has no active NODs and we believe it unlikely that we will be
issuing any permits for this reason during the period covered by this
ICR renewal.

SIC and NAICS Codes for Part 71 Sources in Indian Country (as of
2/29/04)

SIC Code	NAICS Code

1021	212234

1221	212111

1311	211111

1321	211112

1389	213112

2421	321

2431	32191

2436	321212

2493	321219

2819	325

2842	325612

2875	325314

2879	32532

2899	325

3341	331

3354	331316

4911	2211

4922	48621

4925	22121

4953	562

4961	22133

5171	42271

7011	7211

9711	92811



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

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

Applications for permits, permit revisions, and permit renewals

Draft / proposed permits, permit revisions, or permit renewals

Final permits

Annual reports of enforcement activities

Semi-annual reports on compliance monitoring

For this analysis, these submittals are not necessary because EPA
assumes the role of permitting authority.  This analysis also assumes we
are not delegating any part 71 permitting program functions to any State
or local agencies (because we are not assuming we will be taking over
any State programs due to program deficiencies, which is the scenario
under which such delegations would occur).

Under Operating Permit rules, the following data items must be submitted
by sources to permitting authorities:



Applications for permits, permit revisions, and permit renewals

Semi-annual periodic monitoring reports

Annual compliance certification reports

Because the Agency assumes the role of the permitting authority under
part 71, sources will submit these data directly to the EPA for action. 
Attachment 1 includes these statutory requirements for reference
purposes. 



5.1	Collection Methodology and Management

For the Federal Operating Permits program, EPA will receive data from
sources in much the same manner as that established for sources
reporting to State and local agencies in the part 70 State program. 
Thus, when EPA is the permitting authority, we will retain copies of
each permit application (including any application for permit
modification), each draft permit, and each final part 71 permit.

Title V provides few ways to mitigate the effects of operating permit
regulations on small entities.  Under section 502(a) of the Act, the
Agency has exempted or deferred applicability of title V to most
non-major source categories (up to 50,000 small sources) for which
compliance with title V will be impracticable, infeasible, or
unnecessarily burdensome.  The Agency has not analyzed how many of these
non-major sources will be small businesses, but believes that a large
percentage may fall under that definition.

In accordance with the analytical requirements established under the
Regulatory Flexibility Act (RFA) and the Small Business Regulatory
Enforcement Fairness Act (SBREFA), the Agency has determined that,
because this ICR represents a reduction of burden primarily due to a
smaller number of sources subject to permitting by EPA, there are no
adverse effects to be identified vis a vis small entities and small
businesses.

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

Sources (submitted to permitting authority):

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

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

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

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

Annual compliance certification reports are due annually on a date
specified by the permitting authority

Table 1 lists all of the affected sources subject to permitting by EPA
included in this analysis and the date they begin being subject to
permitting by EPA.

			

TABLE 1

IMPLEMENTATION SCHEDULE FOR SOURCES PERMITTED BY EPA

	 Indian  Country 

	OCS	Deepwater Ports	Due to Objection

April 1, 2007 	113	0	1	0

October 1, 2007	0	0	0	0

April 1, 2008	0	1	1	1

October 1, 2008	0	0	0	0

April 1, 2009	0	1	1	1

October 1, 2009	0	0	0	0

March 31, 2010	0	1	1	1

Total	113	3	4	3



During three years of this ICR, the Agency will manage 113 sources in
Indian country, up to 3 OCS sources, up to 4 Deepwater port sources, and
up to 3 permits issued because of EPA objection to a draft part 70
permit.

The EPA has issued part 71 permits to 80 of the 114 sources that will be
subject to the part 71 program by April 2007.  Thus, at the beginning of
this ICR, there will be a backlog of 34 existing sources that have not
yet received their initial permits.  (These sources have submitted their
initial permit applications, so this ICR includes no burden for
preparation of these applications.)  The Agency projects that the
backlogged permits will all be issued during the 3 years of this ICR, 12
in the first year and 11 each in years 2 and 3.

As shown in Table 1, EPA projects that 9 new sources will become subject
to part 71 permitting during the course of this ICR (3 OCS sources, 4
Deepwater port sources, and 2 sources with part 70 permits to which EPA
objects).  We calculate the burden for these sources to include all the
activities associated with obtaining an initial permit.

Also during the period of this ICR, a number of existing sources’
initial part 71 permits will have to be renewed.  (The term of a part 71
permit is 5 years.)  The EPA estimates that there will be 42 backlogged
permit renewals by April 2007 when this ICR begins.  In addition, we
estimate that another 30 part 71 permits will be nearing expiration and
have to be renewed during the period of this ICR.  The Agency projects
that these 72 permit renewals will be issued in equal numbers each year
(i.e., 24 renewals per year).

Table 2 displays the expected source burden for permitting when EPA is
the permitting authority.  Burden means the total time, effort, and
financial resources expended by persons to generate, maintain, retain,
disclose, or provide information to or for a Federal agency.  This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information; processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.

In the initial ICR for part 71, the Agency assumed sources are
indifferent (from an effort perspective) between reporting to the
Federal government and reporting to a State permitting authority.3 
Consequently, Table 2 is the same for both part 70 estimates and this
ICR.

TABLE 2

SOURCE BURDEN BY ACTIVITY

ACTIVITY	BURDEN PER SOURCE 

OR PERMIT 

Prepare Initial Permit Application	300 hrs

Draft Permit Interaction	40 hrs

Gap-filling Monitoring Development (50% of permits)	40 hrs 

Public Hearing Participation (2% of permits)	10 hrs 

Operate Gap-filling Periodic Monitoring (50% of permits)	200 hrs / yr

Prepare Monitoring Reports and Compliance Certification	80 hrs / yr

Permit Revisions

   Significant Permit Modifications (10% of Permits)

   Minor Permit Modifications (50% of Permits)

   Administrative Amendments (50 % of Permits)	

80 hrs

40 hrs

8 hrs

Prepare Permit Renewal Application	200 hrs

Other Permit Renewal Activities	20 hrs



The following tables and descriptions concern burden estimates for
specific activities required of sources and EPA when EPA is the
permitting authority.  In all cases, the activities listed for
source-level activities match those for sources under the part 70
operating permits programs and the activities for the permitting
authority (in this case EPA) match those for State and local permitting
authorities under the part 70 program.

PERMITTING AUTHORITY ACTIVITIES



Program administration: Responding to inquiries about the program,
developing internal and external program guidance, planning, attending
program training, permit fee collection, providing source training,
attending meetings and conferences, providing public education, and
other program related activities

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

Draft permit preparation, including contact with the source

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

Public hearing administration: Administering a public hearing, when
appropriate

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

Permit issuance, including web activities and source notification

General permits administration: (This ICR does not include provisions
for general permitting. The burden for issuing general permits is
included with other permit issuance burden categories.)

Permit revision: Reviewing permit revision applications, drafting any
changes, public notice, issuance

Permit renewal: Reviewing permit renewal application, drafting any
changes, public notice, issuance

Monitoring and compliance certification: Reviewing semi-annual
monitoring reports and annual compliance certification

SOURCE-SPECIFIC 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 gap-filling,
if applicable

Public hearing participation

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

Monitoring reports: Preparing semi-annual monitoring data reports,
including data analysis, responsible official certification, and report
submission (annual burden for both reports). Includes preparing and
submitting annual compliance certification

Permit revisions: Preparing applications for permit revisions

Permit renewal: Preparing permit renewal applications

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

Table 3 displays the expected burden for all of the specific tasks
necessary for EPA to perform its permit program functions when EPA is
the permitting authority under title V. 

TABLE 3

PERMITTING AUTHORITY BURDEN BY ACTIVITY

ACTIVITY	PART 70 BURDEN PER PERMIT OR PROGRAM

Program Administration	3,500 hrs / PA / yr

Initial Permit Application Review 	100 hrs / permit

Draft Permits Preparation	150 hrs / permit

Comment Period Notification	10 hrs / permit

Hold Public Hearings (2% of permits)	100 hrs / hearing

Analyze Public Comments (2% of permits)	40 hrs / permit

Permit Issuance 	8 hrs / permit

Permit Revision 

   Significant Permit Modification

   Minor Permit Modification

   Administrative Amendment	

60 hrs / permit

20 hrs / permit

5 hrs / permit

Permit Renewal	60 hrs / permit

Review Reports:

   Monitoring (2 reports / yr)

   Compliance Certification 	10 hrs / permit 

	

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

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

For this ICR renewal, the Agency was unable to duplicate the methodology
used in 2000 and 2004 because the Bureau of the Census has changed the
data reported in the Statistical Abstract of the United States. 
Instead, EPA updated the hourly cost for in-house labor by adjusting the
2004 value (in 2003 dollars) to 2006 dollars using the ECI for
white-collar workers in private industry.  This calculation resulted in
an hourly cost of $38 for in-house labor as detailed below in Table 4.

TABLE 4

 

 

 

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

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



For contracted labor, operating permit management and reporting require
the same skills employed by the EPA's consultants.  For the 2000 ICR, as
an estimation of a source's consulting costs, the Agency averaged the
fully loaded cost of three environmental contractors at the PL 2
(secretarial support), PL 3 (technical), and PL 4 (administration)
levels, applying the methodology employed below in Table 5 for
establishing a Federal and PA FTE wage rate.  The fully loaded hourly
cost calculated at that time for Industry-hired consultants was $268
(1999 dollars).  Therefore, the hourly rate for preparing the initial
permit application was set at $111 for the 2000 ICR (1/3 of $268 plus
2/3 of $32).  All other source tasks were estimated using the in-house
hourly cost of $32 per hour. 

Because of the confidential nature of the values used to estimate
contractor hourly costs, the exact methodology was not documented in the
2000 ICR.  As a result, for the 2004 ICR renewal EPA used the ECI to
update the hourly cost for preparing initial permit applications,
calculating a value of $131 per hour.  For the current ICR renewal, EPA
has used the same approach.  The Agency used the methodology detailed
above in Table 4, except that we started with the value in 1999 dollars
($111 per hour) and used the ECI for 1999 (146.9) in place of the ECI
for 2003.  This resulted in an hourly cost for preparing an initial
permit application of $143.  All other source tasks are estimated at the
in-house hourly cost of $38 per hour, as discussed above.

Historically, the Agency applied a $34 per hour rate for Federal and
State full time employee (FTE) wage rates.  During the development of
the ICR for the part 71 Federal Operating Permit Regulations, the Agency
was instructed by the Office of General Council (OGC) to compute more
accurate estimations of these hourly costs.  To determine the
appropriate hourly wage to apply for each respondent burden estimation,
OGC instructed the Agency to assume the appropriate FTE rate to apply
would be a GS-11 Step 3, fully loaded to account for overhead, benefits,
and all other appropriate costs.  To fully incorporate the cost of that
FTE's support staff and managerial costs, the Agency also assumed
one-eleventh of a manager's time (at a GS-13, Step 3 level), and
one-eighth of a secretary's time (at a GS-6, Step 6 level).  Applying
the same process for this ICR renewal, the Agency has determined the
appropriate cost of Federal and permitting authority burden at $45 per
hour. Table 5 displays the calculation of this rate.  

TABLE 5

DETERMINATION OF FEDERAL AND PERMITTING AUTHORITY BURDEN COSTS

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

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

     Factor (1/11)                                                      
                                         0.09

                                                                        
                                                            $6,319.80

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

     Factor (1/8)                                                       
                                          0.13

                                                                        
                                                            $4,259.45

Annual Applicable Salary of Permit Staff                                
                                  $59,848.25

Benefits (at 16%)                                                       
                                                 $9,575.72

  

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

General Overhead                                                        
                                            $18,511.67

Total Cost Per FTE                                                      
                                              $93,920.47

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

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

Table 6 lists the burden categories, expected number of occurrences for
each, and the associated burden and costs for sources when EPA is the
permitting authority.  The quantities in the “affected permits”
column are from direct assessments of the 123 permits EPA expects to
administer during the period covered by this ICR (113 Indian country
sources, 3 OCS sources, 4 Deepwater ports sources, and 3 due to EPA
objection).  Each activity in Table 6 is based on the burden estimates
from Table 2.

 

TABLE 6

TOTAL AND AVERAGE BURDEN AND COST OF SOURCE ACTIVITIES

UNDER EPA ADMINISTRATION

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

THREE-YEAR

BURDEN (HOURS)	AVERAGE   ANNUAL  BURDEN (HOURS)	TOTAL

THREE-YEAR

COST

($2006)	AVERAGE ANNUAL

COST

($2006)

Initial Permit Application*	300	$143	9	                2,700	 	900 
$386,100 	 $128,700 

Draft Permit Interaction** 	40	$38	43	1,720	573	$65,360	$21,787

Gap Filling Monitoring Development (50% of permits)**	40	$38	22	        
          880	 	293 	$33,440 	$11,147 

Public Hearing Participation (2% of permits)**	10	$38	1	10	3	$380	$127

Operate Gap Filling Monitoring (50% of permits)***	          200	$38
year 1       40	35

year 2       48	35

year 3       55	35

       	year 1      8,000	7,000

year 2      9,600	7,000

year 3    11,000	       7,000

              28,600	21,000	2,667

3,200

      3,667

9,534	$304,000

$364,800

        $418,000

$1,086,800	$101,333

$121,600

    $139,333

$362,266

Prepare Monitoring Reports and Compliance Certifications (all
permits)***	            80	$38	year 1       80	105

year 2       95	105

year 3     109	105	year 1     6,400	8,400

year 2     7,600	8,400

year 3     8,720	8,400

             22,720	25,200	2,133

2,533

      2,907

7,573	$243,200

$288,800

$331,360

$863,360	$81,067

$96,267

$110,453

$287,787

Permit Revisions***

Significant Permit Mods (10% of existing permits)

Minor Permit Mods (50% of existing permits)

Admin Amendments (50% of existing permits)

               Revision Subtotal	

            80

             40

               8                                                        
                                                                        
                                                            	$38	

year 1         8	10

year 2       10	10

year 3       11	10

                 29

year 1       40	53

year 2       48	53

year 3       55	53

               143

year 1       40	53

year 2       48	53

year 3       55

               143	53	

year 1         640	800

year 2         800	800

year 3         880	800

                2,320	2,400

year 1      1,600	2,120

year 2      1,920	2,120

year 3      2,200	2,120

                5,720	6,360

year 1         320	424

year 2         384	424

year 3         440	424

                1,144	1,272

                9,184	10,032	

213

267

 293

773

533

640

733

1,906

107

128

147

382

3,061	

$24,320

$30,400

$33,440

$88,160

 $60,800

$72,960

$83,600

$217,360

$12,160

$14,592

$16,720

$43,472

$348,992	

$8,107

$10,133

$11,147

$29,387

$20,267

 $24,320

$27,867

$72,454

$4,053

$4,864

$5,573

$14,491

$116,332

Renewal Permit Application	200	$38	72	              14,400	 15,000	4,800
	$547,200 	$182,400 

Other Renewal Activities	20	$38	72	                1,440	1,000	480
$54,720	$18,240

TOTALS	81,654	27,218	$3,386,352	$1,128,784

*  This activity applies only to the new sources that must be permitted
during the period of this ICR.

**  These activities apply to all initial permits issued during the
period of this ICR, i.e., 9 new + 34 backlogged = 43 permits.

***  These activities apply to the existing sources that have a part 71
permit at the beginning of each year of this ICR: 80 sources as of
April 2007, 95 sources as of April 2008, and 109 sources as of April
2009.

  

 Table 7 lists the burden categories when the EPA (Federal government)
acts as the permitting authority under title V, the expected number of
permits involved, and the expected cost for each category, based on the
burden estimations from Table 3. 

TABLE 7

THE BURDEN AND COST OF EPA ACTIVITIES WHEN EPA IS THE PERMITTING
AUTHORITY

ACTIVITY	Burden Hours per Permit**	Affected Permits or Programs	Total
3-Year Burden (Hours)	Total 3-Year Cost ($2006)*

Program Administration	3,500 per year	1	10,500	$472,500

Permit Application Review	100	9	900	$40,500

Draft Permit Preparation	150	43	6,450	$290,250

Comment Period Notification	10	43	430	$19,350

Public Hearing  (by Hearing) (2% of permits)	100	1	100	$4,500

Analyzing Public Comments (2% of permits)	40	1	40	$1,800

Permit Issuance	8	43	344	$15,480

Permit Revisions

     Significant (10% of permits)	

60	

29	

1,740	

$78,300

     Minor (50% of permits)

                                                                        
                	20	143	2,860	$128,700

     Administrative (50% of permits)

                                                 

                                                Revision Subtotal	5

	143

	715 

5,315	$32,175

$239,175

Permit Renewals	60	72	4,320	$194,400

Review Monitoring and Compliance 

Reports                                                                 
                                              

                                                             Year 1

                                                             Year 2

                                                             Year 3	

15

15

15	

80

95

109	

1,200

1,425

1,635

4,260	

  $54,000

  $64,125

  $73,575

$191,700

Totals

	32,659	$1,469,655

*   The wage rate applied was $45 per hour, see Section 6.3.2 Estimating
PA and Agency Costs for details.	

** Units are per permit except program administration (per PA) and
public hearings (per hearing)

There are no expected capital or O&M costs for this ICR. Moreover, the
regulations do not mandate the purchase of any capital equipment, nor do
they require any O&M procedures.  Although EPA does not have separate
estimates for capital and O&M costs, we believe past input from State
permitting authorities on the burdens of part 70 programs may have
considered such costs within their estimates for the burden of program
activities (e.g., the costs of obtaining computers to aid in program
administration).

TABLE 8

BOTTOM LINE MARGINAL BURDEN AND COST* ($2006)

2007 – 2010

	Number of Affected Entities	Total ICR     (1 Year) Burden Hours	Total
ICR

 (3 Year) Burden Hours	Average Annual Burden Per Source (Hours)	Total
ICR (1 Year) Cost	Total ICR

(3 Year) Cost	Average Annual Cost Per Source

Sources	123**	27,218	81,654	221	$1,128,784	$3,386,352	$9,177

Federal	1	10,886	32,659	89	$489,885	$1,469,655	$3,983

Total

	114,313	 

$4,856,007

	

* Cost and burden values are from Tables  6 and 7.

** 113 Indian country, 4 Deepwater port, 3 OCS and 3 part 70 permits

Tables 2 and 3 display the activities of the title V permit programs for
sources, and the Federal government (EPA) as the permitting authority.
Tables 6 and 7 display the costs associated with each of these
categories using data from Tables 2 and 3, and use updated wage rates as
shown in Tables 4 and 5.  Table 8, above, summarizes the costs for the
affected entities in 2006 dollars.  

This ICR contains no estimated burden for permitting authorities other
than for EPA in its role as the permitting authority, when necessary. 
Any burden attributable to a State or local permitting program under
title V is a component of the part 70 Operating Permits Program and not
applicable to this ICR.  Also, EPA oversight activities under part 70
programs, such as reviewing part 70 permits, is addressed separately in
the ICR for part 70.

On average, the Agency estimates the 3-year cost to major sources under
part 71 (123 sources) at about $3.4 million with burden hours totaling
82 thousand (27 thousand hours per year), or about 221 hours per year
per source over the three years of the ICR.  This is about 3.5% lower on
a per-source basis than the expected burden for sources reported in the
2004 part 71 ICR.

The burden EPA expects to incur in its role as permitting authority
under title V is estimated over the 3-year period covered by this ICR at
about 33 thousand hours, or around 89 hours per source per year.

The title V program has been evolving since its inception, beginning
with promulgation of the part 70 regulations in 1992.  Consequently,
the activities associated with implementing the part 70 and part 71
programs have changed since the previous ICR.  With the experience
gained through program implementation, EPA and permitting authorities
have a sense of the activities associated with the program and the
burden of those activities.  The activities in this ICR have been
developed based on this knowledge.  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.

One minor change in assumptions is in the percentage of public comments
that lead to changes to the draft permits.  The evaluations of part 70
programs EPA has performed 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 EPA as the permitting authority.  This change has an insignificant
effect on these estimates.

Table 9 compares the burden in the previous ICR with the burden in this
ICR.  The approved burden level in the previous ICR was 24 thousand
hours per year for sources and 36 thousand burden hours per year for
Federal oversight; for a total of 60 thousand hours.  This ICR estimates
total annual burden at 42 thousand hours with sources accounting for 30
thousand burden hours per year and Federal oversight burden hours
estimated at 12 thousand hours.  The change in burden from the previous
ICR is due to expected changes in program activities that have occurred
as a result of evolution of the program and are considered
“adjustments” (they are not the result of new or revised Federal
mandates).

TABLE 9

BURDEN CHANGE FROM 2004 ICR TO CURRENT ICR (in hours)

	Average Annual Burden

in 2004 ICR Renewal	Average Annual Burden

in ICR Renewal	Difference

Sources	24,077	27,218	3,141

Federal	36,392	10,856	(25,536)

TOTAL	60,469	38,074	(22,395)

								

During the 3-year period of this ICR there will be a slight increase in
the source burden compared to the previous ICR due to the larger number
of sources that will be subject to non-delegated program administration
by EPA as a consequence of there being more major sources subject to the
program and as a normal consequence of changes in the mix of source
activities over time.  These changes are not due to any EPA actions to
revise regulations or policy since the last ICR update.  In the last ICR
there were 105 sources subject to non-delegated permit administration by
EPA, while this one assumes there will be 123 sources.  Also, during the
3 years of this analysis there will be a significant reduction in
Federal (EPA) burden due to a change in assumptions to eliminate the
scenario where EPA issues an NOD and takes over permitting in a State
due to poor implementation or enforcement of a part 70 program.  Also,
there is an overall reduction in burdens in this analysis compared to
the last one because of the elimination of EPA oversight activities for
delegated part 71 programs (also related to EPA takeover of State
programs).  For these reasons, in this ICR period (2007-2010), Federal
burden hours will decrease from the 2004 ICR and result in a 26 thousand
hour reduction in total burden. 

Due to the large number of respondents, the variation in the
circumstances for each respondent, and the varied nature of the
activities of the program, it is impractical to attempt to delineate
burden by respondent and activity.  Following is the apportioned burden
for each respondent, derived from the total permitting authority (i.e.,
EPA) hourly burden divided by the number of permitting authorities
(i.e., 1), and similarly for sources.

TABLE 10

BURDEN STATEMENT

	Number of

Respondents	Total Annual Burden (hours)	Average Annual Burden per
Respondent

(hours)

Sources	123	27,218	221

Federal	1	10,856	10,856



Send comment on the Agency’s need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including through the use of automated
collection techniques to:

Director, Collection Strategies Division

Office of Environmental Information 2822,

Environmental Protection Agency

1200 Pennsylvania Ave. NW, Washington, DC 20460

and to:

The Office of Information and Regulatory Affairs

Office of Management and Budget

725 17th Street, NW, Washington, DC 20503

Attention:  Desk Officer for EPA. 

Include the EPA ICR number (1713.06) and OMB control number (2060-0336)
in any correspondence.



ATTACHMENT 1 tc "ATTACHMENT 1" 

THE STATUTORY REQUIREMENTS FOR RESPONDENT INFORMATION



SECTIONS 502 THROUGH 504 OF TITLE V OF THE CLEAN AIR ACT

SEC. 502. PERMIT PROGRAMS

	 (a)  Violations.-  After the effective date of any permit program
approved or promulgated under  this title, it shall be unlawful for any
person to violate any requirement of a permit issued under this title,
or to operate an affected source (as provided in title IV), a major
source, any other  source (including an area source) subject to
standards or regulations under section 111 or 112,  any other source
required to have a permit under parts C or D of title I, or any other
stationary source in a category designated (in whole or in part) by
regulations promulgated by the  Administrator (after notice and public
comment) which shall include a finding setting forth the basis for such
designation, except in compliance with a permit issued by a permitting
authority under this title. (Nothing in this subsection shall be
construed to alter the applicable requirements of this Act that a permit
be obtained before construction or modification.)  The Administrator
may, in the Administrator's discretion and consistent with the
applicable provisions of this Act, promulgate regulations to exempt one
or more source categories (in whole or in part) from the requirements of
this subsection if the Administrator finds that compliance with such
requirements is impracticable, infeasible, or unnecessarily burdensome
on such categories, except that the Administrator may not exempt any
major source from such requirements.

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

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

	(2)  Monitoring and reporting requirements.

	(3)(A)  A requirement under State or local law or interstate compact
that the owner or operator of all sources subject to the requirement to
obtain a permit under this title pay an annual fee, or the equivalent
over some other period, sufficient to cover all reasonable (direct and
indirect) costs required to develop and administer the permit program
requirements of this title, including section 507, including the
reasonable costs of -

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

	(ii)  if the owner or operator receives a permit for such source,
whether before or after the  date of the enactment of the Clean Air Act
Amendments of 1990, implementing and enforcing the 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 2

January 2007 FEDERAL REGISTER NOTICE

(Will be inserted upon publication) tc "

ATTACHMENT 2

March 23, 2004 FEDERAL REGISTER NOTICE" 



1	Offshore oil and natural gas terminals located in areas of exclusive
federal jurisdiction under the Deepwater Ports Act, 33 U.S.C. § 1501 et
seq.  

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

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

E-  PAGE  2 

Information Collection Request For Part 71 Federal
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慭楴湯䌠汯敬瑣潩n Request For Part 70 Operating Permit
Regulations

 DATE \@ "d MMMM yyyy" 26 January 2007 

EPA

March 2007

EPA # 1713.06

Executive Summary

CONCLUSION:

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

Because this ICR represents a decrease in burden, the Agency determined
there is NO SIGNIFICANT IMPACT ON A SUBSTANTIAL NUMBER OF SMALL
ENTITIES.

1	Identification of the Information Collection

1.1	Title

1.2	Description

EPA TRACKING NUMBER:

1713.06

OMB TRACKING NUMBER:

2060-0336

1.2.1	Federal Program Where There Is No State, Local or Tribal Program

1.2.2	Federal Program as a Backstop for Deficient State Programs

1.2.3	Federal Program for Deficient State Permits

2	Need and Use of the Collection

2.1	Need / Authority for the Collection

2.2	Practical Utility / Users of the Data

2.3	Caveats and Considerations

3	Non-Duplication, Consultation, and Other Collection Criteria

3.1	Non-Duplication

3.2	Public Notice Requirements

3.3	Consultations

3.4	Effects of Less Frequent Collection

3.5	General Guidelines

3.6	Confidentiality

4	The Respondents and the Information Requested

4.1	Respondents

4.2.1	Required Data Items

4.2	Information Requested

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

There are 123 affected sources in this ICR:

113 Sources in Indian Country

3 Sources in Outer Continental Shelf

4 Deepwater Port Sources

3 Sources due to EPA Objections to Part 70 Permits

6.2	Estimating Burden

Under the part 71 Operating Permits Program, the EPA must perform all of
the activities that would normally be performed by the State or local
permitting authority.

6.3	Estimating Wages

6.4	Estimating Costs for the Federal Program

6.4.1	Estimating Source Costs

6.4.2	Estimating Federal Costs

6.4.3	Capital and O&M Costs

6.4.4	Bottom Line Burden Hours and Cost

6.5	Reasons for Changes in the Burden

6.6	Burden Statement

6.3.1	Estimating Source Costs

6.3.2	Estimating PA and Agency Costs

