United States Environmental Protection Agency             

Office of Air and Radiation

Office of Air Quality Planning and Standards

March, 2007

INFORMATION COLLECTION REQUEST

FOR PART 71

FEDERAL OPERATING PERMIT REGULATIONS

prepared by

Jeff Herring, Environmental Scientist

Air Quality Policy Division

Operating Permits Group

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 was scheduled
to expire on March 31, 2007, but an emergency extension granted by OMB
on March 13, 2007 extended the expiration date to June 30, 2007).  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	 12,373	(24,019)

TOTAL	60,469	39,591	(20,878)

				

This ICR represents an overall reduction in expected burden of over 33
percent for respondents (sources) and the Federal government compared to
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 July 2007 and June 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 27 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, and any part 70 sources
with unresolved EPA objections to draft part 70 permits.  Thus, there is
a small increase in respondent (source) burden in this ICR compared to
the 2004 ICR (an increase of just under 13%) due to changes in
assumptions to better reflect the numbers of sources and the activities
they will be performing during the period of the analysis.  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 one third of that, 37
thousand hours (12 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.  Thus,
there is a substantial decrease in Federal government burden in this ICR
compared to the 2004 ICR (about a 2/3 decrease) due to changes in
assumptions to better reflect program implementation experience. 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 	31

	Attachment 2 

February 9, 2007 Federal Register Notice…………….43

		

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
by EPA (or a delegate agency) for sources located in areas where there
is no State, local or Tribal program, such as in Indian country, the
Outer Continental Shelf, 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 State 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
8,247) 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, rather than due to any changes in EPA
mandates. 

EPA is the permitting authority for sources located 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,” EPA must issue the
title V permit 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 34,202), 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.  

The last ICR renewal (EPA tracking number 1713.05) was granted on
November 1, 2004 for the period ending March 31, 2007.   An emergency
extension was granted by OMB on March 13, 2007, extending the expiration
date to June 30, 2007.  

Except for information collection in notices of proposed rules or those
exempted under the emergency processing provisions of 44 U.S.C.
§ 3507(j), the PRA requires EPA to solicit comment on each proposed
information collection, including the renewal or modification of any
existing ICR.  On February 9, 2007 (72 FR 6233) EPA published a notice
soliciting comment on an analysis of burden for the part 71 program for
the 3-year period of this ICR (i.e., July 1, 2007 to June 30, 2010).  A
copy of the February 2007 notice is included in this ICR as Attachment
2.  No public comments were received.

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 NACAA’s subcommittee on permitting.  During
a conference call with them, EPA received input on the draft ICR renewal
for part 70 released for public comment.  Consistent with NACAA’s
input during that consultation, changes have been made to burden
estimates for certain activities performed by EPA when it is the
permitting authority under title V as described in this ICR.  This is
described more fully in section 6.2.  Also, consistent with NACAA’s
concerns, in section 4.2.2, we are providing more detailed descriptions
of permitting authority activities.

 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. 
(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
10/30/06)

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
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

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

When the Agency assumes the role of the permitting authority as assumed
under this ICR, 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 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.  (For example, see a recent final rule, 70 FR
75320, December 19, 2005, which exempted a large number of small
sources.)  The Agency has not analyzed how many of these non-major
sources will be small businesses, but believes that a large percentage
may fall under that definition. 

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

July 1, 2007 	113	0	1	0

January 1, 2008	0	0	0	0

July 1, 2008	0	1	1	1

January 1, 2009	0	0	0	0

July 1, 2009	0	1	1	1

January 1, 2010	0	0	0	0

June 30, 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 EPA permitting by July 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 EPA 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 July 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.

The Agency derived its estimates in Tables 2 and 3 from previous
consultations with fewer than nine respondents from the regulated
community on the burdens and costs of the permit programs, data
collected by EPA from permitting authorities on the numbers of permits
issued, renewed, and modified in the course of program administration,
and based on our analysis of data submitted within the context of State
and local permitting program evaluations.  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.  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, developing rules,
forms, and other mechanisms to implement the program, planning,
attending program training, permit fee collection, providing source
training, attending meetings and conferences, providing public
education, and other program related activities. 

Permit application review, including discussions with a source
concerning the completeness of the permit application, review of
applications for completeness and technical approach, and requests for
additional information, when necessary.  

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

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

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.  We made changes to the burden
estimates in table 3 since the last ICR renewal, including revising the
burden for EPA to issue permit renewals and significant modifications
from 60 hours per activity to 90 hours per activity for both, and
changed the burden for EPA to issue minor permit modification from 20
hours per activity to 30 hours per activity.  These changes were made to
more accurately reflect the burdens of public notification, public
comment, public hearing, and affected State review for these activities,
consistent with changes we made to the recent part 70 ICR renewal, and
consistent with NACAA input on these ICRs.  

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	

90 hrs / permit

30 hrs / permit

5 hrs / permit

Permit Renewal	90 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 July
2007, 95 sources as of July 2008, and 109 sources as of July 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)	

90	

29	

2,610	

$117,450

     Minor (50% of permits)

                                                                        
                	30	143	4,290	$193,050

     Administrative (50% of permits)

                                                 

                                                Revision Subtotal	5

	143

	715 

7,615	$32,175

$342,675

Permit Renewals	90	72	6,480	$291,600

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

	37,118	$1,670,355

*   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	12,373	37,119	101	$556,785	$1,670,355	$4,527

Total

	118,773	 

$5,056,707

	

* 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, are 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 37 thousand hours, or around 101 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 relatively significant change in assumptions is a change in the
burden hour estimates (burden hours per activity) for the EPA activities
of processing permit revisions and significant modifications (both were
increased to 90 hours per occurrence), and for minor permit
modification, which increased to 30 hours per occurrence, based on NACAA
input on the draft ICR renewal, and consistent with the part 70 ICR.

One relatively 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	12,373	(24,019)

TOTAL	60,469	39,591	(20,878)

								

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), which is only partially offset by revisions to increase
burden estimates for certain EPA activities (e.g., permit renewals). 
For these reasons, in this ICR period (2007-2010), Federal burden hours
will decrease from the 2004 ICR and result in a 21 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	12,373	12,373



Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.  The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.     

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OAR-2004-0016, which is available for online viewing at  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the Air and Radiation Docket and Information Center in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays.  The telephone number for the Reading Room is (202)
566-1744, and the telephone number for the Air and Radiation Docket and
Information Center is (202) 566-1742.  An electronic version of the
public docket is available at www.regulations.gov.  This site can be
used to submit or view public comments, access the index listing of the
contents of the public docket, and to access those documents in the
public docket that are available electronically.  When in the system,
select “search,” then key in the Docket ID Number identified above. 
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number EPA-HQ-OAR-2004-0016 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

February 9, 2007 FEDERAL REGISTER NOTICE

72 FR 6233

 tc "

ATTACHMENT 2

March 23, 2004 FEDERAL REGISTER NOTICE" 

ENVIRONMENTAL PROTECTION AGENCY

[EPA–HQ–OAR–2004–0015 and EPA–HQ–OAR–2004–0016;
FRL–8277–3]

Agency Information Collection Activities; Proposed Collections; Comment
Request; Part 70 Operating Permit Regulations, EPA ICR No. 1587.07, OMB
Control No. 2060–0243; Part 71 Federal Operating Permit Regulations,
EPA ICR No. 1713.06, OMB Control No. 2060–0336

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C.
3501 et seq.), this document announces that EPA is planning to submit a
request to renew two existing approved Information Collection Requests
(ICRs) to the Office of Management and Budget (OMB). These ICRs are
scheduled to expire on March 31, 2007. Before submitting these ICRs to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before April 10, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ–

OAR–2004–0015 (part 70 ICR) or EPA–HQ–OAR–2004–0016 (part 71
ICR), by one of th⁥潦汬睯湩⁧敭桴摯㩳

http://www.regulations.gov: Follow the on-line instructions for
submitting comments.

Fax: (202) 566–7944.

Mail: U.S. Environmental Protection Agency, EPA Docket Center
(EPA/DC), Air and Radiation Docket Information Center, 1200 Pennsylvania
Avenue, NW., Mail Code 2822T, Washington, DC 20460.

Hand Delivery: EPA Docket Center, EPA West, Room 3334, 1301
Constitution Avenue, NW., Washington, DC 20004. Such deliveries are
accepted only during the Docket’s normal hours of operation—8:30
a.m. to 4:30 p.m., Monday through Friday. Special arrangements should be
made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No.
EPA–HQ–OAR–2004–0015 or EPA–HQ–OAR–2004–0016.

EPA’s policy is that all comments received will be included in the
public docket without change and may be made available online at
http://www.regulations.gov including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute.  Do not submit information that you consider to
be CBI or otherwise to be protected through   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov  or e-mail. The
www.regulations.gov Web site is an ‘‘anonymous access’’ system,
which means we will not know your identity or contact information unless
you provide it in the body of your comment. If you send an e-mail
comment directly to us without going through www.regulations.gov, your
email address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, we recommend that you
include your name and other contact information in the body of your
comment and with any disk or CD–ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, we may not be able to consider your comment. Electronic
files should avoid the use of special characters or any form of
encryption and be free of any defects or viruses. For additional
information about the EPA public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Jeff Herring, Office of Air Quality
Planning and Standards, Air Quality Policy

Division (C504–05), U.S. Environmental Protection Agency, Research
Triangle

Park, NC 27711; telephone number: (919) 541–3195; fax number: (919)
541–5509; e-mail address: herring.jeff@epa.gov.

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

The EPA has established public dockets for these ICRs under Docket ID
Nos. EPA–HQ–OAR–2004–0015 (part 70

ICR) and EPA–HQ–OAR–2004–0016 (part 71 ICR) which are available
for online viewing at http://www.regulations.gov, or in person viewing
at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004.
The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the reading room is (202) 566–1744, and the telephone number for
the Air and Radiation Docket is (202) 566–1742. Use
www.regulations.gov to obtain a copy of the draft collections of
information, submit or view public comments, access the index listing of
the contents of the docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
‘‘search,’’ then key in the docket ID numbers identified in this
document.

What Information Particularly Interests EPA?

Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits
comments and information to enable it to:

(i) Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the Agency, including
whether the information will have practical utility;

(ii) evaluate the accuracy of the Agency’s estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;

(iii) enhance the quality, utility, and clarity of the information to be
collected; and

(iv) minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your
comments:

1. Explain your views as clearly as possible and provide specific
examples.

2. Describe any assumptions that you used.

3. Provide copies of any technical information and/or data you used that
support your views.

4. If you estimate potential burden or costs, explain how you arrived at
the estimate that you provide.

5. Offer alternative ways to improve the collection activity.

6. Make sure to submit your comments by the deadline identified under
DATES.

7. To ensure proper receipt by EPA, be sure to identify the docket ID
numbers assigned to these actions in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

To What Information Collection Activity or ICR Does This Apply?

Docket ID Nos. EPA–HQ–OAR–2004–0015 (part 70 ICR) and
EPA–HQ–OAR–2004–0016 (part 71 ICR).

Affected entities: Entities potentially affected by this action are
those which must apply for and obtain an operating permit under title V
of the Clean Air Act (Act). These, in general, include sources which are
defined as ‘‘major’’ under any title of the Act.

Titles: Part 70 Operating Permit Regulations; Part 71 Federal Operating
Permit Regulations.

ICR numbers: For the part 70 regulations, EPA ICR No. 1587.07 and OMB
Control No. 2060–0243. For the part 71 regulations, EPA ICR No.
1713.05 and OMB Control No. 2060–0336.

ICR status: These ICRs are currently scheduled to expire on March 31,
2007. An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information, unless it displays a
currently valid OMB control number. The OMB control numbers for EPA’s
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.

Abstract: Title V of the Act requires States to develop and implement a
program for issuing operating permits to all sources that fall under any
Act definition of ‘‘major’’ and certain other non-major sources
that are subject to Federal air quality regulations. The Act further
requires EPA to develop regulations that establish the minimum
requirements for those State operating permits programs, to oversee
implementation of the State programs, and to operate a Federal operating
permits program in areas not subject to an approved State program. The
EPA regulations setting forth requirements for the State operating
permits programs are at part 70, title 40, chapter I of the Code of
Federal Regulations. These are referred to as the ‘‘Part 70
Operating Permit Regulations,’’ which are the subject of one of the
ICRs addressed in this notice. The EPA regulations for the Federal
operating permits program are at part 71, title 40, chapter I of the
Code of Federal Regulations. These are referred to as the ‘‘Part 71
Federal Operating Permit Regulations,’’ which are the subject of the
second ICR addressed in this notice. The part 71 program is being
implemented for sources located in Indian country, Outer Continental
Shelf sources, and in areas that do not have part 70 programs.  In
implementing title V of the Act and EPA’s part 70 operating permits
regulations, State and local permitting agencies must develop programs
and submit them to EPA for approval (section 502(d)), and sources
subject to the program must develop operating permit applications and
submit them to the permitting authority within 1 year after program
approval (section 503). Permitting authorities will then issue permits
(section 503(c)) and thereafter enforce, revise, and renew those permits
at no more than 5–year intervals (section 502(d)). Permit applications
and proposed permits will be provided to, and are subject to review by,
EPA (section 505(a)). All information submitted by a source and the
issued permit shall also be available for public review except for
confidential information which will be protected from disclosure
(section 503(e)). Sources will semi-annually submit compliance
monitoring reports to the permitting authorities (section 504(a)). The
EPA has the responsibility to oversee implementation of the program and
to administer a Federal operating permits program in the event a program
is not approved for a State (section 502(d)(3)) or if EPA determines the
permitting authority is not adequately administering its approved
program (section 502(i)(4)). The activities to carry out these tasks are
considered mandatory and necessary for implementation of title V and the
proper operation of the operating permits program. This notice provides
updated burden estimates from previously approved ICRs. Burden
Statement: The annual public reporting and recordkeeping burden for the
part 70 collection of information is estimated to average 248 hours per
permitted source, and the annual burden for permitting authorities to
administer a part 70 program is estimated to average 10,179 hours. The
annual public reporting and recordkeeping burden for the part 71
collection of information is estimated to average 221 hours per
permitted source.

Are There Changes in the Estimates From the Last Approval?

There is an increase of 206 thousand hours in the part 70 total
estimated respondent annual burden compared with that identified in the
ICR currently approved by OMB. This increase in part 70 burden for
sources and permitting authorities is an adjustment due to changes in
burden estimates, primarily an increase in permit renewal activities.
These changes in burden are not program changes, as no federal mandates,
including the part 70 and part 71 regulations, have changed in any way
that would affect these ICRs since the last ICR updates. For the part 71
program, there is a decrease of 22 thousand hours in the total estimated
annual burden compared with that identified in the ICR currently
approved by OMB. This burden reduction is also an adjustment, due to
changes in assumptions, primarily due to a reduction in expected EPA
oversight activities for delegated part 71 programs.

What Is the Next Step in the Process for This ICR?

The EPA will consider the comments received and amend the ICRs as
appropriate. The final ICR packages will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv)
to announce the submission of the ICRs to OMB and the opportunity to
submit additional comments to OMB. If you have any questions about these
ICRs or the approval process, please contact the technical person listed
under FOR FURTHER INFORMATION CONTACT.

Dated: January 31, 2007.

Jenny Noonan Edmonds,

Acting Director, Office of Air Quality Planning and Standards.

[FR Doc. E7–2180 Filed 2–8–07; 8:45 am]

BILLING CODE 6560–50–P



 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.

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

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

E-  PAGE  3 

Information Collection Request For Part 71 Federal Operating Permit
Regulations 

Page   PAGE  13 

April 2007

April 2007

Information Collection Request For Part 70 Operating Permit Regulations

 DATE \@ "d MMMM yyyy" 15 May 2007 

EPA

April 2007

EPA # 1713.06

Executive Summary

CONCLUSION:

This ICR represents an INCREASE IN BURDEN FOR SOURCES and a DECREASE IN
BURDEN FOR THE FEDERAL GOVERNMENT, relative to the prior ICR.

Because these changes are “adjustments” due to changes in
assumptions, the Agency has 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

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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

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

