United States Environmental Protection Agency             

Office of Air and Radiation

Office of Air Quality Planning and Standards

March, 2007

DRAFT SUPPORTING STATEMENT FOR THE PART 71

FEDERAL OPERATING PERMIT PROGRAM

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 in Indian
country, certain areas offshore where the Outer Continental Shelf Lands
Act (OCS)  and Deepwater Port Act (DWPA) applies, and in any location
with an approved part 70 program, where EPA has made a finding that the
program is deficient and EPA takes over permitting responsibilities.
Also, EPA issues individual title V permits in situations where there is
an approved part 70 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 September 12, 2007, OMB approved the ICR renewal for part 71 (OMB
number 2060-0336, EPA tracking # 1713.06) for 36 months (it was
scheduled to expire on September 30, 2010). On April 22, 2009, OMB
approved a revision to the previously approved collection related to the
final rule for Flexible Air Permits (EPA tracking # 1713.09) and as part
of this approval OMB extended the expiration date of the ICR to April
30, 2012. This ICR is a renewal of the September 2007 ICR.

Table E-1 displays the expected annual burden and the expected change in
annual burden for sources, permitting authorities, and the Federal
government for implementation of the part 71 Operating Permits Program
under Title V of the Clean Air Act between May 2012 and April 2015. This
ICR represents an overall increase in expected burden of over 38 percent
for respondents (sources) and 32 percent for permitting authorities
compared to that reported in the 2007 ICR. 

TABLE E-1

BURDEN CHANGE FROM 2007 ICR TO CURRENT ICR (in hours)

	Average Annual Burden

in 2007 ICR Renewal	Average Annual Burden

in Current  ICR Renewal	Difference

Sources	27,218	37,413	10,195

PA (Tribe)	N/A	1,318

	N/A

Federal (PA)	12,372	15,066	4,011

Federal (Oversight)	N/A	24	N/A

TOTAL	39,591	53,820	14,229



In 2007 ICR renewal (EPA tracking # 1703.06), the Agency estimated the
annualized burden to part 71 sources at 27 thousand hours. The current
ICR estimates the annualized burden to sources at about 37 thousand
hours, primarily due to an increase in the number of sources subject to
permitting. The 2007 renewal included 123 sources, while this update
expects 174 sources, including Indian country sources, OCS sources, DWPA
sources, sources subject to permitting due to the GHG Tailoring rule,
and any part 70 sources with unresolved EPA objections. Thus, there is
an increase in respondent (source) burden in this renewal compared to
the 2007 renewal due to changes in our estimate of the number of
permitted sources. This increase is due to increased economic activity,
which the existing regulations are designed to accommodate, rather than
due to any changes in information collection requirements. This
increased estimate better reflects the actual numbers of sources and
activities under part 71 during the period.  There were no changes
necessary to the part 71 forms to accommodate the two previous rule
changes and the part 71 forms are not being changed as part of this
renewal.

			

Although Tribes had authority to seek delegation of part 71 permitting
at the time of the last ICR renewal, none had done so, so that renewal
identified EPA as the only permitting authority. This ICR identifies EPA
and one delegate agency, the Navaho Nation, as permitting authorities
because, since the last ICR renewal, EPA entered into a delegation
agreement with the Navaho Nation for them to assume responsibility for
14 existing part 71 sources located within the exterior boundaries of
their delegated program area in Indian country -- EPA will continue to
act as the permitting authority for the remaining 160 part 71 sources
included in this renewal. Also related to the delegation agreement with
the Navaho Nation, EPA will perform some program oversight activities
(similar to the oversight EPA performs for states with approved part 70
programs), which will be tracked separately in this ICR. It is possible
that additional Indian tribes may seek delegation for part 71 in the
future but it is unlikely that any new delegation agreements would be
approved and effective before this new renewal ICR is scheduled to
expire.

In the 2007 renewal, EPA estimated its annualized burden at 12 thousand
hours, while this update predicts about 15 thousand hours annually,
divided between EPA and the delegate agency. This increase in permitting
authority burden is due to the same reasons as sources:  an increase in
the number of sources expected to be permitted, which is primarily due
to an increase in the estimate of the number of offshore oil and gas
exploration sources and alternate energy projects (under OCS rules) and
offshore liquefied natural gas (LNG) terminals (under DWPA rules). This
translates into an increase in permitting authority burden of about 32
percent compared to the 2007 ICR renewal.

 

Since the 2007 renewal, EPA promulgated two new regulatory revisions
that apply to both part 70 and part 71: the Flexible Air Permits Rule
and the GHG Tailoring rule. OMB has previously approved ICR changes
related to these rules under EPA tracking numbers 1587.10, 1703.09 and
EPA tracking # 1587.11 and these changes are updated as part of this
analysis. The first rule resulted in a net reduction in burden for a
large number of existing sources, while the second resulted in an
increase in burden for a modest number of newly subject sources and
small increases in burden for a large number of existing sources. In
this analysis these two rule changes have resulted in nearly offsetting
decreases and increases in burden compared to the baseline analysis (the
term baseline analysis used here refers to the analysis performed for
the 2007 ICR renewal, which did not account for the Flexible Air Permits
and GHG Tailoring rules). For this ICR renewal, we first calculate
burden by updating the analysis performed for the 2007 ICR renewal, then
we account for the recently OMB-approved changes related to the Flexible
Permits and Tailoring rules just prior to calculating the bottom line
burden and costs for this renewal ICR. In the way, it is easier for the
reader to see the relative changes in burden from the 2007 baseline and
changes attributable to the two recent rule revisions.

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…….…………………...15

6.	Estimating the Burden and Cost of the Collection…...17

Attachment 1 

The Statutory Requirements for Respondent Information 	31

	Attachment 2 

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

		

This analysis is titled: “Draft Supporting Statement for the Part 71
Federal Operating Permit Program” It fulfills the Agency's
requirements under the Paperwork Reduction Act (PRA) to determine,
report, and periodically update the regulatory burden associated with
the 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 # 1713.10 and OMB tracking number 2060-0336.

The part 71 program is a Federal operating permit 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, offshore
areas where the OCS and DWPA regulations apply, where there is a
deficient State or local (part 70) permit program, and where EPA has
objected to a particular part 70 permit and taken over permitting
because the state 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 130 sources in Indian
country with permits at the beginning of the ICR period and we expect to
permit an additional 6 such sources by the end of this ICR period (April
2015). This is an increase from the last ICR renewal, due to an increase
in the estimate of the number of major sources expected in Indian
country. 

EPA is the permitting authority for sources located beyond 25 miles (40
km) of the States’ seaward boundaries under the Outer Continental
Shelf Lands Act (OCS sources), and the provisions of part 71 apply to
the permitting of those sources, as well. Using data from the Department
of the Interior, Bureau of Ocean Energy Management, EPA estimates that
there are currently 6 OCS sources with part 71 permits and as many as 9
additional OCS sources that may seek part 71 permits during the period
of this ICR renewal. Our estimates of the number of OCS sources has
changed through the years but there has been increasing interest in
developing offshore oil and gas and alternative energy resources and
because of this better information has recently become available. Thus,
this is a change from the last ICR update, where EPA assumed there might
be up to 3 OCS sources.

Deepwater Port sources (DWPA 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 (offshore LNG
terminals) and alternative energy projects. An offshore source may be
either an OCS or a DWPA source – it may not be both.  Because DWPA
sources are required 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 DWPA]. Note that the
previous ICR estimated 1 DPA source and 3 seeking permits for a total of
4 such sources. Using updated data from the U.S. Coast Guard, Deepwater
Ports Standards Division, EPA estimates we have issued 6 permits to such
sources by the beginning of the ICR period and that we will issue as
many as 10 additional part 71 permits to such sources by the end of this
ICR renewal, bringing the total included in this analysis up to 16.

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. There are currently no NODs in place at this time and
due to the maturity of the part 70 programs we believe it is unlikely
EPA will take over all additional part 70 permits in this manner during
the period of this ICR.

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
Permit Program will have over the next three years. 

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

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

For any existing rule, § 3507(g) of the PRA limits the length of time
for which the Director may approve a collection of information to 3
years.  

On September 12, 2007, OMB approved the ICR renewal for part 71 (OMB
number 2060-0336, EPA tracking # 1713.06) for 36 months (it was
scheduled to expire on September 30, 2010). On April 22, 2009, OMB
approved a revision to the previously approved collection related to the
final rule for Flexible Air Permits (EPA tracking # 1713.09) and as part
of that approval OMB extended the expiration date of the ICR to April
30, 2012. This ICR is a renewal of the September 2007 ICR.  

Except for information collection in notices of proposed rules or those
exempted under the emergency processing provisions of 44 U.S.C.
§ 3507(j), the PRA requires EPA to solicit comment on each proposed
information collection, including the renewal or modification of any
existing ICR. 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
permits that are updated on a semiannual by basis by each of EPA’s ten
Regional Offices. It is these EPA Regional Offices where the part 71
permitting activities are carried out by EPA. The actual rates of permit
issuance and permit renewal are reported by the Regional Offices into an
EPA database every six months. The 3 or 4 years of data in this database
was reviewed for purposes of estimating existing sources and permits and
the backlog of initial and renewal permits.

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 resulted in a minor change in assumptions we incorporated
into the 2007 ICR and we include these assumption in this ICR renewal.  

The second activity was 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 were made to burden estimates for
certain activities performed by EPA when it is the permitting authority
under title V. Also, consistent with NACAA’s concerns, changes were
made to the 2007 ICR and these changes are also carried forward in this
ICR renewal.

 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 located
where EPA is the permitting authority [e.g., in Indian country, offshore
(OCS and Deepwater Ports sources), and where there are unresolved EPA
objections to part 70 permits].  For the purposes of this ICR, the
Agency identified the following existing part 71 sources: 130 in Indian
country, 6  OCS sources, 6 DWPA sources, and 1 source due to unresolved
objection of a part 70 permit. There may also be by the end of the
period covered by this ICR up to an additional 6 permits issued due to
economic growth in Indian Country, up to 9 additional OCS sources and up
to 10 additional DWPA sources subject to permitting under part 71. EPA
assumes there is one source subject to part 71 because of an EPA
objection to part 70 permits (assuming the State will not adequately
resolve the objection). The Regulatory Impact Assessment (RIA) for the
GHG Tailoring rule estimated there would be up to 552 new sources
nationally due solely to emissions of GHG, and for purposes of this ICR
renewal, we estimate there will be up to 6 new GHG sources subject to
part 71. Thus, this analysis includes a total of 143 sources currently
with part 71 permits and an increase of 31 new sources over the ICR
period for a permitted total of 174 sources by the end of the ICR period
(April 2015).

For this update, EPA is not assuming that we will take over any entire
State permitting programs due to findings of program deficiencies.  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, the submittals above are only necessary for the small
fraction of permit handled by the one delegate agency (14 permits).  The
majority of permits will be issued, implemented, and enforced by the EPA
as permitting authority (160 permits).

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 is the permitting authority, sources submit these data
directly to the EPA, when there is a delegate agency, these data will be
submitted directly to the delegate agency. Attachment 1 includes these
statutory requirements for reference purposes. 



5.1	Collection Methodology and Management

For the part 71 program, when EPA is the permitting authority, EPA will
receive data from sources in much the same manner as that established
for sources reporting to State and local agencies under part 70. 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. When a delegate agency is the
permitting authority, the delegate agency will receive copies of these
documents.

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 increase of burden due to a change in EPA
estimate concerning the number of permits expected to be issued, which
better reflects actual implementation experience, rather than any new
information collection requirements, thus 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 Sources 

	OCS Sources	DWPA Sources	Due to EPA Objection	GHG Tailoring Sources

May 1, 2012 	130	6	6	1	0

April 30, 2013	2	3	3	0	2

April 30, 2014	2	3	3	0	2

April 30, 2015	2	3	4	0	2

Total	136	15	16	1	6



During three years of this ICR, the Agency will manage 136 sources in
Indian country, up to 15 OCS sources, up to 16 Deepwater Port sources,
up to 1 permit issued because of EPA objection to a part 70 permit and
up to 6 GHG Tailoring sources.

The EPA has issued 105 part 71 permits to the 143 sources that will be
subject to EPA permitting by May 1, 2012. Thus, at the beginning of this
ICR, there will be a backlog of 38 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 13 each in years 2 and 3.

As shown in Table 1, EPA projects that 31 new sources will become
subject to EPA permitting during the course of this ICR (6 new Indian
country sources, 9 OCS sources, 10 DWPA sources, and 6 due to the GHG
Tailoring rule). 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 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 15 backlogged permit renewals by May 1,
2012 when this ICR begins. In addition, we estimate that another
63 part 71 permits will be nearing expiration and have to be renewed
during the period of this ICR. The Agency projects that these 78 permit
renewals will be issued in equal numbers each year (i.e., 26 renewals
per year).

Description of Part 71 Permitting Activities

The following describes the information collection activities required
of sources, permitting authorities (whether EPA or a delegate agency)
and EPA when overseeing a delegate agency. 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 (Whether EPA or a delegate agency) 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

EPA OVERSIGHT ACTIVITIES

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

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

Consult with the delegate agency on any problems detected in the
proposed permit or permit revision including interaction related to fact
finding on permit petitions.

, and review changes to delegated programs.

The following tables show the burden estimates for each activity
described above. These burden estimates are all taken from the approved
ICR for the part 70 program. Table 2 displays the expected source burden
for when either EPA or a delegate agency 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 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



Table 3 displays the expected burden for all of the specific tasks
necessary for any permitting authority (EPA or delegate agency) and
table 4 for EPA oversight of delegate programs.   

TABLE 3

PERMITTING AUTHORITY BURDEN BY ACTIVITY

ACTIVITY	PART 71 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 

5 hrs / permit 



TABLE 4

EPA  ACTIVITIES (OVERSIGHT OF DELEGATE AGENCY)

ACTIVITIES	BURDEN HOURS PER PERMIT / PROGRAM

Review Proposed Permits*

   New Permits

   Significant Permit Modifications

   Minor Permit Modifications	

20 / permit

 8 / revision

 1 / revision

Consultation

   New Permits (25%)

   Significant Permit Modifications (25%)

   Minor Permit Modifications (25%)	

 8 / permit

 8 / permit

 1 / permit

Program Oversight	50 / program / year

Review the Annual Enforcement Activity Reports	10 / report

* Includes the burden for review of periodic monitoring

	

Historically, the Agency had assumed 70% of all source burden categories
would be performed in-house, with the remaining 30% delegated to
contractors. However, this renewal incorporates the previous ICR
re-assessment 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 the 2007 ICR renewal, the Agency was unable to duplicate the
methodology used in 2000 and 2004 because the Bureau of the Census has
changed the data reported in the Statistical Abstract of the United
States. Instead, EPA updated the hourly cost for in-house labor by
adjusting the 2004 value (in 2003 dollars) to 2006 dollars using the ECI
for white-collar workers in private industry. Then in the change
justification for the GHG Tailoring rule, we adjusted the wage rates
based on an index for December 2007 relative to December 2006 for
private industry workers, management, professional, and related workers,
as contained in the U.S. Department of Labor, Bureau of Labor
Statistics, Employment Cost Index Historical Listing: Current Dollar
March 2001-March 2009. This calculation resulted in an hourly cost of
$39 for in-house labor for sources as detailed below in Table 5.

TABLE 5

 

 

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

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

       

.



For contracted labor, operating permit management and reporting require
the same skills employed by the EPA's consultants.  For the 2000 ICR, as
an estimation of a source's consulting costs, the Agency averaged the
fully loaded cost of three environmental contractors at the PL 2
(secretarial support), PL 3 (technical), and PL 4 (administration)
levels, applying the methodology employed below in Table 6 for
establishing a Federal and PA FTE wage rate.  he fully loaded hourly
cost calculated at that time for Industry-hired consultants is $268
(1999 dollars).  Therefore, the hourly rate for preparing the initial
permit application was set at $111 for the 2000 ICR (1/3 of $268 plus
2/3 of $32).  All other source tasks were estimated using the in-house
hourly cost of $32 per hour. 

Because of the confidential nature of the values used to estimate
contractor hourly costs, the exact methodology was not documented in the
2000 ICR. As a result, for the 2004 ICR renewal EPA used the ECI to
update the hourly cost for preparing initial permit applications,
calculating a value of $131 per hour. For the 2007 ICR renewal, EPA used
the same approach. The Agency used the methodology detailed above in
Table 5, except that we started with the value in 1999 dollars ($111 per
hour) and used the ECI for 1999 (146.9) in place of the ECI for 2003.
This resulted in an hourly cost for preparing an initial permit
application of $143. All other source tasks are estimated at the
in-house hourly cost of $38 per hour, as discussed above. In December
2010 for purposes of calculating the wage rates for purposes of the ICR
change justification for the GHG tailoring rule, EPA calculated the wage
rates for in-house and contractor wages as shown in Table 5, which
resulted in an in-house wage rate of $39/hour and a contractor rate of
$148/hour. We use these wage rate assumptions in this analysis.

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 delegate permitting authority burden at $46 per hour. Table
6 displays the calculation of this rate.

TABLE 6

DETERMINATION OF FEDERAL AND PERMITTING AUTHORITY BURDEN COSTS

Annual Salary of Permit Staff, GS 11 Step 3 (FY 07 Schedule)*           
                   $50,106.00

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

     Factor (1/11)                                                      
                                           0.09

                                                                        
                                                            $6,427.35

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

     Factor (1/8)                                                       
                                            0.13

                                                                        
                                                            $4,331.86

Annual Applicable Salary of Permit Staff                                
                                  $60,865.21

Benefits (at 16%)                                                       
                                                 $9,738.43

  

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

General Overhead                                                        
                                            $18,511.67

Total Cost Per FTE                                                      
                                              $95,301.83

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

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

Table 7 lists the burden categories, expected number of occurrences for
each, and the associated burden and costs for sources when EPA or a
delegate agency is the permitting authority. The quantities in the
“affected permits” column are from direct assessments of the 174
permits expected  to be administered during the period covered by this
ICR (143 Indian country sources, 15 OCS sources, 16 DWPA sources, 1 due
to EPA objection, and 6 due to the GHG Tailoring rule). Each activity in
Table 7 is based on the burden estimates from Table 2. Tables 7 and 8
contain the baseline analysis (does not account for OMB-approved changes
due to the Flexible Air Permits and GHG Tailoring rules).  The
assumptions in these tables are based on the assumptions detailed in the
attachments to the ICR renewal for the part 70 state operating permit
programs.

TABLE 7

3-YEAR BURDEN AND COST OF SOURCES

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

THREE-YEAR

BURDEN (HOURS)	TOTAL THREE-YEAR COSTS ($2007)

Initial Permit Application	300	$148	31	                        9,300 
1,329,900 

Draft Permit Interaction 	40	$39	69	2,760	104,880

Gap Filling Monitoring Development (50% of permits)	40	$39	35	          
              1,380 	52,440

Public Hearing Participation (2% of permits)	10	$39	1	14	524

Operate Gap Filling Monitoring (50% of permits)	200	$39	year 1       53
35

year 2       64	35

year 3       75	35

       	year 1    10,600	7,000

year 2    12,800	7,000

year 3    15,000	       7,000

              38,400	21,000	402,800

486,400

570,000

1,459,200

Prepare Monitoring Reports and Compliance Certifications (all permits)
80	$39	year 1       105	105

year 2       127	105

year 3       150	105	year 1      8,400	8,400

year 2     10,160	8,400

year 3     12,000	8,400

               30,560	25,200	319,200

386,080

456,000

1,161,280

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	$39	

year 1       11	10

year 2       13	10

year 3       15	10

                 39

year 1       53	53

year 2       64	53

year 3       75	53

               192

year 1       53	53

year 2       64	53

year 3       75

               192	53	

year 1         880	800

year 2      1,040	800

year 3      1,200	800

                3,120	2,400

year 1      2,120	2,120

year 2      2,560	2,120

year 3      3,000	2,120

                7,680	6,360

year 1         424	424

year 2         512	424

year 3         600	424

                1,536	1,272

                9,184	10,032	

33,440

39,520

45,600

118,560

80,560

97,280

114,000

291,840

16,112

19,456

22,800

58,368

Renewal Permit Application	200	$39	78	              15,600	 15,000
592,800 

Other Renewal Activities	20	$39	78	                1,560	1,000	59,280

TOTALS	     111,910	         5,229,072

  

 Table 8 lists the burden categories for permitting authorities (EPA and
delegate agency), the expected number of permits involved, and the
expected cost for each category, based on the burden estimations from
Table 3. Since the burden per activity assumptions and wage rates are
the same for EPA and delegate agencies we will show all sources in this
table and later we will pro rate the total to show the burden for each
permitting authority.



TABLE 8

3-YEAR BURDEN AND COST OF PERMITTING AUTHORITIES

ACTIVITY	Burden Hours per Permit**	Affected Permits or Programs	Total
3-Year Burden (Hours)	Total 3-Year Cost ($2007)*

Program Administration	3,500 per year	1	10,500	$483,000

Permit Application Review	100	31	3,100	$142,600

Draft Permit Preparation	150	69	10,350	$476,100

Comment Period Notification	10	69	690	$31,740

Public Hearing  (by Hearing) (2% of permits)	100	1	100	$4,600

Analyzing Public Comments (2% of permits)	40	1	40	$1,840

Permit Issuance	8	69	552	$25,392

Permit Revisions

   Significant (10% of permits)	

90	

39	

3,510	

$161,460

   Minor (50% of permits)

                                                                        
               	30	192	5,760	$264,960

   Administrative (50% f permits)

                                                 

   Revision Subtotal	5

	192

	960

10,230	$44,160

$470,580

Permit Renewals	90	78	7,020	$322,920

Review Monitoring / Compliance 

Reports

  Year 1 

  Year 2 

  Year 3	

15

15

15	

105

127

150	

1,575

1,905

2,250

5,730	

$72,450

$87,630

$103,500

$263,580

Totals

	48,312	$2,222,352

*   The wage rate applied was $46 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)

Concerning EPA oversight of the delegate agency, past experience with
part 70 suggests that this function averages about 2 hours per source
per year on an aggregate basis. In the case of this delegate agency, all
of these permits were previously issued by EPA prior to the approval of
the delegation agreement and the delegation agreement does not provide
for any new permits to be issued by the Nation. Thus EPA believes the
assumption of 2 hours per source will be appropriate due to the reduced
scope of the programs and the small number of permits involved. As a
result, EPA’s baseline estimate of the burden to oversee the delegate
agency will be approximately 84 hours for 3 years or 28 hours per year
and the costs about $3.9 thousand and $1.3 thousand, respectively.

6.4.3 Accounting for OMB-Approved ICR Changes since the Last Renewal

Since the approval of the 2007 ICR renewal, EPA has promulgated several
rules which have affected the burden and cost of title V permitting, the
Flexible Air Permits and the GHG Tailoring rule. The Office of
Management and Budget (OMB) has approved ICR change requests for both of
these rules, EPA tracking numbers 1703.09 and 1587.11, respectively;
however, this is the first ICR renewal that will addresses the two
regulatory changes at the same time and update them for their current
stage of implementation.

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

  

Tables 7 and 8 show the baseline burden of issuing and implementing FAP
permits, while tables 9-11 show the incremental burden compared to the
baseline attributable to these permits. There are burden increases for
issuing new Tier 2 permits and burden decreases for avoided
modifications for all Tier 1 and 2 permits expected by the end of the
ICR period. The burden for EPA oversight is related to reviewing and
consulting with the delegate agency on modifications that occur solely
due to GHG (usually related to combustion sources).

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

Table 9, 10, and 11 lists the burden categories, the number of estimated
occurrences, and the expected costs, based on the burden estimations
made in the previous OMB-approved ICR change worksheet for the Flexible
Air Permits rule. Our assumptions for the mix of activities expected to
occur under this rule has changed compared to the change worksheet due
to the normal evolution of the program. Also, the number of affected
permits has changed because of different estimates of the number of
existing part 71 permits over the period. 

TABLE 9

3-YEAR INCREMENTAL BURDEN AND COST OF THE FAP RULE FOR SOURCE ACTIVITIES

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

(Hours)	TOTAL COST (2007)

Tier 1 – 5 MPM Avoided per year	-40	$39	5	-3,150	-$122,850

Tier 1 - 1 SPM Avoided every 5 years	-80	$39	5	-240	-$9,360

Tier 2 – New Permit	60	$148	7	420	$62,160

Tier 2 – 1 MPM Avoided per year	-40	$39	11	-1,320	-$51,480

TOTAL



-4,290	-$121,530



TABLE 10

3-YEAR INCREMENTAL BURDEN AND COST OF THE FAP RULE FOR PERMITTING
AUTHORITY ACTIVITIES

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

(Hours)	TOTAL COST (2007)

Tier 1 – 5 MPM Avoided per year	-30	$46	5	-2,363	-$108,675

Tier 1 -  1 SPM Avoided every 5 years	-90	$46	5	-270	-$12,420

Tier 2 – New FAP Permit issued	45	$46	7	315	$14,490

Tier 2 – 1 MPM Avoided per year	-30	$46	11	-990	-$45,540

TOTAL



-3,308	-$152,145



TABLE 11

 3-YEAR INCREMENTAL BURDEN AND COST OF THE FAP RULE FOR EPA OVERSIGHT
ACTIVITIES

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

(Hours)	TOTAL COST (2007)

Tier 1 – 5 MPM Avoided per year	-1	$46	1	-21	-$966

Tier 1 - 1 SPM Avoided every 5 years	-8	$46	1	-8	-$368

Tier 2 – New Permit	8	$46	0	0	$0

Tier 2 – 1 MPM Avoided per year	-1	$46	3	-8	-$386

TOTAL



-37	-$1,720



The GHG Tailoring Rule, also promulgated during the term of the last
ICR, “tailors” the requirements of the Clean Air Act to limit the
number of facilities that would otherwise be required to obtain title V
permits solely due to their emissions of Greenhouse Gases (GHG). Prior
to the Tailoring Rule there were no requirements for sources to consider
GHG emissions in their title V permit applications or permits and there
were no applicable requirements related to GHG to put into title V
permits. We are currently in Step 2 of the implementation schedule of
the Tailoring Rule and EPA assumes that there are about 552 GHG sources
subject to Title V during this step and that all of these sources will
be issued single source permits (non-general permits). For part 71, we
estimate there will be up to 6 new sources subject solely due to GHG
emissions.

The baseline burden of permitting GHG sources is shown in tables 7, 8
and 9, while tables 12-14 show the incremental burden compared to the
baseline for addressing GHG emissions in permits. The incremental GHG
burden is shown in Tables 12, 13 and 14 below. Note that EPA assumes the
burden for issuing new GHG permits is the same as non-GHG permits, so
there is no incremental burden for new permit issuance included in the
tables below. 

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

  

Tables 13, 14 and 15 lists the burden categories, the number of
estimated occurrences for each item, and the expected costs for each,
based on the burden estimations made in the previous OMB-approved ICR
change worksheet for the GHG Tailoring rule. Compared to the change
worksheet for this rule, these tables have be updated to reflect new
estimates of existing permits and the mix of activities expected to
occur due to the expected evolution of the program.

TABLE 12

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

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

(Hours)	TOTAL COST (2007)

Prepare Application (add GHG to non-GHG permit)	34	$148	34	1,156
$171,088

Modification due to GHG 	43	$39	30	1,290	$50,310

Modification to address GHG to non-GHG permit	4	$39	231	  924	$36,036

Address GHG at Renewal 	20	$39	62	1,248	$48,672

TOTAL



4,618	$306,106



TABLE 13

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

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

(Hours)	TOTAL COST (2007)

Prepare Application (add GHG to non-GHG permit)	43	$46	34	1,462	$67,252

Modification due to GHG 	40	$46	30	1,200	$55,200

Modification to address GHG in non-GHG permit	4	$46	231	924	$42,504

Address GHG at Renewal	9	$46	62	562	$25,834

TOTAL



305,937	$190,790



TABLE 14

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

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

(Hours)	TOTAL COST (2007)

Review Modification due to GHG	8	$46	2	16	$736

Consult on Modification due to GHG	8	$46	1	8	$368

TOTAL



24	$1,104



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 15 shows the calculation of the bottom line burden for the 3-year
period and table 16 shows the bottom line cost for the 3-year period,
accounting for OMB-approved changes related to the Flexible Air Permits
and GHG tailoring Rules (these changes were previously approved by OMB
subsequent to the 2007 ICR renewal). Table 17 shows the overall bottom
line burden and cost for this renewal ICR (incorporating the totals from
tables 15 and 16). Note that we separated the burden and cost for EPA
and the delegate agency as permitting authorities in these tables based
on the prorated share of permit each administers.  

TABLE 15

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

Respondent	Baseline	Flexible Air Permit	GHG Tailoring	TOTAL

Sources	111,910	-4,290	4,618	112,238

PA (Tribe)	          3,887	  -265	  332	3,954

Federal (PA)	44,425	-3,043	3,816	45,198

Federal (Oversight)	84	-37-	24	71

TOTAL	160,306	-7,635	8,790	161,461

 

TABLE 16

Respondent	Baseline	Flexible Air Permit	GHG Tailoring	TOTAL

Sources	$5,229,072	-$121,530	$306,106	$5,413,648

PA (Tribe)	$178,810	--$12,172	$15,263	$181,901

Federal (PA)	2,043,542	-$139,973	$175,526	2,079,095

Federal (Oversight)	$3,864	-$1,720	$1,104	$3,248

TOTAL	$7,455,288	-$275,395	$498,000	$7,677,893

CALCULATION OF BOTTOM LINE TOTAL (3-YEAR) COST ($2007)

TABLE 17

BOTTOM LINE BURDEN AND COST (2012-2015)

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

Sources	174	112,238	215	215	$5,413,648	$10,372	$10,372

PA (Tribe)	1	3,954	3,954	94	$181,901	$181,901	$4,331

Federal (PA)	1	45,198	45,198	94	$2,079,095	$2,079,095	$4,331

Federal (Oversight)	1	71	24	2	$3,248	$3,248	$77

Total

161,461	NA	NA	$7,677,892	NA	NA



On average, the Agency estimates the 3-year cost to sources under part
71 (174 sources) at about $5.4 million with burden hours totaling 112
thousand (37 thousand hours per year), or about 215 hours per year per
source over the three years of the 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 45 thousand hours, or around 94 hours per source per year. The
burden the one delegate permitting authority expects to incur is about 4
thousand hours or 94 hours per source. The 2007 ICR had no burden hours
identified for delegate agencies because there were no delegate agencies
approved at that time. Also, the last ICR renewal identified no burden
hours for EPA oversight because there were no delegate agencies for EPA
to oversee.

Also, the Flexible Air Permit rule and the GHG Tailoring rule resulted
in nearly offsetting decreases and increases, respectively, in burden
and cost.  Overall, there is a slight increase in burden for sources and
permitting authorities (EPA and delegate agency) due to the GHG
tailoring rule and a slight decrease for EPA in its role of overseeing
the delegate agency due to the Flexible Air Permits Rule.  

There are several reasons for the changes in burden in this ICR renewal
relative to the 2007 ICR renewal. The most significant reason causing an
increase in burden for sources and permitting authorities has been
updated estimates of the number of existing sources and permits due to
better data.  This data shows increased economic activity occurring in
areas under EPA jurisdiction, primarily due to oil and gas exploration,
LNG terminals and several alternative energy development projects. Also
affecting the burden estimates, but to a lesser extent, was an increase
in wage rates applied to the activities of sources and permitting
authorities.  

Table 18 compares the burden in the previous ICR with the burden in this
ICR. The approved burden level in the previous ICR was 27 thousand hours
per year for sources and 12 thousand burden hours per year for Federal
permitting, for a total of 40 thousand hours. This ICR estimates total
annual burden at 54 thousand hours with sources accounting for 37
thousand burden hours per year. Permitting by the delegate agency
accounts for about 1.3 thousand hours and permitting by EPA accounts for
about 15 thousand hours.  Also, federal oversight of the one delegate
agency accounts for about .024 thousand hours. The change in burden from
the previous ICR is primarily due to updated estimates of the number of
sources and permits, rather than any new Federal mandates (the FAP and
the GHG Tailoring rule were previously approved by OMB but this is the
first ICR renewal to address them at the same time and update them for
the current stage of implementation).

TABLE 18

BURDEN CHANGE (HOURS) FROM 2007 ICR TO CURRENT ICR

	Average Annual Burden

in 2007 ICR Renewal	Average Annual Burden

in ICR Renewal	Difference

Sources	27,218	37,413	10,195

PA (Tribe)	N/A	1,318	N/A

Federal (PA)	12,373	15,066	2,693

Federal (oversight)	N/A	24	N/A

TOTAL	39,591	53,820	14,229

								

During the 3-year period of this ICR there will be an increase in the
source burden compared to the previous ICR, primarily due to an increase
in economic activity in offshore areas, which the existing regulations
and approved ICR are designed to accommodate. These changes are not due
to any EPA actions to revise regulations or policy that have not been
previously approved by OMB. In the last ICR there were 123 sources
subject to administration by EPA, while this one assumes there will be
174 sources, of which 16 will be subject to delegate agency
administration and 160 subject to EPA administration.

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 19

BURDEN STATEMENT

	Number of

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

(hours)

Sources	174	37,413	215

PA (Tribe) 	1	1,318	94

Federal (PA)	1	15,066	94

Federal (Oversight)	1	24	2



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

Director, Collection Strategies Division

Office of Environmental Information 2822,

Environmental Protection Agency

1200 Pennsylvania Ave. NW, Washington, DC 20460

and to:

The Office of Information and Regulatory Affairs

Office of Management and Budget

725 17th Street, NW, Washington, DC 20503

Attention:  Desk Officer for EPA. 

Include the EPA ICR number (1713.10) 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" 

To be added after new notice available

 Certain oil and natural gas exploration and development sources, such
as drill ships and drilling platforms, and alternative energy projects
(e.g., wind and wave energy projects) located offshore under the Outer
Continental Shelf Lands Act, 43 U.S.C. § 1331 et seq.; 43 U.S.C § 1501
et seq.

 Certain oil and liquefied natural gas (LNG) terminals or ports located
offshore under the Deepwater Port Act, 33 U.S.C. § 1501 et seq.

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

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

 Information Collection Request for Changes to the Part 70 Operating
Permit Regulations, the Part 71 Operating Permits Regulations, and the
Parts 51 and 52 Prevention of Significant Deterioration Regulation and
Non-Attainment New Sources Review Regulations for Flexible Air Permits,
November 2008 (EPA tracking numbers 1587.10 and 1703.09).

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

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

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

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

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Executive Summary

CONCLUSION:  This ICR represents an INCREASE IN BURDEN FOR SOURCES,
relative to the prior ICR.

1	Identification of the Information Collection

1.1	Title

1.2	Description

EPA TRACKING NUMBER:

1713.10

OMB TRACKING NUMBER:

2060-0336

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

1.2.2	Federal Program as a Backstop for Deficient State Programs

1.2.3	Federal Program for Deficient State Permits

2	Need and Use of the Collection

2.1	Need / Authority for the Collection

2.2	Practical Utility / Users of the Data

2.3	Caveats and Considerations

3	Non-Duplication, Consultation, and Other Collection Criteria

3.1	Non-Duplication

3.2	Public Notice Requirements

3.3	Consultations

3.4	Effects of Less Frequent Collection

3.5	General Guidelines

3.6	Confidentiality

4	The Respondents and the Information Requested

4.1	Respondents

4.2.1	Required Data Items

4.2	Information Requested

5	The Information Collected – Collection Methodology and Information
Management

5.1	Collection Methodology and Management

5.2	Small Entity Flexibility

5.3	Collection Schedule

6	Estimating the Burden and Cost of the Collection

6.1	Estimating the Number of Respondents

There are 174 affected sources in this ICR:

136 Sources in Indian Country

15 Offshore Sources under the OCS

16 Offshore Sources under the DWPA

1 Source due to EPA Objections to Part 70 Permits

6 Sources due to the GHG Tailoring Rule

6.2	Estimating Burden

6.3.1	Estimating Source Costs

6.3 Estimating Wages

6.4	Estimating Costs for Permitting Authorities

6.4.1	Estimating Source Costs

6.4.2	Estimating Permitting Agency Costs

6.4.5	Capital and O&M Costs

6.4.6	Bottom Line Burden Hours and Cost

6.6	Burden Statement

6.3.2	Estimating PA and Agency Costs

