
[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Notices]
[Pages 3627-3628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1126]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2004-0065; FRL-9255-3]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Application Requirements for the 
Approval and Delegation of Federal Air Toxics Programs to State, 
Territorial, Local, and Tribal Agencies (Renewal), EPA ICR Number 
1643.07, OMB Control Number 2060-0264

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. The ICR which is abstracted below describes the 
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before February 22, 
2011.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OAR-2004-0065, to (1) EPA online using http://www.regulations.gov (our 
preferred method), or by e-mail to a-and-r-Docket@epa.gov, or by mail 
to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Air 
and Radiation Docket and Information Center, Mail Code 28221T, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB at: Office 
of Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Tina Ndoh, OAQPS/SPPD, D205-02, 
Environmental Protection Agency, RTP, NC 27711; telephone number: 919-
541-2750; fax number: 919-541-6500; e-mail address: 
ndoh.christina@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On October 20, 2010 (75 FR 64722), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID 
number EPA-HQ-OAR-2004-0065, which is available for public viewing 
online at http://www.regulations.gov, in person viewing at the Air and 
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 
3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket 
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Reading Room is (202) 566-1744, and the telephone number for the Air 
and Radiation Docket is (202) 566-1742.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at http://www.regulations.gov, as EPA 
receives them and without change, unless the comment contains 
copyrighted material, Confidential Business Information (CBI), or other 
information whose public disclosure is restricted by statute. For 
further information about the electronic docket, go to http://www.regulations.gov.
    Title: Application Requirements for the Approval and Delegation of 
Federal Air Toxics Programs to State, Territorial, Local, and Tribal 
Agencies (Renewal).
    ICR Numbers: EPA ICR Number 1643.07, OMB Control Number 2060-0264.
    ICR Status: This ICR is scheduled to expire on January 31, 2011. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
An Agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, and displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: This information collection is an application from State, 
territorial, local, or tribal agencies (S/L/Ts) for delegation of 
regulations developed under section 112 of the Clean Air Act (Act). The 
five options for delegation are straight delegation, rule adjustment, 
rule substitution, equivalency by permit, or state program approval. 
The information is needed and used to determine if the entity 
submitting an application has met the criteria established in the 
subpart E rule, codified as 40 CFR part 63, subpart E, in accordance 
with section 112(l) of the Act. This information is necessary and 
required for the Administrator to determine the acceptability of 
approving the S/L/T's rules, requirements or programs in lieu of the 
Federal section 112 rules or programs. Additionally, it is also 
necessary for the proper performance of our function, and will be used 
to ensure that the subpart E approval criteria have been met. The 
collection of information is authorized under 42 U.S.C. 7401-7671q.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 18 
hours per response. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements which have subsequently changed; 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.
    Respondents/Affected Entities: State, territorial, local, or tribal 
agencies.
    Estimated Number of Respondents: 119 S/L/Ts for maximum achievable 
control technology standards and 79 S/L/Ts for area source standards 
per year.

[[Page 3628]]

    Frequency of Response: Occasionally, one time per delegation 
request.
    Estimated Total Annual Hour Burden: 37,107 hours.
    Estimated Total Annual Cost: About $1,355,100. This includes an 
estimated labor burden cost of $1,352,000 and an estimated cost of 
$3,100 for operation and maintenance costs resulting from photocopying 
and postage expenses.
    Changes in the Estimates: There is a decrease of 25,737 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens.
    The change in burden results from: (1) A decrease in the number of 
S/L/Ts taking delegation, (2) an increase in the number of occurrences 
related to the number of National Emission Standards for Hazardous Air 
Pollutants (NESHAP) delegated, and (3) a change in the distribution of 
S/L/Ts using each option when delegating Maximum Achievable Control 
Technologies (MACTs). These changes are discussed below.
    The total number of occurrences increased from 399 to 5,119 for 
MACT standards partially due to the number of MACT standards being 
delegated increasing from 24 to 40. However, the number of delegations 
decreased from 124 to 119. The significant increase was largely due to 
a calculation error in determining the number of straight delegations 
in the previous ICR. The previous ICR estimated 12 occurrences of 
straight delegations during the clearance period while we calculated 
4,719 occurrences for the upcoming 3-year period. The total number of 
occurrences decreased for area source standards from 4,177 to 920 due 
to the number of area source standards decreasing from 40 to 11 and 
number of delegations dropping from 99 to 79.
    Second, based on the experience the EPA's Regional Air Toxics 
Coordinators have had with the subpart E program, S/L/Ts' use of the 
various delegation options has changed for MACTs. Straight Delegation 
is still the primary delegation mechanism and has significantly 
increased in frequency since the previous ICR. However, we found that 
S/L/Ts are using the Rule Adjustment Option and the Rule Substitution 
Option with greater frequency than previously assumed. Generally, 
sources do not use the State Program Approval Option.
    Overall, the respondent hour burden has decreased. While there is 
an overall increase in the amount of occurrences, the overall burden 
decreases by 41 percent due to the significant increase in use of the 
straight delegation option which requires less hours than the other 
options.
    While mailing costs have increased, we are requesting a decrease in 
the reporting and recordkeeping cost burden due to an error in the 
postal costs reported in the previous ICR. Some of the EPA mailing 
costs were incorrectly included in the sums for respondent costs, thus 
decreasing the overall costs.

    Dated: January 12, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-1126 Filed 1-19-11; 8:45 am]
BILLING CODE 6560-50-P


