INFORMATION COLLECTION REQUEST

FOR 

PREVENTION OF SIGNIFICANT DETERIORATION

AND NONATTAINMENT NEW SOURCE REVIEW

(40 CFR PART 51 AND 52)

by

Carrie Wheeler

Operating Permits Group (C504-03)

Air Quality Policy Division

Office of Air Quality Planning and Standards

Office of Air and Radiation

United States Environmental Protection Agency

RTP, North Carolina 27711

INFORMATION COLLECTION REQUEST

FOR 

PREVENTION OF SIGNIFICANT DETERIORATION

AND NONATTAINMENT NEW SOURCE REVIEW

(40 CFR PART 51 AND 52)

TABLE OF CONTENTS

Page

1.     IDENTIFICATION OF THE INFORMATION COLLECTION				1	    

        1(a)     TITLE OF THE INFORMATION COLLECTION REQUEST (ICR)			1	 

        1(b)     ABSTRACT/EXECUTIVE SUMMARY 						1 

        1(c)     PAPERWORK REDUCTION ACT REQUIREMENTS  				2

2.     NEED FOR AND USE OF THE COLLECTION  						2

        2(a)     NEED/AUTHORITY FOR THE COLLECTION  					2

        2(b)     PRACTICAL UTILITY/USERS OF THE DATA  					3

	

3.     NONDUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA 	4

        3(a)     NONDUPLICATION  								4

        3(b)     PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB	
4

        3(c)     CONSULTATIONS								4

        3(d)     EFFECTS OF LESS FREQUENT COLLECTION					5

        3(e)     GENRAL GUIDELINES								5

        3(f)     CONFIDENTIALITY								6

        3(g)     SENSITIVE QUESTIONS								6

4.     THE RESPONDENTS AND THE INFORMATION REQUESTED				6

        4(a)     RESPONDENTS/STANDARD INDUSTRIAL CLASSIFICATION (SIC)   
	6

       CODES

        4(b)     INFORMATION REQUESTED							7

                   4(b)(1)  DATA ITEMS, INCLUDING RECORD KEEPING 				7

                                 REQUIREMENTS

                   4(b)(2)   RESPONDENT ACTIVITIES						8

5.     THE IFNORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION   		8

        METHODOLOGY, AND INFORMATION MANAGEMENT

        5(a)     STATE AND LOCAL AGENCY ACTIVITIES					8

        5(b)     COLLECTION METHODOLOGY AND MANAGEMENT				8

        5(c)     SMALL ENTITY FLEXIBILITY                   					9

                    5(c)(1)  MEASURES TO AVERT IMPACTS ON SMALL ENTITIES
	9

                    5(c)(2)  MEASURES TO MITIGATE IMPACTS ON SMALL
ENTITIES		10

        5(d)     COLLECTION SCHEDULE							10

6.     ESTIMATING THE BURDEN AND COST OF THE COLLECTION			10

        6(a)     ESTIMATING RESPONDENT BURDEN						10

        6(b)     ESTIMATING RESPONDENT COSTS						11

                   6(b)(i)  ESTIMATING LABOR COSTS						11

       6(b)(ii) ESTIMATING CAPITAL AND OPERATIONS AND                	
12

                   MAINTENANCE  COSTS

       6(b)(iii)CAPITAL/START-UP OPERATING AND MAINTENANCE 		13

                   (O&M) COST

                   6(b)(iv)ANNUALIZING CAPITAL COSTS						13

        6(c)     ESTIMATING AGENCY BURDEN AND COST					13

        6(d)     ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL   			14   
                                  

                    BURDEN AND COSTS

        6(e)     BOTTOM LINE BURDEN HOURS AND COSTS TABLES				15

                   6(e)(i)  RESPONDENT TALLY							15

                   6(e)(ii) THE AGENCY TALLY							15

        6(f)     REASONS FOR CHANGE IN BURDEN						15

        6(g)     BURDEN STATEMENT								16

Appendix A:  INFORMATION REQUIREMENTS						21

LIST OF TABLES

Page

4-1	Primary NSR Respondents by SIC Code						7

6-1	Industry Respondent Burden and Costs						17

6-2	State and Local Agency Burden and costs						18

6-3	Agency Burden and Costs								19

6-4	NSR Program Information Collection Burden Summary				20

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	TITLE OF THE INFORMATION COLLECTION REQUST (ICR)

  SEQ CHAPTER \h \r 1 This report is entitled Prevention of Significant
Deterioration and Nonattainment New Source Review, EPA ICR number
1230.23, OMB control number 2060-0003.

1(b)	ABSTRACT/EXECUTIVE SUMMARY

  SEQ CHAPTER \h \r 1 The analyses in this document have been performed
in support of a renewal of the New Source Review (NSR) Program
Information Collection Request (ICR) (Office of Management and Budget
(OMB) Control Number 2060-0003; EPA Number 1230.23).  The regulations
covered under this ICR are contained in parts 51 and 52 of Title 40 of
the Code of Federal Regulations (CFR).  These requirements govern the
State and Federal programs for preconstruction review and permitting of
major new and modified sources pursuant to Part C “Prevention of
Significant Deterioration” (PSD) and Part D “Program Requirements
for Nonattainment Areas” of the Clean Air Act (CAA).  The types of
information collection activities addressed in this ICR are those
necessary for the preparation and submittal of construction permit
applications and the issuance of final permits.  Specific
burden-producing activities are listed in Appendix A.  The
administrative, reporting, and record keeping burden for industry
respondents (permit applicants), State and local implementing agencies
and the Environmental Protection Agency are summarized in Table 6-4.

  SEQ CHAPTER \h \r 1 The NSR Program ICR was last renewed in November,
2004.  Since this renewal of this ICR, the estimated number of
respondents has increased by 51 as a result of the decision by the U.S.
Court of Appeals for the D.C. Circuit to vacate the Clean Units and
Pollution Control Project Exclusion provisions of the NSR Program. See
New York v. EPA, 413 F. 3d 3 (D.C. cir. 2005).  

The EPA is proceeding with implementation of the PM2.5 NSR program and
these changes were addressed in a revised ICR completed in May, 2008.
For sources that must obtain major NSR permits, the change in burden
increased 38,875 hours. For the reviewing authorities, the increase in
burden is 16,107 hours. Relative to the entire currently approved 2004
NSR Program ICR, this represents about a one percent increase in average
annual burden.

  SEQ CHAPTER \h \r 1 The 2007 renewal ICR for the NSR programs
estimated the burden at approximately $487 million per year for 150,821
respondents.  The change (net increase) in burden estimate is partially
due to use of current labor rates for the respondents and EPA
(“Agency”) as well as an increase in respondents subject to NSR
after the Clean Units and Pollution Control Project Exclusion provisions
were vacated. Consequently the estimated burden for the program is about
3.5 million hours to industry with a cost of $302 million and about 2.4
million hours to permitting agencies with a cost of $185 million, for a
total respondent cost of $487 million per year.  The costs are based on
an annual average of 282 Part C major NSR permit applications
(industrial respondents), 519 Part D major NSR permit applications, and
74,591 minor NSR actions.  The Agency expects its costs will be $785,000
per year.  The hourly labor costs for respondents were re-estimated as
described in section (6)(b) to account for increases in the labor rates
from 2004 to 2007.

									

Table 6-1 identifies the changes in hourly rates and total hours to
estimate industry’s cost per source for each type of permit.  The
estimated total cost to industry is approximately $302 million.  On a
per source (response) basis, these costs are approximately $125,000 for
each Part C permit,  $62,600 for each Part D permit, and $3,100 for
each minor NSR permit.  The Part C per permit cost includes a direct
cost of $11.4 million for 34 permit applicants who must conduct
preconstruction air quality monitoring.								

1(c)	PAPERWORK REDUCTION ACT REQUIREMENTS

  SEQ CHAPTER \h \r 1 For any existing rule, § 3507(g) of the Paperwork
Reduction Act (PRA) limits the amount of time that a Director may
approve a collection of information to three years.  Consequently, the
annual burden estimates are calculated for the three-year period
beginning May, 2008 and ending May, 2011. 

	Except for information collections 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 comments on each proposed
information collection, including the renewal or modification of any
existing ICR.  This ICR renewal and its supporting statement were
publicly noticed in the Federal Register to solicit comments on the
data, analyses, and conclusions. Revisions to this supporting statement
are complete and the ICR will be submitted to OMB for approval.

	The information that this ICR covers is required for the submittal of a
complete permit application for the construction or modification of all
major new stationary sources of pollutants in attainment and
nonattainment areas, as well as for applicable minor stationary sources
of pollutants.  EPA certifies that the information collection is
necessary for the proper performance of  EPA’s functions, and that it
has practical utility; is not unnecessarily duplicative of information
EPA otherwise can reasonably access; and reduces, to the extent
practicable and appropriate, the burden on persons providing the
information to or for EPA.

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	NEED/AUTHORITY FOR THE COLLECTION

  SEQ CHAPTER \h \r 1 Section 110 of the Clean Air Act (CAA) requires
all States to submit an implementation plan which contains a
preconstruction review program for all major new or modified stationary
sources, including any provisions necessary for this program to meet the
specific requirements of Parts C and D of Title I of the CAA related to
major construction.  Section 110(a)(2)(C) of the CAA requires that no
new or modified stationary source, in conjunction with existing source
emissions in the same area, can interfere with the attainment or
maintenance of the National Ambient Air Quality Standards (NAAQS).  It
further requires that no source can construct without securing a permit
to ensure that the objectives of Parts C and D of the CAA are met.  

  SEQ CHAPTER \h \r 1 Part C of Title I of the CAA outlines specific
construction requirements for new and modified sources constructing in
areas that do not violate the NAAQS.  These requirements are more
commonly referred to as the prevention of significant deterioration
(PSD) rules, which  require a prospective major new or modified source
to: (1) demonstrate that the NAAQS and increments will not be exceeded,
(2) ensure the application of best available control technology (BACT),
and (3) protect Federal Class I areas from adverse impacts, including
adverse impacts on air quality related values (AQRVs). 

	Similarly, Part D of Title I of the CAA specifies requirements for
major new and modified sources constructing in areas designated as
nonattainment for a NAAQS pursuant to Section 107 of the CAA.  The Part
D provisions also apply to major source permitting in the Northeast
Ozone Transport Region as established under Section 184 of the CAA.  The
Part D rules generally require a prospective major construction project
to: (1) ensure the application of controls which will achieve the lowest
achievable emission rate (LAER), (2) certify that all major sources in a
State which are owned or controlled by the same person (or persons) are
in compliance with all air emissions regulations, and (3) secure
reductions in existing source emissions to comply with specific
statutory offset ratios and are otherwise, equal to, or greater than
those reductions necessary to show attainment and maintenance of the
applicable NAAQS (offsets).

2(b)	PRACTICAL UTILITY/USERS OF THE DATA

	  SEQ CHAPTER \h \r 1 Before the owner or operator of a facility can
commence construction or modification of its source, it must comply with
all applicable construction permit requirements.  The owner or operator
of a stationary source must develop or collect all relevant information
not otherwise available to the Federal, State, or local permitting
authority (PA).  The PA reviews the application materials submitted by
the owner or operator and either declares the permit application
complete for processing or provides the owner or operator guidance on
how to correct the deficiencies in the application.  If the application
has deficiencies, the applicant collects any additional data identified
by the PA so that the permit application can be deemed “complete.” 
Although sufficient information must be submitted by the applicant
before its permit can be classified as complete, some additional
clarifying information can be submitted at a later date by the applicant
to assist the PA in processing the permit application.

	For major sources to be constructed or modified in attainment areas,
the PA uses the permit application information to determine:  (1)
whether the source will cause or contribute to a violation of the NAAQS
and air quality increments, (2) if the technology the source is
proposing is BACT, and (3) whether the source's emissions will adversely
affect any Federal Class I areas, including AQRVs in these areas.  For
major sources to be constructed or modified in nonattainment areas, the
permit application information is used by the PA to determine whether: 
(1) the source will apply LAER, (2) the source will have secured the
required emissions offsets, and (3) the source has demonstrated that all
other of its major sources in the same State are in compliance with all
applicable air emissions regulations.  

	Once the application is complete, the PA makes a preliminary
determination regarding the approvability of the permit application. 
This determination, along with the application and supporting
information, is made available to the public for at least 30 days.  The
PA must then respond to public comments and take action on the final
permit.  Typically a final action must be taken on a permit by the PA
within one year of receipt of a complete application.  

	In addition, the public and other permit applicants may use some of the
data collected.  EPA operates a RACT/BACT/LAER Clearinghouse (RBLC)1
which contains many BACT and LAER determinations to aid applicants and
reviewers in identifying reasonable and available control technologies. 
The Clean Air Act Amendments require that the BACT or LAER information
in each permit must be gathered by the PA and submitted for entry into
the RBLC database as a reference for making future control technology
determinations.  Annual reports containing RBLC update information are
also available to the public through the National Technical Information
Service.	

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	NONDUPLICATION

  SEQ CHAPTER \h \r 1 The information collection activities required
under the NSR regulations are not routinely performed elsewhere by EPA. 
However, similar information may be collected during the development of
certain environmental impact statements (EIS).  In such cases,
regulations and policies require that information collected for EIS's
and NSR programs be coordinated to the maximum extent possible so as to
minimize duplicating the collection of data.  Some of the required
information also may already be available from States or other federal
agencies.  However, even when these data are available, they are not
generally adequate to address completely the relevant NSR requirements.

3(b)	PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB

	The first public notice of this ICR renewal was published in the
November, 30, 2007 Federal Register (FR). No comments were received by
the closing date, January, 29, 2008. However, active consultation
conducted for the ICR is discussed in section 3(c).

3(c)	CONSULTATIONS

  SEQ CHAPTER \h \r 1 This ICR is a renewal of the existing ICR for the
NSR program.  It incorporates the base elements of the program which
have not been changed for this renewal plus the vacated provisions for
the Clean Units and Pollution Control Project Exclusion. Extensive
consultation through public hearings and stakeholder meetings with
environmental groups; industry; and state, local, and federal agency
representatives were conducted previously for the rules included in this
ICR. Also, EPA contacted the National Association of Clean Air Agencies
(NACAA), and received comments from three of its members in January
2008. Consistent with NACAA’s input during that consultation period,
changes have been made to the burden estimates for certain activities
performed by permitting authorities. This is described more fully in
section 6(a). 

3(d)	EFFECTS OF LESS FREQUENT COLLECTION

  SEQ CHAPTER \h \r 1 The Act defines the rate of reporting by sources,
states, and local entities.  Consequently, less frequent collection is
not possible.

3(e)	GENERAL GUIDELINES

  SEQ CHAPTER \h \r 1 	OMB's general guidelines for information
collections must be adhered to by all Federal Agencies for approval of
any rulemaking's collection methodology.  In accordance with the
requirements of 5 CFR 1320.5, the Agency believes:

1.	The NSR regulations do not require periodic reporting more frequently
than semi-annually.

2.	The NSR regulations do not require respondents to participate in any
statistical survey.

3.	Written responses to Agency inquiries are not required to be
submitted in less than thirty days.

4.	Special consideration has been given in the design of the NSR program
to ensure that the requirements are, to the greatest extent possible,
the same for Federal requirements and those reviewing authorities who
already have preconstruction permitting programs in place.

5.	Confidential, proprietary, and trade secret information necessary for
the completeness of the respondent's permit are protected from
disclosure under the requirements of  §503(e) and §114(c) of the Act.

6.	The NSR regulations do not require more that one original and two
copies of the permit application, update, or revision to be submitted to
the Agency.

7.	Respondents do not receive remuneration for the preparation of
reports required by the Act or parts 51 or 52.

8.	To the greatest extent possible, the Agency has taken advantage of
automated methods of reporting.

9.	The Agency believes the impact of NSR regulations on small entities
to be insignificant and not disproportionate.

	The recordkeeping and reporting requirements contained in the current
NSR program and the changes made in this rulemaking do not exceed any of
the Paperwork Reduction Act guidelines contained in 5 CFR 1320.5, except
for the guideline which limits retention of records by respondents to
three years.  The Act requires both respondents and State or local
agencies to retain records for a period of five years.  The
justification for this exception is found in 28 U.S.C.  2462, which
specifies five years as the general statute of limitations for Federal
claims in response to violations by regulated entities.  The decision in
U.S.  v.  Conoco, Inc., No.  83-1916-E (W.D.  Okla., January 23, 1984)
found that the five year general statute of limitations applied to the
Clean Air Act.

3(f)	CONFIDENTIALITY

  SEQ CHAPTER \h \r 1 Confidentiality is not an issue for the NSR
program.  In accordance with Title V, Section 503 (e), the information
that is to be submitted by sources as a part of their permit application
and update, applications for revisions, and renewals is a matter of
public record.  To the extent that the information required for the
completeness of a Federal permit is proprietary, confidential, or of a
nature that it could impair the ability of the source to maintain its
market position, that information is collected and handled according to
EPA's policies set forth in Title 40, Chapter 1, Part 2, Subpart
B--Confidentiality of Business Information (see 40 CFR 2).  States
typically have similar provisions.

3(g)	SENSITIVE QUESTIONS

  SEQ CHAPTER \h \r 1 The consideration of sensitive questions, (i.e.,
sexual, religious, personal or other private matters), is not applicable
to the NSR program.  The information gathered for purposes of
establishing an operating permit for a source do not include personal
data on any owner or operator.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	RESPONDENTS/STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODES

  SEQ CHAPTER \h \r 1 Table 4-1 lists the industrial groups the EPA
expects will contain the majority of the industrial respondents affected
by the NSR program.  These categories were chosen because of their
historic relative incidence in seeking NSR permits as established in
prior ICRs and confirmed by a nationwide air pollutant emission
inventory developed by the EPA in 1986-87.  These industries have been
used as the basis for impact analysis since that inventory.

Table 4-1.  Most Numerous Industrial Respondents by Industrial Group  tc
"Table 4-1.  Most Numerous Industrial Respondents by Industrial Group "
\f D  

Industry Group	SIC	NAICS†

Steam Electric Plants	491	221111, 22112, 22113, 221119, 221121, 221122

Petroleum Refining	291	32411

Chemical Processes	281	325181, 32512, 325131, 325182, 211112, 325998,
331311, 325188

Natural Gas Transport	492	48621, 22121, 48621

Pulp Mills	261	32211, 322121, 322122, 32213

Paper Mills	262	322121, 322122

Automobile Manufacturing	371	336111, 336112, 33612, 336211, 336992,
336322, 33633, 33634, 33635, 336399, 336212, 336213

Pharmaceuticals	283	325411, 325412, 325413, 325414



†1997 North American Industry Classification System



	The respondents also include State and local air regulatory agencies. 
Because of the national scope of the NSR program, these governmental
respondents are in all 50 States.

4(b)	INFORMATION REQUESTED

4(b)(1) DATA ITEMS, INCLUDING RECORD KEEPING REQUIREMENTS

  SEQ CHAPTER \h \r 1 Tables A-1 and A-2 of Appendix A summarize the
respondent data and information requirements which owners or operators
of major sources must include in PSD and nonattainment NSR construction
permit applications.  The tables also include the appropriate references
in 40 CFR part 51 for the data and information requirements that govern
the way States implement NSR programs.  For each reference in Part 51,
corresponding language will be found in part 52.  In this ICR analysis,
the minor source burden is for owners or operators of minor sources to
submit information to demonstrate that they are exempt from the major
source construction permit requirements.  Once exempt from major source
requirements of either PSD or Nonattainment NSR, owners or operators
will not have to comply with all of the respective requirements shown in
Appendix A, Tables A-1 and A-2.	

4(b)(2) RESPONDENT ACTIVITIES

  SEQ CHAPTER \h \r 1 Table 6-1 lists the activities, burden, and
estimated costs of the NSR activities required under 40 CFR parts 51 and
52.  These activities include three broad categories: Preparation and
Planning; Data Collection and Analysis; and Permit Application. Within
each of these categories, further subdivision of a source’s activities
can be found. The Agency anticipates it will take 282 Part C major
sources an average of approximately 866 hours to complete each NSR
application, for a total of 244,212 hours.  Each of the 519 Part D NSR
sources will require an average of 642 hours, or a total of
approximately 333,198 hours each year, to complete Part D NSR
applications. Each minor source will require 40 hours to complete its
NSR application requirements, for a total of 2,983,640 hours.

5.	THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	STATE AND LOCAL AGENCY ACTIVITIES

  SEQ CHAPTER \h \r 1 Table A-3 of Appendix A summarizes the data and
information requirements which State and local agencies must meet. 
Table A-3 also shows the Part 51 references for the data and information
requirements specified.  The appropriate language from the CAA, 40 CFR
51 and 40 CFR 52 for State and local agencies is also included.

5(b)	COLLECTION METHODOLOGY AND MANAGEMENT

  SEQ CHAPTER \h \r 1 The owners and operators of new or modified
stationary sources affected by the NSR regulations will be responsible
for submitting construction permit applications to the PA.  The PA will
log in permit applications, store applications in a central filing
location at the PA, notify the Federal Land Manager (FLM) and provide a
copy of the application (if applicable), and transmit copies of each
application to EPA.  Once construction permits have been approved, the
reviewing authority will submit control technology information to EPA's
RBLC database.  Because the construction permits and associated control
technology determinations are performed on a case-by-case basis, the
regulations will not contain additional forms that owners or operators
would have to fill out and submit to the PA.  States will likely use
their current permit application forms for NSR purposes.

	Qualified personnel who work for the PA will perform permit reviews and
check the quality of data submitted by the applicant on a case-by-case
basis.  The applicant will be required to submit information on how the
data were obtained (e.g., indicate whether emissions data were obtained
through the use of emissions factors or test data) and how the
calculations were performed.  The PA personnel will check data quality
by reviewing test data and checking engineering calculations, and by
reviewing control technology determinations for similar sources.  The
RBLC and other sources will be reviewed for information on control
technology determinations made for sources similar to the sources
included in the permit application.  Confidential information submitted
by the applicant will be handled by the permit reviewing authority's
confidential information handling procedures.  The public will be
provided the opportunity to review a permit application and other
materials relevant to the PA’s decision on issuing the permit,
including FLM findings, by obtaining a copy from the permit reviewing
authority or by attending the public hearing.  The NSR regulations will
not require information through any type of survey.  

	Table 6-2 lists the State and local agency burden and costs associated
with the major NSR permitting rule, as modified by the final NSR Reform
rule changes.  As is the case with the respondents, State and local
agencies that approve NSR permits will only have start-up costs for any
given permit.  Consequently, while the State or local agency will
approve many permits each year, the annual burden for that function is
simply equal to the burden found in any one year.  

5(c)	SMALL ENTITY FLEXIBILITY

	  SEQ CHAPTER \h \r 1 The Regulatory Flexibility Act (RFA) requires
regulatory agencies, upon regulatory action, to assess that actions
potential impact on small entities (businesses, governments, and small
non-governmental organizations) and report the results of the
assessments in (1) an Initial Regulatory Flexibility Analysis (IRFA),
(2) a Final Regulatory Flexibility Analysis (FRFA), and (3) a
Certification. For ICR approval, the Agency must demonstrate that it
"has taken all practicable steps to develop separate and simplified
requirements for small businesses and other small entities" (5 CFR
1320.6(h)).  In addition, the agencies must assure through various
mechanisms that small entities are given an opportunity to participate
in the rulemaking process.  

	A Regulatory Flexibility Act Screening Analysis (RFASA) developed as
part of a 1994 draft Regulatory Impact Analysis (RIA) and incorporated
into the September 1995 ICR renewal analysis reported an initial
regulatory flexibility screening analysis showed that the changes to the
NSR program due to the 1990 Clean Air Act amendments would not have an
adverse impact on small entities.2 This analysis encompassed the entire
universe of applicable major sources that were likely to also be
small-businesses. The Agency estimates there are approximately 50
“small business” major sources.3  Because the administrative burden
of the NSR program are the primary source of the NSR program’s
regulatory costs, the analysis estimated a negligible “cost to
sales” (regulatory cost divided by the business category mean revenue)
ratio for this source group. Currently, there is no economic basis for a
different conclusion at this time.

5(c)(1) MEASURES TO AVERT IMPACTS ON SMALL ENTITIES

  SEQ CHAPTER \h \r 1 The Agency may not, under any circumstances,
exempt a major source of air pollution.  Since the impacts of NSR
regulations which may impact small entities are predominantly to major
sources, little room exists for regulatory flexibility to avert the
impact of the proposed rulemaking on small entities through exemption.  


5(c)(2) MEASURES TO MITIGATE IMPACTS ON SMALL ENTITIES

  SEQ CHAPTER \h \r 1 Even though the NSR program is not anticipated to
have an adverse impact on a significant number of small businesses,
measures are in place to assist in those incidental exceptions. 
Implementation of small business stationary source technical and
environmental compliance assistance programs, as called for in section
507 of the Act (at the Federal and State levels) can reduce the
reporting burden of small entities which are subject to major NSR. 
These programs may significantly alleviate the economic burden on small
sources by establishing:  1) programs to assist small businesses with
determining what Act requirements apply to their sources and when they
apply, and 2) guidance on alternative control technology and pollution
prevention for small businesses.

5(d)	COLLECTION SCHEDULE

  SEQ CHAPTER \h \r 1 Respondents are not subjected to a collection
schedule per se under NSR permitting regulations of parts 51 and 52.  In
general, each affected source is required to submit an application as a
prerequisite to receiving a construction permit.  Preparation of a
construction permit application is a one-time-only activity for each
project involving construction of a new source or modification of an
existing source.  The applicable SIP typically states the time period
that is necessary to process a permit application and issue a permit;
consequently, a prospective source would be obliged to work backward
from the hopeful commencement of construction to determine the optimum
submittal date for the application.  The NSR permit regulations will not
require periodic reporting or surveys.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	ESTIMATING RESPONDENT BURDEN

  SEQ CHAPTER \h \r 1 Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or disclose
or provide information to or for a Federal agency.  This includes the
time needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.  The
burden estimate should be composed of (1) a total capital and start-up
cost component annualized over its useful life; (2) a total operation,
maintenance and purchases of services component.  Each component should
be divided into burden borne directly by the respondent and any services
that are contracted out.     

	Table 6-1 identifies the average burden by activity for the industrial
respondents.  Note that only 34 of the 282 Part C (PSD) permit
applications require preconstruction air quality monitoring.  The $1.06
million increase in direct costs for preconstruction monitoring from the
2007 ICR for the PM2.5 NSR Program Final Rule is due solely to the
application of a 1.09 adjustment factor to obtain a 2007 value.

The average burden for preparing and submitting minor NSR permit
applications reflects a range of estimated burden from 8 to 120 hours,
depending on the nature of the permit action required.  The average
assumes the following average burdens for different types of permit
actions (percent of total actions in parentheses): 40 hours for new
minor sources, new synthetic minor sources, and synthetic-based
modifications (30%); 8 hours for true minor modifications (30%); 120
hours for netting-based minor modifications (20%); and 8 hours for
minor/administrative permit revisions (20%). 

 Table 6-2 identifies the average burden by activity for the State and
local respondents. Estimates are greater than the 2007 ICR for the PM2.5
NSR Program Final Rule, in part because of the vacature of the Clean
Units and Pollution Control Project Exclusion provision. Additional
changes were made pursuant to consultation with NACAA to more accurately
reflect the burdens of the highlighted activities. As this table looks
at average amount of time spent actively working on these activities,
numbers are going to vary from permitting authority to permitting
authority; any time required by the source participation is accounted
for separately in Table 6-1.   

Consultation responders indicated that the time required to complete the
Part D (nonattainment) permit process is greater than our estimate of
109 hours due to the amount of time required to address the offset
requirement and associated paperwork necessary for the transfer of
offsets. We agree that demonstrating offsets does require time; however,
we interpret these comments to be towards the wrong dataset. As
indicated in Table 6-1, the time required to demonstrate offsets is
accounted for in the industrial respondent burden and cost. 

When examining the average application approval burden estimate –
comments indicated a range of 10-80 hours, depending on the specific
permit. We recognize that some permits will require more time for
application approval, while others require less. Our estimate falls
within this range; therefore, the estimated average burden per permit
for application approval remains 40 hours.

Comments also indicate that the length of time required for a minor
permit can vary from 40-100 hours per permit. We agree that the
complexity of the source can at times require a greater number of hours
than the average 30 we estimated. However, as with the source burden
listed above, the range can vary from 8-120 hours. Thus, our estimate of
30 hours seems reasonable to reflect the average burden for a minor
permit.

Finally, it was suggested that the preliminary burden estimate should be
somewhere in the range of 140-160 hours for a Part C permit. Numbers
will vary for preliminary determination, and for these two permitting
authorities, an average of 150 hours is more reasonable. However, for
some of the112 permitting authorities the average hours required may be
much lower. We acknowledge that this activity can take more time than
originally estimated; therefore, the average number of burden hours for
this activity increased from 24 to 36 hours per permit.

6(b)	ESTIMATING RESPONDENT COSTS 

	  SEQ CHAPTER \h \r 1 6(b)(i) Estimating Labor Costs

	In this ICR, the entire burden for most respondents (and the Agency) is
treated as a labor cost. The one exception is for 34 of the 282 Part C
(PSD) permit applications that require preconstruction air quality
monitoring. This one-time cost includes pre-application monitoring of
air quality via contract services. The explanation for the absence of
capital and operations and maintenance costs for the remaining
respondents appears below in sections 6(b)(ii) and 6(b)(iii).  There is
only an annual value of the costs of the ICR burden, which is equal to
the cost of the first yearly outlay.  The same annual ICR burden and
cost are reported for each year because the EPA projects that the yearly
average number of permit applications will be constant over the term of
the ICR.  

	In order to improve the accuracy of burden estimates, this renewal ICR
uses 2007 values with the wage rate methods established in the July,
1997 renewal ICR.  The 1997 renewal was the source for the extrapolated
values used in the 2001 and 2004 renewal ICRs.  The single exception is
the estimate of pre-construction ambient air quality costs, which were
adjusted from the 2007 ICR for the PM2.5 NSR Program Final Rule.

	The labor rate used to calculate the industrial respondents’ labor
cost is $97.61/hr. The industrial labor rate was obtained from Table 2
in the Bureau of Labor Statistics (BLS) survey “Employer Costs for
Employee Compensation,” September 2007. To determine the rate per
hour, a 110% overhead was assumed. The resultant rate equals $97.61/hr.

	Following the same assumptions as the 2007 ICR for the PM2.5 NSR
Program Final Rule, 34 of the industrial respondents submitting Part C
(PSD) permit applications will conduct pre-construction ambient air
quality monitoring.  The average cost for this activity is estimated to
be $335,165, which is the inflation-adjusted figure used in the October
2007 ICR. The adjustment factor is 1.09, the factor used to adjust the
industry’s labor rate. 

	The labor rate used to calculate the State and local respondents’
labor cost is $77.22/hr. This rate was also obtained from the BLS
survey. Assume 100% overhead for State and Local Agency Labor. Table 6-2
presents the State and local agency respondents’ burden and costs. 
Their annual cost is equal to the cost of the first year outlay, which
recurs each year.

6(b)(ii) Estimating Capital and Operations and Maintenance Costs 

	Even if an applicant is a brand new company and the prospective source
is a “greenfield” source (the EPA estimates less than one percent of
the combined number of major and minor industrial respondents fit that
description) most, and perhaps all, of the equipment needed to prepare
permit applications (for example, the computers and basic software) will
be part of the source’s business operation inventory.  Furthermore,
much of the data and regulatory and policy information for making
technology determinations and even models for performing ambient air
impact analyses are available in electronic form from several different
EPA bulletin boards for just the communication charges, which are
typically absorbed in routine business overhead expenses.

	Since the purchase of capital equipment is believed to be an
insignificant factor in permit application preparation, the EPA assumes
the operation, maintenance, or services for same are negligible. 
Further, once a permit is issued, there is no operations and maintenance
cost associated with it.  It remains unaltered unless the source or the
permitting authority discovers specific reasons to reexamine it and
change any conditions or specifications.  If purely administrative, the
changes are handled exclusively by the permitting authority.  If changes
have the potential for environmental consequences, the action may be
significant enough to be counted as a separate and new application, to
which a new burden and cost may be ascribed.

6(b)(iii) Capital/Start-up Operating and Maintenance (O&M) Costs 

	Capital/start-up and O&M costs are non-labor related costs.  One-time
capital/start-up costs are incurred with the purchase of durable goods
needed to provide information.  According to the Paperwork Reduction
Act, capital/start-up cost should include among other items,
preparations for collecting information such as purchasing computers and
software, monitoring, sampling, drilling, and testing equipment.  As a
practical matter, these costs are not typical of the costs associated
with preparing a major source permit application.  For the same reason,
the O&M costs associated with start-up capital equipment are zero for
most of the sources for this ICR. However, as shown in Table 6-1, 34 of
the 282 Part C (PSD) permit applications require preconstruction air
quality monitoring, which costs $11,396,000. This one-time cost includes
pre-application monitoring of air quality via contract services. 

6(b)(iv) Annualizing Capital Costs 

	Typically annualized capital cost would be derived from a discounted
net present value of the stream of costs that would occur over the life
of the permit, or the ICR, whichever is shorter.  However, in the case
of NSR, there are only labor costs for preparing and processing permit
applications.  Labor costs are expensed when incurred and not amortized.
 Therefore, the capital costs for NSR permitting are zero.

6(c) 	ESTIMATING AGENCY BURDEN AND COST

  SEQ CHAPTER \h \r 1 Staff in EPA’s regional offices typically review
major NSR permits.  The EPA expects its review of NSR permits to
comprise the tasks listed in Table 6-3. The cost estimate uses a
“loaded” labor rate of $43.17/hr.  The rate reflects the assumption
that the staff reviewing permits are classified as Grade 12 Step 1.  The
corresponding salary is loaded with benefits at the rate of 60%.7  

6(d) 	ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COST

  SEQ CHAPTER \h \r 1 	For the purpose of estimating burden in this ICR,
the respondent universe is defined by the annual number of permit
applications prepared by major and minor sources, and the annual number
of permit applications processed by State and local agencies.  We began
with the baseline data found in the current ICR (265 Part C, 488 Part D,
74,609 minor NSR) change, from that baseline, we then made several
adjustments to reflect the expected effect of the U.S. Court of Appeals
for the D.C. Circuit decision to vacate the Clean Units and Pollution
Control Project Exclusion provision, as well as consultation with
members of NACAA.   

	

	This analysis uses the 112 reviewing authorities count used by other
permitting ICRs and the appropriate source count for individual
permit-related items (e.g., attending pre-application meetings with the
source). The resulting number of respondents for this ICR renewal is
then estimated to be as follows:

282 Part C (PSD) permit applications prepared by industry.

519 Part D (nonattainment) permit applications prepared by industry.

74,951 minor NSR permit applications prepared by industry.

282 Part C (PSD) permit applications processed by State and local
agencies.

519 Part D (nonattainment) permit applications processed by State and
local agencies.

74,951 minor NSR permit applications processed by State and local
agencies.

	For each category of permit application, the total number of
respondents is twice the number of permit applications. In addition,
each reviewing authority must submit changes to its existing SIP program
or demonstrate that its existing programs are at least equivalent to
EPA’s new requirements. This SIP revision is a one-time burden that
will occur during the three-year period. Therefore, the average annual
number of such revisions is 37.33 per year. This increases the total
number of reviewing authority responses to 838 annually.

	The total annual effort for industrial respondents submitting Part C
(PSD) permit applications is 244,212 hours, and the corresponding annual
cost is $35,233,000.  The total annual effort for industrial respondents
submitting Part D (nonattainment) permit applications is 333,198 hours,
and the corresponding annual cost is $32,523,000.  The total annual
effort for industrial respondents submitting minor NSR permits is
2,983,640 hours, and the corresponding annual cost is $234,138,000.  For
industrial respondents, the overall total annual effort is 3,561,050
hours and $301,895,000. 

	The total annual effort for State and local respondents processing Part
C (PSD) permit applications is 84,882 hours, and the corresponding
annual cost is $6,555,000.  The total annual effort for State and local
respondents processing Part D (nonattainment) permit applications is
65,913 hours, and the corresponding annual cost is $5,090,000.  The
total annual effort for State and local respondents processing minor NSR
permits is 2,237,730 hours, and the corresponding annual cost is
$172,798,000.  State and local respondents also will spend approximately
1,493 hours for SIP revisions due to the PM2.5 Implementation Final
Rule, for an annual cost of $115,000. For the State and local
respondents, the overall total annual effort is 2,390,018 hours and
$184,557,000.

6(e) 	BOTTOM LINE BURDEN HOURS AND COST TABLES

  SEQ CHAPTER \h \r 1 6(e)(i) Respondent Tally

	Table 6-4 summarizes the estimated burden and cost to industry
respondents, State and local agency respondents, and the EPA for
submittal and processing of NSR permit applications and the issuance of
the permits.  It also includes the cost to the respective respondents
and reviewing agencies for nonapplicability findings, which preclude
sources from further major source requirements.  For industrial and
State and local agency respondents, the overall total annual burden is
5,951,068 hours and $486,452,000.

	6(e)(ii) The Agency Tally 

	The total annual effort for the Agency for processing Part C (PSD)
permit applications is 4,230 hours, and the corresponding annual cost is
$183,000.  The total annual effort for the Agency for processing Part D
(nonattainment) permit applications is 8,304 hours, and the
corresponding annual cost is $358,000.  The total annual effort for the
Agency for processing minor NSR permits is 5,650 hours, and the
corresponding annual cost is $244,000.  For the Agency, the overall
total annual effort is 18,184 hours and $785,000.

6(f) 	REASONS FOR CHANGE IN BURDEN

  SEQ CHAPTER \h \r 1 The burden has changed due in part to a change in
the labor rates.  As explained in section 6(b)(i) in order to improve
the accuracy or burden estimates, the rates were recalculated using 2007
values and following the same methodology established in the July 10,
1997 renewal ICR. 

	Also contributing to the increase in burden has been an increase in the
number of respondents due to the U.S. Court of Appeals for the D.C.
Circuit decision to vacate the Clean Units and Pollution Control Project
Exclusion provision of the NSR Program. As a result, there are an
additional 51 respondents.

Finally, the burden per permit for Part C major NSR permit applications
increased based on active consultation with NACAA, conducted in January,
2008.  The burden per permit for Part D and minor NSR permits are
unchanged from the 2007 ICR for NSR PM2.5 Implementation Final Rule. 

6(g)	 BURDEN STATEMENT

  SEQ CHAPTER \h \r 1 The average annual burden on an industrial
respondent submitting a Part C (PSD) permit application is 866 hours. 
The average annual burden on an industrial respondent submitting a Part
D (nonattainment) permit application is 642 hours.  The average annual
burden on an industrial respondent submitting a minor NSR permit
application is 40.

	The average annual burden on a State or local agency respondent
processing a Part C (PSD) permit application is 301 hours.  The average
annual burden on a State or local agency respondent processing a Part D
(nonattainment) permit application is 127.  The average annual burden on
a State or local agency respondent processing a minor NSR permit
application is 30.

	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,
verifying, processing, maintaining,  disclosing, and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.  An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information unless
it displays a currently valid OMB control number.  The OMB control
numbers for EPA’s regulations are listed in 40 CFR part 9 and 48 CFR
Chapter 15.

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-OAR-2004-0081, which is available for online viewing at  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the Air and Radiation Docket and Information Center in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Avenue, NW, Washington, 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 Docket is (202) 566-1742.  An
electronic version of the public docket is available at   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov . This site can be
used to submit or view public comments, access the index listing of the
contents of the public docket, and to access those documents in the
public docket that are available electronically.  Once in the system,
select “search,” then key in the docket ID number identified above. 
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, DC 20503, Attention: Desk Office for EPA.  Please include
the EPA Docket ID No. EPA-HQ-OAR-2004-0081 and OMB control number
2060-0003 in any correspondence. 	



Table 6-1. Industrial Respondent Burden and Cost (Annual)

Activity	Units	Hours per Unit	Annual Hours	Annual Cost ($1000)

I. Part C (PSD)

 	A. Preparation and Planning	 	 	 	 

 	Determination of Compliance Requirements	282	170	47,940	$4,679

 	Obtain Guidance on Data Needs	282	120	33,840	$3,303

 	Preparation of BACT Analysis	282	102	28,764	$2,808

 	B. Data Collection and Analysis	 	 	 	 

 	Air Quality Modeling	282	200	56,400	$5,505

 	Determination of Impact on Air Quality Related Values	282	100	28,200
$2,753

 	Post-construction Air Quality Monitoring	282	50	14,100	$1,376

 	C. Permit Application	 	 	 	 

 	Preparation and Submittal of Permit Application	282	60	16,920	$1,652

 	Public Hearings	282	24	6,768	$661

 	Revisions to Permit	282	40	11,280	$1,101

 	D. Subtotal Burden	 	866	244,212	$23,838

 	E. Direct Costs for Pre-construction Air Quality Monitoring	34	 	 
$11,396

 	F. Total Costs	 	 	 	$35,233

II. Part D (Non-attainment)

 	A. Preparation and Planning	 	 	 	 

 	Determination of Compliance Requirements	519	150	77,850	$7,599

 	Obtain Guidance on Data Needs	519	100	51,900	$5,066

 	B. Data Collection and Analysis	 	 	 	 

 	Preparation of LAER Engineering Analysis	519	52	26,988	$2,634

 	Demonstrate Offsets	519	52	26,988	$2,634

 	Prepare Analysis of Alternative Sites, Processes, etc.	519	60	31,140
$3,040

 	Air Quality Modeling	519	130	67,470	$6,586

 	C. Permit Application	 	 	 	 

 	Preparation and Submittal of Permit Application	519	49	25,431	$2,482

 	Public Hearings	519	25	12,975	$1,266

 	Revisions to Permit	519	24	12,456	$1,216

 	D. Total	 	642	333,198	$32,523

III. Minor NSR

 	A. Preparation and Submittal of Minor NSR Permit Application	74,591
40	2,983,640	$234,138

IV. GRAND TOTAL	75,392	 	3,561,050	$301,895



Table 6-2.  State and Local Respondent Burden and Cost (Annual)

Activity	Units	Hours per Unit	Annual Hours	Annual Cost ($1000)

I. Part C (PSD)

 	A.   Attend Preapplication Meetings	282	36	10,152	$784

 	B.   Answer Respondent Questions	282	20	5,640	$436

 	C.   Log In and Review Data Submissions	282	16	4,512	$348

 	D.   Request Additional Information	282	8	2,256	$174

 	E.   Analyze for and Provide Confidentiality Protection	282	24	6,768
$523

 	F.   Prepare Completed Applications for Processing	282	38	10,716	$827

 	G.   File and Transmit Copies	282	8	2,256	$174

 	H.   Prepare Preliminary Determination	282	36	10,152	$784

 	I.    Prepare Notices for and Attend Public Hearings	282	40	11,280
$871

 	J.   Application Approval	282	48	13,536	$1,045

 	K.   Notification of Applicant of PA Determination	282	8	2,256	$174

 	L.   Submittal of Information on BACT/LAER to RBLC	282	19	5,358	$414

 	M.   Total	 	301	84,882	$6,555

II. Part D (Non-attainment)

 	A.   Attend Preapplication Meetings	519	7	3,633	$281

 	B.   Answer Respondent Questions	519	10	5,190	$401

 	C.   Log In and Review Data Submissions	519	10	5,190	$401

 	D.   Request Additional Information	519	4	2,076	$160

 	E.   Analyze for and Provide Confidentiality Protection	519	4	2,076
$160

 	F.   Prepare Completed Applications for Processing	519	16	8,304	$641

 	G.   File and Transmit Copies	519	4	2,076	$160

 	H.   Prepare Preliminary Determination	519	10	5,190	$401

 	I.    Prepare Notices for and Attend Public Hearings	519	18	9,342
$721

 	J.   Application Approval	519	21	10,899	$842

 	K.   Notification of Applicant of PA Determination	519	2	1,038	$80

 	L.   Submittal of Information on BACT/LAER to RBLC	519	21	10,899	$842

 	M.   Total	 	127	65,913	$5,090

III. Minor NSR

 	Total for Preparation and Submittal of Minor NSR Permit Application
74,591	30	2,237,730	$172,798

IV. SIP Revisions

 	Revision of SIP	37	40	1,493	$115

IV. GRAND TOTAL	75,429	 	2,390,018	$184,557



Table 6-3.  Agency Burden and Cost (Annual)

Activity	Units	Hours per Unit	Annual Hours	Annual Cost ($1000)

I. Part C (PSD)

 	A.    Review and Verify Applicability Determination	282	2	564	$24

 	B.    Review Control Technology Determination	282	4	1,128	$49

 	C.    Evaluate Air Quality Monitoring	282	4	1,128	$49

 	D.    Evaluate Alternative and Secondary Impact Analysis	282	2	564
$24

 	E.    Evaluate Class I Area Analysis	282	2	564	$24

 	F.    Administrative Tasks	282	1	282	$12

 	G.    Total	 	15	4,230	$183

II. Part D (Non-attainment)

 	A.    Review and Verify Applicability Determination	519	2	1,038	$45

 	B.    Review Control Technology Determination	519	4	2,076	$90

 	C.    Evaluate Offsets	519	1	519	$22

 	D.    Evaluate Air Quality Monitoring	519	5	2,595	$112

 	E.    Evaluate Alternative and Secondary Impact Analysis	519	3	1,557
$67

 	F.    Administrative Tasks	519	1	519	$22

 	G.    Total	 	16	8,304	$358

III. Minor NSR

 	Review Synthetic/Netting-Based Minor NSR Permits	2,825	2	5,650	$244

IV. GRAND TOTAL	3,626	33	18,184	$785



Table 6-4.  NSR Program Information Collection Burden Summary

 	                 Total	Per Unit

	Part C (PSD)	Part D  (Non-attainment)	Minor NSR	Cumulative Total	Part C
(PSD)	Part D   (Non-attainment)	Minor NSR

Number of Respondentsa	563	1,038	149,182	150,821a+b	 	 	 

Respondent Burden Hours	Industry	244,212	333,198	2,983,640	3,561,050	866
642	40

	State/Local	84,882	65,913	2,237,730	2,390,018	301	127	30

	Industry and State/ Local Agency Totals	329,094	399,111	5,221,370
5,951,068	1,167	769	70

Federal (Agency) Burden	4,230	8,304	5,650	18,184	15	16	2

Program Grand Total Burden	333,324	407,415	5,227,020	5,969,252	 	 	 

Respondent Annual Cost ($1000)c	Industry Labord	$23,838	$32,523	$234,138
$290,499	$84.65	$62.64	$3.14

	Other Direct Costse	$11,396	$0	$0	$11,396	$335.17	$0.00	$0.00

	Total Industry Costs	$35,233	$32,523	$234,138	$301,895	$125.12	$62.64
$3.14

	State/Local Costsf	$6,555	$5,090	$172,798	$184,557	$23.28	$9.80	$2.32

	Industry and State/Local Agency Totals	$41,788	$37,613	$406,936
$486,452	 	 	 

Agency Annual Costs ($1000)	$183	$358	$244	$785	$0.65	$0.69	$0.00

Program Grand Total Costs ($1000)	$41,970	$37,972	$407,180	$487,237
$149.04	$73.14	$5.46

(a) Number of respondents is twice the number of permitting actions for
a given category due to (1) the applicant preparing the application and
(2) the permitting agency reviewing and issuing the permit. 

(b) Each of the 112 reviewing authorities must submit one SIP revision
to conform their major NSR programs to the revised rules. The average
annual number of such revisions is 112/3 = 37.33 per year.              
                                                                        
                                                                        
                            (c) All costs are in thousands of current
(2007) dollars. All costs represent one-time permit application costs.  
                                                                        
   (d)  The EPA estimates that 30% of the in-house hourly burden may be
contracted, but because it is at the discretion of the applicant, the
cost has not been converted to direct cost. Furthermore EPA assumes the
labor rate would remain the same, in which case there is no impact on
total annual costs.                                                     
                                                                        
                                                                     (e)
These direct costs are for 34 (approximately 13%) PSD sources at
$335,165 per source, for pre-application monitoring of air quality via
contract services. This cost is not incurred by Part D permit
applicants.                                                             
                                                                        
                                                                        
 (f) Per unit cost for PSD permits reflects the direct cost for
pre-application monitoring averaged over all PSD permits. The estimated
34 sources that require preconstruction monitoring are estimated to
incur a total cost of $419,697 per application. The others will incur
$84,532.





APPENDIX A

INFORMATION REQUIREMENTS

	

	

	



TABLE A-1.  INDUSTRY RESPONDENT DATA AND 

INFORMATION REQUIREMENTS FOR

    PREPARING PART C (PSD) CONSTRUCTION PERMITS

Current Requirements	Regulation Reference

Description of the nature, location, design capacity, and typical
operating schedule	40 CFR 51.166(n)(2)(I)

Detailed schedule for construction	40 CFR 51.166(n)(2)(ii)

Description of continuous emission reduction system, emission estimates,
and other information needed to determine that BACT is used	40 CFR
51.166(n)(2)(iii)

Air quality impact, meteorological, and topographical data	40 CFR
51.166(n)(3)(I)

Nature and extent of, and air quality impacts of general commercial,
residential, industrial, and other growth in area of source	40 CFR
51.166(n)(3)(ii)

Use of air quality models to demonstrate compliance with NAAQS and
increment	40 CFR 51.166(k)&(l)

A demonstration that the benefits of the proposed source significantly
outweigh the environmental and social costs imposed as a result of its
location, construction, or modification	Not a current requirement, but
is a 1990 Act Requirement §173(a)(5)

Information necessary to determine impact on AQRVs in Class I areas 	40
CFR 51.166(n)(4)

Air quality monitoring data	40 CFR 51.166(m)

Impairment of visibility, soils, and vegetation	40 CFR 51.166(o)(1)

Air quality impact resulting from general commercial, residential,
industrial, and other growth associated with source	40 CFR 51.166(o)(2)

Written notice of proposed relocation from portable source	40 CFR
51.166(I)(4)(iii)(d)

Description of the location, design construction, and operation of
building, structure, facility, or installation	40 CFR 51.160(c)(2)

Description of the nature and amounts of emissions to be emitted	40 CFR
51.160(c)(1)

Description of the air quality data and dispersion or other air quality
modeling used	40 CFR 51.160(f)

Sufficient information to ensure attainment and maintenance of NAAQS	40
CFR 51.160(c)-(e),     40 CFR 51.161-163





Table A-2:  INDUSTRY RESPONDENT DATA AND INFORMATION REQUIREMENTS FOR
PREPARING 

PART D (NONATTAINMENT NSR) CONSTRUCTION PERMITS





	Requirements	Regulation Reference

Documentation that LAER is being applied	40 CFR 51.165(a)(2);

40CFR part 51, Appendix S, Section IV.A;

40 CFR 52.24(k)

Documentation that all sources owned or operated by same person are in
compliance	40 CFR 51.165(a)(2);

40 CFR part 51, Appendix S, Section IV.A;

40 CFR 52.24(k)

Documentation that sufficient emissions reductions are occurring to
comply with specific offset requirements and to ensure RFP	40 CFR
51.165(a)(3);

40 CFR part 51, Appendix S, Section IV.A;

40 CFR 52.24(k)

Documentation that benefits of proposed source significantly outweigh
the environmental and social costs imposed as a result of its location,
construction, or modification	40 CFR 51.165(a)(2)

Description of the location, design construction, and operation of
building, structure, facility, or installation	40 CFR 51.160(c)(2)

Description of the nature and amounts of emissions to be emitted	40 CFR
51.160(c)(1)

Description of the air quality data and dispersion or other air quality
modeling used	40 CFR 51.160(f)

Sufficient information to ensure attainment and maintenance of NAAQS	40
CFR 51.160(c)-(e)

40 CFR 51.161

40 CFR 51.162

40 CFR 51.163









	



TABLE A-3.  PERMITTING AGENCY DATA

 AND INFORMATION REQUIREMENTS



	Requirement	Regulation Reference

Early FLM notification and opportunity to participate in meetings 	40
CFR 51.166(p)(1)(ii)

Submission of all permit applications to EPA	40 CFR 51.166(q)(1)

Submission of notice of application, preliminary determination, degree
of increment consumption, and opportunity for public comment	40 CFR
51.166(q)(2)(iv)

Submission to FLM of permit applications 	40 CFR 51.166(p)(1)



	Submission of written request to exempt sources from review	40 CFR
52.21(I)(4)(vi)

Written request for use of innovative control technology	40 CFR
51.166(s)

Establishing and operating a permitting program for all new sources	40
CFR 51.160

Provide notice to EPA of all permits	40 CFR 51.161(d)

Provide for public comment for all NSR permits	40 CFR 51.161



      U.S. Environmental Protection Agency, Office of Air Quality
Planning and Standards Information Collection Request for changes to 40
CFR Part 51 and 52 Prevention of Significant Deterioration and
Nonattainment New Source Revew: Final Rule for Implementation of the New
Source Review (NSR) Program for Particulate Matter Less Than 2.5
Micrometers (PM2.5). October 2007.

2     The RBLC is available on the OAQPS Technology Transfer Network. 
Access to the RBLC on the TTN is via a computer through Internet access
–   HYPERLINK "http://cfpub.epa.gov/rblc/htm/bl02.cfm" 
http://cfpub.epa.gov/rblc/htm/bl02.cfm . For assistance in accessing the
TTN, contact the TTN Help Desk at (919) 541-4814 in Research Triangle
Park, North Carolina, 1:00 p.m. to 5:00 p.m. Eastern Time.    HYPERLINK
"http://www.epa.gov/ttn/"  http://www.epa.gov/ttn/ 

3     “Economic Assessment of the Impacts of Part C and D Regulatory
Changes,” June 2, 1994.

4     The definition for “small business” employed for all SIC
categories in this analysis was any business employing fewer than 500
employees. 

5      Industrial Labor Rates obtained from "Employer Costs for Employee
Compensation, Table 2:  Employment Costs for Civilian Workers by
Occupational and Industry Group," U.S. Dept. of Commerce, BLS, September
2007.  

6      U.S. Environmental Protection Agency, Office of Air Quality
Planning and Standards. Information Collection Request for changes to 40
CFR Part 51 and 52 Prevention of Significant Deterioration and
Nonattainment New Source Revew: Final Rule for Implementation of the New
Source Review (NSR) Program for Particulate Matter Less Than 2.5
Micrometers (PM2.5). October 2007. 

7       State and Local Respondent Labor Rates obtained from "Employer
Costs for Employee Compensation, Table 4:  Employment Costs for State
and Local Government Workers by Occupational and Industry Group," U.S.
Dept. of Commerce, BLS, September 2007.

8     The annual salary for Grade 12 Step 1 in the 2007 General Schedule
is $56,301 (    HYPERLINK
"(www.opm.gov/oca/2000tbls/GSannual/html/GSBASE.HTM)." 
http://www.opm.gov/oca/07tables/html/gs.asp).   Division by 2080 hrs/hr
yields the hourly rate used in this supporting statement.

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