INFORMATION COLLECTION REQUEST

FOR CHANGES TO

THE PART 70 OPERATING PERMIT REGULATIONS,

THE PART 71 OPERATING PERMIT REGULATIONS,

AND

THE PARTS 51 and 52 PREVENTION OF SIGNIFICANT DETERIORATION AND 

NONATTAINMENT NEW SOURCE REVIEW REGULATIONS

FOR FLEXIBLE AIR PERMITS

Information Collection Request Numbers:

Part 70 – EPA No. 1587.10; OMB No. 2060-0243 

Part 71 – EPA No. 1713.09; OMB No. 2060-0336

Parts 51 and 52 – EPA No. 1230.26; OMB No. 2060-0003 

Prepared by:

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

Research Triangle Park, NC  27711

November 2008TABLE OF CONTENTS

1. 	Identification of the Information Collection	1

1.1  Title	1

1.2 Description	1

2. 	Need and Use of the Collection	5

2.1  Need/Authority for the Collection	5

2.2  Practical Utility/Users of the Data	6

2.3  Caveats and Considerations	6

Non-duplication, Consultation, and other Collection Criteria	8

3.1  Non-duplication	8

3.2  Public Notice Requirements	8

3.3  Consultations	8

3.4  Effects of Less Frequent Collection	9

3.5  General Guidelines	9

3.6  Confidentiality	9

3.7  Sensitive Questions	9

The Respondents and the Information Requested	10

4.1  Respondents	10

4.2  Information Requested	12

4.2.1  Data Items Submitted	12

4.2.2  Activities	13

The Information Collected - Collection Methodology 

and Information Management	16

5.1   Collection Methodology and Management	16

5.2   Small Entity Flexibility   	16

5.3   Collection Schedule	16

TABLE OF CONTENTS

(continued)

Estimating the Burden and Cost of the Collection	18

6.1   Estimating the Number of Respondents	18

6.2   Estimating Burden	21

6.2.1    Estimating Source Burden	21

6.2.2    Estimating Permitting Authority Burden	27

6.2.3    Estimating EPA Burden	31

6.3   Estimating Costs	34

6.3.1    Estimating Source Costs 	34

6.3.2	Estimating Permitting Authority and Agency Costs 	35

6.3.3    Bottom Line Burden Hours and Costs	42

6.4   Changes in the Burden	42

6.5   Burden Statement	42

       

TABLE OF CONTENTS

(continued)

Index of Tables 

Table 1    Industry Sources Likely to Seek Comprehensive Flexible
Permits	12

Table 2    Data Items Submitted	13

Table 3    Activities	14

Table 4    Schedule for Data Items Submitted	17

Table 5    Number of Title V Sources Obtaining a Flexible Permit	19

Table 6    Source Respondent Burden Hours Under Parts 51/52 NSR
Regulations for Tier 1 Permits in Attainment Areas	24

Table 7    Source Respondent Burden Hours Under Parts 51/52 NSR
Regulations for Tier 1 Permits in Nonattainment Areas	25

Table 8    Source Incremental Burden Hour Reductions by Activity Avoided
26

Table 9    State and Local Permitting Authority Respondent Burden Hours
Under Parts 51/52 NSR Regulations for Tier 1 Permits in Attainment Areas
29

Table 10  State and Local Permitting Authority Respondent Burden Hours
Under Parts 51/52 NSR Regulations for Tier 1 Permits in Nonattainment
Areas	30

Table 11  State and Local Permitting Authority Incremental Burden Hour
Reductions by Activity Avoided	31

Table 12  Agency Burden Hours Under Parts 51/52 NSR Regulations for Tier
1 Permits	33

Table 13  Agency Incremental Burden Hour Reductions by Activity Avoided
34

Table 14  Source Burden and Cost, 3-Years	36

Table 15  Permitting Authority Burden and Cost, 3-Years	38

Table 16  Agency Burden and Cost, 3-Years	40

Table 17  Bottom Line Burden and Costs (Cost Savings), 3-Years	42

Table 18  Burden Statement	43

1	Identification of the Information Collection

1.1 	Title		The title of this Information Collection Request (ICR) is
“Information Collection Request for Changes to the Part 70 Operating
Permit Regulations, the Part 71 Operating Permit Regulations, and the
Parts 51 and 52 Prevention of Significant Deterioration and
Nonattainment New Source Review Regulations for Flexible Air Permits.”
 This document fulfills the Agency's requirements under the Paperwork
Reduction Act (PRA) to determine the regulatory burden associated with
the promulgation of new regulations intended to clarify and provide more
certainty about how sources and permitting authorities can use flexible
air permitting approaches under the title I New Source Review Program
and the title V Operating Permit Program to authorize additions of new
capacity and different operations of existing equipment.  It has been
assigned EPA tracking numbers 1587.10, 1713.09, and 1230.26 because it
affects three existing, approved collections.  Specifically, this ICR
modifies the following three approved collections:  ICR No. 1587.07
(OMB Control No. 2060-0243) titled “State Operating Permit Regulations
(40 CFR part 70);” ICR No. 1713.06 (OMB Control No. 2060-0336) titled
"Federal Operating Permit Regulations (40 CFR part 71);” and ICR
No. 1230.23 (OMB Control No. 2060-0003) titled “Prevention of
Significant Deterioration and Nonattainment New Source Review (40 CFR
Parts 51 and 52).”  The present ICR calculates the incremental burden
and cost of flexible permits as they relate to the baseline burden and
cost estimated across these three ICRs.

1.2	Description	Historically, title V of the Clean Air Act requires
states to develop and implement a program for issuing operating permits
to all sources that fall under the Act’s definition of major and
certain other non-major sources that are subject to federal air quality
regulations.  The Act further requires EPA to develop regulations that
establish the minimum requirements for those state operating permit
programs and to oversee their implementation.  The EPA regulations
setting forth requirements for the state operating permit programs were
codified at 40 CFR part 70 on July 21, 1992.  In addition, the Act
requires EPA to administer an operating permit program in any state that
fails to develop and operate an acceptable program, as well as those
areas outside the jurisdiction of any state.  The federal operating
permit program was codified at 40 CFR part 71 on July 1, 1996.

The major New Source Review (NSR) Program regulates emissions increases
due to new major sources and modifications at existing major sources in
an effort to achieve and maintain the National Ambient Air Quality
Standards (NAAQS).  Amendments enacted in 1990 to title I of the Clean
Air Act included changes to 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” (NA NSR). 
The EPA regulations setting forth requirements for the PSD and NA NSR
programs are codified at 40 CFR parts 51 and 52.  In December 2002, EPA
finalized the NSR Improvement Rule with regulations for plantwide
applicability limits (PALs), 67 FR 80186.  The Act also requires states
to implement a minor NSR program to address emissions from new sources
and modifications that are too small to be subject to major NSR (i.e.,
PSD and NA NSR).  The EPA regulations for these programs are codified in
40 CFR part 51.

In response to our experience in and evaluation of flexible permitting
techniques used in the last decade on a pilot permit basis, and
comments, discussions and recommendations from the public and
stakeholders, the EPA is revising regulations in the operating permits
program to facilitate use of these flexible permitting techniques.  This
rulemaking makes several changes to the operating permits program by:

Adding a definition and clarifying the scope of alternative operating
scenarios (AOSs), which were already included in the part 70/71
regulations but generally have been interpreted and implemented
narrowly;

Adding a definition for “approved replicable methodology” (ARM) in
the part 70/71 regulations to clarify the acceptability of operating
permit terms that allow a source to carry out calculations for
compliance and applicability purposes in a prescribed manner without the
need for a permit revisions.

The preamble to this rulemaking also discusses advance approval of
physical and operational changes under state minor NSR programs.  In
addition, the preamble discusses the ability of permitting authority to
authorize changes in an NSR project through the flexibilities available
under the existing major NSR regulations.  We are not proposing any
revisions to the regulations governing such programs.

The following activities, which will occur during the period of this
ICR, include those activities that EPA estimates represent incremental
increases and decreases in burden associated with flexible permitting.

Parts 70 and 71

Flexible permitting sources applying for permit renewal

Permitting authorities and EPA renewing permits

Newly subject flexible permitting sources submitting permit applications

Permitting authorities and EPA reviewing applications for new permits

Flexible permitting sources working with permitting authorities and EPA
to prepare draft permits

EPA reviewing new or renewal permits issued by permitting authorities

Permitting authorities and EPA collaborating to support sources in the
development of their permits

Flexible permitting sources not needing to submit applications for
permit revisions

Permitting authorities and EPA not needing to process permit revisions



Parts 51 and 52

Flexible permitting sources applying for PSD or NA NSR permits

Permitting authorities and EPA reviewing flexible permitting sources’
applications for PSD and NA NSR permits

Flexible permitting sources applying for minor NSR permits including
advance approvals and/or plantwide applicability limitations (PALs)

Permitting authorities reviewing flexible permitting sources’
applications for minor NSR permits including advance approvals and/or
PALs

Flexible permitting sources not needing to apply for  minor NSR permits

Permitting authorities not needing to process minor NSR permits

Flexible permitting sources avoiding subsequent PSD and NA NSR permits
during the permit term

Permitting authorities and EPA avoiding processing subsequent PSD and NA
NSR permits during the permit term

All of these data are made available for public review and comment.  The
activities to carry out these tasks are considered mandatory and
necessary for implementation of titles I and V and the proper operation
of the NSR and operating permits programs.  The information will also be
available for public inspection at any time in the offices of the
permitting authorities.  

The Agency anticipates total direct cost savings to subject sources
attributable to the changes to the part 70 permit program for flexible
air permits for the 3 years of the ICR to be approximately $7.3 million.
 This represents the direct administrative cost savings for an estimated
2,516 sources of approximately $2,900 per source or 77 hours per source
during the period of this ICR.  The Agency estimates the cost savings of
the changes to the part 70 permit program for flexible air permits for
the 3 years of the ICR to permitting authorities to be approximately $7
million, or $2,800 in cost savings due to 62 fewer burden hours per
source (or $62,400 cost savings attributable to 1,387 hours saved per
permitting authority).  The Agency estimates costs to the Federal
Government due to the changes to the part 70 permit program for the 3
years of the ICR of approximately $615,600, or $245 attributable to
approximately 5 hours more worked per source.

The Agency anticipates total direct cost savings to subject sources
attributable to the changes to the part 71 permit program for flexible
air permits for the 3 years of the ICR to be approximately $51,200. 
These represent the direct administrative cost savings for an estimated
18 sources, or approximately $2,800 per source during the period of this
ICR or 76 hours saved per source.  Under the part 71 program, EPA is the
only permitting authority.  In this function, the Agency estimates the
federal cost savings of the changes to the part 71 permit program for
flexible air permits for the 3 years of the ICR to be approximately
$49,300, or $2,700 in cost savings due to 61 fewer burden hours per
source (or $49,300 cost savings attributable to 1,095 hours saved by the
single federal permitting authority).

The Agency anticipates total direct cost savings to subject sources
attributable to the changes to the parts 51 and 52 PSD/NSR program for
flexible air permits for the 3 years of the ICR to be approximately
$54.4 million.  These represent the direct administrative costs for the
estimated 840 sources, or approximately $64,700 in cost savings per
source during the period of this ICR, or 663 fewer burden hours per
source.  The Agency estimates the cost savings of the changes to the
parts 51 and 52 PSD/NSR program for flexible air permits for the 3 years
of the ICR to permitting authorities to be approximately $33.7 million,
or $40,100 in cost savings attributable to 520 fewer burden hours per
source (or $301,100 attributable to 3,899 fewer hours worked per
permitting authority).  The Agency estimates federal costs for changes
to the parts 50 and 51 PSD/NSR program for the 3 years of the ICR will
be approximately $93,300 to review minor and major NSR permits during
the term of this ICR, or $111 in costs attributable to about 3 more
burden hours per source (or $93,300 attributable to 2,161 more hours
worked by the Agency, which is the lone federal entity).   

2	Need and Use of the Collection

2.1	Need/Authority	In implementing title V of the Act and EPA’s part
70 operating permits 

for the 		regulations, state and local permitting authorities must
develop programs

Collection		and submit them to EPA for approval (section 502(d)). 
Sources subject to the program must prepare operating permit
applications and submit them to the permitting authority within one year
after approval of the program by EPA (section 503).  Permitting
authorities will then issue permits (section 503(c)) and thereafter
enforce, revise, and renew those permits at least every 5 years (section
502(b)(5)).  Permit applications and proposed permits will be provided
to, and are subject to review by, EPA (section 505(a)).  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)).  Sources will submit monitoring reports semi-annually and
compliance certification reports annually to the permitting authorities
(section 503(b)(2)).  The EPA has the responsibility to oversee
implementation of the program (section 502(c)).  Sources seeking
flexible air permits are subject to the same requirements.  This ICR
will address only the incremental burden and cost associated with
flexible permits.

Section 110 of the CAA requires all states to submit an implementation
plan which contains a preconstruction review program for all 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 construction of major sources and modifications. 
Part C, also known as the PSD rules, outlines specific construction
requirements for new and modified sources constructing in attainment
areas; and part D, also known as NA NSR rules, provides requirements for
sources constructing in nonattainment areas.  The PSD rules require a
demonstration of best available technology (BACT) and that the NAAQS and
increments will not be exceeded, and the protection of federal Class I
areas from adverse impacts.  The NSR rules require a demonstration of
lowest achievable emission rate (LAER), a certification that all major
sources owned by the same entity are in compliance, and compliance with
specific statutory offset ratios.  The requirements of the CAA for minor
NSR programs require much less prescriptive, requiring only that states
assure that new minor sources and minor modifications do not cause or
contribute to violation of the NAAQS.  This ICR will address the
incremental burden and cost associated with flexible permit sources that
seek a minor NSR, NA NSR, or PSD permit and also avoid future minor NSR,
NA NSR, and PSD permit processing.     

2.2	Practical		The burden estimates included in this ICR include the
total incremental

Utility/Users of	burden of implementing the parts 70 and 71 operating
permits programs 

the Data 		and parts 51/52 NSR program for flexible air permits.  For
the 3-year period covered by this ICR, all state part 70 operating
permit programs (including those portions of states for which an
operating permits program is being implemented by a local agency) have
been submitted to EPA and have been granted full approval.  The EPA part
71 program covers Indian country sources, sources on the Outer
Continental Shelf, and Deep Water Port sources.  All state and local
agencies have approved minor NSR and NA NSR programs, but several states
have not developed PSD programs; these states have been delegated
authority to implement the federal PSD program of part 52 (referred to
as “delegated states”).  The EPA implements the part 52 PSD program
in Indian country.

			

			In the final rulemaking we are making no changes to the NA NSR or PSD
rules.  We believe that no state and local agencies will need to revise
their title I NA NSR or PSD programs to begin issuing permits for major
NSR projects as discussed in the final preamble, to the extent that they
wish to do so.  Based on our experience with flexible permit pilots, we
anticipate that all permitting authorities will be able to issue
flexible part 70 permits under their existing title V operating permits
program without revision.  (None of the permitting authorities taking
part in the pilot permitting projects were precluded from issuing
flexible permits by their part 70 programs.)

For major sources to be constructed or modified in attainment or
nonattainment areas, the owner or operator of a facility must submit a
PSD or NA NSR application to the permitting authority.  Once the
application is complete, the permitting authority makes a preliminary
determination regarding the approvability of the permit application and
makes this determination, along with the application and supporting
information, available to the public for at least 30 days.  The public
then has an opportunity to comment on the provisions of the flexible
permit, after which the permitting authority will respond to public
comments and take action on the final permit.  

  				

2.3	Caveats and		The information included in this ICR is based upon the
best data sources 

Considerations	available to the Agency at this time.  However,
incomplete information regarding how many sources may seek, and be
eligible for, flexible permits, and sampling limitations imposed upon
the Agency by the Paperwork Reduction Act necessitated a certain amount
of extrapolation and “best-guess” estimations by 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 3 years of this ICR.  Instead, this ICR should be considered
a directionally correct assessment of the impact the flexible air
permitting approach of the operating permit program will have over the
next 3 years.  

Throughout this ICR, the reader will observe estimated values that show
accuracy to the single hour or dollar.  Because this ICR estimates the
expected impact of the flexible air permitting approaches on the
operating permit and NSR programs, reporting values at the single unit
value may 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.  To avoid the loss of information through rounding,
however, 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 of the impact the flexible air permitting approach of
the operating permit and NSR programs will have over the next 3 years.

Finally, readers should note that many of the increases in burden under
the rulemaking will occur in the first 3 years of implementation, which
are covered by this ICR, while many of the decreases in burden will
continue beyond the period covered by this ICR.  Consequently, this ICR
does not present the full net burden reduction that is expected to be
achieved by this rulemaking.

3	Non-Duplication, Consultation, and Other Collection Criteria

3.1	Non-Duplication	While much of the information requested under this
ICR existed prior to the creation of the operating permits program, an
operating permit for a source with a flexible air 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 has no leeway to not require 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. 

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 EISs 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.

3.2	Public Notice		 The proposal notice for this rulemaking was
published in the Federal

Requirements		Register on September 12, 2007 (72 FR 52206).  A 30-day
public comment period was provided for this ICR, during which all
affected parties were given the opportunity to comment on the burden
analysis.  No comments on the ICR were received.

3.3	Consultations		In preparing this ICR, EPA relied on information
gathered for developing ICR No. 1587.07 titled “Information Collection
Request for State Operating Permit Regulations (40 CFR Part 70);” ICR
No. 1713.06 titled “Information Collection Request for Part 71 Federal
Operating Permit Regulations;” and ICR No. 1230.23 titled
“Information Collection Request for Prevention of Significant
Deterioration and Nonattainment New Source Review (40 CFR Part 51 and
52).”  The EPA also employed information obtained from an in-depth
review of six pilot flexible permits.  After conducting our review, EPA
issued a report setting forth the results of the analysis.  A copy of
the report as well as individual pilot permit reviews can be found at: 
http://www.epa.gov/ttn/oarpg/t5pgm.html.

 													

3.4	Effects of Less	In general, the information collections included in
this ICR are one-time 

Frequent		submittals per activity (e.g., permit application, permit
issuance, permit

Collection		renewal).  The exceptions to this are avoided significant
and minor permit modifications under the operating permit program, which
EPA estimates at one significant modification per source per 5 years and
one to five minor modifications per source per year; avoided minor NSR
permits under the NSR program, which EPA estimates at zero to five per
source per year; and avoided PSD/NSR permits under the NSR program,
which EPA estimates at one per source per 5 years.  See section 6.3 of
this ICR for more information on these estimates.

 

3.5 	General 		  SEQ CHAPTER \h \r 1 None of the reporting or
recordkeeping requirements violate any of the 

Guidelines		regulations established by OMB at 5 CFR 1320.5.  Parts 51,
52, 70, and 71 require 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 titles I and 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. 		

3.6	Confidentiality	All information, other than confidential business
information, relating to the permitting of sources under the operating
permit and NSR programs and related to compliance monitoring are
required by section 503(e) of the Act to be subject to public review at
all times.  Section 70.4(b)(3)(viii) requires the permitting authority
to make available to the public any permitting information except that
entitled to protection from disclosure under section 114(c) of the Act. 
Protected information may be required to be submitted directly to EPA. 
Such information will be stored in EPA’s Confidential Business
Information office. 

3.7	Sensitive 		The consideration of sensitive questions (i.e., sexual,
religious, personal or

Questions		other private matters) is not applicable to the NSR or
operating permit programs.  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

4.1	Respondents		Respondents to this information collection come from
two groups: permitting authorities (PAs) and sources required to obtain
an operating permit and/or NSR permit.

All states are required by title V to develop a part 70 operating
permits program.  In many instances, local agencies administer a program
in their jurisdiction in lieu of the state and are thereby subject to
the same program requirements as states.  In total, there are 112 state,
territorial, and local agencies administering operating permits
programs.  Approximately twelve PAs have already been involved in
developing flexible air permits for operating permit sources as part of
EPA’s pilot program.  For sources located in Indian country and the
Outer Continental Shelf, for Deep Water Ports, and when permitting
authorities fail to administer the part 70 operating permit program, EPA
issues part 71 federal operating permits.  

Under title V, all major stationary sources must obtain an operating
permit.  However, not all major sources will be interested in pursuing a
flexible air permit.  Based on EPA’s pilot experience, sources most
likely to benefit from comprehensive flexible permitting techniques
(e.g., NSR projects and advance approval of changes subject to minor
NSR) include those facilities with short time-to-market demands; the
need to accommodate rapid shifts of product lines, processes, and
production levels; active manufacturing programs that require rapid and
iterative changes to operations and equipment; upcoming renovation or
expansion projects; and active pollution prevention programs with
continuous process improvements.  Additional sources are likely to
benefit from simpler flexible permitting techniques, such as alternative
operating scenarios (AOSs) and approved replicable methodologies (ARMs)
that do not involve NSR.

When the period covered by this ICR begins, EPA estimates that there
will be 16,668 sources subject to state and local part 70 programs.  The
EPA estimates that there are 123 part 71 sources.  This results in an
estimated total of 16,791 title V sources (i.e., the sum of part 70 and
part 71 sources).      

 

To determine the overall number of major sources likely to benefit from
a flexible permit, EPA conducted the following analysis.  From the
National Emission Inventory (NEI) database, we identified approximately
3,500 sources that both match the SIC codes identified in Table 1 and
are likely to be subject to title V permitting (i.e., are major sources
for criteria pollutants and/or HAPs).  We selected the SIC codes in
Table 1 based on the types of sources that took part in or inquired
about pilots.  (Such sources may benefit from the more comprehensive
flexible permits.)  This represents approximately 21 percent of the
total estimated sources subject to the operating permit program (i.e.,
3,500 potential flexible permit sources divided by 16,766 total parts
70/71 operating permit sources).  We do not believe that all sources in
these source categories share the characteristics of the pilot sources,
and therefore estimate that 10 percent of all sources will seek
comprehensive flexible permits involving an NSR project or minor NSR
advance approval.  We further estimate that an additional 20 percent of
all sources will seek simpler flexible permits that do not involve NSR. 
However, the commenters on the proposed Flexible Air Permits rule
indicated that many permitting authorities and sources are already
working together to create these types of flexible permits under the
existing regulatory framework.  Accordingly, for the purposes of this
ICR we estimate that 5 percent of all sources would seek a comprehensive
flexible permit absent the final Flexible Air Permits rule, and that
another 10 percent of all sources would seek simpler flexible permits
absent the rule.  As a result of the final Flexible Air Permits rule,
which clarifies and publicizes the availability of these flexible permit
approaches, we estimate that an additional 5 percent of sources will
seek comprehensive flexible permits and an additional 10 percent of
sources will seek simpler flexible permits.  See section 6.1 and Table 5
for more detailed information on the universe of respondents.

     

Table 1

Industry Sources Likely to Seek Comprehensive Flexible Permits



Industry Group	

SIC	

NAICS



Aerospace Manufacturing	

372	

336411, 336412, 332912, 336411, 335413



Automobile Manufacturing	

371	

336111, 336112, 336712, 336211, 336992, 336322, 336312, 33633, 33634,
33635, 336399, 336212, 336213



Industrial Organic Chemicals 	

286	

325191, 32511, 325132, 325192, 225188, 325193, 32512, 325199 



Converted Paper and Paperboard Products	

267	

322221, 322222, 322223, 322224, 322226, 322231, 326111, 326112, 322299,
322291, 322232, 322233, 322211



Magnetic Tape Manufacturing	

369	

334613



Petroleum Refining	

291	

32411



Other Coating Operations	

226, 229, 251, 252, 253, 254, 267, 358, 363	

313311, 313312, 314992, 33132, 337122, 337121, 337124, 337215, 337129,
37125, 337211, 337214, 337127, 322221, 322222, 322226, 335221, 335222,
335224, 335228, 333312, 333415, 333319



Paper Mills	

262	

322121, 322122



Pharmaceutical Manufacturing	

283	

325411, 325412, 325413, 325414



Printing and Publishing	

275	

323114, 323110, 323111, 323113, 323112, 323115, 323119



Semiconductors	

367	

334413



Specialty Chemical Batch Processes	

282, 283, 284, 285, 286,287, 289, 386	

3251, 3252, 3253, 3254, 3255, 3256,

3259, except 325131 and 325181.



4.2	Information		This ICR reflects all information collection activities
associated with the

Requested		changes to parts 70 and 71 operating permit programs and
parts 51 and 52 NSR program arising from flexible air permits. 
Following are lists of the data items submitted by sources and
permitting authorities and program activities performed by permitting
authorities and sources.  These lists include only those items and
activities that represent the incremental burden impact associated with
flexible air permitting.

4.2.1	Data Items		Table 2 lists the data items submitted by sources and
permitting authorities

Submitted		that are relevant to flexible permitting and pursuant to the
requirements of the parts 70 and 71 operating permit program and parts
51/52 NSR program.

Table 2

Data Items Submitted



Citation	

Data Item	

Recipient(s)



Sources



Parts 70/71	

Application for permits and permit renewals	

EPA and

Permitting

Authorities



	

Significant Permit Modifications





Minor Permit Modifications

	

Parts 51/52	

Minor NSR Application





PSD Application





NA NSR Application

	

Permitting Authorities



Part 70	

Application for permits and permit renewals	

EPA

	

Draft/proposed permits or permit renewals





Final permits

	

Parts 51/52	PSD Application



NA NSR Application

	

4.2.2	Activities		Table 3 lists activities relevant to flexible
permitting and pursuant to the requirements of parts 70/71 operating
permit program and parts 51/52 NSR program.

Table 3

Activities



Citation	Activities Relevant Under Traditional Permitting Scenario
Activities Relevant Under Flexible Permitting Scenario

Sources

Parts 70/71	Permit Application	Permit Application

	Draft Permit Preparation	Draft Permit Preparation

	Permit Renewal	Permit Renewal

	Significant Permit Modifications	Significant Permit Modifications

	Minor Permit Modifications

	Parts 51/52	Minor NSR	Minor NSR

	PSD 	PSD 

	NA NSR	NA NSR

Permitting Authorities

Part 70	Permit Application Review	Permit Application Review

	Draft Permit Preparation	Draft Permit Preparation

	Permit Renewal Preparation	Permit Renewal Preparation

	Interaction with EPA	Interaction with EPA

	Review of Significant Permit Modifications	Review of Significant Permit
Modifications

	Review of Minor Permit Modifications

	Parts 51/52	Review of minor NSR permit applications



Review of PSD permit applications



Review of NA NSR permit applications

	EPA

Part 70	Proposed Permit Review	Proposed Permit Review

	Interaction with Permitting Authorities	Interaction with Permitting
Authorities

	Review of Significant Permit Modifications	Review of Significant Permit
Modifications

Part 71	Permit Application Review	Permit Application Review

	Draft Permit Preparation	Draft Permit Preparation

	Permit Renewal Preparation	Permit Renewal Preparation

	Review of Significant Permit Modifications	Review of Significant Permit
Modifications

	Review of Minor Permit Modifications

	Parts 51/52	Review of minor NSR permits	Review of minor NSR permits

	Review of PSD permits	Review of PSD permits

	Review of NA NSR permits	Review of NA NSR permits

5	The Information Collected - Collection Methodology and Information
Management

5.1	Collection		The Agency will receive proposed permits or permit
revisions in hard copy

Methodology		or electronically, depending on permitting authority
capability.  Each EPA

and			Regional Office has determined with their permitting authorities
the most

Management		efficient system to exchange information.  There is no need
to maintain complete files of permit actions for public access since
these are maintained by permitting authorities.

5.2	Small Entity		EPA anticipates that small entities will not be
seeking flexible air permits. 

Flexibility		Therefore, 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 there are no adverse effects to be identified vis a vis
small entities and small businesses.  

5.3	Collection		Table 4 below lists the items identified in section
4.2.1 and their schedule

Schedule		for submission.



Table 4

Schedule for Data Items Submitted



Citation	

Data Item	

Schedule	

Recipient(s)



Sources	



Part 70	

Application for permits and permit renewals	

New permit applications: within one year after a source becomes subject
to the program.

Permit renewal applications: at least six months prior to the permit’s
expiration.	EPA and

Permitting Authorities

	

Significant Permit Modifications	No schedule; at each source’s
discretion.

	Parts 51/52	

PSD Application	

No schedule; at each source’s discretion dependent upon its
anticipated construction commencement date.	

EPA and

Permitting Authorities

	

NSR Application





Permitting Authorities	



Part 70	

Application for permits and permit renewals	

Submitted with the proposed permit or permit revision.	EPA

	

Draft/proposed permits or permit renewals	

Submitted when state wants to commence EPA review period.





Final permits	

Recommended soon after it is issued, but no formal deadline.

	

6	Estimating the Burden and Cost of the Collection

6.1	Estimating 		There are 112 permitting authorities within the United
States.  Forty-nine

the Number of	states operate as permitting authorities, with California
employing 34 local

Respondents		air quality management organizations in lieu of a statewide
permitting authority.  Puerto Rico, the Virgin Islands, and Washington
D.C. all have operating permit programs, and there are 26 county or
regional permitting authorities within states that operate in a manner
similar to that of California.  There are a similar number of state and
local reviewing authorities under minor and major NSR.

As described in section 4.1, EPA adopts the number of title V sources
identified in the part 70 and part 71 operating permits ICRs.  The EPA
estimates that 5 percent of the total 16,791 existing sources subject
to title V (i.e., approximately 840 sources) will obtain a
comprehensive flexible permit (a “Tier 1” permit) over the course of
the 3-year ICR period as a result of the final Flexible Air Permits
rule.  We define a Tier 1 flexible permit as one that involves advance
approval of physical or operational changes at the source, utilizing
either (1) an NSR project permit (which must be issued through major
NSR), or (2) a combination of minor NSR advance approvals with a PAL or
an emissions cap on potential emissions.  We further estimate that an
additional 10 percent of all existing sources and new sources subject
to title V (a total of approximately 1,694 sources) will seek simpler
flexible permits that incorporate alternative operating scenarios (AOSs)
and/or approved replicable methodologies (ARMs), but not advance
approval under major or minor NSR (“Tier 2” permits), as a result of
the final rule.  Table 5 presents EPA’s estimate of the number of
sources that will be issued Tier 1 and Tier 2 flexible permits in each
year of the 3-year ICR period.

         

Table 5

Number of Title V Sources Obtaining a Flexible Permit

Year	TIER 1	TIER 2	Total

	NSR Projects	Minor NSR	Total Tier 1	Existing Sources	New Sources	Total
Tier 2



PSD	NA NSR	AAs1	NAAs2





	1	56	14	105	105	280	559	5	564	844

2	56	14	105	105	280	560	5	565	845

3	56	14	105	105	280	560	5	565	845

TOTAL	168	42	315	315	840	1,679	15	1,694	2,534

1 Sources in attainment areas.

2 Sources in nonattainment area.



The figures in Table 5 are based on a number of assumptions.  The
following assumptions pertain to Tier 1 permits:

Approximately 25 percent of Tier 1 permits will be NSR project permits;
approximately 75 percent will be minor NSR/PAL/emissions cap permits. 
This assumption is based on the fact that most of the pilot permits were
of the latter type.

Of NSR project permits, approximately 80 percent will be PSD permits. 
Under NA NSR, sources are expected to be required to obtain offsets up
front for the full amount of the emissions increases allowed under the
NSR project permit although the emissions increases may occur years
later or not at all.  This makes NSR projects less attractive in
nonattainment areas.

Of the minor NSR/PAL/emissions cap Tier 1 permits, approximately half
will be issued to sources in attainment areas and half to sources in
nonattainment areas.  This estimate roughly mirrors the percentage of
the U.S. population that lives in ozone attainment and nonattainment
areas; there is no regulatory factor pushing in either direction.

All permitting authorities will be able to issue Tier 1 permits without
revising their PSD, NA NSR, or minor NSR programs.  Thus, Tier 1 permits
of all types will be issued in equal numbers in each year covered by the
ICR. 

Based on the preceding assumptions, EPA estimates that there will be 280
Tier 1 permits issued in each year covered by this ICR.  Of these, 70
will be major NSR project permits (56 PSD permits and 14 NA NSR permits)
and 210 will be minor NSR/PAL/emissions cap permits (105 in attainment
areas and 105 in nonattainment areas).

The following assumptions pertain to the estimated numbers of Tier 2
permits in each of the 3 years covered by this ICR:

Of the 16,791 existing sources subject to title V at the outset of the
3-year period covered by this ICR, 10 percent (about 1,679) will obtain
Tier 2 permits during the period.  Of the 50 new sources that become
subject to title V each year, 10 percent will have Tier 2 features
included in their initial permits (i.e., 5 per year for a total of 15
over the 3-year period of the ICR).

All permitting authorities will be able to issue Tier 2 permits without
revising their part 70 programs.  Thus, Tier 2 permits will be issued in
equal numbers in each year covered by the ICR.

Based on the preceding assumptions, EPA estimates that will be about 564
Tier 2 permits issued in the first year (to 559 existing sources and 5
new sources).  In addition, 565 Tier 2 permits will be issued in second
year and in the third year (to 560 existing sources and 5 new sources).

6.2	Estimating	Burden means the total time, effort, or financial
resources expended by

Burden	persons to generate, maintain, retain, disclose or provide
information to or for a federal agency.  This includes the incremental
time to develop a flexible air operating permit for facilities
interested in pursuing this option; as well as the incremental time
spent by permitting authorities and EPA to develop and ensure compliance
with the flexible permit.  The Agency estimates incremental burden based
on its experience with the flexible permitting pilot initiative and an
in-depth review of six pilot flexible permits.

    

6.2.1	Estimating 	To estimate the incremental source burden associated
with flexible air

Source 	permit preparation and applications, EPA assumes that flexible
permits 

Burden	fall into two tiers of permitting.  As discussed previously in
section 6.1, the Tier 1 flexibility provisions are more complicated
(i.e., include either a NSR project issued under major NSR or a
combination of minor NSR advance approvals and a PAL or cap on potential
emissions).  Accordingly, the Tier 1 permits entail a burden under the
NSR program to obtain the necessary NSR permit.  The estimated burden
for these NSR permits varies depending on whether the permit is a NSR
project permit or a minor NSR permit, and depending on whether the
source is located in an attainment area or nonattainment area for the
pollutant(s) involved.  The EPA’s estimates of the NSR permitting
burden associated with such permits are presented in Tables 6 and 7. 
As shown in the tables, for a PSD or NA NSR project permit, we estimate
a relatively small increase in burden over the current burden for a PSD
or NA NSR permit.  In the case of a minor NSR permit for a Tier 1
permit, we estimate a significant increase over the current burden for a
minor NSR permit, which is estimated to average 40 hours.  We believe
that in this situation, the permitting process and burden for minor NSR
permits for Tier 1 permits will be more similar to major NSR permits
than to typical minor NSR permits.

In addition to the NSR permitting burden, we estimate that each source
will incur an incremental burden to add the NSR permit terms and
conditions to its title V permit and to supplement these requirements
with terms and conditions to address any other applicable requirements
and to create AOSs and ARMs as necessary, thereby creating a Tier 1
flexible air permit.  This may occur either through a significant permit
modification (SPM) or at the time of permit renewal.  (We believe it
unlikely that new sources will pursue Tier 1 permits since new sources
typically are permitted and built to handle foreseeable growth.)  The
current burden assigned to an SPM is 80 hours, but we believe that 120
hours is a better estimate for a complicated, Tier 1 permit.  We
estimate an incremental burden of 80 hours for adding Tier 1 permit
terms and conditions at the time of title V permit renewal.  We assume
that half of the sources that obtain a Tier 1 permit will do so through
an SPM and the other half at permit renewal.

The EPA estimates that there will be significant burden reduction after
issuance of Tier 1 flexible air permits.  We estimate that each source
with a Tier 1 permit will avoid one major NSR permit action in the 5
years following issuance of the Tier 1 permit.  Each source also will
avoid the SPM that otherwise would have been required to add the major
NSR permit terms and conditions to its title V permit.  In addition, we
estimate that each source with a Tier 1 permit will avoid five minor NSR
permit actions per year.  Finally, we estimate that each source with a
Tier 1 permit will avoid five title V minor permit modifications (MPMs)
per year – approximately three that otherwise would have been required
to add minor NSR permit terms and conditions to the title V permit and
two additional MPMs each year for changes at the source that do not
involve minor or major NSR.  We do not believe that every minor NSR
permit necessitates an MPM for a variety of reasons.  Some permitting
authorities have implemented "merged programs" that accomplish NSR and
title V requirements in a single permit action.  In addition, group
processing of MPMs is permissible under part 70, and permitting
authorities may choose to merge minor NSR and title V permitting actions
on a case-by-case basis.  Lastly, some part 70 programs include
off-permit provisions, which may apply to some minor NSR permits so that
the source can wait until permit renewal to incorporate the minor NSR
permit requirements into the title V permit.  Table 8 presents the
incremental burden reduction for each type of permit action avoided as a
result of a flexible permit.

  SEQ CHAPTER \h \r 1 Tier 2 flexible air permits involve less
complicated title V permit terms and conditions (e.g., AOSs for known
process changes, ARMs).  They do not include advance approval under
minor or major NSR, and therefore do not result in any incremental
burden increases or decreases under the NSR program.  The EPA estimates
that each source will incur an incremental burden to add Tier 2
flexibility features to its title V permit, thereby creating a Tier 2
flexible air permit.  For existing sources, this may be accomplished
either with an SPM (with an incremental burden of 80 hours, the current
burden assigned to an SPM) or at the time of permit renewal (with an
incremental burden that we estimate at 60 hours).  We assume that half
of the existing sources that obtain a Tier 2 permit will do so through
an SPM and the other half at permit renewal.  New sources may
incorporate Tier 2 flexibility at initial permit issuance, at which time
we estimate they will incur an incremental burden of 60 hours.  After a
source obtains a Tier 2 flexible permit, we estimate that it avoids one
MPM per year.

The preceding burden estimates are based on EPA’s experience with
pilot permits.  We believe that our estimates of incremental burden
reduction are conservative in that our evaluation of six flexible permit
pilots describes the range of permit actions avoided from 5 for one
facility to 150 for another facility.   

  SEQ CHAPTER \h \r 1 Table 6

Source Respondent Burden Hours Under Parts 51/52 NSR Regulations for
Tier 1 Permits

 tc "Table 6-1

Industrial Respondent Burden and Cost (Annual) " \f D   in Attainment 
Areas

Activity	Current Burden per PSD Permit1	Burden per NSR Project PSD
Permit	Burden per Minor NSR/ PAL/Cap Permit

Preparation and Planning

        Determination of Compliance Requirements	170	170	130

        Obtain Guidance on Data Needs	120	120	90

        Preparation of BACT Engineering Analysis	102	153	40

Data Collection and Analysis

        Air Quality Modeling	200	200	50

Determination of Impact on Air Quality Related Values	100	100	0

        Post-construction Air Quality Monitoring	50	50	0

Permit Application

        Preparation and Submittal of Permit Application	60	60	50

        Public Hearings	24	39	24

        Revisions to Permit	40	40	20

TOTAL	866	932	404

1 United States Environmental Protection Agency.  Information Collection
Request for 40 CFR Parts 51 and 52 Prevention of Significant
Deterioration and Nonattainment New Source Review.  ICR No. 1230.23. 
2008, page 17.



  SEQ CHAPTER \h \r 1 Table 7

Source Respondent Burden Hours Under Parts 51/52 NSR Regulations for
Tier 1 Permits

 tc "Table 6-1

Industrial Respondent Burden and Cost (Annual) " \f D   in Nonattainment
Areas

Activity	Current Burden per NA NSR Permit1	Burden per NSR Project NA NSR
Permit	Burden per Minor NSR/ PAL/Cap Permit

Preparation and Planning

        Determination of Compliance Requirements	150	150	115

        Obtain Guidance on Data Needs	100	100	75

Data Collection and Analysis

        Preparation of LAER Engineering Analysis	52	52	20

        Demonstrate Offsets	52	52	0

        Prepare Analysis of Alternative Sites, Processes, etc.	60	60	0

        Air Quality Modeling	130	130	20

Permit Application

        Preparation and Submittal of Permit Application	49	49	38

        Public Hearings	25	40	25

        Revisions to Permit	24	24	12

TOTAL	642	657	305

1 United States Environmental Protection Agency.  Information Collection
Request for 40 CFR Parts 51 and 52 Prevention of Significant
Deterioration and Nonattainment New Source Review.  ICR No. 1230.23. 
2008, page 17.





Table 8

Source Incremental Burden Hour Reductions by Activity Avoided



Activity Avoided	

Current Burden1, 2	

Flexible Permitting Burden 	

Incremental Burden Reduction



Parts 70/71: Operating Permit Regulations



Significant Permit Modification	

80	

0	

-80



Minor Permit Modification	

40	

0	

-40



Parts 51/52



Minor NSR Permit	

40 (8 to 120)	

0	

-120



PSD Permit 	

866	

0	

-866



NA NSR Permit	

642	

0	

-642

1 Parts 70/71 current burdens from Information Collection Request for
Part 70 Operating Permit Regulations.  ICR No. 1587.07.  United States
Environmental Protection Agency.  April 2007, page 11.

2 Parts 51/52 current burdens from Information Collection Request for 40
CFR Parts 51 and 52 Prevention of Significant Deterioration and
Nonattainment New Source Review.  ICR No. 1230.17.  United States
Environmental Protection Agency.  2008, pages 11 and 17.



Additional assumptions or purposes of estimating burden reductions:

Sources with Tier 1 permits avoid one major NSR permit and one
associated SPM per 5 years.  For purposes of the 3 years covered by this
ICR, we assume that 20 percent of sources will avoid a major NSR permit
and SPM for each year that they have a Tier 1 permit.  Thus, of sources
that receive a Tier 1 permit in the first year under this ICR,
60 percent will avoid a major NSR permit and SPM over the course of the
3 years covered by this ICR (i.e., 20 percent per year).  Forty percent
of the sources that receive Tier 1 permits in the second year and 20
percent of the third year sources will avoid a major NSR permit and SPM
during the 3 years covered by this ICR.

Sources with Tier 1 permits avoid five minor NSR permits and five MPMs
in each full year after receiving the Tier 1 permit.  In the year that
sources receive a Tier 1 permit, we assume that they avoid an average of
two minor NSR permits and two MPMs to account for the fact that the Tier
1 permit could be issued at any point in the year.  For sources with
Tier 2 permits, we assume that they avoid 1 MPM each year, including the
year that they receive the permit.

For each minor NSR permit that a source avoids as a result of its Tier 1
permit, we estimate that its burden is reduced by 120 hours.  The
current burden assigned to sources for a minor NSR permit is 40 hours. 
However, the current 40-hour burden is said to be a weighted average,
where the burden for a single permit may vary between 8 and 120 hours
depending on the complexity of the permit action.  We believe that the
minor NSR permits that are avoided by sources that choose to undertake
the effort to obtain a Tier 1 permit (so that they can avoid such minor
NSR permits) will tend to be of the most complex sort.

6.2.2	Estimating 	To estimate the incremental permitting authority
burden associated with 

Permitting	flexible permits, we begin again with the burden associated
with the NSR 

Authority	permits that underlie Tier 1 flexible air permits.  As
discussed in 

Burden	section 6.2.1, there are four types of such NSR permits – NSR
project PSD permits, minor NSR permits in attainment areas, NSR project
NA NSR permits, and minor NSR permits in nonattainment areas.  The
EPA’s estimate of the burden associated with these permitting actions,
as compared with the current burden for PSD and NA NSR permits, is
presented in Tables 9 and 10.

To complete a Tier 1 flexible permit, we believe that the permitting
authority will incur an incremental burden hours to incorporate the NSR
permit terms and conditions into the source’s title V permit along
with necessary additional title V flexibility terms and conditions. 
This title V permit action may occur through an SPM or at the time of
permit renewal.  The current burden associated with an SPM is 90 hours,
and we estimate 90 hours for an SPM to address a Tier 1 permit.  We
estimate an incremental burden of 60 hours for Tier 1 permits created
during the title V permit renewal process.  As noted above in section
6.2.1, we assume that half of the sources that obtain a Tier 1 permit
will do so through an SPM and the other half at permit renewal, and
these same proportions carry through for the associated permitting
authorities.

After the added burden associated with issuing flexible permits,
permitting authorities will experience a significant burden reduction as
a result of major and minor NSR permits and the associated title V SPMs
and MPMs that will subsequently be avoided.  See section 6.2.1 above for
a discussion of EPA’s estimate of the numbers of each such permitting
action that will be avoided by Tier 1 sources and, therefore, their
permitting authorities.  See Table 11 for our estimate of the
incremental burden reduction for permitting authorities when each type
of permit is avoided.  The same assumptions regarding the timing of
burden reductions presented at the end of section 6.2.1 apply also to
permitting authorities.  For each minor NSR permits that is avoided, we
estimate that the permitting authority's burden is reduced by 90 hours
because we believe that the minor NSR actions that are avoided would
tend to be of the most complex sort.

The EPA estimates that permitting authorities will incur an incremental
burden for each source to which they issue a Tier 2 flexible air permit
under title V.  For existing sources, this may be accomplished either
with an SPM (with an incremental burden of 60 hours) or at the time of
permit renewal (with an incremental burden that we estimate at 45
hours).  Although the current burden assigned to an SPM for a permitting
authority is 90 hours, we believe that Tier 2 permits typically will not
require this level of effort for permitting authorities.  Rather, we
believe that most of the complexities of the permit will be addressed by
the source in its application.  In addition, permitting authorities and
source that commented on the proposed rulemaking indicated that many
permitting authorities already issue flexible permits using these types
of approaches and are, therefore, very familiar with them.  Again as
noted above in section 6.2.1, we assume that half of the existing
sources that obtain a Tier 2 permit will do so through an SPM and the
other half at permit renewal, and these same proportions carry through
for the associated permitting authorities.  New sources may incorporate
Tier 2 flexibility at initial permit issuance, at which time we estimate
they will incur an incremental burden of 45 hours.  After a source
obtains a Tier 2 flexible permit, we estimate that the source and the
permitting authority avoid one MPM per year.

The EPA estimates that no state and local permitting authorities will
need to prepare modifications to their SIPs to add NSR project
provisions.  In addition, we estimate that no permitting authorities
will determine that they need to revise their part 70 rules in order to
be able to issue flexible title V permits.  

  SEQ CHAPTER \h \r 1 Table 9

State and Local Permitting Authority Respondent Burden Hours Under Parts
51/52 NSR Regulations for Tier 1 Permits tc "Table 6-1

Industrial Respondent Burden and Cost (Annual) " \f D   in Attainment
Areas

Activity	Current Burden per PSD Permit1	Burden per NSR Project PSD
Permit	Burden per Minor NSR/ PAL/Cap Permit

Attend Preapplication Meetings	  SEQ CHAPTER \h \r 1 36	45	30

Answer Respondent Questions	20	25	18

Log In and Review Data Submissions	16	16	12

Request Additional Information 	8	8	5

Analyze for and Provide Confidentiality Protection	24	24	18

Prepare Completed Applications for Processing	38	48	32

File and Transmit Copies 	8	8	8

Prepare Preliminary Determination	36	45	24

Prepare Notices for and Attend Public Hearings	40	55	40

Application Approval	48	60	40

Notification of Applicant of PA Determination	8	8	8

Submittal  of Information  on BACT / LAER to RBLC	19	19	0

TOTAL	301	361	235

1 United States Environmental Protection Agency.  Information Collection
Request for 40 CFR Parts 51 and 52 Prevention of Significant
Deterioration and Nonattainment New Source Review.  ICR No. 1230.23. 
2008, page 18.





  SEQ CHAPTER \h \r 1 Table 10

State and Local Permitting Authority Respondent Burden Hours Under Parts
51/52 NSR Regulations for Tier 1 Permits  tc "Table 6-1

Industrial Respondent Burden and Cost (Annual) " \f D   in Nonattainment
Areas

Activity	Current Burden per NA NSR Permit1	Burden per NSR Project NA NSR
Permit	Burden per Minor NSR/ PAL/Cap Permit

Attend Preapplication Meetings	  SEQ CHAPTER \h \r 1 7	9	6

Answer Respondent Questions	10	12	9

Log In and Review Data Submissions	10	10	6

Request Additional Information 	4	4	3

Analyze for and Provide Confidentiality Protection	4	4	3

Prepare Completed Applications for Processing	16	20	12

File and Transmit Copies 	4	4	4

Prepare Preliminary Determination	10	13	8

Prepare Notices for and Attend Public Hearings	18	33	18

Application Approval	21	26	16

Notification of Applicant of PA Determination	2	2	2

Submittal  of Information  on BACT / LAER to RBLC	21	21	0

TOTAL	127	158	87

1 United States Environmental Protection Agency.  Information Collection
Request for 40 CFR Parts 51 and 52 Prevention of Significant
Deterioration and Nonattainment New Source Review.  ICR No. 1230.23. 
2008, page 18



Table 11

State and Local Permitting Authority Incremental Burden Hour Reductions
by Activity Avoided



Activity Avoided	

Current Burden1, 2	

Flexible Permitting Burden 	

Incremental Burden Reduction



Part 70: Operating Permit Regulations



Significant Permit Modification	

90	

0	

-90



Minor Permit Modification	

30	

0	

-30



Parts 51/52



Minor NSR Permit	

30 (6 to 90)	

0	

-90



PSD Permit 	

301	

0	

-301



NA NSR Permit	

127	

0	

-127

1 Parts 70/71 current burdens from Information Collection Request for
Part 70 Operating Permit Regulations. ICR No. 1587.07.  United States
Environmental Protection Agency.  April 2007, page 18.

2 Parts 51/52 current burdens from Information Collection Request for 40
CFR Parts 51 and 52 Prevention of Significant Deterioration and
Nonattainment New Source Review.  ICR No. 1230.23.  United States
Environmental Protection Agency.  2008, pages 11 and 18.



6.2.3	Estimating 	The EPA provides oversight to the NSR program,
reviewing major NSR 

EPA		permits and selected minor NSR permits.  Our estimate of the burden


Burden	incurred by the Agency associated with the review of the NSR
permits underlying Tier 1 flexible air permits is presented in Table
12.  

The EPA also provides oversight to the state and local permitting
authorities’ part 70 programs.  We believe that that the Agency will
incur an incremental burden in this role for each Tier 1 part 70
flexible permit, which may be created with an SPM or at permit renewal. 
The current EPA burden associated with reviewing each SPM is 8 hours,
but we estimate 12 hours to review an SPM for a Tier 1 permit.  In
addition, EPA typically consults with permitting authorities during
development of about 25 percent of SPMs.  We estimate that for Tier 1
permits such consultations will require 12 hours (versus 8 hours for a
typical SPM).  Thus, consultations will average about 3 hours per Tier 1
permit that is accomplished by way of an SPM, for a total of 15 hours
for each such permit.  We estimate an incremental burden of 10 hours for
EPA review of Tier 1 permits created during the title V permit renewal
process.  As noted above in section 6.2.1, we assume that half of the
sources that obtain a Tier 1 permit will do so through an SPM and the
other half at permit renewal, and these same proportions carry through
for EPA's review and consultation.

After Tier 1 flexible permit have been issued, EPA will experience
incremental burden reductions associated with the major and minor NSR
permits and SPMs and MPMs that the sources with Tier 1 permits will
avoid in the ensuing years.  See Table 13 for our estimate of the
incremental burden reduction for EPA when each type of permit is
avoided.  See section 6.2.1 above for a discussion of EPA’s estimate
of the numbers of each such permitting action that will be avoided by
Tier 1 sources.  The same assumptions regarding the timing of burden
reductions presented at the end of section 6.2.1 apply also to EPA.

The EPA believes that the Agency will incur incremental burden for each
Tier 2 flexible permit issued under part 70.  Existing sources may
obtain a Tier 2 part 70 permit either with an SPM or at the time of
permit renewal.  Again as noted above in section 6.2.1, we assume that
half of the existing sources that obtain a Tier 2 permit will do so
through an SPM and the other half at permit renewal, and these same
proportions carry through for EPA's review and consultation.  New
sources may incorporate Tier 2 flexibility at initial permit issuance. 
For SPMs, we estimate that EPA's burden will be 10 hours, which is based
on the existing burden for an SPM (8 hours) plus an average of 2 hours
per permit incurred for consultations with the permitting authority
(consulting on 25 percent of the permits; 8 hours per consultation). 
For review of Tier 2 permits created at the time of permit renewal or
initial permit issuance, we estimate EPA's incremental burden at 8 hours
per permit.  After a source obtains a Tier 2 flexible permit, we
estimate that the source and the Agency avoid action on one MPM per
year. 

As noted previously, we believe that no permitting authorities will have
to revise their NSR SIPs or part 70 programs to enable them to issue
flexible permits.  Thus, EPA will not be required to review and approve
SIP or part 70 program revisions.  

In addition to EPA’s oversight role under part 70, the Agency acts as
a permitting authority under part 71.  In this role, EPA will experience
the same level of burden and burden reduction for each permitting action
that is discussed above in section 6.2.2.  The EPA currently administers
part 71 permits for approximately 123 existing sources.  Thus,
approximately 6 (i.e., 5 percent) are estimated to obtain Tier 1
flexible permits during the 3 years covered by this ICR, and
approximately 12 (i.e., 10 percent) are estimated to obtain Tier 2
flexible permits during the period.

  SEQ CHAPTER \h \r 1 Table 12

Agency Burden Hours Under Parts 51/52 NSR Regulations for Tier 1
Permits

Activity	Current Burden per Major NSR Permit1	Burden per NSR Project
Permit	Burden per Minor NSR/ PAL/Cap Permit

Attainment Areas

  SEQ CHAPTER \h \r 1 Review and Verify Applicability Determination	 
SEQ CHAPTER \h \r 1 2	2	2

  SEQ CHAPTER \h \r 1 Review Control Technology Determination	4	5	2

  SEQ CHAPTER \h \r 1 Evaluate Air Quality Monitoring 	4	4	0

  SEQ CHAPTER \h \r 1 Evaluate Alternative and Secondary Impact Analysis
2	2	2

  SEQ CHAPTER \h \r 1 Evaluate Class I Area Analysis	2	2	0

  SEQ CHAPTER \h \r 1 Administrative Tasks 	1	1	1

TOTAL	15	16	7

Nonattainment Areas

  SEQ CHAPTER \h \r 1 Review and Verify Applicability Determination	2	2
2

  SEQ CHAPTER \h \r 1 Review Control Technology Determination	4	5	2

  SEQ CHAPTER \h \r 1    SEQ CHAPTER \h \r 1 Evaluate Offsets	1	1	0

Evaluate Air Quality Monitoring   SEQ CHAPTER \h \r 1 	5	5	0

Evaluate Alternative and Secondary Impact Analysis   SEQ CHAPTER \h \r 1
	3	3	2

  SEQ CHAPTER \h \r 1 Administrative Tasks 	1	1	1

TOTAL	16	17	7

1 United States Environmental Protection Agency.  Information Collection
Request for 40 CFR Parts 51 and 52 Prevention of Significant
Deterioration and Nonattainment New Source Review.  ICR No. 1230.23. 
2008, page 19



Table 13

Agency Incremental Burden Hour Reductions by Activity Avoided



Activity Avoided	

Current Burden1, 2	

Flexible Permitting Burden 	

Incremental Burden Reduction



Part 70: Operating Permit Regulations



Significant Permit Modification	

8	

0	

-8



Minor Permit Modification	

1	

0	

-1



Parts 51/52



Minor NSR Permit3   SEQ CHAPTER \h \r 1 	

2	

0	

-2



PSD Permit 	

15	

0	

-15



NA NSR Permit	

16	

0	

-16

1  Parts 70/71 current burdens from Information Collection Request for
Part 70 Operating Permit Regulations.  ICR No. 1587.07.  United States
Environmental Protection Agency.  April 2007, page 18.

2  Parts 51/52 current burdens from Information Collection Request for
40 CFR Parts 51 and 52 Prevention of Significant Deterioration and
Nonattainment New Source Review.  ICR No. 1230.23.  United States
Environmental Protection Agency.  January 2008, page 19.

3  Synthetic/netting-based minor NSR permits; about 4 percent of total
minor NSR permits.



6.3	Estimating Costs

6.3.1	Estimating	The purpose of this ICR is to estimate the incremental
change in burden 

Source	and cost as compared to the three approved collections that the
flexible air 

Costs		permits rulemaking will affect.  For this reason, EPA adopts the
source wage rates estimated in the approved collections for that portion
of the incremental burden that affects each respective collection.  That
is, we apply the source wage rate in the part 70 ICR renewal to the part
70 incremental burden hours, the part 71 wage rate to the part 71
incremental burden hours, and the parts 51/52 wage rate to the parts
51/52 incremental burden hours.  These hourly wages are as follows:

Part 70:  $38/hr based on in-house labor for all permitting task except
the initial permit applications.  For the initial permit application,
which applies only to new sources obtaining a Tier 2 permit, the wage
rate is $143/hr.

Part 71:  Same as part 70 rates.

Parts 51/52:  $97.61 



The EPA estimates that this rulemaking will have no effect on capital
costs or operation & maintenance (O&M) costs in any of the approved ICRs
affected by this rulemaking.  Thus, the incremental capital and O&M
costs are zero, and labor costs constitute the entire incremental cost
of the rulemaking to sources.

Section 6.2.1 above describes the incremental burden for each flexible
permitting source.  Table 14 below includes the total burden and cost
and the average annual burden and cost for Tier 1 and Tier 2 permits and
for each program (parts 51/52, part 70, and part 71). 

6.3.2	Estimating 	To best compare the incremental impacts to the
existing, approved 

Permitting	collections, EPA adopts the permitting authority wage rates
estimated in the 

Authority	respective approved collections.  Similarly, we adopt the
labor rates for 

and Agency	EPA used in each of these existing, approved ICRs.  These
rates are as 

Costs		follows:

Part 70:  $45/hr for both permitting authorities and EPA.

Part 71:  Same as part 70 rates.

Parts 51/52:  $77.22 for permitting authorities; $43.17 for EPA.

As discussed above for sources, we estimate that this rulemaking will
not affect capital costs or operation & maintenance (O&M) costs for
permitting authorities or EPA.  Thus, the incremental capital and O&M
costs are zero, and labor costs constitute the entire incremental cost
of the rulemaking to permitting authorities and EPA.

Sections 6.2.2 and 6.2.3 above describe the incremental burden
associated with flexible permitting for permitting authorities and EPA. 
Tables 15 and 16 below include the permitting burden in hours and costs
for permitting authorities and EPA.  

Table 14

Source Burden and Cost, 3-Years

Information Collection Activity	Incremental Burden

(hr/activity)	No. of Respondents/Frequency	Labor Cost ($/hr)	Total Hours
Total Cost

($)	Annual Hours	Annual Cost

($)



Year 1	Year 2	Year 3







	TIER 1 FLEXIBLE PERMITS

Parts 51/52:  NSR Regulations

NSR Project – PSD	932	56	56	56	97.61	156,576	15,283,383	    52,192
5,094,461 

Minor NSR – AA	404	105	105	105	97.61	127,260	12,421,849	42,420
4,140,616

NSR Project – NA NSR	657	14	14	14	97.61	27,594	2,693,450	9,198	897,817

Minor NSR - NAA	305	105	105	105	97.61	96,075	9,377,881	32,025	3,125,960

PSD avoided (1 in 5 yrs)1	-866	32	64	97	97.61	-167,138	-16,314,340
-55,713	-5,438,113

NAA NSR avoided (1 in 5 yrs)2	-642	24	48	71	97.61	-91,806	-8,961,184
-30,602	-2,987,061

Minor NSR avoided (5/yr)3	-120	560	1,960	3,360	97.61	-705,600
-68,873,616	-235,200	-22,957,872

NSR SUBTOTAL





-557,039	-54,372,577	-185,680	-18,124,192

Parts 70/71:  Title V Regulations

Tier 1 Flexible Air Permit-SPM	120	140	140	140	38	50,400	1,915,200
16,800	638,400

Tier 1 Flexible Air Permit-Permit Renewal	80	140	140	140	38	33,600
1,276,800	11,200	425,600

SPM avoided (1 in 5 yrs)4	-80	56	112	168	38	-26,880	-1,021,440	-8,960
-340,480

MPM avoided (5/yr)5	-40	560	1,960	3,360	38	-235,200	-8,937,600	-78,400
-2,979,200

TITLE V SUBTOTAL





-178,080	-6,767,040	-59,360	-2,255,680

TIER 1 TOTAL





-735,119	-61,139,617	-245,040	-20,379,872

TIER 2 FLEXIBLE PERMITS

Parts 70/71:  Title V Regulations

Tier 2 Flexible Permit – new sources	60	5	5	5	143	900	128,700	300
42,900

Tier 2 Flexible Permit – existing sources- SPM	80	280	280	280	38
67,200	2,553,600	22,400	851,200

Tier 2 Flexible Permit – existing sources- Permit Renewal	60	279	280
280	38	50,340	1,912,920	16,780	637,640

MPM avoided (1/yr)6	-40	564	1,129	1,694	38	-135,480	-5,148,240	-45,160
-1,716,080

TIER 2 TOTAL – Parts 70/71





-17,040	-553,020	-5,680	-184,340

TOTALS BY PROGRAM

Parts 51/52:  NSR Regulations





-557,039	-54,372,577	-185,680	-18,124,192

Parts 70/71:  Title V Regulations





-195,120	-7,320,060	-65,040	-2,440,020

Part 70 alone7





-193,754	-7,268,820	-64,585	-2,422,940

Part 71 alone7





-1,366	-51,240	-455	-17,080

1  Of sources in attainment areas that receive Tier 1 permits in Year 1,
an average of 20% avoid 1 PSD permit in each year of the ICR. 
Similarly, an average of 20% of sources that receive a Tier 1 permit in
Year 2 avoid 1 PSD in each of Years 2 and 3 of the ICR, and an average
of 20% of sources that receive a Tier 1 permit in Year 3 avoid 1 PSD
permit in Year 3.  The number of sources in attainment areas that
receive Tier 1 permits in each year of the ICR is (NSR Project PSD +
minor NSR AA) for that year.  Thus, for example, the total number of PSD
permits avoided in Year 3 is 20% of the sources that received a Tier 1
permit in Year 1 (0.2 x 161 = 32.2) plus 20% of the sources that
received a Tier 1 permit in Year 2 (0.2 x 161 = 32.2) plus 20% of the
sources that received a Tier 1 permit in Year 3 (0.2 x 161 = 32.2),
for a total of 96.6 PSD permits avoided, which rounds to 97.  

2  Calculated the same as above in footnote 1 except that NA NSR permits
are avoided by sources in nonattainment areas that receive Tier 1
permits (NSR Project NAA NSR + minor NSR NAA).

3  In the year that a source receives a Tier 1 permit, it avoids an
average of 2 minor NSR permits (to account for when in the year the Tier
1 permit was issued), regardless of whether the source is in an
attainment area or nonattainment area.  In each subsequent full year
that it has the Tier 1 permit, the source avoids 5 minor NSR permits. 
Thus, for example, in Year 3 the 280 sources that received Tier 1
permits in Year 1 avoid 1,400 minor NSR permits, the 280 sources that
received permits in Year 2 avoid 1,400 minor NSR permits, and the 280
sources that received permits in Year 3 avoid 560 minor NSR permits, for
a total of 3,360 minor NSR permits avoided.

4  Calculated the same as above in footnote 1 except that SPMs are
avoided by sources in attainment and nonattainment areas that receive
Tier 1 permits.  

5  Calculated the same as above in footnote 3.  

6  Calculated the same as above in footnote 3 except that each source
with a Tier 2 permit avoids 1MPM per year.

7  Calculated using ratio of part 71 permits to all title V permits
(123/16,791 = 0.007) to apportion the total for parts 70/71 to part 70
and part 71.

 



Table 15

Permitting Authority Burden and Cost, 3-Years

Information Collection Activity	Incremental Burden

(hr/activity)	No. of Respondents/Frequency	Labor Cost ($/hr)	Total Hours
Total Cost

($)	Annual Hours	Annual Cost

($)



Year 1	Year 2	Year 3







	TIER 1 FLEXIBLE PERMITS

Parts 51/52:  NSR Regulations

NSR Project – PSD	361	56	56	56	77.22	60,648 	4,683,239	20,216
1,561,080

Minor NSR – AA	235	105	105	105	77.22	74,025	5,716,211	24,675	1,905,404

NSR Project – NA NSR	158	14	14	14	77.22	6,636	512,432	2,212	170,811

Minor NSR - NAA	87	105	105	105	77.22	27,405	2,116,214	9,135	705,405

PSD avoided (1 in 5 yrs)	-301	32	64	97	77.22	-58,093	-4,485,941	-19,364
-1,495,314

NAA NSR avoided (1/5yrs)	-127	24	48	71	77.22	-18,136	-1,400,431	-6,045
-466,810

Minor NSR avoided (5/yr)	-90	560	1960	3360	77.22	-529,200	-40,864,824
-176,400	-13,621,608

NSR SUBTOTAL





-436,715	-33,723,132	-145,572	-11,241,044

Parts 70/71:  Title V Regulations

Tier 1 Flexible Air Permit-SPM	90	140	140	140	45	37,800	1,701,000	12,600
567,000

Tier 1 Flexible Air Permit-Permit Renewal	60	140	140	140	45	25,200
1,134,000	8,400	378,000

SPM avoided (1 in 5 yrs)	-90	56	112	168	45	-30,240	-1,360,800	-10,080
-453,600

MPM avoided (5/yr)	-30	560	1,960	3,360	45	-176,400	-7,938,000	-58,800
-2,646,000

TITLE V SUBTOTAL





-143,640	-6,463,800	-47,880	-2,532,600

TIER 1 TOTAL





-580,355	-40,186,932	-193,452	-13,395,644

TIER 2 FLEXIBLE PERMITS

Parts 70/71:  Title V Regulations

Tier 2 Flexible Permit – new sources	45	5	5	5	45	675	30,375	225	10,125

Tier 2 Flexible Permit – existing sources- SPM	60	280	280	280	45
50,400	2,268,000	16,800	756,000

Tier 2 Flexible Permit – existing sources- Permit Renewal	45	279	280
280	45	37,755	1,698,975	12,585	556,325

MPM avoided (1/yr)	-30	564	1,129	1,694	45	-101,610	-4,572,450	-33,870
-1,524,150

TIER 2 TOTAL – Parts 70/71





-12,780	-575,100	-4,260	-191,700

TOTALS BY PROGRAM

Parts 51/52:  NSR Regulations





-436,715	-33,723,132	-145,572	-11,241,044

Parts 70/71:  Title V Regulations





-156,420	-7,038,900	-52,140	-2,346,300

Part 70 alone





-155,325	-6,989,628	-51,984	-2,329,876

Part 71 alone1





-1,095	-49,272	-365	-16,424

1 These values represent EPA burden and costs in its role as the part 71
permitting authority.  It is calculated based on the ratio of part 71
permits to all title V permits as explained in Note 7 on Table 14. 
These values are reproduced in Table 16.

See the notes on Table 14 for explanation of other calculations.



Table 16

Agency Burden and Cost, 3-Years

Information Collection Activity	Incremental Burden

(hr/activity)	No. of Respondents/Frequency	Labor Cost ($/hr)	Total Hours
Total Cost

($)	Annual Hours	Annual Cost

($)



Year 1	Year 2	Year 3







	TIER 1 FLEXIBLE PERMITS

Parts 51/52:  NSR Regulations – oversight

NSR Project – PSD	16	56	56	56	43.17	2,688	116,041	896	38,680

Minor NSR – AA	7	105	105	105	43.17	2,205	95,190	735	31,730

NSR Project – NA NSR	17	14	14	14	43.17	714	30,823	238	10,274

Minor NSR - NAA	7	105	105	105	43.17	2,205	95,190	735	31,730

PSD avoided (1 in 5 yrs)	-15	32	64	97	43.17	-2,898	-125,107	-966	-41,702

NAA NSR avoided (1/5 yrs)	-16	24	48	71	43.17	-2,285	-98,635	-762	-32,878

Minor NSR avoided (5/yr)1	-2	22	78	134	43.17	-468	-20,204	-156	-6,735

NSR SUBTOTAL





2,161	93,298	720	31,099

Part 70:  Title V Regulations - oversight

Tier 1 Flexible Air Permit-SPM	15	140	140	140	45	6,300 	283,500	2,100
94,500

Tier 1 Flexible Air Permit-Permit Renewal	10	140	140	140	45	4,200
189,000	1,400	63,000

SPM avoided (1 in 5 yrs)	-8	56	112	168	45	-2,688	-120,960	-896	-40,320

MPM avoided (5/yr)	-1	560	1,960	3,360	45	-5,880	-264,600	-1,960	-88,200

TITLE V SUBTOTAL





1,932	86,940	644	28,980

TIER 1 TOTAL





4,093	180,238	1,364	60,079

TIER 2 FLEXIBLE PERMITS

Part 70:  Title V Regulations - oversight

Tier 2 Flexible Permit – new sources	8	5	5	5	45	120	5,400	40	1,800

Tier 2 Flexible Permit – existing sources- SPM	10	280	280	280	45	8,400
378,000	2,800	126,000

Tier 2 Flexible Permit – existing sources- Permit Renewal	8	279	280
280	45	6,712	302,040	2,237	100,680

MPM avoided (1/yr)	-1	564	1,129	1,694	45	-3,387	-152,415	-1,129	-50,805

TIER 2 TOTAL – Part 70





11,845	533,025	3,948	177,675

PART 71:  PERMITTING AUTHORITY ROLE

Part 71 permitting for Tier 1 and Tier 2 flexible permits2	-1,095
-49,272	-365	-16,424

TOTALS BY PROGRAM

Parts 51/52:  NSR Oversight





2,161	93,298	720	31,099

Part 70:  Title V Oversight3





13,681	615,625	4,560	205,208

Part 71:  Permitting authority2





-1,095	-49,272	-365	-16,424

1 EPA typically reviews only about 4% of minor NSR permits.  Thus, the
overall number of such permits is multiplied by this factor.

2 See Table 15, footnote 1.

3 These values are calculated by multiplying the sum of the Tier 1 and
Tier 2 burden for EPA oversight of Part 70 programs by the ratio of Part
70 permits to Part 71 permits (0.993) to determine the actual burden to
EPA of such oversight.  For Part 71, EPA acts as the permitting
authority and incurs no burden for oversight.

See the notes on Tables 14 and 15 for explanation of other calculations.

6.3.3	Bottom 	Tables 6 through 13 display the activities of the parts
70/71 and 

Line  		parts 51/52 program for flexible permits for sources, permitting


Burden	authorities, and the federal government.  Tables 14, 15, and 16
display the 

Hours and	costs associated with each of these categories.  Table 17
below 

Costs		summarizes the estimated incremental burden and costs for
sources, permitting authorities, and the federal government for
implementation of flexible air permitting approaches under the title I
NSR Program and the title V Operating Permit Program for the 3 years. 
Note that the incremental costs are all incremental labor costs
associated with the changes in burden hours; none are capital or O&M
costs.

Table 17

Bottom Line Burden and Costs (Cost Savings), 3 Years

Years 1-3



Respondent	Total Hours	Total Cost

Sources	(752,159)	($61.7 million)

Permitting Authorities	(593,135)	($40.8 million)

EPA	14,747	$659,651



6.4	Changes in	The activities associated with implementing flexible
permits under  

the Burden	parts 70/71 and parts 51/52 represent incremental increases
and decreases in the burdens associated with conventional permitting. 
Tables 6 through 13 provide, for sources, permitting authorities, and
EPA, detailed burden hour increases and decreases by activity.

6.5	Burden	It is impractical to attempt to delineate burden by
respondent and activity

Statement	due to uncertainties associated with the number of potential
respondents, the variation in the circumstances for each respondent, and
the varied nature of the activities of the program.  Following is the
apportioned burden for each respondent.  This is derived from the total
permitting authority hourly burden divided by the number of permitting
authorities, and similarly for sources. 



Table 18

Burden Statement

Costs (Cost Savings)



	

Number of Respondents	

3-Year

Total Burden

(Cost Savings)	

3-Year 

Burden per Respondent

(Cost Savings)



Part 70



Sources	

2,516	

($7.3 million)	

($2,900)



Permitting Authorities	

112	

($7 million)	

($62,400)



Federal 	

1	

$615,600	

$615,600

Part 71

Sources	18	($51,200)	($2,800)

Federal	1	($49,300)	($49,300)



Parts 50 and 51 



Sources	

840	

($54.4 million)	

($64,700)



Permitting Authorities	

112	

($33.7 million)	

($301,100)



Federal	

1	

$93,300	

$93,300



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

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OAR-2004-0087, which is available for online viewing at  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the Air and Radiation Docket and Information Center in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays.  The telephone number for the Reading Room is (202)
566-1744, and the telephone number for the Air and Radiation Docket and
Information Center is (202) 566-1742.  An electronic version of the
public docket is available at www.regulations.gov.  This site can be
used to submit or view public comments, access the index listing of the
contents of the public docket, and to access those documents in the
public docket that are available electronically.  When in the system,
select “search,” then key in the Docket ID Number identified above. 
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number EPA-HQ-OAR-2004-0087 and OMB Control Number
2060-0336, 2060-0243, or 2060-0003 in any correspondence.

 United States Environmental Protection Agency.  Information Collection
Request for Part 70 Operating Permit Regulations.  ICR No. 1587.07. 
April 2007, page 14.

 United States Environmental Protection Agency.  Information Collection
Request for Part 71 Federal Operating Permit Regulations.  ICR No.
1713.06.  April 2007, page 11.

 The most recent finalized, quality-assured NEI is for 2002. 
Accordingly, for this calculation we used the number of major sources in
the Table 1 SIC codes from the 2002 NEI (approximately 3,500) and the
number of title V sources in September 2006 (16,643 part 70 sources
and 123 part 71 sources) to match the time frames as closely as possible
within the available data.

	 United States Environmental Protection Agency.  Information Collection
Request for 40 CFR Parts 51 and 52 Prevention of Significant
Deterioration and Nonattainment New Source Review.  ICR No. 1230.23. 
2008, page 17.

	 United States Environmental Protection Agency.  Information Collection
Request for Part 70 Operating Permit Regulations.  ICR No. 1587.07. 
April 2007, page 17.

 PAGE  iii 

INFORMATION COLLECTION REQUEST FOR CHANGES TO THE PART 70 OPERATING
PERMIT REGULATIONS, THE PART 71 OPERATING PERMIT REGULATIONS, AND THE
PARTS 51 and 52 PREVENTION OF SIGNIFICANT DETERIORATION AND
NONATTAINMENT NEW SOURCE REVIEW REGULATIONS FOR FLEXIBLE AIR PERMITS

  PAGE  1 

