[Federal Register: September 13, 2004 (Volume 69, Number 176)]
[Notices]
[Page 55152-55153]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se04-34]
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ENVIRONMENTAL PROTECTION AGENCY
[OAR-2004-0016, FRL-7811-8]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Federal Operating Permit
Regulations (40 CFR Part 71) (Renewal), ICR Number 1713.05, OMB Number
2060-0336
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. This ICR is scheduled to expire on October 31,
2004. Under OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at OMB. This ICR describes the nature of the information collection and
its estimated burden and cost.
DATES: Additional comments may be submitted on or before October 13,
2004.
ADDRESSES: Submit your comments, referencing docket ID number OAR-2004-
0016, to (1) EPA online using EDOCKET (our preferred method), by e-mail
to a-and-r-docket@epa.gov, or by mail to: Environmental Protection
Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket and
Information Center, Mail Code 6102T, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, and (2) OMB at: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: A. Scott Voorhees, Ph.D., Office of
Air Quality Planning and Standards, U.S. Environmental Protection
Agency, Mail Code C304-04, Research Triangle Park, NC 27711; telephone
number: (919) 541-5348; fax number: (919) 541-5509; e-mail address:
voorhees.scott@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On March 23, 2004 (69 FR 13522), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments.
EPA has established a public docket for this ICR under Docket ID
number OAR-2004-0016, which is available for public viewing at the Air
and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Reading Room is (202) 566-1744, and the telephone number for the Air
and Radiation Docket is (202) 566-1742. An electronic version of the
public docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.
Use EDOCKET 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.
Any comments related to this ICR should be submitted to EPA and OMB
within 30 days of this notice. EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing in EDOCKET as EPA receives them and without change,
unless the comment contains copyrighted material, confidential business
information (CBI), or other information whose public disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in EDOCKET. The entire
printed comment, including the copyrighted material, will be available
in the public docket. Although identified as an item in the official
docket, information claimed as CBI, or whose disclosure is otherwise
restricted by statute, is not included in the official public docket,
and will not be available for public viewing in EDOCKET. For further
information about the electronic docket, see EPA's Federal Register
notice describing the electronic docket at 67 FR 38102 (May 31, 2002),
or go to http://www.epa.gov/edocket.
Title: Federal Operating Permit Regulations (40 CFR part 71)
(Renewal).
Abstract: The part 71 program is a Federal operating permits
program that is being implemented for sources
[[Page 55153]]
located in Indian Country, Outer Continental Shelf sources, and also in
those areas without acceptable part 70 programs. Title V of the Clean
Air Act imposes on States the duty to develop, administer and enforce
operating permit programs which comply with title V and requires EPA to
stand ready to issue Federal operating permits when States fail to
perform this duty. Section 502(b) of the Act requires EPA to promulgate
regulations setting forth provisions under which States will develop
operating permit programs and submit them to EPA for approval. Pursuant
to this section, EPA promulgated 40 CFR part 70 on July 21, 1992 (57 FR
32250) which specifies the minimum elements of State operating permit
programs.
Pursuant to regulations promulgated by EPA on February 19, 1999 (64
FR 8247) EPA has authority to establish part 71 programs within Indian
Country and EPA began administering the program in Indian country on
March 22, 1999. Since many Indian tribes lack the resources and
capacity to develop operating permit programs, EPA is currently
administering and enforcing part 71 programs in the areas that comprise
Indian Country in order to protect the air quality of areas under
tribal jurisdiction.
The EPA intends to protect tribal air quality through the
development of implementation plans, permits programs and other means,
including direct assistance to tribes in developing comprehensive and
effective air quality management programs. The EPA will consult with
tribes to identify their particular needs for air program development
assistance and will provide ongoing assistance as necessary.
The EPA will also issue permits to ``outer continental shelf''
(OCS) sources (sources located in offshore waters of the United States)
pursuant to the requirements of section 328(a) of the Act. For sources
beyond 25 miles (40 km) of the States' seaward boundaries, EPA is the
permitting authority, and the provisions of part 71 will apply to the
permitting of those OCS sources. Permits for sources located within 25
miles of a State's seaward boundaries are issued by the Administrator
(or a State or local agency which has been delegated the OCS program in
accordance with 40 CFR part 55 of this chapter) pursuant to the part 70
or part 71 program which is effective in the corresponding onshore
area.
Investigation of the OCS ICR indicates currently there are only two
OCS sources which fall under the jurisdiction of the Federal program.
There are approximately 95 sources in Indian Country that require part
71 permits.
The EPA has the authority to establish a partial part 71 program in
limited geographical areas of a state if EPA has approved a part 70
program (or combination of part 70 programs) for the remaining areas of
the State. The EPA will promulgate a part 71 program for a permitting
authority if EPA finds that a permitting authority is not adequately
administering or enforcing its approved program and it fails to correct
the deficiencies that precipitated EPA's finding. The EPA may use part
71 in its entirety or any portion of the regulations, as needed.
Similarly, EPA may use only portions of the regulations to correct and
issue a State permit without, for example, requiring an entirely new
application. Section 71.4(f) also authorizes EPA to exercise its
discretion in designing a part 71 program. The EPA may promulgate a
part 71 program based on the national template described in part 71 or
may modify the national template by adopting appropriate portions of a
State's program as part of the Federal program for that State, provided
the resulting program is consistent with the requirements of title V.
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, and are
identified on the form and/or instrument, if applicable.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 14
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
Respondents/Affected Entities: Major air pollution sources subject
to part 71 programs.
Estimated Number of Respondents: 105.
Frequency of Response: Semi-annually, annually, and on occasion.
Estimated Total Annual Hour Burden: 24,077 hours.
Estimated Total Annual Costs: $1,165,475, which includes $0
annualized capital/startup costs, $0 annual O&M costs, and $1,165,475
annual labor costs.
Changes in the Estimates: There is an increase of 8,754 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This increase results from all 95 Indian country
sources having been already permitted compared to just 30 sources in
the previous burden estimate three years ago. Consequently, permit
revisions will occur for a larger subset of sources and renewal
activities will occur for the first time. This increase thus results
from adjustments to the estimates.
Dated: August 31, 2004.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 04-20600 Filed 9-10-04; 8:45 am]
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