SUPPORTING STATEMENT
                                    FOR THE
                           PART 71 FEDERAL OPERATING
                                PERMIT PROGRAM

                                 Jeff Herring
                            Operating Permits Group
                          Air Quality Policy Division
                 Office of Air Quality Planning and Standards
                          Office of Air and Radiation
                 United States Environmental Protection Agency
                 Research Triangle Park, North Carolina 27711

                             SUPPORTING STATEMENT
                                    FOR THE
                           PART 71 FEDERAL OPERATING
                                PERMIT PROGRAM

                               TABLE OF CONTENTS

                                                                          	Page

1.	IDENTIFICATION OF THE INFORMATION COLLECTION	1
1(a)	Title of the Information Collection Request (ICR)	1
1(b)	Short Characterization/Abstract	1
1(b)(i)	Federal program where there is no state, local or tribal program	1
1(b)(ii)	Federal program as a backstop for deficient state programs	2
1(b)(iii) Federal program for deficient state programs	2
2.	NEED FOR AND USE OF THE COLLECTION	2
2(a)	Need/Authority for the Collection	2
2(b)	Practical Utility/Users of the Data	3
2(c)	Caveats and Considerations	3
3.	NON-DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA	4
3(a)	Non-Duplication	4
3(b)	Public Notice Required Prior to ICR Submission to OMB	4
3(c)	Consultations	4
3(d)	Effects of Less Frequent Collection	5
3(e)	General Guidelines	5
3(f)	Confidentiality	6
3(g)	Sensitive Questions	6
4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	6
4(a)	Respondents/ Standard Industrial Classification (SIC) Codes	6
4(b)	Information Requested	7
4(b)(i) Data items, including recordkeeping requirements	8
4(b)(ii) Respondent activities	8
5.	THE INFORMATION COLLECTED  -  AGENCY ACTIVITIES, COLLECTION METHODOLOGY AND INFORMATION MANAGEMENT	10
5(a)	Agency Activities	10
5(b)	Collection Methodology and Management	10
5(c)	Small Entity Flexibility	10
5(d)	Collection Schedule	11
6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION	11
6(a)	Estimating Respondent Burden	11
6(b)	Estimating Respondent Costs	13
6(b)(i)	Estimating Labor Costs	13
6(b)(ii)	Estimating Capital and Operating and Maintenance (O&M) Costs	14
6(b)(iii)	Capital/Start-up vs. O&M Costs	14
6(b)(iv)	Annualizing Capital Costs	15
6(c)	Estimating Agency Burden and Cost	15
6(d)	Estimating the Respondent Universe and Total Burden and Costs	16
6(e) 	Bottom Line Burden Hours and Cost Tables	19
6(e)(i) Respondent Tally	24
6(e)(ii) The Agency Tally	25
6(e)(iii) Variations in the Annual Bottom Line	26
6(f) Reasons for Change in Burden	26
6(g) Burden Statement	27
Attachment 1:  THE STATUTORY REQUIREMENTS FOR RESPONDENT INFORMATION	29

Attachment 2:  DECEMBER 14, 2011 FEDERAL REGISTER NOTICE	40

                                LIST OF TABLES

                                                                          	Page

Table 1.	SIC and NAICS Codes for Part 71 Sources in Indian Country (as of October 30, 2006)	7

Table 2.	Average Source Burden by Activity	12

Table 3.	Average Permitting Authority Burden by Activity	12

Table 4.	Average EPA Burden by Activity for Oversight of Delegate Agencies	16

Table 5.	Existing and Projected Part 71 Sources	17

Table 6.	Baseline Burden and Cost of Source Activities	18

Table 7.	Baseline Burden and Cost of Permitting Authority Activities	19

Table 8.	Three-Year and Annual Incremental Burden of the FAP Rule for Sources	20

Table 9.	Three-Year and Annual Incremental Burden of the FAP Rule for Permitting Authorities (EPA and Delegate Agencies)	21

Table 10.	Three-Year and Annual Incremental Burden of the FAP Rule for EPA Oversight of Delegate Agencies	21

Table 11.	Three-Year and Annual Incremental Burden of the GHG Tailoring Rule for Sources	23

Table 12.	Three-Year and Annual Incremental Burden of the GHG Tailoring Rule for Permitting Authorities (EPA and Delegate Agencies)	23

Table 13.	Three-Year and Annual Incremental Burden of the GHG Tailoring Rule for EPA Oversight of Delegate Agencies	23

Table 14.	Calculation of Bottom Line Average Annual Respondent Burden Hours	24

Table 15.	Calculation of Bottom Line Average Annual Respondent Cost (2011$) 	24

Table 16. Bottom Line Average Annual Respondent Burden and Cost (2012-2015)	25

Table 17.	Calculation of Bottom Line Average Annual EPA Burden Hours	25

Table 18.	Calculation of Bottom Line Average Annual EPA Cost (2011$)	26

Table 19.	Burden Change from 2007 ICR to Current ICR (Hours)	27

Table 20.	Burden Statement (Hours)	27

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title of the Information Collection Request (ICR)

This analysis is titled: "Supporting Statement for the Part 71 Federal Operating Permit Program" It fulfills the U.S. Environmental Protection Agency's (EPA's) requirements under the Paperwork Reduction Act (PRA) to determine, report and periodically update the regulatory burden associated with the Federal Operating Permit Program, codified in title 40 of the Code of Federal Regulations (40 CFR) part 71. It has been assigned EPA tracking number 1713.10 and Office of Management and Budget (OMB) control number 2060-0336.

1(b)	Short Characterization/Abstract

The part 71 program is a federal operating permit program implemented by the EPA (or a delegate agency) for sources located in areas where there is no state, local or tribal program, such as in Indian country; offshore areas where the Outer Continental Shelf (OCS) and Deep Water Ports Act (DWPA) regulations apply; where there is a deficient state or local (part 70) permit program; and where the EPA has objected to a particular part 70 permit and taken over permitting because the state failed to adequately resolve the objection. Title V of the Clean Air Act (CAA or "the Act") imposes on state or local permitting authorities (agencies), the duty to develop, administer and enforce operating permit programs which comply with title V and requires the EPA to administer and enforce a permit program when state, local or tribal agencies do not establish such a program, or where they establish such a program but they fail to perform their duties consistent with title V. Section 502(b) of the Act requires the EPA to promulgate regulations setting forth provisions under which state, local or tribal agencies will develop operating permit programs and submit them to the EPA for approval. Pursuant to this section, the EPA promulgated 40 CFR part 70 on July 21, 1992 (57 FR 32250) which specifies the minimum elements of state operating permit programs.

1(b)(i)	Federal program where there is no state, local or tribal program

Pursuant to regulations promulgated by the EPA on February 19, 1999 (64 FR 8247), the EPA has authority to establish part 71 programs within Indian country, and the EPA began administering the program in Indian country on March 22, 1999. Since many Indian tribes lack the resources and capacity to develop operating permit programs under part 70, the EPA will administer and enforce part 71 programs in the areas that comprise Indian country in order to protect the air quality of areas under tribal jurisdiction.

The EPA intends to protect tribal air quality through the development of implementation plans, permit programs and direct assistance to tribes in developing comprehensive and effective air quality management programs. The EPA will consult with tribes to identify their particular needs for air program development assistance and will provide ongoing assistance as necessary. There are approximately 130 sources in Indian country with permits at the beginning of the ICR period and we expect to permit an additional 6 such sources by the end of this ICR period (April 2015). This is an increase from the last ICR renewal, due to an increase in the estimate of the number of major sources expected in Indian country.

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

Deepwater Port sources (DWPA sources) are fixed or floating structures that are located beyond state seaward boundaries, intended for the transportation, storage and handling of oil or natural gas (offshore LNG terminals) and alternative energy projects. An offshore source may be either an OCS or a DWPA source  -  it may not be both. Because DWPA sources are required to be treated as if they are located in an "area of exclusive federal jurisdiction within a State," the EPA must issue the title V permit for them [see section 1518(a)(1) of the DWPA]. Note that the previous ICR estimated one DWPA source and three seeking permits for a total of four such sources. Using updated data from the U.S. Coast Guard, Deepwater Ports Standards Division, the EPA estimates we have issued 6 permits to such sources by the beginning of the ICR period and that we will issue as many as 10 additional part 71 permits to such sources by the end of this ICR renewal, bringing the total included in this analysis up to 16.

1(b)(ii)	Federal program as a backstop for deficient state programs

Section 502(i)(4) of the Act requires the EPA to promulgate, administer and enforce a title V program if the EPA makes a determination that a state or local permitting authority is not adequately administering or enforcing its EPA-approved title V permitting program. This requirement is implemented through regulations promulgated by the EPA on July 1, 1996 (61 FR 34202), specifically 40 CFR 71.4(c) and 71.10(b)(1). The process described in these regulations can take up to 2 years after a formal finding by the EPA is published in the Federal Register that the state part 70 program is deficient in its implementation or enforcement (this notice is called a "notice of deficiency" or "NOD").

For the 3-year period covered by this ICR, it is unlikely that any state or local permitting program under part 70 will be replaced by a part 71 program administered by the EPA, and thus this ICR renewal does not include such scenarios. There are currently no NODs in place at this time, and due to the maturity of the part 70 programs we believe it is unlikely the EPA will take over additional part 70 permits in this manner during the period of this ICR.

1(b)(iii) Federal program for deficient state programs

Section 505(c) of the Act provides that if a permitting authority fails to submit a permit to the EPA that satisfies an EPA objection, then the EPA shall issue a permit that meets the requirements of the Act. The part 71 rules implement this provision by providing that if the state or local permitting authority fails to satisfy an EPA objection to a part 70 permit then the EPA shall issue a part 71 permit instead. There is currently one part 70 source that has been issued a part 71 permit for this reason, and we do not expect any additional part 71 sources for this reason during the period of this ICR

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

When the EPA is the permitting authority under title V, a source subject to the program must prepare an application and submit it within 1 year of becoming subject (CAA section 503). The EPA must then issue the permit within 18 months of receiving a complete application (CAA section 503(c)) and thereafter administer (including revising, reopening and enforcing the permit terms, as needed) and renew such permits at no more than 5-year intervals (CAA section 502(b)(5)). Sources must periodically (no less often than annually) certify that they are in compliance with applicable requirements and promptly report deviations from permit requirements to the permitting authority (CAA section 503(b)(2)), and permits are required to set forth requirements for sources to conduct monitoring and reporting to assure compliance with permit terms and conditions (CAA section 504(b)). The permit and all information submitted by a source shall be available for public review except for confidential information which will be protected from disclosure (CAA section 503(e)), and the public shall be given public notice of, and an opportunity for comment on, permit actions (CAA section 502(b)(6)). A copy of sections 502 through 504 of title V of the Act are in Attachment 1.

2(b)	Practical Utility/Users of the Data

For the EPA to carry out its requirement under the Act to issue part 71 permits in areas where there is no approved part 70 program or where a state will not resolve an EPA objection to a part 70 permit, the EPA must receive and review permit applications, issue initial and renewal permits, issue permit revisions and receive and review compliance and monitoring reports submitted by sources. For the EPA to carry out its required oversight functions, where the EPA has delegated its authority to issue part 71 permits to a state or tribe (delegate agency), the EPA must review proposed permits of all types developed by the delegate agency, review certain information submitted by the source to the delegate agency, and require the submittal of certain information concerning program implementation from the delegate agency.

2(c)	Caveats and Considerations

The information included in this ICR is based upon the best data available to the Agency at this time. However, inconsistencies in permitting authority reporting techniques, incomplete data sets, and sampling limitations imposed upon the Agency by the PRA necessitated a certain amount of extrapolation and "best-guess" estimations by permitting authority and Agency experts. Consequently, the reader should not consider the conclusions to be an exact representation of the level of burden or cost that will occur during the 3 years of this ICR. Instead, this ICR should be considered a directionally correct assessment of the impact the Federal Operating Permit Program will have over the next 3 years.

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

3.	NON-DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA

3(a)	Non-Duplication

The need for the data required by the part 70 and part 71 operating permits programs has been well documented in prior ICRs for both programs. While much of the information requested under this ICR existed prior to the creation of the operating permit program, an operating permit is a compilation of existing requirements; the purpose being to bring all requirements applicable to a source into one document. The intent of this compilation is to (1) resolve any questions of applicability at the time of permit issuance, (2) provide certainty to sources as to their obligations and (3) provide the public access to a source's obligations and compliance status. The Agency 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. To the extent that similar information was previously collected (e.g., state permits under state implementation plans), the part 71 program may replace those activities and avoid duplication of efforts

3(b)	Public Notice Required Prior to ICR Submission to OMB

For any existing rule, section 3507(g) of the PRA limits the length of time for which the Director may approve a collection of information to 3 years. On September 12, 2007, OMB approved the ICR renewal for part 71 (EPA tracking number 1713.06) for 36 months, through September 30, 2010. On April 22, 2009, OMB approved a revision to the previously approved collection related to the final rule for Flexible Air Permits (EPA tracking number 1713.09), and as part of that approval OMB extended the expiration date of the ICR to April 30, 2012. This ICR is a renewal of the September 2007 ICR.

Except for information collection in notices of proposed rules or those exempted under the emergency processing provisions of 44 U.S.C. § 3507(j), the PRA requires the EPA to solicit comment on each proposed information collection, including the renewal or modification of any existing ICR. On December 14, 2011 (76 FR 77822), the EPA published a notice soliciting comment on an analysis of burden for the part 71 program for the 3-year period of this ICR renewal (i.e., May 1, 2012 to April 30, 2015). A copy of the December 2011 notice is included in this ICR as Attachment 2. No public comments were received.

3(c)	Consultations

The current ICR was prepared using data on the numbers of sources and permits that are updated on a semi-annual by basis by each of the EPA's 10 Regional Offices. It is these EPA Regional Offices where the part 71 permitting activities are carried out by the EPA. The actual rates of permit issuance and permit renewal are reported by the Regional Offices into an EPA database every 6 months. The 3 or 4 years of data in this database was reviewed for purposes of estimating existing sources and permits and the backlog of initial and renewal permits. Also, we solicited input from the National Association of Clean Air Agencies (NACAA) on the draft ICR in late 2011, but the organization and its members declined to provide input at this time.

Concerning prior consultations, prior to renewal of the title V ICRs in 2007, the EPA contacted NACAA (then known as the State and Territorial Air Pollution Program Administrators and the Association of Local Air Pollution Control Officers [STAPPA/ALAPCO]), and during a conference call the EPA received input on the draft ICRs that were released for public comment on February 2, 2007. Consistent with NACAA's input during that consultation, changes were made to burden estimates for certain activities performed by permitting authorities and the EPA for the part 70 and part 71 ICRs. Also note that the supporting statement for the part 70 ICR renewal provides more detail on previous consultations with state and local permitting authorities that provided information we have used to develop burden estimates for part 71 that we continue to rely on for purposes of this ICR renewal.

The 2007 ICR renewal, the EPA discussed two other EPA activities that it thought would yield additional title V burden information. One of these activities was a nationwide, comprehensive evaluation of the majority of title V operating permits programs, the first round of which was completed September 2006, and which are on-going. The second activity was a stakeholder effort to assess all aspects of the title V program, led by the Clean Air Act Advisory Committee. (This effort is known as the Title V Task Force.) The first activity, the state program evaluations, was not specifically designed to provide information for purposes of estimating burdens and cost of title V programs, but it did result in information that generally supports the assumptions of the prior ICRs, including those based on input from state and local permitting authorities. This resulted in only one change to the assumptions for permitting authorities, which did not lead to significant changes in overall burden for permitting authorities. The second activity, the Title V Task Force, resulted in recommendations on ways that the EPA could improve the effectiveness of the title V programs, such as through rulemaking or the issuance of guidance, but it did not result in any information useful for estimating burdens for this ICR, and no guidance or rulemaking resulting from this effort are effective at this time. (For more on the Title V Taskforce, see http://www.epa.gov/oar/oaqps/permits/taskforce.html.)

Also, Executive Order 13563, "Improving Regulation and Regulatory Review," (76 FR 3821, January 18, 2011) requires each federal agency to develop a plan to periodically review its existing significant regulations to determine whether they should be modified, streamlined, expanded or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives. The EPA published a plan for meeting this order in August 2011. Under the EPA's plan, the title V permit program requirements are identified for early action to potentially simplify and clarify implementation requirements for industry, the public and government agencies. Such regulatory review for title V is likely to include consideration of the recommendations of the Title V Task Force; however, at this time it is too early to speculate on the results of the EPA's review, and thus, too early to take such changes into account for the purpose of this ICR renewal.

3(d)	Effects of Less Frequent Collection

In general, collection of the information included in this ICR occurs once per activity (e.g., permit application or permit issuance). Periodic activities include a semi-annual compliance monitoring data report and an annual compliance certification from each source required by CAA sections 503(b)(1) and (2), respectively. The EPA has no leeway to require less frequent reporting.

3(e)	General Guidelines

The OMB's general guidelines for information collections must be adhered to by all federal agencies for approval of any rulemaking's collection methodology. The recordkeeping and reporting requirements contained in the part 71 operating permits regulations do not exceed any of the OMB guide - lines con - tained in 5 CFR 1320.5, except for the guideline which limits reten - tion of records by respondents to 3 years. Part 71 requires retention of all monitoring data and support information and all permit applications, proposed permits and final permit records for a period of 5 years. These records are necessary to fulfill the intent of title V to assure compliance with applicable requirements. Questions regarding the obligations of a source and its status of compliance can be resolved through such records. In addition, 28 U.S.C. 2462 specifies 5 years as the general statute of limitations for federal claims in response to violations by regu - lated entities. The decision in U.S. v. Conoco, Inc., No. 83-1916-E (W.D. Okla., January 23, 1984) found that the 5-year general statute of limitations applies to the Act.

3(f)	Confidentiality

All information related to the permitting of sources under this program and related to compliance monitoring is required by section 503(e) of the Act to be subject to public review at all times. Information entitled to protection under 114(c) of the Act may be required to be submitted directly to the EPA. Such information will be stored in the EPA's Confidential Business Information office.

3(g)	Sensitive Questions

The consideration of sensitive questions (i.e., sexual, religious, personal or other private matters) is not applicable to the part Federal Operating Permit Program. The information gathered for purposes of establishing a part 71 permit for a source do not include personal data on any owner or operator.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents/ Standard Industrial Classification (SIC) Codes

Respondents to this information collection come from two groups: permitting authorities that have been delegated authority to implement the part 71 program by the EPA (i.e., delegate permitting authorities) and sources required to obtain part 71 operating permits.

There is currently one delegate permitting authority, which is the Navajo Nation Environmental Protection Agency (NNEPA). We do not anticipate any additional agencies becoming delegate permitting authorities during the period covered by this ICR renewal.

Under title V, all major stationary sources must obtain an operating permit. Some non-major sources may also be subject to the program if they are subject to a federal standard such as a New Source Performance Standard (NSPS) pursuant to section 111 of the Act or a National Emissions Standard for Hazardous Air Pollutants (NESHAP) pursuant to section 112 of the Act. Some of these sources have been exempted from the program.

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

For this update, the EPA is not assuming that we will take over any entire state permitting programs due to findings of program deficiencies. All NODs for state programs have been resolved to the EPA's satisfaction and no part 71 permits were issued in response to such programs deficiencies in the interim. Also, at this time the EPA has no active NODs and we believe it unlikely that we will be issuing any permits for this reason during the period covered by this ICR renewal.

The SIC codes and North American Industrial Classification System (NAICS) codes for the part 71 sources located in Indian country are listed below in Table 1. This list was compiled for the 2007 ICR renewal, but we believe that it remains representative of the types of sources with part 71 permits.

      Table 1. SIC and NAICS Codes for Part 71 Sources in Indian Country
                           (as of October 30, 2006)
                                   SIC Code
                                  NAICS Code
                                     1021
                                    212234
                                     1221
                                    212111
                                     1311
                                    211111
                                     1321
                                    211112
                                     1389
                                    213112
                                     2421
                                      321
                                     2431
                                     32191
                                     2436
                                    321212
                                     2493
                                    321219
                                     2819
                                      325
                                     2842
                                    325612
                                     2875
                                    325314
                                     2879
                                     32532
                                     2899
                                      325
                                     3341
                                      331
                                     3354
                                    331316
                                     4911
                                     2211
                                     4922
                                     48621
                                     4925
                                     22121
                                     4953
                                      562
                                     4961
                                     22133
                                     5171
                                     42271
                                     7011
                                     7211
                                     9711
                                     92811

4(b)	Information Requested

All activities associated with EPA issuance of operating permits are information collection activities and are reflected in this ICR. The following are lists of the data items submitted by sources and permitting authorities for ICR purposes under part 70. These activities represent the Agency's best representation of the burdens experienced by sources and permitting authorities for part 70 and 71 requirements.

4(b)(i) Data items, including recordkeeping requirements

Under Operating Permits rules, the following data items must be submitted by delegate permitting authorities to the EPA:

   * Applications for permits, permit revisions, and permit renewals
   * Draft / proposed permits, permit revisions, or permit renewals
   * Final permits
   * Annual reports of enforcement activities

For this analysis, the submittals above are only necessary for the small fraction of permit handled by the one delegate agency (14 permits).  The majority of permits will be issued, implemented, and enforced by the EPA as permitting authority (160 permits).

Under Operating Permit rules, the following data items must be submitted by sources to permitting authorities:

   * Applications for permits, permit revisions, and permit renewals
   * Semi-annual periodic monitoring reports
   * Annual compliance certification reports

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

4(b)(ii) Respondent activities

The following describes the information collection activities required of delegate permitting authorities and sources. In all cases, the activities for the delegate permitting authority  match those for state and local permitting authorities under the part 70 operating permits program and the activities listed for source-level activities match those for sources under the part 70 programs.

                   DELEGATE PERMITTING AUTHORITY ACTIVITIES

   * Program administration: Responding to inquiries about the program, developing internal and external program guidance, developing rules, forms, and other mechanisms to implement the program, planning, attending program training, permit fee collection, providing source training, attending meetings and conferences, providing public education, and other program related activities.
   * Permit application review, including discussions with a source concerning the completeness of the permit application, review of applications for completeness and technical approach, and requests for additional information, when necessary.
   * Draft permit preparation, including contact with the source to clarify the specific requirements that apply, drafting the "statement of basis," drafting gap-filing monitoring, when necessary, and drafting permit terms and conditions to reflect existing requirements.
   * Comment period notification:  Providing notice to the public, and affected states of the comment period on a draft permit (for initial permit issuance, permit renewal and significant permit modification). Affected state notification is also required for minor permit modification.
   * Public hearing administration: Administering a public hearing, when appropriate, for initial permit issuance, permit renewal and significant permit modification.
   * Interaction with the EPA on a proposed permit, including negotiations, re-drafting and formal EPA objections (including those attributable to public petitions).
   * Response to public comments: Analyzing public comments and revising the draft permit accordingly, when appropriate.
   * Permit issuance: Formalizing permits, placing copies of final permits on public websites, entering information into the EPA's permit website (Air Facility System) and providing copies to sources.
   * General permits administration (Burden for issuing general permits included with other permit issuance burden).
   * Permit revision: Modifying permits to reflect changes at the source otherwise prohibited by the permit, including public participation and affected state review, when needed.
   * Permit renewal: Updating the permit to reflect changes at the source not captured through permit revision (includes reviewing application, drafting changes, public notice, public hearings (when needed), responding to public comments (when needed) and permit issuance).
   * Monitoring and compliance certification: Reviewing deviation and semiannual monitoring reports and annual compliance certification reports required by part 70, and any enforcement activities related to such reviews.
   * Annual reporting: Preparing and submitting to the EPA annually a report of the state's enforcement activities.

                           SOURCE-SPECIFIC ACTIVITIES

   * Permit application preparation, including internal meetings, permitting authority discussions, management and legal department   involvement, responsible official certification, contractor services.
   * Draft permit development: Interaction with the permitting authority on draft permit development.
   * Gap-filling development: Development of periodic monitoring gap-filling, if applicable.
   * Public hearing participation.
   * Operate gap-filling periodic monitoring: Operation of monitoring equipment and the taking and keeping of records, where necessary.
   * Monitoring reports: Preparing semi-annual monitoring data reports, including data analysis, responsible official certification, and report submission (annual burden for both reports). Includes preparing and submitting annual compliance certification.
   * Permit revisions: Preparing applications for permit revisions.
   * Permit renewal: Preparing permit renewal applications.
   * Other activities associated with permit renewal, including discussions with permitting authority and public hearing participation.

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

5(a)	Agency Activities

In its role as the permitting authority for most of the sources subject to the part 71 program, the EPA carries out the same activities listed above for delegate permitting authorities, with the exception of those activities that involve interaction between the delegate permitting authorities and the EPA. When overseeing a delegate agency, the EPA carries out the activities listed below.

                           EPA OVERSIGHT ACTIVITIES

   * Review proposed permits and permit revisions to determine if they provide for compliance with all applicable requirements.
   * Review monitoring provisions of proposed permits or permit revisions to see if they contain applicable requirements or to add periodic monitoring if needed.
   * Consult with the delegate agency on any problems detected in the proposed permit or permit revision including interaction related to fact finding on permit petitions.
   * Other Program Oversight: review annual reports of enforcement activities, develop formal EPA responses to public petitions, and review changes to delegated programs.

5(b)	Collection Methodology and Management

For the part 71 program, when the EPA is the permitting authority, the EPA will receive data from sources in much the same manner as that established for sources reporting to state and local agencies under part 70. Thus, when the EPA is the permitting authority, we will retain copies of each permit application (including any application for permit modification), each draft permit, and each final permit. When a delegate agency is the permitting authority, the delegate agency will receive copies of these documents.

5(c)	Small Entity Flexibility

Title V provides few ways to mitigate the effects of operating permit regulations on small entities. Under section 502(a) of the Act, the Agency has exempted or deferred applicability of title V for those non-major source categories for which compliance with title V will be impractical, infeasible or unnecessarily burdensome. For example, we exempted a large number of small sources in a December 19, 2005 final rule (70 FR 75320). The Agency has not analyzed how many of these non-major sources will be small businesses, but believes that a large percentage may fall under that definition.

In accordance with the analytical requirements established under the Regulatory Flexibility Act (RFA) and the Small Business Regulatory Enforcement Fairness Act (SBREFA), the Agency has determined that there are no adverse effects to be identified vis-à-vis small entities and small businesses. While this ICR renewal represents an increase in burden compared to the 2007 ICR renewal, the increase is due to a change in the EPA's estimate concerning the number of permits expected to be issued, which better reflects actual implementation experience rather than any new information collection requirements.

5(d)	Collection Schedule

Items identified in section 4(b)(i) are listed below with their schedule for submission.

Permitting Authorities (submitted to the EPA):
   * Application for permits, permit revision and permit renewal should be submitted to the EPA with the proposed permit or permit revision.
   * Draft/proposed permits, permit revisions or permit renewals should be submitted when the state wants to commence the EPA review period of the proposed permit or permit revision.
   * The final permit should be submitted to the EPA soon after it is issued, but there is no deadline in part 71 for this submission.
   * The annual report of enforcement activities is submitted to the EPA annually, but part 71 does not specify a date.

 Sources (submitted to permitting authority):
   * New permit applications are due within 1 year after a source becomes subject to the program.
   * Permit revision applications are submitted by a source when it wishes to make a change to its permit. There is no schedule for these submissions in that they are triggered by modifications by the source.
   * Permit renewal applications are due at least 6 months prior to expiration of the permit.
   * Semi-annual monitoring reports are due to be submitted to the permitting authority twice a year on dates specified by the permitting authority.
   * Annual compliance certification reports are due annually on a date specified by the permitting authority.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	Estimating Respondent Burden

The following tables show the burden estimates for each activity described above in section 4(b)(ii) for sources and permitting authorities. These burden estimates are all taken from the approved ICR for the part 70 program. Table 2 displays the expected source burden for when either the EPA or a delegate agency is the permitting authority. Table 3 displays the expected burden for all of the specific tasks necessary for any permitting authority (i.e., a delegate agency or the EPA).

The Agency derived its estimates in Tables 2 and 3 from previous consultations with fewer than nine respondents from the regulated community on the burdens and costs of the permit programs; data collected by the EPA from permitting authorities on the numbers of permits issued, renewed and modified in the course of program administration; and based on our analysis of data submitted within the context of state and local permitting program evaluations. In the initial ICR for part 71, the Agency assumed sources are indifferent (from an effort perspective) between reporting to the federal government and reporting to a state permitting authority. Consequently, Table 2 is the same for both part 70 and this ICR.

                  Table 2. Average Source Burden by Activity

                                   Activity
                          Burden per Source or Permit
Prepare Initial Permit Application
                                    300 hrs
Draft Permit Interaction
                                    40 hrs
Gap-filling Monitoring Development (50% of permits)
                                    40 hrs
Public Hearing Participation (2% of permits)
                                    10 hrs
Operate Gap-filling Periodic Monitoring (50% of permits)
                                 200 hrs / yr
Prepare Monitoring Reports and Compliance Certification
                                  80 hrs / yr
Permit Revisions
   Significant Permit Modifications (10% of Permits)
   Minor Permit Modifications (50% of Permits)
   Administrative Amendments (50 % of Permits)

                                    80 hrs
                                    40 hrs
                                     8 hrs
Prepare Permit Renewal Application
                                    200 hrs
Other Permit Renewal Activities
                                    20 hrs

           Table 3. Average Permitting Authority Burden by Activity

                                   Activity
                     Part 71 Burden Per Permit or Program
Program Administration
                              3,500 hrs / PA / yr
Initial Permit Application Review
                               100 hrs / permit
Draft Permits Preparation
                               150 hrs / permit
Comment Period Notification
                                10 hrs / permit
Hold Public Hearings (2% of permits)
                               100 hrs / hearing
Analyze Public Comments (2% of permits)
                                40 hrs / permit
Permit Issuance
                                8 hrs / permit
Permit Revision
   Significant Permit Modifications (10% of permits)
   Minor Permit Modifications (50% of Permits)
   Administrative Amendments (50% of Permits)

                                90 hrs / permit
                                30 hrs / permit
                                5 hrs / permit
Permit Renewal
                                90 hrs / permit
Review Reports:
   Monitoring (2 reports / yr)
   Compliance Certification
                                10 hrs / permit
                                5 hrs / permit

6(b)	Estimating Respondent Costs

6(b)(i)	Estimating Labor Costs

In order to improve the accuracy of burden estimates, this ICR renewal updates the source labor rates to values in 2011 dollars based on recent publications by the Bureau of Labor Statistics (BLS). In recent ICR renewals, we updated the labor rate for sources using the BLS Employment Cost Index (ECI) applied to the rate used in the previous renewal. However, we could no longer reproduce the methodology used to derive the source labor rate in the original ICR for the program, and the value used in the most recent renewal appeared to be unrealistically low.

The labor rate used to calculate sources' labor cost for this ICR renewal is $64/hr. This source labor rate was calculated on the assumption that, while most of the labor for sources will be performed by Environmental Engineers, approximately 50 percent of the labor hours expended for two of the activities listed above in Table 1 will be carried out by Environmental Engineering Technicians. Specifically, we assumed that Environmental Engineering Technicians will expend half of the labor hours to "Operate Gap-filling Monitoring" and "Prepare Monitoring Reports and Compliance Certification."

To derive this composite labor rate, we obtained the mean hourly wage for Environmental Engineers of $39.98 from the most recent BLS Occupational Employment Statistics, which gives wages as of May 2010. Similarly, we obtained the May 2010 mean hourly wage for Environmental Engineering Technicians of $22.51. In each case, we escalated the hourly wages to December 2011 using the BLS ECI for private industry workers, resulting in hourly wages of $40.98 for Environmental Engineers and hourly wages of $23.07 for Environmental Engineering Technicians. An example escalation calculation for Environmental Engineers is as follows:

WageDec2011=WageMay2010xECIDec2011ECIJune2010

$39.98x114.7111.9=$40.98

We then calculated a weighted average hourly wage for sources using the total hours projected for sources over the 3 years of this ICR, as shown later in this document in Table 6, apportioned between Environmental Engineers and Environmental Engineering Technicians as discussed above. This calculation results in a weighted average hourly wage of $35.46. Finally, to determine the total labor rate, we assumed an 80 percent factor to account for benefits and overhead, which we believe to be representative. The resultant rate was rounded to the nearest dollar, yielding $64/hr in 2011 dollars. This labor rate was applied to all source burden hours to calculate the sources' labor costs.

For delegate permitting authorities, we have maintained the practice in recent ICR renewals of using the same labor rate calculated for the EPA based on federal wage tables. The resulting labor rate for delegate permitting authorities is $52/hr. This calculation is discussed further below in section 6(c).

6(b)(ii)	Estimating Capital and Operating and Maintenance (O&M) Costs

The EPA believes that sources will incur little or no capital cost to comply with part 71 requirements. Even if a part 71 permit applicant is a brand new company and the prospective source is a "greenfield" source (the EPA estimates less than 1 percent of sources fit that description) most, and perhaps all, of the equipment needed to prepare permit applications (for example, the computers and basic software) will be part of the source's business operation inventory. Monitoring can require capital expenditures for new sources or new operations at existing sources, but these expenditures generally are accounted for in the ICRs for the applicable requirements under which they are required (e.g., NSPS or NESHAP). The one exception to this is the part 71 requirement to develop and operated gap-filling monitoring in certain, limited situations where the applicable requirements do not require monitoring. However, such gap-filling monitoring typically consists of periodically monitoring and recording operating conditions or other parameters that the source already monitors for operational purposes. Thus, we believe that capital costs are negligible for sources.

Delegate permitting authorities similarly incur negligible capital costs. As with sources, we believe that most, and perhaps all, of the computers and other office equipment needed to administer the part 71 program will be part of the permitting authority's office inventory. In any case, the one existing delegate permitting authority operates a mature part 70 programs, so there is no need for initial equipment purchases to outfit a new program office.

Since the purchase of capital equipment is believed to be an insignificant factor under part 71, the EPA assumes the operation, maintenance or services for same are negligible. Further, once a permit is issued, there is minimal O&M cost associated with it. It remains unaltered unless it must be revised, and such revisions are accounted for as burden hours in section 6(a) above. As noted previously, part 71 requires sources to submit deviation reports, semi-annual reports of monitoring and annual compliance certification reports, but these reports generally are coordinated with similar reports that are required under the source's applicable requirements. The O&M costs (e.g., photocopying and postage) for the reports required under the applicable requirements are included in the ICRs for those rules, and we believe that it would constitute double counting to include such costs here as well. In addition, electronic reporting by sources is increasingly prevalent, with no associated O&M costs. Accordingly, we include no O&M costs in this ICR for sources. For parallel reasons, we believe that O&M costs for delegate permitting authorities will be minimal, and none are included in this ICR.

6(b)(iii)	Capital/Start-up vs. O&M Costs

Capital/start-up and O&M costs are non-labor related costs. One-time capital/start-up costs are incurred with the purchase of durable goods needed to provide information. According to the PRA, capital/start-up cost should include, among other items, preparations for collecting information such as purchasing computers and software, monitoring, sampling, drilling and testing equipment. As a practical matter, most these costs are not typical of the costs associated with preparing a part 71 permit application. As discussed in the previous section, we believe that the gap-filling monitoring required of some sources under part 71 will not involve capital spending. For the same reason, the O&M costs associated with start-up capital equipment are zero for this ICR. In addition, we believe that overlapping reporting accounted for in other ICRs and electronic reporting result in zero O&M costs for this ICR.

6(b)(iv)	Annualizing Capital Costs

Typically, annualized capital cost would be derived from a discounted net present value of the stream of capital costs that would occur over the life of the permit, or the ICR, whichever is shorter. However, in the case of the part 71 Operating Permit Program, there are only labor costs for preparing and processing permit applications, conducting gap-filling monitoring, and preparing and reviewing reports. Labor costs are expensed when incurred and not amortized. Therefore, the annualized capital costs for this program are zero.

6(c)	Estimating Agency Burden and Cost

The bulk of the EPA's burden and cost under the part 71 program comes from our role as the primary permitting authority. We estimate that the EPA will be the permitting authority for approximately 160 of the 174 sources projected to be subject to the part 71 program by the end of this ICR renewal period. Because we cannot predict the precise division of activities between the EPA and the delegate permitting authorities (e.g., the exact mix of sources needing permit revisions [i.e., significant and minor permit modifications and administrative amendments], sources needing permit renewals or permits requiring public hearings), we continue the practice from previous ICRs of calculating the total burden for permitting authorities (based on addressing all part 71 sources) and then apportioning that burden between the EPA and the delegate permitting authorities based on the projected number of sources covered by each. This calculation is detailed below in section 6(d) where we address respondent burden and cost.

The EPA also incurs burden and cost for oversight of delegate permitting authorities. The estimated burden associated with the each of the activities listed above in section 5(a) for the EPA is presented below in Table 4. These activities remain unchanged from the 2007 ICR renewal. While there are several new activities or changes in activity levels compared to the 2007 ICR renewal that are related to the Flexible Air Permits and GHG Tailoring rules, for the sake of clarity we discuss those later in this document.

The estimated EPA labor rate for this ICR is $52/hr. The rate reflects the assumption that the EPA personnel overseeing the part 71 Operating Permit Program are classified as Grade 12, Step 5. The corresponding salary is loaded with benefits at the standard rate of 60 percent. This is an increase in loaded EPA labor rates from that used in the 2007 ICR renewal for part 71 of $46/hr (which was based on a combination of assumptions concerning various staff, management and support staff time).

  Table 4. Average EPA Burden by Activity for Oversight of Delegate Agencies

                                   Activity
                     Burden Per Permit or Program (Hours)
Review Proposed Permits*
   New Permits
   Significant Permit Modifications
   Minor Permit Modifications

                                  20 / permit
                                 8 / revision
                                 1 / revision
Consultation
   New Permits (25%)
   Significant Permit Modifications (25%)
   Minor Permit Modifications (25%)

                                  8 / permit
                                  8 / permit
                                  1 / permit
Program Oversight
                              50 / program / year
Review the Annual Enforcement Activity Reports
                                  10 / report
	      * Includes the burden for review of periodic monitoring, when required

Past experience with part 70 suggests that oversight of the delegate agency averages about 2 hours per source per year on an aggregate basis. In the case of this delegate agency (the NNEPA), all of the 14 part 71 permits were previously issued by the EPA prior to the approval of the delegation agreement and the delegation agreement does not provide for any new permits to be issued by the NNEPA. Thus, the EPA believes the assumption of 2 hours per source will be appropriate due to the reduced scope of the programs and the small number of permits involved. As a result, the estimated EPA baseline burden to oversee the delegate agency will be approximately 28 hours per year at a cost of $1,456 per year.

6(d)	Estimating the Respondent Universe and Total Burden and Costs

As mentioned earlier, there is currently one delegate permitting authority, the NNEPA. We do not expect any additional delegations during the period of this ICR renewal.

Table 5 shows the number of existing and projected source respondents during the 3 years of this ICR renewal. We project that by the end of the period, there will be 136 sources in Indian country (14 of which are administered by the NNEPA), up to 15 OCS sources, up to 16 DPWA sources, up to 1 permit issued because of EPA objection to a part 70 permit and up to 6 GHG Tailoring sources.

The EPA has issued 105 part 71 permits to the 143 sources that will be subject to part 71 by May 1, 2012. Thus, at the beginning of this ICR, there will be a backlog of 38 existing sources that have not yet received their initial permits. (These sources have submitted their initial permit applications, so this ICR includes no burden for preparation of these applications.) The Agency projects that the backlogged permits will all be issued during the 3 years of this ICR, 12 in the first year and 13 each in years 2 and 3.

As shown in Table 5, the EPA projects that 31 new sources will become subject to EPA permitting during the course of this ICR (6 new Indian country sources, 9 OCS sources, 10 DWPA sources, and 6 due to the GHG Tailoring rule). We calculate the burden for these sources to include all the activities associated with obtaining an initial permit.

                Table 5. Existing and Projected Part 71 Sources

                            Indian  Country Sources
                                  OCS Sources
                                 DWPA Sources
                             Due to EPA Objection
                             GHG Tailoring Sources
May 1, 2012
                                                                            130
                                                                              6
                                                                              6
                                                                              1
                                                                              0
April 30, 2013
                                                                              2
                                                                              3
                                                                              3
                                                                              0
                                                                              2
April 30, 2014
                                                                              2
                                                                              3
                                                                              3
                                                                              0
                                                                              2
April 30, 2015
                                                                              2
                                                                              3
                                                                              4
                                                                              0
                                                                              2
Total
                                                                            136
                                                                             15
                                                                             16
                                                                              1
                                                                              6

Also during the period of this ICR, a number of part 71 permits will have to be renewed. (The term of a part 71 permit is 5 years.) The EPA estimates that there will be 15 backlogged permit renewals by May 1, 2012 when this ICR begins. In addition, we estimate that another 63 part 71 permits will be nearing expiration and have to be renewed during the period of this ICR. The Agency projects that these 78 permit renewals will be issued in equal numbers each year (i.e., 26 renewals per year).

Table 6 lists the burden categories, expected number of occurrences for each, and the associated burden and costs for all part 71 sources when the EPA or a delegate agency is the permitting authority. The quantities in the "affected permits" column are from direct assessments of the 174 permits expected  to be administered during the period covered by this ICR (143 Indian country sources, 15 OCS sources, 16 DWPA sources, 1 due to EPA objection, and 6 due to the GHG Tailoring rule). Each activity in Table 6 is based on the burden estimates from Table 2. Table 6 contains the baseline analysis (i.e., does not account for OMB-approved changes due to the Flexible Air Permits and GHG Tailoring rules). The assumptions in these tables are based on the assumptions detailed in the attachments to the ICR renewal for the part 70 state operating permit programs.

Table 7 lists the burden categories for permitting authorities (the EPA and delegate agencies), the expected number of permits involved and the expected cost for each category, based on the burden estimations from Table 3. Since the burden per activity assumptions and wage rates are the same for the EPA and delegate agencies and we cannot predict the precise division of activities between the EPA and the delegate permitting authorities, we calculate the total for all permitting authority activities across all the permits. We then prorate the total based on the number of permits that we project the EPA and the one delegate permitting authority (the NNEPA) will administer during the period of this ICR renewal. Specifically, we apportion the burden at a rate of just under 92 percent for the EPA (160 of the 174 total sources) and just over 8 percent for the delegate permitting authority (14 sources).

            Table 6. Baseline Burden and Cost of Sources Activities

                                    Activity
                            Burden per Permit Hours
                                Affected Permits
                              Total Burden (Hours)
                               Total Cost (2011$)
 Initial Permit Application
                                      300
                                                                             31
                                                                         9,300
                                                                      $595,200
 Draft Permit Interaction
                                       40
                                                                             69
                                                                          2,760
                                                                       $176,640
 Gap Filling Monitoring Development (50% of permits)
                                       40
                                                                             35
                                                                         1,400
                                                                        $89,600
 Public Hearing Participation
   (2% of permits)
                                       10
                                                                              1
                                                                             10
                                                                           $640
 Operate Gap Filling Monitoring
   (50% of permits)
                                      200
 year 1       53	35
 year 2       64	35
 year 3       75	35

                                                        year 1     10,600	7,000
                                                        year 2     12,800	7,000
                                                 year 3     15,000	       7,000
                                                                  38,400	21,000
                                                                       $678,400
                                                                       $819,200
                                                                       $960,000
                                                                     $2,457,600
 Prepare Monitoring Reports and Compliance Certifications
   (all permits)
                                       80
 year 1       105	105
 year 2       127	105
 year 3       150	105
                                                       year 1       8,400	8,400
                                                        year 2     10,160	8,400
                                                        year 3     12,000	8,400
                                                                  30,560	25,200
                                                                       $537,600
                                                                       $650,240
                                                                       $768,000
                                                                     $1,161,280
 Permit Revisions
   Significant Permit Modifications
   (10% of existing permits)

   Minor Permit Modifications
   (50% of existing permits)

   Administrative Amendments
   (50% of existing permits)

 Revision Subtotal

                                       80

                                       40

                                       8

 year 1       11	10
 year 2       13	10
 year 3       15	10
                  39

 year 1       53	53
 year 2       64	53
 year 3       75	53
                192

 year 1       53	53
 year 2       64	53
 year 3       75
                192	53

                                                         year 1         880	800
                                                          year 2      1,040	800
                                                          year 3      1,200	800
                                                                    3,120	2,400

                                                        year 1      2,120	2,120
                                                        year 2      2,560	2,120
                                                        year 3      3,000	2,120
                                                                    7,680	6,360

                                                         year 1         424	424
                                                         year 2         512	424
                                                         year 3         600	424
                                                                    1,536	1,272

                                                                  12,336	10,032

                                                                        $56,320
                                                                        $66,560
                                                                        $76,800
                                                                       $199,680

                                                                       $135,680
                                                                       $163,840
                                                                       $192,000
                                                                       $491,520

                                                                        $27,136
                                                                        $32,768
                                                                        $38,400
                                                                        $98,304

                                                                       $789,504
 Renewal Permit Application
                                      200
                                                                             78
                                                                 15,600	 15,000
                                                                      $998,400
 Other Renewal Activities
                                       20
                                                                             78
                 1,560	1,000
                                                                        $99,840
 Total                                                                                3-year
                                                                        111,926
                                                                     $7,163,264
                                                                         Annual
                                                                         37,309
                                                                     $2,387,755

     Table 7. Baseline Burden and Cost of Permitting Authority Activities

                                    Activity
                           Burden Hours per Permit**
                          Affected Permits or Programs
                              Total Burden (Hours)
                              Total Cost (2011$)*
 Program Administration
                                 3,500 per year
                                       1
                                                                         10,500
                                                                       $546,000
 Permit Application Review
                                      100
                                       31
                                                                          3,100
                                                                       $161,200
 Draft Permit Preparation
                                      150
                                       69
                                                                         10,350
                                                                       $538,200
 Comment Period Notification
                                       10
                                       69
                                                                            690
                                                                        $35,880
 Public Hearing  (by Hearing)
  (2% of permits)
                                      100
                                       1
                                                                            100
                                                                         $5,200
 Analyzing Public Comments
  (2% of permits)
                                       40
                                       1
                                                                             40
                                                                         $2,080
 Permit Issuance
                                       8
                                       69
                                                                            552
                                                                        $28,704
 Permit Revisions
  Significant (10% of permits)

                                       90

                                       39

                                                                          3,510

                                                                       $182,520
  Minor (50% of permits)
                                       30
                                      192
                                                                          5,760
                                                                       $299,520
  Administrative (50% of permits)
                                                    Revision Subtotal
                                       5

                                      192

                                                                            960

                                                                         10,230
                                                                        $49,920

                                                                       $531,960
 Permit Renewals
                                       90
                                       78
                                                                          7,020
                                                                       $365,040
 Review Monitoring / Compliance Reports
  Year 1
  Year 2
  Year 3

                                       15
                                       15
                                       15

                                      105
                                      127
                                      150

                                                                          1,575
                                                                          1,905
                                                                          2,250
                                                                          5,730

                                                                        $81,900
                                                                        $99,060
                                                                       $117,000
                                                                       $297,960
 Total for all Permitting Authorities                                         3-year
                                                                         48,312
                                                                     $2,512,224
                                                                         Annual
                                                                         16,104
                                                                       $837,408
 Total for the Delegate Permitting Authority                        Annual
                                                                          1,296
                                                                        $67,378
 Total for the EPA                                                                    Annual
                                                                         14,808
                                                                       $770,030
 *   The wage rate applied was $52 per hour; see section 6(c) for details.
 ** Units are per permit except program administration (per permitting authority) and public hearings (per hearing)

6(e) 	Bottom Line Burden Hours and Cost Tables

Since the approval of the 2007 ICR renewal, the EPA has promulgated two rules that have affected the burden and cost of the part 70 Operating Permits Program, the Flexible Air Permits (FAP) rule and the GHG Tailoring rule. The Office of Management and Budget (OMB) approved ICR change requests for both of these rules, EPA tracking numbers 1703.09 and 1587.11, respectively; however, this is the first ICR renewal that addresses the two provisions at the same time and updates them to reflect the current stage of implementation.

The FAP rule, promulgated during the term of the last ICR renewal, revised part 71 to provide for permits that allow for upfront approval for changes to processes, equipment, raw materials and end products at a facility, in such a way as to avoid formal submittal and processing of significant permit modifications (SPM) and minor permit modifications (MPM) during the term of the permit. The FAP rule did not increase the number of sources subject to title V permitting, and it only applies to a relatively small number of new and existing sources that would need to get a permit anyway. While there is typically an increased burden to put the flexible provisions in the permit, once added, they allow the source to avoid permit modifications on a recurring, open-ended basis, resulting in an overall decrease in burden over the long term.

The EPA estimated in the FAP rule ICR that 5 percent of the total number of existing sources subject to part 70 would obtain a comprehensive flexible permit (a "Tier 1" permit) and that an additional 10 percent of all existing sources and new sources subject to part 70 would seek simpler flexible permits ("Tier 2" permits). The FAP rule ICR assumed all existing part 70 sources would be issued Tier 1 and 2 permits during the period of that ICR, and that there would be no new Tier 1 permits needed after that period ended. Thus, for this ICR period, we assume that only new Tier 2 permits will be issued, and they will comprise 10 percent of new permits issued during the period.

Table 8 lists the burden categories for respondent sources, the number of affected permits for each activity, and the expected incremental burden hours and costs for each, based on the burden estimations made in the previous OMB-approved ICR change worksheet for the FAP rule. The table shows incremental burden increases for issuing new Tier 2 permits and burden decreases for avoided permit modifications for all Tier 1 and 2 permits. Tables 9 and 10 present the same analysis for permitting authorities (both the EPA and delegate agencies) and the EPA (in our oversight role), respectively. In Table 9, we first calculate the total impact of the FAP rule across all permits, and then apportion that burden and cost between the one delegate permitting authority and the EPA as above.

Note that our assumptions for the mix of activities expected to occur under the FAP rule have changed compared to the OMB-approved change worksheet due to the normal evolution of the program (i.e., by May 2012, the beginning of this ICR renewal period, all eligible existing permits have been changed to add Tier 1 and 2 flexibility and only new Tier 2 permits will need to add such flexibility during the term of the ICR renewal). Also, the number of affected permits has changed because our assumptions concerning the number of existing permits over the period (discussed previously) have changed since the FAP rule ICR.

 Table 8. Three-Year and Annual Incremental Burden of the FAP Rule for Sources

                                   Activity
                            Burden Hours per Permit
                               Affected Permits
                              Total 3-Year Burden
                                    (Hours)
                               Total 3-Year Cost
                                    (2011$)
Tier 1  -  5 MPM Avoided per year
                                                                            -40
                                                                              9
                                                                         -5,400
                                                                      -$345,600
Tier 1  -  1 SPM Avoided every 5 years
                                                                            -80
                                                                              9
                                                                           -400
                                                                       -$25,600
Tier 2  -  New Permit
                                                                             60
                                                                              7
                                                                            420
                                                                        $26,880
Tier 2  -  1 MPM Avoided per year
                                                                            -40
                                                                             17
                                                                         -2,040
                                                                      -$130,560
Total                                                                                3-year
                                                                         -7,420
                                                                      -$474,880
                                                                    Annual
                                                                         -2,473
                                                                      -$158,293

Table 9. Three-Year and Annual Incremental Burden of the FAP Rule for Permitting Authorities (EPA and Delegate Agencies)

                                   Activity
                            Burden Hours per Permit
                               Affected Permits
                              Total 3-Year Burden
                                    (Hours)
                               Total 3-Year Cost
                                    (2011$)
Tier 1  -  5 MPM Avoided per year
                                                                            -30
                                                                              9
                                                                         -4,050
                                                                      -$210,600
Tier 1  -  1 SPM Avoided every 5 years
                                                                            -90
                                                                              9
                                                                           -450
                                                                       -$23,400
Tier 2  -  New Permit
                                                                             45
                                                                              7
                                                                            315
                                                                        $16,380
Tier 2  -  1 MPM Avoided per year
                                                                            -30
                                                                             17
                                                                         -1,530
                                                                       -$79,560
Total  for all Permitting Authorities                                 3-year
                                                                         -5,715
                                                                      -$297,180
                                                                         Annual
                                                                         -1,905
                                                                       -$99,060
 Total for the Delegate Permitting Authority                  Annual
                                                                           -153
                                                                        -$7,970
 Total for the EPA                                                              Annual
                                                                         -1,752
                                                                       -$91,090

Table 10. Three-Year and Annual Incremental Burden of the FAP Rule for EPA Oversight of Delegate Agencies

                                   Activity
                            Burden Hours per Permit
                               Affected Permits
                              Total 3-Year Burden
                                    (Hours)
                               Total 3-Year Cost
                                    (2011$)
Tier 1  -  5 MPM Avoided per year
                                                                             -1
                                                                              1
                                                                            -15
                                                                          -$780
Tier 1  -  1 SPM Avoided every 5 years
                                                                             -8
                                                                              1
                                                                             -8
                                                                          -$416
Tier 2  -  New Permit
                                                                              8
                                                                              0
                                                                              0
                                                                             $0
Tier 2  -  1 MPM Avoided per year
                                                                             -1
                                                                              2
                                                                             -6
                                                                          -$312
Total                                                                                3-year
                                                                            -29
                                                                        -$1,508
                                                                         Annual
                                                                            -10
                                                                          -$503

The GHG Tailoring rule, also promulgated during the term of the last ICR renewal, "tailors" the requirements of the Act to limit the number of facilities that would otherwise be required to obtain title V permits solely due to their emissions of Greenhouse Gases (GHGs). As a result of actions to regulate GHGs under other CAA programs, GHGs are now required to be addressed under the title V program. The GHG Tailoring rule is necessary because the statutory definitions that have been used for other air pollutants to determine which sources are "major sources" subject to title V permitting, if implemented immediately for GHGs, would bring so many sources into the programs as to overwhelm the capabilities of permitting authorities to issue permits. Accordingly, the EPA adopted the GHG Tailoring rule to phase in coverage of GHG-emitting sources under the title V program. We are currently in Step 2 of the implementation schedule of the GHG Tailoring rule, and the EPA assumes that there will be about 552 GHG sources subject to part 70 solely due to GHG emissions during the 3-year period of this ICR renewal, and that all of these sources will be issued single-source permits (i.e., not general permits). For part 71, we estimate there will be up to six new sources subject solely due to GHG emissions.

The baseline burden associated with part 71 is shown above in Tables 6 and 7 for sources and permitting authorities (both the EPA and delegated agencies), respectively. The baseline burden incurred by the EPA in our oversight role is discussed above in section 6(c). The burden for each activity in these analyses is based on the assumptions of the 2007 ICR renewal. The six additional GHG sources are included as well. The baseline burden figures, however, do not include the incremental burden for addressing GHG emissions in permits that apply to both GHG and non-GHG subject sources. The incremental GHG burden is shown below in Tables 11, 12 and 13 for sources, permitting authorities (both the EPA and delegate agencies) and the EPA (in our oversight role). As above, Table 12 shows the total permitting authority burden hours and cost for all permits, followed by the burden apportioned between the delegate permitting authority and the EPA. Note that the EPA assumes the burden for issuing new GHG permits is the same as non-GHG permits, so there is no incremental burden for new permit issuance included in the tables below (it is included in Tables 6 and 7 instead).

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

Table 11 lists the burden categories for respondent sources, the number of affected permits for each activity, and the expected incremental burden hours and costs for each, based on the burden estimations made in the previous OMB-approved ICR change worksheet for the GHG Tailoring rule. Compared to the change worksheet for this rule, these tables have been updated to reflect the number of affected permits and the mix of activities expected to occur due to the expected evolution of the program. Tables 12 and 13 present the same analysis for permitting authorities and the EPA, respectively.

Table 11. Three-Year and Annual Incremental Burden of the GHG Tailoring Rule for Sources

                                   Activity
                            Burden Hours per Permit
                               Affected Permits
                                     Total
                             3-Year Burden (Hours)
                               Total 3-Year Cost
                                    (2011$)
Prepare Application (add GHG to non-GHG permit)
                                                                             34
                                                                             34
                                                                          1,156
                                                                        $73,984
Modification due to GHG
                                                                             43
                                                                             30
                                                                          1,290
                                                                        $82,560
Modification to address GHG in non-GHG permit
                                                                              4
                                                                            231
                                                                            924
                                                                         $59136
Address GHG at Renewal
                                                                             20
                                                                             62
                                                                          1,248
                                                                       $179,872
Total                                                                                3-year
                                                                          4,618
                                                                       $295,552
                                                                         Annual
                                                                          1,539
                                                                        $98,517

Table 12. Three-Year and Annual Incremental Burden of the GHG Tailoring Rule for Permitting Authorities (EPA and Delegate Agencies)

                                   Activity
                            Burden Hours per Permit
                               Affected Permits
                          Total 3-Year Burden (Hours)
                               Total 3-Year Cost
                                    (2011$)
Prepare Application (add GHG to non-GHG permit)
                                                                             43
                                                                             34
                                                                          1,462
                                                                        $76,024
Modification due to GHG
                                                                             40
                                                                             30
                                                                          1,200
                                                                        $62,400
Modification to address GHG in non-GHG permit
                                                                              4
                                                                            231
                                                                            924
                                                                        $48,048
Address GHG at Renewal
                                                                              9
                                                                             62
                                                                            562
                                                                        $29,203
Total                                                                                3-year
                                                                          4,148
                                                                       $215,675
                                                            Annual
                                                                          1,383
                                                                        $71,892
 Total for the Delegate Permitting Authority                                    Annual
                                                                            111
                                                                         $5,784
 Total for the EPA                                                                                Annual
                                                                          1,272
                                                                        $66,107

Table 13. Three-Year and Annual Incremental Burden of the GHG Tailoring Rule for EPA Oversight of Delegate Agencies

                                   Activity
                            Burden Hours per Permit
                               Affected Permits
                          Total 3-Year Burden (Hours)
                               Total 3-Year Cost
                                    (2011$)
Review Modification due to GHG
                                                                              8
                                                                              2
                                                                             16
                                                                           $832
Consult on Modification due to GHG
                                                                              8
                                                                              1
                                                                              8
                                                                           $416
Total                                                                                3-year
                                                                             24
                                                                         $1,248
                                                                         Annual
                                                                              8
                                                                           $416

6(e)(i) Respondent Tally

Tables 2 and 3 above display the activities of the part 71 program carried out by sources and permitting authorities, respectively. Section 6(b)(i) explains the derivation of the hourly cost of labor for sources and delegate permitting authorities. Tables 6 and 7 summarize the expected baseline burden and costs (in 2011 dollars) over the 3-year period of this ICR renewal for sources and permitting authorities. The baseline burden and costs, which are based on the methodology of the previous ICR renewal, do not account for changes to the approved burden from the FAP rule and the GHG Tailoring rule. The incremental burden and costs attributable to the FAP rule are shown in Tables 8 and 9 for sources and permitting authorities, respectively, and that attributable to the GHG Tailoring rule is shown in Tables 11 and 12. In table 14 we show the calculation of the bottom line average annual burden for respondents (i.e., sources and the single delegate permitting authority), and in Table 15 the calculation of the bottom line average annual cost, adjusted for the FAP and GHG Tailoring rules. As can be seen from these tables, the FAP rule and the GHG Tailoring rule resulted in nearly offsetting decreases and increases, respectively, in burden and cost. Overall, there is a small decrease in burden for sources and the delegate permitting authority.

 Table 14. Calculation of Bottom Line Average Annual Respondent Burden Hours

                                  Respondent
                                   Baseline
                                 Flexible Air
                                  Permit Rule
                                     GHG
                                Tailoring Rule
                                     Total
Sources
                                                                         37,309
                                                                         -2,473
                                                                          1,539
                                                                         36,375
Delegate Permitting Authority
                                                                          1,296
                                                                           -153
                                                                            111
                                                                          1,254
Total
                                                                         38,605
                                                                         -2,626
                                                                          1,650
                                                                         37,629

 Table 15. Calculation of Bottom Line Average Annual Respondent Cost (2011$)

                                  Respondent
                                   Baseline
                           Flexible Air Permit Rule
                              GHG Tailoring Rule
                                     Total
Sources
                                                                     $2,387,755
                                                                      -$158,293
                                                                        $98,517
                                                                     $2,327,979
Delegate Permitting Authority
                                                                        $67,378
                                                                        -$7,970
                                                                         $5,784
                                                                        $65,192
Total
                                                                     $2,455,133
                                                                      -$166,263
                                                                       $104,301
                                                                     $2,393,171

Table 16 shows the bottom line average annual burden and cost for the source and delegate permitting authority respondents under this ICR renewal for implementation of the part 71 Operating Permit Program between May 2012 and April 2015. As the table shows, the Agency anticipates it will take somewhat over 36,000 hours per year for the 174 sources subject to part 71 permitting to perform all the functions required by title V. This averages out to about 209 hours per source  -  just over 5 weeks of a full time employee's time. The cost associated with that burden is relatively small  -  under $14,000.

For the single delegate permitting authority (the NNEPA), Table 16 shows that we estimate that the burden associated with the part 71 Operating Permit Program will be well under 1,300 hours per year, or about 90 hours and $4,700 for each of the 14 permits administered by the agency. However, this cost cannot be considered an Unfunded Mandate from the federal government, because the net cost to permitting authorities for their management of an operating permit program must, by law, be passed on to sources in the form of permit fees of sufficient magnitude to fully offset all permit management costs. Therefore, the true annual cost to the delegate permitting authority under part 71 is zero, and the true annual cost to sources is the sum of their direct costs ($2.3 million as shown in Table 16) and the costs incurred by both the delegate permitting authority (about $65,000 as shown in Table 16) and the EPA in its role as permitting authority (about $745,000 as shown below in Table 18), or approximately $3.1 million per year. This total averages out to about $18,000 per permit.

  Table 16. Bottom Line Average Annual Respondent Burden and Cost (2012-2015)

                              Type of Respondent
                          Number of Affected Entities
                         Average Annual Burden (Hours)
                 Average Annual Burden per Respondent (Hours)
                   Average Annual Burden per Source (Hours)*
                          Average Annual Cost (2011$)
                  Average Annual Cost per Respondent (2011$)
                    Average Annual Cost per Source (2011$)*

                                    Sources
                                                                            174
                                                                         36,375
                                                                            209
                                                                            209
                                                                    $2,327,979
                                                                       $13,379
                                                                       $13,379
                         Delegate Permitting Authority
                                                                              1
                                                                          1,254
                                                                          1,254
                                                                             90
                                                                       $65,192
                                                                       $65,192
                                                                        $4,657
                                     Total
                                                                            175
                                                                         37,629
                                      NA
                                      NA
                                                                    $2,393,171
                                      NA
                                      NA
* Per-source figures for the delegate permitting authority are based on the 14 sources administered by the NNEPA.

6(e)(ii) The Agency Tally

Table 3 above displays the activities undertaken by the federal government (EPA) for the part 71 program in its role as permitting authority, and Table 4 shows the activities undertaken by the EPA in its oversight role for delegate permitting authorities. Section 6(c) gives the derivation of hourly costs for the EPA. Table 7 gives the expected baseline burden and cost for the EPA as permitting authority, and section 6(c) discusses the baseline burden and costs for the EPA in overseeing delegate permitting authorities. The incremental burden and cost attributable to the FAP rule are shown in Tables 9 and 10 for the EPA's two roles, and those attributable to the GHG Tailoring rule are shown in Tables 12 and 13. In Tables 17 and 18 we show the calculation of the average annual burden and cost for the EPA, adjusted for the FAP and GHG Tailoring rules.

     Table 17. Calculation of Bottom Line Average Annual EPA Burden Hours

                                     Role
                                   Baseline
                                 Flexible Air
                                  Permit Rule
                                     GHG
                                Tailoring Rule
                                     Total
Permitting Authority
                                                                         14,808
                                                                         -1,752
                                                                          1,272
                                                                         14,328
Oversight of Delegate Agencies
                                                                             28
                                                                            -10
                                                                              8
                                                                             26
Total
                                                                         14,836
                                                                         -1,762
                                                                          1,280
                                                                         14,354

     Table 18. Calculation of Bottom Line Average Annual EPA Cost (2011$)
                                     Role
                                   Baseline
                           Flexible Air Permit Rule
                              GHG Tailoring Rule
                                     Total
Permitting Authority
                                                                       $770,030
                                                                       -$91,090
                                                                        $66,107
                                                                       $745,047
Oversight of Delegate Agencies
                                                                         $1,456
                                                                          -$503
                                                                           $416
                                                                         $1,369
Total
                                                                       $771,486
                                                                       -$91,593
                                                                        $66,523
                                                                       $746,416

As can be seen from Tables 17 and 18, the total, bottom line burden incurred by the EPA for the part 71 Operating Permit Program is estimated to be about 14,400 hours and $750,000 dollars per year. This total represents approximately 82 hours and $4,300 per source across the two roles fulfilled by the Agency. As a permitting authority, the EPA's bottom line annual burden is about 14,300 per year at a cost of about $745,000, or an average of approximately 90 hours and $4,700 for each of the 160 sources to be administered by the EPA. In overseeing the delegate permitting authority, the EPA expects an annual burden of less than 30 hours and $1,500 per year, for an average of 2 hours and $100 for each of the 14 sources administered by the NNEPA.

6(e)(iii) Variations in the Annual Bottom Line

The annual burden is not expected to change significantly from year to year over the 3 years covered by this ICR renewal. However, the burden is expected to increase incrementally each year as the number of permitted sources increases by about 6 to 7 percent per year.

6(f) Reasons for Change in Burden

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

Table 19 compares the respondent burden in the 2007 ICR renewal with the burden in this ICR renewal. The approved burden level in the previous ICR was about 27,000 hours per year for sources, while this ICR estimates total annual burden for sources at over 36,000 burden hours per year. This change in burden from the previous ICR renewal is primarily due to updated estimates of the number of sources and permits, rather than any new federal mandates (the FAP and the GHG Tailoring rules were previously approved by OMB, but this is the first ICR renewal to address them simultaneously and update them for the current stage of implementation). In the last ICR there were 123 sources subject to administration by the EPA, while this one assumes there will be 174 sources, of which 14 will be subject to delegate agency administration and 160 subject to EPA administration. Permitting by the delegate permitting authority accounts for about 1,250 hours in this ICR renewal, while the previous ICR included no burden for this type of respondent because no delegate agencies had been approved at that time.

         Table 19. Burden Change from 2007 ICR to Current ICR (Hours)

                              Type of Respondent
                       Average Annual Burden in 2007 ICR
                     Average Annual Burden in ICR Renewal
                                  Difference

Sources
                                                                         27,218
                                                                         36,375
                                                                          9,157
Delegate Permitting Authorities
                                                                              0
                                                                          1,254
                                                                          1,254
Total
                                                                         27,218
                                                                         37,629
                                                                         10,411

For the EPA, the estimated burden level in the 2007 ICR renewal was about 12,400 hours per year, which we estimate will increase to an average of about 14,400 hours per year over the 3 years of this ICR renewal. As with sources, this increase is largely the result of an increase in the number of existing and projected new sources subject to the part 71 program, although we estimate that a small portion of the increase (less than 30 hours annually) will be expended in oversight of the one delegate permitting authority. In addition, we updated the cost of labor assumed for the EPA (see section 6(c)). Based on the projected increases in burden hours and the dollar-per-hour rate for EPA labor, we estimate that the cost to the federal government of the part 71 program will increase by about $190,000 per year.

6(g) Burden Statement

Following in Table 19 is the apportioned burden for each type of respondent, i.e. sources and the single delegate permitting authority. This is derived from the total hourly burden for sources divided by the number of sources, and similarly for the delegate permitting authority.

                      Table 20. Burden Statement (Hours)

                              Type of Respondent
                             Number of Respondents
                              Total Annual Burden
                     Average Annual Burden per Respondent
                       Average Annual Burden per Source*

Sources
                                                                            174
                                                                         36,375
                                                                            209
                                                                            209
Permitting Authorities
                                                                              1
                                                                          1,254
                                                                          1,254
                                                                             90
* Per-source figures for the delegate permitting authority are based on the 14 sources administered by the NNEPA.

For the federal government, the EPA is the only affected entity covered by this ICR. We project an annual burden of 14,354 hours for the EPA, or about 82 hours per source. This per-source average encompasses the EPA's role as a permitting authority (about 90 hours for each of 160 sources) and in providing oversight for the delegate agency (about 2 hours for each of 14 sources).

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 the 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, the EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2004-0016, which is available for online viewing at 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<PHONE_NUMBER>, and the telephone number for the Air and Radiation Docket and Information Center is<PHONE_NUMBER>. 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 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-2004-0016 and OMB Control Number 2060-0336 in any correspondence.

                                 ATTACHMENT 1

             THE STATUTORY REQUIREMENTS FOR REPONDENT INFORMATION

            SECTIONS 502 THROUGH 504 OF TITLE V OF THE CLEAN AIR ACT

                           SEC. 502. PERMIT PROGRAMS

 	 (a)  Violations.-  After the effective date of any permit program approved or promulgated under  this title, it shall be unlawful for any person to violate any requirement of a permit issued under this title, or to operate an affected source (as provided in title IV), a major source, any other  source (including an area source) subject to standards or regulations under section 111 or 112,  any other source required to have a permit under parts C or D of title I, or any other stationary source in a category designated (in whole or in part) by regulations promulgated by the  Administrator (after notice and public comment) which shall include a finding setting forth the basis for such designation, except in compliance with a permit issued by a permitting authority under this title. (Nothing in this subsection shall be construed to alter the applicable requirements of this Act that a permit be obtained before construction or modification.)  The Administrator may, in the Administrator's discretion and consistent with the applicable provisions of this Act, promulgate regulations to exempt one or more source categories (in whole or in part) from the requirements of this subsection if the Administrator finds that compliance with such requirements is impracticable, infeasible, or unnecessarily burdensome on such categories, except that the Administrator may not exempt any major source from such requirements.
 	(b)  Regulations.-  The Administrator shall promulgate within 12 months after the date of the enactment of the Clean Air Act Amendments of 1990 regulations establishing the minimum elements of a permit program  to be administered by any air pollution control agency. These elements shall include each of the following:
 	(1)  Requirements for permit applications, including a standard application form and criteria for determining in a timely fashion the completeness of applications.
 	(2)  Monitoring and reporting requirements.
 	(3)(A)  A requirement under State or local law or interstate compact that the owner or operator of all sources subject to the requirement to obtain a permit under this title pay an annual fee, or the equivalent over some other period, sufficient to cover all reasonable (direct and indirect) costs required to develop and administer the permit program requirements of this title, including section 507, including the reasonable costs of -
 	(i)  reviewing and acting  upon any application for such a permit,
 	(ii)  if the owner or operator receives a permit for such source, whether before or after the  date of the enactment of the Clean Air Act Amendments of 1990, implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs  associated with any enforcement action),
 	(iii)  emissions and ambient monitoring,
 	(iv)  preparing generally applicable regulations, or guidance,
 	(v)  modeling, analyses, and demonstrations, and
 	(vi)  preparing inventories and tracking emissions.
 	(B) The total amount of fees collected by the permitting authority shall conform to the following requirements:
 	(i)  The Administrator shall not approve a program as meeting the requirements of this  paragraph unless the State demonstrates that, except as otherwise provided in subparagraphs (ii)  through (v) of this  subparagraph, the program will result in the collection, in the aggregate,  from all sources subject to subparagraph (A), of an amount not less than $25 per ton of each regulated pollutant, or such other amount as the Administrator may determine adequately  reflects the reasonable costs of the permit program.
 	(ii)  As used in this subparagraph, the term "regulated pollutant" shall mean (I) a volatile organic compound; (II) each pollutant regulated under section 111 or 112; and (III) each  pollutant for which a national primary ambient air quality standard has been  promulgated (except that carbon monoxide shall be excluded from this reference).
 	(iii)  In determining the amount under clause (i), the permitting authority is not required to include any amount of regulated pollutant emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
 	(iv) The requirements of clause (i) shall not apply if the permitting authority demonstrates that collecting an amount less than the amount specified under clause (i) will meet the requirements of subparagraph (A).
 	(v)  The fee calculated under clause (i) shall be increased (consistent with the need to cover the reasonable costs authorized by subparagraph (A)) in each year beginning after the year of the enactment of the Clean Air Act Amendments of 1990 by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this clause -
 	(I) the Consumer Price Index for any calendar year is the average of the Consumer Price  Index for all-urban consumers published by the Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year, and
 	(II) the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1989 shall be used.