EPA United States Environmental Protection Agency Office of Air and Radiation Office of Air Quality Planning and Standards Innovative Strategies and Economics Group Operating Permits Group April, 2004 INFORMATION COLLECTION REQUEST FOR PART 70 OPERATING PERMITS REGULATIONS prepared by Arturo D. Rios, Economist Daniel Charles Mussatti, Senior Economist Innovative Strategies and Economics Group Air Quality Strategies and Standards Division and Grecia Castro, Environmental Scientist Operating Permits Group Information Transfer and Program Integration Division EPA # 1587.06 The approved burden level in the previous ICR was 3.2 million hours per year for sources, 1.6 million burden hours per year for permitting authorities ( PAs), and 44 thousand hours for the Federal government; for a total of 4.8 million hours each year. The current ICR predicts 4.0 million, 1.1 million, and 28 thousand hours, respectively, for each respondent group, for a total of 5.1 million hours. Overall, this is an expected increase in burden of 300 thousand hours. This increase in burden reflects an increase in the number of sources with issued permits that will be performing collection activities during the ICR period. For sources, this is an increase in burden of 784 thousand hours, primarily due to operating gap filling monitoring, preparing monitoring and annual compliance certification reports and preparing renewal applications, despite the offset from the concomitant burden reduction due to the majority of sources having completed their permit applications. The Agency predicts States and other permitting authorities will benefit from a burden reduction of about 454 thousand hours per year. The Federal government will receive an expected 16 thousand hour reduction in burden.

TABLE E 1 Burden Change from January 2000 ICR to Current ICR Average Annual Burden in January 2000 ICR Average Annual Burden in ICR Renewal Difference Sources PAs Federal 3,194,557 1,585,063 44,297 3,978,858 1,130,690 28,294 784,301 ( 454,373) ( 16,003)

Total 4,823,917 5,137,824 313,925 Table E 1 displays the expected annual burden and the expected change in annual burden for sources, permitting authorities, and the Federal government for implementation of the title V Operating Permits Program between October 2004 and October 2007. Of the 5.1 million hours the Agency anticipates it will take to perform all the functions required each year, over 3 quarters of the burden applies to sources. However, the magnitude of the total expected burden can be misleading, due to the number of permitted sources. For the 17,626 sources included in this analysis, the average expected burden is relatively small  less than 6 weeks of a full time employee's time.

Permitting authorities incur about 22 percent of the burden of part 70 management, with the total burden spread between a significantly smaller number of entities than that for sources. On average, the Agency estimates 1United States Environmental Protections Agency, Information Collection Request for Part 70 Operating Permit Regulations, January 2000. the burden associated with the title V Operating Permits Program will be about 10,000 hours per year per PA. Each PA can expect to expend an average of 64 hours of effort per source each year, at a cost of about $ 2,400 per permit. However, PA burden cannot be considered an Unfunded Mandate because the net cost to permitting authorities for their management of an operating permits program must, by law, be passed on to the PA's sources through the permit fee. The cost of permits to sources must be of sufficient magnitude to fully offset all permit management costs. Hence, the true annual cost to permitting authorities under title V is zero, and the true annual cost to sources is $ 170.3 million, approximately $ 9,700 per source per year.

The burden and cost savings represented in this ICR for Federal oversight derives from a reduction in the overall level of effort expected in those burden categories pertinent to the issuance of initial permits. For instance, the previous ICR ( 2000 ICR) anticipated the EPA would review and consult with the permitting authority to resolve issues in 2,506 initial permits. 1 This ICR, however, estimates the Agency will probably review drafts and resolve issues for no more than 355 initial permits and 320 permit renewals.

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, because this ICR represents regulatory relief relative to its predecessor, there are no adverse effects to be identified vis a vis small entities and small businesses. Table of Contents Executive Summary               ...................... E 1 1. Identification of the Information Collection     .. ..... 1 2. Need and Use of the Collection            ..... 3 3. Non Duplication, Consultation, and Other Collection Criteria                 ..... 5 4. The Respondents and the Information Requested    ..... 8 5. The Information Collected Collection Methodology, And Information                  ... 11 6. Estimating the Burden and Cost of the Collection   ....  13 Attachment 1 March 23, 2004 Federal Register Notice       .................... 27 Attachment 2 Assumptions for Part 70 ICR Renewal        .................. 32 Attachment 3 Worksheets for Burden Estimates          .................. 39 Attachment 4 2002 Wage Rate Adjustment and Cost Tables...................................... 48 Attachment 5 Title V of the Clean Air Act, The Statutory Requirements For the Respondent Information          .................... 51 1 1 Identification of the Information Collection 1.1 Title 1.2 Description This analysis is titled: " Information Collection Request for Part 70 Operating Permits Regulations." It fulfills the Agency's requirements under the Paperwork Reduction Act ( PRA) to determine, report, and periodically update the regulatory burden associated with the Operating Permits Program, codified in section 40 of the Code of Federal Regulations ( 40 CFR) part 70. This report has been assigned EPA tracking number ICR # 1587.06. The OMB control number for this ICR is 2060 0243.

Title V of the Clean Air Act requires States to develop and implement a program for issuing operating permits to all sources that fall under any Act definition of major and certain other non major sources that are subject to Federal air quality regulations. The Act further requires EPA to develop regulations that establish the minimum requirements for those State operating permits programs and to oversee their implementation. The EPA regulations setting forth requirements for the operating permits programs were codified at 40 CFR part 70 on July 21, 1992.

The activities that will occur during the period of this ICR include: ° permitting authorities issuing the remaining permits; ° sources submitting semi annual monitoring and annual compliance certification reports; ° permitting authorities reviewing those reports; ° sources submitting applications for permit revisions; ° permitting authorities processing permit revisions; ° sources applying for permit renewal; ° permitting authorities renewing permits; ° newly subject sources submitting permit applications; and ° permitting authorities issuing new permits.

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

The Agency anticipates annualized direct costs of the part 70 permit program 2 for the three years of the ICR to subject sources to be approximately $ 385.5 million. These represent the direct administrative costs for 17,626 sources, or approximately $ 7,300 per source per year ( 226 hours per source per year). The Agency estimates the cost of the part 70 permit program for the three years of the ICR to permitting authorities to be approximately $ 125.5 million ($ 2,400 and 64 hours per source per year) while Federal costs for the three years of the ICR will be approximately $ 3.1 million ( 2 hours and $ 59 per source per year). 3 2 Need and Use of the Collection 2.1 Need/ Authority for the Collection 2.2 Practical Utility/ Users of the Data 2.3 Caveats and Considerations In implementing title V of the Act and EPA's part 70 operating permits for the regulations, State and local permitting authorities must develop programs and submit them to EPA for approval ( section 502( d)). Sources subject to the program must prepare operating permit applications and submit them to the permitting authority within 1 year after approval of the program by EPA ( section 503). Permitting authorities will then issue permits ( section 503( c)) and thereafter enforce, revise, and renew those permits at no more than 5 year intervals ( section 502( b)( 5)). Permit applications and proposed permits will be provided to, and are subject to review by, EPA ( section 505( a)). The permit and all information submitted by a source shall be available for public review except for confidential information which will be protected from disclosure ( section 503( e)) and the public shall be given public notice of, and an opportunity for comment on, permit actions ( section 502( b)( 6)). Sources will submit monitoring reports semi annually and compliance certification reports annually, to the permitting authorities ( section 503( b)( 2)). The EPA has the responsibility to oversee implementation of the program ( section 502( c)). A copy of sections 502 through 504 of title V of the Act are in Attachment 1.

The burden estimates included in this ICR include the total burden of implementing the part 70 operating permits program. For the 3 year period covered by this ICR, all State programs ( including those portions of States for which an operating permits program is being implemented by a local agency) have been submitted to EPA and have been granted full approval. All permit applications have been submitted to State or local permitting authorities except for sources that will newly be subject to the program.

To carry out the remaining activities of the program ( listed above in section 1.2), permitting authorities must obtain the required information from sources subject to the program and they must then carry out their functions ( e. g., permit issuance, renewal, and revision and report review) based on the information.

The information included in this ICR is based upon the best data sources available to the Agency at this time. However, inconsistencies in PA reporting techniques, incomplete data sets, and sampling limitations imposed upon the Agency by the Paperwork Reduction Act necessitated a certain amount of extrapolation and " best guess" estimations by permitting authority 4 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 three years of this ICR. Instead, this ICR should be considered a directionally correct assessment of the impact the Operating Permits Program will have over the next three years.

Throughout this ICR, the reader will observe estimated values that show accuracy to the single hour or dollar. Because this ICR estimates the expected impact of the Operating Permits Program, reporting values at the single unit level may be misleading. In most situations, the proper way to present estimated data would be to determine an appropriate level of precision and truncate values accordingly, usually in terms of thousands or millions of units. For instance, a spreadsheet generated estimation of $ 5,456,295 would 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. 5 3 Non Duplication, Consultation, and Other Collection Criteria 3.1 Non Duplication 3.2 Public Notice Requirements 3.3 Consultations While much of the information requested under this ICR existed prior to the creation of the operating permits 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 70 program may replace those activities thus avoiding duplication of efforts.

For any existing rule, § 3507( g) of the PRA limits how long a Director may take to approve a collection of information to 3 years. The 1992 ICR for part 70 expired in July 1995 and was granted an extension to September 30, 1996 to accommodate changes that had occurred to the program since the approval of the 1992 ICR. On February 28, 1997, OMB approved the renewed ICR for part 70 ( EPA tracking number 1587.04). That ICR renewal would have expired on February 28, 2000, but OMB granted an extension before approving the ICR renewal for the period of October 2001 until October 31, 2004 ( EPA tracking number 1587.05). This ICR is a renewal of the part 70 ICR until October 31, 2007.

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 EPA to solicit comment on each proposed information collection, including the renewal or modification of any existing ICR. On March 23, 2004 ( 69 FR 13524) EPA published a notice soliciting comment on an analysis of burden for the part 70 program for the 3 year period of this ICR ( i. e., October 31, 2004 to October 31, 2007). EPA received no comments. A copy of the March 2004 notice is attached as Attachment 2.

In updating this ICR, EPA relied on the latest information on the number of sources subject to the program and the number of permits issued which is provided to EPA's regional offices, quarterly, by permitting authorities 6 3.4 Effects of Less Frequent Collection within their jurisdictions. Also, EPA contacted Mary Stewart Douglas of the State and Territorial Air Pollution Program Administrators and the Association of Local Air Pollution Control Officers ( STAPPA/ ALAPCO) about gaining input from STAPPA/ ALAPCO's membership, regarding burden associated with title V activities, for the current update. The association expressed interest in providing input for un update, but regretted that a meaningful survey could not be done within the time constraints of the ICR renewal. EPA remains committed to accept this input any time it is completed and to consider this information for future updates. In addition, there are two current EPA Activities that will yield additional title V burden information for the next renewal. One of these activities is a nationwide, comprehensive evaluation of the majority of title V operating permits programs, which is to be completed by September 2006. The second activity is a stakeholder effort to assess all aspects of the title V program, currently lead by the Clean Air Act Advisory Committee.

The burden estimates for specific activities for this ICR renewal continue to rely on consultations conducted for the previous ICR, as shown below.

Permitting authorities contacted by EPA:

° Tom Micai, New Jersey DEP, 609 292 0834 ° Lisa McClung, West Virginia DEP, 304 558 0885 ° Wayne Anderson, Mississippi DEQ, 601 961 5153 ° Rick McVaigh, San Joaquin UAPCD, 209 497 2000 Geri O. Sullivan of STAPPA/ ALAPCO contacted the following members and provided their responses to EPA:

° Jim Ross, Illinois EPA, 217 782 4651 ° Brian Fitzgerald, Vermont ANR, 802 241 3848 ° Phil Davis, Alabama DEM, 334 271 7875 ° Curt Marshall, Regional Air Pollution Control Agency ( Dayton, OH), 937 225 4435 ° Renee Bashel, Wisconsin DNR, 608 266 7718 In general, the information collections included in this ICR are one time submittals per activity ( e. g., permit application, permit issuance, permit 7 3.5 General Guidelines 3.6 Confidentiality 3.7 Sensitive Questions revision). Exceptions are deviation reports that must be submitted " promptly" and the semi annual monitoring data report and the annual compliance certification. These reports are required by section 503( b)( 1) and ( 2), respectively, of the Act and EPA has no leeway to require less frequent reporting.

None of the reporting or recordkeeping requirements violate any of hte regulations established by OMB at 5 CFR 1320.5. Part 70 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.

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

None of the reporting or recordkeeping requirements contain sensitive questions. 2 All definitions of " major" in the Act.

8 4 The Respondents and the Information Requested 4.1 Respondents 4.2 Information Requested Respondents to this information collection come from two groups: permitting authorities ( PAs) and sources required to obtain an operating permit.

All States are required by title V to develop a part 70 operating permits program. In many instances, local agencies administer a program in their jurisdiction in lieu of the State and are thereby subject to the same program requirements as States. In total, there are 112 State, territorial, and local agencies administering operating permits programs.

Under title V, all major stationary sources must obtain an operating permit. 2 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 ( including standards for hazardous air pollutants). Some of these sources have been exempted from the program or the applicability of the program requirements are deferred until some future date. Information provided to the EPA by permitting authorities indicate 17,476 sources are now subject to the program, representing more than 500 SIC codes. Additional information ( including SIC codes) on sources subject to title V is found by accessing the web page, below. http:// www. epa. gov/ Compliance/ planning/ data/ air/ afsmajorsources. pdf All activities associated with the operating permits program are considered information collection activities and are reflected in the ICR for part 70. Following are lists of the operating permits program data items submitted by sources and permitting authorities and program activities performed by permitting authorities and sources. These lists differ from those included in previous part 70 ICRs because experience gained in implementing the program allows a more realistic breakout of activities. The Agency believes the list of tasks below more accurately represents the burdens experienced by sources and permitting authorities and allows a more accurate estimate of burden. 9 4.2.1 Data Items Submitted including Recordkeeping Requirements 4.2.2 Respondent Activities Permitting Authorities ( submitted to EPA) ° Application for permits, permit revisions, and permit renewals ° Draft/ proposed permits, permit revisions, or permit renewals ° Final permit ° Annual report of enforcement activities Sources ( submitted to permitting authority): ° Application for permits, permit revisions, and permit renewals ° Deviation reports that must be filed " promptly" ° Semi annual periodic monitoring report ° Annual compliance certification report PERMITTING AUTHORITY ACTIVITIES ° Program administration: Responding to inquiries about the program, developing internal and external program guidance, planning, attending program training, permit fee collection, providing source training, attending EPA 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 ° Draft permit preparation: including contact with the source ° Comment period notification: Providing notice to the public, EPA, and affected States of the comment period on a draft permit ° Public hearing administration ° Interaction with 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 permit accordingly ° Permit issuance: including web activities and source notification ° General permits administration ( Burden for issuing general permits included with other permit issuance burden) ° Permit revision ° Permit renewal: ( reviewing application, drafting any changes, public notice, issuance) ° Monitoring and compliance certification: Reviewing deviation and semiannual monitoring reports and annual compliance certification ° Annual reporting: Preparing and submitting to EPA annually a report of the State's enforcement activities 10 5 The Information Collected  Collection Methodology, and Information Management SOURCE 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 ° Public hearing participation ° Operate gap filling periodic monitoring ( annual burden to operate monitors, keep records, etc.) ° Monitoring reports: Preparing deviation and semi annual monitoring data reports, including data analysis, responsible official certification, and report submission ( annual burden for both reports). Include preparing and submitting annual compliance certification ° Permit revisions ° Permit renewal ° Other activities associated with permit renewal, including discussions with permitting authority and public hearing participation.

EPA 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 permitting authority on any problems detected in the proposed permit or permit revision including interaction related to objection procedures. ° Program oversight including review of program changes, review annual reports of enforcement activities, program evaluation, issuing notices of deficiency, and applying sanctions. 11 5.1 Collection Methodology and Management 5.2 Small Entity Flexibility 5.3 Collection Schedule The Agency will receive proposed permits or permit revisions in hard copy or electronically, depending on permitting authority capability. Each EPA Regional Office has determined with their permitting authorities the most efficient system to exchange information. Each Regional Office maintains files of permit information only to the extent that the office determines the need for file retention. This will vary depending on factors such as the source ( e. g., large, complicated sources vs. small), the type of permit ( general vs. full), the number of actions occurring at a source, or the record of the source with respect to compliance. There is no need to maintain complete files of permit actions for public access since these are maintained by permitting authorities.

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. 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.

For industries with a large number of identical sources ( e. g., dry cleaners, bulk gasoline distribution terminals), general permits may be used to meet the requirements of title V instead of a source specific permit. General permits can reduce the burden of the program on small businesses.

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, because this ICR does not significantly increase burden relative to its predecessor, there are no adverse effects to be identified vis a vis small entities and small businesses.

Items identified in section 4.2.1 are listed below with their schedule for submission.

Permitting Authorities ( submitted to EPA): ° Application for permits, permit revision, and permit renewal should be submitted to EPA with the proposed permit or permit revision. 12 6 Estimating the Burden and Cost of the Collection ° Draft/ proposed permits, permit revisions, or permit renewals should be submitted when the State wants to commence EPA review period of the proposed permit or permit revision. ° The final permit should be submitted to EPA soon after it is issued, but there is no deadline in part 70 for this submission. ° The annual report of enforcement activities is submitted to EPA annually, but part 70 does not specify a date. ° Responding to program evaluation questionnaire every 10 years.

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 at the discretion of the source. ° Permit renewal applications are due at least 6 months prior to expiration of the permit. ° The semi annual periodic monitoring report is due to be submitted to the permitting authority twice a year on dates specified by the permitting authority. ° The annual compliance certification report is due annually on a date specified by the permitting authority. ° Deviation reports, as triggered ( frequency is defined by permitting authority) 3 Correspondence with the Operating Permits Group, Information Transfer and Program Integration Division, United States Environmental Protection Agency.

13 6.1 Estimating the Number of Respondents Historically, the Agency has identified 116 permitting authorities for title V purposes. This number includes several governmental agencies that do not manage operating permits programs. In actuality, there are 112 permitting authorities acting within the United States. Forty nine states operate as permitting authorities, with California employing 34 local air quality management organizations in lieu of a statewide permitting authority. Puerto Rico, the Virgin Islands, and Washington D. C. all have operating permits programs, and there are 26 county or regional Permitting authorities within states that operate in a manner similar to that of California.

As of December 2003, the Agency identified 17,434 title V sources in the United States. 3 The Agency expects approximately 50 new sources will become subject to the permitting program each year. As a result, between December 2003 and October 2004, the population is expected to increase by an additional 42 sources. In addition, during the three years of this ICR, 150 new sources will be added to the title V population. Due to the backlog of pending permits, this ICR assumes that existing sources will be issued permits before new sources. Agency information indicates 15,458 sources were permitted by December 2003, and an additional 717 sources are expected to be permitted by October 2004, for a total of 16,175 permitted sources at the beginning of this ICR's period of analysis. Of the remaining 1,301 sources, the Agency expects 701 will be permitted during the first year of this ICR, with the remaining ( 600 existing plus 100 new sources) permitted in the second year of this ICR. During the third year of this ICR, the Agency expects 50 new sources subject to permitting during that ICR year will be permitted. This assumption represents the Agency's efforts to bring to completion the initial issuance of operating permits.

In the original 1992 RIA and ICR for the Operating Permits Regulations, the Agency anticipated 34,324 sources would be required to obtain operating permits. Since that time, the Agency has offered additional regulatory relief to sources by providing a vehicle through which sources defined as major based upon their potential to emit can, by contractually limiting operations, reduce their potential to emit to under the major source threshold ( generally 100 tons per year of a criteria pollutant, 25 tons of a mixture of HAPs, or 10 14 TABLE 1 IDENTIFICATION OF AFFECTED ENTITIES AND PERMIT ISSUANCE SCHEDULE tons of a single HAP). The success of this " synthetic minor" program can readily be seen by the significant drop ( over 16,000 sources) in the number of affected major sources.

PERMITTING AUTHORITIES SOURCES State Permitting Authorities 49 PLUS: California Local Authorities 34 PLUS: Territories and Possessions 2 PLUS: District of Columbia 1 PLUS: Other Local PAs 26 Total Permitting Authorities 112 Total Population of Title V Sources as of December 2003 17,434 Less: Sources Permitted Before December 2003 15,458 Less: Sources Permitted December 2003 to October 2004 717 Total Sources Expected to Be Permitted by October 2004 16,175 Plus: Newly Subjected Sources Before October 2004 42 Sources remaining to Be Permitted 1,301 Percent of Sources Expected to Be Covered by General Permits 20% Existing Sources Expected to Be Covered 3,495 Less: Sources Covered by October 2004 3,495 Existing Sources Issued General Permits During this ICR 0 Plus New Subject Sources During ICR Period ( 3 years) 150 Sources to Expected Be Permitted in Year 1 of this ICR 701 New Sources Covered By General Permits in Year 1 10 ( 10)

Single Source Permits to Be Issued in Year 1 691 Single Source Permits to Be Issued in Year 2 ( all remaining) 690 Less New Sources Covered by General Permits in Year 2 ( 10) New Sources Issued Single Permits in Year 3 40 Less: New Sources Covered by General Permits ( 10)

Total ( single) Permits Expected to Be Issued During This ICR 1,421 Another example of regulatory relief incorporated into the operating permits program is the general permit, which allows large numbers of homogenous major sources of pollution to receive the same permit. This program has been successful in allowing approximately 20% ( more than 3,000 part 70 sources) of all part 70 sources a cost effective alternative to single source permitting.

This ICR assumes that 10% of permits issued by October 1999 would remain un renewed by October 2004. This means that a total of 824 renewal permits in backlog will need to be renewed during the 3 year ICR period in addition to those permits becoming subject to renewal during the ICR period. Furthermore, this ICR assumes that a third of the backlog will be renewed each ICR year or 275 permits. Between October 1999 and October 2000, 3,129 permits were issued that will expire during the first ICR year. The total number of permits expected to be renewed in that year is 3,403 which includes 274 permits in backlog. During the second ICR year, 1,738 permits ( issued between October 2000 and October 2001) will need to be renewed in addition to 275 permits in backlog. The total amount of permits projected to be renewed during the 15 6.2 Estimating Burden second year is 2,013. The last ICR year will renew 2,300 permits ( issued between October 2001 and October 2002) and 275 permits in the renewal backlog ( total 2,575 permits). It is also assumed in this ICR that 80% of renewal permits will be issued as single source permits and 20% as general permits.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The Agency derived its estimates in Tables 2 and 3 from previous consultations with fewer than nine respondents from the regulated community. The specific tasks included in each activity are in Section 4.2.2, above, and the worksheets in Attachment 4 of this ICR.

Based upon its experience with the operating permits program over the years, the Agency revised its estimations of Federal burden from the categories discussed above in section 4.2.3. Table 4 includes burden estimates for each of these categories as revised in the previous ICR.

TABLE 2 AVERAGE SOURCE BURDEN BY ACTIVITY 16 ACTIVITY BURDEN PER SOURCE OR PERMIT ( Hours)

Prepare Application 300 Draft Permits Interaction 40 Gap filling Monitoring Development 40 Public Hearing Participation 10 Operate Gap filling Periodic Monitoring 200 Prepare Monitoring Reports 80 Permits Revisions Significant Permit Modifications ( 10% of Permits) Minor Permit Modifications ( 50% of Permits) Administrative Amendments ( 50% of Permits) 80 40 8 Re application of General Permit 2 Permit Renewal 200 Other Activities 20 TABLE 3 PERMITTING AUTHORITY BURDEN BY ACTIVITY ACTIVITY BURDEN PER PERMIT OR PROGRAM ( Hours)

Program Administration 3,500 / PA Permit Application Review 100 / permit Draft Permits Preparation 150 / permit Comment Period Notification 10 / permit Hold Public Hearings 100 / hearing Interaction with EPA 20 / permit Analyze Public Comments 40 / permit Permits Issuance 8 / permit General Permits 80 / PA Permit Revision Significant Permit Modification Minor Permit Modification Administrative Amendment 60/ permit 20 / permit 5 / permit Permits Renewal 60 / permit Renew General Permits 10 / permit Review Monitoring and Compliance Certification Reports 5 / report / permit Annual Enforcement Activity Reporting 40 / PA TABLE 4 EPA ACTIVITIES 4 C. F. United States Environmental Protection Agency, Regulatory Impact Analysis and Regulatory Flexibility Act Screening for Operating Permits Regulations, EPA 450/ 2 91 011, June 1992, pp. 16 17.

17 6.3 Estimating Costs 6.3.1 Estimating Source Costs ACTIVITIES BURDEN HOURS PER PERMIT 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 Review the Annual Enforcement Activity Reports 10 / report * Includes the burden for review of periodic monitoring Historically, the Agency had assumed 70% of all source burden categories would be performed in house, with the remaining 30% delegated to contractors. 4 However, this renewal incorporates the previous ICR reassessment of that assumption which is based on allocation of contractor support for only the permit application task. This analysis assumes one third of the source's permit application preparation would be performed by contracted labor. The remainder of the source's tasks would be done entirely in house.

Wage rates are not expected to change significantly from those in the 2000 ICR renewal. Therefore, in order to compare burden costs to the previous ICR renewal, wage rates were maintained at their August 2000 ICR values. To determine technical, supervisory, and support staff rates for industry, the 2000 ICR started with the appropriate wage rates established by the U. S. Bureau of the Census. Since the latest published wage rates were in 1996 dollars, the Agency adjusted them through the latest Employment Cost Index ( ECI). ECI figures were available from the Bureau of the Census for white collar occupations through 1996. The Agency extrapolated from 1996 to 1999 by taking the average increase in ECI for 1994, 95, and 96 and applying that average to each of the three years between 1997 and 1999, resulting in an approximation of the true ECI of 108.6 for 1999. Table 6 below displays the calculation of the industry in house wage rate applied to this analysis of $ 32. 18 6.3.2 Estimating PA and Agency Costs TABLE 5 DETERMINATION OF SOURCE IN HOUSE BURDEN COSTS Annual Salary, Technical Support, ( FY 96, adjusted to 1999)* $ 36,537.38 Annual Salary, Administrative Staff, ( FY 96, adjusted )* $ 34,786.75 Factor ( 1/ 11) 0.09 $ 3,162.12 Annual Cost of Admin. Support Staff, ( FY 96, adjusted to 1999)* $ 22,080.55 Factor ( 1/ 8) 0.13 $ 2,760.07 Annual Applicable Salary of Permit Staff $ 42,459.57 Benefits ( at 16%) $ 6,793.53 Sick Leave/ Vacation ( at 10%) $ 4,245.96 General Overhead $ 13,727.18 Total Cost Per FTE $ 67,226.24 Total Hourly Cost ( Total Per FTE divided by 2,080 hours per year) $ 32.32 * U. S. Department of Commerce, Economics and Statistics Administration, Bureau of the Census; Statistical Abstract of the United States, 1997, Table 672. Http:// www. bea. doc. gov/ bea/ dn/ aadata. exe, December 7, 1999 For contracted labor, operating permit management and reporting require the same skills employed by the EPA's consultants. As an estimation of a source's consulting costs, the Agency averaged the fully loaded cost of three environmental contractors at the PL 2 ( secretarial support), PL 3 ( technical), and PL 4 ( administration) levels, applying the methodology employed in Table 5 for establishing a Federal and PA FTE wage rate. The fully loaded hourly wage rate for Industry hired consultants is $ 268.7 Therefore, the hourly rate for permit preparation as been set at $ 111 ( 1/ 3 of $ 268 plus 2/ 3 of $ 32). All other source tasks are estimated at $ 32 per hour.

Historically, the Agency has applied a $ 34 per hour rate for Federal and State full time employee ( FTE) wage rates, and a $ 45 rate for source FTE wages. During the development of the ICR for the part 71 Federal Operating Permit Regulations, the Agency was instructed by the Office of General Council ( OGC) to compute more accurate estimations of these hourly costs. To determine the appropriate hourly wage to apply to each respondent burden estimation, OGC instructed the Agency to assume the appropriate FTE rate to apply would be a GS 11 Step 3, fully loaded to account for overhead, benefits, and all other appropriate costs. To fully incorporate the cost of that FTE's support staff and managerial costs, the Agency also assumed one eleventh of a manager's time ( at a GS 13, Step 3 level), and one eighth of a secretary's time ( at a GS 6, Step 6 level). Applying the same process to the 2000 ICR wage rates for the Federal government, the Agency determined 19 TABLE 7 THE BURDEN AND COST OF SOURCE ACTIVITIES the appropriate cost of Federal and permitting authority burden was $ 37 per hour. Table 5 displays the calculation of this rate. Wage rates were not expected to change significantly from those in the 2000 ICR renewal. Therefore, in order to compare burden costs with the previous ICR, wage rates from the 2000 ICR were used in the current ICR.

TABLE 6 DETERMINATION OF FEDERAL AND PERMITTING AUTHORITY BURDEN COSTS Annual Salary of Permit Staff, GS 11 Step 3 ( FY 99 Schedule)* $ 40,260.00 Annual Cost of Supervisory Staff, GS 13 Step 3 ( FY 99 Schedule )* $ 57,379.00 Factor ( 1/ 11) 0.09 $ 5,164.11 Annual Cost of Admin. Support Staff, ( FY 99 Schedule)* $ 26,773.00 Factor ( 1/ 8) 0.13 $ 3,346.63 Annual Applicable Salary of Permit Staff $ 48,770.74 Benefits ( at 16%) $ 7,803.32 Sick Leave/ Vacation ( at 10%) $ 4,877.07 General Overhead $ 15,767.58 Total Cost Per FTE $ 77,218.70 Total Hourly Cost ( Total Per FTE divided by 2,080 hours per year) $ 37.12 * http:// www. opm. gov/ oca/ 99tables/ Gsannual/ gsannpdf/ 99GS. PDF, December 7, 1999 Table 7 lists the burden categories for respondent sources, the number of estimated occurrences for each item, and the expected cost for each, based on the burden estimations from Table 2.

Table 8 lists the burden categories for respondent permitting authorities, the expected number of permits or programs involved, and the expected cost for each, based on the burden estimations from Table 3.

Table 9 lists the burden categories for Federal oversight, the number of estimated permits or programs involved, and the expected cost for each, based on the burden estimations from Table 4. 20 TABLE 8 THE COST OF PERMITTING AUTHORITY ACTIVITIES ACTIVITY BURDEN HOURS PER PERMIT RATE PER HOUR AFFECTED PERMITS TOTAL BURDEN ( HOURS) TOTAL COST ($ 1999)

Program Application 300 $ 111 150 45,000 $ 4,995,000 Draft Permit 40 $ 32 1,421 56,840 $ 1,818,880 Gap Filling Monitoring Development 40 $ 32 711 28,440 $ 910,080 Public Hearing Participation 10 $ 32 28 280 $ 8,960 Operate Gap Filling Monitoring Year 1 Year 2 Year 3 200 $ 32 8,088 8,438 8,788 1,617,600 1,687,600 1,757,600 5,062,800 $ 51,763,200 $ 54,003,200 $ 56,243,200 $ 162,009,600 Prepare Monitoring Reports Year 1 Year 2 Year 3 80 $ 32 16,175 16,876 17,576 1,294,000 1,350,080 1,406,080 4,050,160 $ 41,408,000 $ 43,202,560 $ 44,994,560 $ 129,605,120 Permit Revisions Significant Permit Modifications Year 1 Year 2 Year 3 Minor Permit Modifications Year 1 Year 2 Year 3 Administrative Amendments Year 1 Year 2 Year 3 80 40 8 $ 32 1,268 1,337 1,406 6,340 6,686 7,031 6,340 6,686 7,031 101,440 106,960 112,480 320,880 253,600 267,440 281,240 802,280 50,720 53,488 56,248 160,456 1,283,616 $ 3,246,080 $ 3,422,720 $ 3,599,360 $ 10,268,160 $ 8,115,200 $ 8,558,080 $ 8,999,680 $ 25,672,960 $ 1,623,040 $ 1,711,616 $ 1,799,936 $ 5,134,592 $ 41,075,712 General Permit Renewal 2 $ 32 1,599 3,198 $ 102,336 Permit Renewal 200 $ 32 6,392 1,278,400 $ 40,908,800 Other Activities 20 $ 32 6,392 127,840 $ 4,090,880 TOTALS 11,936,574 $ 385,525,368 21 ACTIVITY Burden Hours per Permit Affected Permits or Programs Total Burden ( Hours) Total Cost ($ 1999)

Program Administration 3,500 112 1,176,000 $ 43,512,000 Permit Application Review 100 150 15,000 $ 555,000 Draft Permit Preparation 150 1,421 213,150 $ 7,886,550 Comment Period Notification 10 1,421 14,210 $ 525,770 Public Hearing 100 28 2,800 $ 103,600 Interaction with EPA 20 1,421 28,420 $ 1,051,540 Analyzing Public Comments 40 142 5,680 $ 210,160 Permit Issuance 8 1,421 11,368 $ 420,616 General Permits Administration 80 112 26,880 $ 994,560 Permit Revisions Significant Year 1 Year 2 Year 3 60 1,268 1,337 1,406 4,011 76,080 80,226 84,366 240,672 $ 2,814,960 $ 2,968,362 $ 3,121,542 $ 8,904,864 Minor Year 1 Year 2 Year 3 20 6,340 6,686 7,031 20,057 126,800 133,720 140,620 401,140 $ 4,691,600 $ 4,947,640 $ 5,202,940 $ 14,842,180 Administrative Year 1 Year 2 Year 3 5 6,340 6,686 7,031 20,057 31,700 33,430 35,155 100,285 742,097 $ 1,172,900 $ 1,236,910 $ 1,300,735 $ 3,710,545 $ 27,457,589 Permit Renewals 60 6,392 383,520 $ 14,190,240 Review General Permits 10 10 100 $ 3,700 Review Monitoring and Compliance Certification Reports Year 1 Year 2 Year 3 5 5 5 16,175 16,876 17,576 242,625 253,140 263,640 759,405 $ 8,977,125 $ 9,366,180 $ 9,754,680 $ 28,097,985 Annual Enforcement Activity Reporting 40 112 Agencies 13,440 $ 497,280 Totals 3,392,070 $ 125,506,590 22 TABLE 9 EPA ACTIVITIES 6.3.3 Bottom Line Burden Hours and Costs ACTIVITY Burden Hours Affected Permits or Programs Total Burden ( Hours) Total Cost ($ 1999)

Review Permits and Revisions New Permits Renewals Significant Permit Revisions Year 1 Year 2 Year 3 Minor Permit Revisions Year 1 Year 2 Year 3 20 20 8 1 355 320 1,268 1,337 1,406 4,011 6,340 6,686 7,031 20,057 7,100 6,400 10,144 10,696 11,248 32,088 6,340 6,686 7,031 20,057 $ 262,700 $ 236,800 $ 375,328 $ 395,752 $ 416,176 $ 1,187,256 $ 234,580 $ 247,382 $ 260,147 $ 742,109 Consult with PA New Permits Significant Permit Revisions Year 1 Year 2 Year 3 Minor Permit Revisions Year 1 Year 2 Year 3 8 8 1 355 317 334 352 1,003 1,585 1,671 1,758 5,014 2,840 2,536 2,672 2,816 8,024 1,585 1,671 1,758 5,014 $ 105,080 $ 93,832 $ 98,864 $ 104,192 $ 296,888 $ 58,645 $ 61,827 $ 65,046 $ 185,518 Review the Annual Report 10 112 3,360 $ 124,320 Totals 84,883 $ 3,140,671 Tables 2, 3, and 4 display the activities of the part 70 program for permitting authorities, sources, and Federal government, respectively. The same wage rates are used as those used in 2000 in order to facilitate a comparison, therefore, Tables 5 and 6 remain unchanged from the 2000 renewal ICR. Tables 7, 8, and 9 display the costs associated with each of these categories. Table 10 below summarizes the costs for all three types of affected entities in 1999 dollars. An adjustment of the cost summaries in Table 10, using 2004 dollars along with the corresponding wage rates, is available in Attachment 4. 23 TABLE 10 BOTTOM LINE BURDEN AND COST ( 2004 2007)

Number of Affected Entities Total ICR ( 3 Year) Burden Hour Average Annual Burden Per Respondent Average Annual Burden Per Source Total ICR ( 3 Year) Cost ($ 1999) Average Annual Cost Per Respondent ($ 1999) Average Annual Cost Per Source Sources 17,626 11,936,574 226 226 $ 385,525,368 $ 7,291 $ 7,291 PAs 112 3,392,070 10,095 64 $ 125,506,590 $ 373,532 $ 2,374 Federal 1 84,883 28,294 2 $ 3,140,671 $ 1,046,890 $ 59 Total 15,413,527 NA NA $ 514,172,629 NA NA Table 10 displays the expected burden and cost for sources, permitting authorities, and the Federal government for implementation of the title V Operating Permits Program between October 2004 and October 2007. Of the 15.4 million hours the Agency anticipates it will take to perform all the functions required by title V, over 3 quarters of the burden applies to sources. However, the magnitude of the total expected burden can be misleading, due to the number of permitted sources. For the 17,626 sources included in this analysis, the average expected burden is relatively small  less than 6 weeks of a full time employee's time. Likewise, the cost associated with that burden is also small  about $ 7,300  or 11% of the fully loaded FTE cost estimated in Table 5, above.

Permitting authorities incur about 22 percent of the burden in Table 10, with the total burden spread between a significantly smaller number of entities than that for sources. On average, the Agency estimates the PA burden associated with the title V Operating Permits Program will be about 10,000 hours per year. However, for some permitting authorities with relatively fewer sources ( Connecticut, Wyoming, etc.) the average burden will be higher; and, in others with more than the average number of sources ( Louisiana, Texas, etc.) it will be too low. A better measure of the effect of title V regulations on permitting authorities would be to divide the total estimated hours by the number of operating permits. On average, each PA can expect to spend 60 to 70 hours per year managing and overseeing each permit application it receives, at a cost of approximately $ 2,400 per permit. 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 permits program must, by law, be passed on to 24 6.4 Changes in the Burden sources in the form of permit fees of sufficient magnitude to fully offset all permit management costs. Therefore, the true annual cost to permitting authorities under title V is zero, and the true annual cost to sources is $ 170 million, or approximately $ 9,700 per permit.

The part 70 program has been evolving since its inception, beginning with promulgation of the part 70 regulations in 1992. Consequently, the activities associated with implementing the part 70 program have changed since the previous ICR. State and local permitting authorities first developed their programs and submitted them to EPA for approval. This activity occurred over several years during which approved programs were beginning to be implemented by first having sources submit permit applications. As the later program submissions were being approved, some agencies were in the early stages of issuing permits. As of the beginning of this ICR, all programs are approved and essentially all permit applications have been submitted to the permitting authorities.

With the experience gained through program implementation, EPA and permitting authorities have a sense of the activities associated with the program and the burden of those activities. The activities in this ICR have been developed based on this knowledge. Since wage rates, for part 70 and 71, were held at the same level as the preceding ICRs, comparison of the burden in this ICR to the approved burden levels in its predecessor can be accurately made on an activity by activity basis.

The approved burden level in the previous ICR was 3.2 million hours per year for sources and 1.6 million burden hours per year for permitting authorities, and 44 thousand hours for Federal oversight; for a total of 4.8 million hours. Table 11 compares the burden in the previous ICR with the burden in this ICR. The change in burden is an increase from the previous ICR due to changes in levels of program activities that have occurred as a result of evolution of the program. These changes would be considered " adjustments" and are shown as such on OMB form 83 1.

For permitting authorities, burden has decreased slightly because program development and review of permit applications have been completed. The activities that will increase and require the largest burden during the 3 year period of this ICR ( and which will offset the reduction in burden) are preparation of renewal permits ( including responding to objections), processing of permit revisions, and review of semi annual monitoring and 25 TABLE 11 BURDEN CHANGE FROM JANUARY 2000 ICR TO CURRENT ICR 6.5 Burden Statement TABLE 12 BURDEN STATEMENT annual compliance reports.

Average Annual Burden in January 2000 ICR Average Annual Burden in ICR Renewal Difference Sources 3,194,557 3,978,858 784,301 PAs 1,585,063 1,130,690 ( 454,373)

Federal 44,297 28,294 ( 16,003)

TOTAL 4,823,917 5,137,842 313,925 The primary reason hourly burden has increased for sources during this ICR period is because an increase in the number of sources with permits result in a corresponding increase in monitoring activities, preparing and submitting semi annual monitoring reports, and the annual compliance certification report. In addition, as initial permits are approaching expiration, sources will be preparing applications for renewal permits along with on going activities.

As previously noted, it is impractical to attempt to delineate burden by respondent and activity due to the large number of respondents, the variation in the circumstances for each respondent, and the varied nature of the activities of the program. Following is the apportioned burden for each respondent. This is derived from the total permitting authority hourly burden divided by the number of permitting authorities, and similarly for sources.

Number of Respondents Total Annual Burden Average Annual Burden per Respondent Average Annual Burden per Source Source 17,626 3,978,858 226 226 PAs 112 1,130,690 10,095 64 Federal 1 28,294 28,294 1 To comment on the Agency's need for this information, the accuracy of the 26 provided burden estimates, and any suggested methods for minimizing a respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OAR 2004 0015, which is available for public viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Air and Radiation Docket and Information Center Docket is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. 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 Office for EPA. Please include the EPA Docket ID Number OAR 2004 0015 and OMB Control Number 2060 0243 in any correspondence. 27 ATTACHMENT 1 MARCH 23, 2004 FEDERAL REGISTER NOTICE 28 Agency Information Collection Activities: Proposed Collection; Comment Request; Part 70 Operating Permit Regulations, EPA ICR Number 1713.06, OMB Control Number 2060 0243 [ Federal Register: March 23, 2004 ( Volume 69, Number 56)] [ Notices] [ Page 13524 13525] From the Federal Register Online via GPO Access [ wais. access. gpo. gov] [ DOCID: fr23mr04 57]

ENVIRONMENTAL PROTECTION AGENCY [ FRL 7639 1; EDocket ID No. OAR 2004 0015]

Agency Information Collection Activities: Proposed Collection; Comment Request; Part 70 Operating Permit Regulations, EPA ICR Number 1587.06, OMB Control Number 2060 0243 AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act( 44 U. S. C. 3501et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request ( ICR) to the Office of Management and Budget ( OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on October 31, 2004. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before May 24, 2004.

ADDRESSES: Submit your comments, referencing docket ID number OAR 2004 0015, to EPA online using EDOCKET ( our preferred method), by e mail to    a and r docket@ epa. gov,'' or by mail to: EPA Docket Center, Environmental Protection Agency, Air and Radiation Docket and Information Center, Mail Code 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Grecia Castro, Office of Air Quality Planning and Standards, Mail Code C304 04, Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: ( 919) 541 1351; fax number: ( 919) 541 5509; e mail address: castro. grecia@ epa. gov.

SUPPLEMENTARY INFORMATION: The EPA has established a public 29 docket for this ICR under Docket ID number OAR 2004 0015, which is available for public viewing at the Air Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Air and Radiation Docket is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select    search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA within 60 days of this notice. The EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information ( CBI), or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's Federal Register notice describing the electronic docket at 67 FR 38102 ( May 31, 2002), or go to http:// www. epa. gov/ edocket. Affected entities: Entities potentially affected by this action are those which must apply for and obtain an operating permit under title V of the Clean Air Act ( Act). These, in general, include sources which are defined as    major'' under any title of the Act. Title: Part 70 Operating Permits Regulations. Abstract: Title V of the Act requires States to develop and implement a program for issuing operating permits to all sources that fall under any Act definition of major and certain other non major sources that are subject to Federal air quality regulations. The Act further requires EPA to develop regulations that establish the minimum requirements for those State operating permits programs and to oversee implementation of the programs. The EPA regulations setting forth requirements for the operating permits programs are at part 70, title 40, chapter I of the Code of Federal Regulations. In implementing title V of the Act and EPA's part 70 operating permits regulations, State and local permitting agencies must develop programs and submit them to EPA for 30 approval ( section 502( d)) and sources subject to the program must develop operating permit applications and submit them to the permitting authority within 1 year after program approval ( section 503). Permitting authorities will then issue permits ( section 503( c)) and thereafter enforce, revise, and renew those permits at no more than 5 year intervals ( section 502( d)). Permit applications and proposed permits will be provided to, and are subject to review by, EPA ( section 505( a)). All information submitted by a source and the issued permit shall also be available for public review except for confidential information which will be protected from disclosure ( section 503( e)). Sources will semi annually submit compliance monitoring reports to the permitting authorities ( section 504( a)). The EPA has the responsibility to oversee implementation of the program and to administer a Federal operating permits program in the event a program is not approved for a State ( section 502( d)( 3)) or if EPA determines the permitting authority is not adequately administering its approved program ( section 502( i)( 4)). The activities to carry out these tasks are considered mandatory and necessary for implementation of title V and the proper operation of the operating permits program. This notice provides updated burden estimates from a previously approved ICR. An agency may not [[ Page 13525]]

conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. The EPA would like to solicit comments to: ( i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; ( ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; ( iii) enhance the quality, utility, and clarity of the information to be collected; and ( iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e. g., permitting electronic submission of responses. Burden Statement: The projected cost for implementing the part 70 program from October 31, 2004, until October 31, 2007, are approximately 5.1 million annual burden hours at an annual cost of approximately 171 million dollars. 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 31 of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The burden hours breakout will be around 1.1 million hours for 112 permitting authorities and about 4 million hours for 17,626 sources. The costs break out to be 40.7 million dollars per year for 112 permitting authorities and 130 million dollars per year for 17,626 sources. During the period of this ICR, permitting authorities ( in addition to general administration of the program) primarily will be issuing the remaining permits required by the program ( around 1,300), processing revisions for permits that have already been issued, renewing permits whose 5 year terms will expire, and reviewing semiannual, or more frequent, monitoring reports and annual compliance certifications for issued permits. Sources in the part 70 program primarily will be interacting with the permitting authority on permit issuance, be it an initial permit, renewal permit or permit revision; preparing applications for permit renewal or for revisions, as needed; preparing semiannual, or more frequent, monitoring and deviation reports, and annual compliance certification reports; and carrying out periodic monitoring that was created as a result of the program.

Dated: March 10, 2004. Richard A. Wayland, Acting Director, Information Transfer and Program Implementation Division. [ FR Doc. 04 6430 Filed 3 22 04; 8: 45 am] BILLING CODE 6560 50 P 32 ATTACHMENT 2 ASSUMPTIONS FOR PART 70 ICR RENEWAL 33 ASSUMPTIONS TIME PERIOD OF ICR The time period covered by this ICR is October 31, 2004 to October 31, 2007 SOURCE POPULATION 2. Total population of title V sources as of December 2003 = 17, 434 o An additional 42 sources will be added to the program by October 2004. o Source populations at the beginning of ICR will be 17,434 + 42 = 17, 476 o This ICR projects that 50 additional sources will become subject to title V each year increasing the population as follows: 4. Source population by October 2005 = 17,475 + 50 = 17,526 6. Source population by October 2006 = 17,526 + 50 = 17,576 8. Source population by October 2007 = 17,526 + 50 = 17,626 RATE OF PERMIT ISSUANCE 10. Assume 100% of the permits ( 17,576) will be issued by October 2006. o 860 sources were issued permits between December 2002 and December 2003 o Assume permit issuance continues at the same rate between December 2003 and October 2004 o The number of permits issued during the 10 months preceding the ICR period is approximately 717 ( 10/ 12 * 860) o Total 717 + 15,458 = 16,175 by October 2004 ( leaving 1,400 { 1,301 existing + 100 new} sources to be issued permits during the first 2 years 12. Assume an equal number of permits are issued during years 1 & 2 of this ICR. o Therefore, of the estimated 1,401 sources that will be issued permits between October 2004 and October 2006, 701 sources will be issued permits in the first year and 700 sources during the second year. o Total of 16,876 sources issued permits by October 2005 34 ( 16,175 + 701), the end of year 1 of this ICR o The remaining sources will be issued permits by October 2006 ( i. e. 700 additional permits during year 2 of this ICR)

GENERAL PERMITS 14. Assume by October 2004, 20% of all sources ( 3,495) will be covered by general permits. This is because general permits are usually the first to be issued and, therefore, it is appropriate to assume that all existing sources needing general permits would be covered by the beginning of the ICR period. 16. 20% of the newly subjected sources will be covered by general permits ( 0.2 * 150) 30 general permits will be issued to new sources during this ICR. 18. Assume 20% of all expired permits ( 7,991) will be renewed as general permits ( 1,599) 20. Assume 10 general permits will need to be renewed during this ICR period.

NEW SOURCES EPA estimates there will be approximately 50 new major sources nationwide applying for a title V permit each year during the term of this ICR ( 150 total for the 3 years of this ICR). For this ICR, given the workload of issuing permits, it is assumed these permits will be issued during the second and third years of this ICR.

SINGLE SOURCE, INITIAL PERMITS ISSUANCE RATE ACCOUNTING FOR GENERAL PERMITS AND NEW SOURCES 22. Single source permits ( other than general permits) which will be subject to the full permit issuance process o 1,301 existing sources will be issued single permits during the period of th ICR ( 691 in year 1) o 0.8 * 150 = 120 single source permits issued to new sources 1, 2, & 3 of the ICR 24. Summary of single source initial permit issuance by year o Year 1  691 ( for existing sources only) o Year 2  690 permits issued o Year 3  40 permits issued ( for new sources only)

PERMIT REVISION RATES 35 26. Sources covered by general permits will not apply for permit revisions 28. 15,458 sources were covered by permits as of December 2003 30. An additional 717 sources will be issued permits between December 2003 and October 2004 32. 3,495 sources or 20% of the source population will be covered under general permits by October 2004 ( i. e. all existing sources will need single permits) 34. Number of single source permits issued by the beginning of this ICR ( i. e. October 2004) for which permit revisions will be made during year 1 of this ICR: o 16,175 permits were issued by October 2004 o 3,495 sources are covered by several permits by October 2004 o 16,175  3,445 = 12,680 single source permits issued by October 2004 36. Single source permits issued as of beginning of year 2 ( i. e. October 2005) of this ICR ( for which permit revision will be made during year 2) is 690 issue during year 1 plus the 12,680 already issued = 13,371 single source permits 38. Single source permits issued as of beginning of year 3 ( i. e. October 2006) of this ICR ( for which permit revision will be made during year 3) is 690 issued during year 2 plus the 13,371 already issued = 14,061 single source permits 40. Summary: o Permits for which revisions will be made during year 1  12,680 o Permits for which revisions will be made during year 2  13,371 o Permits for which revisions will be made during year 3  14,061 PERMIT RENEWAL 42. By October 2000, 3,129 sources had been issued permits ( all within the previous year). Renewal, therefore, will be during the year from October 2004 to October 2005. In addition, 275 permits for sources in backlog will be renewed during the first ICR year.  assume 20% or 681 { 0.2*( 3,129+ 274)} sources covered by general permits leaving 2,722 renewals during year 1 of this ICR. 44. By October 2000, and additional 1,738 sources had been issued permits  these will be up for renewal between October 2005 to October 2006 plus 275 backlog sources, total of 2013. Assume 20% or 403 are sources 36 covered by general permits leaving 1,610 renewals during year 2 of this ICR. 46. By October 2002, and additional 2,300 sources had been issued permits  these will be up for renewal between October 2006 to October 2007 plus 275 backlog sources, total of 2,575. Assume 20% or 515 are sources covered by general permits leaving 2,060 renewals during year 3 of this ICR. 48. Summary: o 3,403 + 2,013 + 2,575 = 7,991 total sources covered by renewal permits of which 0.2* 7,991 = 1,599 are general permits o 7,991  1,599 = 6,392 single source permits which will have to be renewed during this ICR period ( 2,722 in year 1, 1,610 in year 2, and 2,060 in year 3)

SOURCES REPORTING MONITORING AND COMPLIANCE STATUS All sources with issued permits ( including those covered by general permits) will report monitoring data semi annually and compliance certifications annually. Sources with issued permits are as follows:

50. 16,175 sources will be covered by issued permits at the beginning of this ICR and will be submitting reports during year 1 of this ICR. 52. 701 additional sources will be covered by permits issued in year 1. 701 + 16,175 sources already covered by permits = 16,876 sources that will be covered by permits by the beginning of year 2 and will be submitting reports during year 2. 54. 700 additional sources will be covered by permits issued in year 2. 700 + 16,876 sources already covered by permits = 17,576 sources that will be covered by permits by the beginning of year 3 and will be submitting reports during year 3.

SYNTHETIC MINOR PERMITS All synthetic minor permits had been issued prior to October 2004 so no burden is included during the term of this ICR.

PERMIT APPLICATIONS During the period of this ICR, it is assumed 150 new sources will submit applications. 37 SUMMARY OF TABLE OF ASSUMPTIONS ITEM NUMBER COMMENTS Number of sources subject to part 70 17,476 Number of sources already issued permits at the beginning of this ICR 16,175 ( 12,680 single source) 3,495 sources covered by general permits Number of sources which will become subject to part 70 during this ICR 150 50 each year Sources issued permits in year 1 of this ICR 701 ( 691 single source) Single source permits for existing sources plus general permits for 10 new sources Sources issued permits in year 2 of this ICR 700 ( 690 single source) Single source permits for existing sources plus general permits for 10 new sources Sources issued permits in year 3 of this ICR 50 ( 40 single source) 50 new sources 10 covered under general permit Total issued permits during this ICR 1,451 ( 1,421 single source) 691 single source permits in year 1, 690 single source permits in year 2, 40 single source permits in year 3 Total issued permits ICR Years: N/ A All are single source permits o Year 1 12,680 Single source permits issued at beginning of ICR o Year 2 13,371 12,680 already issued plus 691 single source permits issued in year 1 o Year 3 14,061 13,371 already issued plus 690 single source permits issued in year 2 38 Permits subject to renewal: N/ A 7,991 total including 824 sources in backlog o Year 1 3,403 2,722 single & 681 general o Year 2 2,013 1,610 single & 403 general o Year 3 2,575 2,060 single & 515 general Permit applications submitted during this ICR 150 150 new sources Sources submitting semi annual monitoring and annual compliance certification reports N/ A From all sources, including those covered under general permits o Year 1 16,175 o Year 2 16,876 o Year 3 17,576 General Permits Subject to Renewal 10 40% of all ( 33) general permits 39 ATTACHMENT 3 WORKSHEETS FOR BURDEN ESTIMATES 40 WORKSHEETS The EPA contacted respondents from the regulated community and EPA Regional Offices to obtain information to be used as the basis for calculating burden hour estimates for implementing the part 70 regulations. The respondents are listed in section 3.3. Tables 1, 2, and 3 below are the worksheets used for calculating burden estimates.

TABLE 1 PERMITTING AUTHORITY ACTIVITIES ACTIVITY BURDEN PER INDIVIDUAL PERMIT OR PROGRAM COMMENTS* TOTAL PROGRAM BURDEN FOR 3 YEARS Program administration: Responding to inquiries about the program, developing internal and external program guidance, planning, attending program training, permit fee collection, providing source training, attending EPA meetings and conferences, providing public education, and other program related activities. 3,500 hrs. per agency 112 agencies 392,000 hrs. per year 1,176,000 for 3 years of ICR Reviewing a permit application, including discussions with a source concerning the permit application. 100 hrs./ permit Assume 150 new sources will submit permit applications nationwide 15,000 for 3 years of ICR Preparing a draft permit, 150 hrs./ permit 1,421 permits 217,650 for 3 41 including contact with the source. issued during 3 year ICR time period years of ICR Providing notice to the public, EPA, and affected States of the comment period on a draft permit. 10 hrs./ permit 1,421 draft permits during ICR time period 14,510 for 3 years of ICR Holding a public hearing on a permit. 100 hrs./ hearing Assume a hearing for 1 in 50 of the 1,421 new single source permits ( i. e., 28 hearings) 2,900 for 3 years of ICR Interaction with EPA on a proposed permit, including negotiations, re drafting, and formal EPA objections ( including those attributable to public petitions). 20 hrs./ permit 1,421 proposed permits during ICR time period 29,020 for 3 years of ICR Analyzing public comments and revising the permit accordingly 40 hrs./ permit Assume comments on 1 in 10 permits( i. e., 142 permits) 5,800 for 3 years of ICR Issuing the permit, including web activities and source notification. 8 hrs./ permit 1421 new permits issued during ICR time period 11,608 for 3 years of ICR Administering general permits ( Burden for issuing general permits included with other permit issuance burden) 80 hrs. per agency per year 112 agencies 8,960 hrs. per year 26,880 for 3 years of ICR Revising a permit. N/ A Number of issued single source permits: year 1  12,680; year 2  13,371; year 3  14,061 N/ A 42 * See the Assumptions in Attachment 3 for the derivation of some of these numbers. ° Significant ( 1 out of every 10 issued permits per year) 60 hrs. each Significant permit modifications: 1,268  yr 1; 1,337  yr 2; 1,406  yr 3 Hours: 76,080  yr 1 80,226  yr 2 84,366  yr 3 240,672 for 3 years of ICR ° Minor ( 1 out of every 2 issued permits per year) 20 hrs. each Minor permit modifications: 6,340  yr 1; 6,686  yr 2; 7,031  yr 3 Hours: 126,800  yr 1 133,720  yr 2 140,620  yr 3 401,140 for 3 years of ICR ° Administrative ( 1 out of every 2 issued permits per year) 5 hrs. each Administrative amendments: 6,340  yr 1; 6,686  yr 2; 7,031  yr 3 Hours: 31,700  yr 1 33,430  yr 2 35,155  yr 3 100,285 for 3 years of ICR Renewing a single source permit ( reviewing application, drafting any changes, public notice, issuance). 60 hrs./ permit renewal 6,392 renewals during ICR term 383,520 for 3 years of ICR Renewing a general permit 10 hrs./ general permit renewal 10 general permit renewals 100 for 3 years of ICR Reviewing two semiannual monitoring reports, and the annual compliance certification. 15 hrs./ permit ( 5 hrs. each) All permits: year 1  16,175; year 2  16,876; year 3  17,576 Hours: 242,625 yr. 1 253,140  yr. 2 263,640  yr. 3 759,405 for 3 years of ICR Preparing and submitting to EPA annually a report of the State's enforcement activities. 40 hrs./ agency 112 agencies 4,480 hrs. per year 13,440 for 3 years of ICR TOTAL BURDEN HOURS FOR PERMITTING AUTHORITIES: 3,392,070 hours for 3 years/ 3 = 1,130,690 hours per year 43 TABLE 2 SOURCE ACTIVITIES ACTIVITY BURDEN PER SOURCE COMMENTS* TOTAL PROGRAM BURDEN FOR 3 YEARS Preparing a permit application, including internal meetings, permitting authority discussions, management and legal department management and legal department certification, contractor services. 300 hrs. Assume 150 permit applications during 3 years of ICR 45,000 for 3 years of ICR Interaction with the permitting authority on draft permit development. 40 hrs. Assume 1,421 new single source permits issued during 3 years of ICR 56,840 for 3 years of ICR Development of periodic monitoring gap filling. Public hearing participation. 40 hrs. per source 10 hrs. ( 1 in 50 new single source permits get hearing) Assume gapfilling for 50% of 1,421 single source permits issued during 3 years of ICR ( i. e., 5,007) 10,013 new permits during ICR period 1 in 50 = 200 sources 28,440 for 3 years of ICR 2,000 for 3 years of ICR Public hearing participation 10 hrs. ( 1 in 50 single source permits get 1,421 single source permits during ICR period 280 for 3 years of ICR 44 hearing) 1 in 50 = 28 sources Operation of gapfilling periodic monitoring ( annual burden to operate monitors, keep records, etc.). 200 hrs. per year Assume gapfilling for 50% of all permits: 8,088  yr. 1 8,438 yr. 2 8,788  yr. 3 Hours: 1,617,600  yr. 1 1,687,600  yr. 2 1,757,600 yr 3 5,062,800 for 3 years of ICR Preparing semiannual monitoring data reports, including data analysis, responsible official certification, and report submission ( annual burden for both reports). Include preparing and submitting annual compliance certification. 80 hrs. per year All issued permits: 16,175  yr. 1 16,876  yr. 2 17,576  yr. 3 Hours: 1,294,000  yr. 1 1,350,080 yr. 2 1,406,080 yr. 3 4,050,160 for 3 years of ICR Preparing application for permit revisions ° Significant permit modifications ( 1 out of every 10 permits per year) 80 hrs. each Significant permit revisions: 1,268  yr 1 1,337  yr 2 1,406  yr 3 Hours: 101,440  yr. 1 106,960  yr. 2 112,480  yr. 3 320,880 for 3 years of ICR ° Minor permit modifications ( 1 out of every 2 permits per year) 40 hrs. each Minor permit modifications: 6,340  yr. 1 6,686 yr. 2 7,031  yr. 3 Hours: 253,600 yr. 1 267,440  yr. 2 281,240  yr. 3 802,280 for 3 years of ICR ° Administrative amendments ( 1 out of every 2 permits per year) 8 hrs. each Administrative amendments: 6,340  yr. 1 6,686  yr. 2 7,031  yr. 3 Hours: 50,720  yr. 1 53,488  yr. 2 56,248  yr. 3 160,456 for 3 years of ICR Preparing an application for permit renewal. 200 hrs. 6,392 renewals during ICR term 1,278,400 for 3 years of ICR Re applying for coverage under a 2 hrs. 1,599 sources 3,198 for 3 years of ICR 45 * See the Assumptions in Attachment 3 for the derivation of some of these numbers. general permit Other activities associated with permit renewal, including discussions with permitting authority and public hearing participation. 20 hrs. 6,392 renewals during ICR term 127,840 for 3 years of ICR TOTAL BURDEN HOURS FOR SOURCES: 11,936,574 hours for 3 years/ 3 = 3,978,858 hours per year PROGRAM TOTAL 3,392,070 hours ( permitting authorities) + 11,936,574 hours ( sources) = 15,328,644 total hours for 3 years 15,328,644 total hours/ 3 = 5,109,548 hours per year for permitting authorities and sources to implement the part 70 program. 46 TABLE 3 EPA ACTIVITIES ACTIVITY BURDEN PER INDIVIDUAL PERMIT OR PROGRAM COMMENTS TOTAL PROGRAM BURDEN FOR 3 YEARS Review proposed permits and permit revisions to determine if they provide for compliance with all applicable requirements. N/ A N/ A N/ A o New permits 20 hrs. per new permit Review 25% of 1,421 permits issued during ICR term ( 355 permits) 7,100 for 3 years of ICR o Significant permit revision 8 hrs. per revision Review all Revisions: 1,268  yr. 1 1,337  yr. 2 1,406  yr. 3 Hours: 10,144  yr. 1 10,696  yr. 2 11,248  yr. 3 32,088 for 3 years of ICR o Minor permit revision 1 hr. per revision Review all. Revisions: 6,340  yr. 1 6,686  yr. 2 7,031  yr. 3 Hours: 6,340  yr. 1 6,686  yr. 2 7,031  yr. 3 20,057 for 3 years of ICR Review periodic monitoring provisions of N/ A Burden included above in review of permits and N/ A 47 proposed permits or permit revisions to see if they are adequate to demonstrate compliance with applicable requirements. revisions.

Consult with the permitting authority on any problems detected in the proposed permit or permit revision. N/ A N/ A N/ A o New permits 8 hrs. per new permit Consult on 25%. 1,421 permits issued during ICR term ( 355) 2,840 hours of ICR o Significant permit modifications 8 hrs. per revision Consult on 25%. Sig. mods: 1,268  yr. 1( 317) 1,337  yr. 2 ( 334) 1,406  yr. 3 ( 352) Hours: 2,536  yr. 1 2,674  yr. 2 2,812  yr. 3 8,022 for 3 years of ICR o Minor permit modifications 1 hr. per revision Consult on 25%. Minor mods: 6,340  yr. 1 ( 1,585) 6,686  yr. 2 ( 1672) 7,031  yr. 3 ( 1758) Hours: 1,585  yr. 1 1,672  yr. 2 1,758  yr. 3 5,014 for 3 years of ICR Review the annual report of enforcement activities. 10 hrs. per report 112 agencies 3,360 for 3 years of ICR TOTAL FOR EPA: 84,883 hours for 3 years/ 3 = 28,294 hours per year 48 ATTACHMENT 4 2004 WAGE RATE ADJUSTMENT AND COST TABLES 49 TABLE A. 2004 PART 70 & 71 ICR WAGE RATES* After reviewing the methodology for calculating source and government wage rates, it was decided that in order to provide a straightforward comparison to its predecessor, the 2004 part 70 & 71 ICR renewal would benefit by maintaining the wage rates at the same values as those applied in the 2000 ICRs. The reasons behind this decision were as follows.

1) Since 2004 part 70 & 71 ICRs are renewals, a burden and burden cost comparison to the previous set of ICR values ( 2000) was a crucial aspect of the analysis which was to be conducted.

2) The Bureau of the Census Employment Cost Index did not show a significant increase or higher than expected increase over the last five years to warrant a concern over differences in source wage rates from 1999 to 2004.

3) Source wage rates were calculated using values from the Bureau of the Census Statistical Abstract of the United States while federal wage rates used OPM government wage rates. Therefore, it was suspected that growth differences in each wage rate could distort the individual contributions to burden hours from sources and government entities, and thereby, complicate a comparison with the 2000 ICR.

To estimate the impact on our burden estimates, the wage rates in question were updated following the same methodology as that used in the 2000 ICR and are listed in Table A. Burden results using the same wage rates as those derived in the 2000 ICRs are posted on Table B while burden estimates derived with the updated wage rates are posted in Table C. 50 TABLE B. BOTTOM LINE BURDEN AND COST ($ 1999) 2004 2007 TABLE C. BOTTOM LINE BURDEN AND COST CHANGE ($ 2004) 2004 2007 Cost Wage Rate Source Wage Rate $ 34.40 Federal Wage Rate $ 43.50 Source Cost of Permit Preparation** $ 131.00 * Wage rates from the Bureau of the Census Statistical Abstract of the United States, 2003 were available until 2002. The value listed above are extrapolations from 2002 using the Bureau of the Census Employment Cost Index. ** Due the confidential nature of the values used in this estimate, the methodology was not listed in the 2000 part 70 & 71 ICRs. Therefore, this value was extrapolated from the 2000 ICRs using the Employment Cost Index.

Number of Affected Entities Total ICR ( 3 Year) Burden Hour Average Annual Burden Per Respondent Average Annual Burden Per Source Total ICR ( 3 Year) Cost ($ 1999) Average Annual Cost Per Respondent ($ 1999) Average Annual Cost Per Source Sources 17,626 11,936,574 226 226 $ 385,525,368 $ 7,291 $ 7,291 PAs 112 3,392,070 10,095 64 $ 125,506,590 $ 373,532 $ 2,374 Federal 1 84,883 28,294 2 $ 3,140,671 $ 1,046,890 $ 59 Total 15,413,527 NA NA $ 514,172,629 NA NA Number of Affected Entities Total ICR ( 3 Year) Burden Hour Average Annual Burden Per Respondent Average Annual Burden Per Source Total ICR ( 3 Year) Cost ($ 2004) Average Annual Cost Per Respondent ($ 2004) Average Annual Cost Per Source Sources 17,626 11,936,574 226 226 $ 414,965,146 $ 7,848 $ 7,848 PAs 112 3,392,070 10,095 64 $ 147,555,045 $ 439,152 $ 2,790 Federal 1 84,883 28,294 2 $ 3,692,411 $ 1,230,804 $ 70 Total 15,413,527 NA NA $ 566,212,602 NA NA 51 When wages were adjusted to 2004 values, the bottom line 3 year burden cost estimate increased by $ 52 million to $ 566 million with sources contributing the most to the cost increase at almost $ 29 million of additional burden cost. This represented an annual increase of approximately $ 10 million. The remaining $ 23 million in total 3 year ICR burden cost can be attributed to the increase in government wages from $ 37 per hour to $ 43.50. Average annual cost per source increased to $ 7,848 from $ 7,291. The adjustment to 2004 wage rates also increased the average annual cost for State and local permit agencies to $ 2,790 from $ 2,374 while federal government agencies average annual cost increased by $ 11.

ATTACHMENT 5 TITLE V OF THE CLEAN AIR ACT, THE STATUTORY REQUIREMENTS FOR THE RESPONDENT INFORMATION 52 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, 53 ( 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. ( C)( i) If the Administrator determines, under subsection ( d), that the fee provisions of the operating permit program do not meet the requirements of this paragraph, or if the Administrator makes a determination, under subsection ( i), that the permitting authority is not adequately administering or enforcing an approved fee program, the Administrator may, in addition to taking any other action authorized under this title, collect reasonable fees from the sources identified under subparagraph ( A). Such fees shall be designed solely to cover the 54 Administrator's costs of administering the provisions of the permit program promulgated by the Administrator. ( ii) Any source that fails to pay fees lawfully imposed by the Administrator under this subparagraph shall pay a penalty of 50 percent of the fee amount, plus interest on the fee amount computed in accordance with section 6621( a)( 2) of the Internal Revenue Code of 1986 ( relating to computation of interest on underpayment of Federal taxes). ( iii) Any fees, penalties, and interest collected under this subparagraph shall be deposited in a special fund in the United States Treasury for licensing and other services, which thereafter shall be available for appropriation, to remain available until expended, subject to appropriation, to carry out the Agency's activities for which the fees were collected. Any fee required to be collected by a State, local, or interstate agency under this subsection shall be utilized solely to cover all reasonable ( direct and indirect) costs required to support the permit program as set forth in subparagraph ( A). ( 4) Requirements for adequate personnel and funding to administer the program. ( 5) A requirement that the permitting authority have adequate authority to: ( A) issue permits and assure compliance by all sources required to have a permit under this title with each applicable standard, regulation or requirement under this Act; ( B) issue permits for a fixed term, not to exceed 5 years; ( C) assure that upon issuance or renewal permits incorporate emission limitations and other requirements in an applicable implementation plan; ( D) terminate, modify, or revoke and reissue permits for cause; ( E) enforce permits, permit fee requirements, and the requirement to obtain a permit, including authority to recover civil penalties in a maximum amount of not less than $ 10,000 per day for each violation, and provide appropriate criminal penalties; and ( F) assure that no permit will be issued if the Administrator objects to its issuance in a timely manner under this title. ( 6) Adequate, streamlined, and reasonable procedures for expeditiously determining when applications are complete, for processing such applications, for public notice, including offering an opportunity for public comment and a hearing, and for expeditious review of permit actions, including applications, renewals, or revisions, and including an opportunity for judicial review in State court of the final permit action by the applicant, any person who participated in the public comment process, and any other person who could obtain judicial review of that action under applicable law. ( 7) To ensure against unreasonable delay by the permitting authority, adequate authority and procedures to provide that a failure of such permitting authority to act on a permit application or permit renewal application ( in accordance with the time periods specified in section 503 or, as appropriate, title IV) shall be treated as a final permit action solely for purposes of obtaining judicial review in State court of an action brought by any person referred to in paragraph ( 6) to require that action be taken by the permitting authority on such application without additional delay. ( 8) Authority, and reasonable procedures consistent with the need for expeditious action by the permitting authority on permit applications and related matters, to make available to the public any permit application, compliance plan, permit, and monitoring or 55 compliance report under section 503( e), subject to the provisions of section 114( c) of this Act. ( 9) A requirement that the permitting authority, in the case of permits with a term of 3 or more years for major sources, shall require revisions to the permit to incorporate applicable standards and regulations promulgated under this Act after the issuance of such permit. Such revisions shall occur as expeditiously as practicable and consistent with the procedures established under paragraph ( 6) but not later than 18 months after the promulgation of such standards and regulations. No such revision shall be required if the effective date of the standards or regulations is a date after the expiration of the permit term. Such permit revision shall be treated as a permit renewal if it complies with the requirements of this title regarding renewals. ( 10) Provisions to allow changes within a permitted facility ( or one operating pursuant to section 503( d)) without requiring a permit revision, if the changes are not modifications under any provision of title I and the changes do not exceed the emissions allowable under the permit ( whether expressed therein as a rate of emissions or in terms of total emissions: Provided, That the facility provides the Administrator and the permitting authority with written notification in advance of the proposed changes which shall be a minimum of 7 days, unless the permitting authority provides in its regulations a different time frame for emergencies. ( c) Single Permit. A single permit may be issued for a facility with multiple sources. ( d) Submission and Approval. ( 1) Not later than 3 years after the date of the enactment of the Clean Air Act Amendments of 1990, the Governor of each State shall develop and submit to the Administrator a permit program under State or local law or under an interstate compact meeting the requirements of this title. In addition, the Governor shall submit a legal opinion from the attorney general ( or the attorney for those State air pollution control agencies that have independent legal counsel), or from the chief legal officer of an interstate agency, that the laws of the State, locality, or the interstate compact provide adequate authority to carry out the program. Not later than 1 year after receiving a program, and after notice and opportunity for public comment, the Administrator shall approve or disapprove such program, in whole or in part. The Administrator may approve a program to the extent that the program meets the requirements of this Act, including the regulations issued under subsection ( b). If the program is disapproved, in whole or in part, the Administrator shall notify the Governor of any revisions or modifications necessary to obtain approval. The Governor shall revise and resubmit the program for review under this section within 180 days after receiving notification. ( 2)( A) If the Governor does not submit a program as required under paragraph ( 1) or if the Administrator disapproves a program submitted by the Governor under paragraph ( 1), in whole or in part, the Administrator may, prior to the expiration of the 18 month period referred to in subparagraph ( B), in the Administrator's discretion, apply any of the sanctions specified in section 179( b). ( B) If the Governor does not submit a program as required under paragraph ( 1), or if the Administrator disapproves any such program submitted by the Governor under paragraph ( 1), in whole or in part, 18 months after the date required for such submittal or the date of such disapproval, as the case may be, the Administrator shall apply sanctions under section 179( b) in the same manner and subject to the same deadlines and other conditions as 56 are applicable in the case of a determination, disapproval, or finding under section 179( a). ( C) The sanctions under section 179( b)( 2) shall not apply pursuant to this paragraph in any area unless the failure to submit or the disapproval referred to in subparagraph ( A) or ( B) relates to an air pollutant for which such area has been designated a nonattainment area ( as defined in part D of title I). ( 3) If a program meeting the requirements of this title has not been approved in whole for any State, the Administrator shall, 2 years after the date required for submission of such a program under paragraph ( 1), promulgate, administer, and enforce a program under this title for that State. ( e) Suspension. The Administrator shall suspend the issuance of permits promptly upon publication of notice of approval of a permit program under this section, but may, in such notice, retain jurisdiction over permits that have been federally issued, but for which the administrative or judicial review process is not complete. The Administrator shall continue to administer and enforce federally issued permits under this title until they are replaced by a permit issued by a permitting program. Nothing in this subsection should be construed to limit the Administrator's ability to enforce permits issued by a State. ( f) Prohibition. No partial permit program shall be approved unless, at a minimum, it applies, and ensures compliance with, this title and each of the following: ( 1) All requirements established under title IV applicable to " affected sources." ( 2) All requirements established under section 112 applicable to " major sources", " area sources," and " new sources." ( 3) All requirements of title I ( other than section 112) applicable to sources required to have a permit under this title. Approval of a partial program shall not relieve the State of its obligation to submit a complete program, nor from the application of any sanctions under this Act for failure to submit an approvable permit program. ( g) Interim Approval. If a program ( including a partial permit program) submitted under this title substantially meets the requirements of this title, but is not fully approvable, the Administrator may by rule grant the program interim approval. In the notice of final rulemaking, the Administrator shall specify the changes that must be made before the program can receive full approval. An interim approval under this subsection shall expire on a date set by the Administrator not later than 2 years after such approval, and may not be renewed. For the period of any such interim approval, the provisions of subsection ( d)( 2), and the obligation of the Administrator to promulgate a program under this title for the State pursuant to subsection ( d)( 3), shall be suspended. Such provisions and such obligation of the Administrator shall apply after the expiration of such interim approval. ( h) Effective Date. The effective date of a permit program, or partial or interim program, approved under this title, shall be the effective date of approval by the Administrator. The effective date of a permit program, or partial permit program, promulgated by the Administrator shall be the date of promulgation. ( i) Administration and Enforcement. ( 1) Whenever the Administrator makes a determination that a permitting authority is not adequately administering and enforcing a program, or portion thereof, in accordance with the requirements of this title, the Administrator shall provide notice to the State and may, prior to the expiration of the 18 57 month period referred to in paragraph ( 2), in the Administrator's discretion, apply any of the sanctions specified in section 179( b). ( 2) Whenever the Administrator makes a determination that a permitting authority is not adequately administering and enforcing a program, or portion thereof, in accordance with the requirements of this title, 18 months after the date of the notice under paragraph ( 1), the Administrator shall apply the sanctions under section 179( b) in the same manner and subject to the same deadlines and other conditions as are applicable in the case of a determination, disapproval, or finding under section 179( a). ( 3) The sanctions under section 179( b)( 2) shall not apply pursuant to this subsection in any area unless the failure to adequately enforce and administer the program relates to an air pollutant for which such area has been designated a nonattainment area. ( 4) Whenever the Administrator has made a finding under paragraph ( 1) with respect to any State, unless the State has corrected such deficiency within 18 months after the date of such finding, the Administrator shall, 2 years after the date of such finding, promulgate, administer, and enforce a program under this title for that State. Nothing in this paragraph shall be construed to affect the validity of a program which has been approved under this title or the authority of any permitting authority acting under such program until such time as such program is promulgated by the Administrator under this paragraph. [ 42 U. S. C. 7661a]

SEC. 503. PERMIT APPLICATIONS.

( a) APPLICABLE DATE. Any source specified in section 502( a) shall become subject to a permit program, and required to have a permit, on the later of the following dates ( 1) the effective date of a permit program or partial or interim permit program applicable to the source; or ( 2) the date such source becomes subject to section 502( a). ( b) COMPLIANCE PLAN.( 1) The regulations required by section 502( b) shall include a requirement that the applicant submit with the permit application a compliance plan describing how the source will comply with all applicable requirements under this Act. The compliance plan shall include a schedule of compliance, and a schedule under which the permittee will submit progress reports to the permitting authority no less frequently than every 6 months. ( 2) The regulations shall further require the permittee to periodically ( but no less frequently than annually) certify that the facility is in compliance with any applicable requirements of the permit, and to promptly report any deviations from permit requirements to the permitting authority. ( c) DEADLINE. Any person required to have a permit shall, not later than 12 months after the date on which the source becomes subject to a permit program approved or promulgated under this title, or such earlier date as the permitting authority may establish, submit to the permitting authority a compliance plan and an application for a permit signed by a responsible official, who shall certify the accuracy of the information submitted. The permitting authority shall approve or disapprove a completed application ( consistent with the procedures established under this title for consideration of such applications), and shall issue 58 or deny the permit, within 18 months after the date of receipt thereof, except that the permitting authority shall establish a phased schedule for acting on permit applications submitted within the first full year after the effective date of a permit program ( or a partial or interim program). Any such schedule shall assure that at least one third of such permits will be acted on by such authority annually over a period of not to exceed 3 years after such effective date. Such authority shall establish reasonable procedures to prioritize such approval or disapproval actions in the case of applications for construction or modification under the applicable requirements of this Act. ( d) TIMELY AND COMPLETE APPLICATIONS. Except for sources required to have a permit before construction or modification under the applicable requirements of this Act, if an applicant has submitted a timely and complete application for a permit required by this title ( including renewals), but final action has not been taken on such application, the source's failure to have a permit shall not be a violation of this Act, unless the delay in final action was due to the failure of the applicant timely to submit information required or requested to process the application. No source required to have a permit under this title shall be in violation of section 502( a) before the date on which the source is required to submit an application under subsection ( c). ( e) COPIES; AVAILABILITY. A copy of each permit application, compliance plan ( including the schedule of compliance), emissions or compliance monitoring report, certification, and each permit issued under this title, shall be available to the public. If an applicant or permittee is required to submit information entitled to protection from disclosure under section 114( c) of this Act, the applicant or permittee may submit such information separately. The requirements of section 114( c) shall apply to such information. The contents of a permit shall not be entitled to protection under section 114( c).

SEC. 504. PERMIT REQUIREMENTS AND CONDITIONS.

( a) CONDITIONS. Each permit issued under this title shall include enforceable emission limitations and standards, a schedule of compliance, a requirement that the permittee submit to the permitting authority, no less often than every 6 months, the results of any required monitoring, and such other conditions as are necessary to assure compliance with applicable requirements of this Act, including the requirements of the applicable implementation plan. ( b) MONITORING AND ANALYSIS. The Administrator may by rule prescribe procedures and methods for determining compliance and for monitoring and analysis of pollutants regulated under this Act, but continuous emissions monitoring need not be required if alternative methods are available that provide sufficiently reliable and timely information for determining compliance. Nothing in this subsection shall be construed to affect any continuous emissions monitoring requirement of title IV, or where required elsewhere in this Act. ( c) INSPECTION, ENTRY, MONITORING, CERTIFICATION, AND REPORTING. Each permit issued under this title shall set forth inspection, entry, monitoring, compliance certification, and reporting requirements to assure compliance with the permit terms and conditions. Such monitoring and reporting requirements shall conform to any 59 applicable regulation under subsection ( b). Any report required to be submitted by a permit issued to a corporation under this title shall be signed by a responsible corporate official, who shall certify its accuracy.

§ 70.5( c) Standard applications form and required information. The State program under this part shall provide for a standard application form or forms. Information as described below for each emissions unit at a part 70 source shall be included in the application. The Administrator may approve as part of a State program a list of insignificant activities and emissions levels which need not be included in permit applications. However, for insignificant activities which are exempted because of size or production rate, a list of such insignificant activities must be included in the application. An application may not omit information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required under the schedule approved pursuant to § 70.9 of this part. The permitting authority may use discretion in developing application forms that best meet program needs and administrative efficiency. The forms and attachments chosen, however, shall include the elements specified below: ( 1) Identifying information, including company name and address ( or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/ contact. ( 2) A description of the source's processes and products ( by Standard Industrial Classification Code) including any associated alternative scenario identified by the source. ( 3) The following emission related information: ( i) All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted under this paragraph ( c) of this section. The permitting authority shall require additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to collect any permit fees owed under the fee schedule approved pursuant to § 70.9( b) of this part. ( ii) Identification and description of all points of emissions described in paragraph ( c)( 3)( i) of this section in sufficient detail to establish the basis for fees and applicability of requirements of the Act. ( iii) Emissions rate in tpy and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method. ( iv) The following information to the extent it is needed to determine to regulate emissions: Fuels, fuel use, raw materials, production rates, and operating schedules. ( v) Identification and description of air pollution control equipment and compliance monitoring devices or activities. ( vi) Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the part 70 source. ( vii) Other information required by any applicable requirement ( including information related to stack height limitations developed pursuant to section 123 of the Act.) ( viii) Calculations on which the information on paragraphs ( c)( 3)( i) through ( c)( 3)( vii) 60 of this section is based. ( 4) The following air pollution control requirements: ( i) Citation and description of all applicable requirements, and ( ii) Description of or reference to any applicable test method for determining compliance with each applicable requirement. ( 5) Other specific information that may be necessary to implement and enforce other applicable requirements of the Act or of this part or to determine the applicability of such requirements. ( 6) An explanation of any proposed exemptions from otherwise applicable requirements. ( 7) Additional information as determined to be necessary by the permitting authority to define alternative operating scenarios identified by the source pursuant to § 70.6( a)( 9) of this part or to define permit terms and conditions implementing § 70.4( b)( 12) or § 70.6( a)( 10) of this part. ( 8) A compliance plan for all part 70 sources that contains all the following: ( i) A description of the compliance status of the source with respect to all applicable requirements. ( ii) A description as follows: ( A) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements. ( B) For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. ( C) For requirements for which the source is not in compliance at the time or permit issuance, a narrative description of how the source will achieve compliance with such requirements. ( iii) A compliance schedule as follows: ( A) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements. ( B) For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement. ( C) A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to and shall not sanction noncompliance with, the applicable requirements on which it is based. ( iv) A schedule for submission of certified progress reports no less frequently than every 6 months for sources required to have a schedule of compliance to remedy a violation. 61 ( v) The compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under title IV of the Act with regard to the schedule and method( s) the source will use to achieve compliance with the acid rain emissions limitations. ( 9) Requirements for compliance certification, including the following: ( i) A certification of compliance with all applicable requirements by a responsible official consistent with paragraph ( d) of this section and section 114( a)( 3) of the Act; ( ii) A statement of methods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods; ( iii) A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the permitting authority; and ( iv) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act. ( 10) The use of nationally standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under title IV of the Act. ( d) Any application form, report, or compliance certification submitted pursuant to these regulations shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this part shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.