[Federal Register: November 5, 2008 (Volume 73, Number 215)]
[Proposed Rules]
[Page 65804-65811]
[DOCID:fr05no08-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R04-OAR-2008-0681; FRL-8737-2]

Outer Continental Shelf Air Regulations Consistency Update for
North Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule-consistency update.

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SUMMARY: EPA is proposing to update a portion of the Outer Continental
Shelf (OCS) Air Regulations. Requirements applying to OCS sources
located within 25 miles of states' seaward boundaries must be updated
periodically to remain consistent with the requirements of the
corresponding onshore area (COA), as mandated by section 328(a)(1) of
the Clean Air Act (``CAA'' or ``the Act''). The portion of the OCS air
regulations that is being updated pertains to the requirements for OCS
sources for which the State of North Carolina will be the designated
COA. The effect of approving the OCS requirements for the State of
North Carolina is to regulate emissions from OCS sources in accordance
with the requirements onshore. The change to the existing requirements
discussed below is proposed to be incorporated by reference into the
Code of Federal Regulations (CFR) and is listed in the appendix to the
OCS air regulations. This proposed action is an annual update of North
Carolina's OCS Air Regulations. These rules include revisions to
existing rules that already apply to OCS sources.

DATES: Comments must be received on or before December 5, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2008-0681, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``(EPA-R04-OAR-2008-0681),'' Air Permit Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Sean Lakeman, Air Permit Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. ``(EPA-R04-OAR-
2008-0681).'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Air Permit Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding federal
holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Permit Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. The telephone number is<PHONE_NUMBER>.
Mr. Lakeman can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. The following outline is
provided to aid in locating information in this preamble.

>I. Background and Purpose
II. EPA's Evaluation
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain federal and state ambient air quality
standards and to comply with the provisions of part C of title I of the
Act. Part 55 applies to all OCS sources offshore of the states except
those located in the Gulf of Mexico west of 87.5 degrees longitude.
Section 328 of the Act requires that for such sources located within 25
miles of

a state's seaward boundary, the requirements shall be the same as would
be applicable if the sources were located in the COA. Because the OCS
requirements are based on onshore requirements, and onshore
requirements may change, section 328(a)(1) of the Act requires that EPA
update the OCS requirements as necessary to maintain consistency with
onshore requirements.
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    \1\ For further information see the Notice of Proposed
Rulemaking, December 5, 1991 (56 FR 63774), and the preamble to the
final rule promulgated September 4, 1992 (57 FR 40792).
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    Pursuant to 40 CFR 55.12 of the OCS rule, ``consistency reviews
will occur at least annually. In addition, in accordance with
paragraphs (c) and (d) of this section, consistency reviews will occur
upon receipt of an NOI (notice of intent) and when a State or local
agency submits a rule to EPA to be considered for incorporation by
reference in this part 55.'' This proposed action is an annual update
of North Carolina's OCS Air Regulations, which are incorporated by
reference into 40 CFR part 55, Appendix A.
    Section 328(a) of the Act requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
states' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into part 55 as they exist onshore. This process is
distinct from the State Implementation Plan (SIP) process and
incorporation of a rule into part 55 as part of the OCS consistency
update process does not ensure such a rule would be appropriate for
inclusion into the SIP. EPA's review of North Carolina's rules for OCS
consistency update purposes is described below.

II. EPA's Evaluation

    In updating 40 CFR part 55, Appendix A, EPA reviewed North
Carolina's rules for inclusion into part 55 to ensure that they are (1)
rationally related to the attainment or maintenance of federal or state
ambient air quality standards and part C of title I of the Act; (2) not
designed expressly to prevent exploration and development of the OCS;
and (3) applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated
the rules to ensure they are not arbitrary or capricious. 40 CFR
55.12(e). In addition, EPA has excluded administrative or procedural
rules,\2\ and requirements that regulate toxics which are not related
to the attainment and maintenance of federal and state ambient air
quality standards.
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    \2\ Each COA which has been delegated the authority to implement
and enforce part 55, will use its administrative and procedural
rules as it does with onshore sources. However, in those instances
where EPA has not delegated authority to implement and enforce part
55, EPA will use its own administrative and procedural requirements
to implement the substantive requirements. See 40 CFR 55.14(c)(4).
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    EPA is soliciting public comments on the proposal to update 40 CFR
part 55, Appendix A to include recent changes to North Carolina's
onshore rules that affect OCS sources. Any comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting comments to the EPA Region 4
Office listed in the ADDRESSES section of this Federal Register.

III. Proposed Action

    EPA is proposing an annual update of North Carolina's OCS Air
Regulations. These rules include revisions to existing rules that
already apply to OCS sources. The rules that EPA is proposing to
incorporate are applicable provisions of Chapter 15A of the North
Carolina Administrative Code, listed in detail at the end of this
document.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 and is therefore not subject to OMB
Review. These rules implement requirements specifically and explicitly
set forth by the Congress in section 328 of the CAA, without the
exercise of any policy discretion by EPA. These OCS rules already apply
in the COA, and EPA has no evidence to suggest that these OCS rules
have created an adverse material effect. As required by section 328 of
the CAA, this action simply updates the existing OCS requirements to
make them consistent with rules in the COA.

B. Paperwork Reduction Act

    The OMB has approved the information collection requirements
contained in 40 CFR part 55, and by extension this update to the rules,
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., and has assigned OMB control number 2060-0249. Notice of OMB's
approval of EPA Information Collection Request (ICR) No. 1601.06 was
published in the Federal Register on March 1, 2006 (71 FR 10499). The
approval expires January 31, 2009. As EPA previously indicated (70 FR
65897 (November 1, 2005)), the annual public reporting and
recordkeeping burden for collection of information under 40 CFR part 55
is estimated to average 549 hours per response. Burden means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.

    These rules will not have a significant economic impact on a
substantial number of small entities. These rules implement
requirements specifically and explicitly set forth by the Congress in
section 328 of the CAA, without the exercise of any policy discretion
by EPA. These OCS rules already apply in the COA, and EPA has no
evidence to suggest that these OCS rules have had a significant
economic impact on a substantial number of small entities. As required
by section 328 of the CAA, this action simply updates the existing OCS
requirements to make them consistent with rules in the COA. Therefore,
this action will not have a significant economic impact on a
substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year.
    Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
    This document contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for state, local, or tribal
governments or the private sector that may result in expenditures of
$100 million or more for state, local, or tribal governments, in the
aggregate, or to the private sector in any one year. This action would
implement requirements specifically and explicitly set forth by the
Congress in section 328 of the CAA, without the exercise of any policy
discretion by EPA. The OCS rules already apply in the COA, and EPA has
no evidence to suggest that applying them in the OCS would result in
expenditures to state, local, and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year. As
required by section 328 of the CAA, this action simply updates the
existing OCS requirements to make them consistent with rules in the
COA.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255 (August
10, 1999)), requires EPA to develop an accountable process to ensure
``meaningful and timely input by state and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. These rules implement
requirements specifically and explicitly set forth by the Congress in
section 328 of the CAA, without the exercise of any policy discretion
by EPA. As required by section 328 of the CAA, this rule simply updates
the existing OCS rules to make them consistent with current COA
requirements. These rules do not amend the existing provisions within
40 CFR part 55 enabling delegation of OCS regulations to a COA, and
this rule does not require the COA to implement the OCS rules. Thus,
Executive Order 13132 does not apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and state and local
governments, EPA specifically solicits comments on this proposed rule
from state and local officials.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes and thus does not have ``tribal
implications,'' within the meaning of Executive Order 13175. This rule
implements requirements specifically and explicitly set forth by the
Congress in section 328 of the CAA, without the exercise of any policy
discretion by EPA. As required by section 328 of the CAA, this rule
simply updates the existing OCS rules to make them consistent with
current COA requirements. In addition, this rule does not impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law. Consultation with Indian tribes is therefore not required
under Executive Order 13175. Nonetheless, in the spirit of Executive
Order 13175 and consistent with EPA policy to promote communications
between EPA and tribes, EPA specifically solicits comments on this
proposed rule from tribal officials.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885 (April 23, 1997)), applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably

feasible alternatives considered by the Agency.
    This proposed rule is not subject to Executive Order 13045 because
it is not economically significant as defined in Executive Order 12866.
In addition, the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportional risk to children.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it
is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable laws or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decided
not to use available and applicable voluntary consensus standards.
    As discussed above, these rules implement requirements specifically
and explicitly set forth by the Congress in section 328 of the CAA,
without the exercise of any policy discretion by EPA. As required by
section 328 of the CAA, this rule simply updates the existing OCS rules
to make them consistent with current COA requirements. In the absence
of a prior existing requirement for the state to use voluntary
consensus standards and in light of the fact that EPA is required to
make the OCS rules consistent with current COA requirements, it would
be inconsistent with applicable law for EPA to use voluntary consensus
standards in this action. Therefore, EPA is not considering the use of
any voluntary consensus standards. EPA welcomes comments on this aspect
of the proposed rulemaking and, specifically, invites the public to
identify potentially-applicable voluntary consensus standards and to
explain why such standards should be used in this regulation.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (February 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA lacks the discretionary authority
to address environmental justice in this proposed action. This rule
implements requirements specifically and explicitly set forth by the
Congress in section 328 of the CAA, without the exercise of any policy
discretion by EPA. As required by section 328 of the CAA, this rule
simply updates the existing OCS rules to make them consistent with
current COA requirements.
    Although EPA lacks authority to modify today's regulatory decision
on the basis of environmental justice considerations, EPA nevertheless
explored this issue and found the following. This action, namely,
updating the OCS rules to make them consistent with current COA
requirements, will not have disproportionately high and adverse human
health or environmental effects on minority or low-income populations
because it increases the level of environmental protection for all
affected populations without having any disproportionately high and
adverse human health or environmental effects on any population,
including any minority or low-income population. Environmental justice
considerations may be appropriate to consider in the context of a
specific OCS permit application.

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure,
Air pollution control, Continental Shelf, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: October 24, 2008.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, title 40 of the Code of
Federal Regulations is proposed to be amended as follows:

PART 55--[AMENDED]

    1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Act (42 U.S.C. 7401, et seq.) as
amended by Public Law 101-549.

    2. Section 55.14 is amended by revising paragraph (e)(17)(i)(A) to
read as follows:

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (17) * * *
    (i) * * *
    (A) State of North Carolina Air Pollution Control Requirements
Applicable to OCS Sources, January 2, 2008.
* * * * *
    3. Appendix A to part 55 is amended by revising paragraph (a)(1)
under the heading ``North Carolina'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, By State

* * * * *

 North Carolina

    (a) State requirements.
    (1) The following requirements are contained in State of North
Carolina Air Pollution Control Requirements Applicable to OCS
Sources, January 2, 2008: The following sections of subchapter 2D,
2H and 2Q.

15A NCAC SUBCHAPTER 2D--AIR POLLUTION CONTROL REQUIREMENTS

SECTION .0100--DEFINITIONS AND REFERENCES

2D.0101 Definitions (Effective 12/01/2005)
2D.0104 Incorporation by reference (Effective 07/01/1998)

SECTION .0200--AIR POLLUTION SOURCES

2D.0201 Classification of air pollution sources (Effective 07/01/
1984)
2D.0202 Registration of air pollution sources (Effective 07/01/1998)

SECTION .0300--AIR POLLUTION EMERGENCIES

2D.0301 Purpose (Effective 02/01/1976)
2D.0302 Episode criteria (Effective 07/01/1998)
2D.0303 Emission reduction plans (Effective 07/01/1984)

2D.0304 Preplanned abatement program (Effective 07/01/1998)
2D.0305 Emission reduction plan: Alert Level (Effective 07/01/1984)
2D.0306 Emission reduction plan: Warning Level (Effective 07/01/
1984)
2D.0307 Emission reduction plan: Emergency Level (Effective 07/01/
1984)

SECTION .0400--AMBIENT AIR QUALITY STANDARDS

2D.0401 Purpose (Effective 12/01/1992)
2D.0402 Sulfur oxides (Effective 07/01/1984)
2D.0403 Total suspended particulates (Effective 07/01/1988)
2D.0404 Carbon monoxide (Effective 10/01/1989)
2D.0405 Ozone (Effective 04/01/1999)
2D.0407 Nitrogen dioxide (Effective 10/01/1989)
2D.0408 Lead (Effective 07/01/1984)
2D.0409 PM10 particulate matter (Effective 04/01/1999)
2D.0410 PM2.5 particulate matter (Effective 04/01/1999)

SECTION .0500--EMISSION CONTROL STANDARDS

2D.0501 Compliance with emission control standards (Effective 06/01/
2008)
2D.0502 Purpose (Effective 06/01/1981)
2D.0503 Particulates from fuel burning indirect heat exchangers
(Effective 04/01/1999)
2D.0504 Particulates from wood burning indirect heat exchangers
(Effective 08/01/2002)
2D.0506 Particulates from hot mix asphalt plants (Effective 08/01/
2004)
2D.0507 Particulates from chemical fertilizer manufacturing plants
(Effective 04/01/2003)
2D.0508 Particulates from pulp and paper mills (Effective 07/10/
1998)
2D.0509 Particulates from MICA or FELDSPAR processing plants
(Effective 04/01/2003)
2D.0510 Particulates from sand, gravel, or crushed stone operations
(Effective 07/01/1998)
2D.0511 Particulates from lightweight aggregate processes (Effective
07/01/1998)
2D.0512 Particulates from wood products finishing plants (Effective
01/01/1985)
2D.0513 Particulates from portland cement plants (Effective 07/01/
1998)
2D.0514 Particulates from ferrous jobbing foundries (Effective 07/
01/1998)
2D.0515 Particulates from miscellaneous industrial processes
(Effective 04/01/2003)
2D.0516 Sulfur dioxide emissions from combustion sources (Effective
07/01/2007)
2D.0517 Emissions from plants producing sulfuric acid (Effective 01/
01/1985)
2D.0519 Control of nitrogen dioxide and nitrogen oxides emissions
(Effective 07/01/2007)
2D.0521 Control of visible emissions (Effective 07/01/2007)
2D.0524 New Source Performance Standards (Effective 07/01/2007)
2D.0527 Emissions from spodumene ore roasting (Effective 01/01/1985)
2D.0528 Total reduced sulfur from kraft pulp mills (Effective 07/01/
1988)
2D.0529 Fluoride emissions from primary aluminum reduction plants
(Effective 06/01/2008)
2D.0530 Prevention of significant deterioration (Effective 05/01/
2008)
2D.0531 Sources in nonattainment areas (Effective 05/01/2008)
2D.0532 Sources contributing to an ambient violation (Effective (07/
01/1994)
2D.0533 Stack height (Effective 07/01/1994)
2D.0534 Fluoride emissions from phosphate fertilizer industry
(Effective 11/01/1982)
2D.0535 Excess emissions reporting and malfunctions (Effective 06/
01/2008)
2D.0536 Particulate emissions from electric utility boilers
(Effective 06/10/2008)
2D.0537 Control of mercury emissions (Effective 07/01/1996)
2D.0538 Control of ethylene oxide emissions (Effective 06/01/2004)
2D.0539 Odor control of feed ingredient manufacturing plants
(Effective 04/01/2001)
2D.0540 Particulates from fugitive dust emission sources (Effective
08/01/2007)
2D.0541 Control of emissions from abrasive blasting (Effective 07/
01/2000)
2D.0542 Control of particulate emissions from cotton ginning
operations (Effective 06/01/2008)
2D.0543 Best Available Retrofit Technology (Effective 05/01/2007)

SECTION .0600--MONITORING: RECORDKEEPING: REPORTING

2D.0601 Purpose and scope (Effective 04/01/1999)
2D.0602 Definitions (Effective 04/01/1999)
2D.0604 Exceptions to monitoring and reporting requirements
(Effective 04/01/1999)
2D.0605 General recordkeeping and reporting requirements (Effective
01/01/2007)
2D.0606 Sources covered by appendix P of 40 CFR part 51 (Effective
06/01/2008)
2D.0607 Large wood and wood-fossil fuel combination units (Effective
07/01/1999)
2D.0608 Other large coal or residual oil burners (Effective 06/01/
2008)
2D.0610 Federal monitoring requirements (Effective 04/01/1999)
2D.0611 Monitoring emissions from other sources (Effective 04/01/
1999)
2D.0612 Alternative monitoring and reporting procedures (Effective
04/01/1999)
2D.0613 Quality assurance program (Effective 04/01/1999)
2D.0614 Compliance assurance monitoring (Effective 04/01/1999)
2D.0615 Delegation (Effective 04/01/1999)

SECTION .0800--COMPLEX SOURCES

2D.0801 Purpose and scope (Effective 02/01/2005)
2D.0802 Definitions (07/01/1994)
2D.0804 Airport facilities (Effective 07/01/1996)
2D.0805 Parking facilities (Effective 07/01/1996)
2D.0806 Ambient monitoring and modeling analysis (Effective 07/01/
1994)

SECTION .0900--VOLATILE ORGANIC COMPOUNDS

2D.0901 Definitions (Effective 06/01/2008)
2D.0902 Applicability (Effective 07/01/2007)
2D.0903 Recordkeeping: reporting: monitoring (Effective 04/01/1999)
2D.0906 Circumvention (Effective 01/01/1985)
2D.0909 Compliance schedules for sources in nonattainment areas
(Effective 07/01/2007)
2D.0912 General provisions on test methods and procedures (Effective
06/01/2008)
2D.0917 Automobile and light-duty truck manufacturing (Effective 07/
01/1996)
2D.0918 Can coating (Effective 07/01/1996)
2D.0919 Coil coating (Effective 07/01/1996)
2D.0920 Paper coating (Effective 07/01/1996)
2D.0921 Fabric and vinyl coating (Effective 07/01/1996)
2D.0922 Metal furniture coating (Effective 07/01/1996)
2D.0923 Surface coating of large appliances (Effective 07/01/1996)
2D.0924 Magnet wire coating (Effective 07/01/1996)
2D.0925 Petroleum liquid storage in fixed roof tanks (03/01/1991)
2D.0926 Bulk gasoline plants (Effective 07/01/1996)
2D.0927 Bulk gasoline terminals (Effective 01/01/2007)
2D.0928 Gasoline service stations stage I (Effective 07/01/1996)
2D.0930 Solvent metal cleaning (Effective 03/01/1991)
2D.0931 Cutback asphalt (Effective 12/01/1989)
2D.0932 Gasoline truck tanks and vapor collection systems (Effective
08/01/2008)
2D.0933 Petroleum liquid storage in external floating roof tanks
(Effective 06/01/2004)
2D.0934 Coating of miscellaneous metal parts and products (Effective
07/01/1996)
2D.0935 Factory surface coating of flat wood paneling (Effective 07/
01/1996)
2D.0936 Graphic arts (Effective 12/01/1993)
2D.0937 Manufacture of pneumatic rubber tires (Effective 07/01/1996)
2D.0943 Synthetic organic chemical and polymer manufacturing
(Effective 06/01/2008)
2D.0944 Manufacture of polyethylene: polypropylene and polystyrene
(Effective 05/01/1985)
2D.0945 Petroleum dry cleaning (Effective 06/01/2008)
2D.0947 Manufacture of synthesized pharmaceutical products
(Effective 07/01/1994)
2D.0948 VOC emissions from transfer operations (Effective 07/01/
2000)
2D.0949 Storage of miscellaneous volatile organic compounds
(Effective 07/01/2000)
2D.0951 Miscellaneous volatile organic compound emissions (Effective
07/01/2000)
2D.0952 Petition for alternative controls for RACT (Effective 04/01/
2003)
2D.0953 Vapor return piping for stage II vapor recovery (Effective
07/01/1998)

2D.0954 Stage II vapor recovery (Effective 04/01/2003)
2D.0955 Thread bonding manufacturing (Effective 05/01/1995)
2D.0956 Glass christmas ornament manufacturing (Effective 05/01/
1995)
2D.0957 Commercial bakeries (Effective 05/01/1995)
2D.0958 Work practices for sources of volatile organic compounds
(Effective 07/01/2000)
2D.0959 Petition for superior alternative controls (Effective 04/01/
2003)
2D.0960 Certification of leak tightness tester (Effective 07/01/
2007)

SECTION .1100--CONTROL OF TOXIC AIR POLLUTANTS

2D.1101 Purpose (Effective 05/01/1990)
2D.1102 Applicability (Effective 07/01/1998)
2D.1103 Definition (Effective 04/01/2001)
2D.1104 Toxic air pollutant guidelines (Effective 06/01/2008)
2D.1105 Facility reporting, recordkeeping (Effective 04/01/1999)
2D.1106 Determination of ambient air concentration (Effective 07/01/
1998)
2D.1107 Multiple facilities (Effective 07/01/1998)
2D.1108 Multiple pollutants (Effective 05/01/1990)
2D.1109 112(j) case-by-case maximum achievable control technology
(Effective 02/01/2004)
2D.1110 National Emission Standards for Hazardous Air Pollutants
(Effective 06/01/2008)
2D.1111 Maximum Achievable Control Technology (Effective 01/01/2007)
2D.1112 112(g) case-by-case maximum achievable control technology
(Effective 07/01/1998)

SECTION .1200--CONTROL OF EMISSIONS FROM INCINERATORS

2D.1201 Purpose and scope (Effective 07/01/2007)
2D.1202 Definitions (Effective 07/01/2007)
2D.1203 Hazardous waste incinerators (Effective 06/01/2008)
2D.1204 Sewage sludge and sludge incinerators (Effective 06/01/2008)
2D.1205 Municipal waste combustors (Effective 04/01/2004)
2D.1206 Hospital, medical, and infectious waste incinerators
(Effective 06/01/2008)
2D.1207 Conical incinerators (Effective 07/01/2000)
2D.1208 Other incinerators (Effective 08/01/2008)
2D.1210 Commercial and industrial solid waste incineration units
(Effective 06/01/2008)
2D.1211 Other solid waste incineration units (Effective 07/01/2007)

SECTION .1300--OXYGENATED GASOLINE STANDARD

2D.1301 Purpose (Effective 09/01/1996)
2D.1302 Applicability (Effective 09/01/1996)
2D.1303 Definitions (Effective 09/01/1992)
2D.1304 Oxygen content standard (Effective 09/01/1996)
2D.1305 Measurement and enforcement (Effective 07/01/1998)

SECTION .1400--NITROGEN OXIDES

2D.1401 Definitions (Effective 07/18/2002)
2D.1402 Applicability (Effective 06/01/2008)
2D.1403 Compliance schedules (Effective 07/01/2007)
2D.1404 Recordkeeping: Reporting: Monitoring: (Effective 12/01/2005)
2D.1405 Circumvention (Effective 04/01/1995)
2D.1407 Boilers and indirect-fired process heaters (Effective 06/01/
2008)
2D.1408 Stationary combustion turbines (Effective 06/01/2008)
2D.1409 Stationary internal combustion engines (Effective 06/01/
2008)
2D.1410 Emissions averaging (Effective 07/18/2002)
2D.1411 Seasonal fuel switching (Effective 06/01/2008)
2D.1412 Petition for alternative limitations (Effective 06/01/2008)
2D.1413 Sources not otherwise listed in this section (Effective 07/
18/2002)
2D.1414 Tune-up requirements (Effective 07/18/2002)
2D.1415 Test methods and procedures (Effective 07/18/2002)
2D.1416 Emission allocations for utility companies (Effective 06/01/
2004)
2D.1417 Emission allocations for large combustion sources (Effective
06/01/2004)
2D.1418 New electric generating units, large boilers, and large I/C
engines (Effective 06/01/2004)
2D.1419 Nitrogen oxide budget trading program (Effective 06/01/2004)
2D.1420 Periodic review and reallocations (Effective 07/18/2002)
2D.1421 Allocations for new growth of major point sources (Effective
07/18/2002)
2D.1422 Compliance supplement pool credits (Effective 06/01/2004)
2D.1423 Large internal combustion engines (Effective 07/18/2002)

SECTION .1600--GENERAL CONFORMITY

2D.1601 Purpose, scope and applicability (Effective 04/01/1999)
2D.1602 Definitions (Effective 04/01/1995)
2D.1603 General conformity determination (Effective 07/01/1998)

SECTION .1900--OPEN BURNING

2D.1901 Open burning: Purpose: Scope (Effective 07/01/2007)
2D.1902 Definitions (Effective 07/01/2007)
2D.1903 Open burning without an air quality permit (Effective 07/01/
2007)
2D.1904 Air curtain burners (Effective 07/01/2007)
2D.1905 Regional office locations (Effective 12/01/2005)
2D.1906 Delegation to county governments (Effective 12/01/2005)
2D.1907 Multiple violations arising from a single episode (Effective
07/01/2007)

SECTION .2000--TRANSPORTATION CONFORMITY

2D.2001 Purpose, scope and applicability (Effective 12/01/2005)
2D.2002 Definitions (Effective 04/01/1999)
2D.2003 Transportation conformity determination (Effective 04/01/
1999)
2D.2004 Determining transportation-related emissions (Effective 04/
01/1999)
2D.2005 Memorandum of agreement (Effective 04/01/1999)

SECTION .2100--RISK MANAGEMENT PROGRAM

2D.2101 Applicability (Effective 07/01/2000)
2D.2102 Definitions (Effective 07/01/2000)
2D.2103 Requirements (Effective 07/01/2000)
2D.2104 Implementation (Effective 07/01/2000)

SECTION .2200--SPECIAL ORDERS

2D.2201 Purpose (Effective 04/01/2004)
2D.2202 Definitions (Effective 04/01/2004)
2D.2203 Public notice (Effective 04/01/2004)
2D.2204 Final action on consent orders (Effective 04/01/2004)
2D.2205 Notification of right to contest special orders issued
without (Effective 04/01/2004)

SECTION .2300--BANKING EMISSION REDUCTION CREDITS

2D.2301 Purpose (Effective 12/01/2005)
2D.2302 Definitions (Effective 12/01/2005)
2D.2303 Applicability and eligibility (Effective 07/01/2007)
2D.2304 Qualification of emission reduction credits (Effective 12/
01/2005)
2D.2305 Creating and banking emission reduction credits (Effective
12/01/2005)
2D.2306 Duration of emission reduction credits (Effective 12/01/
2005)
2D.2307 Use of emission reduction credits (Effective 12/01/2005)
2D.2308 Certificates and registry (Effective 12/01/2005)
2D.2309 Transferring emission reduction credits (Effective 12/01/
2005)
2D.2310 Revocation and changes of emission reduction credits
(Effective 12/01/2005)
2D.2311 Monitoring (Effective 12/01/2005)

SECTION .2400--CLEAN AIR INTERSTATE RULES

2D.2401 Purpose and applicability (Effective 05/01/2008)
2D.2402 Definitions (Effective 05/01/2008)
2D.2403 Nitrogen oxide emissions (Effective 05/01/2008)
2D.2404 Sulfur dioxide (Effective 05/01/2008)
2D.2405 Nitrogen oxide emissions during ozone season (Effective 05/
01/2008)
2D.2406 Permitting (Effective 07/01/2006)
2D.2407 Monitoring, reporting, and recordkeeping (Effective 05/01/
2008)
2D.2408 Trading program and banking (Effective 07/01/2006)
2D.2409 Designated representative (Effective 05/01/2008)
2D.2410 Computation of time (Effective 07/01/2006)
2D.2411 Opt-in provisions (Effective 07/01/2006)
2D.2412 New unit growth (Effective 05/01/2008)
2D.2413 Periodic review and reallocations (Effective 07/01/2006)

SECTION .2500--MERCURY RULES FOR ELECTRIC GENERATORS

2D.2501 Purpose and applicability (Effective 01/01/2007)
2D.2502 Definitions (Effective 01/01/2007)
2D.2503 Mercury emission (Effective 01/01/2007)
2D.2504 Permitting (Effective 01/01/2007)
2D.2505 Monitoring, Reporting, and Recordkeeping (Effective 01/01/
2007)
2D.2506 Designated representative (Effective 01/01/2007)
2D.2507 Computation of time periods shall be determined as described
in 40 CFR 60.4107 (Effective 01/01/2007)
2D.2508 New source growth (Effective 01/01/2007)
2D.2509 Periodic review and reallocations (Effective 01/01/2007)
2D.2510 Trading program and banking (Effective 01/01/2007)
2D.2511 Mercury emission limits (Effective 01/01/2007)

SECTION .2600--SOURCE TESTING

2D.2601 Purpose and scope (Effective 06/01/2008)
2D.2602 General provisions on test methods and procedures (Effective
07/01/2008)
2D.2603 Testing protocol (Effective 07/01/2008)
2D.2604 Number of test points (Effective 06/01/2008)
2D.2605 Velocity and volume flow rate (Effective 06/01/2008)
2D.2606 Molecular weight (Effective 06/01/2008)
2D.2607 Determination of moisture content (Effective 06/01/2008)
2D.2608 Number of runs and compliance determination (Effective 06/
01/2008)
2D.2609 Particulate testing methods (Effective 06/01/2008)
2D.2610 Opacity (Effective 06/01/2008)
2D.2611 Sulfur dioxide testing methods (Effective 06/01/2008)
2D.2612 Nitrogen oxide testing methods (Effective 06/01/2008)
2D.2613 Volatile organic compound testing methods (Effective 06/01/
2008)
2D.2614 Determination of VOC emission control system efficiency
(Effective 06/01/2008)
2D.2615 Determination of leak tightness and vapor leaks (Effective
06/01/2008)
2D.2616 Fluorides (Effective 06/01/2008)
2D.2617 Total reduced sulfur (Effective 06/01/2008)
2D.2618 Mercury (Effective 06/01/2008)
2D.2619 Arsenic, beryllium, cadmium, hexavalent chromium (Effective
06/01/2008)
2D.2620 Dioxins and furans (Effective 06/01/2008)
2D.2621 Determination of fuel heat content using f-factor (Effective
06/01/2008)

SUBCHAPTER 02Q--AIR QUALITY PERMITS PROCEDURES

SECTION .0100--GENERAL PROVISIONS

2Q.0101 Required air quality permits (Effective 12/01/2005)
2Q.0102 Activities exempted from permit requirements (Effective 07/
01/2007)
2Q.0103 Definitions (Effective 12/01/2005)
2Q.0104 Where to obtain and file permit applications (Effective 08/
01/2002)
2Q.0105 Copies of referenced documents (Effective 12/01/2005)
2Q.0106 Incorporation by reference (Effective 07/01/1994)
2Q.0107 Confidential information (Effective 04/01/1999)
2Q.0108 Delegation of authority (Effective 07/01/1998)
2Q.0109 Compliance schedule for previously exempted activities
(Effective 04/01/2001)
2Q.0110 Retention of permit at permitted facility (Effective 07/01/
1994)
2Q.0111 Applicability determinations (Effective 07/01/1994)
2Q.0112 Applications requiring professional engineer seal (Effective
02/01/1995)
2Q.0113 Notification in areas without zoning (Effective 04/01/2004)

SECTION .0200--PERMIT FEES

2Q.0201 Applicability (Effective 07/01/1998)
2Q.0202 Definitions (Effective 04/01/2004)
2Q.0203 Permit and application fees (Effective 03/01/2008)
2Q.0204 Inflation adjustment (Effective 03/01/2008)
2Q.0205 Other adjustments (Effective 07/01/1994)
2Q.0206 Payment of fees (Effective 07/01/1994)
2Q.0207 Annual emissions reporting (Effective 07/01/2007)

SECTION .0300--CONSTRUCTION AND OPERATION PERMITS

2Q.0301 Applicability (Effective 12/01/2005)
2Q.0302 Facilities not likely to contravene demonstration (Effective
07/01/1998)
2Q.0303 Definitions (Effective 07/01/1994)
2Q.0304 Applications (Effective 12/01/2005)
2Q.0305 Application submittal content (Effective 12/01/2005)
2Q.0306 Permits requiring public participation (Effective 07/01/
2007)
2Q.0307 Public participation procedures (Effective 07/01/1998)
2Q.0308 Final action on permit applications (Effective 07/01/1994)
2Q.0309 Termination, modification and revocation of permits
(Effective 07/01/1999)
2Q.0310 Permitting of numerous similar facilities (Effective 07/01/
1994)
2Q.0311 Permitting of facilities at multiple temporary sites
(Effective 07/01/1996)
2Q.0312 Application processing schedule (Effective 07/01/1998)
2Q.0313 Expedited application processing schedule (Effective 07/01/
1998)
2Q.0314 General permit requirements (Effective 07/01/1999)
2Q.0315 Synthetic minor facilities (Effective 07/01/1999)
2Q.0316 Administrative permit amendments (Effective 04/01/2001)
2Q.0317 Avoidance conditions (Effective 04/01/2001)
2Q.0401 Purpose and applicability (Effective 04/01/2001)
2Q.0402 Acid rain permitting procedures (Effective 04/01/1999)

SECTION .0500--TITLE V PROCEDURES

2Q.0501 Purpose of section and requirement for a permit (Effective
07/01/1998)
2Q.0502 Applicability (Effective 07/01/2000)
2Q.0503 Definitions (Effective 01/01/2007)
2Q.0504 Option for obtaining construction and operation permit
(Effective 07/01/1994)
2Q.0505 Application submittal content (Effective 04/01/2004)
2Q.0507 Application (Effective 04/01/2004)
2Q.0508 Permit content (Effective 08/01/2008)
2Q.0509 Permitting of numerous similar facilities (Effective 07/01/
1994)
2Q.0510 Permitting of facilities at multiple temporary sites
(Effective 07/01/1994)
2Q.0512 Permit shield and application shield (Effective 07/01/1997)
2Q.0513 Permit renewal and expiration (Effective 07/01/1994)
2Q.0514 Administrative permit amendments (Effective 01/01/2007)
2Q.0515 Minor permit modifications (Effective 07/01/1997)
2Q.0516 Significant permit modification (Effective 07/01/1994)
2Q.0517 Reopening for cause (Effective 07/01/1997)
2Q.0518 Final action (Effective 02/01/1995)
2Q.0519 Termination, modification, revocation of permits (Effective
07/01/1994)
2Q.0520 Certification by responsible official (Effective 07/01/1994)
2Q.0521 Public participation (Effective 07/01/1998)
2Q.0522 Review by EPA and affected states (Effective 07/01/1994)
2Q.0523 Changes not requiring permit revisions (Effective 06/01/
2008)
2Q.0524 Ownership change (Effective 07/01/1994)
2Q.0525 Application processing schedule (Effective 07/01/1998)
2Q.0526 112(j) case-by-case MACT procedures (Effective 02/01/2004)
2Q.0527 Expedited application processing schedule (Effective 07/01/
1998)
2Q.0528 112(g) case-by-case MACTt procedures (Effective 07/01/1998)

SECTION .0600--TRANSPORTATION FACILITY PROCEDURES

2Q.0601 Purpose of section and requirement for a permit (Effective
07/01/1994)
2Q.0602 Definitions (Effective 07/01/1994)
2Q.0603 Applications (Effective 02/01/2005)
2Q.0604 Public participation (Effective 07/01/1994)
2Q.0605 Final action on permit applications (Effective 02/01/2005)
2Q.0606 Termination, modification and revocation of permits
(Effective 07/01/1994)
2Q.0607 Application processing schedule (Effective 07/01/1998)

SECTION .0700--TOXIC AIR POLLUTANT PROCEDURES

2Q.0701 Applicability (Effective 02/01/2005)
2Q.0702 Exemptions (Effective 04/01/2005)
2Q.0703 Definitions (Effective 04/01/2001)
2Q.0704 New facilities (Effective 07/01/1998)
2Q.0705 Existing facilities and sic calls (Effective 07/01/1998)
2Q.0706 Modifications (Effective 12/01/2005)
2Q.0707 Previously permitted facilities (Effective 07/01/1998)
2Q.0708 Compliance schedule for previously unknown toxic air
pollutant emissions (Effective 07/01/1998)
2Q.0709 Demonstrations (Effective 02/01/2005)
2Q.0710 Public notice and opportunity for public hearing (Effective
07/01/1998)
2Q.0711 Emission rates requiring a permit (Effective 06/01/2008)
2Q.0712 Calls by the director (Effective 07/01/1998)
2Q.0713 Pollutants with otherwise applicable federal standards or
requirements (Effective 07/01/1998)

SECTION .0800--EXCLUSIONARY RULES

2Q.0801 Purpose and scope (Effective 04/01/1999)
2Q.0802 Gasoline service stations and dispensing facilities
(Effective 08/01/1995)
2Q.0803 Coating, solvent cleaning, graphic arts operations
(Effective 04/01/2001)
2Q.0804 Dry cleaning facilities (Effective 08/01/1995)
2Q.0805 Grain elevators (Effective 04/01/2001)
2Q.0806 Cotton gins (Effective 06/01/2004)
2Q.0807 Emergency generators (Effective 04/01/2001)
2Q.0808 Peak shaving generators (Effective 12/01/2005)
2Q.0809 Concrete batch plants (Effective 06/01/2004)
2Q.0810 Air curtain burners (Effective 12/01/2005)

SECTION .0900--PERMIT EXEMPTIONS

2Q.0901 Purpose and scope (Effective 01/01/2005)
2Q.0902 Portable crushers (Effective 01/01/2005)
2Q.0903 Emergency generators (Effective 06/01/2008)
* * * * *
[FR Doc. E8-26360 Filed 11-4-08; 8:45 am]

BILLING CODE 6560-50-P


Information Collection Request

Supporting Statement for the

8-hour Ozone National Ambient Air Quality Standard Implementation Rule
(Renewal)

EPA ICR # 2236.03

Prepared by:

Office of Air Quality Planning and Standards

Office of Air and Radiation

U.S. Environmental Protection Agency

Research Triangle Park, North Carolina 27711

EPA Information Collection Request for the

8-hour Ozone National Ambient Air Quality Standard Implementation Rule

Table of Contents

Identification of the Renewal Information Collection
Request………page 1

Need for and Use of the
Collection…………………………………...page 3

Non-Duplication, Consultation, and other Collection Criteria………
page 4

Respondents and the Information
Requested…………………………page 7

Information Collected—Agency Activities, Collection Methodology and
Information
Management……………………………………………………..
.…..page 11

Estimating the Burden and Cost of the
Collection……………………page 12

Identification of the Information Collection Request

1(a)	Title of the Information Collection

	The title of the Information Collection Request is 8-hour Ozone
National Ambient Air Quality Standard Implementation Rule (Renewal),
Environmental Protection Agency (EPA) number 2236.03, Office of
Management and Budget (OMB) number 2060-0594.

1(b)	Abstract/Executive Summary

	The Paperwork Reduction Act requires the information found in this
Information Collection Request (ICR) number 2236.03, to assess the
burden (in hours and dollars) of the renewal of the 8-hour Ozone
National Ambient Air Quality Standard Implementation (NAAQS) Rule as
well as the periodic reporting and record keeping necessary to maintain
the rule.  The rule was proposed June 2, 2003 (68 FR 32802) and
promulgated in two Phases:  Phase 1 published April 30, 2004 (69 FR
23951) and Phase 2 published November 29, 2005 (70 FR 71612).  In 2007
Phase 1 was vacated and all designated areas subject to subpart 1, part
D, title I of the CAA were then made subject to subpart 2.
Redesignations of these Former Subpart 1 areas to Subpart 2 Marginal or
Moderate classifications were proposed in 2009 (74 FR 2936).

	The time period covered in this ICR is a three year period from August
1, 2010 through July 31, 2013.  The milestones include the attainment
demonstration, Reasonable Further Progress (RFP) State Implementation
Plan (SIP) submission, and the Reasonable Available Control Technology
(RACT) SIP submission.   However, not all of the milestones and
associated burden and administrative cost estimates apply to areas with
design values in excess of the 8-hour Ozone NAAQS.

Subpart 2 and former Subpart 1 non-attainment areas able to designate in
2010.  These areas have to prepare an attainment demonstration.

Subpart 2 and former Subpart 1 areas with projected attainment after
6-15-09.  These 8-hour non-attainment areas would have to prepare an RFP
SIP submission and an RACT SIP submission.

	The incremental administrative burden for the areas and activities
covered by this ICR is mitigated by 3 factors.

Some states may use some parts of EPA analyses conducted as part of the
Clean Air Interstate Rule (CAIR) and 8-hour Ozone NAAQS Implementation
Rule.  Included in these analyses were emissions projections and air
quality modeling design value predictions and interpolations for 2007,
2009, 2010, etc.

Promulgated federal rules which reduce future emissions of ozone
precursors.  As a consequence:

Some designated non-attainment areas are projected to attain and
maintain the 8-hour Ozone NAAQS without additional state emission
reducing regulations or programs.

Some designated non-attainment areas do not design and adopt additional
state rules to fulfill RFP requirements set forth by the 8-hour Ozone
NAAQS Implementation rule.  The emission reductions associated with
federal emission reducing rules are creditable toward RFP requirements.

Experience with the 1-hour O3 NAAQS.  Twenty-one of the original 26
subpart 2 moderate and above 8-hour non-attainment areas were also
moderate or above for the previous 1-hour Ozone NAAQS.   Hence, there is
familiarity with SIP activities for an Ozone NAAQS.  Furthermore, many
of these areas completed attainment demonstrations and fulfilled RFP and
some RACT obligations for the 1-hour Ozone NAAQS.

	The Agency anticipates additional administrative burden for state
governments and the Agency of 20,000 hours and 2,200 hours,
respectively.  Fifty percent of the hours are expended in the 1st year
with the remainder evenly divided between the 2nd and 3rd years of the
ICR period.  Tribes are not required to conduct attainment
demonstrations or submit RFP or RACT SIPs.

	The present value of the total additional costs for state governments,
the respondents, is estimated at $1.4 million for the 3 year period.
On an equivalent annual basis that is $434,000 per year during the 3
year period of the ICR.

	The present value of the Agency administrative cost burden is estimated
at $156,466 dollars.  This is equivalent to an equal annual stream of
costs of $47,740 per year during the three year period.

Need For and Use of the Collection

2(a)	Need/Authority for the Collection

	Part D of Title I of the Clean Air Act sets forth the plan
(implementation) requirements for areas designated non-attainment with a
promulgated National Ambient Air Quality Standard.  When the Clean Air
Act amendments of 1990 were enacted, the Subpart 2 provisions were
specific to designated non-attainment areas for the 1-hour Ozone NAAQS,
but that standard was revised in 1997.  As a result of litigation and
subsequent court decisions, an implementation framework was developed
for the 8-hour Ozone NAAQS, promulgated in 1997.

	The 8-hour Ozone NAAQS Implementation Rule was issued in two phases:
Phase 1 was published April 30, 2004 and Phase 2 was published November
29, 2005.  When the review and comment periods on the draft and final
federal implementation rules closed, the affected parties could begin to
assess the milestones and begin the planning process.  In 2007 Phase I
was vacated and all areas designated as “Subpart 1” areas were
redesignated in 2009 as either Subpart 2 Marginal or Subpart 2 Moderate
areas.

2(b)	User/Users of the Data

	The data collected from respondents include attainment demonstrations,
RFP SIP submissions, and RACT SIP submissions.  The attainment
demonstrations indicate what emission reductions are necessary to attain
and maintain the 8-hour Ozone NAAQS.  The RFP SIP describes how the RFP
obligation will be met by the affected non-attainment areas as emission
reductions are phased in over time. The RACT SIP identifies the
assessment of present controls on affected sources of emissions to see
if they meet RACT requirements and identifies where additional measures
and emission reduction requirements are required.  The RACT requirements
can be used to meet RFP requirements. And, the RACT and RFP requirements
can be used to satisfy the emission reduction requirements to attain and
maintain the 8-hour Ozone NAAQS.  The similarities between the RACT and
RFP requirements may be reflected in the attainment demonstration.

	The states use the attainment demonstrations, RFP SIP submissions, and
RACT SIP submissions to inform their citizenry, including potentially
regulated entities.  They also use this information and analysis to
fulfill federal obligations under Title I, Subpart D of the Clean Air
Act and the 8-hour Ozone Implementation Rule.

	The potentially regulated entities use this information in assessing
future emission reduction requirements.

	The regional and headquarters EPA use the information as part of their
review of attainment demonstration, RFP SIP, and RACT SIP adequacy.
Emission reducing regulations developed by the states and approved by
the EPA are federally enforceable.

Non-Duplication, Consultations, and Other Collection Criteria

3(a)	Non-Duplication

	There are 3 parts to the information collection for this ICR: the
attainment demonstration, the RFP SIP submission, and the RACT SIP
submission.

	There are other activities covered by existing ICRs which complement
the activities required for the attainment demonstration, RFP SIP
submission, and RACT SIP submission.  One example is the Consolidated
Emissions Reporting Rule.  Salient ICRs and their titles are identified
below.

Requirements for Preparation, Adoption, and Submittal of Implementation
Plans

51.121-51.122  NOx SIP Call………………………………2060-0445

51.160-51.166  New Source
Review.......................…….….2060-0003

51.321-51.323  Air Quality Data Reporting………………..2060-0088

51.353-51.354  Inspection/Maintenance……………………2060-0252

51.365-51.366  Inspection/Maintenance……………………2060-0252

Approval and Promulgation of Implementation Plans

52.21 Prevention of Significant Deterioration…..………….2060-0003

Ambient Air Monitoring Reference and Equivalent Methods

53.4
…………………………………………………………2080-0
005

53.9(f),(h),(i)…………………………………………….…..
2080-0005

53.14………………………………………………………...2
080-0005

53.15
………………………………………………………..2080-00
05

53.16(a)-(d),(f)………………………………………………20
80-0005

Outer Continental Shelf Air Regulations

55.4-55.8
…………………………………………………...2060-0249

55.11-55.14
………………………………………………...2060-0249

Ambient Air Quality Surveillance

58.11-58.14
………………………………………………...2060-0084

58.20-58.23
………………………………………………...2060-0084

58.25-58.28
………………………………………………...2060-0084

58.30-58.31
…………………………………………….…..2060-0084

58.33
………………………………………………………..2060-00
84

58.35
………………………………………………………..2060-00
84

58.40-58.41
………………………………………….……...2060-0084

58.43
………………………………………………………..2060-00
84

58.45
………………………………………………………..2060-00
84

58.50
………………………………………………………..2060-00
84

Determining Conformity of Federal Actions to State or Federal
Implementation Plans

91.150-93.160
………………………………………………2060-0279

	Attainment Demonstration.   The attainment demonstration requirement
appears as 40 CFR 51.908 which implements Clean Air Act subsections
172(c)(1), 182(b)(1)(A), and 182(c)(2)(B).  The attainment demonstration
for the 8-hour Ozone NAAQS is unique and does not duplicate other
implementation plan requirements.  However, the states are encouraged to
build upon related implementation planning processes they used for the
1-hour Ozone NAAQS, regional haze rule, and/or PM NAAQS.   Taking such
steps, where appropriate, may reduce the incremental administrative
burden and enable identification of control strategies that achieve
requisite multi-pollutant environmental progress at a lower cost.

	RFP SIP Submission.  This unique requirement is described in 40 CFR
51.910.  Although the RFP submission does not duplicate other plan
requirements, the RFP submission may complement them.  For example, the
emission reductions associated with the RFP SIP may also demonstrate
attainment.

	The states are encouraged to build upon related analyses for federal
emission reducing rules as well as salient PM NAAQS and regional haze
implementation requirements where appropriate.  Taking such steps may
reduce the incremental administrative burden.   For example, the
temporal and spatial nature of emission reductions associated with the
federal rules may be sufficient to meet the RFP requirements.  Hence,
the need to identify additional emission reductions to meet RFP
requirements may be mitigated in some instances.

	In addition, states are encouraged, where appropriate, to take into
account similar analyses and planning efforts to meet certain PM NAAQS
and regional haze implementation requirements.  Such actions may result
in RFP plans which achieve requisite multi-pollutant environmental
progress at a lower cost.

	RACT SIP Submission.  This unique requirement is described in 40 CFR
51.912 which implements CAA subsections 172(c)(1) 182(b)(2),(c),(d), and
(e).  But, it is related to the Best Available Retrofit Technology
(BART) requirement for the regional haze rule and RACT requirements for
the PM NAAQS implementation rule.  The states are encouraged to take
into account these related requirements and analyses where appropriate.
Taking such steps can reduce administrative burden and foster
achievement of multi-pollutant environmental progress at a lower cost.

3(b)	Public Notice Required Prior to ICR Submission to the Office of
Management and Budget (OMB)

	On April 8, 2010, EPA published a notice announcing its intention to
submit this ICR to the Office of Management and Budget and the
availability of the draft supporting statement.  In that announcement,
EPA sought public comments.  At the end of the 60-day comment period,
EPA has received no public comments.

3(c)	Consultations

	EPA contacted the following respondents to directly solicit comments on
EPA’s proposed ICR renewal: Mr. John Gowins, Kentucky Department of
Environmental Protection, Division of Air Quality; Ms. Laura Booth,
North Carolina Department of the Environment and Natural Resources, Air
Quality Division and Mr. James Capp, Georgia Department of Natural
Resources, Environmental Protection Division, Air Protection Branch.  No
comments were received.

3(d)	Effects of Less Frequent Collection

	The collections under 40 CFR 51.908, 51.910, and 51.912 are necessary
to provide assurances that identified level of emission reductions are
adequate to ensure timely attainment and maintenance of the Ozone NAAQS
while adhering to the mandatory measures and requirements for Subpart 2
non-attainment areas, as well as former Subpart 1 areas.

3(e)	General Guidelines

	This ICR adheres to the guidelines stated in the 1995 Paperwork
Reduction Act, the OMB’s implementing regulations, EPA’s Information
Collection Request Handbook, and other applicable OMB guidance.  The
final 8-hour Ozone NAAQS implementation rule does not require:

reporting more than once a year;

respondents to participate in a statistical survey;

responses to Agency inquiries in less than 30 days;

respondents to receive remuneration for preparation of reports;

records to be kept more than 3 years,and,

manual methods of reporting.

3(f)		Confidentiality

	The information is requested from the states.  To fulfill the
attainment demonstration, RFP SIP submission, and RACT SIP submission
requirements, the states will use emissions levels and control
efficiency data provided by certain facilities in the private and public
sector.   This information is available from a variety of sources.   It
is the assimilation and analysis of that data that is required in the
attainment demonstration, RFP SIP submittal, and the RACT SIP submittal.

	There are 19 non-attainment areas that must prepare an attainment
demonstration as well as submit an RFP and RACT SIP and 17
non-attainment areas that will re-designate before the time period
covered by this ICR begins and will thus only need to prepare
recordkeeping reports.  States should already have information from
emission sources, as facilities should have provided this information to
meet 1-hour SIP requirements, operating permits, and/or emissions
reporting requirements.  Such information does not generally reveal the
details of production processes.   But, to the extent it may, the
affected facilities are protected.   Specifically, the completion of the
emissions and control efficiency information that is confidential,
proprietary, and trade secret is protected from disclosure under the
requirements of subsections 503(e) and 114 (c) of the Clean Air Act.

3(g)		Sensitive Information

	The requested attainment demonstration, RFP SIP submission, and RACT
SIP submission do not include questions whose answers would require
sensitive information.

The Respondents and the Information Requested

4(a)	Respondents and the Non-Attainment areas

	Table 1 lists the states and regional offices affected by the
attainment demonstration, RFP SIP submission, and RACT SIP submission
for the 36 non-attainment areas.  Local, state, and federal agencies are
part of the North American Industrial Classification System code number
924110.

	There are other entities that may be indirectly affected, as they may
comment on the draft submissions before they are forwarded to EPA’s
Regional Offices.  These include potentially regulated entities,
representatives of special interest groups, and individuals.
Consideration of the burden on these entities is beyond the scope of the
Paperwork Reduction Act.

Table 1.  Classifications of 8-Hour Ozone Non-attainment Areas As of
February 02, 2010  (see http://www.epa.gov/air/oaqps/greenbk/gnc.html)

n = area has whole or part county or counties in a previous 1-hr Ozone
nonattainment area (as of June 15, 2005) no longer subject to the 1-hour
standard

m = area has whole or part county or counties in a previous 1-hr Ozone
maintenance area (as of June 15, 2005) no longer subject to the 1-hour
standard

* = area has whole or part county or counties in a CO, PM-10, or PM-2.5
nonattainment or maintenance area or previous 1-hr Ozone nonattainment
or maintenance area (as of June 15, 2005)

The 1-hour ozone standard, as well as designations and classifications
for all 1-hour ozone nonattainment and maintenance areas, have been
revoked except for the Greensboro, NC, Nashville, TN, and Denver, CO
maintenance areas. See   HYPERLINK
"http://www.epa.gov/air/oaqps/greenbk/oindex.html"  details here.

Category/Classification (Attainment Date)

----------------------------------------------------------

SEVERE 17   (June 2021)

    Los Angeles-South Coast Air Basin Area, CA   [n*]

SEVERE 15   (June 2019)

    Houston-Galveston-Brazoria Area, TX

SERIOUS   (June 2013)

    Riverside County (Coachella Valley) Area, CA  [n*]

    Sacramento Metro Area, CA  [n*]

    San Joaquin Valley Area, CA  [n*]

    Ventura County (part) Area, CA

MODERATE   (June 2010)

    Atlanta Area, GA

    Baltimore Area, MD  [n*]

    Baton Rouge Area, LA  [n*]

    Boston-Lawrence-Worcester (E. Mass) Area, MA  [n*]

    Charlotte-Gastonia-Rock Hill Area, NC-SC  [m*]

    Dallas-Fort Worth Area, TX  [n*]

    Greater Connecticut Area, CT  [n*]

    Los Angeles and San Bernardino Cos (W Mojave Desert) Area, CA  [n*]

    New York-N. New Jersey-Long Island Area, CT-NJ-NY  [n*]

    Philadelphia-Wilmington-Atlantic City Area, DE-MD-NJ-PA  [n*]

    Poughkeepsie Area, NY  [n*]

    Springfield (W. Mass) Area, MA  [n*]

    St. Louis Area, IL-MO  [m*]

    Washington Area, DC-MD-VA  [n*]

MARGINAL   (June 2007)

    San Francisco Bay Area, CA  [n*]

FORMER SUBPART 1   (June 2009)

    Allegan County Area, MI  [m*]

    Amador and Calaveras Counties (Central Mountain Counties) Area, CA

    Buffalo-Niagara Falls Area, NY  [n*]

    Chico Area, CA  [n*]

    Denver-Boulder-Greeley-Ft. Collins-Love. Area, CO

    Essex County (Whitefact Mtn.) Area, NY  [n*]

    Jamestown Area, NY

    Kern County (Eastern Kern) Area, CA  [m*]

    Las Vegas Area, NV  [*]

    Mariposa and Tuolumne Cos (Southern Mountain Counties) Area, CA

    Nevada County (Western part) Area, CA

    Phoenix-Mesa Area, AZ  [m*]

    Pittsburgh-Beaver Valley Area, PA  [m*]

    San Diego Area, CA  [m*]

    Sutter County (part) (Sutter Buttes) Area, CA  [n*]

	As indicated in Table 1, some areas have non-attainment area segments
in more than one state.  Furthermore, sometimes these multi-state areas
span more than 1 EPA Region.  For example, the
Philadelphia-Wilmington-Atlantic City non-attainment area encompasses
part of Pennsylvania, Maryland, Delaware and New Jersey.
Pennsylvania, Maryland and Delaware are in EPA Region 3 jurisdiction,
while New Jersey is in EPA Region 2 jurisdiction.   This could increase
the administrative burden of the attainment demonstration, RFP SIP
submission, and RACT SIP submission.

	The numbers of non-attainment areas or parts of areas in each state and
the associated EPA Regional Office are presented in Table 2.  There are
36 non-attainment areas resulting in 39 total areas that are affected by
proposed designations.  These were derived from the January 16, 2009
information at:   HYPERLINK
"http://www.epa.gov/air/oaqps/greenbk/gncs.html"
http://www.epa.gov/air/oaqps/greenbk/gncs.html .  The numbers of areas
predicted to be in attainment were derived by looking at air quality
model simulation results.

Table 2.  The Numbers of Non-Attainment Areas or Parts of Areas in Each
State

State or District	No. of Areas or Parts of Areas	EPA Region	No. of
Subpart 1 Areas  	No. of Subpart 2 Moderate Areas 	No. of Subpart 2
Serious Areas 	No. of Subpart 2 Severe-15 Areas 	No. of Subpart 2
Severe-17 Areas

Arizona	1	9	1	0	0	0	0

California	13	9	7	1	4	0	1

Colorado	1	8	1	0	0	0	0

Connecticut	2	1	0	2	0	0	0

Delaware	1	3	0	1	0	0	0

District of Columbia	1	3	0	1	0	0	0

Georgia	1	4	0	1	0	0	0

Illinois	1	5	0	1	0	0	0

Louisiana	1	6	0	1	0	0	0

Maryland	3	3	0	3	0	0	0

Massachusetts	1	1	0	1	0	0	0

Michigan	1	5	1	0	0	0	0

Missouri	1	7	0	1	0	0	0

Nevada	1	9	1	0	0	0	0

New Jersey	2	2	0	2	0	0	0

New York	1	2	0	1	0	0	0

North Carolina	1	4	0	1	0	0	0

Pennsylvania	2	4	1	1	0	0	0

South Carolina	1	4	0	1	0	0	0

Texas	2	6	0	1	0	1	0

Virginia	1	3	0	1	0	0	0

Total	  =SUM(ABOVE)  39

  =SUM(ABOVE)  12 	  =SUM(ABOVE)  21 	  =SUM(ABOVE)  4 	  =SUM(ABOVE)  1
	  =SUM(ABOVE)  1

4(b)	Information Requested

	The information requested under this ICR is prescribed by 40 CFR 51.908
(attainment demonstration), 51.910 (RFP SIP Submission), and 51.912
(RACT SIP Submission).  The implementation framework set forth in the
regulation does not adopt a “one-size-fits all” approach to meeting
the attainment demonstration or RFP and RACT SIP submissions.   This
additional flexibility enables the states to customize, to the extent
allowed by the Clean Air Act, their approach to attaining and
maintaining the 8-hour Ozone NAAQS.

	Data Items.   The emissions and control efficiency data required for
the attainment demonstration, RFP SIP submission, and RACT SIP
submission should have been collected as a result of reporting
activities required by other OMB approved ICRs.  For example, see the
ICR associated with the Consolidated Emissions Reporting Rule:
HYPERLINK "http://www.epa.gov/ttn/chief/cerr/index.html"
http://www.epa.gov/ttn/chief/cerr/index.html .  In addition, air
pollutant concentration data is covered already by ICR 0940-22, OMB
Control Number 2060-0084; the New Source Review provisions are covered
by ICR 1230.23, OMB Control Number 2060-003; and the Reformulated
Gasoline Requirements are covered ICR 1951.24, OMB Control Number
2060-0277.

	There may be other data that the states use.   For example, states may
identify economic and population growth rates, federal rules that reduce
future emissions of ozone precursors, and meteorological data.   These
data are presently available.

	Respondents’ Activities.  The states have compiled data, set forth
the methodology, conducted analyses, developed initial drafts, held
hearings, adopted rules, regulations, and programs, had discussions with
EPA staff as appropriate, refined the draft demonstration and RFP and
RACT SIP submissions as appropriate, adopted the SIP, and forwarded to
EPA. These submitted data and activities have informed EPA’s
designations for this renewal ICR.

	Agency Activities.  EPA staff in the regional offices may facilitate
timely receipt of the attainment demonstration, RFP SIP submission, and
RACT submission by reviewing materials and answering questions from the
states regarding:   requirements, potential data sources, analysis
tools, the draft attainment demonstration and other submissions. The EPA
Regional Offices will evaluate the SIP submissions and take rulemaking
actions to approve or disapprove the SIP revisions.

	EPA headquarters staff will facilitate information flow amongst the
regions and states to foster timely attainment of acceptable
demonstrations and SIP submissions.

	Reporting Protocols.  The dates for the submissions are set forth in
the final implementation rule (40 CFR 51.508, 51.910, and 51.912).

The Information Collected—Agency Activities, Collection Methodology,
and Information Management

5(a)	States, EPA Regional Offices, and EPA Headquarters Offices

	States:  The states agencies’ activities include:

Forecast baseline emissions, develop and evaluate emission reduction
strategies where warranted, conduct air quality modeling to verify
maintenance and attainment of the 8-hour Ozone NAAQS

Calculate the emission reductions necessary to fulfill RFP requirement,
determine creditable emission reductions, where necessary determine
additional emission reductions and compliance timing to meet RFP
requirement.  Draft findings, hold state hearings, make revisions as
warranted.  Submit RFP SIP to EPA Regional office.  Have discussions
with EPA.

Identify RACT applicable sources and their control measures under
baseline and attainment conditions; and evaluate alternatives.  Draft
findings, hold state hearings, make revisions as warranted.  Submit RACT
SIP to EPA Regional Office.  Have discussions with EPA.

	EPA Regional Offices.  The regional office activities include:

Answering inquiries put forth by the states.

Reviewing data, analysis, and findings of attainment demonstration, RFP
SIP and RACT SIP.

Rulemaking actions approving or disapproving the SIP submissions

	EPA Headquarters.   The EPA headquarters office activities include:

Facilitating information flow and problem solving amongst the regions
regarding demonstrations and submittals from the states

Answering questions regarding application and interpretation of salient
rule provisions.

5(b)	Collection Methodology and Management

	The attainment demonstration and the RFP and RACT SIP submittals will
set forth the data sources and analytical methods, as well as the
emission reduction and air quality improvement verification procedures.

5(c)	Small Entity Flexibility

	For an approved ICR, the Agency must demonstrate that it has taken all
practical steps to develop separate and simplified requirements for
small businesses and other small entities.  See 5 CFR 1320.6(h).  The
8-hour Ozone NAAQS implementation regulation does not provide a direct
administrative burden on small entities.

5(d)	Collection Schedule

	During the period from August 1, 2010 through July 31, 2013, there are
three sets of scheduled deliverables: attainment demonstration; RFP SIP
submission; and RACT SIP submission.

	Attainment Demonstration.   The demonstration submission date is June
15, 2010 for Subpart 2 designated non-attainment areas which are
classified as moderate and above and for Former Subpart 1 areas that
have been redesignated as either marginal and had not yet attained by
the June 15, 2007 deadline, or as moderate.

	RFP SIP Submission.   The RFP SIP submission date is June 15, 2013 for
former Subpart 1 re-designated as moderate.  However, Subpart 1 areas
that demonstrate attainment as expeditiously as practicable but no more
than 5 years following designation meet RFP.  Subpart 2 designated
non-attainment areas which are classified as moderate or above, have
June 15, 2013 as their RFP SIP submission date.

	RACT SIP Submission.  For Former Subpart 1 designated non-attainment
areas   which demonstrate attainment as expeditiously as practicable,
but no later than 5 years following designation, RACT is met.  For
Former Subpart 1 areas having an attainment date of more than 5 years,
the RACT SIP submission date is June 15, 2010.  For Subpart 2 designated
non-attainment areas which are classified as moderate or above, the RACT
SIP submission date is September 15, 2010.

Estimating the Burden of the Collection

	This section provides information on the cost and hours associated with
the information collection for both the respondents (the affected
states) and the Agency (regional and headquarters offices).  Hours and
costs are presented for the activities associated with each collection
item for a non-attainment area (or segment) in a given state, as well as
the equivalent annual and present value numbers.

6(a)	Estimating Respondent Burden

	The estimated respondent burden is that associated with the activities
which result in the attainment demonstration, RFP SIP submission, and
RACT SIP submission.

	The estimated burden is incremental to that required by other EPA
environmental reporting obligations.  The incremental burden for some
areas may be less than for others.   There are several reasons for this
disparity.

The severity of the non-attainment problem varies among the designated
areas.

Certain areas or parts of areas may already have developed and
implemented RACT requirements.

Some areas may have future predicted 8-hour ozone design values which
demonstrate attainment in expeditious and practicable fashion, within 5
years of designation, under baseline conditions.

Some areas may fulfill the RFP requirement as a result of creditable
emission reductions resulting from federal rules that reduce ozone
precursor emissions.

	Non-attainment Areas.   The Subpart 1 non-attainment areas definition
was vacated in 2007 after the publication of the 8-hour ozone NAAQS.
Reclassifications of these areas were proposed and published in the
Federal Register on January 16, 2009 (74 FR 2936).  As of this ICR, six
of the former Subpart 1 areas have submitted redesignation requests and
two areas have published clean data sets and are in attainment.

	There are 36 Subpart 2 and Former Subpart 1 areas.  As a starting point
for developing burden estimates, the Agency looked at the total hours
expended in related EPA level of effort work assignments, exclusive of
the air quality modeling.  The total was about 300 hours in level of
technical effort for areas that plan to redesignate before the 2010
redesignations, 500 hours in technical effort for Former Subpart 1 areas
where the SIPs must be corrected for new classification, 300 hours for
SIP corrections after 1-year attainment date extensions have been
granted, and 1000 hours for SIP corrections by moderate or above
non-attaining areas and areas whose original designation had been
escalated.  The potential scope of that effort was geographically broad
including all non-attainment areas outside AZ, CA, and NV.  Examples of
the specific scope of the effort included:

Design of lower cost control strategies

Examination of alternative emission reduction targets and geographic
areas (e.g., staying in state but going up to 100km for VOC emissions
reductions and up to 200km for NOx emission reductions for some
non-attainment areas)

Assessment of RFP requirements for certain non-attainment areas

Assessment of RACT if there was not a previous requirement

Differences in cost, emission reductions, economic, and energy impacts
looking at alternative frameworks for Phases 1 and 2 of the
Implementation Rule.

	Most of these areas have met previous RACT requirements.  Also, many of
these areas had RFP plans in place for the 1-hour Ozone NAAQS.
Furthermore, for some of these areas, the RFP requirement is met or
reduced because of creditable emission reductions resulting from federal
rules reducing emissions of volatile organic compounds (VOCs) and/or
nitrogen oxides (NOx).   These activities are related to but do not
precisely mimic the incremental activities undertaken by a state to
fulfill the attainment demonstration including the reasonably available
control measure analysis as well as the RACT SIP, and RFP SIP
submissions for a given non-attainment area.

	Most of this estimated burden would be incurred in the first year.
This is because of the overlap of emission reductions associated with
the attainment demonstration, RACT requirements and the RFP
requirements.  For example, emission reductions resulting from RACT may
be creditable toward attainment and RFP.  Furthermore, for areas which
are projected to meet the standard by 2010, that demonstration fulfills
the RACT and RFP requirements.  The presumed allocation of total
incremental burden across time is 50% in year 1, 25% in year 2, and 25%
in year 3.  The estimated incremental burden for the non-attainment
areas is presented in Table 3.

	Seventeen of these areas intend to redesignate before the 2010
designations are final, and thus an estimated amount of incremental
burden for these areas is 300 hours per state.  Eight areas must correct
their SIPs after a new classification was granted and 500 hours per
state has been allocated per state.  Four areas must correct their SIPs
after a one-year attainment date extension has been given, and an
estimated burden of 300 hours per state has been allocated to these
areas as well.  Finally, seven areas are required to correct their SIPS
for moderate areas that have since been redesignated at a higher
nonattainment level (such as serious, severe-15, etc.).

Table 3.  Estimated Incremental Burden for the States Attainment
Demonstration, RACT SIP Submission, and RFP SIP Submission.

State	EPA Region	No. of Areas or Parts of Areas	Additional Hours  Year 1
Additional Hours  Year 2	Additional

Hours Year 3

Arizona	9	1	150	75	75

California	9	13	4,550	2,275	2,275

Colorado	8	1	150	75	75

Connecticut	1	2	300	150	150

Delaware	3	1	150	75	75

District of Columbia	3	1	150	75	75

Georgia	4	1	500	250	250

Illinois	5	1	150	75	75

Louisiana	6	1	150	75	75

Maryland	3	3	450	225	225

Massachusetts	1	1	300	150	150

Michigan	5	1	150	75	75

Missouri	7	1	150	75	75

Nevada	9	1	250	125	125

New Jersey	2	2	300	150	150

New York	2	1	750	375	375

North Carolina	4	1	150	75	75

Pennsylvania	3	2	300	150	150

South Carolina	4	1	150	75	75

Texas	6	2	650	325	325

Virginia	3	1	150	75	75

Total	N/A	  =SUM(ABOVE)  39 	  =SUM(ABOVE)  10,000 	  =SUM(ABOVE)  5,000
	  =SUM(ABOVE)  5,000

6(b)	Estimating Respondent Cost

	Labor costs are estimated for state governments using the total of
projected additional hours for the Former Subpart 1 and Subpart 2 areas.
 These estimates do not reflect staff experience and economies of scale.
 The hourly rates are the result of estimated directed and indirect cost
per employee.   The main source of the information is   HYPERLINK
"http://www.opm.gov/oca/payrates/index.htm"
http://www.opm.gov/oca/payrates/index.htm

	The estimated weighted direct salary cost per employee is $41.20 per
hour.   This results from a summation of the professional, managerial,
and support staff components.

Hourly equivalent 2009 Salary of Permanent Professional Staff at GS 11,
Step 3 is $33.34.   This is the average of hourly equivalent rates for
the San Francisco, CA and Washington, D.C. areas.

To account for permanent managerial staff, 1/11 or 9% of the hourly rate
for GS 13, Step 3 is added to the professional staff hourly rates.  The
average hourly equivalent rate for GS-13 using rates for San Francisco,
CA and Washington, D.C. is $47.51.   Nine percent of that is $4.32.

To account for permanent support staff at GS-6, Step 6, 1/8 or 16% of
the hourly rate is added to the professional staff hourly rates.   The
average hourly equivalent rate for GS-6, Step 6 using rates for San
Francisco, CA and Washington, D.C. is $22.17.  Sixteen percent of that
is $3.55.

	The estimated hourly indirect cost per employee is $23.90.  This amount
is the sum of the following:

Benefits at 16% of the weighted direct hourly equivalent salary cost per
employee or $6.59.

Sick and annual leave at 10% of the weighted direct hourly equivalent
salary cost per employee or $4.12.

General overhead at 32% of the weighed direct hourly equivalent salary
cost per employee or $13.18.

	The estimated total weighted direct and indirect hourly equivalent
salary cost per employee is $65.10.  The estimated total incremental
respondent burden for the attainment demonstration, RACT SIP submittal,
and RFP SIP submittal is provided in Table 4.

Table 4.  Estimated Total Incremental Cost and Hour Burden for the
States (Respondents) to Fulfill the Attainment Demonstration, RACT SIP
Submittal, and RFP SIP Submittal Requirements.

Areas	Additional Cost for Year 1	Additional Cost for Year 2	Additional
Cost for Year 3	Burden for the 3 year ICR period

Former Subpart 1 areas	$198,555	$99,277	$ 99,277	6,100 hours

Subpart 2 areas	$452,445	$226,223	$226,223	13,900 hours

Total	  =SUM(ABOVE) \# "$###,###"  $651,000 	  =SUM(ABOVE) \# "$###,###"
 $325,500 	  =SUM(ABOVE) \# "$###,###"  $325,500 	20,000 hours

6(c)	Estimating Agency Burden and Cost

	The estimated agency burden is derived from the estimates for the
respondents.  Draft estimates were developed by the headquarters staff
with review by regional office staff and subsequent refinement of the
Agency burden and cost estimates.

	The respondent burden was summed by EPA regional offices and a
percentage was applied to the yearly burden estimate to reflect the
actions taken on the part of the regional offices.   Once yearly burdens
were estimated for the Agency’s Regional Offices, a percentage of
those amounts are specified to derive estimates for the Agency’s
Headquarters Office Burdens.  Discussions were held with Regional Office
and Headquarters staff regarding the percentages and resulting burden
estimates.

	Agency Regional Office Burden.  Table 5 summarizes total incremental
respondent burden by Regional Office and provides estimates of total
incremental Agency Regional Office burden.   The summary of total
incremental respondent burden comes from Tables 3 and 4.  The Agency
Regional Office burden is presumed to be 10% of the estimated total
incremental burden for respondent by EPA Regional Office.   The total
incremental burden allocation for the Agency Regional Offices in Table 5
is 50% in year 1, 25% in year 2, and 25% in year 3.

	In discussions with Agency Regional Office staff, they indicated that
the total incremental burden estimates were ballpark.  However, some
regional office staff felt that a more reasonable allocation of total
incremental Agency Regional Office burden would be 37.5% in year 1,
37.5% in year 2, and 25% in year 3.   If that allocation were used, the
corresponding Agency Regional Office burden estimates in years 1, 2, and
3 would be 750; 750; and, 500 respectively.

Table 5.  Estimated Agency Regional Office Burden Derived by Taking 10%
of Regional Respondent Burden Total for Years 1, 2, and 3

EPA Regional Office	Year 1 Respondents’ Burden	Year 1 Agency Reg.
Office  Burden	Year 2 Agency Reg. Office Burden	Year 3 Agency Reg Office
Burden

1	 1,200 	60	30	30

2	 2,100 	105	52.5	52.5

3	 2,400 	120	60	60

4	 1,600 	80	40	40

5	 600 	30	15	15

6	 1,600 	80	40	40

7	 300 	15	7.5	7.5

8	 300 	15	7.5	7.5

9	 9,900 	495	247.5	247.5

Total	  =SUM(ABOVE)  20,000 	1,000	  =SUM(ABOVE)  500 	  =SUM(ABOVE)
500

	Agency Headquarters Burden.  The Regional Office burden estimates for
years 1, 2, and 3 are multiplied by 10% to arrive at an estimate for
Headquarters burden for the same 3 years.  Resulting hours for years 1,
2, and 3 are 100, 50, and 50, respectively.

	Total Incremental Burden for the Agency.   The regional and
headquarters office burden estimate for year 1 is 1,100 hours.   The
estimates for years 2 and 3 are 550 hours each year.

	Total Cost for the Agency.  Using the weighted direct and indirect
salary equivalent hour rate derived in section 6(b), the total
incremental burden hours are multiplied by that rate.   The result is
the total cost estimate for the Agency; see Table 6.

Table 6.  Total Cost Estimate for the Agency

Entity	Year 1	Year 2	Year 3

Regional Office	$65,100	$32,550	$32,550

Headquarters Office	$6,510	$3,255	$3,255

Total Agency Cost	  =SUM(ABOVE) \# "$###,###"  $ 71,610 	  =SUM(ABOVE)
\# "$###,###"  $ 35,805 	  =SUM(ABOVE) \# "$###,###"  $ 35,805

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

	Title I of the Clean Air Act of 1990 provided a classification system
for 1-hour Ozone NAAQS non-attainment areas along with prescribed
programs and measures for those areas.  In essence, there was no
incremental administrative burden associated with the implementation of
the 1-hour standard associated with discretionary action on the part of
the Agency.   However, with the promulgation of the 8-hour Ozone NAAQS,
the non-attainment designations, and the finalization of Phases 1 and 2
of the Ozone Implementation rule, the Office of Management and Budget
believed there were there were additional administrative burdens by the
Agency.   This ICR attempts to develop estimates of the incremental
burden resulting from the transition from a 1-hour to an 8-hour form of
the standard.

	The major set of respondents is the states, as they have over 90% of
the estimated additional burden.  There is also burden imposed on the
Regional and Headquarters Offices of the Agency.   Because of the
overlap in work for the attainment demonstration, RACT SIP submittal,
and RFP SIP submittal, most of the cost will be incurred in year 1 of
the 3 year period covered by this ICR.   In the Agency’s roles as
facilitator, compiler, reviewer, and preparer, the estimated burden for
the Agency is also expected to be greater in the 1st year than in the
2nd or 3rd years.

	The total incremental respondent universe burden and cost estimates are
presented in Table 7.

Table 7.  Total Incremental Respondent & Agency Universe Burden and Cost
Estimates

Entity	Average Yearly Burden	3-Year Burden Hours	Present Value of Costs
for 3-Year Burden

States	6,667	20,000	$1.4 million

Agency	 733	 2,200	$ 0.16 million

Total	  =SUM(ABOVE)  7,400 	  =SUM(ABOVE)  22,200 	$1.6 million

*The estimates are in current year (2009) dollars.  Costs for years 2
and 3 are calculated using the equation Present Value = Future Value/ (1
+ interest rate)t ,where “t” is the number of years hence (i.e., 0
for year 1, 1 for year 2, 2 for year 3).  The adjusted values for years
1, 2, and 3 are then summed.

6(e)	Reason for Change in Burden

We are requesting a decrease in burden of 278,666 hours due to the
following factors:

The number of non-attainment areas has decreased as areas have come into
compliance with the standards

The burden associated with the remaining non-attainment areas is less
because of the work they have done previously to comply with the
standards.

	The estimates have been calculated using 2009 dollars and some
assumptions regarding overhead, O&M costs, and capital costs have been
adjusted to meet current guidelines and common procedures for preparing
ICRs.

6(f)	Burden Statement

	The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 171 hours per
response.  Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency.  This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.  However, as stated in the November 29, 2005 Federal
Register Notice for the 8-hour Ozone Implementation Rule on page 71,693,
“... the failure to have an approved ICR for this rule does not affect
the statutory obligation for the States to submit SIPs as required under
part D of the CAA.”  The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OAR-2003-0079, which is available for online viewing at
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the Air and Radiation Docket in the EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington,
D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays.  The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air and Radiation Docket is<PHONE_NUMBER>.  An
electronic version of the public docket is available at
www.regulations.gov.  This site can be used to submit or view public
comments, access the index listing of the contents of the public docket,
and to access those documents in the public docket that are available
electronically.  When in the system, select “search,” then key in
the Docket ID Number identified above.  Also, you can send comments to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk
Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-OAR-2003-0079 and OMB Control Number 2060-0594 in any
correspondence.

PART B

	This section is not applicable because statistical methods are not used
in data collection associated with the proposed rule.

 Section 51.905(c) and (d), (published in the phase 1 8-hour ozone
implementation rule (69 FR at 23998, April 30, 2004)) set forth
requirements for anti-backsliding purposes for areas designated
attainment for the 8-hour standard.  These provisions require these
areas to submit a 10-year maintenance plan under section 110(a)(1) of
the Clean Air Act (CAA or Act) if they also were a non-attainment area,
or an attainment/unclassifiable area with a section 175A maintenance
plan, under the 1-hour ozone standard.  For purposes of this ICR, 8-hour
attainment areas that were designated nonattainment for the 1-hour
standard immediately prior to 8-hour designation are presumed to have
the same burden that they would have if we did not revoke the 1-hour
standard and the area attained the standard and developed a 10 year
maintenance plan for redesignation to attainment of the 1-hour standard.
 In addition, 8-hour attainment areas that  had section 175A maintenance
plans under the 1-hour standard immediately prior to 8-hour designation
are presumed to have the same burden they would have if we did not
revoke the 1-hour standard and the area had to develop its second
10-year maintenance plan under section 175A of the Act. In either case,
there would also be a public hearing on the projections.  We did not
prepare an ICR for the section 51.905(c) and (d) section 110(a)(1)
maintenance plan requirement.  This requirement was issued under the
Phase 1 final 8-hour Ozone NAAQS implementation rule.  The preamble to
that rule states that the preparation of an ICR is not warranted.

 Attainment demonstrations as well as RFP and RACT SIP submissions are
viewed as analytical products to some; but are regulations to others.
In the context of the Paperwork Reduction Act, the attainment
demonstration and RFP and RACT SIP submissions are considered data.

 However, the states may choose to retain the information for more than
3 years.

 However, the states must still submit their attainment demonstration,
RFP SIP, and RACT SIP.

   HYPERLINK "http://www.census.gov/naics"  http://www.census.gov/naics
 Code number 924110 includes “administration of air & water resources
& solid waste management programs

  In some instances, there are local air pollution control districts
within the states.   These local agencies work in partnership with the
states to facilitate accomplishment of the activities noted below.

 EPA Contract No.  68-D-00-283; Work Assignments 3-53 and 4-66.

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