                             SUPPORTING STATEMENT
                                    FOR THE
                            PART 70 STATE OPERATING
                                PERMITS PROGRAM

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

                     Review Draft for First Comment Period
                                  April, 2015

                             SUPPORTING STATEMENT
                                    FOR THE
                            PART 70 STATE OPERATING
                                PERMITS PROGRAM

                               TABLE OF CONTENTS

                                                                           Page
LIST OF TABLES	iv
1.	IDENTIFICATION OF THE INFORMATION COLLECTION	1
1(a)	Title of the Information Collection Request (ICR)	1
1(b)	Short Characterization/Abstract	1
2.	NEED FOR AND USE OF THE COLLECTION	1
2(a)	Need/Authority for the Collection	1
2(b)	Practical Utility/Users of the Data	1
2(c)	Caveats and Considerations	2
3.	NON-DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA	2
3(a)	Non-Duplication	2
3(b)	Public Notice Required Prior to ICR Submission to OMB	2
3(c)	Consultations	2
3(d)	Effects of Less Frequent Collection	3
3(e)	General Guidelines	3
3(f)	Confidentiality	3
3(g)	Sensitive Questions	3
4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	3
4(a)	Respondents/ Standard Industrial Classification (SIC) Codes	3
4(b)	Information Requested	4
4(b)(i) Data items, including recordkeeping requirements	4
4(b)(ii) Respondent activities	4
5.	THE INFORMATION COLLECTED  -  AGENCY ACTIVITIES, COLLECTION METHODOLOGY AND INFORMATION MANAGEMENT	6
5(a)	Agency Activities	6
5(b)	Collection Methodology and Management	6
5(c)	Small Entity Flexibility	7
5(d)	Collection Schedule	7
6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION	8
6(a)	Estimating Respondent Burden	8
6(b)	Estimating Respondent Costs	9
6(b)(i)	Estimating Labor Costs	9
6(b)(ii)	Estimating Capital and Operating and Maintenance (O&M) Costs	11
6(b)(iii)	Capital/Start-up vs. O&M Costs	11
6(b)(iv)	Annualizing Capital Costs	12
6(c)	Estimating Agency Burden and Cost	12
6(d)	Estimating the Respondent Universe and Total Burden and Costs	13
6(e) 	Bottom Line Burden Hours and Cost Tables	16
6(e)(i) Respondent Tally	16
6(e)(ii) The Agency Tally	17
6(e)(iii) Variations in the Annual Bottom Line	18
6(g) Burden Statement	19
ATTACHMENT 1	21
ASSUMPTIONS FOR PART 70 ICR RENEWAL	21
ATTACHMENT 2	25
ADJUSTMENTS TO BASELINE BURDEN TO ACCOUNT FOR GHG TAILORING RULE AND FLEXIBLE AIR PERMITTING RULE BURDEN	25
ATTACHMENT 3	29
TITLE V OF THE CLEAN AIR ACT, THE STATUTORY REQUIREMENTS FOR THE RESPONDENT INFORMATION	29

                                LIST OF TABLES

                                                                          	Page

Table 1.	Average Source Burden by Activity	8

Table 2.	Average Permitting Authority Burden by Activity	9

Table 3.	Average EPA Burden by Activity	12

Table 4.	Burden and Cost of EPA Activities	13

Table 5.	 Identification of Affected Entities and Permit Issuance Schedule	14

Table 6.	Burden and Cost of Source Activities	15

Table 7.	Burden and Cost of Permitting Authority Activities	16

Table 8.	Bottom Line Average Annual Respondent Burden (Hours)	17

Table 9.	Bottom Line Average Annual Respondent Cost (2014$)	17

Table 10.	Bottom Line Average Annual EPA Burden and Cost	17

Table 11.	Burden Change from 2012 ICR to Current ICR (Hours)	18

Table 12.	Burden Statement (Hours)	19

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

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

This analysis is titled: "Supporting Statement for the Part 70 State Operating Permits Program." It fulfills the U.S. Environmental Protection Agency's (EPA's) requirements under the Paperwork Reduction Act (PRA) to determine, report and periodically update the regulatory burden associated with the Operating Permits Program, codified in 40 CFR part 70. This report has been assigned EPA tracking number 1587.12. The Office of Management and Budget (OMB) control number for this ICR is 2060-0243.

1(b)	Short Characterization/Abstract

This ICR renewal covers state, local and tribal (state) air quality operating permitting programs under 40 CFR part 70 (part 70), as authorized under Title V of the Clean Air Act (CAA or the Act) for the period of November 1, 2015 through October 31, 2018. Part 70 requires states to issue operating permits to all sources that fall under any CAA definition of "major source" and certain other non-major sources that are subject to federal air quality regulations. In general, part 70 requires subject sources to submit initial permit applications and renewal applications every 5 years, conduct monitoring, recordkeeping and reporting as required by the permit and apply for permit modifications, as necessary. States are responsible for processing permit applications (for initial permits, renewals and modifications), for issuing the permits and for conducting all implementation activities related to the permits. The role of the EPA is primarily one of oversight of state permitting authorities and review of state operating permits.

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

In implementing title V of the Act and the EPA's part 70 operating permit regulations, state and local permitting authorities must develop programs and submit them to the EPA for approval (CAA section 502(d)). Sources subject to the program must prepare operating permit applications and submit them to the permitting authority within 1 year after approval of the program by the EPA (section 503). Permitting authorities will then issue permits (section 503(c)) and thereafter enforce, revise and renew those permits at no more than 5-year intervals (section 502(b)(5)). Permit applications and proposed permits will be provided to, and are subject to review by, the EPA (section 505(a)). The permit and all information submitted by a source shall be available for public review except for confidential information which will be protected from disclosure (section 503(e)) and the public shall be given public notice of, and an opportunity for comment on, permit actions (section 502(b)(6)). Sources will submit monitoring reports semiannually and compliance certification reports annually, to the permitting authorities (section 503(b)(2)). The EPA has the responsibility to oversee implementation of the program (section 502(c)). Sections 502 through 504 of title V of the Act are included in Attachment 2.

2(b)	Practical Utility/Users of the Data

The burden estimates included in this ICR include the total burden of implementing the part 70 Operating Permits Program for the 3-year period covered by this renewal ICR (November 1, 2015 through October 31, 2018). To carry out the activities of the program (listed above in section 1(b)), permitting authorities must obtain the required information from sources subject to the program and they must then carry out their functions (e.g., permit issuance, renewal and revision and report review) based on the information.

2(c)	Caveats and Considerations

The information included in this ICR is based upon the best data sources available to the Agency at this time. However, inconsistencies in permitting authority reporting techniques, incomplete data sets and certain other data limitations necessitated a certain amount of extrapolation and "best-guess" estimations by permitting authority and EPA experts. Consequently, the reader should not consider the conclusions to be an exact representation of the level of burden or cost that will occur during the 3 years of this ICR.

Throughout this ICR, the reader will observe estimated values that show accuracy to the single hour or dollar. Because this ICR estimates the expected impact of the part 70 Operating Permits Program, reporting values at the single unit level may be misleading. In most situations, the proper way to present estimated data would be to determine an appropriate level of precision and truncate values accordingly, usually in terms of thousands or millions of units. For instance, a spreadsheet-generated estimation of $5,456,295 would be presented in the text as $5.5 (millions) or $5,456 (thousands). One problem with such an approach is the loss of data richness when the report contains a mixture of very large and very small numbers. Such was the case with this ICR, where source values are consistently in the millions and federal values in the tens of thousands. Consequently, to avoid the loss of information through rounding, this ICR reports all values at the single unit level and reminds the reader that there is no implied precision inherent in this style of reporting.

3.	NON-DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA

3(a)	Non-Duplication

While much of the information requested under this ICR existed prior to the creation of the part 70 Operating Permits Program, an operating permit is a compilation of existing requirements; the purpose being to bring all requirements applicable to a source into one document. The intent of this compilation is to (1) resolve any questions of applicability at the time of permit issuance, (2) provide certainty to sources as to their obligations and (3) provide the public access to a source's obligations and compliance status. The Agency has no leeway to not require such previously existing information under this ICR since consolidation of the information into the operating permit and providing public access is the whole purpose of the statute. To the extent that similar information was previously collected (e.g., state permits under state implementation plans), the part 70 program may replace those activities thus avoiding duplication of efforts.

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

[To be updated after the first Federal Register Notice for the ICR renewal is published mid-2015.]

3(c)	Consultations

For the purposes of the updating the ICR renewal and drafting the supporting statement, the EPA relied on the latest information on the number of sources subject to the program and the number of permits issued, provided by the EPA Regional Offices, which is based on information gathered from the state and local permitting agencies. Also, we intend to reach out to the National Association of Clean Air Agencies (NACAA), as we have in the past, for input on the burden estimates for specific activities under this renewal ICR. For purposes of this ICR renewal, the EPA continues to rely on the burden estimates we used for the 2012 ICR renewal until we complete our consultation with NACAA, expected prior to the publication of the second ICR notice. In addition to these consultations, the EPA is always working to reduce the burden associated with Part 70. Currently, the EPA is considering a rulemaking to address the removal of mandatory newspaper notice requirements in Title V permit programs and add alternative broadcasting venues for public notice including electronic notice (e-notice) of air permit actions.

3(d)	Effects of Less Frequent Collection

In general, the information collections included in this ICR are one-time submittals per activity (e.g., permit application, permit issuance and permit revision). Exceptions are deviation reports that must be submitted at least semiannually, the semiannual monitoring data report and the annual compliance certification. These reports are required by sections 503(b)(1) and (2), respectively, of the Act, and the EPA has no leeway to require less frequent reporting. Also see section 5(d) of this supporting statement for more information on information collection schedules for this ICR.

3(e)	General Guidelines

Part 70 requires retention of all monitoring data and support information and all permit applications, proposed permits and final permit records for a period of 5 years to match the 5-year general statute of limitations that applies to violations under the Act. (See 40 CFR 70.6(a)(3)(ii)(B).)

3(f)	Confidentiality

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

3(g)	Sensitive Questions

The consideration of sensitive questions (i.e., sexual, religious, personal or other private matters) is not applicable to the part 70 Operating Permits Program. The information gathered for purposes of establishing a part 70 permit for a source do not include personal data on any owner or operator.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

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

Respondents to this information collection come from two groups: permitting authorities and sources required to obtain operating permits.

All states are required by title V to develop a part 70 operating permits program. In many instances, local agencies administer a program in their jurisdictions in lieu of the state and are thereby subject to the same program requirements as states. In total, there are 116 state, territorial and local agencies administering operating permits programs.

Under title V, all major stationary sources must obtain an operating permit. Some non-major sources may also be subject to the program if they are subject to a federal standard such as a New Source Performance Standard (NSPS) pursuant to section 111 of the Act or a National Emissions Standard for Hazardous Air Pollutants (NESHAP) pursuant to section 112 of the Act. Some of these sources have been exempted from the program. Information provided to the EPA by permitting authorities indicates that 15,480 sources are now subject to the program, representing more than 500 SIC codes. Additional information (including SIC codes) for major sources subject to title V may be found by accessing the following web page: http://www.epa.gov/compliance/resources/publications/data/systems/air/afsmajorsources.pdf.

4(b)	Information Requested

All activities associated with the part 70 Operating Permits Program are considered information collection activities and are reflected in the ICR for part 70. Following are lists of the data items submitted by sources and permitting authorities and program activities performed by permitting authorities and sources.

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

 Permitting Authorities (submitted to the EPA)
   * Applications for initial permits, permit revisions and permit renewals
   * Draft/proposed permits, permit revisions or permit renewals
   * Final permit
   * Annual report of enforcement activities

 Sources (submitted to permitting authority)
   * Application for initial permits, permit revisions and permit renewals
   * Deviation reports that must be filed no less often than semiannually
   * Semiannual monitoring report
   * Annual compliance certification report

4(b)(ii) Respondent activities

                        PERMITTING AUTHORITY ACTIVITIES

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

                               SOURCE ACTIVITIES

   * Permit application preparation, including internal meetings, permitting authority discussions, management and legal department involvement, responsible official certification and contractor services.
   * Draft permit development: Interaction with the permitting authority on draft permit development.
   * Gap-filling monitoring development: Development of "periodic" monitoring or reporting, where necessary.
   * Operate gap-filling periodic monitoring: Operation of monitoring equipment and the taking and keeping of records, where necessary.
   * Monitoring reports: Preparing deviation and semiannual monitoring data reports and annual compliance certifications, including data analysis, responsible official certification and report submission.
   * Permit revisions: Preparing applications for revisions.
   * Permit renewal: Preparing permit renewal applications.
   * Other activities associated with permit renewal, including discussions with permitting authority and public hearing participation.

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

5(a)	Agency Activities

 The EPA's activities under the program are as follows:

   * Review proposed permits and permit revisions to determine if they provide for compliance with all applicable requirements.
   * Review monitoring provisions of proposed permits or permit revisions to see if they contain applicable requirements or to add periodic monitoring if needed.
   * Consult with the permitting authority on any problems detected in the proposed permit or permit revision including interaction related to fact finding on permit petitions.
   * Program oversight including review of program changes, review annual reports of enforcement activities, program evaluation, issuing notices of deficiency, development of formal EPA responses to public petitions and applying sanctions to states, as appropriate.

5(b)	Collection Methodology and Management

The EPA will receive proposed permits or permit revisions in hard copy or electronically, depending on permitting authority capability. Each EPA Regional Office has determined with its permitting authorities the most efficient system to exchange information. Each Regional Office maintains files of permit information only to the extent that the office determines the need for file retention. This will vary depending on factors such as the source (e.g., large, complicated sources vs. small), the type of permit (general vs. single-source permits), the number of actions occurring at a source or the record of the source with respect to compliance. There is no need for the EPA to maintain complete files of permit actions for public access since these are maintained by permitting authorities.

5(c)	Small Entity Flexibility

Title V provides few ways to mitigate the effects of operating permit regulations on small entities. Under section 502(a) of the Act, the Agency has exempted or deferred applicability of title V for those non-major source categories for which compliance with title V will be impractical, infeasible or unnecessarily burdensome. The EPA decides whether to exercise its discretion to exempt area sources on a case-by-case basis at the time each NSPS or NESHAP is promulgated, which is an on-going process. The Agency has not analyzed how many of these non-major sources will be small businesses, but believes that a large percentage may fall under that definition.

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

Even though the part 70 Operating Permits Program is not anticipated to have an adverse impact on a significant number of small businesses, measures are in place to assist in those incidental exceptions. Implementation of small business stationary source technical and environmental compliance assistance programs at the federal and state levels, as called for in section 507 of the Act, can reduce the reporting burden of small entities that are subject to part 70 permitting. These programs may significantly alleviate the economic burden on small sources by establishing:  (1) programs to assist small businesses with determining what CAA requirements apply to their sources and when they apply, and (2) guidance on alternative control technology and pollution prevention for small businesses.

5(d)	Collection Schedule

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

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

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

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	Estimating Respondent Burden

Certain of the assumptions in Tables 1 and 2 have been revised since the 2012 ICR renewal to account for the effects of Flexible Air Permits rule (FAP) and the Greenhouse Gas (GHG) Tailoring rule, which affected the burdens of the part 70 permitting rules. The burdens of the Tailoring and FAP rules were accounted for in the 2012 renewal in tables that were separate from the tables used to account for all other burdens. For this ICR renewal we are incorporating all burdens into a single set of burden assumptions. Attachment 2 includes a detailed explanation of how the changes in burden assumptions for tables 1 and 2 were determined.

                  Table 1. Average Source Burden by Activity

           Table 2. Average Permitting Authority Burden by Activity

6(b)	Estimating Respondent Costs

6(b)(i)	Estimating Labor Costs

In order to improve the accuracy of burden estimates, this ICR renewal updates the respondent labor rates to values in 2014 dollars based on recent publications by the Bureau of Labor Statistics (BLS). In recent ICR renewals, we updated the labor rate for sources using the BLS Employment Cost Index (ECI) applied to the rate used in the previous renewal. However, we could no longer reproduce the methodology used to derive the source labor rate in the original ICR for the program, and the value used in the most recent renewal appeared to be unrealistically low. For permitting authorities, in recent ICR renewals we used the same labor rate that we calculated for the EPA based on federal wage tables. For this ICR renewal we have changed the methodology for permitting authorities, as discussed further below.

The labor rate used to calculate sources' labor cost for this ICR renewal is $65.00 per hour. This source labor rate was calculated on the assumption that, while most of the labor for sources will be performed by Environmental Engineers, approximately 50 percent of the labor hours expended for two of the activities listed above in Table 1 will be carried out by Environmental Engineering Technicians. Specifically, we assumed that Environmental Engineering Technicians will expend half of the labor hours to "Operate Gap-filling Monitoring" and "Prepare Monitoring Reports."

To derive this composite labor rate, we obtained the mean hourly wage for Environmental Engineers of $41.12 from the most recent BLS Occupational Employment Statistics, which gives wages as of May 2013. Similarly, we obtained the May 2013 mean hourly wage for Environmental Engineering Technicians of $23.64. In each case, we escalated the hourly wages to December 2014 using the BLS ECI for private industry workers, resulting in hourly wages of $42.05 for Environmental Engineers and hourly wages of $24.18 for Environmental Engineering Technicians. An example escalation calculation for Environmental Engineers is as follows:

WageDec2014=WageMay2013xECIDec2014ECIDec2013

WageDec2014=$41.12x121.8119.1=$42.05

We then calculated a weighted average hourly wage for sources using the total hours projected for sources over the 3 years of this ICR, as shown later in this document in Table 6, apportioned between Environmental Engineers and Environmental Engineering Technicians as discussed above. This calculation results in a weighted average hourly wage of $36.06. Finally, to determine the total labor rate, we assumed an 80 percent factor to account for benefits and overhead, which we believe to be representative. The resultant rate was rounded to the nearest dollar, yielding $65.00 per hour in 2014 dollars. This labor rate was applied to all source burden hours to calculate the sources' labor costs.

The updated labor rate used for permitting authority respondents in this ICR renewal of $56.00 per hour was determined similarly. For permitting authorities, we assumed that permit engineers are all Environmental Engineers, but experience tells us that these positions are typically filled by younger engineers, early in their careers. For this reason, we selected the 25[th] percentile hourly wage of $30.25 for Environmental Engineers from the same recent BLS Occupational Employment Statistics publication that we used for sources. We escalated this May 2013 hourly wage to December 2014 as discussed above using the ECI for state and local government workers, resulting in hourly wages of $30.84. As above, we assumed an 80 percent factor to account for benefits and overhead and rounded the resultant rate to the nearest dollar, yielding $56.00 per hour in 2014 dollars.

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

The EPA believes that sources will incur little or no capital cost to comply with part 70 requirements. Even if a part 70 permit applicant is a brand new company and the prospective source is a "greenfield" source (the EPA estimates less than 1 percent of sources fit that description) most, and perhaps all, of the equipment needed to prepare permit applications (for example, the computers and basic software) will be part of the source's business operation inventory. Monitoring can require capital expenditures for new sources or new operations at existing sources, but these expenditures generally are accounted for in the ICRs for the applicable requirements under which they are required (e.g., NSPS or NESHAP). The one exception to this is the part 70 requirement to develop and operate gap-filling monitoring to assure compliance with applicable requirements in certain, limited situations where the applicable requirements themselves do not require adequate monitoring. However, such gap-filling monitoring typically consists of periodically monitoring and recording operating conditions or other parameters that the source already monitors for operational purposes. Thus, we believe that capital costs are negligible for sources.

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

Since the purchase of capital equipment is believed to be an insignificant factor under part 70, the EPA assumes the operation, maintenance or services for same are negligible. Further, once a permit is issued, there is minimal O&M cost associated with it. It remains unaltered unless it must be revised, and such revisions are accounted for as burden hours in section 6(a) above. As noted previously, part 70 requires sources to submit deviation reports, semiannual reports of monitoring and annual compliance certification reports, but these reports generally are coordinated with similar reports that are required under the source's applicable requirements. The O&M costs (e.g., photocopying and postage) for the reports required under the applicable requirements are included in the ICRs for those rules, and we believe that it would constitute double counting to include such costs here as well. In addition, electronic reporting by sources is increasingly prevalent, with no associated O&M costs. Accordingly, we include no O&M costs in this ICR for sources. For parallel reasons, we believe that O&M costs for permitting authorities will be minimal, and none are included in this ICR.

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

Capital/start-up and O&M costs are non-labor related costs. One-time capital/start-up costs are incurred with the purchase of durable goods needed to provide information. According to the PRA, capital/start-up cost should include, among other items, preparations for collecting information such as purchasing computers and software, monitoring, sampling, drilling and testing equipment. As a practical matter, most these costs are not typical of the costs associated with preparing a part 70 permit application. As discussed in the previous section, we believe that the gap-filling monitoring required of some sources under part 70 will not involve capital spending. For the same reason, the O&M costs associated with start-up capital equipment are zero for this ICR. In addition, we believe that overlapping reporting accounted for in other ICRs and electronic reporting result in zero O&M costs for this ICR.

6(b)(iv)	Annualizing Capital Costs

Typically, annualized capital cost would be derived from a discounted net present value of the stream of capital costs that would occur over the life of the permit, or the ICR, whichever is shorter. However, in the case of the part 70 Operating Permits Program, there are only labor costs for preparing and processing permit applications, conducting gap-filling monitoring, and preparing and reviewing reports. Labor costs are expensed when incurred and not amortized. Therefore, the annualized capital costs for this program are zero.

6(c)	Estimating Agency Burden and Cost

The estimated burden associated with the each of the activities listed above in section 5(a) for the EPA is presented below in Table 3. The majority of the activities in Table 3 remain unchanged from the 2012 ICR renewal. One of the burden assumptions "Resolving issues in Significant Mod." has changed to reflect the consolidation of burden assumptions that were included in separate tables in the previous ICR renewal (related to the Tailoring rule). A detailed explanation for the change is shown in Attachment 2.

                    Table 3. Average EPA Burden by Activity

The estimated EPA labor rate for this ICR is $53.00 per hour. The rate reflects the assumption that the EPA personnel overseeing the part 70 Operating Permits Program are classified as Grade 12, Step 5. The corresponding salary is loaded with benefits at the standard rate of 60 percent.

The burden and costs for EPA activities are presented below in Table 4. The table lists the burden categories, the number of estimated permits or programs involved, and the expected cost for each, based on the burden estimations from Table 3. As seen in the table, the annual average burden to the EPA is estimated at 31,544 hours at a cost of $1,671,828.
                  Table 4. Burden and Cost of EPA Activities

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

There are 116 permitting authorities acting within the United States for the purposes of the part 70 Operating Permits Program. Forty-nine states operate as permitting authorities, with California employing 35 local air quality districts in lieu of a statewide permitting authority. Puerto Rico, the Virgin Islands and Washington D.C. all have operating permits programs. There are 28 local permitting authorities within states that operate in a manner similar to that of California. Also, there is one tribal government, the Southern Ute Indian Tribe that has been granted authority to operate as a part 70 permitting authority since the 2012 renewal of the ICR.

For the renewal ICR, based on the most recent data available to the Agency, we assume that by November 1, 2015, the beginning of year 1 of the analysis, there will be 15,480 part 70 sources subject to permitting under part 70, 15,119 of which have already received permits, representing a backlog of 361 sources. We consider sources who have not yet received initial permits to be in the backlog if the deadline for the permitting authority to act on the application has passed and a permit has not been issued. Also, between November 1, 2015, and October 31, 2018, the EPA estimates that 300 new permits (100 permits/year) and 361 backlogged permits (about 120 permits/year) will be issued fo ran overall increase of 661 permits over the 3-year period of the analysis (about 220 new permits/year). Thus, by the end of the period covered by this analysis, the EPA estimates there will be a total of 15,780 issued permits. Table 5 summarizes the number of permitting authorities and the number of permits to be issued during the period of this ICR renewal.

  Table 5. Identification of Affected Entities and Permit Issuance Schedule

An example of regulatory relief incorporated into the operating permits program is the general permit, which allows large numbers of homogenous major sources of pollution to receive the same permit. This program has been successful in allowing approximately 16 percent of all part 70 sources a cost-effective alternative to single-source permitting. The EPA estimates that by November 1, 2015, (when the period of this ICR begins), the total population of part 70 sources will have grown to 15,480, and that 16 percent of these permitted sources (2,400 sources) will have received general permits. Because general permits are typically relatively easy to issue, the Agency assumes that all existing sources eligible for general permits will have received them by November 2015 and that none of the 361 backlogged sources will be issued general permits during the 3 years of this ICR. We further assume that none of the estimated 300 newly subject sources will receive general permits during the period of this ICR.

Data collected by the EPA suggests a renewal backlog of 3,084 permits as of November 2015. These permits will need to be renewed during the 3-year ICR period in order to eliminate the backlog. Additional permits will become subject to renewal during the ICR period because their initial or previous renewal permits are expiring. Thus, the total number of permits projected to be renewed during the ICR period is 12,157. The EPA assumes that the total number of permits to be renewed in each year of the ICR will be one third of the backlog plus whatever permits would normally come up for review because their permits are at the end of their 5-year term, or 3,024 per year. This analysis also assumes that 84 percent of renewal permits will be issued as single-source permits and 16 percent as general permits.

Table 6 lists the burden categories for respondent sources, the number of estimated occurrences for each item and the expected cost for each, based on the burden estimations from Table 1. Table 7 lists the burden categories for respondent permitting authorities, the expected number of permits or programs involved and the expected cost for each, based on the burden estimations from Table 2.
                 Table 6. Burden and Cost of Source Activities

          Table 7. Burden and Cost of Permitting Authority Activities

6(e) 	Bottom Line Burden Hours and Cost Tables

The burden and costs associated with part 70 are shown above in Tables 6 and 7 for sources and permitting authorities, respectively. The burden and costs incurred by the EPA in its oversight role is discussed above in section 6(c). A detailed explanation for the reduction of EPA burden associated with "Resolving issues in Significant Mod." is shown in Attachment 2.

6(e)(i) Respondent Tally

Table 8 and 9 show the bottom line average annual burden and cost, respectively, for the source and permitting authority respondents under this ICR renewal for implementation of the part 70 Operating Permits Program between November 2015 and October 2018. Of the 5 million hours the Agency anticipates it will take to perform all the functions required by title V, about 80 percent of the burden applies to sources. However, the magnitude of the total expected burden can be misleading, due to the number of permitted sources

Permitting authorities incur the remaining 20 percent of the burden in Table 8 and 9, with the total burden spread between a significantly smaller number of entities than for sources. On average, the Agency estimates the permitting authority burden associated with the part 70 Operating Permits Program will be about 9,080 hours per year. However, for some permitting authorities with relatively fewer sources (Connecticut, Wyoming, etc.), this average burden will exceed their actual burden; and, for permitting authorities with more than the average number of sources (Louisiana, Texas, etc.), the average burden will be too low. A better measure of the effect of title V regulations on permitting authorities would be to divide the total estimated hours by the number of operating permits. On average, each permitting authority can expect to spend about 67 hours per year managing and overseeing each permit in its jurisdiction, at a cost of approximately $3,738 per permit. However, this cost cannot be considered an Unfunded Mandate from the federal government, because the net cost to permitting authorities for their management of an operating permits program must, by law, be passed on to sources in the form of permit fees of sufficient magnitude to fully offset all permit management costs. Therefore, the true annual cost to permitting authorities under title V is zero, and the true annual cost to sources is $267,511,378, or approximately $16,953 per permit.

         Table 8. Bottom Line Average Annual Respondent Burden (Hours)

          Table 9. Bottom Line Average Annual Respondent Cost (2014$)

6(e)(ii) The Agency Tally

Table 3 above displays the activities undertaken by the federal government (EPA) for the part 70 program. Section 6(c) gives the derivation of hourly costs for the EPA, and Table 4 gives expected burden and costs (in 2015 dollars) for the EPA. In Table 10 we show the calculation of the average annual burden and cost for the EPA.

           Table 10. Bottom Line Average Annual EPA Burden and Cost

As can be seen from Table 10, the bottom line burden incurred by the EPA for the part 70 Operating Permits Program is estimated to be about 31,544  hours and $1,671,828 per year. This total represents approximately 2 hours and $106 per source.

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

The annual burden is not expected to change significantly from year to year over the 3 years covered by this ICR renewal. However, the burden is expected to increase incrementally each year as the number of permitted sources increases by about 2.5 percent per year.

6(f) Reasons for Change in Burden

Table 11 compares the burden on respondents in the 2012 ICR with the burden in this ICR renewal. The approved burden level in the 2012 ICR renewal was about 3,977,316 hours per year for sources and 1,336,370 burden hours per year for permitting authorities, for a total of about 5,313,686 hours. This ICR renewal estimates total annual source burden at 4,115,560 burden hours per year for sources and 1,053,255 burden hours per year for permitting authorities, for a total of 5,168,815 hours. This change in burden from the previous ICR renewal is primarily due to updated estimates of the number of sources and permits subject to the part 70 programs, rather than any new federal mandates (i.e., changes in paperwork requirements for respondents). There are several reasons for the changes in estimates in this ICR renewal compared to the previous ICR renewal. The 2012 ICR renewal overestimated the number of sources that would be permitted by the end of that ICR period. We calculated that there would be 15,940 permitted sources by October 2015, but the data we have supports that the actual number of permitted sources was 15,119.

         Table 11. Burden Change from 2012 ICR to Current ICR (Hours)

In addition, as discussed in section 6(b)(i), we recalculated the cost of labor for sources and permitting authorities for this ICR renewal. While not affecting the burden in terms of hours, this resulted in a significant increase in the dollar-per-hour rate assumed for sources and permitting authorities. As a result of this change, the estimated cost of labor for this ICR increased by about $90 million per year for sources and $11 million per year for permitting authorities despite the decrease in burden hours for these respondents.

For the EPA, the estimated burden level in the 2012 ICR renewal was about 36,500 hours per year, which we estimate will increase to about 31,544  hours per year over the 3 years of this ICR renewal. Based on the projected decrease in burden hours and the dollar-per-hour rate for EPA labor, we estimate that the cost to the federal government of the part 70 program will decrease by about $270,000.

6(g) Burden Statement

As previously noted, it is impractical to attempt to delineate burden by respondent and activity due to the large number of respondents, the variation in the circumstances for each respondent, and the varied nature of the activities of the program. Following in Table 12 is the apportioned burden for each type of respondent. This is derived from the total permitting authority hourly burden divided by the number of permitting authorities, and similarly for sources.

                      Table 12. Burden Statement (Hours)

For the federal government, the EPA is the only affected entity covered by this ICR. We project an annual burden of 31,544 hours for the EPA, or about 2 hours per source.

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

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, the EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2004-0015, which is available for online viewing at www.regulations.gov, or in-person viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air and Radiation Docket and Information Center is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2004-0015 and OMB Control Number 2060-0243 in any correspondence.

                                 ATTACHMENT 1

                      ASSUMPTIONS FOR PART 70 ICR RENEWAL

 TIME PERIOD OF ICR

 The time period covered by this ICR is November 2015 to October 2018

 SOURCE POPULATION

 Total population of title V sources as of November 2015 = 15,480.
 This ICR projects that 100 new sources will become subject to title V each year increasing the population as follows:
 Source population at the end of ICR year 1 = 15,580
 Source population at the end of ICR year 2 = 15,680
 Source population at the end of ICR year 3 = 15,780

 INITIAL PERMIT ISSUANCE BACKLOG

 The total backlog of existing sources that had not received their initial permits was 361 sources as of November 2015.
 We assume that that all backlogged initial permits will be issued by the end of the ICR period, with 121 issued the first year, 120 the second year, and 120 the third year.

 GENERAL PERMITS

  Assume 16% of existing permits at beginning of ICR period are general permits.
  Assume no new general permits will be issued during period of ICR
  Assume 16% of renewals will be for general permits.

 INITIAL PERMITS ISSUANCE RATE

 Single-source permits are non-general permits.
 There will be 303 backlogged initial single-source permits that will be issued in equal amounts each year of the ICR.
 Source with backlogged permits have already submitted permit applications.
 There will be 252 new single-source permits issued during the ICR (84 per year).
 Initial permits are composed of the new permits issued to new sources and new permits issued to reduce the backlog of sources that have submitted applications but are awaiting permit issuance (300	 new + 361 backlog = 661 initial permits)

 PERMIT APPLICATIONS

 During the period of this ICR, it is assumed that only the new initial sources will submit applications for initial title V permits -- backlogged initial source are assumed to have already prepared and submitted permit applications.

 PERMIT REVISION RATES

 Sources covered by general permits will not apply for permit revisions.
 Permit revisions estimates for any year are based on the number of single-source permits in force at the beginning of the year.
 Significant modifications occur for 10% of existing single-source permits per year.
 Minor permit modifications and administrative amendments occur for 50% of existing single-source permits per year.

 PERMIT RENEWAL

 Both single-source and general permits are renewed but we treat them separately because burdens differ greatly.
 Data indicate permit renewal backlog of 2,590 single-source permits as of November 2015 (permits that are passed their deadline for renewal).
 We assume that equal numbers of backlogged permits renewed each year.
 An additional 2,540 single-source permits will come due for renewal each year on their normal schedule (approximately 1/5 of the universe of permits issued or renewed 5 years previously, due to 5-year permit term).
 Assume 16% of all renewals are general permits and 84% single-source permits.

 OPERATION OF GAP-FILING MONITORING

  We assume operation of such monitoring in 50% of all permits.

 MONITORING AND COMPLIANCE STATUS REPORTS

 These reports are made based on all previously-issued permits (single-source and general), so the permit total at the beginning of each ICR year is used to calculate the number of reports occurring each year.

 PERMITTING AUTHORITY ACTIVITIES

 Program administration, general permits administration, and preparing the enforcement reports occur on a yearly basis.
 All new initial single-source permits (new and backlog) are assumed to go through the activities of permit drafting, public notification, interaction with the EPA, and issuance notifications.
 The activities of public hearings and finalizing draft permits that have public comment is assumed for 2% of new permits.

EPA ACTIVITIES

 The EPA reviews 25% of all new initial permits and consults on 25% of issues on new single-source permits, significant modifications, and minor permit modification.
  The EPA reviews all significant and minor permit modifications to single-source permits.
  The EPA reviews 5% of all single-source permit renewals.
  Program oversight and review of enforcement reports occurs on a yearly basis

FLEXIBLE AIR PERMITS

 See the ICR for the Flexible Air Permits rule (the FAP ICR) for more on the assumptions used in this portion of this ICR.
 All existing tier 1 and 2 FAP permits were issued prior to the beginning of this ICR.
 Tier I FAPs are 5% of all title V existing permits (existing when the ICR period begins or 797 permits).
 No new Tier 1 FAPs expected during ICR period because the EPA assumes that new sources are built and permitted to handle anticipated growth.
 Each Tier I FAP avoids 5 MPM per year and 1 SPM every 5 years.
 Tier 2 FAPs are 10% of all title V existing permits or 1,574 existing permits and 10% of all new permits issued by the end of the ICR period or 119 permits.
 Each Tier 2 FAP avoids 1 MPM per year.

GHG TAILORING RULES

 The burden hour assumptions in this ICR are from the RIA and the ICR change worksheet for the 2010 GHG Tailoring rule.
 Due to the Supreme Court decision in Utility Air Regulatory Group v. EPA, this ICR does not include estimates for Step 2 sources under the Tailoring rule (sources subject to PSD or title V based solely on their GHG emissions)
 All modifications and all renewals for existing single-source permits (non-GHG) will experience a small burden increase to address GHG requirements.
 We assume no general permits will be issued for new GHG sources during the period of this analysis.
 Modifications due to GHG are new modifications to single-source permits that not already accounted for in the baseline analysis. The NSR RIA assumes 915 per year of these.  See Appendix C, table 3.1.
 We assume 80% of renewals that occur during this period will need to address GHG due to combustion-related activities.
 The only additional burden for the EPA is related to review (100%) and consultation (25%) of minor permit modifications (MPM) and significant permit modifications (SPM) due to GHG.

                                 ATTACHMENT 2

ADJUSTMENTS TO BASELINE BURDEN TO ACCOUNT FOR GHG TAILORING RULE AND FLEXIBLE AIR PERMITTING RULE BURDEN

    Adjustments to Baseline Burden to Account for GHG Tailoring rule Burden
   [Based on tables 4-7 and 11-13 of the 2012 Part 70 Supporting Statement]

                                 GHG Activity
                                  Assumptions
                                  Adjustment
Source:
Application  -  Add GHG to non-GHG source
Assume this only applies to PSD "anyway" sources under Tailoring rule (TR).  Assume all new part 70 sources are anyway sources under the TR. The TR ICR assumes incremental burden above baseline burden of 10%.
Increase hours/activity burden assumption for each initial application and initial permit issuance activity by 10% (e.g., "public hearing" changes from 10 hours to 11 hours). This effects the following activities: Draft Permit Interaction, Periodic monitoring development, and Public hearing.
Permitting Authority:
Application  -  Add GHG to non-GHG source
Assume this only applies to PSD "anyway" sources under Tailoring rule (TR).  Assume all new sources are anyway sources. The TR ICR assumes incremental burden above baseline of 10%.
Increase hours/activities burden assumption for each initial application and initial permit issuance activity by 10% (e.g., "public hearing" changes from 100 hours to 110 hours). This effects all activities related to reviewing application, drafting and issuing permit and public process.
Source:
Modification  -  Due to GHG

The TR assumes about 6% of permits every year (18% / 3 years) will need additional mods related to GHGs.  Assume all are significant mods. The baseline assumption of 2012 ICR was that 10 % of existing permits each year undergo an SPM.
Increase the number of SPMs mods each year by an additional 6%.
Note that there are also changes to this percentage related to the Flexible Air Permit (FAP) rule.
Permitting Authority:
Modification  -  Due to GHG

The TR assumes about 6% of permits every year (18% every 3 years) will need additional mods related to GHGs.  Assume all are SPM. The baseline assumption is that 10 % of existing permits each year undergo a SPM.
Increase the number of SPMs each year by an additional 6%.

Note that there are also changes to this percentage related to the Flexible Air Permit (FAP) rule.

Source:
Modification  -  Add GHG to non-GHG permit.
The burden of all SPMs and minor permit modifications (MPM) increases due to considering GHGs. The TR ICR assumes the burden of all mods increases by 4 hours.
Increase the burden/hour assumption for SPMs and MPMs by 4 hours (e.g., "permit revisions, minor" increases from 40 hours to 44 hours).
Permitting Authority:
Modification  -  Add GHG to non-GHG permit.
The burden of all SPMs and MPMs increases due to considering GHGs. The TR ICR assumes the burden of all mods increases by 4 hours.
Increase the burden/hour assumption for SPMs and MPMs by 4 hours (e.g., "permit revisions, minor" increases from 30 hours to 34 hours).
Source:
Add GHG at Renewal
The TR ICR assumes 80% of renewals (for combustion sources) will experience a 10% incremental burden.
Increase the burden/hour assumption for "permit renewal applications" and "Other permit renewal activities" by 8% (e.g., "Permit renewal applic." changes from 200 hours to 216 hours).
Permitting Authority
Add GHG at Renewal
The TR ICR assumes 80% of renewals (for combustion sources) will experience a 10% incremental burden.
Increase the burden/hour assumption for "Renewing permits" by 8% (e.g., "Renewing Permits" changes from 90 hours to 97 hours).
EPA Oversight of Mods due to GHG:
   *  Review Mod Due to GHG
   *  Consult on Mod Due to GHG
This activity involves EPA's role of oversight of part 70 permitting authorities. (See tables 3, 4, 10, and 13 of the 2012 part 70 ICR).  We assume "Mods due to GHG" are SPMs. Table 3 shows the EPA oversight burden as follows:
   * 8 hours/permit to review SPMs,
   * 8 hours/permit to consult on (1/4) of SPMs.

.
EPA Oversight of Part 70 Program / Permits -   Adjustment for GHG TR and for the FAP

As shown elsewhere in this attachment, the net change of the TR and FAP for SPMs is a total 1 % increase in the number of SPMs that occur every year and a 5% increase in the burden hours assumed for such SPM. This result in the following changes:
   * 11% of permits have an SPM / year
   * 8.4 hours/permit to review an SPM,
   * 8.4 hours/permit to consult on (1/4) of SPMs.
Note that these changes in assumptions result in an overall increase in burden of 6% - based on modeling these changes in the 2012 spreadsheet used to calculate burden for the 2012 part 70 ICR.

         Adjustments to Baseline Burden to Account for FAP rule Burden
        [Based on tables 4-10 of the 2012 Part 70 Supporting Statement]

                                 GHG Activity
                                  Assumptions
                                  Adjustment
Sources, Permitting Authorities, and EPA:
Tier 1  -  5 MPM avoided per year
The FAP ICR assumes 5% of sources have a Tier 1 permit. The part 70 ICR assumes 50% of sources get an MPM each year. For the purpose of this analysis, we assume Tier 1 sources will have no future MPMs.
Reduce the number of MPMs that occur each year by 5%. Also see additional reduction of 10% of MPMs due to Tier 2 Permits below. Sources have either a Tier 1 or Tier 2 Permit but not both, so reductions are additive.
Sources, Permitting Authorities, and EPA:
Tier 1  -  1 SPM avoided per year
The FAP ICR assumes 5% of sources have a Tier 1 permit. The part 70 ICR assumes 10% of sources get an SPM each year. For the purpose of this analysis, we assume Tier 1 sources will have no future SPMs.
Reduce the number of SPMs that occur each year by 5%. Note that there is also a 6% increase in SPMs due to the Tailoring rule, with the result being a net 1 percent increase overall for the percentage of SPMs that occur each year (10% +1% = 11%).
Source:
Tier 2  -  New Sources
The FAP ICR assumes 10% of new permits will incorporate Tier 2 provisions, resulting in 60 hours more burden to issue the permit.
Assume 6 hours of added burden for source applications. Revise "Draft Permit" because this activity applies to all new permits. Note that the burden for this activity is also increased by the effects of the tailoring rule.

Adjusted burden: 50 hours/permit (40+4+ 6).
Permitting authority:
Tier 2  -  New Sources
The FAP ICR assumes 10% of new permits will incorporate Tier 2 provisions, resulting in 45 hours more burden to issue the permit.
Assume each new application has 5 hours of added burden for PAs. Revise "Draft Permit Preparation" because this activity applies to all new permits. The burden for this activity is also increased by the effects of the tailoring rule.

Adjusted burden: 170 hrs/permit (150+15 +5).
EPA:
Tier 2  -  New Sources
The FAP ICR assumes 10% of new permits will get a Tier 2 permit, which will result in 8 hours more burden to issue the permit.
Assume each new permit will result in 1 hour of added burden for EPA. Revise "New Permits" under "Review Permit and Revisions."

Adjusted burden is 21 hours per permit.

Sources, Permitting authorities, and EPA:
Tier 2  -  1 MPM avoided per year
The FAP ICR assumes 10% of sources will get a Tier 2 permit. The part 70 ICR assumes 50% of sources get an MPM each year. We assume Tier 2 sources will have no MPMs.
Reduce the number of MPMs that occur each year by 10%. This is in addition to the 5% reduction for Tier 1 permits because no sources is assumed to have both types of FAP permits. The overall result is a net 15% reduction in the percentage of sources that need an MPM each year (50% - 15% = 35%).

                                 ATTACHMENT 3

TITLE V OF THE CLEAN AIR ACT, THE STATUTORY REQUIREMENTS FOR THE RESPONDENT INFORMATION

 SEC. 502. PERMIT PROGRAMS

 	 (a)  Violations.-  After the effective date of any permit program approved or promulgated under  this title, it shall be unlawful for any person to violate any requirement of a permit issued under this title, or to operate an affected source (as provided in title IV), a major source, any other  source (including an area source) subject to standards or regulations under section 111 or 112,  any other source required to have a permit under parts C or D of title I, or any other stationary source in a category designated (in whole or in part) by regulations promulgated by the  Administrator (after notice and public comment) which shall include a finding setting forth the basis for such designation, except in compliance with a permit issued by a permitting authority under this title. (Nothing in this subsection shall be construed to alter the applicable requirements of this Act that a permit be obtained before construction or modification.)  The Administrator may, in the Administrator's discretion and consistent with the applicable provisions of this Act, promulgate regulations to exempt one or more source categories (in whole or in part) from the requirements of this subsection if the Administrator finds that compliance with such requirements is impracticable, infeasible, or unnecessarily burdensome on such categories, except that the Administrator may not exempt any major source from such requirements.
 	(b)  Regulations.-  The Administrator shall promulgate within 12 months after the date of the enactment of the Clean Air Act Amendments of 1990 regulations establishing the minimum elements of a permit program  to be administered by any air pollution control agency. These elements shall include each of the following:
 	(1)  Requirements for permit applications, including a standard application form and criteria for determining in a timely fashion the completeness of applications.
 	(2)  Monitoring and reporting requirements.
 	(3)(A)  A requirement under State or local law or interstate compact that the owner or operator of all sources subject to the requirement to obtain a permit under this title pay an annual fee, or the equivalent over some other period, sufficient to cover all reasonable (direct and indirect) costs required to develop and administer the permit program requirements of this title, including section 507, including the reasonable costs of -
 	(i)  reviewing and acting  upon any application for such a permit,
 	(ii)  if the owner or operator receives a permit for such source, whether before or after the  date of the enactment of the Clean Air Act Amendments of 1990, implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs  associated with any enforcement action),
 	(iii)  emissions and ambient monitoring,
 	(iv)  preparing generally applicable regulations, or guidance,
 	(v)  modeling, analyses, and demonstrations, and
 	(vi)  preparing inventories and tracking emissions.
 	(B) The total amount of fees collected by the permitting authority shall conform to the following requirements:
 	(i)  The Administrator shall not approve a program as meeting the requirements of this  paragraph unless the State demonstrates that, except as otherwise provided in subparagraphs (ii)  through (v) of this  subparagraph, the program will result in the collection, in the aggregate,  from all sources subject to subparagraph (A), of an amount not less than $25 per ton of each regulated pollutant, or such other amount as the Administrator may determine adequately  reflects the reasonable costs of the permit program.
 	(ii)  As used in this subparagraph, the term "regulated pollutant" shall mean (I) a volatile organic compound; (II) each pollutant regulated under section 111 or 112; and (III) each  pollutant for which a national primary ambient air quality standard has been  promulgated (except that carbon monoxide shall be excluded from this reference).
 	(iii)  In determining the amount under clause (i), the permitting authority is not required to include any amount of regulated pollutant emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
 	(iv)  The requirements of clause (i) shall not apply if the permitting authority demonstrates that collecting an amount less than the amount specified under clause (i) will meet the requirements of subparagraph (A).
 	(v)  The fee calculated under clause (i) shall be increased (consistent with the need to cover the reasonable costs authorized by subparagraph (A)) in each year beginning after the year of the enactment of the Clean Air Act Amendments of 1990 by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this clause -
 	(I) the Consumer Price Index for any calendar year is the average of the Consumer Price  Index for all-urban consumers published by the Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year, and
 	(II) the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1989 shall be used.
 	(C)(i)  If the Administrator determines, under subsection (d), that the fee provisions of the operating permit program do not meet the requirements of this paragraph, or if the Administrator makes a determination, under subsection (i), that the permitting authority is not adequately  administering or enforcing an approved fee program, the Administrator may, in addition to taking any other action authorized under this  title, collect reasonable fees from the sources identified under subparagraph (A). Such fees shall be designed solely to cover the Administrator's costs of administering the provisions of the permit program promulgated by the Administrator.
 	(ii) Any source that fails to pay fees lawfully imposed by the Administrator under this subparagraph shall pay a penalty of 50 percent of the fee amount, plus interest on the fee amount computed in accordance with section 6621(a)(2) of the Internal Revenue Code of 1986 (relating  to computation of interest on underpayment of Federal taxes).
 	(iii) Any fees, penalties, and interest collected under this subparagraph shall be deposited in a special fund in the United States Treasury for licensing and other services, which thereafter shall be available for appropriation, to remain available until expended, subject to appropriation, to carry out the Agency's activities for which the fees were collected. Any fee required to be collected by a State, local, or interstate agency under this subsection shall be utilized solely to cover all reasonable (direct and indirect) costs required to support the permit program as set forth in subparagraph (A).
 	(4)  Requirements for adequate personnel and funding to administer the program.
 	(5)  A requirement that the permitting authority have adequate authority to:
 	(A)  issue permits and assure compliance by all sources required to have a permit under  this title with each applicable standard, regulation or requirement under this Act;
 	(B)  issue permits for a fixed term, not to exceed 5 years;
 	(C)  assure that upon  issuance or renewal permits incorporate emission limitations and  other requirements in an applicable implementation plan;
 	(D)  terminate, modify, or revoke and reissue permits for cause;
 	(E)  enforce permits, permit fee requirements, and the requirement to obtain a permit,  including authority to recover civil penalties in a maximum amount of not less than $10,000 per day for each violation, and provide appropriate criminal penalties; and
 	(F) assure that no permit will be issued if the Administrator objects to its issuance in a timely manner under this title.
 	(6)  Adequate, streamlined, and reasonable procedures for expeditiously determining  when applications are complete, for processing such applications, for public notice, including  offering an opportunity for public comment and a hearing, and for expeditious review of permit actions, including applications, renewals, or revisions, and including an opportunity for judicial  review in State court of the final permit action by the applicant, any person who participated in  the public comment process, and any other person who could obtain judicial review of that action under applicable law.
 	(7)  To ensure against unreasonable delay by the permitting authority, adequate authority and procedures to provide that a failure of such permitting authority to act on a permit  application or permit renewal application (in accordance with the time periods specified in section 503 or, as appropriate, title IV) shall be treated as a final permit action solely for  purposes of obtaining judicial review in State court of an action brought by any person referred to in paragraph (6) to require that action be taken by the permitting authority on such application without additional delay.
 	(8) Authority, and reasonable procedures consistent with the need for expeditious action  by the permitting authority on permit applications and related matters, to make available to the public any permit application, compliance plan, permit, and monitoring or compliance report under section 503(e), subject to the provisions of section 114(c) of this Act.
 	(9)  A requirement that the permitting authority, in the case of permits with a term of 3 or more years for major sources, shall require revisions to the permit to incorporate applicable standards and regulations promulgated under this Act after the issuance of such permit. Such revisions shall occur as expeditiously as practicable and consistent with the procedures established under paragraph (6) but not later than 18 months after the promulgation of such standards and regulations. No such revision shall be required if the effective date of the standards or regulations is a date after the expiration of the permit term. Such permit revision shall be treated as a permit renewal if it complies with the requirements of this title regarding renewals.
 	(10) Provisions to allow changes within a permitted facility (or one operating pursuant to section 503(d)) without requiring a permit revision, if the changes are not modifications under  any provision of title I and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions:  Provided, That the facility provides the Administrator and the permitting authority with written notification in advance of the proposed changes which shall be a minimum of 7 days, unless the permitting  authority provides in its regulations a different time frame for emergencies.
 	(c)  Single Permit.-  A single permit may be issued for a facility with multiple sources.
 	(d)  Submission and Approval.-  (1) Not later than 3 years after the date of the enactment  of the Clean Air Act Amendments of 1990, the Governor of each State shall develop and submit to  the Administrator a permit program under State or local law or under an interstate compact meeting the requirements of this title. In addition, the Governor shall submit a legal opinion from the attorney general (or the attorney for those State air pollution control agencies that have independent legal counsel), or from the chief legal officer of an interstate agency, that the laws of the State, locality, or the interstate compact provide adequate authority to carry out the program. Not later than 1 year after receiving a program, and after notice and opportunity for public comment, the Administrator shall approve or disapprove such program, in whole or in part. The Administrator may approve a program to the extent that the program meets the requirements of this Act, including the regulations issued under subsection (b). If the program is disapproved, in whole or in part, the Administrator shall notify the Governor of any revisions or modifications necessary to obtain approval. The Governor shall revise and resubmit the program for review under this section within 180 days after receiving notification.
 	(2)(A)  If the Governor does not submit a program as required under paragraph (1) or if the Administrator disapproves a program submitted by the Governor under paragraph (1), in  whole or in part, the Administrator may, prior to the expiration of the 18-month period referred to in subparagraph (B), in the Administrator's discretion, apply any of the sanctions specified in section 179(b).
 	(B)  If the Governor does not submit a program as required under paragraph (1), or if the  Administrator disapproves any such program submitted by the Governor under paragraph (1), in whole or in part, 18 months after the date required for such submittal or the date of such  disapproval, as the case may be, the Administrator shall apply sanctions under section 179(b) in the same manner and subject to the same deadlines and other conditions as are applicable in the  case of a determination, disapproval, or finding under section 179(a).
 	(C)  The sanctions under section 179(b)(2) shall not apply pursuant to this paragraph in  any area unless the failure to submit or the disapproval referred to in subparagraph (A) or (B) relates to an air pollutant for which such area has been designated a nonattainment area (as  defined in part D of title I).
 	(3)  If a program meeting the requirements of this title has not been approved in whole for any State, the Administrator shall, 2 years after the date required for submission of such a program under paragraph (1), promulgate, administer, and enforce a program under this title for that State.
 	(e)  Suspension.- The Administrator shall suspend the issuance of permits promptly upon  publication of notice of approval of a permit program under this section, but may, in such notice, retain jurisdiction over permits that have been federally issued, but for which the administrative or judicial review process is not complete. The Administrator shall continue to administer and enforce federally issued permits under this title until they are replaced by a permit issued by a permitting program. Nothing in this subsection should be construed to limit the Administrator's ability to enforce permits issued by a State.
 	(f)  Prohibition.-  No partial permit program shall be approved unless, at a minimum, it  applies, and ensures compliance with, this title and each of the following:
 	(1) All requirements established under title IV applicable to "affected sources."
 	(2)  All requirements established under section 112 applicable to "major sources", "area sources," and "new sources."
 	(3)  All requirements of title I (other than section 112) applicable to sources required to have a permit under this title. Approval of a partial program shall not relieve the State of its obligation to submit a complete program, nor from the application of any sanctions under this Act for failure to submit an approvable permit program.
 	(g)  Interim Approval.-  If a program (including a partial permit program) submitted under this title substantially meets the requirements of this title, but is not fully approvable, the Administrator may by rule grant the program interim approval. In the notice of final rulemaking, the Administrator shall specify the changes that must be made before the program can receive full approval. An interim approval under this subsection shall expire on a date set by the Administrator not later than 2 years after such approval, and may not be renewed. For the period of any such interim approval, the provisions of subsection (d)(2), and the obligation of the  Administrator to promulgate a program under this title for the State pursuant to subsection (d)(3), shall be suspended. Such provisions and such obligation of the Administrator shall apply after the expiration of such interim approval.
 	(h)  Effective Date.-  The effective date of a permit program, or partial or interim program, approved under this title, shall be the effective date of approval by the Administrator. The effective date of a permit program, or partial permit program, promulgated by the Administrator shall be the date of promulgation.
 	(i)  Administration and Enforcement.-  (1)  Whenever the Administrator makes a  determination that a permitting authority is not adequately administering and enforcing a  program, or portion thereof, in accordance with the requirements of this title, the Administrator shall provide notice to the State and may, prior to the expiration of the 18-month period referred to in paragraph (2), in the Administrator's discretion, apply any of the sanctions specified in section 179(b).
 	(2)  Whenever the Administrator makes a determination that a permitting authority is not  adequately administering and enforcing a program, or portion thereof, in accordance with the requirements of this title, 18 months after the date of the notice under paragraph (1), the  Administrator shall apply the sanctions under section 179(b) in the same manner and subject to the same deadlines and other conditions as are applicable in the case of a determination,  disapproval, or finding under section 179(a).
 	(3)  The sanctions under section 179(b)(2) shall not apply pursuant to this subsection in  any area unless the failure to adequately enforce and administer the program relates to an air pollutant for which such area has been designated a nonattainment area.
 	(4)  Whenever the Administrator has made a finding under paragraph (1) with respect to any State, unless the State has corrected such deficiency within 18 months after the date of such finding, the Administrator shall, 2 years after the date of such finding, promulgate, administer, and enforce a program under this title for that State. Nothing in this paragraph shall be construed to affect the validity of a program which has been approved under this title or the authority of any permitting authority acting under such program until such time as such program is promulgated by the Administrator under this paragraph. [42 U.S.C. 7661a]

  SEC. 503. PERMIT APPLICATIONS.

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

 SEC. 504. PERMIT REQUIREMENTS AND CONDITIONS.

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

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