Agency Information Collection Activities: Proposed Collection; Comment Request; 8-Hour Ozone National Ambient Air Quality Standard Implementation Rule; EPA ICR No. 2236.02, OMB Control No. 2060-0594, 66515-66518 [E6-19376]

Download as PDF rmajette on PROD1PC67 with NOTICES1 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Notices from the issuance date of this notice; reply comments are due 105 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission’s Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments, recommendations, terms and conditions, and prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site (https:// www.ferc.gov) under the ‘‘eFiling’’ link. k. This application has been accepted, and is ready for environmental analysis at this time. l. The Fort Dodge Mill Dam Project would consist of: (1) The existing 342foot-long by 18-foot-high concrete dam with a 230-foot-long spillway and 5 Tainter gates; (2) an existing 90-acre reservoir with a normal full pond elevation of 990 feet above mean sea level; (3) an existing 40-foot-wide concrete intake structure with trash rack and stop log guides; (4) an existing powerhouse to contain two proposed turbine generating units with a total installed capacity of 1,400 kW; (5) a proposed 2,400-foot-long, 13.8-kV transmission line; and (6) appurtenant facilities. The applicant estimates that the total average annual generation would be about 7,506 MWh. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission’s Web site at https://www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at FERCOnlineSupport@ferc.gov or tollfree at 1–866–208–3676, or for TTY, (202) 502–8659. A copy is also available for inspection and reproduction at the address in item h. above. All filings must: (1) Bear in all capital letters the title ‘‘COMMENTS’’, ‘‘REPLY COMMENTS’’, ‘‘RECOMMENDATIONS’’, ‘‘TERMS VerDate Aug<31>2005 15:00 Nov 14, 2006 Jkt 211001 AND CONDITIONS’’, or ‘‘PRESCRIPTIONS’’; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person submitting the filing; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions, or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. You may also register online at https://www.ferc.gov/docs-filing/ esubscribenow.asp to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Procedural schedule: The Commission staff proposes to issue an Environmental Assessment (EA) rather than issuing a draft and final EA. Staff intends to allow at least 30 days for entities to comment on the EA, and will take into consideration all comments received on the EA before final action is taken on the license application. The application will be processed according to the following schedule, but revisions to the schedule may be made as appropriate: Issue Notice of availability of the EA: April 2007. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. o. A license applicant must file no later than 60 days following the date of issuance of this notice: (1) A copy of the water quality certification; (2) a copy of the request for certification, including proof of the date on which the certifying agency received the request; or (3) evidence of waiver of water quality certification. Magalie R. Salas, Secretary. [FR Doc. E6–19218 Filed 11–14–06; 8:45 am] BILLING CODE 6717–01–P PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 66515 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2003–0079; FRL–8242–7] Agency Information Collection Activities: Proposed Collection; Comment Request; 8-Hour Ozone National Ambient Air Quality Standard Implementation Rule; EPA ICR No. 2236.02, OMB Control No. 2060–0594 Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on April 30, 2007. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before January 16, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2003–0079, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-rdocket@epamail.epa.gov. • Fax: 202–566–1741. • Mail: Attention Docket ID No. EPA– HQ–OAR–2003–0079, U.S. Environmental Protection Agency, EPA West (Air Docket), 1200 Pennsylvania Avenue, Northwest, Mailcode: 6102T, Washington, DC 20460. • Hand Delivery: U.S. Environmental Protection Agency, EPA West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334, Washington, DC 20004, Attention Docket ID No. EPA– HQ–OAR–2003–0079. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Note: The EPA Docket Center suffered damage due to flooding during the last week of June 2006. The Docket Center is continuing to operate. However, during the cleanup, there will be temporary changes to Docket Center telephone numbers, addresses, and hours of operation for people who wish to make hand deliveries or visit the Public Reading Room to view documents. Consult EPA’s Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at https:// www.epa.gov/epahome/dockets.htm for E:\FR\FM\15NON1.SGM 15NON1 66516 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Notices current information on docket operations, locations and telephone numbers. The Docket Center’s mailing address for U.S. mail and the procedure for submitting comments to www.regulations.gov are not affected by the flooding and will remain the same. rmajette on PROD1PC67 with NOTICES1 Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2003– 0079. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. {For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. FOR FURTHER INFORMATION CONTACT: John Silvasi, Air Quality Policy Division, Office of Air Quality Planning and Standards, Mail Code C504–03, Research Triangle Park, North Carolina 27711, telephone number (919) 541– 3407, facsimile number (919) 541–5509, electronic mail e-mail address: silvasi.john@epa.gov. SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? The EPA has established a public docket for this ICR under Docket ID No. EPA–HQ–OAR–2003–0079 established a public docket for each of the ICRs identified in this document (see the Docket ID. numbers for each ICR that are VerDate Aug<31>2005 15:00 Nov 14, 2006 Jkt 211001 provided in the text, which is available for online viewing at www.regulations.gov, or in person viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202–566–1744, and the telephone number for the Docket is 202–566–1752. Use www.regulations.gov to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select ‘‘search,’’ then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) Evaluate the accuracy of the Agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) Enhance the quality, utility, and clarity of the information to be collected; and (iv) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation. What Information Collection Activity or ICR Does This Apply to? [Docket ID No. EPA–HQ–OAR–2003–0079] Affected entities: Entities potentially affected by this action are State and local governments and EPA Regional offices. There are other entities that may be indirectly affected, as they may comment on the draft submissions before they are forwarded to EPA’s Regional Offices. These include potentially regulated entities, representatives of special interest groups, and individuals. Title: 8-hour Ozone National Ambient Air Quality Standard Implementation Rule. ICR numbers: EPA ICR No. 2236.02, OMB Control No. 2060–0594. ICR status: This ICR is currently scheduled to expire on April 30, 2007. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9. Abstract: The Paperwork Reduction Act requires the information found in this Information Collection Request (ICR) number 2236.02, to assess the burden (in hours and dollars) of the 8hour Ozone National Ambient Air Quality Standard Implementation (NAAQS) Rule as well as the periodic reporting and record keeping necessary to maintain the rule. The rule was proposed June 2, 2003 (68 FR 32802) and promulgated in two Phases: Phase 1 published April 30, 2004 (69 FR 23951) and Phase 2 published November 29, 2005 (70 FR 71612). The preamble to the proposed and final regulation addressed the administrative burden in general terms. The preamble to the final Phase 2 rule stated that an ICR would be prepared (70 FR at 71692). E:\FR\FM\15NON1.SGM 15NON1 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Notices rmajette on PROD1PC67 with NOTICES1 The rule includes requirements that involve collecting information from States with areas that have been designated nonattainment for the 8-hour ozone NAAQS. The time period covered in this ICR is a three year period from May 1, 2007 through April 30, 2010. The information collection milestones include State submission of an attainment demonstration State Implementation Plan (SIP), a Reasonable Further Progress (RFP) SIP submission, and a Reasonable Available Control Technology (RACT) SIP. However, not all of the milestones and associated burden and administrative cost estimates apply to every designated nonattainment area. Areas with cleaner air quality have fewer requirements. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 9,511 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency’s estimate, which is only briefly summarized here: Estimated total number of potential respondents: 30. Frequency of response: Annual. Estimated total average number of responses for each respondent: 30. Estimated total annual burden hours: 285,333 hours. Estimated total average annual costs per respondent: $316,720. This includes an estimated burden cost of $316,720 and an estimated cost of $0 for capital investment or maintenance and operational costs. Additional Background on Burden Estimation Method The methodology and draft estimates of incremental administrative burden for this ICR are documented in a separate supporting statement in the docket. They were submitted to EPA’s VerDate Aug<31>2005 15:00 Nov 14, 2006 Jkt 211001 Ozone National Ambient Air Quality Standards Implementation Workgroup for their review and comment. This workgroup is comprised of representatives from EPA Regional Offices 1 through 9 as well as EPA’s Offices of General Counsel, PolicyEconomics and Innovation, and Air and Radiation (including the Offices of Transportation and Air Quality, Air Quality Planning and Standards, and Policy Analysis and Review). The workgroup provided constructive criticism on earlier drafts which resulted in clarifications to the methodology section, revisions to the categorization of non-attainment areas by regional office, and changes to the temporal allocation of regional office administrative burden. The workgroup reviewed the June 2006 ICR supporting statement which was forwarded to OMB’s Office of Information and Regulatory Affairs. The workgroup believed there would be differences between the realized incremental administrative burden of the states and regional offices versus what was in the supporting statement. However, the estimates in the ICR supporting statement were judged to be appropriate (e.g. in the right ballpark). 66517 In 1997, the Agency prepared a Regulatory Impact Analysis (RIA) for the 8-hour Ozone Standard promulgation. The RIA’s estimated total incremental administrative burden for the states was 22,000 to 25,000 hours.1 The incremental burden hour estimate developed in this ICR supporting statement is more than 800,000 hours. Differences between the estimates are the result of variations in the data inputs and presumed implementation framework. Here are some examples: • The Subpart 1 approach to implementation was envisioned for all 8-hour non-attainment areas when the 1997 RIA was prepared. The envisioned Subpart 1 approach was less prescriptive and would result in a lower administrative burden than the promulgated Phase I and Phase II implementation rules. Under those promulgated implementation rules, the more prescriptive Subpart 2 requirements apply to areas with the worst ozone problems. • The burden estimates in the 1997 RIA presumed that the SIP activities being performed in areas that were in non-attainment with the 1-hour standard would also apply to the 8-hour standard. Hence, for these areas there would be a lower incremental burden associated with the 8-hour standard. The current supporting statement for this ICR presumes that, although the 1-hour SIP activities are helpful, they are not as relevant as previously assumed for developing a SIP for an 8hour standard. This is because SIP development efforts for the 8-hour standard require different emissions inventories, compliance and attainment timing, and regulatory baselines. The Agency (EPA) presented the 1997 RIA burden estimate ($1.1 million) in the preamble to the proposed implementation rule (June 2, 2003 (68 FR 32802)). Three comments were received during the public comment period regarding the dollar estimates of incremental burden.2 Two local air pollution control agencies in California representing subpart 2 non-attainment areas for the 8-hour standard commented that the $1.1 million dollar estimate as a total for all non-attainment areas was low. One local agency was in a subpart 2-marginal area for the 8-hour ozone standard. That local agency comment noted that their burden in developing the 1-hour SIP was more than $2 million. The other local agency was in a subpart 2-serious area for the 8-hour standard. That local agency noted that the cost of developing their 1-hour ozone SIP was more than $1 million. In this ICR supporting statement, EPA estimates that the average incremental burden for implementing the 8-hour standard in the California Subpart 2 non-attainment areas is $1.1 million in each area over the 3 year reporting period. See Table 5 and section 6(b). The EPA’s estimates recognize that, although the environmental progress already realized in California is substantial, California’s ozone non-attainment problems are generally more challenging than elsewhere in the United States. The third public comment on the 1997 RIA burden estimate came from the state of Texas. The commenter noted that the total burden for three 8-hour ozone nonattainment areas (that include Houston, Dallas, and Beaumont) associated with developing and fulfilling outstanding 1-hour as well as 8-hour ozone SIP obligations could exceed $2.5 million. The EPA’s estimate for two subpart 2 8-hour non-attainment areas in Texas in this ICR supporting 1 EPA’s Regulatory Impact Analysis for the Revised Ozone and PM NAAQS and the Proposed Regional Haze Rule (https://www.epa.gov/ttn/oarpg/ naaqsfin/ria.html) page 10–17, Table 10.6. 2 See https://www.regulations.gov; docket documents EPA–HQ–OAR–2003–0079–0140, EPA– HQ–OAR–2003–0079–0239, and EPA–HQ–OAR– 2003–0079–0260. Past Estimates of Burden and Comments Received PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\15NON1.SGM 15NON1 66518 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Notices statement is $2.3 million over the 3 year reporting period. See Table 5 and Section 6(b). The estimated incremental burden cost provided in this ICR is more consistent with the dollar burden estimates provided in the 3 commenters than the previous estimates in the 1997 RIA. What Is the Next Step in the Process for This ICR? The EPA will consider the comments received under this notice and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT. 1200 Pennsylvania Ave., NW., Washington, DC 20460, or by e-mail childers.pat@epa.gov. Dated: November 2, 2006. William L. Wehrum, Acting Assistant Administrator, Office of Air and Radiation. [FR Doc. E6–19282 Filed 11–14–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8242–3] Listening Session on Exploring Bottled Water as an Alternative Compliance Option in Limited Situations for NonTransient, Non-Community Water Systems Environmental Protection Agency. ACTION: Notice. AGENCY: ENVIRONMENTAL PROTECTION AGENCY SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing a listening session on the viability of bottled water as an alternative compliance option for chronic contaminants regulated under the Safe Drinking Water Act (SDWA). The purpose of this meeting is to identify information and data needed for EPA to evaluate the efficacy of bottled water as an alternative compliance option for non-transient, non-community water systems. [FRL–8242–2] DATES: Dated: November 6, 2006. Scott L. Mathias, Acting Director, Air Quality Policy Division, Office of Air Quality Planning and Standards, Office of Air and Radiation. [FR Doc. E6–19376 Filed 11–14–06; 8:45 am] BILLING CODE 6560–50–P Clean Air Act Advisory Committee; Notice of Charter Renewal Environmental Protection Agency (EPA). ACTION: Notice of charter renewal. rmajette on PROD1PC67 with NOTICES1 AGENCY: The charter for the Environmental Protection Agency’s Clean Air Act Advisory Committee (CAAAC) will be renewed for an additional two-year period, as a necessary committee which is in the public interest, in accordance with the provisions of the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2 section 9(c). The purpose of CAAAC is to provide advice and recommendations to the EPA Administrator on issues associated with policy and technical issues associated with implementation of the Clean Air Act. It is determined that CAAAC is in the public interest in connection with the performance of duties imposed on the Agency by law. Inquiries may be directed to Pat Childers, CAAAC Designated Federal Officer, U.S. EPA, Mail Code 6102A, VerDate Aug<31>2005 15:00 Nov 14, 2006 Jkt 211001 The listening session will be held in Washington, DC, on Tuesday, December 12, 2006, from 8:30 a.m. to 5 p.m. Registration will open at 8 a.m. ADDRESSES: The listening session will take place at RESOLVE, Inc., 1255 23rd St., NW., Suite 275, Washington, DC 20037. and in what limited situations bottled water may be a safe and effective alternative compliance option to treatment technology and point-of-use devices. Under the Safe Drinking Water Act (SDWA) bottled water is allowed for use in very limited situations, such as in emergency situations or as a temporary measure under variances and exemptions. There is no statutory prohibition on the use of bottled water to achieve compliance. However, bottled water is prohibited by regulation (40 CFR 141.101) for use by a public water system to achieve compliance with a maximum contaminant level (MCL). Public Comment: An opportunity for public comment will be provided during the listening session. Oral statements will be limited to five minutes; it is preferred that only one person present the statement on behalf of a group or organization. Written comments may be provided at the meeting or may be sent by mail to Jennifer Moller at the mail or e-mail address listed in the FOR FURTHER INFORMATION CONTACT section of this notice. Special Accommodations: For information on access or services for individuals with disabilities, please contact Jennifer Moller at Moller.Jennifer@epa.gov. To request accommodation of a disability, please contact Jennifer Moller, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: November 8, 2006. Cynthia C. Dougherty, Director, Office of Ground Water and Drinking Water. [FR Doc. E6–19266 Filed 11–14–06; 8:45 am] BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Interested participants from the public should contact Jennifer Moller, U.S. Environmental Protection Agency, Office of Ground Water and Drinking Water, Drinking Water Protection Division (Mail Code 4606M), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. There is no charge for attending this workshop as an observer, but seats are limited, so register as soon as possible. Please contact Jennifer Moller at Moller.Jennifer@epa.gov or call 202– 564–3891 to receive additional details. SUPPLEMENTARY INFORMATION: Background: At the request of the Association of State Drinking Water Administrators (ASDWA), EPA is convening a meeting to discuss information needed to explore whether PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2005–0163; FRL–8099–7] Aldicarb Revised Risk Assessments; Notice of Availability and Solicitation of Risk Reduction Options Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: This notice announces the availability of EPA’s revised risk assessments for the N-methyl carbamate pesticide aldicarb. In addition, this notice solicits public comment on risk reduction options for aldicarb, as well as an initial impacts and/or preliminary benefits assessmentfor a number of E:\FR\FM\15NON1.SGM 15NON1

Agencies

[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Notices]
[Pages 66515-66518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19376]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0079; FRL-8242-7]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; 8-Hour Ozone National Ambient Air Quality Standard 
Implementation Rule; EPA ICR No. 2236.02, OMB Control No. 2060-0594

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on April 30, 2007. Before submitting the ICR to OMB 
for review and approval, EPA is soliciting comments on specific aspects 
of the proposed information collection as described below.

DATES: Comments must be submitted on or before January 16, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0079, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: a-and-r-docket@epamail.epa.gov.
     Fax: 202-566-1741.
     Mail: Attention Docket ID No. EPA-HQ-OAR-2003-0079, U.S. 
Environmental Protection Agency, EPA West (Air Docket), 1200 
Pennsylvania Avenue, Northwest, Mailcode: 6102T, Washington, DC 20460.
     Hand Delivery: U.S. Environmental Protection Agency, EPA 
West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334, 
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2003-0079. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.


    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to make hand deliveries or visit the 
Public Reading Room to view documents. Consult EPA's Federal 
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at 
https://www.epa.gov/epahome/dockets.htm for

[[Page 66516]]

current information on docket operations, locations and telephone 
numbers. The Docket Center's mailing address for U.S. mail and the 
procedure for submitting comments to www.regulations.gov are not 
affected by the flooding and will remain the same.


    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0079. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The www.regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. {For additional information about EPA's public docket visit 
the EPA Docket Center homepage at https://www.epa.gov/epahome/
dockets.htm.

FOR FURTHER INFORMATION CONTACT: John Silvasi, Air Quality Policy 
Division, Office of Air Quality Planning and Standards, Mail Code C504-
03, Research Triangle Park, North Carolina 27711, telephone number 
(919) 541-3407, facsimile number (919) 541-5509, electronic mail e-mail 
address: silvasi.john@epa.gov.

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    The EPA has established a public docket for this ICR under Docket 
ID No. EPA-HQ-OAR-2003-0079 established a public docket for each of the 
ICRs identified in this document (see the Docket ID. numbers for each 
ICR that are provided in the text, which is available for online 
viewing at www.regulations.gov, or in person viewing at the Air Docket 
in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room 
is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Reading Room is 202-566-
1744, and the telephone number for the Docket is 202-566-1752.
    Use www.regulations.gov to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

[Docket ID No. EPA-HQ-OAR-2003-0079]

    Affected entities: Entities potentially affected by this action are 
State and local governments and EPA Regional offices. There are other 
entities that may be indirectly affected, as they may comment on the 
draft submissions before they are forwarded to EPA's Regional Offices. 
These include potentially regulated entities, representatives of 
special interest groups, and individuals.
    Title: 8-hour Ozone National Ambient Air Quality Standard 
Implementation Rule.
    ICR numbers: EPA ICR No. 2236.02, OMB Control No. 2060-0594.
    ICR status: This ICR is currently scheduled to expire on April 30, 
2007. An Agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations in title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers for certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: The Paperwork Reduction Act requires the information 
found in this Information Collection Request (ICR) number 2236.02, to 
assess the burden (in hours and dollars) of the 8-hour Ozone National 
Ambient Air Quality Standard Implementation (NAAQS) Rule as well as the 
periodic reporting and record keeping necessary to maintain the rule. 
The rule was proposed June 2, 2003 (68 FR 32802) and promulgated in two 
Phases: Phase 1 published April 30, 2004 (69 FR 23951) and Phase 2 
published November 29, 2005 (70 FR 71612). The preamble to the proposed 
and final regulation addressed the administrative burden in general 
terms. The preamble to the final Phase 2 rule stated that an ICR would 
be prepared (70 FR at 71692).

[[Page 66517]]

The rule includes requirements that involve collecting information from 
States with areas that have been designated nonattainment for the 8-
hour ozone NAAQS.
    The time period covered in this ICR is a three year period from May 
1, 2007 through April 30, 2010. The information collection milestones 
include State submission of an attainment demonstration State 
Implementation Plan (SIP), a Reasonable Further Progress (RFP) SIP 
submission, and a Reasonable Available Control Technology (RACT) SIP. 
However, not all of the milestones and associated burden and 
administrative cost estimates apply to every designated nonattainment 
area. Areas with cleaner air quality have fewer requirements.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 9,511 
hours per response. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements which have subsequently changed; train 
personnel to be able to respond to a collection of information; search 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 30.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 
30.
    Estimated total annual burden hours: 285,333 hours.
    Estimated total average annual costs per respondent: $316,720. This 
includes an estimated burden cost of $316,720 and an estimated cost of 
$0 for capital investment or maintenance and operational costs.

Additional Background on Burden Estimation Method

    The methodology and draft estimates of incremental administrative 
burden for this ICR are documented in a separate supporting statement 
in the docket. They were submitted to EPA's Ozone National Ambient Air 
Quality Standards Implementation Workgroup for their review and 
comment. This workgroup is comprised of representatives from EPA 
Regional Offices 1 through 9 as well as EPA's Offices of General 
Counsel, Policy-Economics and Innovation, and Air and Radiation 
(including the Offices of Transportation and Air Quality, Air Quality 
Planning and Standards, and Policy Analysis and Review).
    The workgroup provided constructive criticism on earlier drafts 
which resulted in clarifications to the methodology section, revisions 
to the categorization of non-attainment areas by regional office, and 
changes to the temporal allocation of regional office administrative 
burden. The workgroup reviewed the June 2006 ICR supporting statement 
which was forwarded to OMB's Office of Information and Regulatory 
Affairs. The workgroup believed there would be differences between the 
realized incremental administrative burden of the states and regional 
offices versus what was in the supporting statement. However, the 
estimates in the ICR supporting statement were judged to be appropriate 
(e.g. in the right ballpark).

Past Estimates of Burden and Comments Received

    In 1997, the Agency prepared a Regulatory Impact Analysis (RIA) for 
the 8-hour Ozone Standard promulgation. The RIA's estimated total 
incremental administrative burden for the states was 22,000 to 25,000 
hours.\1\ The incremental burden hour estimate developed in this ICR 
supporting statement is more than 800,000 hours. Differences between 
the estimates are the result of variations in the data inputs and 
presumed implementation framework. Here are some examples:
---------------------------------------------------------------------------

    \1\ EPA's Regulatory Impact Analysis for the Revised Ozone and 
PM NAAQS and the Proposed Regional Haze Rule (https://www.epa.gov/
ttn/oarpg/naaqsfin/ria.html) page 10-17, Table 10.6.
---------------------------------------------------------------------------

     The Subpart 1 approach to implementation was envisioned 
for all 8-hour non-attainment areas when the 1997 RIA was prepared. The 
envisioned Subpart 1 approach was less prescriptive and would result in 
a lower administrative burden than the promulgated Phase I and Phase II 
implementation rules. Under those promulgated implementation rules, the 
more prescriptive Subpart 2 requirements apply to areas with the worst 
ozone problems.
     The burden estimates in the 1997 RIA presumed that the SIP 
activities being performed in areas that were in non-attainment with 
the 1-hour standard would also apply to the 8-hour standard. Hence, for 
these areas there would be a lower incremental burden associated with 
the 8-hour standard. The current supporting statement for this ICR 
presumes that, although the 1-hour SIP activities are helpful, they are 
not as relevant as previously assumed for developing a SIP for an 8-
hour standard. This is because SIP development efforts for the 8-hour 
standard require different emissions inventories, compliance and 
attainment timing, and regulatory baselines.
    The Agency (EPA) presented the 1997 RIA burden estimate ($1.1 
million) in the preamble to the proposed implementation rule (June 2, 
2003 (68 FR 32802)). Three comments were received during the public 
comment period regarding the dollar estimates of incremental burden.\2\ 
Two local air pollution control agencies in California representing 
subpart 2 non-attainment areas for the 8-hour standard commented that 
the $1.1 million dollar estimate as a total for all non-attainment 
areas was low. One local agency was in a subpart 2-marginal area for 
the 8-hour ozone standard. That local agency comment noted that their 
burden in developing the 1-hour SIP was more than $2 million. The other 
local agency was in a subpart 2-serious area for the 8-hour standard. 
That local agency noted that the cost of developing their 1-hour ozone 
SIP was more than $1 million. In this ICR supporting statement, EPA 
estimates that the average incremental burden for implementing the 8-
hour standard in the California Subpart 2 non-attainment areas is $1.1 
million in each area over the 3 year reporting period. See Table 5 and 
section 6(b). The EPA's estimates recognize that, although the 
environmental progress already realized in California is substantial, 
California's ozone non-attainment problems are generally more 
challenging than elsewhere in the United States.
---------------------------------------------------------------------------

    \2\ See https://www.regulations.gov; docket documents EPA-HQ-OAR-
2003-0079-0140, EPA-HQ-OAR-2003-0079-0239, and EPA-HQ-OAR-2003-0079-
0260.
---------------------------------------------------------------------------

    The third public comment on the 1997 RIA burden estimate came from 
the state of Texas. The commenter noted that the total burden for three 
8-hour ozone nonattainment areas (that include Houston, Dallas, and 
Beaumont) associated with developing and fulfilling outstanding 1-hour 
as well as 8-hour ozone SIP obligations could exceed $2.5 million. The 
EPA's estimate for two subpart 2 8-hour non-attainment areas in Texas 
in this ICR supporting

[[Page 66518]]

statement is $2.3 million over the 3 year reporting period. See Table 5 
and Section 6(b).
    The estimated incremental burden cost provided in this ICR is more 
consistent with the dollar burden estimates provided in the 3 
commenters than the previous estimates in the 1997 RIA.

What Is the Next Step in the Process for This ICR?

    The EPA will consider the comments received under this notice and 
amend the ICR as appropriate. The final ICR package will then be 
submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At 
that time, EPA will issue another Federal Register notice pursuant to 5 
CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and 
the opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: November 6, 2006.
Scott L. Mathias,
Acting Director, Air Quality Policy Division, Office of Air Quality 
Planning and Standards, Office of Air and Radiation.
[FR Doc. E6-19376 Filed 11-14-06; 8:45 am]
BILLING CODE 6560-50-P
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