Agency Information Collection Activities; Proposed Collections; Comment Request; State Operating Permit Program (Renewal) and Federal Operating Permit Program (Renewal), 77820-77823 [2011-32062]
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used by CBP. In addition, EPA is
capturing the burden of providing
supplemental information submitted
with Form 3540–1 to the Agency by
most importers on a voluntary basis.
Burden statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 0.43 hours per
response. The ICR, a copy of which is
available in the docket, provides a
detailed explanation of this estimate,
which is only briefly summarized here:
Estimated total number of potential
respondents: 28,000.
Frequency of response: On occasion.
Estimated total average number of
responses for each respondent: 1.
Estimated total annual burden hours:
12,040 hours.
Estimated total annual costs:
$685,146. This is the estimated burden
cost; there is no cost for capital
investment or maintenance and
operational costs in this information
collection.
Changes in the estimates from the last
approval: The renewal of this ICR will
result in an overall increase of 4,540
hours in the total estimated respondent
burden identified in the currently
approved ICR. This increase is a result
of an increase in the annual number of
NOAs submitted and an increase in the
burden hours per response. The annual
number of NOAs submitted to EPA
increased from 25,000 to 28,000. The
average burden hours per response will
change from 0.3 hours for the previous
ICR renewal to 0.43 hours for this ICR
renewal. This change in burden hours
per response is a result of changes to the
data items on Form 3450–1, as well as
an accounting of the burden of
voluntarily submitting certain
information. Specifically, this burden
estimate accounts for the new burdens
related to providing information for the
telephone numbers and email addresses
of the shipper, importer of record,
licensed broker, and ultimate consignee
when supplying name and address
information, and that the complete
address, including telephone and email
address, of the carrier be provided. In
addition, EPA is accounting for the
burden of voluntarily providing active
ingredients and percentage of each,
supporting documentation for registered
and unregistered pesticides, as well as
intended use information for
unregistered pesticides. This change is
an adjustment.
C. Docket ID Number EPA–HQ–OPP–
2011–0886
Title: Application for New and
Amended Pesticide Registration.
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ICR numbers: EPA ICR No. 0277.16,
OMB Control No. 2070–0060.
ICR status: The approval for this ICR
is scheduled to expire on July 31, 2012.
Affected entities: Entities potentially
affected by this ICR are individuals or
entities engaged in activities related to
the registration of pesticide products.
The NAICS code assigned to the entities
responding to this information is
325300 (pesticide and other agricultural
and chemical manufacturing).
Abstract: This ICR renewal will allow
EPA to collect necessary data to
evaluate an application of a pesticide
product as required under section 3 of
FIFRA, and the Federal Food, Drug, and
Cosmetic Act (FFDCA), as amended by
the Food Quality Protection Act (FQPA)
of August 3, 1996. Under FIFRA, EPA
must evaluate pesticides thoroughly
before they can be marketed and used in
the United States, to ensure that they
will not pose unreasonable adverse
effects to human health and the
environment. Pesticides that meet this
test are granted a license or
‘‘registration’’ which permits their
distribution, sale, and use according to
requirements set by EPA to protect
human health and the environment. The
producer of the pesticide must provide
data from tests done according to EPA
guidelines or other test methods that
provide acceptable data. These tests
must determine whether a pesticide has
the potential to cause adverse effects on
humans, wildlife, fish and plants,
including endangered species and nontarget organisms, as well as possible
contamination of surface water or
groundwater from leaching, runoff and
spray drift. EPA also must approve the
language that appears on each pesticide
label. A pesticide product can only be
used according to the directions on the
labeling accompanying it at the time of
sale, through its use and disposal.
Burden statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to range from 14 hours to 840
hours, depending upon the type of
response. The ICR, a copy of which is
available in the docket, provides a
detailed explanation of this estimate,
which is only briefly summarized here:
Estimated total number of potential
respondents: 1,758.
Frequency of response: On occasion.
Estimated total average number of
responses for each respondent: 1.
Estimated total annual burden hours:
55,412 hours.
Estimated total annual costs:
$4,101,100. This is the estimated burden
cost; there is no cost for capital
investment or maintenance and
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operational costs in this information
collection.
Changes in the estimates from the last
approval: The renewal of this ICR will
result in an overall decrease of 20,768
hours in the total estimated respondent
burden identified in the currently
approved ICR. This decrease reflects
fewer expected responses across all
response types. The reduction in EPA’s
response estimate is primarily from a
reduction in ‘‘Type B’’ activities, which
include amendments and notifications,
in the Antimicrobial Division. Based on
experience over the past three years, the
Agency has reduced the number of
responses to reflect estimates closer to
actual number of responses. In addition,
due to some industry consolidation and
based on registration maintenance fee
data, EPA has identified 42 fewer ICR
respondents. This change is an
adjustment.
V. What is the Next Step in the Process
for these ICRs?
EPA will consider the comments
received and amend the individual ICRs
as appropriate. The final ICR packages
will then be submitted to OMB for
review and approval pursuant to 5 CFR
1320.12. EPA will issue another Federal
Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the
submission of these ICRs to OMB and
the opportunity for the public to submit
additional comments for OMB
consideration. If you have any questions
about any of these ICRs or the approval
process in general, please contact the
person listed under FOR FURTHER
INFORMATION CONTACT.
List of Subjects
Environmental protection, Reporting
and recordkeeping requirements.
Dated: December 7, 2011.
James Jones,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
[FR Doc. 2011–32075 Filed 12–13–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2004–0015 and EPA–HQ–
OAR–2004–0016; FRL–9506–5]
Agency Information Collection
Activities; Proposed Collections;
Comment Request; State Operating
Permit Program (Renewal) and Federal
Operating Permit Program (Renewal)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices
In compliance with the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document
announces that the EPA is planning to
submit a request to renew two existing
approved Information Collection
Requests (ICR) to the Office of
Management and Budget (OMB). The
two ICRs are scheduled to expire on
April 30, 2012. Before submitting the
two ICRs to OMB for review and
approval, the EPA is soliciting
comments on specific aspects of the
proposed information collections as
described below.
DATES: Comments must be submitted on
or before February 13, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2004–0015 (for the part 70 state
program) or Docket ID No. EPA–HQ–
OAR–2004–0016 (for the part 71 Federal
program), by one of the following
methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: U.S. Environmental
Protection Agency, Air and Radiation
Docket and Information Center,
Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
Attention: Docket ID No. EPA–HQ–
OAR–2004–0015 (for Part 70) or Docket
ID No. EPA–HQ–OAR–2004–0016 (for
Part 71). Please include a total of two
copies.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA West, Room
3334, 1301 Constitution Ave. NW.,
Washington, DC 20460. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2004–
0015 for the ICR renewal for the part 70
state permitting program or EPA–HQ–
OAR–2004–0016 for the ICR renewal for
the part 71 Federal (EPA) permitting
program. 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
https://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 https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
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SUMMARY:
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an ‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through https://www.regulations.
gov, your email 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, the 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 the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the 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 the EPA’s public
docket, visit the EPA Docket Center
homepage at https://www.epa.gov/
epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeff Herring, Air Quality Policy Division,
Office of Air Quality Planning and
Standards (C504–05), Environmental
Protection Agency, Research Triangle
Park, North Carolina 27711; telephone
number: (919) 541–3195; fax number:
(919) 541–5509; email address: herring.
jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
How can I access the docket and/or
submit comments?
The EPA has established a public
docket for the Part 70 ICR renewal
under Docket ID No. EPA–HQ–OAR–
2004–0015 and a public docket for the
Part 71 ICR renewal under Docket ID
No. EPA–HQ–OAR–2004–0016, which
are available for online viewing at
https://www.regulations.gov, or in person
viewing at the Air and Radiation Docket
in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC The EPA/DC 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
Public Reading Room is (202) 566–1744.
Use https://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 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.
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What information is the EPA
particularly interested in?
Pursuant to section 3506(c)(2)(A) of
the PRA, the 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. In
particular, the EPA is requesting
comments from very small businesses
(those that employ less than 25) on
examples of specific additional efforts
that the EPA could make to reduce the
paperwork burden for very small
businesses affected by this collection.
What should I consider when I prepare
my comments for the 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 the
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
does this apply to?
Affected entities: Entities potentially
affected by this action are those which
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must apply for and obtain an operating
permit under title V of the Clean Air Act
(Act). These, in general, include sources
which are defined as ‘‘major’’ under any
title of the Act.
Title: Part 70 State Operating Permit
Program (Renewal) and Part 71 Federal
Operating Permit Program (Renewal).
ICR number: For the Part 70
regulations, EPA ICR No. 1587.12 and
OMB Control No. 2060–0243. For the
Part 71 regulations, EPA ICR No.
1713.10 and OMB Control No. 2060–
0336.
ICR status: The two ICRs are both
scheduled to expire on April 30, 2012.
Abstract: Title V of the Act requires
states to develop and implement a
program for issuing operating permits to
all sources that fall under any Act
definition of ‘‘major’’ and certain other
non-major sources that are subject to
federal air quality regulations. The Act
further requires the EPA to develop
regulations that establish the minimum
requirements for those state operating
permits programs, to oversee
implementation of the state programs,
and to operate a federal operating
permits program in areas not subject to
an approved state program. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information request unless
it displays a currently valid OMB
control number. The OMB control
numbers for the EPA’s regulations in 40
CFR are listed in 40 CFR part 9 and 48
CFR chapter 15. The EPA regulations
setting forth requirements for the state
operating permit program are at 40 CFR
part 70 and the EPA regulations setting
forth the requirements for the federal
(EPA) operating permit program are at
40 CFR part 71. The part 70 program is
designed to be implemented primarily
by state and local permitting authorities
in all areas where they have
jurisdiction. The part 71 program is
designed to be implemented primarily
by the EPA in all areas where state and
local agencies do not have jurisdiction,
such as Indian Country and offshore
beyond states’ seaward boundaries.
In order to receive an operating
permit for a major or other source
subject to either of the permitting
programs, the applicant must conduct
the necessary research, perform the
appropriate analyses and prepare the
permit application with documentation
to demonstrate that their project meets
all applicable statutory and regulatory
requirements. Specific activities and
requirements are listed and described in
the Supporting Statements for the two
ICRs.
State and local agencies under part 70
and the EPA (or a delegate agency)
under part 71 review permit
applications, provide for public review
of proposed permits, issue permits
based on consideration of all technical
factors and public input, and review
information submittals required of
sources during the term of the permit.
Also, under part 70, the EPA reviews
certain actions of the state and local
agencies and provides oversight of the
programs to ensure that they are being
adequately implemented and enforced.
Under part 71, the EPA reviews certain
actions and performs oversight for any
delegate agency, consistent with the
terms of a delegation agreement.
Consequently, information prepared and
submitted by sources is essential for
sources to receive permits, and for
Federal, state, and local permitting
agencies to adequately review the
permit applications and thereby
properly administer and manage the
program.
Since the previous renewal of this
ICR, the EPA has promulgated two
changes to the part 70 and 71
regulations: the Flexible Air Permits
rule and the Greenhouse Gas (GHG)
Tailoring rule. The first rule provides a
mechanism for sources to establish
provisions in their operating permits
that result in fewer permit revisions
necessary during the term of the permit.
The second rule establishes levels
where GHG emissions trigger permitting
requirements. The information
collection requirements for these
regulatory revisions were approved by
OMB after the approval of the 2007 ICR
renewal and those approved changes are
included and updated in these ICR
renewals. Also, the previous part 71 ICR
renewal identifed the EPA as the sole
permitting authority, while this part 71
renewal identifies the EPA and one
delegate agency, the Navajo Nation, as
permitting authorities (the EPA
continues to serve as a permitting
authority in all areas, while the delegate
agency serves as a permitting authority
in a limited portion of Indian country).
Information that is collected is
handled according to the EPA’s policies
set forth in title 40, chapter 1, part 2,
subpart B—Confidentiality of Business
Information (see 40 CFR part 2). See also
section 114(c) of the Act.
Burden Statement: Burden means the
total time, effort or financial resources
expended by persons to generate,
maintain, retain or disclose or provide
information to or for a federal agency.
This includes the time needed to review
instructions; develop, acquire, install
and utilize technology and systems for
the purposes of collecting, validating
and verifying information, processing
and maintaining information and
disclosing and providing information;
adjust the existing ways to comply with
any previously applicable instructions
and requirements; train personnel to be
able to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
The annual public reporting and
recordkeeping burden for the collection
of information under parts 70 and part
71 is broken down as follows:
Type of permit action
Part 70
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Permitting Authority:
Number of Sources ..........................................................................................................................................
Burden Hours per Response:
Sources .............................................................................................................................................................
Permitting Authority ..........................................................................................................................................
Total Annual Burden Hours:
Sources .............................................................................................................................................................
Permitting Authority ..........................................................................................................................................
Part 71
15,940
174
250
84
215
94
3,977,118
1,334,766
37,413
1,318 a
Any minor discrepencies are due to rounding.
a Only
delegate agency burden is shown for part 71.
Respondents/Affected Entities:
Industrial plants (sources); state, local,
and tribal permitting authorities.
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Estimated Number of Respondents:
For part 70, there are 15,940 sources and
112 state and local permitting
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authorities. For part 71, there are 174
industry sources and 1 tribal delegate
permitting authority (the EPA serves as
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a permitting authority but is not a
respondent).
Estimated Total Annual Burden: For
part 70, the total annual burden for
sources and state and local permitting
authorities is 5,311,884 hours and the
total annual cost is $226,736,622. For
part 71, the total annual burden for
sources and the one delegate agency
(tribal) is 38,731 hours and the total
annual cost is $1,865,183.
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Are there changes in the estimates from
the last approval?
Since the last renewal of the part 70
ICR (in 2007), there is a decrease of 214
thousand hours (or about a 4 percent
decrease) of annual respondent burden.
This change is primarily due to an
updated estimate of the number of
permits expected compared to the last
ICR renewal. To a lesser extent, this
decrease is due to reduced permit
renewal activity related to
implementation of the Flexible Permits
rule. Although the GHG Tailoring rule
increased the number of source
respondents by 552, the increase in
burden was more than offset by the
decrease in burden from the updated
estimate of the number of permits and
the decreased burden from the
implementation of the Flexible Air
Permits rule. Also, the annual per
respondent burden has changed very
little since the last part 70 ICR renewal
(248 hours previously compared to the
new estimate of 250 hours or about a 1
percent increase).
Since the last renewal of the part 71
ICR (in 2007), there is an increase of 10
thousand hours of total annual
respondent burden (about a 36 percent
increase). This is primarily due to an
updated estimate of the number of
permits expected (123 permits in the
prior renewal versus 174 permits in this
renewal or a 42 percent increase), which
is due to increased energy development
(oil and gas exploration and alternative
energy development) in offshore areas
under the EPA jurisdiction. In the
current part 71 renewal, the Flexible Air
Permits rule and the GHG Tailoring rule
result in nearly offseting decreases and
increases in burden. Also, even though
the total annual burden has increased
compared to the prior ICR renewal, the
annual per source burden has decreased
by about 3 percent.
What is the next step in the process for
this ICR?
The EPA will consider the comments
received 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, the EPA will issue
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another Federal Register notice
pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICRs 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: December 8, 2011.
Mary E. Henigin,
Acting Office Director, Office of Air Quality
Planning and Standards.
[FR Doc. 2011–32062 Filed 12–13–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OECA–2011–0218; FRL–9501–2]
Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; NSPS for Metallic Mineral
Processing Plants (Renewal)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.), this document announces
that an Information Collection Request
(ICR) has been forwarded to the Office
of Management and Budget (OMB) for
review and approval. This is a request
to renew an existing approved
collection. The ICR which is abstracted
below describes the nature of the
collection and the estimated burden and
cost.
DATES: Additional comments may be
submitted on or before January 13, 2012.
ADDRESSES: Submit your comments,
referencing docket ID number EPA–HQ–
OECA–2011–0218, to: (1) EPA online
using www.regulations.gov (our
preferred method), or by email to
docket.oeca@epa.gov, or by mail to: EPA
Docket Center (EPA/DC), Environmental
Protection Agency, Enforcement and
Compliance Docket and Information
Center, mail code 2822IT, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; and (2) OMB at: Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB), Attention: Desk Officer for EPA,
725 17th Street NW., Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT:
Learia Williams, Monitoring,
Assistance, and Media Programs
Division, Office of Compliance, Mail
Code 2223A, Environmental Protection
Agency, 1200 Pennsylvania Avenue
SUMMARY:
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77823
NW., Washington, DC 20460; telephone
number: (202) 564–4113; fax number:
(202) 564–0050; email address:
williams.learia@epa.gov.
EPA has
submitted the following ICR to OMB for
review and approval according to the
procedures prescribed in 5 CFR 1320.12.
On May 9, 2011 (76 FR 26900), EPA
sought comments on this ICR pursuant
to 5 CFR 1320.8(d). EPA received no
comments. Any additional comments on
this ICR should be submitted to both
EPA and OMB within 30 days of this
notice.
EPA has established a public docket
for this ICR under docket ID number
EPA–HQ–OECA–2011–0218, which is
available for public viewing online at
https://www.regulations.gov, in person
viewing at the Enforcement and
Compliance Docket in the EPA Docket
Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Avenue NW.,
Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Reading Room is (202) 566–1744, and
the telephone number for the
Enforcement and Compliance Docket is
(202) 566–1752.
Use EPA’s electronic docket and
comment system at https://
www.regulations.gov, to either submit or
view public comments, access the index
listing of the contents of the docket, and
to access those documents in the docket
that are available electronically. Once in
the system, select ‘‘docket search,’’ then
key in the docket ID number identified
above. Please note that EPA’s policy is
that public comments, whether
submitted electronically or in paper,
will be made available for public
viewing at https://www.regulations.gov
as EPA receives them and without
change, unless the comment contains
copyrighted material, Confidential
Business Information (CBI), or other
information whose public disclosure is
restricted by statute. For further
information about the electronic docket,
go to https://www.regulations.gov.
Title: NSPS for Metallic Mineral
Processing Plants (Renewal).
ICR Numbers: EPA ICR Number
0982.10, OMB Control Number 2060–
0016.
ICR Status: This ICR is scheduled to
expire on December 31, 2011. Under
OMB regulations, the Agency may
continue to conduct or sponsor the
collection of information while this
submission is pending at OMB.
Abstract: The New Source
Performance Standards (NSPS) for
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77820-77823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32062]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2004-0015 and EPA-HQ-OAR-2004-0016; FRL-9506-5]
Agency Information Collection Activities; Proposed Collections;
Comment Request; State Operating Permit Program (Renewal) and Federal
Operating Permit Program (Renewal)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that the EPA is planning
to submit a request to renew two existing approved Information
Collection Requests (ICR) to the Office of Management and Budget (OMB).
The two ICRs are scheduled to expire on April 30, 2012. Before
submitting the two ICRs to OMB for review and approval, the EPA is
soliciting comments on specific aspects of the proposed information
collections as described below.
DATES: Comments must be submitted on or before February 13, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0015 (for the part 70 state program) or Docket ID No. EPA-HQ-
OAR-2004-0016 (for the part 71 Federal program), by one of the
following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Email: a-and-r-docket@epa.gov.
Fax: (202) 566-9744.
Mail: U.S. Environmental Protection Agency, Air and
Radiation Docket and Information Center, Mailcode: 2822T, 1200
Pennsylvania Ave. NW., Washington, DC 20460. Attention: Docket ID No.
EPA-HQ-OAR-2004-0015 (for Part 70) or Docket ID No. EPA-HQ-OAR-2004-
0016 (for Part 71). Please include a total of two copies.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2004-0015 for the ICR renewal for the part 70 state permitting program
or EPA-HQ-OAR-2004-0016 for the ICR renewal for the part 71 Federal
(EPA) permitting program. 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 https://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
https://www.regulations.gov or email. The https://www.regulations.gov Web
site is an ``anonymous access'' system, which means the EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email comment directly to the EPA
without going through https://www.regulations.gov, your email 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, the 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 the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the 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 the
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Mr. Jeff Herring, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-05),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-3195; fax number: (919) 541-5509;
email address: herring.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
How can I access the docket and/or submit comments?
The EPA has established a public docket for the Part 70 ICR renewal
under Docket ID No. EPA-HQ-OAR-2004-0015 and a public docket for the
Part 71 ICR renewal under Docket ID No. EPA-HQ-OAR-2004-0016, which are
available for online viewing at https://www.regulations.gov, or in
person viewing at the Air and Radiation Docket in the EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC The EPA/DC 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 Public Reading Room is (202) 566-1744.
Use https://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 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 the EPA particularly interested in?
Pursuant to section 3506(c)(2)(A) of the PRA, the 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. In particular, the EPA is requesting comments
from very small businesses (those that employ less than 25) on examples
of specific additional efforts that the EPA could make to reduce the
paperwork burden for very small businesses affected by this collection.
What should I consider when I prepare my comments for the 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 the 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 does this apply to?
Affected entities: Entities potentially affected by this action are
those which
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must apply for and obtain an operating permit under title V of the
Clean Air Act (Act). These, in general, include sources which are
defined as ``major'' under any title of the Act.
Title: Part 70 State Operating Permit Program (Renewal) and Part 71
Federal Operating Permit Program (Renewal).
ICR number: For the Part 70 regulations, EPA ICR No. 1587.12 and
OMB Control No. 2060-0243. For the Part 71 regulations, EPA ICR No.
1713.10 and OMB Control No. 2060-0336.
ICR status: The two ICRs are both scheduled to expire on April 30,
2012.
Abstract: Title V of the Act requires states to develop and
implement a program for issuing operating permits to all sources that
fall under any Act definition of ``major'' and certain other non-major
sources that are subject to federal air quality regulations. The Act
further requires the EPA to develop regulations that establish the
minimum requirements for those state operating permits programs, to
oversee implementation of the state programs, and to operate a federal
operating permits program in areas not subject to an approved state
program. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information request unless it
displays a currently valid OMB control number. The OMB control numbers
for the EPA's regulations in 40 CFR are listed in 40 CFR part 9 and 48
CFR chapter 15. The EPA regulations setting forth requirements for the
state operating permit program are at 40 CFR part 70 and the EPA
regulations setting forth the requirements for the federal (EPA)
operating permit program are at 40 CFR part 71. The part 70 program is
designed to be implemented primarily by state and local permitting
authorities in all areas where they have jurisdiction. The part 71
program is designed to be implemented primarily by the EPA in all areas
where state and local agencies do not have jurisdiction, such as Indian
Country and offshore beyond states' seaward boundaries.
In order to receive an operating permit for a major or other source
subject to either of the permitting programs, the applicant must
conduct the necessary research, perform the appropriate analyses and
prepare the permit application with documentation to demonstrate that
their project meets all applicable statutory and regulatory
requirements. Specific activities and requirements are listed and
described in the Supporting Statements for the two ICRs.
State and local agencies under part 70 and the EPA (or a delegate
agency) under part 71 review permit applications, provide for public
review of proposed permits, issue permits based on consideration of all
technical factors and public input, and review information submittals
required of sources during the term of the permit. Also, under part 70,
the EPA reviews certain actions of the state and local agencies and
provides oversight of the programs to ensure that they are being
adequately implemented and enforced. Under part 71, the EPA reviews
certain actions and performs oversight for any delegate agency,
consistent with the terms of a delegation agreement. Consequently,
information prepared and submitted by sources is essential for sources
to receive permits, and for Federal, state, and local permitting
agencies to adequately review the permit applications and thereby
properly administer and manage the program.
Since the previous renewal of this ICR, the EPA has promulgated two
changes to the part 70 and 71 regulations: the Flexible Air Permits
rule and the Greenhouse Gas (GHG) Tailoring rule. The first rule
provides a mechanism for sources to establish provisions in their
operating permits that result in fewer permit revisions necessary
during the term of the permit. The second rule establishes levels where
GHG emissions trigger permitting requirements. The information
collection requirements for these regulatory revisions were approved by
OMB after the approval of the 2007 ICR renewal and those approved
changes are included and updated in these ICR renewals. Also, the
previous part 71 ICR renewal identifed the EPA as the sole permitting
authority, while this part 71 renewal identifies the EPA and one
delegate agency, the Navajo Nation, as permitting authorities (the EPA
continues to serve as a permitting authority in all areas, while the
delegate agency serves as a permitting authority in a limited portion
of Indian country).
Information that is collected is handled according to the EPA's
policies set forth in title 40, chapter 1, part 2, subpart B--
Confidentiality of Business Information (see 40 CFR part 2). See also
section 114(c) of the Act.
Burden Statement: Burden means the total time, effort or financial
resources expended by persons to generate, maintain, retain or disclose
or provide information to or for a federal agency. This includes the
time needed to review instructions; develop, acquire, install and
utilize technology and systems for the purposes of collecting,
validating and verifying information, processing and maintaining
information and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
The annual public reporting and recordkeeping burden for the
collection of information under parts 70 and part 71 is broken down as
follows:
------------------------------------------------------------------------
Type of permit action Part 70 Part 71
------------------------------------------------------------------------
Permitting Authority:
Number of Sources................... 15,940 174
Burden Hours per Response:
Sources............................. 250 215
Permitting Authority................ 84 94
Total Annual Burden Hours:
Sources............................. 3,977,118 37,413
Permitting Authority................ 1,334,766 1,318 \a\
------------------------------------------------------------------------
Any minor discrepencies are due to rounding.
------------------------------------------------------------------------
\a\ Only delegate agency burden is shown for part 71.
Respondents/Affected Entities: Industrial plants (sources); state,
local, and tribal permitting authorities.
Estimated Number of Respondents: For part 70, there are 15,940
sources and 112 state and local permitting authorities. For part 71,
there are 174 industry sources and 1 tribal delegate permitting
authority (the EPA serves as
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a permitting authority but is not a respondent).
Estimated Total Annual Burden: For part 70, the total annual burden
for sources and state and local permitting authorities is 5,311,884
hours and the total annual cost is $226,736,622. For part 71, the total
annual burden for sources and the one delegate agency (tribal) is
38,731 hours and the total annual cost is $1,865,183.
Are there changes in the estimates from the last approval?
Since the last renewal of the part 70 ICR (in 2007), there is a
decrease of 214 thousand hours (or about a 4 percent decrease) of
annual respondent burden. This change is primarily due to an updated
estimate of the number of permits expected compared to the last ICR
renewal. To a lesser extent, this decrease is due to reduced permit
renewal activity related to implementation of the Flexible Permits
rule. Although the GHG Tailoring rule increased the number of source
respondents by 552, the increase in burden was more than offset by the
decrease in burden from the updated estimate of the number of permits
and the decreased burden from the implementation of the Flexible Air
Permits rule. Also, the annual per respondent burden has changed very
little since the last part 70 ICR renewal (248 hours previously
compared to the new estimate of 250 hours or about a 1 percent
increase).
Since the last renewal of the part 71 ICR (in 2007), there is an
increase of 10 thousand hours of total annual respondent burden (about
a 36 percent increase). This is primarily due to an updated estimate of
the number of permits expected (123 permits in the prior renewal versus
174 permits in this renewal or a 42 percent increase), which is due to
increased energy development (oil and gas exploration and alternative
energy development) in offshore areas under the EPA jurisdiction. In
the current part 71 renewal, the Flexible Air Permits rule and the GHG
Tailoring rule result in nearly offseting decreases and increases in
burden. Also, even though the total annual burden has increased
compared to the prior ICR renewal, the annual per source burden has
decreased by about 3 percent.
What is the next step in the process for this ICR?
The EPA will consider the comments received 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, the EPA
will issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICRs 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: December 8, 2011.
Mary E. Henigin,
Acting Office Director, Office of Air Quality Planning and Standards.
[FR Doc. 2011-32062 Filed 12-13-11; 8:45 am]
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