This is an emergency information
collection request renewal for the section 112(j) regulations. EPA
will prepare an ICR renewal through the normal process, including
public notice and comment, during the period this emergency ICR is
in effect. The previous ICR, OMB Control No. 2060-0266 (EPA ICR
#1648.04), was allowed to expire May 2005. At that time, it
appeared that the underlying 112(j) rule for which this ICR was
necessary would no longer be utilized to collect information as all
the major source MACT standards had either been promulgated or were
to be promulgated before any application would be due under the
112(j) regulations. Thus, it appeared that the section 112(j)
regulations had essentially become unnecessary as the need for
applications for case-by-case MACT no longer existed. However, EPA
did not envision the consequence of completely vacated MACT
standards on the section 112(j) regulations. A series of court
decisions have vacated standards for 4 MACT source categories: 1)
polyvinyl chloride and copolymers production, 2) brick and
structural clay products manufacturing, 3) clay ceramics
manufacturing, and 4) industrial, commercial, and institutional
boilers and process heaters. The complete vacatur of these rules
triggers the requirements of CAA section 112(j) and reinstates the
need for the 112(j) regulations. Thus, there is a need for renewal
of the ICR. Renewing an ICR using the normal process would take
several months and entail two Federal Register notices and a public
comment period. Such a delay would hamper the ability of the states
and EPA to get case-by-case MACT limits into source permits and
would result in a period of uncertainty for States, the regulated
industry, and the public in terms of their respective obligations
and/or enforcement authorities. It would also be inconsistent with
the statutory requirements of section 112(j). This ICR supports the
regulations to implement section 112(j) (40 CFR part 63, subpart B,
63.50-56). It addresses the information collection burden (hours
and costs) to industry respondents subject to these provisions;
State and Local agencies that review applications made under these
provisions; and the EPA oversight review of a percentage of
State/Local decisions.
This is an emergency
information collection request renewal for the section 112(j)
regulations. EPA will prepare an ICR renewal through the normal
process, including public notice and comment, during the period
this emergency ICR is in effect. The previous ICR, OMB Control No.
2060-0266 (EPA ICR #1648.04), was allowed to expire May 2005. At
that time, it appeared that the underlying 112(j) rule for which
this ICR was necessary would no longer be utilized to collect
information as all the major source MACT standards had either been
promulgated or were to be promulgated before any application would
be due under the 112(j) regulations. Thus, it appeared that the
section 112(j) regulations had essentially become unnecessary as
the need for applications for case-by-case MACT no longer existed.
However, EPA did not envision the consequence of completely vacated
MACT standards on the section 112(j) regulations. A series of court
decisions have vacated standards for 4 MACT source categories: 1)
polyvinyl chloride and copolymers production, 2) brick and
structural clay products manufacturing, 3) clay ceramics
manufacturing, and 4) industrial, commercial, and institutional
boilers and process heaters. The complete vacatur of these rules
triggers the requirements of CAA section 112(j) and reinstates the
need for the 112(j) regulations. Thus, there is a need for renewal
of the ICR. Renewing an ICR using the normal process would take
several months and entail two Federal Register notices and a public
comment period. Such a delay would hamper the ability of the states
and EPA to get case-by-case MACT limits into source permits and
would result in a period of uncertainty for States, the regulated
industry, and the public in terms of their respective obligations
and/or enforcement authorities. It would also be inconsistent with
the statutory requirements of section 112(j). This ICR supports the
regulations to implement section 112(j) (40 CFR part 63, subpart B,
63.50-56). It addresses the information collection burden (hours
and costs) to industry respondents subject to these provisions;
State and Local agencies that review applications made under these
provisions; and the EPA oversight review of a percentage of
State/Local decisions. This ICR includes about 60,500 affected
sources, estimated to be potentially subject to the section 112(j)
rule, that we anticipate may need to perform the reporting that the
rule requires. We estimate up to about 60,500 affected sources may
have to prepare and submit Part 1 and Part 2 title V permit
applications. It should be noted that the number of affected
sources is greater than the number of facilities or plant sites
affected, since a plant site can contain numerous affected sources
and be affected by multiple MACT standards. We have determined
estimated costs based on the number of affected sources; however,
we believe that the actual cost will be somewhat less for
facilities that contain several affected sources. The average
administrative cost per affected source to perform the reporting is
estimated to be $2,163. Total estimated administrative costs for
existing sources may be up to $130,880,000 for all affected sources
in all affected source categories over the next three years.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
1648.05 emergency justification.doc
Section 112(j): Respondents