This ICR pertains to the final Flexible Air Permits rulemaking whereby EPA seeks to promote flexible air permitting approaches that provide greater operational flexibility and, at the same time, ensure environmental protection and compliance with applicable laws. The final rulemaking affects the approved burden estimates for three EPA permitting programs: (1) the New Source Review (NSR) programs codified in parts 51 and 52 of title 40 of the Code of Federal Regulations (40 CFR parts 51 and 52); (2) the State Operating Permit Program codified in 40 CFR part 70; and (3) the Federal Operating Permit Program codified in 40 CFR part 71.
This ICR addresses the effects of the final rule on the Federal Operating Permit Program. Pursuant to Title V of the Clean Air Act, the Federal Operating Permit Program in 40 CFR part 71 governs operating permits for major sources of air pollutants that are not subject to a state operating permit program that has been approved under Part 70.
The minor revisions to Part 71 are intended to clarify and reaffirm opportunities for accessing operational flexibility under existing regulations. As a result, we expect the final rule to result in a decrease in burden for sources and the EPA (which is the permitting authority for Part 71) related to Part 71 operating permit actions. Accordingly, this ICR revises the existing, approved ICR for the Federal Operating Permit Program.
This ICR does not affect the existing, approved permit application and reporting forms for Part 71.
As a result of the final Flexible Air Permits rule, we estimate that 5 percent of existing major sources with a Part 71 operating permit will voluntarily revise that permit (through a permit modification or at permit renewal) to create a "Tier 1" flexible permit. A Tier 1 flexible permit incorporates the terms and conditions of an "advance approval" New Source Review (NSR) construction permit (i.e., an NSR permit that authorizes ("advance approves") a range of future physical or operational changes at the source without further review or approval under NSR) and adds additional terms and conditions as needed to allow for the changes authorized under NSR to go forward without need of revisions to the Part 71 operating permit. After the initial burden of obtaining a Tier 1 operating permit, the source will be able to make the authorized changes without incurring the burden that would have resulted from obtaining Part 71 operating permit revisions for those changes in the absence of the flexible Tier 1 permit. The overall effect of the flexible Tier 1 operating permits will be a net reduction in burden for the sources.
In addition, we estimate that an additional 10 percent of existing and new major sources subject to Part 71 permitting requirements will obtain simpler, "Tier 2" flexible operating permits. Tier 2 permits do not involve advance approval under NSR, but incorporate flexibility features that improve the operational flexibility of sources without operating permit revisions. The overall effect of a Tier 2 flexible operating permit will be a net reduction in burden for the source because the burden reduction associated with permit revisions that the source avoids due to the flexible permit more than compensates for the burden incurred in obtaining the permit.
Similarly, after the initial burden associated with issuing Tier 1 and Tier 2 flexible operating permits, EPA (the permitting permitting authority under Part 71) will experience reduced burden associated with the revisions to those operating permits that subsequently are not needed by the sources. The overall effect will be a net reduction in burden for EPA.
The burden related to issuing advance approval NSR permits and subsequent burden reductions for forgone NSR permit actions are addressed in the ICR for the NSR program.
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.
Federal Operating Permit Regulations (40 CFR part 71)