Federal Operating Permit Regulations (40 CFR part 71) (Final Rule for Flexible Air Permits)

Forms and Documents

Document Name	Status
Form 5900 Federal Operating Permit Regulations (40 CFR part 71) Form and Instruction	Modified
FAP_SS.doc Supporting Statement A	2008-12-09

IC Document Collections

IC ID	Document Title	Status
24463	Federal Operating Permit Regulations (40 CFR part 71) Form and Instruction	Modified

ICR Details

OMB Control No: 2060-0336	ICR Reference No: 200910-2060-005
Status: Historical Active	Previous ICR Reference No: 200706-2060-005
Agency/Subagency: EPA/OAR	Agency Tracking No: 1713.09
Title: Federal Operating Permit Regulations (40 CFR part 71) (Final Rule for Flexible Air Permits)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/19/2009
	Date Received in OIRA: 10/19/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2012	09/30/2010	09/30/2010
Responses	123	0	123
Time Burden (Hours)	26,763	0	27,218
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

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Authorizing Statute(s): US Code: 42 USC 7661 - 7661f Name of Law: Title V of the Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AM45	Final or interim final rulemaking	74 FR 51418	10/06/2009

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Federal Operating Permit Regulations (40 CFR part 71)	5900, 5900, 5900, 5900, 5900, 5900, 5900, 5900, 5900, 5900, 5900, 5900, 5900, 5900	Fee Filing Form ,   General Information and Summary ,   Emissions Unit Description for Fuel Combustion Sources (EUD-1) ,   Emissions Unit Description for VOC Emitting Sources (EUD-2) ,   Emissions Unit Description for Process Sources (EUD-3) ,   Insignificant Emissions (IE) ,   Emissions Calculations (EMISS) ,   Potential to Emit Summary (PTE) ,   Initial Compliance Plan and Compliance Certification (I-COMP) ,   Annual Compliance Certification (A-COMP) ,   Six-Month Monitoring Report (SIXMON) ,   Fee Calculation Worksheet (FEE) ,   Prompt Deviation Report (PDR) ,   Certification of Truth, Accuracy, and Completeness (CTAC)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	123	123	0	0	0	0
Annual Time Burden (Hours)	26,763	27,218	0	-455	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: 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.

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Annual Cost to Federal Government: $523,726

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 12/10/2008

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