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.