Requirements for Control Technology Determinations from Major Sources in Accordance with Clean Air Act Section 112(j) (Proposed Rule)

Forms and Documents

Document Name	Status
1648ss07.doc Supporting Statement A	2009-11-10

IC Document Collections

IC ID	Document Title	Status
24352	Section 112(j) Control Technology Determinations for Equivalent Emission Limitations by Permit; Private sector	Modified
192387	Section 112(j) Control Technology Determinations for Equivalent Emission Limitations by Permit; State/local/tribal	New

ICR Details

OMB Control No: 2060-0266	ICR Reference No: 201003-2060-011
Status: Historical Inactive	Previous ICR Reference No: 200202-2060-006
Agency/Subagency: EPA/OAR	Agency Tracking No: 1648.07
Title: Requirements for Control Technology Determinations from Major Sources in Accordance with Clean Air Act Section 112(j) (Proposed Rule)
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 05/21/2010
	Date Received in OIRA: 03/30/2010
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates. This action has no effect on any current approvals. In addition, the agency must enter the correct burden estimates in the ROCIS system.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Section 112(j) of the Clean Air Act as amended in 1990 (CAA) requires that if EPA fails to promulgate a standard for a category or subcategory of major sources with 18 months after its scheduled date of promulgation, then sources must submit a title V permit application beginning on that date. States (with approved Title V operating permit programs) or EPA will issue permits containing MACT emission limitations determined on a case-by-case basis to be equivalent to what would have been promulgated by EPA pursuant to Clean Air Act section 112(d). EPA has promulgated regulations implementing section 112(j). Four section 112(d) standards have been vacated by the DC Circuit Court of Appeals. Because these standards have returned to the "status quo" prior to promulgation, the sources in thse source categories must now apply for case-by-case MACT permits under section 112(j).

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Authorizing Statute(s): US Code: 42 USC 7401 Name of Law: 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-AP91	Proposed rulemaking	75 FR 15656	03/30/2010

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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: 2

IC Title	Form No.	Form Name
Section 112(j) Control Technology Determinations for Equivalent Emission Limitations by Permit; Private sector
Section 112(j) Control Technology Determinations for Equivalent Emission Limitations by Permit; State/local/tribal

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: We are requesting an increase in burden due to reinstatement of the previously approved collection.

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Annual Cost to Federal Government: $30,079

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)? No

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: 03/30/2010

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