Title V of the Clean Air Act requires
states to develop and implement a program for issuing operating
permits to all sources that fall under any Act definition of
"major" and certain other non-major sources that are subject to
federal air quality regulations. The Act further requires the EPA
to develop regulations that establish the minimum requirements for
those state operating permits programs and to oversee
implementation of the state programs. The EPA regulations setting
forth requirements for the state operating permit program are at 40
CFR part 70. In order to receive an operating permit for a major or
other source subject to the part 70 permitting program, the
applicant must conduct the necessary research, perform the
appropriate analyses and prepare the permit application with
documentation to demonstrate that its facility meets all applicable
statutory and regulatory requirements. State and local agencies
under part 70 review permit applications, provide for public review
of proposed permits, issue permits based on consideration of all
technical factors and public input and revew information submittals
required of sources during the term of the permit. Also, the EPA
reviews certain actions of the state and local agencies and
provides oversight of the programs to ensure that they are being
adequately implemented and enforced. Consequently, information
prepared and submitted by sources is essential for sources to
receive permits, and for state, local and tribal permitting
agencies to adequately review the permit applications and thereby
properly administer and manage the program.
The change in burden is a
decrease from the 2007 ICR renewal primarily due to burden
reductions from fewer permit modifications being necessary due to
implementation of the Flexible Air Permits (FAP) rule. During the
period of the 2007 ICR renewal, sources and permitting authorities
were focused on revising existing permits (through significant
modification procedures and renewals) to put flexibility
provisions, authorized by the FAP rule, into existing title V
permits, which partially offset the burden reductions that come
from fewer permit modifications under the FAP rule. During the
period of this ICR renewal, we assume those FAP rule provisions
have been established in the permits (except for a small number of
new sources seeking Tier 2 flexible permits) and, thus, sources and
permitting authorities alike reap the recurring burden reductions
that come from the reduction in the number of significant and minor
permit modifications that must be processed over the period of this
ICR renewal. The effects of the FAP rule are partially offset by
the increased burden resulting from the requirement to permit
GHG-emitting sources, although this burden has been limited by the
GHG Tailoring rule. Nevertheless, the FAP rule still provides a net
reduction in burden for sources and permitting authorities after
taking the GHG Tailoring rule into account. Also affecting the
calculation of burden in this renewal is a change in the source
population and the number of permits issued to part 70 sources
since the last ICR renewal. Recent data shows a decline of almost
900 sources and permits from the levels assumed in the 2007 ICR
renewal, possibly attributable to sources that have ceased
operation due to the recent national economic decline. Also, our
assumption concerning the number of new sources subject to
permitting has changed - we assumed 50 new sources per year in the
2007 renewal, while this renewal assumes 100 new sources per year
(based on recent data collected from permitting authorities).
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.
1587ss12_final part 70 supporting statment 09 24 2012.docx
State Operating Permit Regulations (40 CFR part 70) - Sources