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