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 operate a federal operating permits program in areas not subject
to an approved state program. The EPA regulations setting forth the
requirements for the federal (EPA) operating permit program are at
40 CFR part 71. The part 71 program is designed to be implemented
primarily by the EPA in all areas where state and local agencies do
not have jurisdiction, such as Indian country and offshore beyond
states' seaward boundaries. The EPA may also delegate authority to
implement the part 71 program on its behalf to a state, local or
tribal agency if the agency requests delegation and makes certain
showings regarding its authority and ability to implement the
program. One such delegate agency for the part 71 program exists at
present. In order to receive an operating permit for a major or
other source subject to the part 71 permitting programs, 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. The EPA (or a delegate
agency) reviews permit applications, provides for public review of
proposed permits, issues permits based on consideration of all
technical factors and public input, and reviews information
submittals required of sources during the term of the permit. Also
under part 71, the EPA reviews certain actions and performs
oversight for any delegate agency, consistent with the terms of a
delegation agreement. Consequently, information prepared and
submitted by sources is essential for sources to receive permits,
and for permitting authorities to adequately review the permit
applications and thereby properly administer and manage the
program. This ICR does not affect the existing, approved permit
application and reporting forms for Part 71.
The increase in burden from the
previous ICR renewal is primarily due to updated estimates of the
number of sources and permits, rather than any new federal
mandates. In the last ICR there were 123 sources subject to
administration by the EPA, while this one assumes there will be 174
sources, of which 14 will be subject to delegate agency
administration and 160 subject to EPA administration. Permitting by
the delegate permitting authority accounts for about 1,250 hours in
this ICR renewal, while the previous ICR included no burden for
this type of respondent because no delegate agencies had been
approved at that time.
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.
Form 5900-86 Federal Operating Permit Regulations (40 CFR part 71) - Sources
1713ss10.docx
Federal Operating Permit Regulations (40 CFR part 71) - Sources