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