Revisions to the Regional Haze Regulations (Final Rule)

Forms and Documents

Document Name	Status
2540ss02.docx Supporting Statement A	2016-11-30

IC Document Collections

IC ID	Document Title	Status
221374	Proposed Revisions to the Regional Haze Regulations	Unchanged

ICR Details

OMB Control No: 2060-0704	ICR Reference No: 201912-2060-001
Status: Historical Active	Previous ICR Reference No: 201611-2060-015
Agency/Subagency: EPA/OAR	Agency Tracking No: 2540.02
Title: Revisions to the Regional Haze Regulations (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/02/2019
	Date Received in OIRA: 12/02/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2022	36 Months From Approved
Responses	17	0	0
Time Burden (Hours)	5,974	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Subpart P of 40 CFR 51, Protection of Visibility, also known as the regional haze rule, is the subject of this clearance request. In the next three years, activities conducted by the states, Federal Land Managers (FLMs), and the EPA will focus on submitting SIP revisions and progress reports for regional haze. 40 CFR 51.308 (f) requires states to develop regional haze implementation plan revisions evaluating and reassessing reasonable progress goals, calculations of baseline and natural visibility conditions, the long-term strategy, the monitoring strategy and other implementation plan requirements. There are similar reporting requirements under 40 CFR 51.309, a section of the regional haze rule in which three states (Utah, Wyoming, and New Mexico) elected to submit their SIPs. Under section 309, these states adopted regional haze strategies for the period from 2003 to 2018 for sulfur dioxide emissions. These strategies are based on recommendations from the Grand Canyon Visibility Transport Commission (GCVTC) for protecting the 16 Class I areas in the Colorado Plateau area. During the next three years, fourteen states will also be responsible for submitting progress reports. 40 CFR 51.308 (g) requires states to develop periodic reports evaluating progress towards the reasonable progress goals for improving visibility in Class I areas inside the state and in neighboring states, and 40 CFR 51.309(d)(10) requires similar actions on the part of the 3 states that submitted regional haze SIPs under 40 CFR 51.309.

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Authorizing Statute(s): US Code: 40 USC 7401 et seq Name of Law: Clean Air Act, Section 169A
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AS55	Final or interim final rulemaking	82 FR 3078	01/10/2017

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Proposed Revisions to the Regional Haze Regulations

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	17	0	0	17	0	0
Annual Time Burden (Hours)	5,974	0	0	5,974	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: Final changes to the regional haze rule include: a 3-year extension of the deadline for state submittal of periodic comprehensive SIP revisions (from July 31, 2018 to July 31, 2021); a change in submission deadlines for progress reports and removal of the requirement that progress reports be submitted as SIP revisions; discontinuance of the 1980s-era requirement for 36 states and territories with Class I areas to submit SIP revisions every 10 years that assess whether reasonably attributable visibility impairment (RAVI) is occurring and removal of the obligation for the EPA to periodically assess RAVI for the 20 states that never committed to meet this requirement; extension to the remaining 16 states the ability of a FLM to certify to a state that RAVI is occurring and thereby trigger a requirement for a responsive SIP revision; and clarification of several terms in the current rule text and updating of cross references. Under the final rule, the SIPs revisions for all states due by July 31, 2018 will instead be due by July 31, 2021. As a result, activities conducted by the states, Federal Land Managers (FLMs), and the EPA will shift from focusing on actual submittal of SIP revisions to focusing on early analysis to support SIP revision development, although some states (particularly eastern states) may still elect to submit on or near the current 2018 deadline. Under the pre-existing and final rules, 40 CFR 51.308(g) also requires states to develop periodic reports evaluating progress towards the reasonable progress goals for improving visibility in Class I areas inside the state and in neighboring states. The timing of these progress reports due during the period 2016-2019 will not change under the final rule. There are similar reporting requirements under 40 CFR 51.309, a section of the regional haze rule in which three states (Utah, Wyoming, and New Mexico) elected to submit their SIPs, and its requirements for the period 2016-2019 are being altered by the final rule in that the progress reports that would otherwise have been due in 2018 are being eliminated. Other sections of 40 CFR 51 relate to reasonably attributable visibility impairment (RAVI). Under the final rule, all states will potentially be subject to FLM certifications of RAVI, as opposed to the current 36. The historical rarity of a RAVI certification implies that no additional RAVI certifications would occur during the 3-year period at issue and likely no RAVI certifications even if the pre-existing rule were to have remained in place. With all of these final changes considered, the overall burden on states represents a reduction compared to what would otherwise occur if the provisions of the pre-existing rule were to have stayed in place. See Table 7.1 for an estimate of these reductions, as had been presented in the proposed rule ICR supporting statement.

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Annual Cost to Federal Government: $343,408

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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: 11/30/2016

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