Federal Implementation Plan for Contingency Measures for the Fine Particulate Matter Standards; San Joaquin Valley, in 40 CFR Part 52, Subpart F, 52.249 (Proposed Rule)

Forms and Documents

Document Name	Status
Section 114(a) of the Clean Air Act.pdf Supplementary Document	2023-08-08
2782t01.xlsx Supplementary Document	2023-08-08
2782ss01.docx Supporting Statement A	2023-08-08

IC Document Collections

IC ID	Document Title	Status
261500	Dust Minimization Control Reporting & Recordkeeping Other-Example Instrument	New

ICR Details

OMB Control No:	ICR Reference No: 202308-2009-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/ROSANFRAN	Agency Tracking No: 2782.01
Title: Federal Implementation Plan for Contingency Measures for the Fine Particulate Matter Standards; San Joaquin Valley, in 40 CFR Part 52, Subpart F, 52.249 (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/08/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	3,546	0
Time Burden (Hours)	3,546	0
Cost Burden (Dollars)	0	0

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Abstract: This information collection request (ICR) covers information collection requirements in a Clean Air Act (CAA) Federal Implementation Plan (FIP) for contingency measures for the 1997 annual, 2006 24-hour, and 2012 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) in the San Joaquin Valley PM2.5 nonattainment area in California (40 CFR Part 52, Subpart F, 52.249), herein referred to as the SJV FIP. EPAs proposed FIP would revise an existing control measure in the San Joaquin Valley related to open area dust controls. The San Joaquin Valley Air Pollution Control District (District), the local agency with regulatory authority in the San Joaquin Valley nonattainment area, regulates open areas through its Rule 8051: Open Areas. Rule 8051 provides several options for compliance. EPAs proposed FIP will include provisions to lower the existing applicability threshold of the rule for rural areas from 3.0 acres or larger to 1.0 acres or larger with at least 1000 square feet of disturbed surface area. The revisions to Rule 8051 will only take effect upon an EPA finding that the San Joaquin Valley nonattainment area has failed to attain the PM2.5 NAAQS by the applicable attainment date, failed to make reasonable further progress towards attainment, failed to submit a quantitative milestone report, or failed to meet a quantitative milestone. If the contingency measure is triggered, dust minimization control measures and recordkeeping and annual reporting will be required for the newly regulated parcels when owners or operators disturb the surface of the applicable rural open areas. The potential respondents are owners or operators of open area parcels that range in size between 1.0 and 3.0 acres and which contain at least 1,000 square feet of disturbed surface area. In general, owners or operators that disturb the surface of applicable rural open areas will be required to maintain records of rule compliance consistent with the requirements applicable to those owners or operators already subject to the rule, with two additional requirements. First, the EPA would add a requirement that owners and operators of rural open areas newly subject to the requirements of Rule 8051 pursuant to this FIP use two existing District forms for such recordkeeping, which the EPA intends to adapt for use in connection with this proposed FIP. Second, while the EPA generally would apply the same record retention requirements found in the District rule to newly subject owners and operators i.e., the requirement to maintain records for one year following project completion, except for owners/operators subject to Rule 2520, who must retain records for five years the EPA would also add a requirement that the owners and operators of rural open areas who perform such recordkeeping pursuant to the FIP contingency measure submit copies of the records prepared during a calendar year to the EPA by March 31st of the following year. These records and reports are essential in determining compliance and are required of all sources subject to this proposed FIP that disturb the surface of applicable rural open areas.

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Authorizing Statute(s): US Code: 42 USC 7401 Name of Law: Clean Air Act (CAA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2090-AA05	Proposed rulemaking	88 FR 53431	08/08/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Dust Minimization Control Reporting & Recordkeeping

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ICR Summary of Burden

	Total Request	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	3,546	0	0	3,546	0	0
Annual Time Burden (Hours)	3,546	0	0	3,546	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: This is a new collection request associated with a proposed rulemaking.

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Annual Cost to Federal Government: $93,869

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? No

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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: 08/08/2023

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