Prevention of Significant Deterioration and Non-Attainment New Source Review (Final Rule for Flexible Air Permits)

Forms and Documents

Document Name	Status
FAP_SS.doc Supporting Statement A	2008-12-09

IC Document Collections

IC ID	Document Title	Status
24012	Minor New Source Review for Sources	Modified
185988	Part C (Prevention of Significant Deterioration) for Reviewing Authorities	Modified
185987	Part C (Prevention of Significant Deterioration) for Sources	Modified
184037	SIP revisions by Reviewing Authorities	Modified
184036	Part D (Nonattainment) for Reviewing Authorities	Modified
184035	Part D (Nonattainment) for Sources	Modified
184034	Minor New Source Review for Reviewing Authorities	Modified

ICR Details

OMB Control No: 2060-0003	ICR Reference No: 200910-2060-006
Status: Historical Active	Previous ICR Reference No: 200808-2060-001
Agency/Subagency: EPA/OAR	Agency Tracking No: 1230.26
Title: Prevention of Significant Deterioration and Non-Attainment New Source Review (Final Rule for Flexible Air Permits)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/19/2009
	Date Received in OIRA: 10/19/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2012	10/31/2011	10/31/2011
Responses	147,237	0	150,821
Time Burden (Hours)	5,619,817	0	5,951,068
Cost Burden (Dollars)	11,396,000	0	11,396,000

---

Abstract: This ICR pertains to the final Flexible Air Permits rulemaking whereby EPA seeks to promote flexible air permitting approaches that provide greater operational flexibility and, at the same time, ensure environmental protection and compliance with applicable laws. The final rulemaking affects the approved burden estimates for three EPA permitting programs: (1) the New Source Review (NSR) programs codified in parts 51 and 52 of title 40 of the Code of Federal Regulations (40 CFR parts 51 and 52); (2) the State Operating Permit Program codified in 40 CFR part 70; and (3) the Federal Operating Permit Program codified in 40 CFR part 71. This ICR addresses the effects of the final rule on the NSR programs. The NSR program requirements in 40 CFR parts 51 and 52 govern the state and federal programs for preconstruction review and permitting of major new and modified sources pursuant to Part C "Prevention of Significant Deterioration" and Part D "Program Requirements for Nonattainment Areas" of Title I of the Clean Air Act. Although we are not finalizing any revisions to the existing NSR regulations, we are encouraging sources of air pollution who are subject to NSR permitting and state and local reviewing authorities who issue such permits to investigate in more depth the flexibilities currently available under the existing NSR regulations. As a result, we expect the final rule to result in a decrease in burden for sources and state and local reviewing authorities related to NSR permit actions. Accordingly, this ICR revises the existing, approved ICR for the NSR programs.

---

Authorizing Statute(s): US Code: 42 USC 7401 - 7671q Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AM45	Final or interim final rulemaking	74 FR 51418	10/06/2009

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Minor New Source Review for Sources
Part C (Prevention of Significant Deterioration) for Sources
Part C (Prevention of Significant Deterioration) for Reviewing Authorities
Part D (Nonattainment) for Sources
Part D (Nonattainment) for Reviewing Authorities
Minor New Source Review for Reviewing Authorities
SIP revisions by Reviewing Authorities

---

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	147,237	150,821	0	-3,584	0	0
Annual Time Burden (Hours)	5,619,817	5,951,068	0	-331,251	0	0
Annual Cost Burden (Dollars)	11,396,000	11,396,000	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: As a result of the final Flexible Air Permits rule, we estimate that 5 percent of existing major sources will voluntarily obtain an NSR permit that authorizes ("advance approves") a range of future physical or operational changes at the source without further review or approval. After the initial burden of obtaining the advance approval permit, the sources will be able to make the authorized changes without incurring the burden that would have resulted from obtaining NSR permits for those changes in the absence of the advance approval permit. The overall effect of the advance approval permit will be a net reduction in burden for the sources. Similarly, after the initial burden associated with issuing advance approval NSR permits, state and local reviewing authorities will experience reduced burden associated with the NSR permits that subsequently are not needed by the sources. The overall effect will be a net reduction in burden for the reviewing authorities. The advance approval NSR permits must be incorporated into the sources' Part 70 or Part 71 operating permits as well. The burden related to this incorporation and the subsequent burden reductions for forgone permit revisions are addressed in the ICRs for those programs.

---

Annual Cost to Federal Government: $847,198

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

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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: 12/10/2008

---