[Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
[Notices]
[Pages 11832-11833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7005]
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ENVIRONMENTAL PROTECTION AGENCY
[AD-FRL-5444-9]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Renewal for Application Requirements for the Approval
and Delegation of Federal Air Toxics Programs to State and Local
Agencies
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3506
(c)(2)), this notice announces that EPA is planning to submit the
following continuing Information Collection Request (ICR) to the Office
of Management and Budget (OMB): Renewal for Application Requirements
for the Approval and Delegation of Federal Air Toxics Programs to State
and Local Agencies, OMB No. 2060-0264 (ICR # 1643.02), expiration date
July 31, 1996. Before submitting the ICR to OMB for review and
approval, EPA is soliciting comments on specific aspects of the
proposed information collection as described below.
DATES: Comments must be submitted on or before May 21, 1996.
ADDRESSES: U.S. Environmental Protection Agency, Office of Air and
Radiation, Office of Air Quality Planning and Standards, Information
Transfer and Program Integration Division, Integrated Implementation
Group, MD-12, Research Triangle Park, North Carolina 27711. Interested
persons may obtain a copy of the ICR without charge by contacting
Pamela J. Smith, at (919) 541-5319. Electronic copies of the ICR can be
obtained from the Technology Transfer Network (TTN) Bulletin Board
under ``Recently Signed Rules''.
FOR FURTHER INFORMATION CONTACT: Mr. Gil Wood, (919) 541-5272 (phone)/
(919) 541-4028 (fax).
SUPPLEMENTARY INFORMATION: Affected Entities: Entities potentially
affected by this action are State and local agencies participating in
this voluntary program.
Title: Renewal for Application Requirements for the Approval and
Delegation of Federal Air Toxics Programs to State and Local Agencies,
OMB No. 2060-0264 (ICR # 1643.02), Expiration date July 31, 1996.
Abstract: The rule was developed in accordance with section
112(l)(2) of the Clean Air Act, as amended in 1990, which calls for the
U.S. Environmental Protection Agency (EPA) to ``publish guidance that
would be useful to the States in developing programs. . . allowing for
delegation of the Administrator's authorities and responsibilities to
implement and enforce emissions standards and prevention
requirements.'' Affected entities include State and local agencies
choosing to participate in this voluntary program. No industries are
included among respondents. The approval process consists of selecting
one or any combination of three options that allow the respondent to
adjust or substitute for a Federal rule or program. These three options
include (1) approval of a rule which adjusts a section 112 rule, (2)
approval of a rule which substitutes for a section 112 rule, and (3)
approval of a program which substitutes for some or all of section 112
emission standards. These three approval options vary in the types of
changes allowed and in the level of demonstrations required for
approval. Respondents interested in utilizing this program are required
to submit an application package to the reviewing agency. The contents
of each submission varies with the option(s) chosen. Criteria
applicable to all options include a letter from the State Attorney
General assuring delegation authority, a copy of State statutes,
resource demonstration, implementation schedule, compliance plan, and
enforcement procedures. All submissions are voluntary on the part of
the State or local agency and, therefore, the information collection
requirements apply only to those agencies that voluntarily submit
applications for delegation of authority. All application packages are
submitted to the Administrator for approval. The information is needed
to determine if a State or local agency submitting a request has met
the criteria established in the 40 CFR part 63, subpart E rule. Certain
information is necessary for the Administrator to determine
acceptability of approving State rules or programs in lieu of Federal
rules or programs. This collection is a one-time collection of
information in the application package for the purpose of determining
that the State or local agency has met the criteria specified in the
rule. Resubmission is only required in instances where the State rule
or program has been revised or if the approval has been withdrawn. The
collection of information is authorized under 42 U.S.C. 7401-7671q.
Information obtained by EPA is safeguarded according to the Agency
policies set forth in Title 40, Chapter 1, part 2, subpart B,
Confidentiality of Business Information. See 40 CFR 2; 41 FR 36902,
September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR
42251, September 28, 1978; 44 FR 17674, March 23, 1979.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
The EPA would like to solicit comments to:
(i) evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
[[Page 11833]]
(iii) enhance the quality, utility, and clarity of the information
to be collected; and
(iv) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Burden Statement: As a part of this ICR renewal, the Agency will
evaluate this rulemaking's burden and cost. ``Burden'' means the total
time and effort expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency, including
the time needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
``Cost'' means the value of resources expended to accomplish the tasks
listed above, including the cost of labor and capital expenditures.
States, Tribal entities, and local entities will be the only
affected entities for this rulemaking. Out of 54 States and
Territories, the Agency estimates 40 percent (or 22) States will submit
applications under this program. The Agency also expects each
participating State will submit two applications under Options 1 and 2
during a 1-year period following promulgation of the rule and will
submit a one-time application under Option 3.
Out of 80 local agencies, Indian tribes, etc., the Agency estimates
25 percent (or 20) local agencies, Indian tribes, etc. will submit
applications under this program. It also estimates each participating
agency will submit two applications under Options 1 and 2 during a 1-
year period following promulgation of the rule and submit a one-time
application under Option 3.
The Agency believes these submission estimates establish an upper
bound to the potential scope of this rulemaking since State and local
agencies may choose any combination of the three options and since
reports for approval are expected to decrease in later years.
The Agency estimates the annual burden for the General criteria
common to all options to be 39,608 person-hours per year. The estimated
cost to State and local agencies is $1,269,232 per year.
The annual burden for Option #1, Adjusting a section 112 Rule, is
estimated to be 4,367 person-hours per year. The Agency estimates the
associated cost to State and local agencies is $148,599 per year.
The annual burden for Option #2, Substituting a section 112 rule,
is estimated to be 26,082 person-hours per year. The Agency expects
Option #2 will cost $835,858 per year.
The annual burden and cost for Option #3, Substituting a section
112 program, is estimated to be 8,936 person-hours and $286,354 per
year.
The Agency estimates the annual burden for Review and Withdrawal at
621 person-hours per year, at a cost of $19,899 per year.
The total estimated cost for the three approval options including
General criteria and Review and Withdrawal cost is $2.6 million; or $60
thousand per affected entity. The total burden for all options totals
80 thousand person-hours per year or two thousand person-hours per year
for each affected entity. There may be variations in the annual bottom
line since this is a one-time submittal. Periodic audits may occur at
the discretion of the compliance and enforcement authorities.
Use of this rulemaking allows State and local agencies to gain
approval of State air toxics rules and programs, which they can
implement at a lower costs, thus providing them with a net decrease in
terms of overall program expenditure. Because the above burdens and
costs are based upon the voluntary participation of affected entities,
it is believed that the use of this rulemaking will result in a net
reduction in burden and costs to States, Tribal entities, and local
entities. Additionally, the Agency believes this rulemaking is not
significant because its cost is less than the $25 million significance
level established under Executive Order 12866.
Send comments regarding these matters, or any other aspect of the
information collection, including suggestions for reducing the burden,
to the address listed above.
Dated: March 13, 1996.
Karen Blanchard,
Acting Director, Information Transfer and Program, Integration
Division.
[FR Doc. 96-7005 Filed 3-21-96; 8:45 am]
BILLING CODE 6560-50-P
