ICR for Changes to the 40 CFR Parts 51 and 52 PSD and Nonattainment NSR: Debottlenecking, Aggregation, and Project Netting (Proposed Rule)

Forms and Documents

Document Name	Status
1230ss16.doc Supporting Statement A	2006-09-21

IC Document Collections

IC ID	Document Title	Status
45229	ICR for Changes to the 40 CFR Parts 51 and 52 PSD and Nonattainment NSR: Debottlenecking, Aggregation, and Project Netting (Proposed Rule) (IC3)	New
45228	ICR for Changes to the 40 CFR Parts 51 and 52 PSD and Nonattainment NSR: Debottlenecking, Aggregation, and Project Netting (Proposed Rule) (IC2)	New
24012	ICR for Changes to the 40 CFR Parts 51 and 52 PSD and Nonattainment NSR: Debottlenecking, Aggregation, and Project Netting (Proposed Rule) (IC1)	Modified

ICR Details

OMB Control No: 2060-0003	ICR Reference No: 200609-2060-003
Status: Historical Inactive	Previous ICR Reference No: 200410-2060-005
Agency/Subagency: EPA/OAR	Agency Tracking No: 1230.16
Title: ICR for Changes to the 40 CFR Parts 51 and 52 PSD and Nonattainment NSR: Debottlenecking, Aggregation, and Project Netting (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 12/14/2006
	Date Received in OIRA: 09/27/2006
Terms of Clearance: In accordance with 5 CFR 1320, OMB is withholding approval of this information collection. Prior to the publication of the final rule, the agency must provide to OMB a summary of all comments pertaining to the information collection burden imposed by this rule and any changes made in response to these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2008	36 Months From Approved	07/31/2008
Responses	150,723	0	150,723
Time Burden (Hours)	5,851,126	0	5,851,126
Cost Burden (Dollars)	8,613,000	0	8,613,000

---

Abstract: The EPA is proposing revisions to the regulations governing the major New Source Review (NSR) program mandated by parts C and D of title I of the Clean Air Act (NSR). There are three elements of the proposal that could potentially enable a source to avoid having to submit a major NSR permit application that would otherwise have to be completed because of a project’s significant net emissions increase. These include: (1) “debottlenecking” - a proposal to change how emissions from emissions units upstream or downstream from those units undergoing a physical change or change in the method of operation are included in the calculation of an emissions increase for the project; (2) “aggregation” - a proposed clarification of existing policy of when emissions increases from multiple projects must be aggregated together to determine NSR applicability; and (3) “project netting” - a proposed revision to the way increases and decreases in emissions resulting from a project would be considered as part of the two-step netting process to determine whether a significant net emissions increase would result. The proposed changes are intended to improve implementation of the NSR program by articulating and codifying principles for determining major NSR applicability that we currently address through guidance only. Together, the changes represent a potential decrease in burden to sources and State and local reviewing authorities related to permit actions. The changes also represent a one-time increase in burden to States and other reviewing authorities to revise the NSR rules in applicable State implementation plans.

---

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

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AL75	Proposed rulemaking	71 FR 54235	09/14/2006

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
ICR for Changes to the 40 CFR Parts 51 and 52 PSD and Nonattainment NSR: Debottlenecking, Aggregation, and Project Netting (Proposed Rule) (IC2)
ICR for Changes to the 40 CFR Parts 51 and 52 PSD and Nonattainment NSR: Debottlenecking, Aggregation, and Project Netting (Proposed Rule) (IC1)
ICR for Changes to the 40 CFR Parts 51 and 52 PSD and Nonattainment NSR: Debottlenecking, Aggregation, and Project Netting (Proposed Rule) (IC3)

---

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: As a result of the revisions being proposed to the NSR applicability requirements, we estimate that there will be two less permit applications filed each year- one for PSD, the other for nonattainment NSR for the 3-year ICR period. This means that the revisions concerning the way emissions changes (resulting from a project at a source) are considered will enable approximately two projects (annually) to calculate net emissions increases that are not significant increases requiring a major NSR permit to construct. We are concluding, however, that States will each incur a one-time increased burden associated with having to revise their NSR rules within the State implementation plan in accordance with the proposed regulatory changes.

---

Annual Cost to Federal Government: $1,143,691

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: 09/21/2006

---