View Information Collection Request (ICR) Package

OMB Control No: 2060-0336	ICR Reference No: 202211-2060-015
Status: Active	Previous ICR Reference No: 201905-2060-021
Agency/Subagency: EPA/OAR	Agency Tracking No: 1713.13
Title: Federal Operating Permit Regulations (40 CFR part 71) (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/26/2024
	Date Received in OIRA: 11/29/2022
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. Upon resubmission of this renewal, the agency must 1) upgrade the supporting statement to align with the general 18 question supporting statement template that the federal government uses for supporting documentation for OMB reviews; and, if electronic reporting is available, 2) provide screen shots of the electronic portal where the reporting requirements are submitted to EPA (with the control number and burden statement).

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2027	36 Months From Approved	06/30/2024
Responses	89	0	93
Time Burden (Hours)	23,845	0	23,707
Cost Burden (Dollars)	0	0	0

Abstract: Title V of the Clean Air Act (Act) requires the EPA to operate a federal operating permits program in areas not subject to an approved state program. The EPA regulations setting forth the requirements for the federal (EPA) operating permit program are at 40 CFR part 71. The part 71 program is designed to be implemented primarily by the EPA in all areas where state and local agencies do not have jurisdiction, such as Indian country and offshore, beyond states seaward boundaries. The EPA may also delegate authority to implement the part 71 program on its behalf to a state, local or tribal agency, if the agency requests delegation and makes certain showings regarding its authority and ability to implement the program. One such delegate agency for the part 71 program exists at present. In order to receive an operating permit for a major or other source subject to the permitting program, the applicant must conduct the necessary research, perform the appropriate analyses, and prepare the permit application with documentation to demonstrate that its facility meets all applicable statutory and regulatory requirements. Specific activities and requirements are listed and described in the Supporting Statement for the part 71 ICR. Under part 71, the permitting authority (the EPA or a delegate agency) reviews permit applications, provides for public review of proposed permits, issues permits based on consideration of all technical factors and public input, and reviews information submittals required of sources during the term of the permit. Under part 71, the EPA reviews certain actions and performs oversight of any delegate agency, consistent with the terms of a delegation agreement. Consequently, information prepared and submitted by sources is essential for sources to receive permits, and for federal and tribal permitting agencies to adequately review the permit applications and issue the permits, oversee implementation of the permits, and properly administer and manage the program.

Authorizing Statute(s): US Code: 42 USC 7661 - 7661f Name of Law: Title V of the Clean Air Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 962	01/07/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 73298	11/29/2022
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Federal Operating Permit Regulations (40 CFR part 71) - Delegate Permitting Authorities
Federal Operating Permit Regulations (40 CFR part 71) - Sources	5900-02, 5900-01, 5900-03, 5900-04, 5900-05, 5900-06, 5900-79, 5900-80, 5900-84, 5900-81, 5900-82, 5900-83, 5900-85, 5900-86	, , , , , , , , , , , , ,

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	89	93	-4
Annual Time Burden (Hours)	23,845	23,707	138
Annual Cost Burden (Dollars)	0	0	0

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: There is an increase of 138 hours per year for the estimated respondent burden compared with the ICR currently approved by OMB. This increase is due to updated estimates of the number of sources and permits subject to the part 71 program, rather than any change in federal mandates.

Annual Cost to Federal Government: $1,858,914

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

Agency Contact: Mayesha Choudhury 919 541-5297

View ICR - OIRA Conclusion