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Agency Information Collection Activities; Proposed Collection; Comment Request; Requirements for Control Technology Determinations from Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j); EPA ICR No. 1648.06, OMB Control No. 2060-0266

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Information about this document as published in the Federal Register.

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This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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Environmental Protection Agency (EPA).




In compliance with the Paperwork Reduction Act (44 U.S.C. 3501, et seq.), this document announces that EPA is planning to submit a request to reinstate an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The existing ICR expired on May 31, 2005. 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.


Comments must be submitted on or before January 2, 2008.


Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2002-0038, by one of the following methods:

  • Follow the on-line instructions for submitting comments.
  • E-mail:, Attention Docket ID No. EPA-HQ-OAR-2002-0038.
  • Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OAR-2002-0038.
  • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Air and Radiation Docket and Information Center, 1200 Pennsylvania Ave., NW., Mail Code 2822T, Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2002-0038.
  • Hand Delivery: U.S. Environmental Protection Agency Docket Center, Public Reading Room, EPA West Building Room 3334, 1301 Constitution Ave., NW., Washington, DC, 20460, Attention Docket ID No. EPA-HQ-OAR-2002-0038. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-2002-0038. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through, or e-mail. Send or deliver information identified as CBI only to the following address: Mr. Roberto Morales, OAQPS Document Control Officer, U.S. EPA (C404-02), Attention Docket ID No. EPA-HQ-OAR-2002-0038, Research Triangle Park, NC 27711. Clearly mark the part or all of the information that you claim to be CBI. The Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

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Rick Colyer, U.S. EPA, Office of Air Quality Planning and Standards, Sector Policy and Programs Division, Program Design Group, D205-02, Research Triangle Park, North Carolina 27711, telephone number (919) 541-5262, e-mail

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How Can I Access the Docket and/or Submit Comments?

EPA has established a public docket for this ICR under docket ID number EPA-HQ-OAR-2002-0038. The docket Start Printed Page 62227is available for online viewing at, or in person viewing at the EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742.

Use to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document.

What Information is EPA Particularly Interested in?

Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act (PRA), EPA is soliciting comments and information to enable it 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;

(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 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. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) or examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection.

What Should I Consider when I Prepare my Comments for EPA?

You may find the following suggestions helpful for preparing comments:

1. Explain your views as clearly as possible and provide specific examples.

2. Describe any assumptions that you used.

3. Provide copies of any technical information and/or data you used that support your views.

4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide.

5. Offer alternative ways to improve the collection activity.

6. Make sure to submit your comments by the deadline identified under DATES.

7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

To What Information Collection Activity or ICR Does this Apply?

Affected entities: Entities potentially affected by this action are major sources of hazardous air pollutants (HAPs) in the following source categories: Polyvinyl chloride and copolymers production; brick and structural clay products manufacturing; clay ceramics manufacturing; and industrial, commercial, and institutional boilers and process heaters. A major source is one that has the potential to emit more than 10 tons per year of any HAP, 25 tons per year for the total of all HAP, or amounts exceeding any lesser quantity cutoff established pursuant to § 112(a)(1) of the CAA.

Title: Information Collection Request for Requirements for Control Technology Determinations from Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j).

ICR numbers: EPA ICR No. 1648.06, OMB Control No. 2060-0266.

ICR status: The previous ICR expired on May 31, 2005. 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 in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulation is consolidated in 40 CFR part 9.

Abstract: The regulations governing section 112(j) case-by-case MACT determinations were promulgated on May 20, 1994 (59 FR 26449), and amended last on May 30, 2003 (68 FR 32586).

The affected entities of this ICR are major sources of polyvinyl chloride and copolymers production; brick and structural clay products manufacturing; clay ceramics manufacturing; and industrial, commercial, and institutional boilers and process heaters. Previous MACT standards for these source categories have been vacated by the U.S. Court of Appeals for the District of Columbia Circuit. Sources previously subject or that would have been subject to those MACT standards would be those entities affected by this ICR.

Owners and operators of affected sources must submit title V permit applications or amendments and comply with terms and conditions established under those permits or modifications related to case-by-case MACT. The terms and conditions can include performance testing, monitoring, recordkeeping, and reporting. Because the time it will take to develop and amend permits and time allowed for compliance with the case-by-case MACT for existing sources will exceed the term of this ICR, it is not anticipated that this ICR will cover those activities. We anticipate that this ICR will cover any activities involving the development and submittal of Part 1 and Part 2 permit applications, the permitting authority's development of the permit terms and conditions and permit review and approval.

Burden Statement: Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions to; 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 which have subsequently changed; 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.

The ICR Supporting Statement provides an explanation of the Agency's estimate, that is only briefly summarized here:

Estimated total number of potential respondents: 20,000.

Frequency of response: One time.

Estimated total average number of responses for each respondent: One title V application or amendment (Part 1 and Part 2 application combined).

Estimated total annual burden hours: 1,127,333.

Estimated total annual costs: $65,636,200. Start Printed Page 62228

Are There Changes in the Estimates from the Last Approval?

The previous ICR covered only Part 1 applications. This ICR covers both Part 1 and Part 2 applications as well as the permitting authorities' review and approval of those applications, development of case-by-case MACT, public notice and comment, and issuance of the final permit. The burden between the previous ICR and this ICR are very significant primarily because they cover different activities.

What is the Next Step in the Process for this ICR?

EPA will consider any comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

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Dated: October 29, 2007.

Joseph A. Sierra,

Acting Director, Collection Strategies Division.

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[FR Doc. E7-21608 Filed 11-1-07; 8:45 am]