EIA submitted an information collection request for extension as required by the Paperwork Reduction Act of 1995. The information collection requests a three-year extension with...
U.S. Energy Information Administration (EIA), U.S. Department of Energy (DOE).
ACTION:
Notice.
SUMMARY:
EIA submitted an information collection request for extension as required by the Paperwork Reduction Act of 1995. The information collection requests a three-year extension with changes of its EIA-860S: State Level Generator Air Permit Inventory Report, OMB Control Number 1905-0215. The voluntary collection will ensure the EIA-860 sampling frame comprehensively covers the power generator population. This request is critically important for enhancing the completeness and accuracy of the EIA-860 sampling frame, particularly in relation to backup generators. The original collection was approved by the Office of Management and Budget on February 12, 2026, under the emergency approval provisions of the Paperwork Reduction Act.
DATES:
Comments on this information collection must be received no later than August 20, 2026. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
(2)
Information Collection Request Title:
Voluntary State Level Generator Air Permit Inventory Report;
(3)
Type of Request:
Three-year extension with changes;
(4)
Purpose:
The central mission of the U.S. Energy Information Administration (EIA), as established by the Department of Energy (DOE) Organization Act of 1977, is to collect, evaluate, assemble, analyze, and disseminate energy data. Section 7135 specifies that, among other characteristics, the data should be relevant to the adequacy of energy resources to meet demand. The EIA-860, Annual Electric Power Industry Report, is a critical tool for this mission, maintaining a census of U.S. electricity generating units with a capacity of 1 megawatt or greater, and informing DOE's emergency response activities, among other purposes.
On February 12, 2026, the Office of Management and Budget (OMB) granted emergency approval under the Paperwork Reduction Act (PRA) for EIA to immediately commence annual data collection on the EIA-860S. The purpose of this urgent collection is to ensure the EIA-860 sampling frame comprehensively covers the power generator population. This emergency request is critically important for enhancing the completeness and accuracy of the EIA-860 sampling frame, particularly in relation to backup generators. While the EIA-860 typically includes backup generators exceeding the 1 MW threshold, many are inconsistently reported or omitted due to capacity limitations or intermittent operation, resulting in significant data gaps. The absence of thorough data on these generators creates a substantial
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void in our understanding of the total U.S. grid capacity and overall resilience. This deficiency could impede effective emergency response and potentially lead to widespread power outages, economic disruptions, and loss of life. The reliable operation of the U.S. electrical grid is critically dependent on detailed information regarding its components, including backup generation facilities. EIA has observed unprecedented increases in electricity demand, with forecasts indicating sustained growth in 2026 and 2027, marking the strongest four-year growth period since the turn of the century. This escalating demand, coupled with existing capacity challenges, places significant strain on the national electric grid, posing risks to national and economic security.
These concerns are underscored by three Executive Orders issued by President Donald J. Trump: Executive Order 14156, “Declaring a National Energy Emergency” (January 20, 2025), which cites “precariously inadequate and intermittent energy supply, and an increasingly unreliable grid”; Executive Order 14262, “Strengthening the Reliability and Security of the United States Electric Grid” (April 8, 2025), which highlights the strain on the grid from increased demand and the risk of unreliability; and Executive Order 14365, “Ensuring a National Policy Framework for Artificial Intelligence” (December 11, 2025), which notes an “unprecedented surge in electricity demand driven by rapid technological advancements, including the expansion of artificial intelligence data centers and increase in domestic manufacturing.”
Further emphasizing the urgency are the 40 emergency orders issued by DOE under section 202(c) of the Federal Power Act (FPA) since January 2025, a stark increase compared to one such order in each of 2023 and 2024. These orders, affecting regions nationwide, inherently signify official declarations of an “emergency” within the electric power system.
Due to the unanticipated nature of these circumstances and the urgent need to improve the sampling frame of the EIA-860 survey, EIA was unable to allow for the time periods normally required for clearance under the PRA before collecting this information. The approval granted by OMB is through August 31, 2026. EIA now seeks to extend clearance for the survey for an additional three years as an annual voluntary standby form. The implementation of this annual voluntary standby form will enable EIA to periodically collect administrative data, thereby enhancing the EIA-860 frame's completeness and accuracy through rigorous reconciliation and validation processes, while preserving the fundamental purpose and structural integrity of the primary EIA-860 survey.
(4a) Changes to Information Collection: Based on feedback received during the emergency data collection and the 60-day
Federal Register
Notice (FRN) comment period, EIA has revised this information collection to improve data accuracy and reduce respondent burden. Specifically, the estimated number of respondents has increased from 56 to 150 to account for jurisdictions where counties and regional air districts, rather than state-level agencies, issue air permits. The estimated reporting burden per response was increased from 5 hours to 10 hours, and the reporting status has been changed from mandatory to voluntary. To further mitigate respondent burden, EIA will implement a “web-scraping first” protocol for jurisdictions with public-facing air permit portals; respondents will only be requested to voluntarily report new air permits issued since their last reporting period. Finally, the survey instructions have been clarified to request air permits for all power generators, rather than limiting the scope to backup generators, which better aligns with respondents' standard record-keeping practices;
(5)
Annual Estimated Number of Respondents:
150;
(6)
Annual Estimated Number of Total Responses:
150;
(7)
Annual Estimated Number of Burden Hours:
1,500;
(8)
Annual Estimated Reporting and Recordkeeping Cost Burden:
The cost of the burden hours is estimated to be $142,410 (1,500 burden hours times $94.94 per hour). EIA estimates that respondents will have no additional costs associated with the surveys other than the burden hours and maintenance of the information as part of the normal course of business.