Agency Information Collection Activities: Proposed Collection; Comment Request; Extension of Application Requirements for the Approval and Delegation of Federal Air Toxics Programs to State, Territorial, Local, and Tribal Agencies

Affected entities: Entities potentially affected by this action are those State, Territorial, Local, and Tribal agencies (S/L/Ts) participating in this voluntary program. Title: Application Requirements for the Approval and Delegation of Federal Air Toxics Programs to State, Territorial, Local, and Tribal Agencies, OMB No. 2060-0264 (ICR No. 1643.04), Expiration date March 31, 2000. Abstract: A rule developed under the authority of section 112(l) of the Clean Air Act, as amended in 1990, calls for us, EPA, to ``publish guidance that would be useful to 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 S/L/Ts choosing to participate in this voluntary program. No industries are included among the respondents. The ICR reflects the approval process codified in 40 CFR 63, subpart E, which we proposed to amend on January 12, 1999 (64 FR 1880). Under the amended process, the S/L/T can select one of five delegation options to implement and enforce the Federal section 112 rule, requirement, or program. These options include:

--Accepting straight delegation of the unchanged Federal standard; --Requesting an adjustment to the Federal standard; --Requesting to substitute S/L/T requirements or rules for the Federal standard; --Requesting to substitute Title V permit or Title V general permit terms and conditions for the Federal standard; or, --Requesting to substitute an S/L/T program for the Federal standard.

In addition, the S/L/T may also request delegation of the 40 CFR part 68 accidental release prevention program using subpart E. When the S/L/ T requests to adjust or substitute requirements under subpart E, they must demonstrate that their changes are as least as stringent as the Federal standard they would replace. The approval options vary in the types of changes allowed and in the level of demonstrations required for approval. Respondents interested in using this program must submit an application package to their EPA Regional Office. We will use this information to determine whether the S/L/T request is approvable according to the criteria specified in subpart E. The intent of this voluntary program is to encourage S/L/Ts to accept delegation of the Federal section 112 standards, and to allow them to adjust or substitute S/L/T requirements when they can be shown to be at least as stringent as the Federal requirements. These provisions for alternatives will help preserve existing S/L/T programs and prevent dual regulation of sources. We also reserve the right to review and withdraw an approved S/L/T rule, program, or requirement if we decide it is not as stringent as the otherwise applicable Federal standard or if the S/L/T is failing to adequately implement or enforce it. In this case, the S/L/T would be asked to submit information regarding permits, monitoring, resources, etc. We will use this information to decide if the rule, program, or requirement should be withdrawn. Our ability to review and withdraw approval is needed to ensure we can satisfy our obligations under the Act to implement and enforce the section 112 requirements. This collection of information is authorized under 42 U.S.C. 7401- 7671q. We will safeguard any information we obtain for which a claim of confidentiality is made according to our policies outlined in title 40, chapter 1, part 2, subpart B, Confidentiality of Business Information. Note that 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 our regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. We would like to solicit comments to:

--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; --Evaluate the accuracy of our estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; --Enhance the quality, utility, and clarity of the information to be collected; or, --Minimize the burden of the collection of information on S/L/Ts, 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: 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; 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. We estimate that the amended subpart E program will pose an overall average burden on all respondents of 130,198 hours and $5.3 million per year. We estimate that each of the 127 S/L/Ts subject to subpart E may request delegation for up to 35 section 112(d) standards per year during the 3-year approval period we are requesting for this collection. In addition to delegations of the section 112(d) standards, the total costs include the one-time request for approval to receive delegation, requests for up-front approval to use the equivalency by permit and State program approval options, the one-time request to take delegation of the accidental release prevention program during the 3- year

period, and the effort for S/L/Ts to respond to our decision to withdraw up to two approved rules, programs, or requirements in year 3. Therefore, the average annual burden for each S/L/T is 29 hours and $1,194 per response. The cost estimate is based on the labor costs for S/L/Ts to request delegation under the various options in subpart E and to respond to potential program withdrawal reviews by us. There are no separate capital/startup costs associated with the final rule.

Dated: October 15, 1999. Richard A. Wayland, Acting Director, Information Transfer and Program Integration Division. [FR Doc. 99-28391 Filed 10-28-99; 8:45 am] BILLING CODE 6560-50-P