Notice2022-17267
Proposed Information Collection Request; Comment Request; Data Requirements Rule for the 1-Hour Sulfur Dioxide Primary National Ambient Air Quality Standard (NAAQS) Information Request (Renewal)
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Published
August 11, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is planning to submit a renewal of an information collection request (ICR), "Data Requirements Rule for the 1-Hour Sulfur Dioxide Primary National Ambient Air Quality Standard (NAAQS) Information Request (Renewal)" (EPA ICR No. 2495.05), Office of Management and Budget (OMB) Control No. 2060-0696) to the OMB for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed renewal of the existing ICR for the Data Requirements Rule for the 1-Hour Sulfur Dioxide Primary NAAQS (SO<INF>2</INF> Data Requirements Rule), which is currently approved through December 31, 2022. 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.
Full Text
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<title>Federal Register, Volume 87 Issue 154 (Thursday, August 11, 2022)</title>
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[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Notices]
[Pages 49590-49592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17267]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2013-0711; FRL-10102-01-OAR]
Proposed Information Collection Request; Comment Request; Data
Requirements Rule for the 1-Hour Sulfur Dioxide Primary National
Ambient Air Quality Standard (NAAQS) Information Request (Renewal)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit a renewal of an information collection request (ICR), ``Data
Requirements Rule for the 1-Hour Sulfur Dioxide Primary National
Ambient Air Quality Standard (NAAQS) Information Request (Renewal)''
(EPA ICR No. 2495.05), Office of Management and Budget (OMB) Control
No. 2060-0696) to the OMB for review and approval in accordance with
the Paperwork Reduction Act (PRA). Before doing so, the EPA is
soliciting public comments on specific aspects of the proposed
information collection as described below. This is a proposed renewal
of the existing ICR for the Data Requirements Rule for the 1-Hour
Sulfur Dioxide Primary NAAQS (SO<INF>2</INF> Data Requirements Rule),
which is currently approved through December 31, 2022. 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.
DATES: Comments must be submitted on or before October 11, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0711, at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered to be the official
comment and should include discussion of all points you wish to make.
The EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Sydney Lawrence, Office of Air Quality
Planning and Standards, Air Quality Policy Division, C504-05, U.S.
Environmental Protection Agency, Research Triangle Park, NC; telephone
number: (919) 541-4768; email address: <a href="/cdn-cgi/l/email-protection#bad6dbcdc8dfd4d9df94c9c3ded4dfc3fadfcadb94ddd5cc"><span class="__cf_email__" data-cfemail="107c716762757e73753e6369747e7569507560713e777f66">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Out of an abundance of caution for members of the
public and our staff, the EPA Docket Center and Reading Room are open
to the public by appointment only to reduce the risk of transmitting
COVID-19. Our Docket Center staff also continues to provide remote
customer service via email, phone, and webform. Hand deliveries and
couriers may be received by scheduled appointment only. For further
information on EPA Docket Center services and the current status,
please visit us online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
Pursuant to section 3506(c)(2)(A) of the 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
[[Page 49591]]
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
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., electronic submission of responses. EPA will consider
the comments received and amend the proposed ICR renewal as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
Background
The SO<INF>2</INF> Data Requirements Rule (``DRR'' or ``Rule'')
directed state, local, and tribal air quality management agencies to
provide data to initially characterize current air quality in areas
that contain large sources of SO<INF>2</INF> emissions, information
that was used in the NAAQS designations and other processes.\1\ The
rule also requires states to continue to provide monitoring, modeling,
and emissions data for a subset of sources that meet certain
requirements under the rule, which may serve to verify whether these
areas continue to meet the 2010 SO<INF>2</INF> NAAQS.
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\1\ See 80 FR 51052 (August 21, 2015).
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Through the SO<INF>2</INF> Data Requirements Rule and the initial
ICR, the EPA required that states characterize ambient air quality
around sources with emissions that are greater than 2,000 tons per year
(tpy) or that were otherwise included as a listed source in accordance
with the Rule.\2\ Based upon 2011 emissions data, the ICR initially
identified approximately 412 sources of SO<INF>2</INF> in 43 states
that may potentially be listed under the DRR. Currently, there are 137
sources in 36 states that are still subject to ongoing reporting
requirements under the SO<INF>2</INF> Data Requirements Rule.
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\2\ Pursuant to section 51.1203(a) of the SO<INF>2</INF> Data
Requirements Rule, air management agencies were required to submit a
list of applicable sources of SO<INF>2</INF> emissions in their
jurisdiction with emissions of 2,000 tpy or greater by no later than
January 15, 2016. See 80 FR 51087, August 21, 2015.
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The DRR described the criteria for identifying the source areas
where air agencies needed to characterize SO<INF>2</INF> air quality.
It also described the process and timetables by which air quality
management agencies were required to characterize air quality in areas
around sources through ambient monitoring and/or air quality modeling
techniques and submit this data to EPA. The air quality data developed
by the states in accordance with the Rule were used by EPA to assist in
the remaining rounds of area designations for the 2010 SO<INF>2</INF>
NAAQS, as well as in other areas, and is intended to provide
information to verify whether areas are meeting the standard.
For those air quality management agencies that elected to conduct
ambient air monitoring for areas with listed DRR sources to provide the
necessary air quality data to EPA, the state and local air quality
management agencies are responsible for reporting ambient air quality
data and will continue to submit these data electronically to EPA's Air
Quality System (AQS) and voluntary databases. Quality assurance/quality
control records and monitoring network documentation are also
maintained by each state and local agency, in AQS electronic format
where possible. Although the state and local air quality management
agencies are responsible for the operation of this air monitoring
network, they may have opportunities to work with industry to help
support modeling exercises and/or monitoring network installation,
operations, and maintenance. As explained above, while information
collections associated with initial ambient air quality monitoring
required under the DRR (40 CFR part 51) were included in the prior
version of the DRR ICR, any collections associated with ongoing
monitoring are now covered by the part 58 ICR. Ongoing collections have
been removed from the DRR ICR to avoid duplicative burden calculations.
Future renewals of the Part 58 ICR will continue to cover any
collections of ongoing ambient air monitoring data that were initiated
under subpart BB of part 51, as long as any of those monitors continues
to operate.
For those air quality management agencies that elected to conduct
air quality modeling of the areas containing listed DRR sources to
provide the necessary air quality data to EPA and which were designated
either unclassifiable/attainment or attainment/unclassifiable based on
modeling of actual emissions of the area, state and local air quality
management agencies are responsible for submitting on-going data
reports. In accordance with the SO<INF>2</INF> Data Requirements Rule,
these reports must be submitted annually as either a stand-alone
document made available for public inspection or as an appendix to the
air agency's Annual Monitoring Network Plan, and are required to
include the annual SO<INF>2</INF> emissions of each applicable source
in each such area, provide an assessment of the cause of any emissions
increase from the previous year, and include a recommendation from the
air agency regarding whether additional modeling is needed to
characterize air quality in any area to determine whether the area
meets or does not meet the 2010 SO<INF>2</INF> NAAQS. If the EPA
requires that the air agency conduct updated air quality modeling for
the area, the air agency has 12 months to submit it to the EPA.
Abstract
This ICR includes estimates for the submission and processing of
emissions and emissions-related information and ambient air dispersion
modeling reporting and activities, associated with the 40 CFR part 51
Requirements for Preparation, Adoption and Submittal of Implementation
Plans, as they apply to the 2010 1-Hour SO<INF>2</INF> Primary NAAQS.
These data and information are collected by various state and local air
quality management agencies and reported to the EPA. State and local
air management agencies chose to submit either monitoring or modeling
information in order to meet the initial and on-going requirements, as
applicable, to characterize air quality concentrations in areas with
specific emissions sources identified under the final SO<INF>2</INF>
DRR. This proposed ICR Renewal adopts (with some revisions) the
estimates contained in the original ICR, and it includes burden
estimates for the development, submittal, and processing of the
information described above to meet ongoing requirements under the DRR
during the period January 1, 2023-December 31, 2025. For those state
and local air management agencies that chose ambient monitoring rather
than modeling to characterize air quality around specific emissions
sources during the initial phase of DRR implementation (2016), such
monitoring is required by subpart BB of part 51, and information
collections associated with initial ambient air quality monitoring
required under Part 51 were initially included in the prior versions of
the DRR ICR. Currently, the DRR requires that ongoing monitoring
continue to meet the operational constraints and requirements in 40 CFR
part 58, and any collections associated with ongoing monitoring under
the DRR are now covered by the Part 58 ICR (EPA ICR No. 0940.29; OMB
No. 2060-0084). Therefore, ongoing collections of ambient monitoring
data have been removed from coverage by the DRR ICR to avoid
duplicative burden
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calculations. Future renewals of the part 58 ICR will continue to cover
any collections of ongoing ambient air monitoring data that were
initiated under Subpart BB of Part 51, so long as any of those monitors
continues to operate.
In accordance with the requirements of the DRR, where an air agency
finds in the annual emissions report for a source subject to the DRR
that emissions have increased in an area, the state or the EPA may
determine that the state must submit updated air quality modeling data
for the area to determine whether or not the area is meeting the 2010
1-Hour SO<INF>2</INF> Primary NAAQS.
The information requirements included within this ICR are necessary
to provide EPA with ambient air quality data, which includes emissions
data and/or modeling data, to determine the air quality status of
specific areas around the country, to make attainment decisions for
those areas with respect to the NAAQS, to assist in developing
necessary control strategies in order to ensure attainment of the NAAQS
in those areas, to assess national trends in air pollution, to inform
the public of air quality, and to determine the population's exposure
to various ambient air pollutants. EPA's ability to achieve its goal of
attaining the 2010 SO<INF>2</INF> 1-hour NAAQS in all areas of the
United States is directly dependent upon the availability of ambient
air quality data (emissions and/or modeling data) requested in this
information collection. Additionally, EPA, state and local air quality
management agencies, environmental groups, industrial groups, and
academic organizations use these data to study atmospheric chemistry,
e.g., the formation and fate of SO<INF>2</INF> to determine the most
appropriate and effective control strategies necessary to reduce air
pollution.
The principal legal authority for this information collection is
the Clean Air Act (CAA), 42 U.S.C. 7403, 7410, 7414(a), and 7511a, from
which the 40 CFR part 51 regulations were promulgated. Under section
7403(c), the Administrator is required to conduct a program of
research, testing, and development of methods for sampling,
measurement, monitoring, analysis, and modeling of air pollutants,
specifically including a requirement to establish a national network to
monitor, collect, and compile data with quantification of certainty in
the status and trends of air emissions and air quality.
CAA sections 110(a) and (k) (42 U.S.C. 7410(a) and (k)) contain the
state implementation plan (SIP) requirements, which include a
requirement that each State submit a SIP that: (1) provides for the
establishment and operation of appropriate devices, methods, systems,
and procedures necessary to monitor, compile, analyze, and make
available to the Administrator data on ambient air quality and (2)
provides for the performance of such air quality modeling as the
Administrator may prescribe for the purpose of predicting the effect on
ambient air quality of any emissions of any air pollutant for which the
Administrator has established a NAAQS, and the submission, upon
request, of data related to such air quality modeling to the designee
as stipulated in the rule.
Form Numbers: None.
Respondents/affected entities: State, local and tribal air
pollution management control agencies.
Respondents' obligation to respond: mandatory (see CAA 42 U.S.C.
7403, 7410, and 7511a, from which the 40 CFR part 51 regulations were
promulgated).
Estimated number of respondents: 36 states, providing emissions and
in some cases air quality modeling for 137 sources.
Frequency of response: Annually for ongoing modeling annual report.
Total estimated burden: On the high end, the modeling burden per
source is estimated to be $22,000 annually. On the low end, labor costs
are estimated to be 5% of the overall turnkey estimate, or $1,100 per
report annually. Burden is defined at 5 CFR 1320.03(b).
Total estimated cost: Range of $150,700 to $3,014,000 (per year).
Changes in Estimates: The prior renewal of this ICR estimated a
maximum possible burden of $5,100,000 annually for modeling sources.
This ICR renewal, estimating a range of $150,700 to $3,014,000
annually, reflects a decrease in the maximum possible burden of
$2,086,000 annually for modeling sources. This decrease is due to the
reduced number of listed sources for which states chose air quality
modeling to meet their DRR requirements.
Scott Mathias,
Director, Air Quality Policy Division.
[FR Doc. 2022-17267 Filed 8-10-22; 8:45 am]
BILLING CODE 6560-50-P
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